Decree No. 19/2015/ND-CP detailing a number of articles of the Law on Environmental Protection

4 THE GOVERNMENT No. 19/2015/ND-CP OFFICIAL GAZETTE Issue nos 06-07/March 2015 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, Febrna,y 14, 2015 DECREE Detailing a number of articles of the Law on Environmental ProtectionC*J Pursuant to the December 25, 2001 Law on Organization of Government; Pursuant to the June 23, 2014 Law on Environmental Protection; At the proposal of the Minister of Natural Resources and Environment, The Government promulgates the Decree detailing a number of articles of the Law on Environmental Protection. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree details Point dd, Clause 1, Article 38; Clause 5, Article 61; Clause 3, Article 68; Clause 7, Atticle 70; Clause 3,Alticle 75; Clause 5, Alticle 104; Clause 3, Alticle 146; Clause 2, Atticle 151; and Clause 3, Alticle 167 of the Law on Enviromnental Protection, including: 1. Enviromnental improvement and rehabilitation and payment of deposits for enviromnental improvement and rehabilitation for mineral exploitation activities. 2. Control of pollution of the soil enviromnent. 3. Enviromnental protection in craft villages. 4. Enviromnental protection in the impo1t and breaking of used seagoing ships. 5. Ce1tification of the enviromnental management system; insurance for enviromnental damage compensation liability and handling of seriously polluting establishments. 6. Incentives and suppo1ts for enviromnental protection activities. 7. Community paiticipation in enviromnental protection. Article 2. Subjects of application This Decree applies to agencies, organizations, households and individuals operating in the ten1t01y of the Socialist Republic of Vietnain, including the mainland, islands, sea and airspace. Article 3. Interpretation of te1ms In this Decree, the te1ms below ai·e constrned as follows: 1. Enviromnental improvement and rehabilitation means activities to b1'ing the enviromnent and eco-system in the affected enviromnental ai·ea closer to the 01-iginal enviromnental state or achievement of safety and enviromnental standai·ds and regulations to serve purposes beneficial to humans. 2. Payment of deposits for environmental improvement and rehabilitation means that an organizations or individual deposits an amount of money in the Vietnam Enviromnent Protection Fund or the local enviromnental protection fund (below refe1Ted to as the enviromnental protection C-J Cong Bao Nos 299-300 (09/3/2015) © Vietnain Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 5 fund) to secure the organization's or individual's responsibility for environmental improvement and rehabilitation for mineral exploitation activities. 3. Environmental improvement and rehabilitation plan means solutions to environmental improvement and rehabilitation in mineral exploitation activities approved by a competent state management agency. 4. Waste treatment means the process of using technological and technical solutions ( different from pre-processing) in order to reduce, eliminate, isolate, bum, destroy or billy waste and hazardous elements in such waste. 5. Waste treatment facilities include hazardous waste treatment facility, domestic solid waste treatment facility and ordinaiy waste treatment facility. 6. Technical infrastmcture for enviromnental protection in craft villages which is encouraged to be developed includes the centralized water drainage and wastewater collection and treatment system; system of points and equipment of collection, gathering and transportation of ordina.1y solid wastes and hazardous wastes; and greeneries in public ai·eas. 7. Environment-friendly technology means the technology causing less hmm to the environment compai·ed with similai· ones during operation. 8. Enviromnent-friendly establishment means the establishment meeting criteria. of energy conservation, water saving and waste reduction, re-use and re-cycling. 9. Environment-friendly product means the product meeting criteria. of eco-la.bel criteria. and eco-la.bel certification. 10. Community means the community of people living in the same hamlet, village, street group or residential point. Chapter II ENVIRONMENTAL IMPROVEMENT AND REHABILITATION AND PAYMENT OF DEPOSITS FOR ENVIRONMENTAL IMPROVEMENT AND REHABILITATION FOR MINERAL EXPLOITATION ACTIVITIES Article 4. General provisions on environmental improvement and rehabilitation for mineral exploitation activities 1. All organizations and individuals exploiting minerals must have a plan for environmental improvement and rehabilitation and pay a deposit for environmental improvement and rehabilitation to be submitted to a competent state management agency for approval. 2. A plan for environmental improvement and rehabilitation must confo1m with the local socio-economic development master plan, inineral exploitation master plan and land use and environmental protection master plan. 3. Environmental improvement and rehabilitation shall be caiTied out right during the mineral exploitation. 4 . The State shall encourage and create conditions for organizations and individuals exploiting minerals to continue their land rent and enjoy incentive policies in case of enviromnental improvement and rehabilitation into tourist sites, eco-areas or recreation areas for purposes beneficial to humans. Article 5. Subjects required to prepare plans for environmental improvement and rehabilitation and additional plans for environmental improvement and rehabilitation 1. The subjects required to prepai·e a plan for enviromnental improvement and rehabilitation (below refened to as plan) include: © Vietnam Law and Legal F 01um 6 OFFICIAL GAZETTE Issue nos 06-07/March 2015 a/ Organizations and individuals that compile dossiers to apply for mineral exploitation licenses; b/ Organizations and individuals that are exploiting minerals but have not had an approved plan or have not paid a deposit for environmental improvement and rehabilitation; c/ Organizations and individuals that are exploiting minerals and have had an approved plan but fail to implement it within 24 months from the time of its approval shall prepare a plan again. 2. The subjects required to prepare an additional plan for enviromnental improvement and rehabilitation (below refe1Ted to as additional plan) include: a/ Organizations and individuals that already have a mineral exploitation license and an approved plan but change the area, depth and capacity of mineral exploitation; b/ Organizations and individuals that request change of contents of environmental improvement and rehabilitation compared with the approved plan. 3. The following subjects are not required to prepare a plan: a/ Organizations and individuals that exploit minerals for use as ordinaiy building materials within the boundaries of work constrnction investment projects approved or pe1mitted by competent state management agencies and use the exploited products only for such works; b/ Households and individuals that exploit minerals for use as ordina1y building materials in the residential land ai·ea under their land use rights for building works within such ai·ea. Article 6. Time to prepare and submit plans and additional plans for appraisal, contents of these plans 1. The time to prepai·e and submit for appraisal plans and additional plans is prescribed as follows: a/ Organizations and individuals having a mineral exploitation investment project mentioned at Point a, Clause 1, Article 5 shall prepai·e and submit a plan to a competent agency for appraisal and approval before applying for a mineral exploitation license; b/ Organizations and individuals specified at Point b, Clause 1, Aliicle 5, in addition to being sanctioned for their ad1ninistrative violation, shall prepare and submit a plan to a competent agency for appraisal and approval before December 31, 2016; c/ Organizations and individuals specified in Clause 2, Aliicle 5 shall prepare and submit an additional plan to a competent agency for appraisal and approval before applying for a new mineral exploitation license or change of solutions to environmental improvement and rehabilitation. 2. A plan must include the following principal contents: a/ Chai·acteristics of mineral exploitation, cunent state of the natural, economic and social enviromnent, and eco-system affected during the mineral exploitation; b/ Solutions to environmental improvement and rehabilitation; analysis, evaluation and selection of the best solution for environmental improvement and rehabilitation; c/ List and volume of items of environmental improvement and rehabilitation under the selected solution; d/ hnplementation plan; division of the implementation plan by yeai· and stage of environmental improvement and rehabilitation; management and monitoring program during the environmental improvement and rehabilitation; plan for inspection and ce1tification of plan completion; dd/ Cost estimate for environmental improvement and rehabilitation for each item of environmental improvement and rehabilitation under the selected plan; deposits to be paid according to roadmap. © Vietnain Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 7 3. An additional plan must include the following principal contents: a/ Characteristics of mineral exploitation, cmTent state of the natural, economic and social environment of the project area at the time of making the additional plan; b/ Changes in contents of environmental improvement and rehabilitation compared with the approved plan; analysis, assessment and selection of the best solution for environmental improvement and rehabilitation; c/ List and volume of additional items of enviromnental improvement and rehabilitation; di Implementation plan; division of the implementation plan by year and stage of environmental improvement and rehabilitation; management and monitoring program during the environmental improvement and rehabilitation; plan for inspection and ce1iification of additional plan completion; dd/ Cost estimate for enviromnental improvement and rehabilitation for each additional item of environmental improvement and rehabilitation, excluding the implemented items. Article 7. Appraisal and approval of plans and additional plans 1. The competence to appraise and approve a plan or an additional plan is defined as follows: a/ The Minishy of Natmal Resources and Environment shall appraise and approve plans and additional plans for mineral exploitation projects under its licensing competence; b/ The People's Committees of provinces and centrally rnn cities (below refened to as provincial-level People's Committees) shall appraise and approve plans and additional plans of mineral exploitation projects under their licensing competence. 2. A plan or an additional plan shall be appraised by an appraisal council. The council must be composed of representatives of state management agencies of enviromnental protection and geology and minerals, expe1is in the field of such plan, including chaiiman of the council, a deputy chaiiman in case of necessity; a secreta1y, two critics and other members. For plans under the appraisal and approval competence of the Ministiy of Natural Resources and Envii·onment, the council must consist of a representative of the provincial-level People's Committee of the locality where the plan is implemented. 3. The expense for appraisal of a plan or an additional plan shall be paid in accordance with law by the organization and individual exploiting minerals. Article 8. Payment of deposits for envii·onmental improvement and rehabilitation for mineral exploitation activities 1. The amount of deposit must equal the total fund for items of envii·onmental improvement and rehabilitation. The fund for each item of envii·onmental improvement and rehabilitation must comply with the nonns and unit price used in the locality at the time of preparation of the plan or additional plan. In case the locality has no no1m or unit price, the nonn or unit price set by a relevant ministiy or sector shall be applied. In case the relevant ministiy or sector has no no1m or unit price, the market price shall be applied. 2. Organizations and individuals exploiting minerals shall pay deposits annually or by each period taking into account of inflation factors. 3. Organizations and individuals exploiting minerals shall pay deposits in the local envii·onmental protection fund or Vietnam Envii·onment Protection Fund. The deposits shall be paid and refunded in Vietnam dong. 4 . The deposit is entitled to an interest rate equal to the lending interest rate of the envii·onmental protection fund in which the deposit is paid and is calculated from the time of depositing. Organizations and individuals may draw interest only once after obtaining a ce1iificate of completion of all contents of the plan or additional plan. © Vietnam Law and Legal F 01um 8 OFFICIAL GAZETTE Issue nos 06-07/March 2015 5. The deposit shall be refunded on the basis of the organization's or individual's completion of each pa.ii or the whole of contents of environmental improvement and rehabilitation under the approved plan or additional plan. 6. In case the organization or individual is dissolved or bankrnpt after paying the deposit and has not caiTied out the environmental improvement and rehabilitation under the approved plan or additional plan, the agency competent to approve the plan or additional plan shall use the deposited amount including its interest for environmental improvement and rehabilitation. Article 9. Ce1iification of completion of a plan or an additional plan 1. An organization or individual, after having completed each part or the whole contents of enviromnental improvement and rehabilitation of the plan or additional plan, shall compile a dossier on completion of the plan or additional plan to request inspection and certification of completion by a competent agency. 2. The agency competent to inspect and ce1tify completion of a plan or an additional plan is the agency that has approved such plan or additional plan. 3. The inspection and certification of completion of all contents of a plan or an additional plan shall be conducted in the course of testing and acceptance of results of implementation of the mine closing plan. A decision on mine closing must include the content of completion of the entire plan or additional plan. The decision on mine closing can replace the ce1tificate of completion of the entire plan or additional plan. Article 10. Responsibilities of management agencies and units 1. Responsibilities of the Ministiy of Natural Resources and Environment: a/ To develop and issue guidelines on the order, procedures and contents of appraisal, approval, inspection, and ce1tification of completion, of plans or additional plans, payment of deposits for environmental improvement and rehabilitation; bl To perform the uniform state management of environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation for mineral exploitation activities; cl To appraise, approve, inspect, and ce1tify the completion of, plans and additional plans under its competence; d/ To develop and issue technical guidelines on environmental protection, improvement and rehabilitation in mineral exploitation activities; ddl To conduct periodic examination and inspection of environmental protection, improvement and rehabilitation activities of organizations and individuals exploiting minerals and repo1t on implementation results to the Prime Minister. 2. Responsibilities of ministi-ies, ministe11al-level agencies and government-attached agencies (below refened to as ministries and sectors): a/ To coordinate with the Ministiy of Natural Resources and Environment in developing and issuing or submitting to competent autho11ties for issuance documents related to enviromnental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation for mineral exploitation activities; bl To coordinate with the Minishy ofNatural Resources and Environment and other related agencies and organizations in implementing regulations on environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation for mineral exploitation activities in accordance with this Decree; © Vietnam Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 9 cl The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Minishy of Natural Resources and Environment in, guiding the management and use of deposits for environmental improvement and rehabilitation at the environmental protection funds. 3. Responsibilities of provincial-level People's Committees: a/ To appraise, approve, inspect, and cettify the completion of, plans and additional plans under their competence; b/ To examine, inspect and guide the environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation by organizations and individuals exploiting minerals in localities under their management; cl To report to the Ministry of Natural Resources and Environment on the results of environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation, and on the management and use of deposits before December 31 eve1yyear. 4. Responsibilities of the environmental protection funds: a/ To receive deposits from, and ce1tify in writing the payment of deposits, by organizations and individuals exploiting 1ninerals; b/ To refund the deposits and interests thereon to the organizations and individuals under regulations; cl To manage and use the deposits in accordance with law. To send annual repo1ts on the management and use of the deposits to the provincial-level People's Committees, the Ministiy of Natural Resources and Enviromnent and the Ministiy of Finance; di To urge organizations and individuals exploiting minerals to pay deposits for environmental improvement and rehabilitation on schedule and propose competent authorities to issue decisions to sanction the late payment of deposits. 5. Responsibilities of organizations and individuals exploiting 1ninerals a/ To prepare and sub1nit plans or additional plans to competent authorities for appraisal and approval; inf01m the contents of approved plans or additional plans to the commune-level People's Committee or Fatherland Front Com1nittee of the locality where they cany out 1nineral exploitation activities for inspection and supervision; bl To cany out environmental improvement and rehabilitation and pay deposits for environmental improvement and rehabilitation according to regulations; cl To develop and submit to competent authorities proposals for inspection and certification of completion of each pa1t or the whole of plans or additional plans; di To pay charges for the appraisal, inspection, and ce1tification of completion, of plans or additional plans in accordance with law; ddl To repo1t on the enviromnental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation to the agency having approved the plans or additional plans and the local environmental protection management agency before December 15 eve1y year. Chapter III CONTROL OF POLLUTION OF THE SOIL ENVIRONMENT Article 11. Identification, listing, assessment and conti-ol of factors likely to cause pollution of the soil enviromnent © Vietnam Law and Legal F 01urn 10 OFFICIAL GAZETTE Issue nos 06-07/March 2015 1. The factors likely to cause pollution of the soil environment which shall be identified, listed, assessed and controlled are the pollutants generated from: a/ Natural process: Climate change, flooding, saltwater intmsion, dese1tification, deposition of pollutants from the atmospheric circulation, nahiral disasters and nahlral weathering; b/ Human activities: Activities generating chemicals intentionally or unintentionally; wastes from agriculhlral and industrial production, business, services and people's daily life; mineral exploitation and processing; waste recycling and treatment; retention and storage of plant protection chemicals and drngs, warfare toxins. 2. Factors likely to cause pollution of the soil environment shall be controlled as follows: a/ Application of measures to prevent and limit environmental impacts of the generating sources; b/ Constant monitoring and supervision; cl Timely isolation and treatment upon signs of environmental pollution. 3. The Ministry ofN ahlral Resources and Enviromnent shall assume the prime responsibility for, and coordinate with the 1ninistr·ies, sectors and localities in, reviewing and summarizing and submitting to the Prime Minister for promulgation the list of sources and production, business and service establishments that generate factors of pollution of the soil enviromnent to be str-ictly controlled; provide guidance on the listing, assessment and identification of and measures to prevent and contr·ol factors likely to cause pollution of the soil enviromnent. Article 12. Control of pollution of the soil enviromnent at production business and se1vice establishments 1. Production, business and service establishments shall take measures to strictly monitor and supervise stages and areas generating factors likely to cause pollution of the soil environment; promptly detect, isolate and handle these factors upon signs of pollution; prepare and implement plans for prevention of and response to environmental incidents in accordance with law. 2. The following establishments shall monitor the quality of the soil environment pe11odically and repo1t the result to the environmental management agency under regulations of the Ministry of Natural Resources and Environment: a/ Waste treatment establishments; b/ Mineral exploitation establishments; c/ Chemical production establishments and production, business and service establishments using hazardous che1nicals on the list of generated wastes subject to monitoring issued by the Ministry ofNahiral Resources and Environment as stipulated in Clause 2, Alticle 121 of the Law on Environmental Protection. 3. Upon transfer of land use rights, the tr·ansferee of land use rights has the right to request the tr·ansferor of land use rights to provide infonnation on the quality of the soil environment in the area over which land use rights are tr·ansfe1Ted. 4. The establishments specified in Clause 2 of this Alticle, upon change of the land use purpose to residential land or commercial land, shall assess the quality of the soil environment and make public the info1mation among the land users. The quality of the soil environment shall be ce1tified to be suitable to the purpose of use as residential land or commercial land by the agency competent to approve environmental impact assessment repo1ts or by the agency competent to ce1tify enviromnental protection plans. In case the quality of land in the area where the land use purpose is changed does not suit the purpose of use as residential land or commercial land, the cu1Tent and fuhlre users of land for residential or commercial purpose must have a plan for tr·eating the soil enviromnent to suit the land use pmpose. © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 11 Article 13. Control of pollution of the soil environment in areas polluted with chemical waif are agents, residues of plant protection chemicals and other hazardous substances 1. The polluted land areas to be treated by the State include: a/ Area of pollution of the soil environment due to chemical waifare agents; b/ Area of pollution of the soil environment due to residues of plant protection chemicals; c/ Area of pollution of the soil environment without identified polluters. 2. Pollution of the soil environment to be treated by the State shall be controlled as follows: a/ Listing and preliminarily surveying the polluted areas and preliminaii ly assessing the risks; b/ Surveying in detail to dete1mine the scope and extent of pollution and assessing risks of pollution; c/ Developing models and solutions to pollution treatment and environmental improvement and rehabilitation; d/ Zoning, isolating, treating, improving and rehabilitating the environment according to approved solutions. dd/ Pe1fo1ming observation and monito1i ng after the environmental treatment, improvement and rehabilitation. 3. Provincial-level People 's Committees shall prepare plans for enviromnental treatment, improvement and rehabilitation for the ai·eas specified in Clause 1 of this Alticle and submit these plans to the Minishy of Natural Resources and Environment for appraisal and approval. An organization or individual that wishes to conduct environmental ti·eatment, improvement and rehabilitation for using the land for another purpose shall prepare a plan for environmental treatment, improvement and rehabilitation and submit it to the provincial-level People's Committee for appraisal, approval, inspection and ce1tification of completion of enviromnental improvement and rehabilitation before land use. 4. The establishments named in the list mentioned in Clause 3, Alticle 11 of this Decree outside the ai·eas specified in Clause 1 of this Alticle shall organize the survey, assessment, zoning, treatment and rehabilitation upon occunence of pollution of the soil enviromnent. 5. The quality of the soil enviromnent in areas polluted with chemical waifai·e agents, residues of plant protection chemicals and other hazai·dous chemicals shall be publicized to related organizations and individuals. Article 14. Responsibilities of agencies to control pollution of the soil enviromnent 1. The Ministry of Natural Resources and Enviromnent shall: a/ Elaborate regulations and guidance on assessing the receipt capacity of the soil environment according to the use purpose; b/ Issue guidance on identification, listing, assessment, zoning and conti·ol of factors likely to cause pollution of the soil enviromnent, provide info1mation on the quality of the soil enviromnent, and ce1tify the quality of land in ai·eas changed into residential land or commercial land under Clause 4, Alticle 12 of this Decree; c/ Develop and update the national inf 01mation system on areas with polluted land and control of pollution of the soil environment; d/ Summarize and publicize the quality of the soil enviromnent and factors likely to cause pollution of the soil enviromnent nationwide; dd/ Guide methods for publicizing info1mation about the quality of the soil environment. © Vietnam Law and Legal F 01um 12 OFFICIAL GAZETTE Issue nos 06-07/March 2015 2. The Ministry of National Defense and the Ministry of Public Security shall assume the prime responsibility for, and coordinate with provincial-level People 's Committees in, conducting surveys and making statistics of info1mation about the quality of the soil environment of land areas used for national defense and security and send the results to the Ministiy of Natural Resources and Environment for smmnarization; and shall organize the treatment of polluted land areas under their respective management. 3. Provincial-level People's Committee shall: a/ Organize survey, assessment and publicize info1mation about factors likely to cause pollution of the soil enviromnent in their localities; and monitor the quality of the soil enviromnent in public areas; b/ Publicize info1mation about the quality of the soil environment (maps, reports on assessment ofland quality, land degradation and pollution) under the land law; update inf01mation on the control of pollution of the soil environment in their localities in the national infonnation system on conti-ol of pollution of the soil environment; c/ Issue warnings about areas with the land quality unsuitable to their use purpose; monitor and supervise the preparation and implementation of plans for treatment, improvement and rehabilitation of the soil enviromnent to suit the use purpose of land users or polluters named in the list mentioned in Clause 3, Alticle 11 of this Decree; d/ Organize the tr·eatment of polluted land areas in their localities. Chapter IV ENVIRONMENTAL PROTECTION IN CRAFT VILLAGES Article 15. General provisions on enviromnental protection in craft villages 1. A plan for environmental protection in a craft village must include the contents, methods and order of environmental protection in the craft village; actual situation of production and daily-life activities in the craft village; types and volume of generated wastes; organization of environmental protection activities in the craft village in general, measures of reduction, collection and tr·eatment of wastes generated from the craft village; airnngement of resources for enviromnental protection activities and responsibilities of related organizations and individuals. 2. Environmental protection technical infrastrncture in craft villages with no less than 20% of the number of production establishments having business lines encouraged to develop (below refened to as craft village encouraged to develop) shall be invested with state budget funds. Provincial-level People 's Committees shall allocate local budgets for investment in environmental protection technical infrastlucture in craft villages encouraged to develop and mobilize resources for investment in environmental protection technical infrastrncture in craft villages in their localities. 3. Production establishments which have business lines encouraged to develop in craft villages ai·e those on the list provided in Appendix I to this Decree. In each period, the Ministry of Natural Resources and Enviromnent shall assume the prime responsibility for, and coordinate with the ministries, sectors and localities in, reviewing Appendix I to this Decree for submission to the Prime Minister for amendment and supplementation suitable to reality. 4. The Ministiy of Agriculture and Rural Development shall promulgate or submit to competent authorities for promulgation incentive and support mechanisms and policies for establishments which have business lines encouraged to develop and for craft villages encouraged to develop; and coordinate with the Ministry of Natural Resources and Environment in establishing enviromnental protection criteria in the recognition of craft villages. © Vietnain Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 13 Article 16. Environmental protection responsibilities of production establishments in craft villages 1. To implement environmental protection measures mentioned in the environmental impact assessmentrepo1t, written environmental protection commitment, detailed environmental protection plan, simple environmental protection plan or repo1t on environmental protection measures. fu case a production establishment that has business lines encouraged to develop in a craft village has not made any environmental impact assessment repo1t, written environmental protection commitment, detailed enviromnental protection plan or simple enviromnental protection plan, it shall prepare a repo1t on enviromnental protection measures, describing activities of the establishment, types of wastes generated, measures to reduce and control dust, heat, noise, vibration, collect and treat wastewater on the spot, and classification, storage, self-treatment or transfer of solid wastes, and send it to the local environmental management agency for examination and monitoring. 2. To fully pay enviromnental protection charges and financial obligations in accordance with law for environmental protection activities of craft villages. 3. Service, business and production establishments in craft villages other than those specified in Clause 3, Alticle 15 ofthis Decree shall comply with Clause 3, Alticle 70 of the Law on Environmental Protection and regulations on environmental protection applicable to service, business and production establishments. Article 17. Responsibilities of commune-level People's Committees 1. To prepare plans for enviromnental protection in craft villages in their communes and subinit them to the district-level People's Committee for approval before implementing these plans. 2. To urge the preparation of environmental protection contents in the conventions or regulations of craft villages. 3. To anange officers knowledgeable about law and environmental management to monitor the implementation of environmental protection in craft villages; provide guidance on activities of self-managed enviromnental protection organizations in craft villages. 4. To prioritize allocation of environmental non-business and other funds for enviromnental protection, investment in, repair and renovation of environmental protection technical infrastmcture works in the craft villages which are encouraged to develop in their localities. 5. To properly manage, operate and maintain environmental protection technical infrastmcture projects or works in craft villages which are handed over to them. 6. To regularly guide and inspect the implementation of the law on environmental protection by establishments in their localities and handle their violations. 7. To disseminate infon nation among people and improve their awareness about the responsibility for environmental protection; to guide establishments on recove1y, recycling, re-use and on-the-spot treatment of wastes. 8. To publicize inf01mation about the enviromnental status and environmental protection in craft villages in the local mass media, through local mass and socio-political organizations and at meetings of commune-level People's Committees and People's Councils. 9. To annually repo1t to the district-level People's Cominittee on the environmental protection and generation and treatment of wastes in craft villages in their localities before October 30 eve1y year or iiTegularly upon request. Article 18. Responsibilities of district-level People 's Committees 1. To survey and list craft villages and craft villages encouraged to develop, production establishments which conduct business lines encouraged to develop in craft villages in then· © Vietnam Law and Legal F 01um 14 OFFICIAL GAZETTE Issue nos 06-07/March 2015 localities; to direct district-level business registration agencies to consider and revoke the business household ce1tificates of production establishments in craft villages which do not conduct business lines encouraged to develop but cause serious enviromnental pollution and fail to ensure the required distance from residential areas. 2. To urge, approve and guide colllllltme-level People's Collllllittees in implementing, and inspecting the implementation of, plans for enviromnental protection in craft villages. 3. To direct the development of, inspect and monitor the implementation of, contents of enviromnental protection in the regulations or conventions of craft villages. 4. To review and propose master plans on industrial clusters or airnngement of concentrated livestock breeding ai·eas and production areas outside residential ai·eas to comply with the regulations on enviromnental protection in order to plan and relocate out of residential ai·eas production establishments which do not conduct business lines encouraged to develop but cause enviromnental pollution. 5. To prioritize the allocation of enviromnental non-business funds for enviromnental management and other fi.mds for investment in, building, upgrade and renovation of enviromnental protection technical infrastmcture works in the craft villages encouraged to develop in their localities. 6. To guide, examine and inspect the implementation of the law on enviromnental protection by production establishments in their localities and handle their violations. 7. To disseminate the law on enviromnental protection; to organize activities to encourage service, business and production establishments to apply cleaner production solutions and enviromnental friendly technologies, and collect and recycle wastes. 8. To publicize inf01mation about the enviromnental status and enviromnental protection in craft villages in the local mass media and at meetings of district-level People's Committees and People 's Councils. 9. To summarize and repo1t to the provincial-level People's Collllllittee on the enviromnental protection and generation and treatment of wastes from craft villages in their localities once a yeai· before November 30 eve1y year or inegularly upon request. Article 19. Responsibilities of provincial-level People 's Collllllittees 1. To summarize and publicize the list of craft villages and craft villages encouraged to develop, production establishments which have business lines encouraged to develop; the plan for craft village development and plan for change of business lines or relocation out of residential areas for production establishments which do not conduct business lines encouraged to develop but cause enviromnental pollution in their localities. 2. To allocate local budget fi.mds for the enviromnental protection in craft villages. To prioritize the allocation of enviromnental non-business fi.mds and other funds for enviromnental management and investment in the building of works for enviromnental protection and renovation and upgrade of enviromnental protection technical infrastructure works in the craft villages which are encouraged to develop. 3. To fo1mulate and promulgate or subinit to competent authorities for promulgation and implement incentive and supp01t mechanisms and policies for production establishments which conduct business lines encouraged to develop; suppo1t mechanisms and policies for polluting establishments which shall be relocated out of residential ai·eas or shall change their production activities. 4. To ensure conditions for enviromnental protection in the recognition of craft villages. 5. To assess the extent of craft village pollution, prepare plans for treatment of craft village enviromnental pollution, including: a/ Calculating volumes of wastewater, gas emissions, ordina1y solid waste and hazardous solid waste generated from the establishments in the craft villages; © Vietnain Law and Legal F omm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 15 bl Assessing the extent of environmental pollution of surface water, groundwater, land and air; c/ Preparing and talcing measures to remedy craft village environmental pollution. 6. To direct the planning and approval of, and investment of funds, in environmental protection technical infi:astmcture in craft villages which are encouraged to develop; the planning of industrial parks, industrial clusters, livestock fanning areas and production areas outside residential areas to comply with the regulations on environmental protection in order to relocate polluting production establishments out of residential areas. 7. To manage the collection, transport, re-cycling and treatment of mral waste or waste from the operation of establishments in craft villages. 8. To guide, examine and inspect the implementation of the law on environmental protection by production establishments in their localities and handle their violations. 9. To publicize inf01mation about the enviromnental status and environmental protection in craft villages in local mass media and at meetings of provincial-level People 's Committees and People's Councils. 10. To report to the Mini.shy of Natural Resources and Environment on the environmental protection and generation and h·eatment of wastes from craft villages in their localities once a year before December 30 or inegularly upon request. Article 20. Responsibilities of the Mini.shy of Natural Resources and Enviromnent 1. To promulgate or submit to competent authorities for promulgation regulations and conditions on enviromnental protection for craft villages; the national technical regulations on enviromnent for production establishments which conduct business lines encouraged to develop; to coordinate with the Mini.shy of Finance in promulgating or submitting to competent authorities for promulgation incentive and suppo1t mechanisms and policies on enviromnental protection for production establishments which conduct business lines and for craft villages encouraged to develop. 2. To manage and update info1mation and data on enviromnental protection in craft villages nationwide; to publicize the list of polluting craft villages and seriously polluting craft villages; to inshuct and inspect the implementation of regulations on enviromnental protection in craft villages. 3. To guide the treatment of wastes generated from activities of production establishments which are encouraged to develop in craft villages. 4. To guide contents and the order of development and approval of craft village enviromnent protection plans and the preparation of repo1ts on enviromnental protection measures of production establishments which are encouraged to develop in craft villages. 5. To guide and organize the h·aining, experience dissemination and provision of inf 01mation about enviromnental law, solutions to enviromnental protection and enviromnentally friendly production, exhibitions, fairs, promotion of environmentally friendly products and enviromnental technologies for production establishments which are encouraged to develop in craft villages. Article 21. Policies to encourage development of craft villages and production establishments which conduct business lines encouraged to develop 1. Giving priority to the allocation of budgets for conshuction of environmental protection infrashucture under relevant laws; inh·oduction and promotion of products in commercial and tourism activities; training and dissemination of knowledge about enviromnental protection among the communities, self-managed enviromnental protection organizations and commune-level enviromnental management officers . 2. Giving priority in the process of consideration and approval and provision of soft loans of credit institutions on enviromnent, Vietnam Enviromnent Protection Fund, sectoral enviromnental © Vietnam Law and Legal F 01um 16 OFFICIAL GAZETTE Issue nos 06-07/March 2015 protection ftmds and local environmental protection fi.mds for environmental protection projects under regulations on operation and organization of the environmental protection fi.md. 3. Giving priority in the process of consideration and selection to implement industrial and agricultural extension programs and the national target program on new count:Iyside building; giving priority in the receipt and implementation of the models of waste treatment from international projects and in the pe1fo1mance of state budget-fonded tasks, schemes and projects. ChapterV ENVIRONMENTAL PROTECTION IN THE IMPORT AND BREAKING OF USED SEAGOING SHIPS Article 22. Environmental protection requirements for used seagoing ship-breaking establishments 1. A project to build a seagoing ship-breaking establishment must have a repo1t on environmental impact assessment approved by the Ministry of Natural Resources and Environment. 2. A seagoing ship-breaking establishment shall apply the environmental management system standard according to national standard TCVN ISO 14001. 3. When breaking a ship, a seagoing ship-breaking establishment shall make an enviromnental protection plan and submit it to the Ministiy of Natural Resources and Environment for approval. The plan must include the following main contents: a/ Plan for prevention, response to and remedy of environmental incidents during ship breaking; b/ Plan for collection, storage, ti·anspo1tation and treatment of ordina1y and hazardous wastes during ship breaking; c/ Measures to ti·eat wastewater and gas e1nissions generated from the ship breaking to ensure compliance with relevant national technical regulations on environment; The Ministiy of Natural Resources and Environment shall provide specific guidance on the procedures and dossiers and organize the assessment and approval of environmental protection plans in used seagoing ship breaking. 4. The process of assessment and ce1tification of environmental protection plans in used seagoing ship breaking a/ Sixty days before ship breaking, a ship breaking establishment shall send an enviromnental protection plan in used seagoing ship breaking, made according to the fo1m provided in Appendix IV to this Decree, to the General Depaitment of Enviromnent; b/ Within 20 days, the Vietnam Environment Administi·ation shall organize the assessment and ce1tification of the environmental protection plan in used seagoing ship breaking. c/ If the enviromnental protection plan in used seagoing ship breaking meets the law prescribed requirements for environmental protection, within 10 days, the Vietnam Environment Administi·ation shall issue a decision to approve the enviromnental protection plan in used seagoing ship breaking. The fo1m of approval decision is provided in Appendix V to this Decree; d/ If the enviromnental protection plan in used seagoing ship breaking fails to meet the law prescribed requirements for enviromnental protection, within 5 days, the Vietnam Environment Administi·ation shall issue a written notice clearly stating the reason to the establishment. 5. Conditions for technical and technological facilities and human resources for enviromnental protection for seagoing ship-breaking establishments: a/ Having a diy dock or specialized yai·d on land and appropriate ashore towing equipment and ensuring enviromnental protection conditions for use as the direct site for ship breaking; © Vietnam Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 17 b/ Having technologies and equipment to break seagoing ships and treat accompanying impurities up to environmental technical regulations and in accordance with the law on waste management; c/ Having technical equipment and measures to control pollution and protect the environment at the site of ship breaking; d/ Having employees who possess environmental protection training ce1tificates as required by the Ministly of Natural Resources and Environment. Article 23. Environmental protection requirements on imp01ted seagoing ships for breaking 1. An imp01ter of seagoing ships for breaking must, in addition to canying out impo1t procedures under cunent regulations, present a ce1tificate of confonnity with the environmental national technical regulation applicable to seagoing ships imp01ted for breaking granted by a confonnity certification organization. 2. The Ministly ofNatural Resources and Environment shall appoint confonnity ce1tification organizations in accordance with the law on technical regulations and standards, and guide the order and procedures for assessing enviromnental protection conditions for the seagoing ships impo1ted for breaking. Article 24. Responsibilities of minist1·ies, agencies and provincial-level People's Committees for the impo1t and breaking of used seagoing ships 1. The Ministiy of Natural Resources and Enviromnent shall organize the implementation of regulations on enviromnental protection in the impo1t and breaking of used seagoing ships. 2. The Ministiy of Transpo1t shall coordinate with the Ministiy of Natural Resources and Environment in implementing the regulations on environmental protection in the impo1t and breaking of used seagoing ships. 3. Related minist1·ies and sectors shall, within the scope of their competence, coordinate with the Ministiy of Natural Resources and Enviromnent in implementing the regulations on environmental protection in the import and breaking of used seagoing ships. 4. Within the scope of their powers, provincial-level People's Connnittees shall organize the inspection and monitoring of compliance with the law on environmental protection in the activities of seagoing ship-breaking establishments under this Decree and other relevant laws. Chapter VI CERTIFICATION OF THE ENVIRONMENTAL MANAGEMENT SYSTEM; INSURANCE OF ENVIRONMENTAL DAMAGE COMPENSATION LIABILITY; HANDLING OF SERIOUSLY POLLUTING ESTABLISHMENTS Section 1 CERTIFICATION OF THE ENVIRONMENTAL MANAGEMENT SYSTEM Article 25. Establishments subject to ce1tification of the enviromnental management system 1. Service, business and production establishments which are operating with large amount of waste likely to seriously impact the enviromnent on the list specified in Appendix II to this Decree shall obtain ce1tification of their enviromnental management systems. 2. Establishments having a valid ce1tificate of confonnity with national standard TCVN ISO 14001 issued by a ce1tification organization which has registered its operational field under law are not required to obtain ce1tification of their enviromnental management systems. The heads of the establishments shall send a written commitment to complying with all contents specified in Alticle 27 of this Decree to the agency with ce1tification competence. © Vietnam Law and Legal F mum 18 OFFICIAL GAZETTE Issue nos 06-07/March 2015 3. In each period, the P1ime Minister shall consider and decide on the modification of the list of services, business and production establishments which shall obtain certification of their environmental management systems at the proposal of the Ministiy of Natural Resources and Environment. Article 26. Time to obtain certification of the environmental management system 1. Establishments which are canying out their service, business or production activities shall obtain ce1tification of their environmental management systems for the first time within 12 months from the effective date of this Decree. 2. Establishments other than those specified in Clause 1 of this.Aiticle shall obtain ce1tification of their environmental management systems for the first time after having can-ied out their service, business or production activities for 12 months but within no more than 24 months from the time they commence their service, business or production activities. Article 27. Contents of the environmental management system 1. Contents of an enviromnental management system: a/ Plan or process of operating production establishments in accordance with the law on enviromnental protection; bl Commitment to effectively using production processes and equipment to conserve energy and raw materials and minimize enviromnental pollution; c/ Establishment and maintenance of a process for continuous monit01-ing of environmental impacts of production activities; environmental objectives and indicators for environmental protection activities and assessment of their effectiveness; d/ Dete1mination, implementation and maintenance of the role, responsibilities and powers of the establishment's leadership and employees concerning environmental protection; anangement of environmental management officers; provision of necessaiy resources for the establishment's enviromnental protection work; dd/ Program to raise the employees ' and workers ' awai·eness about the enviromnental impacts of production activities at the establishment and measures to minimize such impacts ( at least once a year); el Priority policies towai·d suppliers and contractors that ai·e recognized as environmentally fi-iendly establishments or having eco-labeled products. g/ Plan for publication of annual environmental reports; plan for provision of info1mation to customers and adjacent communities on necessaiy environmental protection measures. 2. The enviromnental management system shall be adjusted in a timely manner to align with changes during the establishment's operation. Article 28. Ce1tification of the environmental management system 1. A dossier of request for ce1tification of the environmental management system must comp11se: a/ Written request for ce1tification of the environmental management system; b/ Repo1t on the environmental management system of the establishment. 2. The owner of a service, business or production establishment shall send a dossier of request for ce1tification of the enviromnental management system to the agency with ce1tification competence, pe1missibly by e-mail. 3. After receiving the dossier, the agency with ce1tification competence shall consider it and issue a wi-itten notice to the owner of the establishment for completion of the dossier within 3 days in case the dossier is invalid or incomplete. © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 19 4. After receiving a valid dossier, the agency with ce1tification competence shall organize the certification and grant a ce1tificate of environmental management system within 30 days. fu case of refusal to grant a ce1tificate of the environmental management system, the agency with ce1tification competence shall issue a written notice clearly stating the reason to the owner of the establishment. 5. The certificate of environmental management system must be valid for 5 years from the date of grant. 6. The Ministty of Natural Resources and Environment shall stipulate the fonn ofreport, order and procedures for ce1tification of environmental management system of establishments. Article 29. Competence to ce1tify the environmental management system 1. The Ministty of Natural Resources and Environment shall ce1tify the environmental management system for establishments not related to the field of national defense or security. 2. The Ministty of National Defense or the Ministty of Public Security shall certify the environmental management system for the establishments related to the field of national defense or security, respectively. Article 30. Change and re-ce1tification of the environmental management system 1. In case an establishment sees changes toward reduction in environmental protection requirement and responsibility dete1mined in the environmental management system or changes in scale, capacity and technology that increase negative environmental impacts, such changes shall be approved in writing by the ce1tification agency. This agency shall reply in writing within 20 days from the date of receipt of a valid dossier. 2 . The establishment shall submit a dossier for re-certification of the enviromnental management system at least 90 day before the expiration of its certificate of enviromnental management system. The dossier must comprise: a/ Written request for re-ce1tification; b/ Ce1tificate of environmental management system; c/ Repo1t on compliance with contents of the ce1tified environmental management system. If there are changes in contents of the ce1tified environmental management system, the establishments shall clearly state such changes. 3. The process of re-ce1tification of enviromnental management system must comply with Atticle 28 of this Decree. The time litnit for processing dossiers and re-granting ce1tificates of environmental management system is 20 days. Section 2 INSURANCE FOR ENVIRONMENTAL DAMAGE COMPENSATION LIABILITY Article 31. Buyers of insurance for environmental damage compensation liability 1. Organizations and individuals canying out the following service, business and production activities shall buy insurance for environmental damage compensation liability or set up risk provision funds under law: a/ Oil and gas activities including prospecting, exploration, mine development and exploitation, including also activities directly serving these activities; b/ Chemical, oil and gas production and business; c/ Use of specialized seagoing ships for tt·anspo1tation of pett-oleum, pett-oleum products or other dangerous goods when operating in po1t waters and seas of Vietnam; © Vietnam Law and Legal F 01um 20 OFFICIAL GAZETTE Issue nos 06-07/March 2015 cl/ Storage, transpo1tation and treatment of hazardous waste; transpo1iation of dangerous goods. 2. Based on the type, scale, characteristics and location of operation, the Ministry ofNatural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and other relevant agencies in, making a list of establishments obliged to buy insurance for environmental damage compensation liability; and stipulating the minimum liability for each establishment. 3. The Minishy of Finance shall assume the prime responsibility for, and coordinate with the Minishy of Natural Resources and Environment in, stipulating in detail the setting up of risk provision funds. Article 32. Object of insurance 1. The object of insurance for environmental damage compensation liability is the liability of insurance buyers for costs arisen to pe1fo1m the enviromnental damage compensation liability in the following cases: a/ The water enviromnent used for the purposes of conservation, daily-life activities, ente1iainment, production and other purposes is polluted, severely polluted or paiticularly severely polluted; b/ The soil environment used for the pmpose of conse1vation, daily-life activities, ente1tainment, production and other purposes is polluted, severely polluted or paiticulai·ly severely polluted; c/ The natural ecosystem which belongs or does not belong to a nature conse1vation zone is degraded; cl/ Endangered, precious and rare species which enjoy prioritized protection under law are killed or wounded. 2. The environmental scope affected shall be dete1mined depending on the type, scale, characteristics and location of operation of liability insurance buyers. Section 3 HANDLING OF SERIOUSLY POLLUTING ESTABLISHMENTS Article 33. Principles and grounds to detennine seriously polluting establishments 1. Polluting or seriously polluting establishments shall be dete1mined objectively, equally and lawfully and based on the environmental national technical regulations and seriousness of acts of violation causing enviromnental pollution, including: a/ Acts of discharging wastewater, gas emissions and dust in excess of the enviromnental national technical regulations; b/ Acts of causing noise and vibration in excess of the environmental national technical regulations; cl Acts of improperly bmying or dischai·ging into the soil or water enviromnent pollutants in solid, liquid or muddy fo1m which makes the soil, water or air environment exceed the national technical regulations on smrnunding environmental quality. 2. Factors for dete1mining the seriousness of violation of polluting acts: a/ For the acts specified at Point a, Clause 1 of this Alticle, these factors include volume of wastewater, gas emissions and dust from an establishment; number of times in excess of the environmental national technical regulations of the specific enviromnental pai·ameters and number of specific environmental pai·ameters exceeding the national technical regulation on wastes existing in wastewater, gas e1nissions and dust from an establishment; © Vietnam Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 21 bl For the acts specified at Point b, Clause 1 of this Al.tide, these factors include number of times in excess of the national technical regulations on noise and vibration; affected subjects; point of time and location of such acts; c/ For the acts specified at Point c, Clause 1 of this Alticle, these factors include number of times in excess of the national technical regulations on quality of smface water, ground water, seawater, smrn1mding air and the soil environment of the environmental parameters caused by such acts. 3. The environmental parameters exceeding the environmental national technical regulations shall be dete1mined on the basis of results of observation of such environmental parameters against the co1Tesponding environmental national technical regulations. The observation shall be can-ied out by a unit possessing a certificate of eligibility to provide environmental observation services. 4. The Ministry ofN atural Resources and Environment shall stipulate c11te11a for dete1mining se11ously polluting establishments. Article 34. The list of seriously polluting establishments and pollution h'eatment measures 1. After being administr·atively sanctioned, a se11ously polluting establishment shall be listed together with its pollution treatment measures and the time limit for implementation, except cases subject to suspension or ban from operation. 2. Pollution tr·eatment measures for a listed seriously polluting establishment must include: a/ Relocation to a place conf01mable with planning and the load capacity of the environment; b/ Improvement, upgrading or constrnction of the waste treatment system up to national technical regulations on environment; c/ Environmental improvement and rehabilitation in the polluted area. 3. While taking its pollution treatment measures, a seriously polluting establishment shall take approp11ate pollution reduction measures which shall be dete1mined in the list of seriously polluting establishments. 4. The Ministry of Natural Resources and Environment shall guide the examination, result evaluation and ce1tification of completion of resolute pollution treatment measures at se11ously polluting establishments; and assume the prime responsibility for inspecting and examining the resolute handling of seriously polluting establishments nationwide. Article 35. Order and procedures to decide on the list of seriously polluting establishments 1. The agency with enviromnental protection inspection and examination fi.mctions shall send to the provincial-level Natural Resources and Environment Department inspection or examination results and related dossiers within 5 days after issuing a notice of inspection or examination conclusions (except establishments inspected or examined by the Ministry of National Defense or the Ministry of Public Security). 2. Within 30 days after receiving enviromnental protection inspection or examination results and expertise solicitation results of competent state agencies and based on criteria for classification of seriously polluting establishments, the provincial-level Natural Resources and Enviromnent Depa1tment shall make a list of seriously polluting establishments in its locality and report it to the provincial-level People's Committee and the Ministry of Natural Resources and Enviromnent and concuITently send this list to related ministi-ies and sectors. 3. Within 20 days after receiving the provincial-level Natural Resources and Enviromnent Depa1tment's repo1t, the provincial-level People's Committee shall summarize the list of seriously polluting establishments in its locality and report this list and related dossiers to the Ministry of Natural Resources and Enviromnent for review, summa1-ization and repo1ting to the P1-ime Minister; for an establishment 1mder the management of a ministry or sector, it shall consult that ministry or sector before listing such establishment. © Vietnam Law and Legal F 01um 22 OFFICIAL GAZETTE Issue nos 06-07/March 2015 4. Within 30 days after the issuance of environmental protection examination or inspection conclusions and expe1tise solicitation results and based on criteria for classification of seriously polluting establishments, the professional environmental protection agency of the Ministry of National Defense or the Ministty of Public Secmity shall make a list of seriously polluting establishments in the defense or security sector, repo1t it to the Minister of National Defense or the Minister of Public Security and concmTently send this list to the Ministty of Natural Resources and Enviromnent for monitoring. 5. Within 20 days after receiving the professional enviromnental protection agency's rep01t, the Ministty of National Defense or the Ministty of Public Security shall send the list of seriously polluting establishments under its management and related dossiers to the Ministty of Natural Resources and Enviromnent for review, summarization and repo1ting to the Prime Minister. 6. Within 30 days after receiving repo1ts of provincial-level People's Committees, the Ministly of National Defense and the Ministiy of Public Security and based on its inspection and expe1tise solicitation results, the Ministty of Natural Resources and Environment shall review, summarize and repo1t to the Prime Minister, or approve under the authorization of the Prime Minister, the list of seriously polluting establishments. 7. The list of seriously polluting establishments shall be accompanied with the handling measures prescribed in Clause 2, Atticle 34 of this Decree. Article 36. Publicity of the list of seriously polluting establishments and pollution ti·eatinent measures 1. Five days after being approved, the list of seriously polluting establishments and pollution tt·eatment measures shall be sent to the Ministty of Natural Resources and Enviromnent, line ministt-ies and provincial-level People 's Committees oflocalities where establishments cany out seriously polluting activities. 2. After receiving the competent state agency's approval decision, the Ministty of Natural Resources and Environment shall publish infonnation on seriously polluting establishments on its website and the website of the Vietnam EnvironmentAdministl'ation until those establishments are ce1tifi.ed to have completed pollution ti·eatment measures. 3. After receiving the competent state agency's approval decision, the provincial-level People 's Committee shall publish infonnation on seriously polluting establishments in its locality on its website and in the mass media until those establishments are ce1tified to have completed pollution treatment measures and concunently notify the competent state agency's decision approving the list of se11ously polluting establishments to distt-ict-level People's Committees of localities where these establishments cany out seriously polluting activities. 4. After receiving the competent state agency's approval decision, the disti·ict-level People's Committee shall: a/ Publish on its website info1mation on se11ously polluting establishments operating in the locality which are required to take pollution tl'eatment measures under the competent state agency's decision until those establishments are ce1tifi.ed to have completed pollution treatment measures; and concunently notify the competent state agency's decision approving the list of seriously polluting establishments to commune-level People's Committees of localities where these establishments cany out se11ously polluting activities; b/ Regularly provide info1mation in the local public-address system on se11ously polluting establishments required to take pollution ti·eatment measures under the competent state agency's decision. © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 23 5. After receiving the competent state agency's approval decision, the commune-level People's Committee shall: a/ Post up at its office inf01mation on seriously polluting establishments operating in the locality which are required to take pollution treatment measures under the competent state agency's decision; b/ Notify seriously polluting establishments operating in the locality required to take pollution treatment measures under the competent state agency's decision to hamlets, villages and street quarters and equivalent and socio-political organizations of the commune for coordinated supervision of implementation. Chapter VII INCENTIVES AND SUPPORTS FOR ENVIRONMENTAL PROTECTION ACTM TIES Article 37. Principles of providing incentives and suppo1ts 1. The State shall provide land- and capital-related incentives and supports; exempt and reduce taxes for environmental protection activities; subsidize prices and support sale of products created from environmental protection activities and provide other incentives and supports for environmental protection activities. 2. Organizations and individuals that cany out different enviromnental protection activities entitled to incentives and supports may enjoy incentives and supports co1Tesponding to those activities in accordance with this Decree. 3. Those canying out environmental protection activities entitled to incentives and suppo1ts prescribed by this Decree and other legal documents may enjoy incentives and supports under the legal document with higher incentives and suppo1ts. 4. In case a newly promulgated law or policy which prescribes higher incentives and suppo1ts than those ah-eady enjoyed by investors under this Decree, investors may enjoy incentives and suppo1ts under the new regulation. The Ministiy of Planning and Investment shall assume the prime responsibility for, and coordinate with the Minishy of Finance and the Ministiy of Natural Resources and Environment in, guiding the order and procedures to appraise and approve incentives and suppo1ts for investment projects in accordance with this Decree. 5. The level and scope of incentives and suppo1ts for enviromnental protection activities shall be adjusted in line with the environmental protection policy in each period. Article 38. Beneficiaries of incentives and supports 1. Beneficiaries of incentives and supports include organizations and individuals engaged in enviromnental protection work inveshnent; and enviromnental protection production, business and service activities provided in Appendix III to this Decree. 2. Scientific and technological research and technology ti·ansfer in environmental protection are entitled to incentives and suppo1ts prescribed by the law on science and technology and technology ti·ansfer. 3. The Ministiy of Industiy and Trade shall assume the prime responsibility for, and coordinate with the Minishy of Natural Resources and Enviromnent in, defining other renewable energies in accordance with Clause 13, Appendix III to this Decree. Section 1 INFRASTRUCTURE AND LAND INCENTIVES AND SUPPORTS Article 39. Supports for infrastrncture consti11ction inveshnent © Vietnam Law and Legal F 01um 24 OFFICIAL GAZETTE Issue nos 06-07/March 2015 The investor of an environmental protection work construction project provided in Clause 1, 2 or 6 of Appendix ill to this Decree is entitled to suppo1ts for infrastructure constmction investment as follows: 1. The State shall prioritize the allocation of land attached to technical infrastmcture works or work items (roads, electricity, water supply and drainage, info1mation and communication, energy) available outside the project scope connected with the general technical infrastmct:ure system of the area. 2. In case the State cannot allocate land attached to technical infrastmct:ure works or work items available outside the project scope connected with the general technical infrastructure system of the area, the project investor is entitled to the policy as for investment supp01t for constrnction of infrastiuct:ure outside fences of industi·ial parks, exp01t-processing zones and hi-tech zones in accordance with the investment law. Article 40. Land rental incentives, supports for ground clearance and compensation 1. The investor of a project to build centi-alized residential wastewater ti·eatment systems provided in Clause 1, Appendix ill to this Decree, or to build centi·alized ordina1y solid waste ti·eatment establishments provided in Clause 2, Appendix ill to this Decree, is entitled to land rental incentives in accordance with the land law as for those in the sectors entitled to special investment incentives, and to state suppo1t for compensation and ground clearance money. An investor that has advanced compensation and ground clearance costs under an approved plan is entitled to deductions in accordance with the land law. 2. The investor of a project to build the works provided in Clause 4, 5, 9 or 10, Appendix ill to this Decree is entitled to land rental incentives in accordance with the land law as for those in the sectors entitled to special investment incentives. 3. An investor canying out investment activities to build production establishments provided in Clause 11, 12, 13 or 14, Appendix ill to this Decree is entitled to land rental incentives in accordance with the land law as for those in the sectors entitled to investment incentives. Article 41. Land-related financial incentives for seriously polluting establishments to be relocated 1. Seriously polluting establishments to be relocated (below refened to as establishments) that were allocated land by the State without land use levy payment or with land use levy payment before July 1, 2014 (before the effective date of the 2013 Land Law) or were lawfully ti·ansfened land use rights with the land use levy paid to the State or the amount paid for the ti·ansfened land use rights originated from the State may use all the money collected from the auction of land use rights and land-attached assets (after deducting costs for organizing the auction), record such money as state budget capital in accordance with law and use it to pay land use levy, land rental and costs for relocation and technological renewal and improvement and to implement investment projects at new production establishments. Those having their old production establishments recovered and used for public purpose are entitled to the State's provision of capital for payment of land use levy, relocation and technological renewal and improvement and implementation of investment projects at new production establishments conesponding to the value of land use rights and land-attached assets of those land lots at the market price at the time of recove1y. 2. Establishments that were allocated land by the State with land use levy payment before July 1, 2014, or rented land with lump-sum rental payment or were lawfully ti·ansfened land use rights with paid land use levy or money paid for the tl'ansfened land use rights not originated from the © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 25 state budget may change the use purpose for the land area at old establishments in conformity with the detailed land use planning, urban construction planning and mral residential point construction planning already approved by competent state agencies in accordance with the land law. Establishments that no longer use land may transfer the land use rights to others for use under planning for the remaining use period in accordance with the land law. Section 2 CAPITAL AND TAX INCENTIVES AND SUPPORTS Article 42. Investment capital mobilization incentives 1. Incentives from the Vietnam Environment Protection Fund, local enviromnental protection funds and other credit institutions: a/ Investors of projects on the activities specified in Clauses 1 and 2, Appendix III to this Decree that apply treatment technology with the rate of treated waste to be buried accounting for under 30% of the total collected solid waste may bonow loans with preferential interest rates not exceeding 50% of the State's investment credit interest rate announced by a competent agency at the time ofborrnwing and the total loan amount not exceeding 80% of the total work construction investment and receive priority in post-investment support or loan guarantee; b/ Investors of projects on the activities specified in Appendix III to this Decree other than those specified at Point a, Clause 1 of this Article may bonow loans with preferential interest rates not exceeding 50% of the State's investment credit interest rate announced by a competent agency at the time of bonowing and the total loan amount not exceeding 70% of the total work construction investment and receive priority in post-investment support or loan guarantee. 2. Incentives from the Vietnam Development Banlc Investors of projects on the activities specified in Appendix III to this Decree are entitled to investment credit incentives as for projects on the list of those entitled to investment credit loans as prescribed by cunent law. 3. In addition to the incentives specified in Clauses 1 and 2 of this Article, investors of projects on the activities specified in Clause 11, Appendix III to this Decree are entitled to state supp01t of 10% of the total capital invested in equipment for application of environmental protection inventions. 4. Investors of projects on the activities specified in Appendix III to this Decree other than the activities specified in Clauses 3 and 8, Appendix III to this Decree, which are projects under plans or strategies promulgated by the Prime Minister, the Government or the National Assembly and in the domains prescribed in the Law on Public Debt Management and its guiding documents, shall be given priority in consideration and use of official development assistance (ODA). 5. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the order and procedures for the investment capital support prescribed in Clause 3 of this Article. 6. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Natural Resources and Enviromnent in, guiding in detail the implementation of Clause 4 of this Article. 7. The Ministry of Natural Resources and Environment shall guide the lending and provide post-investment interest rate support and investment credit guarantee for projects bonowing loans from the Vietnam Environment Protection Fund. Provincial-level People's Collllnittees shall guide the lending and provide post-investment interest rate supp01t and investment credit guarantee for projects borrnwing loans from local environmental protection funds. © Vietnam Law and Legal F mum 26 OFFICIAL GAZETTE Issue nos 06-07/March 2015 Article 43. Enterprise income tax incentives Enterprises' incomes from the implementation of new investment projects specified in Clauses 1, 2, 4, 5, 6, 9 and 10, Appendix III to this Decree and new production projects specified in Clauses 11, 12, 13 and 14, Appendix III to this Decree are entitled to ente1prise income tax incentives as for those in the environmental protection sector as prescribed by the law on ente1prise income tax. Article 44. Import and expo1t duty incentives 1. Imported machine1y, means, devices and materials used for the activities specified in Clauses 10 and 14, Appendix III to this Decree are entitled to impo1t duty incentives as for those in the sectors entitled to special investment encouragement in accordance with the law on impo1t and exp01t duty. 2. The Ministiy of Finance shall stipulate the exemption and reduction of expo1t duty for the products specified in Clause 12, Appendix III to this Decree when they are exp01ted. 3. The Ministiy of Natural Resources and Environment shall guide in detail the list of products specified in Clause 12, Appendix III to this Decree. Article 45. Value-added tax incentives 1. Goods and services produced and ti·aded from environmental protection activities are subject to the value-added tax policy under the law on value-added tax. 2. The Prime Minister shall stipulate value-added tax incentives for a number of paiticular enviromnental protection products and services. Section 3 PRICE AND PRODUCT SALE SUPPORTS Article 46. Price subsidy for environmental protection products and services Investors canying out the following activities or supplying the following products that satisfy criteria of public-utility products and services ai·e entitled to price subsidy in accordance with the law on production and supply of public-utility products and services: 1. The activities specified in Clauses 2 and 9, Appendix III to this Decree, and background enviromnental monitoring activities specified in Clause 8, Appendix III to this Decree. 2. Products from the enviromnental protection activities specified in Clauses 12 and 13, Appendix III to this Decree. Article 47. Product sale supp01ts 1. Heads of state budget-funded agencies or units shall prioritize public procurement of the products specified in Clauses 12 and 13, Appendix III to this Decree upon their purchase of those products. The Minishy of Finance shall assume the prime responsibility for, and coordinate with the Ministiy of Natural Resources and Enviromnent in, developing the regulation on public procurement of enviromnent-friendly products as prescribed in this Clause. 2. Organizations and individuals shall prioritize the procurement of environment-friendly products under the guidance of the Ministiy of Natural Resources and Environment. Section 4 OTHER INCENTIVES AND SUPPORTS Article 48. Supp01ts for product promotion and waste so1ting at source © Vietnam Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 27 I. The State shall encourage organizations, individuals, enterprises and cooperatives to cany out the following activities: a/ Promoting products created from environmental protection activities, recovering and processing discarded products; b/ Producing and disseminating films and television programs on environmental protection in order to raise public awareness about environmental protection and use of environment-friendly products; c/ Providing free tools for people to sort domestic waste and discarded products at source. 2. Expenses for the activities specified in Clause I of this Article shall be accounted into production costs of organizations, individuals, enterprises and cooperatives. 3. The Ministiy of Finance shall assume the prime responsibility for, and coordinate with the Ministiy ofNatural Resources and Enviromnent and the Ministiy oflnfo1mation and Communications in, guiding the implementation of the policies prescribed in Clauses I and 2 of this Aiticle. Article 49. Enviromnental protection awards I. Once eve1y two years, the Ministiy of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministiy of Science and Technology, the Vietnam Chamber of Commerce and Industiy and Vietnam Television in, organizing the selection, awarding and honoring of organizations and individuals recording outstanding achievements in environmental protection and recove1y and processing of discarded products. 2. The Ministiy ofNatural Resources and Environment shall specify the strncture of awards and awarding criteria and procedures; and coordinate with the Ministiy of Finance in specifically setting the levels of spending for enviromnental protection awards. 3. Provincial-level People's Committees shall specify local enviromnental protection awards. 4. Funds for organizing and confening awards shall be taken from non-business funds for environment, the Vietnam Environment Protection Fund, donations from organizations and individuals and other lawful funding sources. Chapter VIII COMMUNITY PARTICIPATION IN ENVIRONMENTAL PROTECTION Article 50. Community representatives I. A community may select an organization or a person to represent it through its plenaiy meeting or to represent households in the community. 2. An organization or a person that agrees to represent a community shall cai1y out activities within the scope authorized by that community and take responsibility before the community and law for its/his/her activities. Article 51. Provision of enviromnental info1mation for communities I. Environmental info1mation which shall be provided periodically at least once a yeai· must include: a/ Legal documents on enviromnent; b/ Repo1ts on the cunent state of national and local environments; specialized enviromnental repo1ts made and announced by the state management agency of natural resources and enviromnent; c/ List of seriously polluting establishments and ai·eas where the environment is severely polluted and degraded; ai·eas at risk of environmental incidents made and announced by the state management agency of natural resources and environment; © Vietnam Law and Legal F 01um 28 OFFICIAL GAZETTE Issue nos 06-07/March 2015 cl/ List of and inf 01mation on waste sources, wastes likely to haim human health and the environment made and announced by the state management agency of natural resources and environment; dd/ Specialized environmental publications and print products, documents on environment for public info1mation and other relevant issues; e/ Results of inspection, examination and handling of violations committed by production, business and service establishments in residential areas; g/ Environmental protection activities of production, business and service establishments in residential areas; h/ Licenses related to the exploitation, use and protection of natural resources and enviromnent of production, business and service establishments in residential areas. 2. Enviromnental infonnation shall be provided in the following fo1ms: a/ Documents, print products, publications whose distribution addresses are published in the mass media; b/ Publishing on the official websites of the state management agency of natural resources and enviromnent; project investors; and owners of production, business and service establishments; c/ Posting up at production, business and service establishments; and offices of commune level People's Committees; cl/ Holding press conferences; dd/ Holding community meetings to provide inf 01mation; e/ Other fonns as prescribed by law. 3. The time for providing inf 01mation in the fonns prescribed at Points b and c, Clause 2 of this Alticle is at least 30 days. 4. Responsibility to provide environmental info1mation for communities: a/ The state management agency of natural resources and environment shall provide the info1mation specified at Points a through e, Clause 1 of this Alticle; b/ Production, business and service establishments shall provide the info1mation specified at Points g and h, Clause 1 of this Alticle. Article 52. Community consultation and supervision of environment 1. Before being decided, the following guidelines and policies of the State need community consultation of enviromnent: a/ Development of environmental protection strategies, master plans, plans, programs and schemes at national, regional, inter-regional and provincial levels; b/ Development of legal documents on enviromnental protection; c/ Dete1mination of enviromnental indicators under national, inter-regional, regional and provincial economic socio-economic development strategies, master plans and plans. 2. Before deciding on the guidelines and policies specified in Clause 1 of this Alticle, competent state management agencies shall consult communities about environmental issues through publishing draft documents on websites or in the mass media. 3. The state management agency of natural resources and enviromnent shall receive and process recommendations on environment from communities; give feedback to the latter on whether or not to take up those recommendations in the fo1ms specified in Clause 2, Alticle 51 of this Decree. © Vietnam Law and Legal F ornm lssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 29 4. The consultation about strategic environmental assessment and environmental impact assessment must comply with the law on strategic environmental assessment and environmental impact assessment. 5. The community supervision of public investment in environmental protection must comply with the law on public investment. Article 53. Evaluation of environmental protection results of production, business and service establishments 1. Community representatives have the right to participate in the evaluation of environmental protection results of the following subjects: a/ Project owners in the implementation of contents of approved environmental impact assessment reports and contents oflicenses related to the exploitation, use and protection of natural resources and enviromnent; b/ Organizations and individuals in the implementation of remedial measures under decisions on sanctioning of administrative violations in environmental protection; and the implementation of contents oflicenses related to the exploitation, use and protection of natural resources and environment; c/ Owners of production, business and service establishments in the implementation of environmental protection commitments or plans and contents oflicenses related to the exploitation, use and protection of natural resources and environment. 2. Evaluation contents: a/ Implementation of contents of licenses related to the exploitation, use and protection of natural resources and environment; b/ Implementation of enviromnental impact assessment repo1ts; enviromnental protection commitments; and environmental protection plans; c/ Implementation of remedial measures under decisions on sanctioning of adininistrative violations in environmental protection. 3. Based on environmental inf 01mation periodically provided by establishments, communities or their representatives shall evaluate the implementation of activities related to the evaluation contents specified in Clause 2 of this A1ticle according to the criteria of properly and fully implementing required contents. Community evaluation of environmental protection results serves as one of the grounds for awarding production, business and service establishments in environmental protection. Article 54. Fo1mation and implementation of community-based environmental protection models 1. The State shall encourage and adopt mechanisms and policies to supp01t communities to fo1m and implement community-based models for protection of natural resources and environment, sustainable development, conservation and rational use of natural resources and response to climate change. 2. Communities shall participate in the development of objectives, activity programs, supervision, evaluation of effectiveness of programs on protection of nature reserves and national parks; and pa1ticipate in the management and protection of nature reserves and national parks. 3. Communities have the right to take the initiative in developing and implementing community-based models for protection of natural resources and environment and join state management agencies of natural resources and environment in supervising and examining the management of nature reserves and national parks. ©Vietnam Law and Legal Forum 30 OFFICIAL GAZETTE Issue nos 06-07/March 2015 4. TI1e state management agency of natural resources and environment shall assume the prime responsibility for, and coordinate with and guide coillillunities in, developing COillilllmity-based envirnnmental protection and natural resource protection models and sustainable production and sale models; and promulgate incentive mechanisms for coillillunities to protect the environment, conserve and rationally use natural resources and apply sustainable production and sale models. Chapter IX IMPLEMENTATION PROVISIONS Article 55. Transitional provisions 1. Dossiers received before the effective date of this Decree by competent state agencies for settlement according to environment-related administrative procedures shall be processed in accordance with the law at the time of dossier receipt. 2. Environmental protection activities and products from environmental protection activities which have enjoyed incentives and supports under the Government's Decree No. 04/2009/ND CP of Janua1y 14, 2009, on incentives and suppo1ts for environmental protection activities, may enjoy incentives and suppo1ts for the remaining period. Those eligible for higher incentives and supports prescribed in this Decree are entitled to incentives and supports prescribed in this Decree. 3. Provincial-level People 's Coillillittees shall appraise and approve additional plans for enviromnental improvement and rehabilitation of enviromnental improvement and rehabilitation projects or schemes approved by provincial-level Natural Resources and Environment Depaitments or district-level People 's Committees before the effective date of this Decree. 4. Provincial-level People's Committees shall ce1tify the completion of plans or additional plans for environmental improvement and rehabilitation of environmental improvement and rehabilitation projects or schemes or additional projects or schemes on environmental improvement and rehabilitation approved by provincial-level Natural Resources and Environment Depaitments or district-level People 's Committees before the effective date of this Decree. 5. Projects, additional projects, schemes or additional schemes on enviromnental improvement and rehabilitation approved before the effective date of this Decree are not required to make a plan or an additional plan as guided in this Decree. 6. Organizations or individuals exploiting minerals that paid deposits before the effective date of the Prime Minister 's Decision No. 71/2008/QD-TTg of May 29, 2008, on payment of deposits for environmental improvement and rehabilitation for mining activities, but the contents of their plans for environmental improvement and rehabilitation do not comply with the contents of enviromnental improvement and rehabilitation plans prescribed in the 2014 Environmental Protection Law and this Decree shall re-make plans for environmental improvement and rehabilitation in accordance with this Decree and submit them to competent agencies for approval before December 31, 2016. Article 56. Effect 1. This Decree takes effect on April 1, 2015. 2. The following documents cease to be effective on the effective date of this Decree: a/ The Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of the Environmental Protection Law; b/ The Government's Decree No. 21/2008/ND-CP of Febmaiy 28, 2008, amending and supplementing a number of articles of Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of the Environmental Protection Law; © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 31 c/ The Government's Decree No. 04/2009/ND-CP of Janua1y 14, 2009, on incentives and suppo1ts for environmental protection activities; d/The Prime Minister's Decision No. 18/2013/QD-TT g of March 29, 2013, on environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation for mining activities. Article 57. Implementation responsibilities I . Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree; and review their promulgated legal documents which are contraiy to the Enviromnental Protection Law and this Decree for amendment and supplementation. 2. The Minister ofNatural Resources and Environment shall assume the prime responsibility for, and coordinate with ministers, heads of ministerial-level agencies, heads of gove1mnent-attached agencies and chairpersons of provincial-level People 's Committees in, guiding and examining the implementation of this Decree; and guiding the training and retraining in public infonnation about, and dissemination of the law on environmental protection. On behalf ofthe Government Prime Minister NGUYEN TAN DUNG Appendix I LIST OF BUSINESS LINES ENCOURAGED TO DEVELOP IN CRAFT VILLAGES (To the Government's Decree No. 19/2015/ND-CPofFebrua,y 14, 2015) No. Type of production Size I PRODUCTION OF CRAFTS AND FINE-ART No more than 10 employees/ ARTICLES OR DOMESTIC UTILITIES establishment I Rattan, bamboo and ivo1y bamboo weaving, weaving of fishing cages, baskets, coops and mats, water hyacinth weaving, jute weaving 2 Embroide1y, lacing, knitting, crochet 3 Coir matting, coir yam 4 Traditional bricks and tiles, potte1y, ea1then pigs, eaithen kilns, jai· casting 5 Fine a1t aiticles made from coconut and dried seashell 6 Conical hat, mat and broom making 7 Dried ground sticky rice ( com dep ), nipa palm weaving 8 Wooden clogs, m01tai·s, pestles, chopping boai·ds, chopsticks © Vietnam Law and Legal F 01um 32 OFFICIAL GAZETTE Issue nos 06-07/March 2015 9 Incense production 10 Fine art aiticles made from wood, lacquer and horn 11 Metals and gemstones 12 Silk reeling, weaving of cloth, silk, crape, linen and brocade 13 Folk painting, fishing nets, do paper, crape paper 14 Traditional musical instnunents 15 Vietnamese traditional medicine 16 Napping, net weaving, fine-tooth comb making 17 Charcoal burning 18 Traditional casting and blacksmithing for making Under 0.2 ton/day/ fanning tools and domestic utilities establishment 19 Stone fashioning No more than 10 employees/ establishment; no material sawing and splitting stages II REARING AND PLANTATION OF ORNAMENTAL No more than 10 employees/ CREATURES establishment III MANUAL PROCESSING AND PRESERVATION OF AGRICULTURAL, FOREST AND AQUATIC PRODUCTS FOR FOOD 1 Tea Under 0. 1 ton of product/day/ establishment 2 Dried meat, Chinese sausage Under 0. 1 ton of product/day/ establishment 3 Production of sugarcane, green young rice Under 0. 1 ton of product/day/ establishment 4 Traditional jam and confectione1y of Hanoi Under 0. 1 ton of product/day/ establishment 5 Manual production of fish sauce and soy sauce Under 500 liters of product/ day/establishment 6 Production of tofu, rice vemncelli, cake and cassava Under 0. 1 ton of product/day/ ve1micelli establishment 7 Liquor brewing Under 100 liters of product/ day/establishment 8 Processing of aquatic products Under 0. 1 ton of product/day/ establishment 9 Processing of stai·ch Under 0. 1 ton of product/day/ establishment © Vietnam Law and Legal F ornm l ssut> nos 06-07/Mai·ch 2015 OFFICIAL GAZETTE 33 Appendix II LIST OF PRODUCTION, BUSINESS AND SERVICE ESTABLISHMENTS SUBJECT TO CERTIFICATION OF THE ENVIRONMENT MANAGEMENT SYSTEM (To the Government 's Decree No. 19/2015/ND-CPofFebruary 14, 2015) No. Type of production, business and service Size/ capacity establishments 1 Establishments storing radioactive substances or In excess of the immunity discharging radioactive waste limit set by the law on radiation safety and control 2 Oil refineries, petrochemical plants; petroleum All exploitation establishments 3 Establishments producing basic chemicals, paint, Annual capacity of 10,000 p1inting ink, rnbber, pesticides, detergents, additives tons of product or higher and chemical fe1iilizer 4 Establishments exploiting rare eaiih, radioactive Annual capacity of 50,000 minerals; so1iing and emiching rare eaiih and tons of product or higher radioactive minerals 5 Ship breaking establishments All 6 Seapo1is Receiving ships with tonnage of 50,000 DWT or higher 7 Batte1y production establishments Annual capacity of 300,000 KWh or 600 tons of product or higher 8 Establishments exploiting solid minerals (including Annual capacity of 500,000 waste eaiih and rock, minerals) m3 of original exploitation or higher 9 Establishments processing and refining rai·e eaiih, Annual capacity of200,000 color metals and radioactive metals tons of product or higher 10 Pig-iron and steel refining establishments Annual capacity of200,000 tons of product or higher 11 Industrial pai·ks, expo1i-processing zones, hi- Area of 200 ha or larger tech zones, industrial clusters, tomist service and recreation zones, urban centers 12 Zones for recycling, treating, bmying and destroying All hazardous wastes collected from production, business and service establishments 13 Zones for recycling, treating, bmying and destroying Daily capacity of 250 tons or ordina1y solid wastes higher 14 Establishments operating centralized industrial Daily capacity of 5,000 m3 of wastewater treatment systems wastewater or higher © Vietnam Law and Legal F 01um 34 15 16 17 18 19 OFFICIAL GAZETTE Issue nos 06-07/March 2015 Aquatic product processing establishments Annual capacity of 5,000 tons of product or higher Cement plants Annual capacity of 1.2 million tons of product or higher Pulp mills Annual capacity of25,000 tons of product or higher Alcohol and liquor plants Annual capacity of 1 million liters of product or higher Beer and beverage plants Annual capacity of 50 million liters of product or higher Appendix III LIST OF ENVIRONMENTAL PROTECTION ACTIVITIES ENTITLED TO INCENTIVES AND SUPPORTS (To the Government:S- Decree No. 19/2015/ND-CP of February 14, 2015) 1. Centralized wastewater treatment with a designed capacity of 2,500 m3 of wastewater/ day or higher for urban areas of grade IV or higher. 2. Collection, transpo1tation and centralized treatment of ordina1y solid waste. 3. Treatment or co-treatment of hazardous waste. 4. Treatment and improvement of environmentally polluted zones in public areas. 5. Response to and tackling of oil spill, chemical and other environmental incidents. 6. Construction of environmental protection technical infrastr11cture in industrial parks and clusters and craft villages. 7. Relocation and transfo1mation of operation of seriously polluting establishments. 8. Enviromnental monitoring. 9. Cremation and electr·ic cremation services. 10. Enviromnental damage assessment; environmental health assessment; environmental assessment of goods, machine1y, equipment and technologies. 11. Production and application of environmental protection inventions protected by the State through granting patents for invention or patents for utility solutions. 12. Production of environment-friendly products with Vietnamese green labels issued by the Ministry ofNatural Resources and Environment; products from waste recycling and tr·eatment as ce1tified by competent state agencies. 13. Production of petrol, diesel fuel and bio-fuel ce1tified to be confo1mable with regulations; bio-coal; energy generated from wind power, sunlight, tide, geothe1mal heat and other fo1ms of renewable energy. 14. Production and impo1t of specialized machine1y, equipment and vehicles used directly for collecting, tr·anspo1ting and treating waste; enviromnental monitoring and analysis; production of renewable energy; treatment of enviromnental pollution; response to and tackling of environmental incidents. 15. Production, business and service activities of environment-friendly establishments eco-labeled by the Ministry of Natural Resources and Enviromnent. © Vietnam Law and Legal F ornm