Bgv THE 
GOVERNMENT  
 
No:            /2021/N D-CP 
DRAFT  
 SOCIALIST REPUBLIC OF VIETNAM  
Independence – Freedom - Happiness  
 
   Hanoi, dated  
DECREE  
Detailing  a number of articles of  the Law on Environmental Protection  
 
Pursuant to the Law on Government Organization dated June 19, 2015 ; 
Pursuant to the Law on amending and suppleme nting a number of articles 
of the Law on Government Organization and the Law on Organization of the 
Local  Governments dated November 22, 2019;   
Pursuant to the Law on Environmental Protection  dated November 17, 
2020;  
Pursuant to the Law on Public Investment dated June 13, 2019;  
Pursuant to the Law on Investment dated June 17, 2020;  
Pursuant to the Law on State Budget dated June 25, 2015;  
At the proposal of Minister of Natural Resources and Environment,  
The Government promulgates a Decree detailing a number of articles of 
the Law on Environmental Protection.  
 
 
Chapter I 
GENERAL PROVISION  
 
Article  1. Scope  
This Decree details Clause 4, Article 9; Clause 5 Article 13; Clause 4 
Article 14; Clause 4 Article 15; Clause 3, Article 20; Clause 4 Article 21; Clause 
4 Article 23; Clause 2 Article 24; Clause 3 Article 25; Clause 7 Article 28; Clause 
7 Article 33; Clau se 7 Article 37; Clause 6 Article 43; Clause 6 Article 44; Clause 
5, Article 46; Clause 8 Article 49; Clause 6 Article 51; Clause 4 Article 52; 
Clause 4 Article 53; Clause 5, Article 54; Clause 5 Article 55; Clause 7 Article 
56; Clause 3 Article 59; Clause  5 Article 61; Clause 1, Article 63; Clause 7 
Article 65; Clause 7 Article 67; Point d Clause 2 Article 69; Clause 2 Article 70; 
Clause 3, Article 71; Clause 8 Article 72; Clause 7 Article 73; Clause 4, Article 
78; Clause 3, Clause 4, Article 79; Clause 3 Article 80; Clause 5, Article 85; 
Clause 1, Article 86; Clause 1, Article 105; Clause 4, Article 110; Clause 7 2 
 
Article 111; Clause 7 Article 112; Clause 4, Article 114; Clause 3, Article 115; 
Point a, Clause 2, Article 116; Clause 7 Article 121; Clause 4, Article 131; Clause 
4, Article 132; Clause 4, Article 135; Clause 5, Article 137; Clause 5 Article 138; 
Clause 2 Article 140; Clause 5, Article 141; Clause 4, Article 142; Clause 3 
Article 143; Clause 5, Article 144; Clause 4, Article 145; Clause 7 Article  148; 
Clause 5, Article 149; Clause 5 Article 150; Clause 3, Article 151; Clause 4, 
Article 158; Clause 6 Article 160; Clause 4, Article 167; Clause 6, Article 171 of 
the Law on Environmental Protection on the protection of environmental 
components; enviro nmental zoning, strategic environmental assessment, 
environmental impact assessment; environmental license, environmental 
registration; environmental protection in production, business, service, urban, 
rural and a number of fields; waste management; respon sibility for recycling and 
handling discarded products and packages of producing or importing 
organizations and individuals; environmental monitoring; environmental 
information system and database; prevention and response to environmental 
incidents, compen sation for environmental damage; economic tools and resources 
for environmental protection; State management, inspection, inspection and 
provision of online public services on environmental protection.  
Article  2. Regulated entities  
The Decree applies to ag encies, organizations, residential communities, 
households and individuals that have activities related to the contents specified 
in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam. 
means Vietnam, including the mainland, isla nds, seas, subsoil and airspace.  
Article  3. Definitions  
In the Decree, the terms below shall be construed as follows:  
1. The rainwater collection and drainage system of production, business, 
and service founding includes a water collection and drainage network (pipes, 
manholes, culverts, canals, ditches, and reservoirs), water pumping stations, and 
drainage systems. rainwater and other ancillary works for the purpose of 
collecting, conveying, draining rainwater, and preventing flooding.  
2. The waste coll ection, treatment, and drainage system of production, 
business, and service founding including a network of wastewater collection 
(pipes, manholes, culverts), wastewater pumping stations, wastewater treatment 
plant, and other ancillary works for the purpos e of collecting, treating 
wastewater and draining after treating into the receiving environment.  
3. On -site waste treatment constructions and equipment are constructions 
and equipment that are manufactured, pre -assembled, or built on -site for waste 
treatme nt for large -scale production, business, and household -scale service 
establishment; parks, amusement parks, entertainment areas, business zones, 
concentrated services, markets, railway stations, bus stations, piers, harbors, 
ferry terminals, and other publ ic areas; households and individuals that generate 
wastewater and emissions in accordance with the Law on Environmental 3 
 
Protection.  
4. Cooling water is water serving the purpose of cooling equipment and 
machinery in the production process, not in direct co ntact with raw materials, 
materials, fuels, and chemicals used in the production stages.  
5. Self -disposal of waste is a waste treatment activity performed by a 
waste source owner in the premises of a waste -generating facility with 
environmental protection  items, production lines, or constructions that meet the 
requirements of environmental protection.  
6. Waste reuse is the reuse of waste directly or uses after it has been 
preliminarily processed.  
7. Waste recycling is the process of using technological solutions and 
techniques to recover valuable components from waste.  
8. Waste treatment is the process of using technological and technical 
solutions (other than preliminary processing) to reduce, remove, isolate, 
incinerate, destroy, bury waste and other h armful elements in waste.  
9. Wastewater is water with changed characteristics and properties 
discharged from production, business, service, daily life, or other activities.  
10. Ordinary solid waste is solid waste that is not on the list of hazardous 
wastes  or the list of industrial wastes subject to control with hazardous elements 
beyond the hazardous waste threshold.  
11. Domestic solid waste (also known as domestic waste) is solid waste 
generated in daily activities.  
12. Industrial waste is waste generated  from production, business, and 
service activities, which includes hazardous waste, industrial waste that must be 
controlled, and ordinary industrial solid waste.  
13. Microplastics in products and goods are solid, water -insoluble plastic 
particles with a d iameter of less than 05 mm with the main component being 
synthetic or semi -synthetic polymers, purposefully mixed in the products, goods 
include cosmetics, personal hygiene products, soaps, and other products used for 
polishing and cleaning.  
14. Single -use plastic products are products (except for products with 
irreplaceable attachments) including trays, food containers, bowls, chopsticks, 
glasses, cups, knives, chopsticks, spoons, forks, straws, other eating utensils 
with plastic components are designed an d marketed with the intention to be used 
once before being discharged into the environment.  
15. Non -biodegradable plastic packaging is packaging with the main 
component being polymers derived from petroleum such as Polymer Ethylene 
(PE), Polypropylene (PP) , Polymer Styrene (PS), Polymer Vinyl Chloride 
(PVC). , Polyethylene Terephthalate (PET) and is often difficult to decompose, 
long to decompose in the disposal environment (water environment, soil 4 
 
environment, or at solid waste landfills).  
16. Nature reser ves include national parks, nature reserves, species, and 
habitat conservation, and landscape protection zones established in areas with 
the provisions of the law on biodiversity, forestry, and seafood.  
17. Environmental goods are technologies, equipment, and products used 
for environmental protection.  
18. Environmental information system is an asynchronous system 
according to an overall architecture including people, machinery, equipment, 
techniques, data, and programs in charge of receiving, processing, s toring, and 
distributing information about the environment to users in a given environment.  
19. Wastewater discharge quota is a load of each pollutant parameter that 
can continue to be discharged into the water environment.  
20. Point pollution source means  a source of direct discharge of pollutants 
into the environment that must be treated and has a single nature and has a 
definite location.  
21. Area pollution source means a source of pollutant discharge into the 
environment, having a dispersed nature and h aving no definite location.  
22. Waste treatment service provider means an establishment that has 
waste treatment activities (including recycling and co -treatment activities) for 
households, individuals, agencies, and organizations. organizations, productio n, 
business and service founding, concentrated production, business and service 
zones, industrial clusters.  
Chapter  II 
PROTECTION OF ENVIRONMENTAL COMPONENTS AND 
NATURAL HERITAGE  
Section  1 
WATER ENVIRONMENT PROTECTION  
 
Article 4. Contents of surface water environment quality 
management plan  
The main content of the surface water quality management plan is 
specified in Clause 2, Article 9 of the Law on Environmental Protection. Some 
details are specified as follows:  
1. Regarding the assessment of surface water quality; determine the 
sanitary protection zone of the area where domestic water is taken, the corridor 
for protection of surface water sources; determine the aquatic area:  
a) Current status and evolution of surface water quality for rivers and 
lakes  for at least the last 3 years;  
b) Summarize the current status of protection zones, areas for domestic 5 
 
water intake, corridors for protection of surface water, and aquatic resources, 
which have been identified in accordance with the law on sanitary resour ces. 
2. Regarding the type and total amount of pollutants discharged into the 
surface water environment:  
a) Results of summarizing and evaluating a total load of each pollutant 
selected to evaluate the load -carrying capacity of the surface water environmen t 
from the point pollution sources, the area pollution sources that have been 
evaluated and evaluated. prices as prescribed at Point b, Clause 2, Article 9 of 
the Law on Environmental Protection;  
b) Forecasting the generation of pollutant loads from point pollution 
sources and area pollution sources during the period of the plan.  
3. Regarding assessment of load capacity, discharge zoning, wastewater 
discharge quota:  
a) Summarize the results of the assessment of the load capacity of the 
surface water environ ment on the basis of the results obtained within the last 03 
years and the results of additional investigation and assessment; determine the 
roadmap for the load -carrying capacity of the surface water environment during 
the implementation phase of the surf ace water environment quality management 
plan;  
b) Discharge zoning for the purpose of protecting and improving the 
quality of surface water environment based on the results of the assessment of 
load capacity of surface water environment and environmental z oning (if any);  
c) Determine the discharge quota for each river and lake section on the 
basis of the results of the assessment of the load capacity of the surface water 
environment and the zoning of the discharge.  6 
 
4. Forecasting the trend of changes in sur face water quality on the basis of 
the following contents:  
a) Forecasting the generation of pollutant loads from point and surface 
pollution sources in the next 5 years;  
b) Results of implementation of the contents specified in Clauses 1, 2, and 
3 of this Article.  
5. Regarding the goals and targets of the plan:  
a) Objectives and targets on surface water quality to be achieved for a 
period of 5 years for each river and lake section, based on practical needs for 
socio -economic development and environmental pr otection; water quality 
targets of rivers and lakes within the province must be consistent with the water 
quality objectives of inter -provincial rivers and lakes;  
b) Objectives and roadmap to reduce discharge into rivers and lakes that 
are no longer able t o bear the load in order to improve water quality, 
specifically: the total pollutant load to be reduced for each pollution parameter 
that the environment the surface water field is no longer able to bear the load; 
allocate the load to be reduced according to the group of pollution sources and 
the implementation schedule.  
6. Measures to prevent and minimize pollution of surface water 
environment; solutions for cooperation, information sharing, and cross -border 
surface water pollution management:  
a) Measures specified in Clause 2, Article 7 of the Law on Environmental 
Protection for river and lake sections that are no longer capable of carrying 
loads;  
b) Measures and solutions to protect sanitary protection zones, areas for 
domestic water intake, corridors for  protection of surface water and aquatic 
resources in accordance with the law on water resources;  
c) Measures and solutions on mechanisms and policies to implement the 
roadmap specified at Points a and b, Clause 4 of this Article;  
d) Measures and solutions  to control discharge sources into the surface 
water environment;  
dd) Establish a system of monitoring and warning of changes in surface 
water quality, including transboundary surface water quality, in line with the 
national environmental monitoring master  plan and important contents. 
environmental monitoring in regional and provincial planning;  
e) Measures and solutions for cooperation and information sharing on 
transboundary surface water quality;  
g) Other measures and solutions.  7 
 
7. Regarding solutions to  protect and improve the quality of surface water 
environment:  
a) Scientific and technological solutions to treat and improve the quality 
of surface water environment;  
b) Solutions on mechanisms and policies;  
c) Organizational solutions, mobilizing the par ticipation of agencies, 
organizations, and communities;  
d) Other structural and non -structural solutions.  
8. Implementation organization:  
a) Assign responsibilities to the agency in charge and agencies 
coordinating the implementation of the plan;  
b) Mechan ism for monitoring, reporting, and urging the implementation;  
c) A list of projects and prioritized tasks to achieve the objectives of the 
plan;  
d) Mechanism of resource allocation for implementation.  
 
Section  2 
AIR ENVIRONMENT PROTECTION  
 
Article 6. Contents of the national plan on air quality management  8 
 
The main contents of the national plan on air quality management are 
specified in Clause 3, Article 13 of the Law on Environmental Protection. Some 
details are specified as follows:  
1. Regarding the a ssessment of the management and control of air 
pollution at the national level; Identify the main causes of air pollution:  
a) Current status and evolution of national air quality over the last 3 years; 
total emissions causing air pollution and spatial dist ribution of emissions from 
point pollution sources, mobile pollution sources, and surface pollution sources; 
effects of air pollution on public health;  
b) Results of implementation of air quality monitoring programs, 
automatic and continuous monitoring sta tions for air quality and industrial 
emissions; the use of monitoring data for the assessment of changes and 
management of air quality in the last 3 years;  
c) Current status of national air quality management for at least the last 3 
years; inadequacies and  existing problems in the management of air quality;  
d) Identify the main causes of air pollution.  
2. Objectives of air quality management:  
a) Overall objective: to increase the effectiveness and efficiency of air 
quality management in accordance with the plan for socio -economic 
development and environmental protection according to the plan period;  
b) Specific objectives: quantification of targets to reduce the total 
emissions generated from the main emission sources; improve air quality.  
3. Tasks and solut ions for air quality management:  
a) Regarding mechanisms and policies;  
b) Regarding science and technology to improve the quality of the air 
environment;  
c) Regarding the management and control of air quality.  
4. Priority programs and projects to perform t he tasks and solutions 
specified in Clause 3 of this Article.  
5. Regulations on coordination and measures to manage inter -regional and 
inter-provincial air environment quality must fully show the contents and 
measures to coordinate in handling and managing  air quality; responsibilities of 
relevant agencies and organizations in inter -regional and inter -provincial air 
quality management, collecting, reporting, and disclosing information in case air 
quality is tarnished. infected.  
6. Organize the implementatio n of the national plan on -air environment 
quality management, including:  
a) Assign the responsibilities of the lead agency and the coordinating 9 
 
agencies in the implementation of the plan;  
b) Mechanism for monitoring, reporting, and urging the implementatio n; 
c) A list of priority programs and projects to perform the tasks and 
solutions of the plan;  
d) Mechanism of resource allocation for implementation.  
Article 7. Order and procedures for promulgating the national plan 
on air quality management  
1. The national plan on -air environment quality management is 
promulgated according to the following provisions:  
a) The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and coordinate with concerned ministries, ministerial -
level agencies, and provincial -level People's Committees in, organizing the 
formulation, approval, and implementation of projects on the investigation, 
assessment, and construction draft national plan on air quality management;  
b) The Ministry of Natural R esources and Environment shall send the 
draft national plan on air quality management to the People's Committee of the 
province and relevant ministries and ministerial -level agencies for comments in 
writing. copy; study, absorb and explain comments and sug gestions, complete 
the draft plan, and submit it to the Prime Minister for consideration and 
promulgation. A dossier to be submitted to the Prime Minister includes a report, 
draft plan, a draft decision on promulgation of the plan; summary report, 
explanat ion on acceptance of the draft plan; written comments from relevant 
agencies.  
2. The national plan on -air environment quality management must be 
consistent with the national environmental protection planning or with the 
requirements for state management of  environmental protection in the case of 
the national environmental protection master plan. has not been issued yet.  
3. The national plan on -air environment quality management is organized 
in accordance with the 5 -year socio -economic development plan. Befo re June 30 
of the fourth year of the medium -term public investment plan of the previous 
period, the agency accepts the plan shall direct the organization to review and 
evaluate the implementation of the plan of the previous period, develop and 
approve the plan. for the next period as a basic investment for a medium -term 
public investment plan.  
Article 8. Contents of provincial -level air quality management plan  
The main content of the provincial air quality management plan is 
specified in Clause 4, Article 1 3 of the Law on Environmental Protection. Some 
of the details are specified as follows:  
1. Regarding the assessment of air environment quality in the locality: the 
current status of air quality in urban areas, rural areas, and other areas.  10 
 
2. Regarding the  assessment of air quality management; air environment 
monitoring; identification and assessment of the main emission sources; 
emissions inventory; modeling air quality; current status and effectiveness of air 
quality management solutions being implemented ; status of monitoring 
programs and systems; synthesize, identify and evaluate the main emission 
sources (point pollution sources, mobile pollution sources, surface pollution 
sources); conduct an inventory of key emission sources and model air quality.  
3. Analysis and identification of causes of air pollution: objective causes 
from meteorological factors, weather, seasonal climate, inter -provincial, and 
transboundary pollution problems (if any) ); Subjective causes from socio -
economic development activities  give rise to sources of air pollution (point 
pollution sources, mobile pollution sources, surface pollution sources).  
4 Regarding the assessment of the effects of air pollution on public health: 
information and data on the number of cases caused by the ef fects of air 
pollution (if any); results of relevant the effects of air pollution on the health of 
local people.  
5. Objectives and scope of air quality management: current status and 
evolution of air quality, the current status of air quality management in  the 
locality.  
6. Tasks and solutions for air quality management:  
a) Regarding mechanisms and policies;  
b) Regarding science and technology to improve the quality of the air 
environment;  
c) Regarding the management and control of air quality.  
7. Organize t he implementation of the provincial air quality management 
plan, including:  
a) Assign the responsibilities of the lead agency and the coordinating 
agencies in the implementation of the plan;  
b) Mechanism for monitoring, reporting, and urging the implementa tion; 
c) Mechanism of resource allocation for implementation.  
8. Provincial -level People's Committees shall organize the formulation of 
provincial -level air quality management plans according to the technical 
guidance of the Ministry of Natural Resources a nd Environment.  
Article 9. Order and procedures for promulgating provincial -level air 
quality management plan  
1. Provincial -level air quality management plan is promulgated according 
to the following regulations:  
a) The provincial specialized environmental  protection agency shall 
assume the prime responsibility for, and coordinate with relevant departments, 11 
 
agencies, sectors, and district -level People's Committees in formulating, accept 
and implementing investigation and evaluation schemes, developing a dra ft plan 
on management of air quality at the provincial level;  
b) Provincial -level specialized environmental protection agencies shall 
send draft provincial -level air quality management plans to relevant 
departments, boards, branches, district -level People' s Committees, and 
specialized agencies. on environmental protection at the provincial level of 
neighboring provinces and centrally -run cities in case of necessity to collect 
opinions in writing; study, absorb and explain comments and suggestions, 
complete the draft plan, and submit it to the People's Committee of the province 
for consideration and promulgation.  
Dossiers submitted for the promulgation of provincial air quality 
management plan include report; draft plan; draft decision to promulgate the 
plan;  report on synthesis, explanation, acceptance, and completion of the draft 
plan; written comments from relevant agencies.  
2. The provincial air quality management plan must be consistent with the 
national environmental protection planning, the environmenta l protection 
contents in the regional planning, the provincial planning, or with the 
requirements of state management of air quality. environmental protection in 
case the national environmental protection planning, regional planning, 
provincial planning ha s not been promulgated.  
3. The provincial air quality management plan is formatted in accordance 
with the 5 -year socio -economic development plan. Before June 30 of the fourth 
year of the medium -term public investment plan of the previous period, the 
agency  accepts the plan shall direct the organization to review and evaluate the 
implementation of the plan of the previous period, develop and approve the plan. 
for the next period as a basic investment for a medium -term public investment 
plan.  
Article 10. Taki ng urgent measures in case the air quality is seriously 
polluted  
1. In case the air quality is seriously tarnished to an environmental 
incident, the response to the environmental incident shall comply with the 
provisions of Section 1, Chapter X of the Law on Environmental Protection.  
2. In case the air quality is seriously tarnished other than those specified in 
Clause 1 of this Article, the competent agency specified in Clauses 1 and 3, 
Article 14 of the Law on Environmental Protection shall direct the 
implementation. the following emergency measures:  
a) Limit, suspend, or adjust the operating time of production facilities that 
discharge dust and gas with large volume into the environment and are in the 
form of production that poses a risk of causing enviro nmental pollution;  
b) Limiting and channeling activities of road transport means;  12 
 
c) Suspend or adjust the working time of agencies, organizations, and 
schools;  
d) Temporarily suspending activities of gathering people outdoors.  
3. In case the air quality i s seriously tarnished on an inter -regional, inter -
provincial, or cross -border scale as prescribed at Point a, Clause 5 of this 
Article, the Ministry of Natural Resources and Environment shall report it to the 
Prime Minister to direct the implementation of emergency measures specified in 
Clause 2 of this Article. Provincial -level People's Committees are responsible 
for organizing the implementation of emergency measures in their respective 
areas under the direction of the Prime Minister.  
4. In case the air q uality is seriously tarnished within the province as 
prescribed at Point b, Clause 5 of this Article, the People's Committee of the 
province shall organize the implementation of measures specified in Clause 2 of 
this Article.  
5. The seriously tarnished air  environment is determined as follows:  
a) The air environment is seriously tarnished at inter -regional and inter -
provincial levels when the Vietnam Air Quality Index (VN_AQI) is valued at 
301 or higher on a daily basis according to monitoring results of na tional 
environmental monitoring stations or locality in the area of two or more 
contiguous provinces or centrally -run cities for a period of 03 consecutive days;  
b) The air environment is seriously tarnished at the provincial level when 
the Vietnam Air Quality Index (VN_AQI) has a value of 301 or higher per day 
according to monitoring results of national and local environmental monitoring 
stations. in the area for 3 consecutive days.  
Section  3 
LAND ENVIRONMENT PROTECTION  
 
Article 11. Responsibilities of agencies, organizations, residential 
communities, households and individuals in land environment protection  
1. The implementation of investment projects, founding, concentrated 
production, business and service zones, industrial clusters, and agricultural 
production activities must take measures to prevent and minimize adverse 
effects on the land environment, instruct that it does not pollute, or degrade the 
quality of the land, and does not lose or reduce the ability to use the land for the 
defined purposes . 
2. The conversion of rice -growing land to growing annual and perennial 
crops or growing rice in combination with aquaculture must ensure that the land 
does not pollute or degrade the land and comply with the law on land.  
3. The use of land for mineral ac tivities must ensure that it does not cause 13 
 
adverse effects on the landscape and environment, obstructing the flow; return 
the land in accordance with the ground state at the request of the land allocation 
or land lease agency in with the provisions of the  law on land.  
Article 12. Areas subject to investigation, assessment and 
classification of land environment quality  
1. Areas contaminated with chemicals during the war.  
2. Areas with concentrated production, business and service zones, 
industrial clusters,  chemical warehouses, plant protection drug warehouses, craft 
villages that have been closed or relocated.  
3. Areas with closed or relocated production facilities in one of the 
following categories: mining and processing of toxic minerals, metallic 
mineral s; mineral processing using harmful chemicals; production of cast iron, 
steel, metallurgy (except rolling, drawing, casting from raw materials); 
production of basic inorganic chemicals (except for industrial gases), inorganic 
fertilizers (except for mixing , extraction and packaging), chemical plant 
protection drugs (except for mixing and extraction); oil refinery; thermal power 
(except using gas, DO oil); recycle and treat domestic  solid waste, ordinary 
industrial solid waste, and hazardous waste; there is a stage of plating, cleaning 
metal surfaces with dangerous chemicals; manufactures batteries and 
accumulators.  
4. Areas contaminated with chemicals and pesticides.  
5. Other polluted areas decided by the provincial People's Committee.  
Article 13. Treatment,  improvement and restoration of land 
environment caused by organizations and individuals causing pollution  
1. Agencies, organizations, residential communities, households and 
individuals that cause land pollution are responsible for carrying out the 
prelim inary investigation and detailed investigation according to the provisions 
of Articles 15 and 16 of the Decree No. this regulation and measures to control 
the area of contaminated soil environment; formulate and implement a plan for 
handling, renovating an d rehabilitating the contaminated land according to the 
provisions of Article 17 of this Decree.  
2. The plan for treatment, reclamation and restoration and the results of 
the implementation of treatment, improvement and restoration of the land 
environment must be sent to the specialized environmental protection agency of 
the province for inspection and supervision.  
Article 14. Treatment, improvement and restoration of the land 
environment in areas of land pollution left behind by history or unidentified 
organizations or individuals causing pollution  
1. The specialized environmental protection agency of the province shall 
organize the investigation, preliminary assessment and detailed assessment of 14 
 
the contaminated land area left behind by the history or u nidentifiable 
organizations or individuals causing pollution. infection in the area as prescribed 
in Articles 15 and 16 of this Decree; develop a plan for environmental treatment, 
improvement, and restoration for the contaminated land area, and submit it t o 
the provincial People's Committee for approval. The plan for environmental 
treatment, renovation, and restoration shall comply with the provisions of 
Article 17 of this Decree.  
2. Provincial -level People's Committees shall approve projects on 
environment al treatment, renovation, and restoration of environmentally 
polluted land areas in the cases specified in Clause 1 of this Article in 
accordance with the Law on State Budget.  
3. The Ministry of National Defense and the Ministry of Public Security 
shall ap prove projects on environmental treatment, reclamation, and restoration 
of contaminated land areas that have been investigated, evaluated, and evaluated 
in detail according to the provisions of Articles 15 and Article 16 of this Decree.  
4. The Ministry of National Defense, the Ministry of Public Security, and 
the People's Committee of the province shall send to the Ministry of Natural 
Resources and Environment the results of environmental treatment, renovation, 
and restoration for the subjects specified in Clauses 2 and 3 of this Article.  
5. To encourage the diversification of capital sources for the treatment, 
improvement, and restoration of the land environment in accordance with the 
law. 
Article 15. Preliminary investigation and assessment of potentially  
contaminated land areas  15 
 
1. The preliminary investigation and assessment aim to determine the area 
likely to be polluted due to the concentration of pollutants exceeding the 
environmental technical regulations on soil quality, causes, and objects causing 
pollution. environment.  
2. Contents of preliminary investigation and assessment include:  
a) Summarize and review documents related to potentially contaminated 
areas;  
b) Site survey of potentially contaminated areas;  
c) Take samples, analyze samples to deter mine the content of pollutants, 
pollution sources, and preliminary assessment of pollution levels;  
d) Make a report on preliminary investigation and assessment results 
according to the form promulgated by the Minister of Natural Resources and 
Environment.  
3. Based on the results of preliminary investigation and assessment, the 
agency specified in Clause 4 of this Article is responsible for:  
a) Disclosure of information and detailed investigation and assessment in 
case pollutant concentrations exceed environ mental technical regulations on soil 
quality;  
b) Announcing the unpolluted area in case no pollutant with 
concentrations exceeding the environmental technical regulations on soil quality 
is detected.  
4. Responsibilities for preliminary investigation and as sessment:  
a) The Ministry of National Defense and the Ministry of Public Security 
shall direct the organization of preliminary investigation and assessment of 
contaminated land in defense and security land;  
b) Provincial -level People's Committees direct pr ovincial -level 
specialized environmental protection agencies to organize preliminary 
investigation and assessment of contaminated land areas left behind by history 
or unidentified organizations or individuals. causes of pollution in the area under 
manageme nt; 
c) Agencies, organizations, residential communities, households, and 
individuals that are allocated or leased land by the State in the subjects specified 
in Article 12 of this Decree shall have to conduct preliminary investigation and 
assessment of the  area. contaminated land.  
Article 16. Detailed investigation and assessment of contaminated 
land area  16 
 
1. The detailed investigation and assessment of the polluted area in order 
to determine the residual pollutants; residual pollution sources; pollution level, 
scale, and scope; Classification of contaminated areas.  
2. Detailed investigation and assessment contents include:  
a) Make a detailed plan for the actual field survey;  
b) Investigate, survey, and take detailed samples at the scene; analyze, 
evaluate  and identify residual pollutants, extent, scale, and scope of pollution;  
c) Develop a map of the polluted area with information on pollutants, 
pollution levels, and pollution scopes;  
d) Make a report on the results of detailed investigation and assessment  of 
the contaminated area, according to the form promulgated by the Minister of 
Natural Resources and Environment.  
3. Results of detailed investigation and assessment are the basis for 
determining responsibility for environmental reclamation and restoratio n of 
polluted areas; Classify the degree of pollution of the contaminated area.  
4. Responsibilities for detailed investigation and assessment:  
a) The Ministry of National Defense and the Ministry of Public Security 
shall direct the organization of detailed  investigation and assessment of areas 
that have conducted preliminary investigation and assessment according to their 
responsibilities but cannot identify polluters ; 
b) Provincial -level People's Committees shall direct provincial -level 
specialized agencie s in charge of environmental protection to organize detailed 
investigation and assessment of areas that have conducted preliminary 
investigation and assessment according to their responsibilities but fail to 
confirm identify polluting objects;  
c) Organizat ions and individuals identified as polluting objects shall have 
to organize detailed investigation and assessment of the polluted area according 
to the provisions of Clause 2 of this Article, report it to a specialized agency in 
charge of environmental pro tection. environmental protection at the provincial 
level for monitoring and inspection.  
Article 17. Environmental treatment, renovation and restoration  
1. The environmental treatment, improvement, and restoration of the 
contaminated land area shall be based on the plan for environmental treatment, 
improvement, and restoration.  
2. The main contents of the plan for environmental treatment, renovation, 
and restoration include:  
a) General information about the contaminated area;  
b) Results of investigation and assessment of the pollution level of the 
contaminated area;  17 
 
c) Select the method of on -site treatment or transport to the treatment site 
as prescribed;  
d) Works, technical measures, and technologies to reduce or eliminate 
residual pollutants in pollute d areas; comparison table of technical measures, 
together with analysis to select the optimal solution;  
dd) Roadmap and plan for implementation of the pollution treatment plan;  
e) Monitor and control during and after treatment.  
3. After completing the trea tment, improvement and restoration of the 
land environment, the subjects specified in Clause 1, Article 13 of this Decree 
are responsible for reporting the results to the specialized environmental 
protection agency of the province. treatment, improvement a nd restoration of the 
soil environment.  
4. For the contaminated land area left behind by history or unidentifiable 
polluting organizations or individuals, after completing the treatment, 
improvement, and restoration of the land environment, the People's Co mmittee 
at the provincial -level publishes or authorizes the provincial environmental 
protection agency to disclose information to the community on the results of 
treatment, rehabilitation, and restoration.  
5. The Minister of Natural Resources and Environme nt shall promulgate 
the form of the plan for environmental treatment, renovation, and restoration 
specified in Clause 2 of this Article.  
6. The Ministry of Agriculture and Rural Development is responsible for 
directing and guiding the implementation of sol utions and technical advances in 
agricultural production to protect, improve, restore and raise the fertility of 
agricultural land, prevent erosion, desertification, and desertification.  
Article 18. Plans for treatment, reclamation and restoration of areas  
with particularly serious land environment pollution  
1. The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and coordinate with concerned ministries, ministerial -
level agencies and provincial -level People's Committ ees in, formulating and 
submitting to the Prime Minister for promulgation a plan for handling, 
renovating and restoring restore areas with particularly serious soil 
environmental pollution as prescribed at Point c, Clause 1, Article 19 of the Law 
on Enviro nmental Protection; organize the implementation of the contents of the 
assigned plan; monitor, summarize and report to the Prime Minister the 
implementation of the plan.  
2. Contents of a plan to treat, renovate and restore areas with particularly 
serious soil environment pollution include:  
a) Overall assessment of the current state of soil environmental pollution; 
identify the main causes of land pollution; problems, shortcomings and causes in 18 
 
the management of soil environmental quality;  
b) Determine the overall and specific objectives of the plan to treat, 
renovate and restore areas of particularly serious environmental pollution, in line 
with the national 5 -year socio -economic development plan. family;  
c) Proposing tasks and solutions to handle, renovate  and restore areas of 
particularly seriously polluted land;  
d) Formulate priority programs and projects to perform tasks and 
solutions;  
d) Allocate funding sources to implement the plan;  
e) Organizing the implementation, including: responsibilities of the lead 
agency and coordinating agencies; mechanism for monitoring, reporting and 
urging the implementation; resource allocation mechanism.  
3. Based on the investigation results, periodically before December 25 of 
each year, the People's Committee of the prov ince, the Ministry of National 
Defense and the Ministry of Public Security shall summarize and report to the 
Ministry of Natural Resources and Environment on the list of areas of land with 
particularly serious environmental pollution according to the form prescribed by 
the Minister of Natural Resources and Environment.  
Section  4 
PROTECTION OF NATURAL HER ITAGE ENVIRONMENT  
 
Article 19. Criteria, order, procedures and competence for 
establishment and recognition of other natural heritages prescribed in the 
Law on Environmental Protection  
1. The establishment and recognition of the natural heritage specified at 
Point c, Clause 1, Article 20 of the Law on Environmental Protection shall be 
based on one of the criteria specified in Clause 2, Article 20 of the Law on 
Environmental Protection and assessed. according to the level of positive and 
meaningful influence on the community, local, national, regional, and global. 
Criteria for the number of specific natural heritage objects are specified in 
Clauses 2 and 3 of this Article.  
2. Biosphere reserve is an area that meets the criteria of having special 
biodiversity value to be conserved according to the provisions of Point b, Clause 
2, Article 20 of the Law on Environmental Protection and is detailed as follows:  
a) Th e area is a collection of ecosystems that are representative of a 
biogeographic region;  
b) Having clear boundaries to implement the management zoning as 
prescribed in this Decree and ensuring the implementation of activities, building, 
and piloting a model  combining biodiversity conservation, using ecosystem 
services, sustainable socio -economic development, support to promote scientific 19 
 
and technological research, propaganda, and education on environmental 
protection, nature conservation, and biodiversity.  
3. Geopark is an area that meets the criteria specified at Point c, Clause 2, 
Article 20 of the Law on Environmental Protection and is detailed as follows:  
a) Having clear and continuous geographical and administrative 
boundaries, which contain a collectio n of geological heritages of scientific, 
educational, and economic value;  
b) Having outstanding and unique features, demonstrating important 
geological processes in the evolutionary and development history of the Earth, 
and at the same time being the conve rgence of the values of nature, biodiversity, 
and nature. studied and studied, evaluated, conserved, exploited, and used in a 
holistic and sustainable manner.  
4. The order and procedures for establishment and recognition of other 
natural heritages are as  follows:  
a) Organize investigation and assessment of other natural heritage areas 
expected to be established;  
b) Develop a project on establishing natural heritage;  
c) Collect opinions from relevant agencies and organizations and consult 
the community on projects to establish natural heritage;  
For natural heritages whose boundaries are within an area of two or more 
provinces or centrally -run cities, the Ministry of Natural Resources and 
Environment shall organize consultations with ministries, ministeria l-level 
agencies, and the People's Committee of the relevant province;  
d) Organize the appraisal of project files for establishing natural heritage;  
dd) Complete the application file and submit it to the competent authority 
to issue a decision on recogniti on of the natural heritage.  
5. Responsibility for formulation and appraisal of establishment projects 
and other authority to recognize the natural heritage  
a) With regard to natural heritage at the provincial level as prescribed at 
Point a, Clause 4, Artic le 21 of this Decree:  
Provincial -level People's Committees shall organize the formulation of 
projects on the establishment, appraise and recognize provincial -level natural 
heritages in their respective management areas; encourage organizations, 
individuals , and communities to propose the establishment of a natural heritage 
according to the provisions of this point.  
Provincial -level People's Committee chairpersons shall establish a 
provincial -level appraisal council for natural heritage establishment project s, 
including representatives of the provincial -level People's Committee, relevant 
departments, agencies, and district -level People's Committees which have 20 
 
boundaries belonging to natural heritage and experts and scientists in related 
fields;  
b) With regard  to the national -level natural heritage as prescribed at Point 
b, Clause 4, Article 21 of this Decree:  
Provincial -level People's Committees shall organize the formulation of 
projects on the establishment of national natural heritages within their respectiv e 
management areas and send them to the Ministry of Natural Resources and 
Environment for appraisal and submission to the Prime Minister for recognition 
of natural heritage -granted at national level;  
The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for , and coordinate with the provincial -level People's 
Committees in, organizing the formulation of projects on the establishment, 
appraisal, and submission to the Prime Minister for approval and recognition of 
natural herit ages located in the area from 02 months onwards. provinces or 
centrally -run cities or higher or located on sea areas for which the administrative 
management responsibilities of the provincial -level People's Committees have 
not been determined;  
The appraisa l council consists of members who are representatives of the 
Ministry of Foreign Affairs, the Ministry of Culture, Sports and Tourism, the 
Ministry of Agriculture and Rural Development, relevant ministries and 
ministerial -level agencies, and representative s of the People’s Committee of the 
provinces and centrally -run cities with area boundaries to be nominated for 
natural heritage and a number of organizations, experts and scientists in related 
fields.  
6. Dossiers and contents of appraisal of other natural heritage 
establishment projects  
a) A dossier of appraisal of a project to establish a natural heritage 
includes: a report on a project to establish a natural heritage; written comments 
of relevant agencies for the project of establishing natural heritage; a written 
request for appraisal of a project to establish natural heritage;  
b) Contents of appraisal of projects for establishing natural heritage 
include degree of satisfaction of criteria for establishing natural heritage; 
geographical location, boundary, and area of natural heritage, natural heritage 
management zones; natural heritage management objectives; management 
contents and plans for environmental protection of natural heritage; management 
organization model; management resources and imp lementation of natural 
heritage management.  
7. The Ministry of Natural Resources and Environment shall issue forms 
of written request for appraisal and report on other natural heritage 
establishment projects; technical guidance on formulation and recogniti on of 
other natural heritages specified in this Article.  21 
 
Article 20. Order, procedures and competence to nominate for 
recognition of natural heritage recognized by international organizations  
1. The management board (if any) or the agency or organization assigned 
to manage the natural heritage compiles a dossier to request the international 
organization's recognition of the international title and submits it to the 
competent authority for consideration and appraisal. in accordance with the 
provisions of th is Article.  
The technical guidance, appraisal, and nomination for recognition of a 
natural heritage recognized by an international organization in accordance with 
the provisions of Clause 2, Article 31 of the Law on Cultural Heritage shall 
comply with the provisions of the law on cultural heritage.  
2. Organizing the appraisal and submission for approval of the policy of 
nominating a natural heritage recognized by an international organization:  
a) For natural heritage located in 01 province or centrally run city: the 
dossier shall be sent to the People's Committee of the province for consideration, 
and to the Ministry of Natural Resources and Environment to organize the 
appraisal.  
In case the natural heritage is located in the area of 02 or more provinces 
or centrally -run cities or located in the sea area where the administrative 
management responsibilities of the provincial -level People's Committees, 
management boards, or agencies have not been determined, The agency or 
organization assigned to manage the n atural heritage shall submit it to the 
Ministry of Natural Resources and Environment for appraisal after obtaining the 
written consent of the People's Committee of the province whose boundaries 
belong to the nominated natural heritage;  
b) The appraisal cou ncil is composed of members who are representatives 
of the Ministry of Foreign Affairs, the Ministry of Culture, Sports and Tourism, 
the Ministry of Agriculture and Rural Development, relevant ministries, 
ministerial -level agencies, and representatives of the Ministry of Agriculture and 
Rural Development. Provincial People's Committee where the natural heritage is 
nominated, representatives of a number of organizations, experts, and scientists 
in relevant fields;  
c) Contents of appraisal include: meeting th e criteria for natural heritage 
to be nominated for the international title; geographical location, boundary, and 
area of natural heritage, natural heritage zoning; natural heritage management 
objectives; management contents and plans for environmental p rotection of 
natural heritage; management organization model; resources to manage and 
organize the implementation of natural heritage management after being 
recognized;  
d) The Ministry of Natural Resources and Environment cooperates with 
the People's Commi ttee of the province to complete the dossier after the meeting 22 
 
of the Appraisal Council and submit it to the Prime Minister for approval of the 
policy of nominating an international organization to recognize the international 
title with natural heritage.  
3. After the policy is approved by the Prime Minister, the Ministry of 
Natural Resources and Environment shall coordinate with the Ministry of 
Foreign Affairs and the People's Committee of the province to complete and 
send the dossier of nomination for rec ognition according to regulations of 
international organizations.  
4. The Ministry of Natural Resources and Environment shall provide 
technical guidance on the nomination and recognition of international titles for 
Vietnam's natural heritage in accordance with regulations of international 
organizations; designate a focal point for information and communication with 
international organizations to provide guidance and technical support on 
management, environmental protection, nature conservation and biodivers ity for 
internationally recognized.  
Article 21. Investigation, assessment, management and 
environmental protection of natural heritage  
1. Natural heritage investigation and assessment includes investigation 
and assessment every 5 years and other investigation and evaluation activities in 
accordance with relevant laws. Periodic investigation and assessment include the 
following contents:  
a) Environmental developments and natural values to be protected and 
preserved according to the criteria for e stablishing and recognizing natural 
heritage;  
b) Socio -economic development activities have adverse impacts on the 
natural heritage environment; exploitation and use of natural heritage resources 
and ecosystem services;  
c) Activities to restore natural eco systems, protect and preserve the values 
of nature and biodiversity of natural heritage; implement solutions on 
environmental protection of natural heritage according to the provisions of law;  
d) Other contents as prescribed by relevant laws.  
2. The mana gement board or the agency or organization assigned to 
manage the natural heritage shall periodically investigate and evaluate the 
natural heritage according to the contents specified in Clause 1 of this Article; 
send a report to the People's Committee of the province having the natural 
heritage and update the results of the investigation and assessment according to 
the contents specified in Clause 1 of this Article into the national biodiversity 
database and the national biodiversity facilities. specialize d data in accordance 
with relevant laws.  
The Minister of Natural Resources and Environment shall issue the report 
form specified in this Clause.  23 
 
3. Based on the outstanding value of nature to be protected and preserved, 
natural heritages are classified int o the following groups and organized to 
manage and prioritize resources for environmental protection and nature 
conservation. and biodiversity according to the provisions of this Decree and 
relevant laws:  
a) The group of important ecological and natural la ndscape heritages 
includes: natural heritage established and recognized when meeting the criteria 
specified at Point a, Clause 2, Article 20 of the Law on Environmental 
Protection; landscape protection zones established under the law on biodiversity, 
fores try, and fisheries; scenic spots recognized as cultural heritage in accordance 
with the law on cultural heritage;  
b) The group of heritages in areas of high biodiversity, including natural 
heritages established and recognized when meeting the criteria spec ified at Point 
b, Clause 2, Article 20 of the Law on Environmental Protection; nature reserves 
and species and habitat conservation zones established according to the 
provisions of the law on biodiversity, forestry, and fisheries; biosphere reserve 
as pres cribed in Clause 2, Article 19 of this Decree;  
c) A typical group of geological and geomorphological heritages includes: 
natural heritages that are found when meeting the criteria specified at Point c, 
Clause 2, Article 20 of the Law on Environmental Protection, and geoparks as 
prescribed in Clause 2 of this Article. Clause 3, Article 19 of this Decree;  
d) A group of important ecological environmental heritages, including 
natural heritages when meeting the criteria specified at Point d, Clause 2, Artic le 
20 of the Law on Environmental Protection;  
dd) A group of natural heritage gardens, including natural heritage is 
established and recognized when meeting two or more of the criteria specified in 
Clause 2, Article 20 of the Law on Environmental Protectio n; national parks 
according to the provisions of the law on biodiversity, forestry, and fisheries.  
4. Based on the size of the area, the scope of influence, the meaning and 
importance of the values of nature to be protected and preserved, natural 
heritag e is classified as follows:  
a) Provincial -level natural heritage, including provincial -level nature 
reserve according to the provisions of the law on biodiversity, forestry, and 
fisheries; scenic spots that are a provincial -level relic in accordance with t he law 
on cultural heritage; important wetlands at the provincial level according to the 
provisions of the law on biodiversity; natural heritage specified in Article 19 of 
this Decree and having a positive, meaningful, valuable and important influence 
on e nvironmental protection, nature conservation and biodiversity in the 
locality;  
b) National -level natural heritage, including national -level nature reserve 
according to the provisions of the law on biodiversity, forestry, and fisheries; 24 
 
scenic spots that ar e a national -level relic in accordance with the law on cultural 
heritage; nationally important wetlands in accordance with the law on 
biodiversity; the natural heritage specified in Article 19 of this Decree and its 
positive, meaningful, valuable and impor tant influence on environmental 
protection, nature conservation, and national biodiversity;  
c) Special national -level natural heritage, including scenic spots that are a 
special national -level relics in accordance with the law on cultural heritage, 
world n atural heritage, biological reserve. world, the global geopark has been 
recognized by the United Nations Educational, Scientific and Cultural 
Organization (UNESCO); wetlands of international importance (the Ramsar 
site) recognized by the Secretariat of the  Convention on Wetlands (the Ramsar 
Convention); ASEAN heritage gardens are recognized by the ASEAN 
Secretariat and natural heritage sites are recognized by international 
organizations.  
5. The natural heritage location, area, and boundaries of the core zon e, 
buffer zone, and transition zone (if any) may be determined according to the 
following regulations:  
a) Core area is an area containing core values according to the criteria of 
establishing and recognizing natural heritage and effectively managed and 
protected, including nature reserve; protection zone I of scenic spots recognized 
as cultural heritage in accordance with the law on cultural heritage; areas with 
core values that need to be protected intact, preserving the pristine natural 
features of th e natural heritage specified in Articles 19 and 20 of this Decree.  
The functional zoning of nature reserves must comply with the provisions 
of the law on biodiversity, forestry, and fisheries;  
b) Buffer zone, including an area with value to be protected at  a lower 
level than the core zone of the natural heritage; protected area II of scenic spots 
recognized as cultural heritage according to the provisions of the law on cultural 
heritage; and the area adjacent to the boundary of the core zone has the effect of 
preventing and mitigating the negative impacts of socio -economic development 
activities outside the natural heritage on the core area of the natural heritage;  
c) The transition zone, including the areas associated with the buffer zone, 
where socio -economic development activities take place, should be controlled in 
order to be suitable and in harmony with the objectives of the establishment and 
recognition of natural heritage.  
6. The management and protection of the environment of natural heritage 
are prioritized using resources and comply with international treaties to which 
Vietnam has signed, relevant laws and regulations and the following provisions:  
a) Regulations on management and environmental protection plan:  
The management board or the agency o r organization assigned to manage 
the natural heritage shall elaborate, submit it to the People's Committee of the 25 
 
province for approval, and organize the implementation of the regulations on 
management and the plan on environmental protection of the natur al heritage. In 
case the natural heritage is located in the area of 02 or more provinces or 
centrally -run cities or located in the sea area where the administrative 
management responsibilities of the provincial -level People's Committees, 
management board s or agencies and organizations assigned to manage natural 
heritages shall develop management regulations and plans on environmental 
protection of natural heritages and submit them to the Ministry of Natural 
Resources and Environment for approval.  
With reg ard to the natural heritages specified at Point a, Clause 1, Article 
20 of the Law on Environmental Protection, which has regulations and plans on 
management before this Decree takes effect, the management board or agency or 
organization shall be assigned to manage the natural heritage shall be 
responsible for integrating and updating the contents as prescribed in this Decree 
into the regulations and plans in accordance with the law on biodiversity, 
forestry, fisheries, cultural heritage and submit to compe tent authorities for 
approval;  
b) The management board or the agency or organization assigned to 
manage the natural heritage must satisfy the criteria of environmental protection 
and management capacity, be responsible for organizing, mobilizing forces and  
resources, managing manage and protect the environment of natural heritage in 
accordance with the provisions of law, regulations and approved plans; to 
allocate resources from the state budget for activities of environmental 
management and protection of n atural heritage; organize the monitoring and 
timely prevention of acts of infringing upon natural heritage; organizing ticket 
sales, collection of entrance fees and services; manage and use revenue sources 
as prescribed by law; propaganda to raise awarenes s and participation of the 
community in the protection and management of natural heritage; participate in 
the management, association and supervision of investment activities, 
environmental protection, nature conservation, biodiversity in natural heritage 
areas; perform other tasks assigned by competent authorities.  
For the world biosphere reserve and global geopark located on a large 
area, with production areas and residential areas, the provincial People's 
Committees shall establish an interdisciplinary m anagement board and ensure 
operational force to manage and protect the environment, conserve nature and 
biodiversity according to the provisions of this Decree and relevant laws;  
c) The establishment of a management board or assignment of an agency 
or orga nization to manage the natural heritage in the case that the natural 
heritage is a nature reserve must comply with the provisions of the law on 
biodiversity, forestry, and biodiversity. industry and fisheries. The establishment 
of a management board or ass ignment of an agency or organization to 
management in case the natural heritage is a scenic spot shall comply with the 
law on cultural heritage.  26 
 
In case the natural heritage has nature reserves or scenic spots managed 
by different management boards or assi gned to different agencies and 
organizations for management, the provincial -level People's Committees shall 
decide to determine the arrangement or assign only a management board or an 
agency or organization that has the capacity and secures resources to ma nage 
that natural heritage.  
In case the natural heritage is located in the area of 02 or more provinces 
or centrally -run cities or is located in the sea where the administrative 
management responsibility of the provincial -level People's Committee has not  
been determined, the Ministry of Natural Resources and Environment shall 
reach an agreement with relevant ministries and ministerial -level agencies to 
submit to the Prime Minister for a decision on merger or assignment of a 
management board or assignment of an agency or organization to manage such 
natural heritage;  
d) The People's Committee of the province shall decide on the model of 
the management board or assign an agency or organization to manage the 
natural heritage located in the management area othe r than the case specified at 
Point c of this Clause. In case the natural heritage that is not specified at Point c 
of this Clause is located in the area of 02 provinces or centrally -run cities or 
more or is located in the sea where the administrative man agement 
responsibility of the People's Committee has not been determined yet, provincial 
people, the Ministry of Natural Resources and Environment shall submit to the 
Prime Minister for decision the management model or assign agencies or 
organizations to m anage such natural heritage;  
d) Encourage organizations, businesses, individuals, and communities to 
invest, establish, manage, use and develop sustainably natural heritage sites. The 
Ministry of Natural Resources and Environment shall evaluate and guide pilot 
models of socialization of the establishment, management, use, and sustainable 
development of natural heritage, and guide the formulation of regulations on 
heritage management. nature and develop a plan to protect the environment of 
natural heritage.  
8. Environmental protection for natural heritage shall comply with the 
following provisions:  
a) Production, business and service activities in the core zone of the 
natural heritage are controlled like those in a strictly protected area according to 
the re gulations on environmental zoning of the law on environmental protection; 
production, business, and service activities in the buffer zone of the natural 
heritage are controlled as in the emission -restricted zone according to the 
regulations on environmenta l zoning of the law on environmental protection;  
b) The natural ecosystems in the natural heritage must be prioritized to 
preserve and restore the natural status quo; contaminated or degraded natural 
heritage land and water environment must be rehabilitate d and restored;  27 
 
c) The core values of nature and biodiversity of the natural heritage must 
be protected and preserved intact; natural ecosystem services of natural heritage 
must be maintained, developed, and used sustainably;  
d) The specific geological, landscape, ecological, and biological 
indicators of the natural heritage must be investigated, evaluated, monitored, 
monitored, inventoried, and reported according to regulations;  
dd) Comply with other requirements on environmental protection, control 
of impacts on the environment, biodiversity of natural heritage as prescribed in 
this Decree, relevant laws and regulations. of international treaties on 
environment and biodiversity that Vietnam has signed.  
In the event of an urgent risk of seriously affectin g the natural heritage 
environment, the Ministry of Natural Resources and Environment shall submit it 
to the Prime Minister for consideration and decision on the application of urgent 
and temporary measures to limit environmental protection. limit the tota l 
amount of discharge into the natural heritage environment, clearly defining the 
application area and application time;  
e) The Ministry of Natural Resources and Environment and the People's 
Committee of the province shall organize the formulation and appr oval of 
projects on environmental restoration of polluted or degraded natural heritages 
in accordance with the law on state budget.  
9. Responsibilities for environmental management and protection of 
natural heritage are prescribed as follows:  
a) The Minist ry of Natural Resources and Environment shall assist the 
Government in the unified management and protection of the environment of 
natural heritage; elaborating, promulgating, and submitting to promulgate legal 
documents; organize the implementation, inspe ction, and examination of the 
observance of the law, and provide technical guidance on the management and 
protection of the environment of natural heritage;  
b) The People's Committee of the province shall uniformly manage and 
protect the environment of the  natural heritage in its management area; comply 
with regulations on management and environmental protection of natural 
heritage as prescribed in this Decree and relevant laws;  
c) The Ministry of Agriculture and Rural Development is responsible for 
organiz ing and guiding the implementation of requirements for the protection of 
natural heritage in forestry, fishery, and agricultural activities;  
d) The Ministry of Culture, Sports and Tourism is responsible for 
organizing and guiding the implementation of requ irements on protection of 
natural heritage in cultural, sports and tourist activities;  
dd) Ministries and ministerial -level agencies shall organize environmental 
protection of natural heritage in accordance with the law.  28 
 
Chapter  III 
ENVIRONMENTAL ZONING , STRATEGIC ENVIRONMENTAL 
ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, 
ENVIRONMENTAL LICENSE, ENVIRONMENTAL REGISTRATION  
Section  1 
ENVIRONMENTAL ZONING , STRATEGIC ENVIRONMENTAL 
ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT  
 
Article 22. General provisions on environmental zoning  
1. The environment in the whole country and the provinces and centrally -
run cities are classified into strictly protected zones, emission -limited zones, and 
other regions based on the criteria of environmental sensitivities and vulnera bility 
to the impact of environmental pollution with the goal of controlling the discharge 
of wastewater and gas emissions into the environment according to environmental 
zoning to ensure that there is no adverse impact on life and normal development 
of hu mans and animals.  
2. Strictly protected areas include:  
a) Concentrated residential areas in urban areas, including inner cities and 
inner cities of special urban centers, of classes I, II, and III according to the 
provisions of the law on urban classificat ion; 
b) The water source is used for domestic water supply purposes in 
accordance with the law on water resources;  
c) A nature reserve according to the provisions of the law on biodiversity, 
forestry, and fisheries;  
d) Protection zone 1 of the historical -cultural relic according to the 
provisions of the law on cultural heritage;  
dd) The core area of the natural heritage (if any) in accordance with the 
law on environmental protection.  29 
 
3. Emission -restricted zones include:  
a) Buffer zones of strictly protected areas specified in Clause 2 of this 
Article (if any);  
b) Important wetlands have been identified in accordance with the law;  
c) Concentrated residential areas in urban areas, including inner cities and 
inner cities of grade IV and V urban centers  according to the provisions of the 
law on urban classification; concentrated rural residential areas;  
d) Aquatic amusement park under the decision of the People's Committee 
of the province;  
dd) Areas with other sensitive environmental factors are vulnerab le to the 
impact of environmental pollution.  
4. Other regions are the remaining areas in the whole country and 
provinces and centrally -run cities.  
Article 23. Determination of strictly protected and restricted emission 
zones  
1. The determination of strict protection zones and emission -restricted 
zones in the national environmental protection planning is prescribed as follows:  
a) Investigate and assess in general the sensitive environmental factors 
that are vulnerable to the impact of environmental pollution  on a national scale;  
b) Targeting environmental protection for areas with environmentally 
sensitive factors that are vulnerable to the impact of environmental pollution on 
a national scale;  
c) Orientation on determining the location, size, and boundaries of strictly 
protected areas and restricted emission zones nationwide;  
d) Make directional maps to identify strictly protected areas and restricted 
emission zones nationwide.  
2. The determination of strictly protected areas and restricted emission 
zones in the provincial planning is prescribed as follows:  
a) Investigate and evaluate areas with sensitive environmental factors that 
are vulnerable to the impact of environmental pollution in their management 
areas;  
b) Determination of environmental protection ob jectives for areas with 
sensitive environmental factors that are vulnerable to the impact of 
environmental pollution in the management area;  
c) Determine the plan on location, size, and boundaries of strict protection 
zones and emission -restricted zones in  the management area, consistent with the 
orientations in the national environmental protection planning;  
d) Make a map of the plan to identify strictly protected areas and 30 
 
restricted emission zones in the management area.  
3. Provincial -level People's Committees shall issue decisions on 
determining the location and boundaries of strictly protected areas and emission -
restricted zones in their management areas already identified in the provincial 
planning in the planning period.  
4. Environmental protectio n requirements according to environmental 
zoning are specified as follows:  
a) The technical regulation on wastewater and exhaust gas stipulates the 
allowable limit values of pollutants in accordance with the protection 
requirements of the environmental z oning in the strictest direction for strictly 
protected areas; strictly for emission -restricted zones to ensure that they do not 
cause adverse impacts on the life and normal development of humans and 
organisms according to environmental zoning;  
b) New inve stment projects, expansion, or capacity increase in strictly 
protected areas and restricted emission zones must comply with environmental 
protection requirements specified at Point a of this Clause;  
c) Production, business, service establishments, means of  transport that 
fail to satisfy the requirements for environmental protection specified at Point a 
of this Clause must change the type of production, business, or service. 
renewing technology, implementing other environmental protection measures to 
ensure that the environmental protection requirements are met according to the 
environmental zoning, in case the environmental protection requirements cannot 
be met, the operation must be stopped or relocated, move out of the strictly 
protected area, the correspo nding emission restricted area.  
5. Provincial -level People's Committees shall promulgate the 
implementation roadmap for establishments, production, business, service, and 
means of transport facilities operating in strictly protected areas and already 
restricted emission zones. determined in the management area in accordance 
with the provisions of Clause 4 of this Article.  
Article 24. List of national and regional development strategies for 
sectors and fields, national sectoral master plans, and master plans  of 
technical and specialized nature requiring strategic environmental 
assessment.  
National and regional development strategies for sectors and fields, 
national sectoral master plans, and master plans of technical and specialized 
nature must carry out a st rategic environmental assessment as specified in 
Appendix 1 to this Appendix promulgated together with this Decree.  
Article 25. Environmental criteria and classification of investment 
projects  
1. The scale of an investment project is specified as follows:  31 
 
a) The scale of an investment project is classified according to the criteria 
prescribed by the law on public investment, including projects of national 
importance, group A, group B, and group C, except for the case specified at 
Point b, c, and d of this c lause;  
b) The scale of land -use area, land with a water surface of the project is 
classified into 03 types: large, medium, and small;  
c) The scale of use of the sea area is classified into 2 groups according to 
the competence to grant permits for sea dumpi ng, assignment of sea areas, and 
sea encroachment in accordance with the law on resources and environment of 
sea and islands;  
d) The scale of exploitation of natural resources is classified into 2 groups 
according to the competence to grant licenses for mineral exploitation, 
exploitation, and use of water resources according to the provisions of the law 
on minerals and water resources.  
2. The capacity of an investment project of the type of production, 
business or service with risks of causing environment al pollution specified in 
Appendix 2 to the Appendix to this Decree is determined in the application file. 
Investment project proposals, feasibility study reports, economic - technical 
reports or equivalent documents of projects are classified into 03 cate gories: 
large, medium and small.  
3. Types of production, business, and services include:  
a) The list of types of production, business, and services that pose a risk of 
causing environmental pollution is specified in Appendix 2 to the Appendix to 
this Decre e; 
b) Other types of production, business, or service that are not of the type 
of production, business or service that are likely to cause environmental 
pollution;  
4. The determination of a project with environmentally sensitive elements 
specified at Point  c, Clause 1, Article 28 of the Law on Environmental 
Protection is prescribed as follows:  
a) Projects in the form of production, business, and services that pose a 
risk of causing environmental pollution specified in Appendix 2 to the Appendix 
to this Decr ee located in the inner city or inner city of an urban area according to 
provisions of the law on urban classification;  
b) Projects that discharge wastewater into surface water sources used for 
domestic water supply purposes in accordance with the law on w ater resources;  
c) The project uses land, land with a water surface of the nature reserve in 
accordance with the provisions of the law on biodiversity, forestry, and 
fisheries; special -use forests, protection forests, and natural forests according to 
the p rovisions of the law on forestry; marine conservation zones and aquatic 32 
 
resources protection zones in accordance with the law on fisheries; Important 
wetlands and other natural heritages as prescribed in this Decree (except for 
investment projects on const ruction of infrastructure works in service of forest 
management and protection, conservation, forest fire -prevention, and fighting, 
silviculture in accordance with the law on forestry, important wetlands, and 
other natural heritage);  
d) Projects that use l and, land with a water surface of historical -cultural 
relics, scenic spots that have been ranked according to the provisions of the law 
on cultural heritage (except for projects on preservation and restoration of 
cultural heritages) renovating, restoring, and embellishing historical -cultural 
relics and scenic spots, building works in service of environmental sanitation 
and management and protecting historical -cultural relics and scenic spots. );  
dd) The project requires the change of land use purpose for we t rice 
cultivation from 02 crops or more according to the competence prescribed by the 
law on land;  
e) The project requires migration or resettlement according to its 
competence prescribed by the law on public investment, investment, and the law 
on constru ction.  
5. A detailed list of investment projects in groups I, II, and III is specified 
in Appendix 3, Appendix 4, and Appendix 5 to the Appendix issued together 
with this Decree. Based on the socio -economic development situation and 
practical conditions, t he Ministry of Natural Resources and Environment shall 
assume the prime responsibility for, and coordinate with other ministries and 
ministerial -level agencies in, summarizing and submitting to the Prime Minister 
for consideration and adjustment. supplemen t the detailed list of investment 
projects in groups I, II, and III specified in this Clause.  
Article 26. Consultation in environmental impact assessment   
1. Subjects of consultation:  
a) Population communities and individuals directly affected by 
environmental impacts caused by project activities, including residential 
communities, individuals living, producing, and doing business in the area land, 
water surface, land with the water surface, sea area occupied for project 
investment; residential com munities and individuals within the direct impact of 
wastewater, emissions, dust, noise, solid waste, and hazardous waste caused by 
the project; residential communities and individuals within the minimum 
distance to ensure environmental safety; communities  and individuals affected 
by subsidence, landslides, riverbank, and coastal sedimentation, biodiversity loss 
caused by the project; communities and other affected individuals, identified 
through the process of environmental impact assessment.  
The consultat ion with the population community and individuals directly 
affected is carried out in the form of consultation meetings;  33 
 
b) Agencies and organizations directly related to the investment project, 
including Commune -level People's Committee, commune -level Vie tnam 
Fatherland Front Committee where the project is implemented; Management 
board, an investor in construction and infrastructure business of concentrated 
production, business and service zones, industrial clusters where the project is 
located within the management boundaries; State agencies managing irrigation 
works, for projects that discharge wastewater into irrigation works or occupy 
irrigation works; State management agencies assigned to manage 
environmentally sensitive areas (if any); The Ministry of  National Defense, the 
Ministry of Public Security or the provincial -level Military Command, the 
provincial -level Public Security, for projects related to security - defense factors 
(if any).  
The consultation with agencies and organizations directly relate d to the 
investment project is carried out in the form of written consultation.  
2. Other consultation contents specified at Point dd, Clause 3, Article 33 
of the Law on Environmental Protection include plan for environmental 
reclamation and restoration for  mining or waste burying projects, compensation 
plan biodiversity for projects with a biodiversity compensation plan as 
prescribed by law.  
3. Form of consultation:  
a) Consultation through posting on the website:  
Before submitting to the competent authority  for appraisal of the 
environmental impact assessment report, the project owner must post 
information about the investment project and the environmental impact 
assessment report on the website of the competent authority. to decide on an 
environmental impac t assessment report within a period of at least 15 days, 
except for information classified as a state secret or enterprise secret as 
prescribed by law;  
b) Consultation by holding a meeting to collect opinions:  
The project owner shall assume the prime respo nsibility for, and 
coordinate with the commune -level People's Committee of the locality where the 
project is implemented, to post up the environmental impact assessment report at 
the headquarters of the commune -level People's Committee and notify the time 
and place of the meeting. consult and collect opinions of the subjects specified at 
Point a, Clause 1 of this Article at least 05 days before the meeting time.  
The project owner is responsible for presenting the contents of the 
environmental impact assessm ent report at the consultation meeting. Opinions of 
the participants in the meeting and the responses and commitments of the project 
owner must be fully and honestly expressed in the minutes of the public 
consultation meeting according to the form prescrib ed by the Minister of Natural 
Resources and Environment.  34 
 
c) Written consultation:  
The project owner shall send the environmental impact assessment report 
of the project to the entities specified at Point b, Clause 1 of this Article together 
with a written  consultation, made according to the form prescribed by the 
Minister of Natural Resources and Environment.  
Subjects receiving written consultations are responsible for providing 
written feedback according to the form prescribed by the Minister of Natural 
Resources and Environment within 15 days from the date of receipt of the 
consultation document. If there is no response within the specified time limit, it 
is considered to be in agreement with the consultation content.  
4. Responsibilities of investment project owners in the consultation:  
a) Post on the website and consult with the subjects specified in Clause 1 
of this Article, except for the case specified in Clause 5 of this Article;  
b) For investment projects involving the dumping of materials and 
substances in the sea; investment projects with a total wastewater volume of 
10,000 m3/day (24 hours) or more, directly discharging wastewater into inter -
provincial rivers, rivers bordering provinces or directly discharging wastewater 
into the coastal sea. th e project shall consult with the People's Committee of the 
province adjacent to the inter -provincial river, bordering the river, or coastal sea 
to coordinate in solving environmental problems in the region;  
c) For projects specified in Appendix 2 to the Ap pendix issued together 
with this Decree, with a wastewater volume discharged directly into the 
environment of 10,000 m3/day (24 hours) or more, or an exhaust gas flow rate 
of at least 10,000 m3/day (24 hours). from 200,000 m3/hour or more, the project 
owne r consults at least 05 experts and scientists related to the project's field of 
operation and environmental experts. For the remaining projects specified in 
Appendix 2 to the Appendix to this Decree, the project owner shall consult at 
least 03 experts and scientists related to the project's field of operation. and 
environmental experts;  
d) For projects at risk of sedimentation, erosion, or saltwater intrusion, the 
investment policy is decided by the National Assembly or the Prime Minister; 
projects involvin g the dumping of dredged materials and substances into the sea 
with a total volume of 5,000,000 m3 or more; projects with an industrial 
wastewater flow of 10,000 m3/day (24 hours) or more (except for cases of 
wastewater connection to the centralized wastew ater treatment system and 
wastewater of aquaculture projects) or emissions of 200,000 m3/hour or more, 
the project owner must consult a professional organization and have this 
organization confirm the accuracy of the data and calculation results of the 
applied model. ;  
dd) For construction investment projects implemented in the core zone of 
the natural heritage or using the land of the core zone, changing the land use 35 
 
purpose of the buffer zone of the natural heritage, the project owner must 
consult profess ional organizations on the results of the thematic assessment on 
the impact of the project implementation on nature and biodiversity;  
e) The project owner is responsible for honestly summarizing and fully 
expressing the opinions and recommendations of the consulted subjects; 
explaining the receipt of the results of consultation and completion of the 
environmental impact assessment report before submitting it to the competent 
authority for the appraisal; taking responsibility before law for the contents and 
results of the consultation in the environmental impact assessment report.  
5. Regulations on consultation for some special cases:  
a) For projects on construction of traffic infrastructure, 
telecommunications infrastructure, and inter -provincial and inter -district power 
transmission lines, the project owner only conducts consultations according to 
the provisions of Point a, Clause 3 of this Article. and consult in writing with the 
People's Committee of the province if the project is located in two or more 
provinces or the People's Committee of the district if the project is located in the 
area of two or more districts;  
b) For investment projects located on the sea or continental shelf for 
which the administrative management responsibilities of the commune -level 
People's Committees have not been determined, the project owner shall only 
conduct consultations according to the provisions of Point a, Clause 1 of this 
Article. 3 of this Article and consult in writing with the People's Committee of 
the province whe re the waste is received ashore of the project;  
c) For projects located in concentrated production, business and service 
zones, industrial clusters, the project owners only conduct consultations 
according to the provisions of Point a, Clause 3 of this Arti cle, and additional 
consultations with the Management Board. , the investor in the construction and 
business of infrastructure of such concentrated production, business, and service 
zones and industrial clusters.  
Article 27. Responsibilities of investment project owners in the 
process of finalizing the environmental impact assessment report after 
receiving a written request for amendment and supplementation; prepare 
and implement the project before operation in case of changes compared 
with the decision app roving the appraisal results of the environmental 
impact assessment report.  
1. Within a maximum period of 12 months from the date of receiving a 
written request for amendment and supplementation from the agency appraising 
the environmental impact assessment report, the investment project owner shall 
complete the impact assessment report and submit the environmental impact 
assessment report to the appraising agency. After this time limit, the appraisal of 
the environmental impact assessment report s hall comply with the provisions of 
Article 34 of the Law on Environmental Protection.  36 
 
2. During the preparation and implementation of an investment project 
before its operation, the owner of the investment project is responsible for 
carrying out an environ mental impact assessment when there are one or more 
changes compared to the approval decision. results of an appraisal of 
environmental impact assessment reports as prescribed at Point a, Clause 4, 
Article 37 of the Law on Environmental Protection and deta iled as follows:  
a) Increase the scale and capacity of the project to the point where it is 
necessary to carry out the procedures for approving the adjustment of 
investment policies or the procedures for adjusting the investment registration 
certificate ac cording to the provisions of the law on investment;  
b) Changing the project's production technology, which generates waste 
that exceeds the waste treatment capacity of environmental protection works 
compared with the plan in the decision approving the appr aisal report on an 
environmental impact assessment;  
c) Changing the project's waste treatment technology that is likely to have 
adverse effects on the environment compared with the plan in the decision 
approving the appraisal results of the environmental i mpact assessment report;  
d) Change of location for project implementation, except for investment 
projects in concentrated production, business, and service zones or industrial 
clusters where the location of project implementation is changed in accordance 
with zoning planning. functions of concentrated production, business, and 
service zones and industrial clusters approved by competent authorities;  
dd) Changing the location of direct discharge of treated wastewater into 
water sources with higher requirement s on discharge standards or changing the 
receiving source, leading to increased pollution, landslides, subsidence, change 
in the hydrological regime. Literature.  
3. To perform the responsibilities specified at Point b or Point c, Clause 4, 
Article 37 of th e Law on Environmental Protection.  
 
Section  2 
ENVIRONMENTAL LICENSE, ENVIRONMENTAL REGISTRATION  
 
Article 28. Main contents of the report requesting the grant of an 
environmental permit  
1. Main contents of a report on the proposal for an environmental permit 
for an investment project that has a decision on approval of the results of an 
appraisal of the environmental impact assessment report before it goes into trial 
operation, including:  
a) General information about the investment project: project name,  project 
owner; project implementation location; agencies that appraise construction 37 
 
designs, issue all kinds of permits related to the environment, approve projects; 
decide to approve the appraisal results of the project's environmental impact 
assessment report; change the text (if any); project implementation process; 
scale (classified according to criteria prescribed by the law on public 
investment), capacity, technology, products produced, amount of electricity, 
source and amount of water used, receivin g a source of wastewater, raw 
materials, fuel raw materials, materials, scrap, chemicals used and other 
information related to the project;  
b) Conformity of the investment project with the national environmental 
protection planning, provincial planning, en vironmental zoning, environmental 
load capacity (if any);  
c) Results of completion of works, environmental protection measures 
(works are handed over and accepted between the investor, contractor, and 
construction supervision unit in accordance with the la w on construction): works 
and equipment for collecting and treating wastewater, dust, and exhaust gases; 
works for storing and treating ordinary industrial solid waste, domestic  solid 
waste and hazardous waste; works, measures to reduce noise and vibration; 
works for prevention and response to environmental incidents and other 
environmental protection works. The main information includes scale, capacity, 
operating process; chemicals and biological products used for wastewater 
treatment; chemicals a nd catalysts used to treat dust and exhaust gases; systems 
of synchronous and integrated waste treatment equipment, automatic and 
continuous monitoring equipment (in case of installation) and other treatment 
equipment (attached to the equipment's CO/CQ); b asic specifications; applicable 
standards and regulations.  
For investment projects on concentrated solid waste treatment, hazardous 
waste must clearly state the works, equipment, and means of waste collection 
and treatment.  
For investment projects using sc rap imported from abroad as raw 
production materials, the production technology must be clearly stated; 
conditions of warehouses and storage yards; recycling equipment system; 
impurity treatment plan; scrap re -export plan.  
For investment projects involving  the discharge of wastewater into 
irrigation works, the observance of requirements on environmental protection 
for irrigation works must be clearly stated;  
d) Plan, schedule, and results of the implementation of the plan for 
environmental renovation and restoration, the plan for compensation for 
biodiversity (if any);  
dd) Propose changes compared with the decision approving the appraisal 
results of the environmental impact assessment report (if any) together with the 
environmental impact assessment from t his change;  38 
 
e) Contents of the application for an environmental permit are specified in 
Clause 2, Article 40 of the Law on Environmental Protection;  
g) Plan and estimated time for trial operation, together with waste 
monitoring plan to evaluate the efficie ncy in each treatment stage and waste 
treatment works (collective sampling and single); in case of mass processing 
works, equipment, or small -scale waste treatment works, only a single sample is 
taken for monitoring; plans to prevent and respond to environ mental incidents 
during trial operation and when the project is put into operation;  
h) Proposing contents of waste monitoring (automatically, continuously, 
and periodically) according to the provisions of law and other contents on 
environmental protection.  
2. Main contents of a report on the proposal for an environmental permit, for 
group II investment projects that are not subject to environmental impact assessment, 
include:  
a) General information about the investment project: project name, project 
owner; project implementation location; agencies that appraise construction designs, 
grant environmental -related permits, approve projects; scale (classified according to 
criteria prescribed by the law on public investment), capacity, technology, products 
produce d, amount of electricity, source and amount of water used, receiving a source 
of wastewater, raw materials, fuel raw materials, materials, scrap, chemicals used 
and other information related to the project;  
b) Conformity of the investment project with the national environmental 
protection planning, provincial planning, environmental zoning, environmental load 
capacity (if any);  
c) Assessment of the current environmental status of the place where the 
investment project is implemented (except for investment p rojects in concentrated 
production, business and service zones, and industrial clusters that are not required to 
be implemented); evaluate the selection of production technology, waste treatment 
technology, and other environmental protection works; assess and forecast impacts 
of waste, noise and vibration sources; assess and forecast the project's impacts on 
biodiversity, natural heritage, flows, landslides, sedimentation, saltwater intrusion, 
and society (if any);  
d) Proposing the plan, waste treatment mea sures together with explanation 
and construction design plan (basic design or construction drawing design for 
projects requiring only one -step design) of environmental protection works, 
items of waste treatment works, systems of synchronous and integrated waste 
treatment equipment, automatic and continuous monitoring equipment (for cases 
where installation is required) and other treatment equipment (together with 
CO/CQ, if any), plans for prevention and response to environmental incidents, 
waste storage fac ilities and related works and equipment; plan for construction, 
installation, operation, maintenance, management of waste discharge items and 
waste treatment works, together with cost estimates for construction of 39 
 
environmental protection works and impleme ntation of mitigation measures. 
adverse impact on the environment;  
dd) Specific environmental protection contents: For investment projects 
on mineral exploitation and waste burial, there must be a plan for environmental 
improvement and restoration in the p roposed report. For investment projects on 
the exploitation of sand, gravel, and other minerals on rivers, streams, canals, 
canals, reservoirs, and estuaries, and coastal areas, the proposed report must 
contain the content of impact assessment on the bed, banks, riverbanks, and 
currents as prescribed by law. For investment projects that cause loss or decline 
in biodiversity, the proposed report must include a biodiversity compensation 
plan. For investment projects that discharge wastewater into irrigation w orks, 
the proposed report must include impact assessment and environmental 
protection measures on water sources of irrigation works;  
e) Contents of the application for an environmental permit are specified in 
Clause 2, Article 40 of the Law on Environmenta l Protection;  
g) Plan and estimated time for trial operation, together with waste 
monitoring plan to evaluate the efficiency in each treatment stage and waste 
treatment works (collective sampling and single); in case of mass processing 
works, equipment, or  small -scale waste treatment works, only a single sample is 
taken for monitoring; plans to prevent and respond to environmental incidents 
during trial operation and when the project is put into operation;  
h) Proposing contents of waste monitoring (automati cally, continuously, 
and periodically) according to the provisions of law and other contents on 
environmental protection (if any).  
3. Main contents of the report on the proposal for issuance of 
environmental permits for establishments, concentrated production, business and 
service zones, and industrial clusters that are operating with environmental 
criteria equivalent to group projects I or group II includes:  
a) General information about establishments, concentrated production, 
business and service z ones, industrial clusters: name, address, location of 
implementation; documents on the appraisal of construction designs, types of 
permits related to the environment, project approval; decide to approve the 
appraisal results of the environmental impact ass essment report according to the 
provisions of Clause 2, Article 171 of the Law on Environmental Protection and 
the component environmental license (if any); scale (classified according to 
criteria prescribed by the law on public investment), capacity, tech nology, 
products produced, amount of electricity, source and amount of water used, 
receiving a source of wastewater, raw materials, fuel materials, materials, scrap, 
chemicals used, and other information relevant to the facility. For establishments 
that us e scrap imported from abroad as raw production materials, they must 
clearly state the production technology, conditions of warehouses and storage 
yards, the system of recycling equipment, the plan for treatment of impurities, 40 
 
and the method of production. the project of re -exporting scrap does not meet 
the standards;  
b) Conformity of establishments, concentrated production, business and 
service zones, industrial clusters with national environmental protection 
planning, provincial planning, environmental zon ing, environmental load 
capacity (if any);  
c) Sources of waste generated, including size, volume, and type of solid 
waste; scale, flow, parameters of dust pollution, exhaust gas, noise, vibration; 
scale, flow, parameters of wastewater pollution, wastewater  receiving source; 
completed works and measures for environmental protection as specified at 
Point c, Clause 1 of this Article;  
d) Plan, schedule, and results of the implementation of the plan for 
environmental renovation and restoration, the plan for comp ensation for 
biodiversity (if any);  
dd) The application for an environmental permit is specified in Clause 2, 
Article 40 of the Law on Environmental Protection;  
e) Results of environmental monitoring in the preceding 02 years, for 
cases where waste monitor ing is required as prescribed; additional waste sample 
monitoring results under the guidance of the Ministry of Natural Resources and 
Environment;  
g) Results of inspection, inspection, and handling of environmental 
violations by the nearest competent state  agency, together with decisions and 
conclusions (if any);  
h) Proposing contents of waste monitoring (automatically, continuously, 
and periodically) according to the provisions of law and other contents on 
environmental protection (if any).  
4. Main content s of a report on the proposal for an environmental permit 
for a group III project include:  
a) General information about the investment project: project name, project 
owner; project implementation location; scale (classified according to criteria 
prescribed  by the law on public investment), capacity, technology, products 
produced, amount of electricity, source, and amount of water used, receiving a 
source of wastewater, raw materials, fuel raw materials, materials, scrap, 
chemicals used and other information  related to the project;  
b) Conformity of the investment project with the national environmental 
protection planning, provincial planning, environmental zoning, environmental 
load capacity (if any);  
c) A description of the current state of the environment where the 
investment project is implemented (except for investment projects in 
concentrated production, business and service zones, or industrial clusters that 41 
 
are not required to be implemented); description of the proposed production 
technology to be sel ected;  
d) Proposing the plan, waste treatment measures together with an 
explanation and construction design plan (basic design or construction drawing 
design for projects requiring only one -step design) of environmental protection 
works, items of waste tre atment works, systems of synchronous and integrated 
waste treatment equipment, automatic and continuous monitoring equipment 
(for cases where installation is required) and other treatment equipment 
(together with CO/CQ, if any), plans for prevention and re sponse to 
environmental incidents, waste storage facilities and related works and 
equipment; plans for construction, installation, operation, maintenance and 
management of waste discharge items and waste treatment works; measures to 
protect the environment  for water sources of irrigation works, for investment 
projects that discharge wastewater into irrigation works;  
dd) The application for an environmental permit is specified in Clause 2, 
Article 40 of the Law on Environmental Protection;  
e) Plan and estimated time for trial operation, together with the waste 
monitoring plan to evaluate the efficiency in each stage of treatment and also the 
waste treatment works as prescribed; plans for prevention and response to 
environmental incidents; propose conten ts of waste monitoring according to the 
provisions of law.  42 
 
5. The main contents of a report on the proposal for an environmental permit 
for an operating establishment with environmental criteria equivalent to a group III 
project include:  
a) General information about the establishment: name, address, location of 
implementation; relevant environmental records; scale (classified according to 
criteria prescribed by the law on public investment), capacity, technology, products 
produced, amount of electric ity, source and amount of water used, receiving a source 
of wastewater, raw materials, fuel raw materials, materials, scrap, chemicals used 
and other information relevant to the establishment;  
b) The facility's conformity with the national environmental pr otection 
planning, the provincial planning, the environmental zoning, the load capacity of the 
environment (if any);  
c) Sources of waste generated, including size, volume, and type of solid waste; 
scale, flow, parameters of dust pollution, exhaust gas, noi se, vibration; scale, flow, 
parameters of wastewater pollution, wastewater receiving source; completed works 
and measures for environmental protection as specified at Point c, Clause 1 of this 
Article;  
d) The application for an environmental permit is spec ified in Clause 2, 
Article 40 of the Law on Environmental Protection;  
dd) Results of environmental monitoring in the preceding year, for cases 
where waste monitoring is required as prescribed; additional waste sample 
monitoring results under the guidance o f the Ministry of Natural Resources and 
Environment; results of the inspection, inspection, and handling of environmental 
violations by the nearest competent state agency, together with decisions and 
conclusions (if any);  
e) Proposing the contents of waste  monitoring according to the provisions of 
law. 
6. The Minister of Natural Resources and Environment shall promulgate the 
form of the report requesting the grant of an environmental permit suitable for each 
subject specified in this Article.  
Article 29. Do ssier, order and procedures for grant of environmental 
permits  
Dossier, order, procedures and time limit for grant of environmental 
permits for investment projects, establishments, production, business, service 
centers, industrial clusters (hereinafter col lectively referred to as investment 
projects) investment, establishments) comply with the provisions of Article 43 
of the Law on Environmental Protection. Some specific contents are specified as 
follows:  
1. Other legal and technical documents specified at Point c, Clause 1, 
Article 43 of the Law on Environmental Protection are prescribed as follows:  43 
 
a) For investment projects that are not subject to environmental impact 
assessment: a copy of the feasibility study report or a document equivalent to the 
feasi bility study report of the investment project as prescribed. of the law on 
investment, public investment, investment under the model of public -private 
partnership, construction;  
b) For investment projects and establishments not specified at Point a of 
this Clause: the project owners and establishments are not required to submit 
other legal and technical documents in the application for an environmental 
permit.  
2. Owners of investment projects and establishments shall submit dossiers 
of application for envir onmental permits to the environmental permit -granting 
agencies and pay fees for assessment and grant of environmental permits as 
prescribed. In case the paid fee is insufficient or overpaid, the investment project 
owner or establishment shall make an addit ional payment or take it back 
according to the notice of the environmental licensing agency or an authorized 
agency within the time limit for environmental permit issuance.  
3. Within 05 days from the day on which the complete and valid 
application is received (except for the case specified in Clause 6 of this Article), 
the environmental licensing agency shall perform the following contents:  
a) Publish the contents of the report on the proposal for an environmental 
permit on the website of the licensing  agency or authorized agency, except for 
information classified as a state secret or enterprise secret under the law;  
b) Send a written consultation to the state management agency in charge 
of irrigation works (if wastewater is discharged into the irrigati on work), the 
investor in the construction and operation of infrastructure of the production and 
business zone, concentrated services, industrial clusters (if the investment 
project, the establishment is located in the concentrated production, business and  
service zone, such industrial cluster), unless the investment project has already 
been approved by the Decision of approving the appraisal results of the 
environmental impact assessment report and do not change the content related to 
wastewater discharge activities compared with the decision approving the 
appraisal results of the environmental impact assessment report. The agency or 
organization receiving comments shall reply in writing on the issuance of an 
environmental permit within 07 days from the dat e of receipt of the written 
opinion, except for the case specified in Clause 7 of this Article; If the above 
time limit is exceeded, there is no written reply, then it is considered to agree 
with the issuance of the environmental permit.  
For investment pro jects, establishments directly discharge at least 10,000 
m3/day (24 hours) of wastewater (except for equipment cooling water, 
aquaculture water) into inter -provincial rivers, lakes, rivers, and lakes adjacent 
to the border between provinces or directly dis charge wastewater into the coastal 
sea, the environmental licensing agency consults with the People's Committee of 44 
 
the adjacent province with an inter -provincial river, lake, river, lake, or sea. 
coastal areas of adjacent provinces to coordinate in solving  environmental 
protection issues in the area unless the investment project has already approved 
the results of an appraisal of the environmental impact assessment report and has 
not changed. change the content related to wastewater discharge activities 
compared with the decision approving the appraisal results of the environmental 
impact assessment report. The People's Committee of the province receiving 
comments shall reply in writing to the contents of the opinion collection within 
07 days from the date o f receipt of the written opinion collection, in case the 
above time limit is exceeded, there is no If there is a written reply, it will be 
considered as agreeing to the issuance of the environmental permit.  
For investment projects, the facility discharges directly into the 
environment at least 10,000 m3/day (24 hours) of wastewater (except for 
equipment cooling water, aquaculture water) or discharges dust and waste gas 
with a flow from 200,000 m3/hour or more, the environmental licensing agency 
shall consul t with a specialized organization on the accuracy of the pollutant 
dispersal model or environmental incident (if any), except for In case the 
investment project has already had a decision approving the appraisal results of 
the environmental impact assessme nt report and has not changed the contents 
related to the discharge of wastewater, dust and gas compared to the decision 
approving the results of environmental impact assessment reports. The consulted 
professional organization shall reply in writing on the  contents of the opinion 
polled within 20 days from the date of receipt of the written opinion;  
c) Except for the case specified in Clause 7 of this Article, the appraisal 
organization shall issue an environmental permit according to the following 
provisio ns: 
In case the investment project has a decision approving the results of an 
appraisal of the environmental impact assessment report, there is no content to 
use scrap imported from abroad as raw production materials or implementation 
content. hazardous wa ste treatment services, and in the case specified at Point b, 
Clause 4, Article 37 of the Law on Environmental Protection, the agency 
competent to grant environmental permits shall set up an appraisal council, not 
conduct a reality  check.  
In case the inve stment project has a decision on approval of the results of 
an appraisal of the environmental impact assessment report and does not fall into 
the case specified at Point b, Clause 4, Article 37 of the Law on Environmental 
Protection, the investment project  If using scrap imported from abroad as raw 
materials for production, investment projects provide hazardous waste treatment 
services, the agency competent to grant environmental permits shall set up a 
team to appraise and grant environmental permits,  not organize reality checks.  
In case the investment project is not subject to environmental impact 
assessment, the agency competent to grant environmental permits shall set up an 
appraisal council for cases falling within its competence to grant environmental 45 
 
permits of the Ministry of Natural Resources and Environment, the Ministry of 
Public Security, the Ministry of National Defense, the Provincial People's 
Committee; establish an appraisal team for cases falling under the authority to 
grant environmental per mits of the district -level People's Committees. The 
appraisal council and the appraisal team are responsible for organizing the actual 
survey in the area where the investment project is expected to be implemented.  
For cases where establishments, concentrat ed production, business and 
service establishments, industrial clusters are operating, the agency competent to 
grant environmental permits shall not set up an appraisal council or an appraisal 
team, but only establish an appraisal council or an appraisal t eam. set up an 
inspection team for cases falling under the environmental licensing authority of 
the Ministry of Natural Resources and Environment, the Ministry of Public 
Security, the Ministry of National Defense, and the provincial People's 
Committees; or ganize the actual inspection of the cases falling under the 
authority to grant environmental permits of the district -level People's 
Committees.  
The appraisal council has at least 07 members, for cases falling under the 
authority of the central authority to  issue environmental permits, and at least 5 
members, for cases falling under the environmental licensing competence of the 
People's Committees. provincial level. The appraisal team has at least 03 
members, of which the team leader is the representative of  the appraisal agency.  
The structure and composition of the Appraisal Council include 01 
chairmen; 01 vice -chairmen of the council in case of necessity; 01 secretary 
member; representatives of relevant agencies and organizations; representatives 
of state a gencies in charge of irrigation works, investors in infrastructure 
construction and trading of concentrated production, business and service zones, 
industrial clusters (if any); experts, cadres and civil servants in the field of 
environmental protection an d the field of operation of investment projects and 
establishments.  
Members of the appraisal council are responsible for studying the dossier 
of application for an environmental permit, writing comments and evaluations 
on the contents specified in Article 40 of the Law on Environmental Protection, 
and taking responsibility before the law for their comments and assessments.  
Experts involved in the elaboration of reports on a proposal for 
environmental licensing of investment projects, establishments are not allowed 
to participate in appraisal councils, appraisal teams, inspection teams for 
environmental licensing of investment projects, that establishment;  
d) Based on the appraisal results of the appraisal council, the appraisal 
team or the results of the ins pection team, the actual inspection results, the 
agency competent to issue environmental permits considers and issues an 
environmental permit for an investment project or facility in case of being 
eligible for an environmental permit or a written notice of  return of the dossier 46 
 
to the project owner or establishment, clearly stating the reason in case of 
ineligibility for an environmental permit.  
 In case the dossier must be revised or supplemented to ensure sufficient 
grounds for the grant of a permit, the agency competent to grant environmental 
permits shall notify the project owner in writing and clearly state the contents to 
be corrected. The environmental licensing agency does not require the project 
owner or facility to perform other tasks other than th e contents of the written 
notice of request for modification and supplementation of this dossier.  
Time for returning results or for notification of modification and 
supplementation of documents must be within the prescribed time limit for 
licensing.  
4. Exc ept for the case specified in Clause 7 of this Article, within 15 days 
for cases falling under the licensing competence of the Ministry of Natural 
Resources and Environment, the Ministry of National Defense, and the Ministry 
of Public Security, 10 days for  cases falling under the licensing authority. The 
licensing authority of the People's Committee of the province and 05 days, for 
cases falling under the licensing competence of the People's Committee of the 
district, from the date of receipt of the amended  and supplemented 
environmental permit application dossier (in case the dossier must be amended 
or supplemented at the request of the environmental licensing agency), the head 
of the environmental licensing agency shall consider and grant an environmental 
permit for the investment project or facility; in case of refusal to issue an 
environmental permit, a written reply must be given to the project owner and 
facility, clearly stating the reason.  
5. The receipt and return of results of environmental permits a s prescribed 
at Point c, Clause 4, Article 43 of the Law on Environmental Protection must 
ensure the simplification and reform of administrative procedures and 
implementation of administrative procedures on the environment. e -schools 
according to the Gover nment's regulations.  
6. The receipt and return of environmental permit results are carried out in 
the electronic environment through the level 4 online public service system of 
the licensing agency within 15 days from the date of receipt of a complete 
application for the following cases:  
a) Investment projects, establishments are not subject to the trial operation 
of waste treatment works;  
b) Investment project, facility connecting wastewater to centralized 
wastewater collection and treatment system of concentrated production, business 
and service zones, industrial clusters and satisfying the following requirements: 
not belong to the type of production, business, or service with the risk of causing 
environmental pollution; are not subject to automatic, c ontinuous or periodical 
emission monitoring as prescribed in this Decree.  47 
 
7. The appraisal and issuance of environmental permits for the case 
specified in Clause 6 of this Article shall be carried out through an appraisal 
team set up by an agency competent  to issue environmental permits with no 
more than 5 members for cases falling under the authority to grant 
environmental permits of the Ministry of Natural Resources and Environment, 
the Ministry of National Defense and the Ministry of Public Security; no more 
than 03 members, for cases falling under the environmental permit -granting 
competence of the provincial -level People's Committees and the district -level 
People's Committees. The environmental licensing agency does not organize the 
actual inspection. T he time limit for collecting opinions from agencies and 
organizations specified at Point b, Clause 3 of this Article is 05 days from the 
date of receipt of the written opinion collection. The time limit for the agency 
competent to grant environmental permi ts to consider and issue an 
environmental permit for an investment project, facility, or send a written reply 
to the project owner or establishment for the refusal to grant an environmental 
permit is specified in Clause 4 of this Article is 05 days.  
8. The  Minister of Natural Resources and Environment shall promulgate 
samples of the application for an environmental permit, the consultation 
document, the decision on the establishment of the appraisal council, the 
inspection team, the inspection minutes, and the inspection report, council 
meeting minutes, council members' comments, council members' appraisal 
sheets, written notification of appraisal results; regulations on activities of 
appraisal councils, appraisal teams, inspection teams, and actual inspecti on 
activities.  
Article 30. Issuance, modification, re -issuance and revocation of 
environmental permits  
1. Issuance of an environmental permit renewal as prescribed in Clause 1, 
Article 44 of the Law on Environmental Protection shall be effected within 10 
days from the date of receipt of the written request for renewal from the owner 
of the investment project or establishment with legal documents related to the 
change. The environmental licensing agency shall grant and change the 
environmental license to the  owner of the investment project or establishment 
with the remaining term of the license.  
The renewal of environmental permits is carried out in the electronic 
environment through the online public service system level 4 of the licensing 
agency or an autho rized agency and does not have to pay appraisal fees as 
prescribed.  
2. Investment project owners and establishments must make adjustments 
to the environmental permit within the remaining term of the permit when there 
are changes specified at Point a, Claus e 2, Article 44 of the Law on 
Environmental Protection and other changes. not fall into the cases specified at 
Point b, Clause 3 and Clause 4 of this Article, except for the case of a decrease 
in the content of the environmental permit or the change in the  volume or type 48 
 
of hazardous waste generated. In case of changing or reducing the contents of 
the environmental permit, the change of the environmental permit shall be made 
at the request of the owner of the investment project or establishment. In case of 
a change in the volume or type of hazardous waste generated, the project owner 
or facility is responsible for reporting the change in the project or facility's 
periodic environmental protection work report.  
The adjustment of the environmental permit shall be effected within 15 
days from the date of receipt of the written request for adjustment of the 
environmental permit from the investor, the facility, and in the electronic 
environment through the online public service system level 4 of the licensing 
agenc y or the agency authorized to issue environmental permits according to 
regulations.  
3. The consideration and adjustment of environmental permits specified at 
Point b, Clause 2, Article 44 and Clause 4, Article 46 of the Law on 
Environmental Protection shal l be carried out within 25 days from the date of 
receipt of the report on transportation results. the pilot practice of investment 
project owners, establishments. Environmental licensing agency, based on the 
inspection report of the inspection team on the trial operation of waste treatment 
works of investment projects, production, business, and service establishments; 
results of measurement and analysis of control waste samples, additional waste 
monitoring samples (if any) and report on test operation resul ts of the 
investment project owner and the facility to adjust the environmental license is 
as follows:  
a) Consult the provincial environmental protection authority, the 
provincial management board of industrial zones (if the investment project is 
located i n a concentrated production, business, or service zone); opinions of a 
number of environmental experts, including experts who have participated in the 
appraisal council, the inspection team for the issuance of environmental permits 
on the adjusted contents  of investment projects, production and business 
establishments, service;  
b) Notify the investment project owner and facility of the adjustment of 
the type and volume of hazardous waste permitted for waste treatment or the 
volume of scrap permitted to be i mported as raw production materials to 
conform with an actual operational capacity of investment projects, production, 
business and service establishments.  
The owner of the investment project or establishment shall send a written 
explanation and supplement  to the adjusted contents specified at this point to the 
environmental licensing agency (if any);  
c) The environmental licensing agency shall issue an (adjusted) 
environmental permit to the owner of the investment project or establishment 
with the remainin g term of the license to match the actual operation capacity of 
the investment project, production, business, and service establishments.  49 
 
4. Subjects for re -issuance of environmental permits and the time when 
the investment project owner or establishment s ubmits the application for re -
grant of an environmental permit is specified as follows:  
a) The subjects specified at Point a, Clause 3, Article 44 of the Law on 
Environmental Protection shall submit an application for re -grant of an 
environmental permit 6 months before its expiration;  
b) Investment projects, establishments, concentrated production, business 
and service zones, industrial clusters that increase in size, capacity, or change 
production technology, unless the changed investment project falls und er the 
subject to an environmental impact assessment, submit an application for re -
grant of an environmental permit before the increase or change is made, and 
may only be implemented after being granted an environmental permit;  
c) Concentrated production, business and service zones, industrial clusters 
with additional industries and trades to attract investment, submit an application 
for re -issuance of environmental permits before attracting investment in sectors, 
such as profession (except for the case whe re the industry, trade, or investment 
project belongs to such industry or trade that, when put into operation, does not 
generate industrial wastewater that must be treated to ensure that it meets the 
conditions for receiving wastewater from the concentrate d wastewater treatment 
system);  
d) Investment projects, establishments, concentrated production, business 
and service zones, industrial clusters have changes in the number of sources 
generating wastewater, dust, and emissions, causing pollution parameters to 
exceed environmental technical regulations on waste; new pollutant parameters 
are generated that exceed the environmental technical regulations on waste; 
increasing the flow of wastewater, dust, and exhaust gas, which increases the 
concentration of poll ution parameters in excess of environmental technical 
regulations on waste; increased levels of noise pollution, vibration; change the 
source of receiving wastewater and the method of discharge into water sources 
with stricter protection requirements, subm it an application for re -issuance of an 
environmental permit before making the change and only implement it after 
when an environmental permit is issued.  
5. The re -issuance of environmental permits specified in Clause 4 of this 
Article shall be carried out  as follows:  
a) The owner of the investment project or establishment specified at 
Points a and c, Clause 4 of this Article shall send a written request for re -grant 
of an environmental permit and a report on the proposal for an environmental 
permit as spec ified in Clause 3, Article 28. This Decree (except for the content 
specified at Points a and c, Clause 3, Article 28 of this Decree) to the state 
agency competent to grant environmental permits. The order and procedures for 
re-issuance of environmental per mits comply with the provisions of Article 29 
of this Decree.  50 
 
The time limit for re -issuance of environmental permits shall not exceed 
30 days for cases falling under the licensing competence of the Ministry of 
Natural Resources and Environment, the Ministry of National Defense, and the 
Ministry of Public Security, and not exceeding 20 days for cases falling under 
the licensing competence. of the People's Committee of the province and the 
People's Committee of the district, from the day on which the c omplete and 
valid application is received;  
b) The owner of the investment project or establishment specified at 
Points b and d, Clause 4 of this Article shall send a written request for re -grant 
of an environmental permit and a report on the proposal for a n environmental 
permit as specified in Clause 3, Article 28. This Decree (only includes contents 
that have changed compared to the initial environmental permit application 
report) to the state agency competent to issue environmental permits. Time, 
order, a nd procedures for re -issuance of environmental permits comply with the 
provisions of Article 29 of this Decree.  
6. Investment projects, establishments that are granted, changed, adjusted, 
or re -granted environmental permits are not required to operate tria l waste 
treatment works, except for the cases specified at Points b and d, Clause 4 this 
Decree.  
7. In case it is discovered that an environmental permit must be revoked 
according to the provisions of Clause 5, Article 44 of the Law on Environmental 
Prote ction during the course of administrative violations, the revocation of the 
license shall comply with the provisions of the law on handling administrative 
violations. The issuance of environmental permits shall comply with the following 
provisions:  
a) In c ase the environmental permit is not issued according to the authority, 
within the time limit to remedy the consequences of the violation, the investment 
project owner or the establishment shall carry out the procedures for applying for 
an environmental per mit specified in Article 29 of th is Decree;  
b) In case the environmental permit contains contents contrary to the 
provisions of law, within 07 days from the date of receipt of the environmental 
permit with contents contrary to the provisions of the law, transferred to the person 
with sanctioning competence, the agency competent to grant environmental permits 
shall consider and grant alternative environmental permits to investment project 
owners and establishments, including adjustments to illegal contents . 
8. In case it is discovered that an environmental permit must be revoked 
as prescribed in Clause 5, Article 44 of the Law on Environmental Protection 
but not in the case specified in Clause 7 of this Article, the revocation, and 
issuance of an environmen tal permit shall be carried out as follows:  
a) The state agency that detects that an environmental permit must be 
revoked shall send a written notice to the agency that has issued the 
environmental permit to notify the licensing agency that the license is not within 51 
 
its competence or contains the licensing content contrary to the provisions of the 
Law on Environmental Protection;  
b) The agency that has issued the environmental permit which must be 
revoked is responsible for reviewing and reviewing the order, procedures, and 
contents of the appraisal and issuance of the environmental permit after 
receiving the written notice specified at Point a of this clause.  
In case the environmental permit is not granted according to the authority 
prescribed, the age ncy that has issued the environmental permit shall guide the 
investment project owner and the establishment to make an application for an 
environmental permit and send it to the competent authority. permit to be 
granted a new environmental permit according  to the provisions of Article 29 of 
this Decree. The agency that has issued the environmental permit shall revoke 
the environmental license after the investment project or establishment has been 
granted a new environmental license by the competent authorit y in accordance 
with the provisions of law.  
In case the issued environmental permit contains contents contrary to the 
provisions of law, the agency that has issued the environmental permit shall 
issue an alternative to the environmental permit for the inve stment project or 
establishment, including adjustments to the contents contrary to the provisions 
of the law. The revocation of environmental permits with contents contrary to 
the provisions of law shall be carried out concurrently with the time of grantin g 
replacement of environmental permits for investment projects and 
establishments.  
9. The Minister of Natural Resources and Environment shall promulgate 
samples of written requests, working minutes, and reports specified in this 
Article.  
Article 31. Trial operation of waste treatment works after being 
granted environmental permits  
1. Waste treatment works not subject to trial operation include:  
a) Sedimentation lake of projects to exploit minerals as common building 
materials, limestone;  
b) Incident lake of  wastewater treatment system (except for incident lake 
combined with biological lake);  
c) Dust and exhaust gas drainage system for cases where a dust and exhaust 
gas treatment system is not required, including a boiler emission control system 
using fuel ga s and DO oil; crematorium flue gas treatment system;  
d) On -site wastewater treatment facilities and equipment as prescribed in 
Clause 3, Article 53 of the Law on Environmental Protection (including septic tanks, 
grease -separating tanks for canteens, and ot her complex works and equipment). meet 
regulatory requirements);  52 
 
dd) Cooling water treatment system that uses chlorine or disinfectant 
chemicals to kill microorganisms;  
e) Waste treatment works of the project to expand or increase capacity but 
there is no change compared to the issued environmental permit;  
g) Waste treatment works of the subjects specified in Clause 2, Article 39 of 
the Law on Environmental Protection when considering and adjusting environmental 
permits.  
2. Group II investment project owners specified in Column 2, the ordinal 
number of Section I, Appendix 4, and Group III investment projects in 
Appendix 5, Part of the Appendix issued together with this Decree, may only be 
put into testing the waste treatment works concurrently with the trial operation 
of the entire project or for each investment phase of the project (if the project 
has a phased investment phase) or for a work item independent waste treatment 
of the project when fully meeting the following conditions:  
a) Completed waste t reatment constructions according to environmental 
permits;  
b) Fully installed automatic and continuous wastewater, dust, and gas 
monitoring equipment and systems (in case of installation) to monitor the 
quality of wastewater and emissions as prescribed in Clause 1 of this Article.  
c) There is a process of operating the project's waste treatment works, 
ensuring to meet the requirements for environmental protection;  
d) Having made a dossier of completion of the waste treatment 
construction in accordance with  the construction law (with a record of handover 
and acceptance between the investor, the construction contractor, and the 
construction supervisor of the waste treatment construction). The owner of the 
investment project is responsible before law for the c ompletion of the waste 
treatment construction dossier.  
3. Owners of investment projects and facilities subject to the trial 
operation of waste treatment works shall notify the plan of trial operation of 
waste treatment constructions and work items of the p roject and facilities. at 
least 10 days in advance from the date of trial operation of the waste treatment 
facility to the environmental licensing agency for monitoring and supervision; in 
case the environmental licensing agency is the Ministry of Natural Resources 
and Environment, it must send it to a specialized environmental protection 
agency of the province for coordination, inspection, and supervision of the 
implementation.  
4. The duration of trial operation of a waste treatment facility, calculated 
from the time of commencement of trial operation, is specified as follows:  
a) From 3 to 6 months in the case of concentrated production, business 
and service zones, industrial clusters, and investment projects, establishments in 
the form of production, busin ess, and services that pose a risk of causing 53 
 
environmental pollution with a large capacity specified in Column 3, Appendix 
2, Appendix 2 to this Decree;  
b) The duration of trial operation for other projects shall be decided by the 
project owner and the fa cility itself, but must not exceed 6 months and must 
ensure that the effectiveness of each treatment stage and all waste treatment 
constructions can be assessed according to regulations;  
c) In case the trial operation process must be extended, the investment 
project owner and establishment must send a written notice, clearly stating the 
reason for the extension and the extension period must not exceed 06 months. 
For large -scale investment projects, investment in stages, the operation time may 
be ext ended according to the regulations of the licensing agency.  
5. During the trial operation of waste treatment works, investment project 
owners and establishments are responsible for the following:  
a) Coordinate with the environmental protection agency of th e province 
where the project is implemented to inspect and supervise the trial operation 
process. In case the project or facility is subject to automatic monitoring of 
wastewater, dust and gas emissions, it must organize the monitoring and 
supervision of t he results of automatic and continuous monitoring of 
wastewater, dust and emissions with cameras. and connect and transmit data to 
the provincial environmental protection agency where the project is 
implemented;  
b) Conduct self -monitoring when meeting the technical guidance of the 
Ministry of Natural Resources and Environment or cooperate with an 
organization qualified to provide environmental monitoring services to monitor 
waste and evaluate the effectiveness of environmental monitoring services. in 
each s tage of treatment and waste treatment works. Waste monitoring must 
comply with environmental standards and technical regulations and the law on 
standards, measurement and quality. Waste monitoring, waste sampling (single 
form, combined sample) for differen t types of projects shall comply with 
regulations of the Ministry of Natural Resources and Environment;  
c) To be solely responsible for the contents of the trial operation plan and 
the whole process of trial operation of the waste treatment facility;  
d) Ha ving an operation logbook, recording full information about the 
process of trial operation of the waste treatment facility. The subjects specified 
in Clause 4, Article 46 of the Law on Environmental Protection must fully 
record the volume of hazardous wast e and scrap used for each treatment and 
recycling system and equipment;  
dd) Self -assess or hire a qualified organization to evaluate the treatment 
efficiency of the waste treatment works of the project or facility; synthesize, 
evaluate data of waste monito ring, waste identification and make a report on the 
results of trial operation of the waste treatment facility, and send it to the 54 
 
environmental licensing agency within 10 days from the date of completion. end 
the trial operation of waste treatment works, except for the case specified in 
Clause 4, Article 46 of the Law on Environmental Protection; in case the 
environmental licensing agency is the Ministry of Natural Resources and 
Environment, the investment project owner or establishment shall send 
addition al information to the provincial specialized agency in charge of 
environmental protection.  
In case there is a change compared to the already issued environmental 
permit, the owner of the investment project or establishment must review the 
content and exten t of the change in order to grant, change, adjust or re -issue the 
environmental permit according to the provisions of Article 30 of this Decree.  
6. During the trial operation of the project's waste treatment facilities, if 
the waste discharged into the environment does not meet the environmental 
technical regulations on waste, the investment project owner and the 
establishment must comply with the regulations. take the following measures:  
a) Stop operation or reduce capacity of investment projects and fa cilities 
to ensure that existing waste treatment works can treat generated wastes up to 
environmental technical regulations on waste and environmental permits;  
b) Reviewing waste treatment facilities, equipment and operating 
procedures of the waste treatme nt system to determine the causes of pollution 
and propose remedial solutions; renovating, upgrading and building additionally 
(if any) waste treatment works to meet the requirements of environmental 
protection as prescribed;  
c) In case of causing environm ental incidents or causing environmental 
pollution, the investment project owner or establishment must immediately stop 
the trial operation and promptly report it to the environmental licensing agency 
for guidance. lead settlement; in case the environmenta l licensing agency is the 
Ministry of Natural Resources and Environment, it must send additional 
documents to the specialized environmental protection agency of the province to 
coordinate in solving environmental problems; take responsibility for remedying  
environmental incidents, pay compensation for damage and be handled for 
violations according to the provisions of law;  
d) Make a plan for trial operation of waste treatment works or each item 
of waste treatment works that fail to meet environmental techni cal regulations 
on waste for re -operation. The order, procedures, and time for re -testing the 
waste treatment works are the same as those for the first -time test operations.  
7. Environmental protection agencies at provincial and district levels are 
respons ible for coordinating in inspecting and supervising the trial operation of waste 
treatment works for investment projects, facilities and production zones, business, 
concentrated services, and industrial clusters in the locality at the request of the 
enviro nmental licensing agency.  55 
 
8. Responsibilities of environmental licensing agencies:  
a) To perform the responsibilities specified in Article 48 of the Law on 
Environmental Protection;  
b) Organize the actual inspection of the process of trial operation of was te 
treatment works of investment projects, establishments, concentrated 
production, business and service zones, industrial clusters; conduct 
measurement, take and analyze waste samples to compare with waste 
monitoring results of investment projects, facili ties, production, business, 
concentrated services, industrial clusters. In case the waste discharged into the 
environment does not meet the environmental technical regulations on waste, 
the investment project owner or the establishment is required to compl y with the 
contents specified in Clause 6 of this Article; organize additional waste 
monitoring during re -trial operation. Waste monitoring expenses shall be paid 
by investment project owners and establishments;  
c) For the case specified in Clause 4, Artic le 46 of the Law on 
Environmental Protection, the inspection and decision on the adjustment of the 
type and volume of hazardous waste permitted to be treated or the volume of 
scrap permitted to be imported and disposed of. Violations (if any) shall be 
hand led in accordance with the order specified in Clause 3, Article 30 of this 
Decree;  
d) Receive and handle recommendations of investment project owners 
and establishments related to the trial operation of waste treatment works and 
guide project owners to ove rcome environmental pollution and incidents ( if 
any) during test operation.  
9. At the end of the trial operation process, if the results of the trial 
operation of the waste treatment works of the investment project owner, the 
facility, and the inspection results of the environmental licensing agency are 
satisfactory. with an environmental permit, the owner of the investment project 
or establishment shall continue to operate under the granted license.  
10. The Minister of Natural Resources and Environment promulgates 
samples of documents, notices, reports, plans for trial operation of waste 
treatment works, and technical regulations on monitoring, sampling of 
combinations, and application forms. set forth in this Article.  
Article 32. Subjects exempt from en vironmental registration  
1. Investment projects, facilities specified at Point a, Clause 2, Article 49 
of the Law on Environmental Protection.  
2. Investment projects when put into operation and production, business 
and service establishments that do not ge nerate waste or generate less than 300 
kg/day of domestic  solid waste shall be managed according to government 
regulations. local; or generating less than 05 m3/day of wastewater and less than 
50 m3/hour of wastewater, it shall be treated by on -site treatm ent equipment or 56 
 
managed according to the regulations of the local government.  
3. Investment projects and facilities with scale and capacity are eligible 
for exemption from environmental registration specified in Appendix 6 to the 
Appendix to this Decree.  
 
Chapter IV 
ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS, 
SERVICES, URBAN, RURAL AND SOME SECTORS  
 
Section  1 
PROTECTION OF CRAFT VILLAGE ENVIRONMENT  
 
Article 33. Conditions on environmental protection of craft villages  
1. A recognized craft village must satisfy the requirements specified in 
Clause 1, Article 56 of the Law on Environmental Protection.  
2. The commune -level People's Committees shall elaborate and submit to 
the district -level People's Committees for approval a plan on environmental 
protection of trade villages, ensuring that it is suitable to the actual situation in 
the locality and the plan to change industries and occupations. To encourage 
development in craft villages, the plan to relocate establishments and households 
out of craf t villages has been approved by the People's Committee of the 
province.  
3. Contents of the craft village environmental protection plan, including:  
a) General information about craft villages;  
b) Type and scale of production of the craft village;  
c) The gen eration of exhaust gas, wastewater, domestic  solid waste, 
ordinary industrial solid waste, and hazardous waste; environmental protection 
works of craft villages;  
d) Plan for construction, implementation, and operation of works, 
environmental protection mea sures: treatment of waste gas, wastewater, solid 
waste collection area, solid waste treatment area (if any), and other 
environmental protection works and measures;  
dd) Waste monitoring and supervision program according to regulations;  
e) Organize the imple mentation of the environmental protection plan; the 
need for funding to implement the plan for environmental protection of craft 
villages;  
g) The plan to change production lines of production establishments and 
households in industries that are discouraged  for development in the locality, or 57 
 
relocate production establishments and households in accordance with 
regulations of the Committee. Provincial People's Committee.  
4. Self -governing organizations on environmental protection of craft 
villages established  by the People's Committees of communes; operates in 
accordance with regulations promulgated by the People's Committees of 
communes and has the following responsibilities:  
a) Participating in the management, operation, maintenance, and 
renovation of the wo rks of the environmental protection infrastructure of the 
craft village as assigned by the People's Committee of the commune;  
b) Disseminate, monitor, and urge production establishments and 
households in craft villages to comply with environmental protecti on regulations 
specified in Article 34 of this Decree;  
c) Participating in the formulation and implementation of the plan on 
environmental protection of craft villages; environmental protection content in 
village conventions and conventions; propagating and mobilizing people to 
abolish unsanitary customs and habits, harmful to the environment;  
d) Participate in and coordinate in inspecting the implementation of 
regulations on environmental protection by establishments in craft villages when 
requested by c ompetent agencies;  
dd) Report to the commune -level People's Committee on the status of the 
operation, the situation of waste collection, transportation, and treatment; when 
detecting signs of environmental pollution, environmental incidents or violations 
of the law on environmental protection in trade villages;  
e) Perform other tasks on environmental protection at the request of the 
commune -level People's Committee.  
Article 34. Requirements on environmental protection for production 
establishments and house holds in craft villages  58 
 
Production establishments and households in craft villages must comply 
with regulations on environmental impact assessment, grant environmental 
permits, or register for the environment in accordance with the law on 
environmental pro tection. Environmental protection works of production 
establishments and households in craft villages must satisfy the following 
requirements:  
1. Having a rainwater and wastewater collection and drainage system in 
accordance with local authorities' regulat ions, ensuring compliance with the 
environmental protection infrastructure of the craft village.  
2. Having a wastewater treatment facility or an on -site wastewater 
treatment facility and equipment that meets environmental technical regulations 
in case the craft village's environmental protection infrastructure does not have a 
centralized wastewater treatment system.  
3. Having an exhaust gas treatment facility or an on -site exhaust gas 
treatment facility and equipment that meets environmental technical regul ations 
in the event of emission of gas, which must be handled in accordance with the 
law. 
4. Implement technical solutions to minimize noise, vibration, light, dust, 
heat radiation to ensure no pollution to the surrounding environment.  
5. Having measures a nd works to collect and store solid waste according 
to the provisions of law.  
Article 35. Relocating production facilities and households out of 
craft villages and changing industries and trades that do not encourage 
development in craft villages  
1. Production lines and trades not encouraged to develop in craft villages, 
including:  
a) Production lines and trades not belonging to rural industries according to 
the Government's regulations on the development of rural industries;  
b) Lines and trades in th e type of production that are at risk of causing 
environmental pollution specified in Appendix 2 to the Appendix to this Decree;  
c) Lines and trades that use flammable and explosive fuels, materials or 
chemicals, dangerous chemicals, and chemicals restrict ed from trading in accordance 
with the law on chemicals;  
d) Lines and trades using outdated technology lines, machinery, and 
equipment on the list of technologies restricted from transfer in accordance with the 
law on technology transfer.  
2. Production establishments and households in trade villages in industries 
or trades that are not encouraged to develop in such craft villages as prescribed 
in Clause 1 of this Article are responsible for implementing the provisions of 
Article 34 of this Decree and com plying with the regulations. the plan on change 59 
 
of production lines or trades or relocation in the plan for environmental 
protection of craft villages specified at Point g, Clause 3, Article 33 of this 
Decree.  
3. Establishments causing serious environmenta l pollution in craft villages 
are production, business, and service establishments in trade villages that 
commit acts of violating regulations on the discharge of wastewater, discharge 
of dust, emissions, and noise pollution, vibration exceeding technical regulations 
on waste or burying, burying, dumping and discharging solid waste, hazardous 
waste contrary to regulations on environmental protection, to the extent that the 
additional sanction of operation suspension in accordance with the Law on 
Handling of  Administrative Violations in the field of environmental protection.  
4. Establishments causing persistent environmental pollution in craft 
villages are production, business, and service establishments in trade villages 
that commit acts of violating regulat ions on the discharge of wastewater, 
discharge of dust, emissions, and noise pollution, vibration exceeding technical 
regulations on waste or burying, dumping, dumping and discharging solid waste, 
hazardous waste in contravention of regulations on environm ental protection, 
has been issued a decision on administrative sanction but continues recidivism 
and by the end of the time limit for remedial action, the violation has not yet 
been remedied.  
5. The formulation and approval of plans to change occupations t hat are 
not encouraged for development in craft villages, or to relocate production 
establishments and households out of trade villages shall be implemented as 
follows:  
a) Commune -level People's Committees shall review and report to 
district -level People's  Committees a list of production establishments and 
households in trades and occupations that are discouraged from developing in 
craft villages; establishments and households that fail to implement the plan for 
changing industries and occupations and the c ases specified in Clauses 3 and 4 
of this Article;  
b) The district -level People's Committee shall submit the plan to the 
provincial -level People's Committee for consideration and approval of the plan 
to change industries and trades that are not encouraged for development in trade 
villages, and to relocate establishments and households out of trade villages;  
c) Provincial -level People's Committees shall approve plans to change 
industries and trades that are not encouraged to develop in trade villages, 
reloca te establishments and households out of trade villages, ensuring that it is 
suitable to the actual situation in the locality. direction.  
 
Section 2 
ENVIRONMENTAL RENOVATION AND RESTOREMENT IN 
MINERAL MINING ACTIVITIES  60 
 
 
Article 36. Formulation and appraisal  of plans for environmental 
improvement and restoration in mineral extraction activities  
1. The formulation and appraisal of plans for environmental improvement 
and restoration in mineral extraction activities are prescribed as follows:  
a) The owner of the  mining investment project specified at Point a, Clause 
2, Article 67 of the Law on Environmental Protection prepares a plan for 
environmental renovation and restoration during the environmental impact 
assessment and is appraised during the appraisal of th e environmental impact 
assessment report;  
b) Owners of mineral mining establishments specified at Point b, Clause 
2, Article 67 of the Law on Environmental Protection that operate before the 
effective date of this Decree but does not have plans for environ mental 
renovation and restoration as prescribed. shall be sanctioned for administrative 
violations on environmental protection. In case the establishment is subject to 
the issuance of an environmental permit, it is required to make an application for 
an en vironmental permit, including the plan for environmental renovation and 
restoration, and be appraised during the appraisal of the application 
environmental licensing; in case the establishment is not subject to the issuance 
of an environmental permit, it i s forced to make an environmental improvement 
and restoration plan and appraise it according to the provisions of Clauses 2, 3, 
4, 5, 6, 7, 8 and 9 This;  
c) The owner of the mineral mining establishment specified at Point b, 
Clause 2, Article 67 of the Law  on Environmental Protection subject to the 
issuance of an environmental permit has changed the contents of environmental 
renovation and restoration compared to the plan already approved. If approved, a 
dossier of application for an environmental permit sh all be made, including a plan 
for environmental improvement and restoration with changed contents, and shall 
be appraised during the appraisal of the application for an environmental permit; 
In case the establishment is not subject to the issuance of an en vironmental 
permit, a plan for environmental renovation and restoration shall be prepared and 
appraised according to the provisions of Clauses 2, 3, 4, 5, 6, 7, 8 and 9 of this 
Article.  
d) The owner of the mineral mining establishment specified at Point c,  
Clause 2, Article 67 of the Law on Environmental Protection prepares a plan for 
environmental renovation and restoration as part of the mine closure project of the 
mining project and appraised during the appraisal of the mineral mine closure 
project.  
2. A  dossier of request for appraisal of the plan for environmental 
renovation and restoration, for the case where the establishment is not subject to 
the issuance of an environmental permit specified at Points b and c, Clause 1 of 
this Article, includes:  61 
 
a) 01 written request for appraisal of the establishment owner;  
b) 01 plan for environmental improvement and restoration;  
c) 01 copy of the environmental impact assessment report or the 
environmental protection plan or the commitment to environmental protection or 
the registration of meeting environmental standards or the simple environmental 
protection project or the detailed environmental protection approved or certified.  
3. The time limit for appraising the plan for environmental renovation and 
restoration, for the case specified in Clause 2 of this Article, is not more than 30 
days from the date of receipt of a complete and valid dossier. Within the time 
limit specified in this Clause, the appraisal agency is responsible for notifying 
the establishm ent owner in writing of the appraisal results. The time for the 
establishment owner to amend and supplement the plan for environmental 
renovation and restoration at the request of the appraisal agency and the time to 
consider and issue an approval decision  specified in Clause 6 of this Article is 
not included in the time limit. expertise.  
4. Contents of appraisal of the plan for environmental renovation and 
restoration, including:  
a) Legal basis, the compatibility of structure and content of the plan for 
environmental renovation and restoration with current regulations;  
b) Conformity of the contents of the plan for environmental improvement 
and restoration with requirements on environmental protection, national sector 
planning, provincial planning (if any), relevant land use planning;  
c) Basis for calculating the volume of environmental renovation and 
restoration items and the funding for environmental renovation and restoration; 
the accuracy and completeness of the volume and cost estimates, the suitability 
of the deposit method.  
5. The appraisal of the plan for environmental renovation and restoration 
for the case specified in Clause 2 of this Article shall be carried out through an 
appraisal council set up by a competent agency specified in Clause 8 of this  
Article. The appraisal council has at least 07 members, including the chairman 
of the council, the vice -chairman of the council (in case of necessity) and must 
have at least one -third of the total members who are experts. Experts who are 
members of the co uncil must have expertise in the environment, minerals, or 
other related fields and have working experience that meets the requirements at 
Point b, Clause 3, Article 34 of the Law on Environmental Protection.  
Experts participating in the formulation of plans for environmental 
improvement and restoration may not participate in the council for appraisal of 
such plans.  
In case of necessity, the appraising agency shall organize the actual 
survey, collect opinions from agencies, organizations, and experts to serve the 
appraisal of the plan for environmental renovation and restoration.  62 
 
During the appraisal period, if there is a request to amend or supplement 
the plan for environmental renovation and restoration, the agency appraising the 
plan for environmental renovation and restoration is responsible for notifying 
the project owner in writing to implement. Within a maximum period of 12 
months from the date of receiving a written request for amendment and 
supplementation from the agency appraising the environmen tal improvement 
and restoration plan, the establishment owner is responsible for completing the 
plan for environmental renovation and restoration. The environment shall be 
sent to the agency appraising the plan for environmental renovation and 
restoration,  enclosed with a written explanation, and receiving appraisal 
opinions. After this time limit, the appraisal of the plan for environmental 
renovation and restoration shall comply with the provisions of Clause 2 of this 
Article.  
6. The appraisal result of t he plan for environmental renovation and 
restoration is shown by the decision approving the appraisal result. Within no 
more than 15 days from the date of receipt of the revised and supplemented 
environmental renovation and restoration plan dossier (if any ), the appraising 
agency is responsible for issuing a decision to approve evaluation results; in case 
of disapproval, it must reply in writing to the establishment owner, clearly stating 
the reason. Dossier of application for an environmental improvement a nd 
restoration plan, modified or supplemented upon request (if any) includes:  
a) 01 (one) written explanation of appraisal opinions;  
b) 01 (one) version of the revised and supplemented plan for environmental 
renovation and restoration.  
7. The submission of  dossiers of request for appraisal of the plan for 
environmental renovation and restoration, and the notification of the appraisal 
results of the plan shall be done through one of the forms of direct submission, 
by post or by the online public service syst em according to the roadmap of the 
competent state agency.  
8. Competence to appraise environmental renovation and restoration plans 
for the case specified in Clause 2 of this Article is prescribed as follows:  
a) The Ministry of Natural Resources and Enviro nment shall organize the 
appraisal of plans for environmental renovation and restoration for mineral 
mining establishments under the competence of the Ministry of Natural 
Resources and Environment to issue mining licenses;  
b) Provincial -level People's Committees shall organize the appraisal of 
plans for environmental renovation and restoration of mineral mining 
establishments under the competence of the provincial -level People's 
Committees to issue mining licenses.  
9. The Minister of Natural Resources a nd Environment shall promulgate 
the form of the written request for appraisal, and prescribe the operation of the 63 
 
council for assessment of the plan for environmental renovation and restoration 
specified in this Article . 
Article 37. Deposits for environmen tal rehabilitation and restoration 
and refund of deposits for environmental rehabilitation in mineral mining 
activities  
1. The deposit amount must be calculated to ensure sufficient funds for 
environmental renovation and restoration based on the environmen tal renovation 
and restoration contents already approved by the competent authority.  
2. The calculation of the deposit amount must apply the norms and unit 
prices of the locality at the time of making the plan for environmental 
renovation and restoration. In case the locality does not have norms and unit 
prices, the norms and unit prices of the respective ministries or branches shall 
apply. In case a ministry or branch does not have a unit price, the market price 
shall apply.  
3. Calculation of the deposit amount:  
a) The total amount of the deposit (excluding the price slippage factor) is 
equal to the total cost of the work items of environmental renovation and 
restoration. Methods of calculating and estimating costs for environmental 
rehabilitation and rest oration shall comply with the guidance of the Ministry of 
Natural Resources and Environment;  
b) The annual deposit amount (excluding the slippage factor) is calculated 
by the total amount of the deposit minus the first deposit amount then divided 
equally a mong the remaining years according to the time in the investment 
project or mining license;  
c) Organizations and individuals paying the annual deposit must take into 
account the price slippage factor and be determined by the annual deposit 
amount specified  at point b of this clause multiplied by the consumer price index 
of the previous years. That is counted from the time when the additional plan or 
plan is approved. The annual consumer price index is applied according to the 
announcement of the General Sta tistics Office for the locality where the mineral 
is mined or the competent authority.  
4. Deposit period:  
a) In case an organization or individual applies for a new mineral mining 
license, the deposit period is determined according to the investment projec t 
appraised by a competent authority but must not exceed 30 years;  
b) In case an organization or individual has a mineral mining license: the 
deposit period is determined according to the remaining term in the mining 
license from the time of approval of th e plan;  
c) In case the mining license has a mining term different from the time 
calculated in the approved plan, the organization or individual shall adjust the 64 
 
content and calculate the deposit amount overtime in the mining license. 
Minerals have been granted and sent to the competent agency for approval of the 
plan for consideration and adjustment.  
5. Deposit method:  
a) In case an organization or individual has a mineral mining license with 
a term of less than or equal to 1 year, a one -time deposit sha ll be made. The 
margin level is equal to 100% of the approved amount, taking into account 
slippage at the time of deposit;  
b) In case an organization or individual has a mineral mining license with 
a term of 01 year or more, they are allowed to make multip le deposits. The 
amount of the first deposit must take into account the slippage factor at the time 
of deposit and is determined as follows:  
A mining license has a term of less than 10 years: the first deposit is equal 
to 25% of the total deposit.  
A mining  license has a term from 10 years to less than 20 years: the first 
deposit is equal to 20% of the total deposit.  
Mining license has a term of 20 years or more: the first deposit is equal to 
15% of the total deposit;  
c) The deposit amount taking into accoun t the price slippage factor shall 
be declared and paid by the organization or individual and notified to the 
environmental protection fund where the deposit is located;  
d) The deposit is entitled to an interest rate equal to the lending interest 
rate of th e environmental protection fund where the deposit is made and is 
calculated from the time of deposit.  
6. Time of deposit and receipt of deposit:  
a) Organizations and individuals currently exploiting minerals shall make 
their first deposit within 30 days fr om the date of approval of additional plans or 
plans;  
b) Organizations and individuals that have been granted a new mining 
license shall make their first deposit before the date of registration for the 
commencement of construction of the mine;  
c) In case o f deposit many times, the deposit from the second time onward 
must be made within a period not exceeding 07 days from the date the 
competent authority announces the consumer price index of the year preceding 
the year of deposit;  
d) The place to receive th e deposit is specified at Point a, Clause 4, Article 
137 of the Law on Environmental Protection;  
d) The place where the deposit is received is responsible for checking the 
accuracy of the deposit and issuing a certificate of deposit confirmation to the 65 
 
organization or individual.  
7. The refund of the deposit is based on the progress of the organization or 
individual that has completed the contents of environmental renovation and 
restoration. The agency competent to approve the mine closure project of the 
mining project shall check the completion of the plan for environmental 
improvement and restoration during the period of acceptance of the results of the 
implementation of the mine closure project. The content of completing the plan 
for environmental renov ation and restoration is part of the content of the 
decision to close the mineral mine:  
a) Within 90 days from the date of receiving the decision to close the 
mineral mine, where the deposit is received, the deposit shall be refunded to the 
organization or  individual;  
b) Organizations and individuals are only allowed to withdraw profits 
once after a decision is made to close the mine;  
c) The refund of the deposit to the organizations or individuals that return 
or have their mining licenses revoked is made a fter the decision to close the 
mine is issued.  
8. In case there is a change in the organization or individual that has been 
granted the mineral mining license, the new organization or individual shall 
continue to perform the obligations of environmental re novation and restoration 
and deposit for the renovation, environmental restoration and notify the agency 
appraising the plan for environmental renovation and restoration, the specialized 
agency in charge of environmental protection at the provincial level.  
9. In case an organization or individual exploiting minerals has deposited a 
deposit but is dissolved or goes bankrupt and has not yet carried out environmental 
renovation and restoration in accordance with the approved plan for environmental 
renovation a nd restoration, the competent authority to approve the mine closure 
project of the mining project is responsible for using the deposited money, 
including interest, for environmental renovation and restoration.  
10. The Ministry of Finance shall guide the ma nagement and use of deposits 
for environmental improvement and restoration in mineral extraction activities at 
environmental protection funds.  
 
Section  3 
ENVIRONMENTAL PROTECTION IN MANAGEMENT OF 
DIFFERENTIVE POLLUTIONS AND MATERIALS, FUEL, 
MATERIALS, PRODUCTS, GOODS, EQUIPMENT CONTAINS 
DIFFICIENT POLLUTIONS  
 
Điều 38. Report and register exemption of persistent organic 66 
 
pollutants under provisions of the Stockholm Convention  
1. On the basis of summarizing, assessing the current status, and 
forecasting th e registration of exemption from persistent organic pollutants 
(hereinafter referred to as POPs for short) in Appendix 7 to the Appendix issued 
together with this Decree. According to this regulation of the relevant agencies, 
organizations, and individuals , the Ministry of Natural Resources and 
Environment is responsible for registering the exemption of POPs with the 
Stockholm Convention Secretariat as required by the Stockholm Convention. In 
the event that the Stockholm Convention changes the requirements for 
registration of exemptions, these changes shall be followed.  
2. Organizations and individuals that register for POP exemption in 
Appendix 7 to the Appendix to this Decree shall send their application for POP 
exemption registration to the Ministry of Na tural Resources and Environment. 
Registration documents include:  
a) 01 written registration for exemption from POPs made according to the 
form promulgated by the Minister of Natural Resources and Environment;  
b) 01 report on registration of POP exemption made according to the form 
issued by the Minister of Natural Resources and Environment;  
c) Results of periodical monitoring and environmental monitoring of the 
most recent monitoring period.  
Option 1: regulates the management of POP exemption registration 
according to the pre -inspection mechanism (the state agency inspects and 
evaluates the organization's and individuals' application for POP exemption 
registration and announces the results of inspection and evaluation for 
organizations and individuals to se rve as the basis for carrying out customs 
procedures for POPs); expressed in clauses 3, 4, 5 and 6 as follows:  
“3. Order and procedures for registration of exemption from POPs:  
a) Organizations and individuals compile dossiers of registration for 
exemptio n from POPs as prescribed in Clause 2 of this Article and send them 
directly or by post or electronically through the online public service system of 
the Ministry of Finance. Resources and Environment;  
b) The administrative procedure -receiving division of the Ministry of 
Natural Resources and Environment considers the completeness of the 
application components. In case the dossier is complete, the administrative 
procedure -receiving department will transfer the dossier to the National focal 
point for impleme nting the Stockholm Convention under the Ministry of Natural 
Resources and Environment for further processing. In case the application is 
incomplete, the division receiving administrative procedures shall return the 
application to the organization or indiv idual requesting registration and request 
additional documents as prescribed;  67 
 
c) After receiving a complete and valid dossier, the National focal point 
for implementing the Stockholm Convention under the Ministry of Natural 
Resources and Environment shall set up an inspection team to evaluate the 
application for exemption from POPs according to regulations. regulation;  
d) Within 45 days from the time of receiving the complete and valid 
dossier, based on the test results, the Ministry of Natural Resources and 
Environment shall issue a written notice of the results of the assessment of 
registration of exemption from substances. POP according to the form issued by 
the Minister of Natural Resources and Environment.  
4. The written notification of the results of  the POPs exemption 
registration assessment by the Ministry of Natural Resources and Environment 
with a time limit in accordance with the Stockholm Convention on exemption 
registration, serving as the basis for the customs authority to consider , allowing 
customs clearance for POPs.  
5. Organizations and individuals that are entrusted with the import of 
POPs listed in Appendix 7 to the Appendix issued together with this Decree for 
organizations and individuals that have been approved by the Ministry of 
Natur al Resources and Environment for registration of exemption from such 
substances. POPs as raw materials for direct production are only allowed to 
import the right types and volumes of POPs according to the content of the 
written notification of assessment r esults of the Ministry of Natural Resources 
and Environment for organizations and individuals that register for exemption of 
POPs. Organizations and individuals entrusted with importing POPs listed in 
Appendix 7 to the Appendix issued with this Decree must  transfer all imported 
POPs to the importing organization or individual in accordance with the import 
contract. co -trust.  
6. After the expiration of the time limit for registration of exemptions as 
required by the Stockholm Convention, POPs listed in Appen dix 7 to the 
Appendix issued with this Decree must be managed in accordance with 
regulations on hazardous waste management. .”  
Option 2 (proposed option of the Ministry of Natural Resources and 
Environment): stipulates the management of POP exemption regis tration 
according to the post -inspection mechanism (state agencies synthesize 
information and data on substance exemption registration) POPs of 
organizations and individuals, data reported by relevant ministries and 
branches to develop a report on registra tion of national exemptions to be sent 
to the Stockholm Convention Secretariat; to examine and handle violations of 
organizations and individuals for import, production, and use of POPs which 
have been registered for exemption); expressed in clauses 3, 4, 5 and 6 as 
follows:  
“3. The registration for POP exemption is done as follows:  68 
 
a) Organizations and individuals make POP exemption registration 
dossiers as prescribed in Clause 2 of this Article and send them directly or by 
post or online to the Ministry of Natural Resources and Environment;  
b) The national focal point for the implementation of the Stockholm 
Convention under the Ministry of Natural Resources and Environment compiles 
information and data on registration of POP exemption registration of 
organizations and individuals, and reports from relevant ministries and sectors. 
to prepare a report on registration of national exemptions to be submitted to the 
Stockholm Convention Secretariat; notification of the acceptance of the 
registration of a POP exe mption by the Stockholm Convention Secretariat; 
inspect and handle violations by organizations and individuals with respect to 
the import, production, and use of POPs which have been registered for 
exemption under the provisions of the Stockholm Convention . 
4. The customs authority considers and allows customs clearance for 
POPs that have been approved for exemption registration by the Stockholm 
Convention Secretariat.  
5. Organizations and individuals that are entrusted with the import of 
POPs listed in Appendix 7 to the Appendix issued together with this Decree to 
organizations and individuals that have submitted POP exemption registration 
dossiers to the Ministry of Natural Resources and Environment. The 
environment is only allowed to import the right t ype and volume of registered 
POPs. Organizations and individuals entrusted with importing POPs listed in 
Appendix 7 to the Appendix issued with this Decree must transfer all imported 
POPs to the importing organization or individual in accordance with the i mport 
contract. co -trust.  
6. After the expiration of the time limit for registration of exemptions as 
required by the Stockholm Convention, POPs listed in Appendix 7 to the 
Appendix issued with this Decree must be managed in accordance with 
regulations on hazardous waste management. .”  
Article 39. Labeling and publication of information on raw materials, 
fuels, materials, products, goods and equipment containing persistent 
pollutants  
1. Pursuant to environmental technical regulations on limits of persistent  
pollutants in raw materials, fuels, materials, products, goods, and equipment, 
organizations and individuals import, produce, trade raw materials, fuels, 
materials, products, goods, and equipment containing persistent pollutants must 
label and disclose in formation according to the provisions of Clauses 2 and 3 of 
this Article.  
2. Labeling raw materials, fuel, materials, products, goods, and equipment 
containing persistent pollutants must satisfy the following requirements:  
a) The position, size, color, ima ge, symbol, and language of the label of 69 
 
raw materials, fuel, materials, products, goods, and equipment containing 
persistent pollutants must comply with the provisions of the law on goods labels;  
b) Contents shown on labels of raw materials, fuels, materi als, products, 
goods, and equipment containing persistent pollutants, including names and 
concentrations of persistent pollutants specified in environmental technical 
regulations on limits of persistent pollutants in raw materials, fuels, materials, 
produc ts, goods, equipment or information on meeting relevant international 
standards persistent pollutants and other information in accordance with the law 
on goods labels.  
3. For raw materials, fuels, and materials without commercial packaging, 
organizations a nd individuals importing, producing, and trading must send a 
notice to the Ministry of Natural Resources and Environment and make the 
announcement. Information on persistent pollutants in raw materials, fuel, and 
materials according to the content specifie d at Point b, Clause 2 of this Article 
on the website of the organization or individual.  
4. Organizations and individuals producing raw materials, fuels, materials, 
products, goods, and equipment containing persistent pollutants must label and 
disclose inf ormation about persistent pollutants in raw materials, fuels, 
materials, products, goods, and equipment as prescribed in Clauses 2 and 3 of 
this Article after conducting conformity assessment as prescribed in Clause 3, 
Article 40 of this Decree.  
5. Production, import, and business organizations, and individuals fail to 
comply with regulations on labeling and information disclosure for raw 
materials, fuels, materials, products, goods, and equipment containing pollutants 
that are difficult to decompose , they must take remedial measures, recall and 
handle them according to the provisions of the law on environmental protection 
and the law on product and goods quality management.  
Article 40. Assessment of conformity and examination of persistent 
pollutants  and raw materials, fuels, materials, products, goods and 
equipment containing persistent pollutants  
1. Organizations and individuals that import or produce must send a 
notice to the Ministry of Natural Resources and Environment together with the 
results o f conformity assessment for raw materials, fuels, materials, products, 
goods, and equipment containing persistent pollutants after customs clearance 
and before being put on the market.  
2. Vietnam recognizes and acknowledges conformity assessment results 
for raw materials, fuels, materials, products, goods and equipment containing 
persistent pollutants issued by international or international organizations have 
the capacity to comply with the provisions of the law.  
3. Organizations and individuals that imp ort and produce persistent 
pollutants and raw materials, fuels, materials, products, goods, and equipment 70 
 
containing persistent pollutants before labeling and Disclosure must select a 
conformity assessment organization to test, verify, assess, and certify the quality 
in accordance with relevant environmental technical regulations.  
4. Conformity assessment organization means an organization that has 
been granted a certificate of eligibility to operate by the Ministry of Natural 
Resources and Environment to p rovide environmental monitoring services for 
persistent pollutants and raw materials, fuels and materials, products, goods, and 
equipment containing persistent pollutants.  
5. The inspection of persistent pollutants and raw materials, fuels, 
materials, prod ucts, goods, and equipment containing persistent pollutants shall 
be carried out in accordance with the law on conservation. environmental 
protection and the law on quality management of products and goods. The form 
of the decision on the establishment of the inspection team, the inspection 
record, and the results of the conformity assessment shall be prescribed by the 
Ministry of Natural Resources and Environment. In case a persistent pollutant is 
detected and raw materials, fuels, materials, products, goo ds, and equipment 
containing persistent pollutants do not meet the corresponding environmental 
technical regulations, the Importing, manufacturing, and trading individuals 
must be administratively sanctioned for environmental protection and product 
and goo ds quality management and publicizing information in accordance with 
the law on quality management of products and goods.  
Article 41. Responsibilities of organizations and individuals 
importing, producing, trading and using persistent pollutants and raw 
materials, fuels, materials, products, goods and equipment containing 
pollutants persistent contamination  
1. Organizations and individuals that import, produce and trade in 
persistent pollutants and raw materials, fuels, materials, products, goods, and 
equipment containing persistent pollutants must ensure that not exceed the 
maximum limit allowed by law; be responsible for the safe destruction and 
treatment of persistent pollutants and raw materials, fuels, materials, products, 
goods, and equipment cont aining persistent pollutants in excess of the maximum 
allowable limit by the form of self -disposal according to suitable technology to 
meet the requirements of environmental protection or bear all responsibility and 
costs for destruction and disposal accor ding to the provisions of current law.  
2. Organizations and individuals importing POPs listed in Appendix 7 to 
the Appendix issued together with this Decree must send a written notice to the 
Ministry of Natural Resources and Environment about the volume an d name of 
POPs before carrying out their activities. imports for each consignment.  
3. Organizations and individuals that produce persistent pollutants and 
raw materials, fuels, materials, products, goods, and equipment containing 
persistent pollutants, and  organizations and individuals using such persistent 
pollutants and raw materials, fuels, materials, products, goods, and equipment 71 
 
containing persistent pollutants as raw production materials have the following 
responsibilities:  
a) Annually, report to the  Ministry of Natural Resources and Environment 
on volumes and types of persistent pollutants and raw materials, fuels, materials, 
products, goods, and equipment containing persistent pollutants. Destruction is 
specified in environmental technical regulatio ns on limits of persistent pollutants 
in raw materials, fuels, materials, products, goods, and equipment. The report 
content is integrated into the environmental protection work report;  
b) Having a plan to stop production and use of persistent pollutants a nd 
raw materials, fuels, materials, products, goods, and equipment containing 
persistent pollutants in case the maximum limit is exceeded. permitted by 
regulations;  
c) Implement measures to collect, store, treat and safely manage persistent 
pollutants and raw materials, fuels, materials, products, goods, and equipment 
containing hazardous pollutants. prescribed decomposition;  
d) Transferring wastes containing persistent pollutants to organizations 
and individuals that can handle  them according to regulation s. 
4. Organizations and individuals that pollute the land environment are 
responsible for assessing, warning of risks and handling, renovating, and 
restoring the environment for the area of land contaminated with persistent 
pollutants according to Article 13 of this Decree.  
Article 42. Responsibilities of Ministries, ministerial -level agencies and 
provincial -level People's Committees in management of persistent pollutants 
and raw materials, fuels, materials, products, goods and equipment containing 
substanc es persistent pollution  
1. The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and organize the implementation of, registration for 
exemption from POPs and inspect and supervise the cessation of importation, 
product ion, and use of POPs as raw production materials according to 
regulations of POPs exemption registration; assessment of production and use 
needs of POPs; control generation sources, assess conformity and test for 
persistent pollutants and raw materials, fu els, materials, products, goods, and 
equipment containing persistent pollutants according to regulations of law; sign 
an agreement on recognition and mutual recognition of results of conformity 
assessment for raw materials, fuels, materials, products, good s, and equipment 
containing persistent pollutants with international and national organizations 
having capacity as prescribed by law.  
2. Responsibilities of relevant ministries, ministerial -level agencies, and 
provincial -level People's Committees:  
a) The M inistry of Industry and Trade, the Ministry of Finance (the 
General Department of Customs), other ministries, ministerial -level agencies, 72 
 
and the provincial People's Committees are responsible for coordinating with the 
Ministry of Natural Resources and Env ironment in organizing the 
implementation of the requirements on environmental protection, providing and 
sharing information in the field of industry and locality in charge of export, 
import, production, business, and use of persistent pollutants and raw m aterials. 
fuels, fuels, materials, products, goods, and equipment containing persistent 
pollutants as prescribed in Articles 38, 39, and 40 of this Decree and relevant 
laws;  
b) The Ministry of National Defense, the Ministry of Public Security, and 
the People's Committee of the province are responsible for assessing, 
identifying, warning of risks, handling, renovating, and restoring land areas 
contaminated with difficult decomposing due to history or unidentifiable 
organizations or individuals causing po llution as prescribed in Article 14 of this 
Decree.  
 
Section  4 
ENVIRONMENTAL PROTECTION IN IMPORTING, BREAKING USE 
OF VEHICLES, IMPORTING SCRAP  
 
Article 43. Objects and conditions on environmental protection for 
establishments importing used ships for demolition  
1. Entities permitted to import used ships for demolition must comply with the 
Government's regulations on the import and demolition of used ships.  
2. Conditions of physical facilities and technical infrastructure for 
environmental protection fo r shipbreaking facilities:  
a) There is a dedicated ship breaking area and equipment suitable for each 
type and tonnage of the ship, ensuring that there is no leakage or dispersal of 
untreated waste, and management outside the breaking area causing environm ental 
pollution of water, land, and air;  
b) There is an area to store materials and equipment after demolition with a 
ground -level that ensures no flooding; the floor is tight, not cracked, made of 
waterproof materials, durable enough to withstand the load  of the highest amount of 
materials and equipment as calculated. In the case of storage yards, there must be a 
system to collect and treat overflowing rainwater to ensure that it meets 
environmental technical regulations;  
c) Having a hazardous waste storage area; the area for storing ordinary 
industrial solid waste and domestic  solid waste generated in the process of ship 
demolition must meet the requirements as prescribed.  
3. There are measures to manage waste and scrap in  used ship breaking 
activities as follows:  73 
 
a) Collect fuel, oil, bilge water, ballast water, other liquids, and potentially 
incendiary and explosive materials. Take measures to ventilate and supply 
enough oxygen to enclosed spaces on the ship (such as carg o holds, double 
bottom, tank tanks) to ensure safe working conditions. This operation must be 
carried out during the entire demolition process;  
b) Removal of asbestos and PCBs: Before cutting the ship into parts, it is 
necessary to remove, collect and tran sport asbestos and PCBs from the cutting 
position. After parts of the ship have been brought ashore, all remaining asbestos 
and PCBs must continue to be collected when it is easier to reach. The asbestos 
removal and collection area must be enclosed to redu ce the dispersion of 
asbestos fibers into the surrounding environment, unauthorized persons are 
exempt from entry. Asbestos must be moistened before and during removal. 
Must arrange at least 02 employees who are fully equipped with labor protection 
equipme nt to remove asbestos, of which 01 person is responsible for 
humidification and 01 person is responsible for asbestos removal. The onshore 
asbestos removal area should be located in a separate area with the same 
procedure;  
c) Asbestos, after being removed,  must be stored in sealed specialized 
packages with at least 02 layers, then transported to hazardous waste storage and 
transferred for treatment in accordance with regulations;  
d) Liquid waste containing PCBs must be stored in rigid containers or 
storage devices placed on lifting plates and not allowed to be stacked. Waste 
storage area containing PCBs (solid and liquid form) must be isolated from other 
wastes and ensure safety before transferring for proper treatment;  
dd) Oil and fuel must be pumped to sep arate tanks or containers (not 
mixed) before being transferred to the storage and transfer area for treatment in 
accordance with regulations;  
e) Non -metallic materials extracted from metal must be identified, 
classified, and treated according to regulation s on waste management;  
g) Radioactive waste arising from the demolition process must be 
collected, stored, treated, and managed in strict accordance with regulations on 
the management of radioactive waste and used radioactive sources as prescribed 
by the L aw on Atomic Energy;  
h) After completing the demolition of the ship, within 45 days, the 
establishment must transfer all hazardous waste and industrial waste to be 
treated to a competent unit as prescribed.  
4. Shipbreaking facilities must have an environmental management 
system according to the national standard TCVN ISO 14001 or the international 
standard ISO 14001 certified.  
Article 44. Conditions on environmental protection for used seagoing 
ships imported for demolition  74 
 
1. Used seagoing ships i mported for demolition must satisfy the 
requirements on categories permitted to be imported according to the 
Government's regulations on import and demolition of used ships.  
2. Ships imported for demolition must satisfy the following requirements:  
a) Ensur e that radioactive waste and radioactive sources do not exceed the 
threshold as prescribed by the law on atomic energy;  
b) All C.F.C gas in the equipment must be recovered before being 
imported into Vietnam;  
c) Ballast water must not contain invasive alien  species or potentially 
invasive species on the list promulgated by the Ministry of Natural Resources 
and Environment;  
d) Do not contain weapons, ammunition, and explosives;  
d) All goods stored onboard have been removed.  
3. Satisfy national technical regulations on the environment for used 
seagoing ships imported for demolition. The certification of conformity with 
national technical regulations on the environment for used ships imported for 
demolition is carried out by a conformity certification organ ization in 
accordance with the law on the quality of products and goods.  
Article 45. Requirements on environmental protection and 
responsibilities of organizations and individuals importing scrap from 
abroad as raw production materials  
Organizations and individuals may only import scrap from abroad as raw 
production materials for their investment projects or production facilities and 
must satisfy the requirements for environmental protection specified in Clause 2, 
Article 71 of the Law on Environmental Pr otection. Some specific requirements 
and conditions for environmental protection are specified as follows:  
1. Having a production facility with technology and equipment for 
recycling and reusing scrap that meets environmental protection requirements as 
prescribed.  
2. Having technology and equipment to handle impurities accompanying 
imported scrap up to environmental technical regulations. In case there is no 
technology or equipment to treat impurities attached, it must be transferred to a 
unit with appropri ate functions for handling.  
3. Conditions on warehouse or storage yard for imported scrap:  
a) Warehouse for storing imported scrap:  
Having its own rainwater collection system; have a system to collect and 
treat all kinds of wastewater generated during the storage of scraps to ensure that 
they meet environmental technical regulations on wastewater as prescribed;  
Having a high ground level to ensure that there is no flooding; the floor 75 
 
surface in the scrap storage area is designed to prevent rainwater from 
overflowing from the outside; the floor must be sealed, waterproof, withstand 
the load of the highest amount of scrap according to the calculation;  
Having walls and partitions made of non -combustible materials; there is a 
roof to cover the sun and rain for t he entire waste storage area with non -
combustible materials; take measures or designs to limit the direct entry of wind 
into the interior;  
b) Storage yard for imported scrap:  
Having a system to collect and treat rainwater that overflows through the 
importe d scrap yard and other types of wastewater generated in the process of 
storing scrap, ensuring that it meets environmental technical regulations on 
wastewater as prescribed;  
Having a high ground level to ensure that there is no flooding; the floor 
must be sealed, waterproof, withstand the load of the highest amount of scrap 
according to the calculation;  
There are measures to minimize dust generated from the scrap storage 
yard.  
4. Having an environmental permit, which contains the content of using 
imported scrap as raw production materials, or the component environmental 
permit, which is a certificate of eligibility for environmental protection in the 
import of scrap as raw materials. production materials as prescribed at Point d, 
Clause 2, Article 42 of the  Law on Environmental Protection, except for the case 
specified in Clause 16, Article 168 of this Decree.  
5. Environmental protection deposit as prescribed in Article 46 of this 
Decree.  
6. Organizations and individuals importing scrap may choose to go thro ugh 
customs procedures at the customs office managing the import border gate or the 
customs office where the production facility using imported scrap is located; may 
choose a location for quality inspection of imported scrap at the border gate of 
importati on or at the customs office where there is a production establishment 
using imported scrap or at a production establishment using imported scrap. 
Imported scrap is only allowed to be unloaded at the port when it meets the 
following requirements:  
a) Organiz ations and individuals that receive goods on the Manifest of Goods 
(E-Manifest) have an environmental permit or an environmental permit for the 
components specified in Clause 4 of this Article which is still valid and has a 
remaining volume of imported scr ap; 
b) Organizations and individuals receiving goods on the E -Manifest have a 
written certification that they have deposited the imported scrap as security for the 
scraps stated on the E -Manifest according to the provisions at Point b, Clause 3, 
Article 46  of this Decree.  76 
 
The customs authority is responsible for checking the information specified at 
Points a and b of this Clause before allowing scrap to be unloaded at the port.  
7. Assessment of conformity with environmental technical regulations for 
imported scrap as raw production materials  
a) Organizations assessing the conformity with environmental technical 
regulations for imported scrap for use as raw production materials include 
Appointed assessment organizations according to the provisions of law; Foreign 
assessment organizations are recognized according to the provisions of law;  
b) An environmental technical regulation conformity assessment 
organization may provide services in the Vietnamese territory after satisfying 
the conditions prescribed  by law on product and goods quality, regulations of 
The Government on business conditions assess the conformity and regulations 
of the law on specialized inspection.  
8. Organizations and individuals that import scrap from abroad for use as 
production mate rials shall declare information, submit electronic dossiers and 
documents, and carry out import procedures in accordance with the law on 
customs. In addition to the documents prescribed by law on customs, the import 
scrap dossier must contain the following  documents:  
a) Quality certificate of the exporting country (if any); certificate of origin 
(if any); scrap photo or description;  
b) Written confirmation of the security deposit for imported scrap (scanned 
from the original with authentication of the elect ronic signature of the importing 
organization or individual);  
c) Certificate of quality assessment of imported scrap shipments;  
d) A written commitment on the re -export or treatment of scrap in case the 
imported scrap does not meet the requirements for env ironmental protection.  77 
 
9. Organizations and individuals that import and use imported scrap as 
raw production materials have the following responsibilities:  
a) Import the right type and volume of scrap permitted for import 
specified in the environmental per mit or the environmental permit with the 
components specified in Clause 4 of this Article;  
b) Using all imported scrap as raw production materials to produce 
products and goods as prescribed in this Decree;  
c) To identify and classify waste generated from the process of using 
imported scrap in order to have an appropriate waste treatment plan;  
d) Take responsibility before law for the import and use of imported scrap 
as raw production materials; coordinate with professional associations in 
carrying out envi ronmental protection work according to regulations; pay all 
expenses for handling imported scrap in violation.  
10. The Ministry of Natural Resources and Environment shall issue a 
form of written commitment on the re -export or treatment of infringing imported 
scrap; provide technical guidance on conformity assessment and certification, 
recognition of conformity assessment organizations with environmental 
technical regulations, and quality assessment of imported scrap as raw 
production materials specifi ed in this Article.  
Article 46. Environmental protection deposit in the import of scrap 
from abroad as raw production materials  
1. Purpose and method of deposit for environmental protection in 
importing scrap from abroad as raw production materials:  
a) Dep osit for environmental protection in the import of scrap from 
abroad for use as raw production materials in order to ensure that organizations 
and individuals importing scrap are responsible for handling risks and risks of 
environmental pollution that may be generated from a shipment of imported 
scrap;  
b) Organizations and individuals importing scrap shall deposit at the 
Vietnam Environmental Protection Fund or the provincial environmental 
protection fund or the credit institution where the organization or individual 
opens a transaction account (below: referred to as credit institutions). The 
deposit is made according to each shipment or each contract with information 
and value of the imported scrap shipment;  
c) The deposit shall be paid and refunded in Vietnam Dong and enjoy the 
agreed interest rate as prescribed by law from the date of deposit.  
2. The deposit for environmental protection in the import of scrap from 
abroad as raw production materials:  
a) Organizations and individuals importing scrap iron  and steel must make 
an environmental protection deposit in the import of scrap from abroad as raw 78 
 
production materials with the amount specified as follows:  
Import volume of less than 500 tons must make a deposit of 10% of the 
total value of imported scra p shipments;  
Import volumes from 500 tons to less than 1,000 tons must pay a deposit 
of 15% of the total value of imported scrap shipments;  
Import volume of 1,000 tons or more must make a deposit of 20% of the 
total value of imported scrap shipments;  
b) Or ganizations and individuals importing scrap paper and scrap plastic 
must make an environmental protection deposit in the import of scrap from 
abroad as raw production materials with the amount specified as follows:  
Import volume of less than 100 tons must pay a deposit of 15% of the 
total value of imported scrap shipments;  
Import volume from 100 tons to less than 500 tons must make a deposit of 
18% of the total value of imported scrap shipments;  
Import volume of 500 tons or more must make a deposit of 20% o f the 
total value of imported scrap shipments;  
c) Organizations and individuals importing scrap other than those 
specified at Points a and b of this Clause shall make an environmental protection 
deposit in the import of scrap from abroad for use as raw pro duction materials 
with the specified amount is 10% of the total value of imported scrap shipments.  
3. Process of depositing for environmental protection in importing scrap 
from abroad as raw production materials:  
a) Organizations and individuals importing scrap must make an escrow 
deposit before the scrap is unloaded at the port in the case of import through a 
sea border gate or into the Vietnamese territory in other cases;  
b) Immediately after receiving the deposit, the credit institution shall 
certify the  deposit of the scrap -importing organization or individual in the 
written request for a deposit of the organization or individual. Contents of 
confirmation of deposit must fully show the following information: blocked 
account name; the total amount of the deposit calculated according to the 
provisions of this Decree; the time limit for the refund of the deposit shall be 
made immediately after the goods are cleared; account blockade period (if any);  
c) The credit institution shall send 02 originals to the or ganization or 
individual that imports scrap of the written certification of having deposited the 
security deposit for imported scrap. Organizations and individuals importing 
scrap shall send 01 original of the written certification of depositing the deposi t 
to the customs office where customs clearance procedures are carried out.  
4. Management and use of the deposit for environmental protection in the 
import of scrap from abroad as raw production materials:  79 
 
a) The credit institution where the organization o r individual importing 
scrap makes an environmental protection deposit in the import of scrap from 
abroad for use as raw production materials is responsible for freezing the deposit 
in accordance with regulations of law;  
b) The credit institution that has received the deposit is responsible for 
returning the deposit amount to the organization or individual importing the 
scrap after receiving the written request from the organization or individual 
importing the scrap enclosed with the notice. information on the number of the 
import customs declaration for the imported scrap consignment that has been 
cleared or information on the cancellation of the import customs declaration by 
the customs authority or the completion of the decision on re -export or 
destructio n according to the regulations. regulations on waste management;  
c) In case imported scrap is not cleared for customs clearance and cannot 
be re -exported, the deposit shall be used to pay the cost of handling and 
destruction of infringing scrap. If the dep osit for imported scrap is not enough to 
pay all expenses for handling and destroying infringing imported scrap, the 
organization or individual that imports scrap is responsible for paying the 
expenses. Products after treatment, destruction of imported scr ap with value in 
violation will be confiscated according to the provisions of law (excluding the 
part of products made from other raw materials, additives, or scraps mixed 
according to the production process of the unit designated to handle the 
infringing imported scrap) and cannot be accounted into the cost of handling and 
destroying the infringing imported scrap.  
The treatment and destruction of imported scrap in violation must comply 
with regulations on waste management. Funds for the treatment and destr uction 
of infringing scraps due to the violating organization or individual's agreement 
with the unit capable of handling infringing waste and scrap; in case it is not 
possible to identify the violating organization or individual importing scrap, the 
expen ses for treatment and destruction of infringing imported scrap shall be paid 
by the State according to the provisions of law. The unit handling and destroying 
imported scrap in violation is stated in the sanctioning decision of the 
provincial -level People' s Committee or the person competent to sanction 
administrative violations of the Ministry of Natural Resources and Environment, 
together with the following measures: measures to remedy the consequences of 
violations according to the provisions of law.  
The treatment and destruction of imported scrap in violation must comply 
with regulations on waste management. Violating organizations and individuals 
are responsible for reaching an agreement with competent units to treat and 
destroy infringing wastes and scr aps; The unit handling and destroying imported 
scrap in violation must be recorded in the sanctioning decision of the person 
competent to sanction administrative violations as prescribed by law. In case it 
is not possible to identify the violating organiza tion or individual importing 
scrap, the handling and destruction of the violating imported scrap shall be 80 
 
carried out by the State according to the provisions of law;  
d) In case the deposit is left over after payment to handle the infringing 
shipment of im ported scrap, within 5 days from the date of receipt of a written 
opinion on the completion of the handling process, destroy a scrap of the 
sanctioned competent authority in accordance with the law on sanctioning of 
administrative violations in the field o f environmental protection, the credit 
institution is responsible for returning the remaining deposit for organizations 
and individuals importing scrap.  
 
Section  5 
ENVIRONMENTAL PROTEC TION FOR PRODUCTION,  BUSINESS 
ZONES, SERVICES, IND USTRIAL CLUSTERS, AN D IN SOME OTHER 
SECTORS  
Article 47. General regulations on environmental protection 
applicable to concentrated production, business and service zones  
1. The functional subdivisions in the concentrated production, business, 
and service zones must be planned t o ensure the following conditions: minimize 
the influence of various types of production, business, and services that are 
likely to cause environmental pollution with other types of production, business, 
and services; favorable for the prevention and respo nse to environmental 
incidents; enhancing reuse, waste recycling, energy -saving, and industrial 
symbiosis.  
2. Projects in concentrated production, business, and service zones have 
an environmental safety distance according to national technical regulations  on 
technical infrastructure works to minimize the possibility of affecting other 
facilities and socio -economic objects around the concentrated production, 
business, and service zones.  
3. Encourage the reuse of waste, application of cleaner production 
technology, energy -saving, industrial symbiosis, and circular economy.  
4. Encourage new establishment or transformation of concentrated 
production, business and service zones according to the model of eco -industrial 
parks.  
Article 48. Requirements on techn ical infrastructure for 
environmental protection of concentrated production, business and service 
zones and industrial clusters  
1. Technical infrastructure for environmental protection shall be arranged 
in accordance with the types of investment in concentrated production, business 
and service zones, industrial clusters, ensuring to minimize adverse impacts on 
the surrounding environment. and must be built and completed before the 
facilities in the concentrated production, business, service and indus trial clusters 81 
 
come into operation.  
2. The rainwater collection and drainage system must satisfy the 
following requirements:  
a) Separate the rainwater drainage system from the wastewater collection 
and drainage system;  
b) There must be a manhole for sedime ntation and separation of oil scum 
before discharging into the general rainwater drainage system of the area;  
c) Regular dredging, maintenance, and periodic maintenance to ensure 
that it is always in normal operating conditions.  
3. The post -treatment waste water collection and drainage system must 
satisfy the following environmental protection requirements:  
a) The location and core of manholes must be arranged appropriately to 
connect with wastewater discharge points of establishments, ensuring the 
wastewate r drainage capacity of concentrated production, business and service 
zones; the wastewater connection location is located on the collection route of 
the drainage system of the concentrated production, business and service zones 
and located outside the land  of the establishments;  
b) The wastewater collection and drainage system after treatment must be 
solid, waterproof, and prevent leakage of wastewater into the environment 
according to standards, construction design regulations, or product quality 
standard s; 
c) The point of discharge of treated wastewater must have a signboard, a 
working floor of at least 01 m2, and a walkway to facilitate the inspection and 
control of waste sources;  
d) Regular dredging, maintenance, and periodic maintenance to ensure it 
is always in normal operating conditions.  82 
 
4. The centralized wastewater treatment system must satisfy the following 
environmental protection requirements:  
a) It is allowed to divide into many units (modules) in accordance with the 
schedule of filling and operation of concentrated production, business, service 
zones, industrial clusters, but must ensure to treat the entire amount of water. 
generated waste meets environmental technical regulations and is in accordance 
with the issued environmental permit;  
b) Having an independent electric meter;  
c) Having an automatic and continuous monitoring system as prescribed 
in Clause 3, Article 97 of this Decree;  
d) To be regularly operated in accordance with the technological process 
to ensure that wastewater is treat ed up to environmental technical regulations 
before being discharged into the receiving source; must be maintained and 
maintained periodically to ensure normal operation;  
dd) The sludge of the centralized wastewater treatment system must be 
collected, tran sported and treated, or reused according to the provisions of the 
law on sludge management;  
e) The equipment for collection and storage of domestic  solid waste, 
ordinary solid waste, hazardous waste, and exhaust gas treatment (if any) must 
satisfy correspo nding requirements for environmental protection. prescribed in 
Chapter V of this Decree;  
g) The operation of the centralized wastewater treatment system must 
have an operation log that fully records the following contents: flow (input, 
output), characteris tic parameters of input, and output wastewater. (if any); 
electricity consumption; type and amount of chemicals used, sludge generated. 
Operation log is written in Vietnamese and kept for at least 02 years;  
h) The input wastewater standards of the centrali zed wastewater treatment 
system must be recorded in the decision approving the environmental impact 
assessment report, the environmental permit, the environmental registration 
certificate, and the regulations on environmental protection of concentrated 
production, business, and service zones, and industrial clusters.  
5. Having facilities and equipment to prevent and respond to 
environmental incidents as prescribed by law.  
Article 49. Responsibilities of agencies, organizations and individuals 
in environment al protection in concentrated production, business and 
service zones and industrial clusters  
1. Chủ đầu tư xây dựng và kinh doanh hạ tầng khu sản xuất, kinh doanh, 
dịch vụ tập trung có trách nhiệm thực hiện quy định tại khoản 4 Điều 51 Luật 
Bảo vệ môi trườ ng; chủ đầu tư xây dựng và kinh doanh hạ tầng cụm công 
nghiệp có trách nhiệm thực hiện quy định tại khoản 3 Điều 52 Luật Bảo vệ môi 83 
 
trường. Một số nội dung được quy định cụ thể như sau:  
a) The receipt of a new project or an increase in the capacity of an 
existing project that generates wastewater into concentrated production, 
business, and service zones or industrial clusters must be compatible with the 
ability to receive and treat wastewater from a centralized wastewater treatment 
system. New projects in c oncentrated production, business and service zones, 
industrial clusters must connect wastewater to the collection point before being 
sent to the centralized wastewater treatment system;  
b) Do not accept new projects or increase the capacity of existing pro jects 
that generate production wastewater in concentrated production, business, and 
service zones, or industrial clusters in the following cases: new projects have 
business lines, not on the list of industries permitted to attract investment of 
concentrate d production, business and service zones or industrial clusters; 
concentrated production, business and service zones, industrial clusters that do 
not have or do not meet one of the requirements for environmental protection 
infrastructure specified in Artic le 48 of this Decree;  
c) The wastewater must not be diluted before the wastewater discharge 
point of concentrated production, business and service zones, or industrial 
clusters;  
d) Concentrated production, business and service zones, industrial clusters 
that were operating before the effective date of this Decree without a centralized 
wastewater treatment system and production and business establishments. 
Internal businesses and services that have been exempted from connection 
according to the provisions of the law are only allowed to accept new 
investment projects after meeting the provisions of Article 48 of this Decree, 
unless the new investment projects do not meet the requirements of Article 48 of 
this Decree. generating industrial wastewater discharg ed into the environment 
when it is officially put into operation;  
dd) The investor in the construction and operation of infrastructure of the 
concentrated production, business, and service zone, which has approved the 
results of an appraisal of the environ mental impact assessment report or is 
granted an environmental permit, prior to the plan for registration of certification 
of an eco -industrial park shall review, evaluate and make adjustments according 
to the provisions of Articles 27 and 30 of this Decre e (if any);  
e) Perform other specific responsibilities as prescribed in this Decree.  
2. Owners of establishments operating in concentrated production, 
business, and service zones or industrial clusters are responsible for complying 
with the provisions of C lause 1, Article 53 of the Law on Environmental 
Protection. Some of the contents are specified as follows:  
a) New investment projects in concentrated production, business, and 
service zones, industrial clusters must preliminarily treat and connect 84 
 
wastewat er to the centralized wastewater treatment system of the production and 
business zones; concentrated services, industrial clusters. Wastewater 
transferred for treatment must have the volume and pollution parameters not 
exceeding the input wastewater standa rd of the centralized wastewater treatment 
system; satisfy the conditions in the written agreement with the investor to build 
and trade in the infrastructure of the production, business, service concentration 
zone, industrial cluster and the environmental license of the production, 
business, and service concentration or cluster of industries; unless the facility 
has been exempted from connection according to regulations;  
b) The operating establishments have connected the treated wastewater to 
the wastewater  drainage system and the establishments have been exempted 
from connection to the centralized wastewater collection, drainage, and 
treatment system of the production area. For  concentrated  production, business, 
services  area, and industrial clusters according to the previous regulations, they 
must fulfill the responsibility for establishments exempted from the connection 
as prescribed at Point b, Clause 2, Article 52 of the Law on Environmental 
Protection.  
c) Operating establishments that discharge tr eated wastewater into the 
rainwater collection and drainage system must coordinate with the investor in 
the construction and business of infrastructure of the industrial cluster in 
performing the responsibilities specified at Point a, Clause 2, Article 51 of the 
Law on Environmental Protection.  
3. Management boards of industrial parks, export processing zones, and 
high-tech zones of provinces and centrally -run cities shall have to comply with 
the provisions of Clauses 2 and 3, Article 51 of the Law on Envir onmental 
Protection, and have responsibilities. the following other duties:  
a) To guide and inspect the infrastructure business investors in 
concentrated production, business and service zones, and the owners of 
establishments inside in performing the resp onsibilities specified in Clauses 1 
and 2 of this Article;  
b) During the process of approving investment policies or deciding on 
investment according to competence, for new projects or projects in operation to 
increase capacity that generates wastewater in  production, business, and service 
zones. The centralized service must consider compliance with the requirements 
on environmental protection infrastructure specified in Article 48 of this Decree.  
4. The district -level People's Committee is responsible for implementing 
the provisions of Clause 5, Article 52 of the Law on Environmental Protection 
and has the following other responsibilities:  
a) Guiding and inspecting industrial cluster infrastructure investors and 
establishment owners in industrial clusters i n performing the responsibilities 
specified in Clauses 1 and 2 of this Article;  85 
 
b) In the process of receiving, handling, or coordinating in handling 
investment procedures, request the competent authority to consider new projects 
or projects in operation to increase capacity that generate wastewater in the 
concentrated production, business, services area, and industrial clusters must 
conform to the requirements on environmental protection infrastructure 
specified in Article 48 of this Decree.   
5. Provincia l-level People's Committees are responsible for implementing 
the provisions of Clause 5, Article 51, Clause 6, Article 52 of the Law on 
Environmental Protection and have the following other responsibilities:  
a) In the process of directing the approval of i nvestment decisions according 
to its competence for new projects or projects in operation to increase capacity that 
generates wastewater in concentrated production, business, and service zones; must 
request specialized agencies to consider the conformity w ith the requirements on 
environmental protection infrastructure specified in Article 48 of this Decree;  
b) Guiding and dealing with requests of investors in construction and trading 
of infrastructure in production, business, service centers, industrial clu sters on the 
layout of the land location of the incident lake and approving to adjust the planning 
of concentrated production, business, and service zones, and industrial clusters;  
c) Formulate a roadmap for relocation of people living in concentrated 
production, business and service zones, and industrial clusters (if any); the roadmap 
for transforming craft villages into industrial clusters, concentrated production, 
business, and service zones according to the provisions of Point c, Clause 6, Article 
52 of  the Law on Environmental Protection.  
Article 50. Collecting opinions from specialized agencies in charge of 
environmental protection for on -site wastewater treatment works and 
equipment  
1. The agency that appraises construction designs and issues construction 
permits in the cases specified in Clause 2, Article 59 and Clause 1, Article 66 of 
the Law on Environmental Protection collects written opinions from a 
specialized agency in charge of environmental protection. environmental 
protection at the s ame level, for the project's dossiers on the works, on -site 
wastewater treatment equipment, and equipment for temporary collection and 
storage of wastes of the project as prescribed in Clause 2 of this Article, unless 
the project approved the results of an  appraisal of the environmental impact 
assessment report or issued an environmental permit.  
2. Dossier for opinions on on -site wastewater treatment works, equipment, 
equipment for collection and temporary storage of waste includes:  
a) A written request from the agency that appraises the construction 
design and issues the construction permit to the specialized environmental 
protection agency of the same level for comments on the on -site wastewater 
treatment works, equipment, and temporarily collected and stored waste;  86 
 
b) Report on the plan, basic design dossier, explanation of treatment 
technology of the work, on -site wastewater treatment equipment meeting 
technical regulations on environmental protection for treatment equipment; On -
site wastewater include s a plan to discharge treated wastewater into the 
receiving environment, a plan to reuse wastewater, a plan to treat sludge and 
residue arising from the wastewater treatment process, a plan to treat odors, 
emissions and harmful chemicals (if any); The plan  is enclosed with a detailed 
description of the area, equipment for collection and temporary storage of waste.  
3. The project investor is responsible for providing the components of the 
application for comments on the project, the on -site wastewater treatm ent 
equipment, the equipment for collecting and temporarily storing the project's 
waste specified at Points b Clause 2 of this Article to the construction design 
appraisal agency and construction permit granting agency.  
4. Within 07 days from the date of r eceipt of the written request for 
opinions from the construction design appraisal and construction permit -
granting agency, the environmental protection agency shall send a written reply 
to the construction, on -site wastewater treatment equipment, and equip ment for 
temporary collection and storage of waste for construction design appraisal 
agencies and construction permit issuance. In case of disagreement, the reason 
must be clearly stated.  
Article 51. Use of livestock waste as organic fertilizer, water for crop 
irrigation or other purposes  
1. Solid wastes of organic origin and livestock wastewater arising from 
livestock production by households and used as fertilizers, irrigation water for 
crops, or other purposes must not cause environmental pollution.  
2. The use of solid wastes of organic origin and livestock wastewater 
generated from farm animals as organic fertilizers, water for irrigation, or as 
feed for aquatic animals is done as follows:  
a) Livestock waste can only be used as fertilizer, water for crop  irrigation, 
or as feed for aquatic animals when it meets the national technical regulations 
specified in Clause 4 of this Article;  
b) The transportation of livestock waste out of the livestock farm must use 
means and equipment that is tight -fitting, does not spill, leak, and pollute the 
environment.  
3. The use of livestock solid wastes of organic origin arising from farm 
animal husbandry activities for use as raw materials, fuel, and materials for 
production activities must satisfy the provisions of Point b, Clause 2 of this 
Article and do not pollute the environment during use.  
4. The Ministry of Agriculture and Rural Development is responsible for 
promulgating national technical regulations on livestock solid waste of organic 
origin used for plants or as feed for aquatic animals; National technical 87 
 
regulation on livestock wastewater used for crops.  
Article 52. Environmental safety distance from residential areas  
1. Environmentally safe distances include:  
a) For production, business, service, and warehouse establishments 
specified at Points a, b, c and d, Clause 2, Article 53 of the Law on 
Environmental Protection, is the minimum distance from the production and 
business establishment. businesses, services, and warehouses to existing and 
legal works of resid ential areas, including separate houses, apartment buildings, 
educational and medical facilities to ensure environmental safety;  
b) For production, business, service establishments, and warehouses that 
are at risk of polluting water sources specified at Po int dd, Clause 2, Article 53 
of the Law on Environmental Protection, the environmentally safe distance is 
the minimum distance from the point of discharge of wastewater of production, 
business, service establishments, and warehouses to the point of water i ntake, 
urban water supply works.  
2. Xác định khoảng cách an toàn về môi trường đối với khu dân cư:  
a) Environmentally safe distances from production, business, service 
establishments, and warehouses specified at Points a, b and c, Clause 2, Article 
53 of t he Law on Environmental Protection to residential areas are determined 
based on the depending on the scale and capacity of the production, business, 
service, and warehouse facilities and the characteristics of flammable and 
explosive substances, radioactiv e substances, radioactive wastes or radioactive 
equipment, substances that are toxic to humans. with people and creatures;  
b) Environmentally safe distances from production, business, service 
establishments, and warehouses specified at Points d and dd, Cla use 2, Article 
53 of the Law on Environmental Protection to residential areas are determined 
based on scale, the capacity of production, business, service, and warehouse 
facilities and nature of dust, unpleasant odors, noise levels and risk of polluting 
water sources used for domestic water supply purposes ;  
c) In case of production, business, service establishments, and warehouses 
having multiple emission sources, the environmental safety distance is 
determined from the nearest emission source of productio n, business, and 
service establishments. and treasures to residential areas. In case the emission 
source cannot be identified or there is no emission source, the environmental 
safety distance is determined from the location of the wall of production, 
busin ess, service, and warehouse, house, or construction containing the source. 
generating pollution, containing flammable, explosive, radioactive substances, 
radioactive waste or radioactive equipment, substances toxic to people and 
living things;  
d) Productio n, business, service establishments, and warehouses that fall 
into two or more cases at the same time as prescribed at Points a, b, c, and d, 88 
 
Clause 2, Article 53 of the Law on Environmental Protection must apply to the 
maximum distance value.  
3. Environme ntally safe distances from production, business, service 
establishments, and warehouses to residential areas specified at Points a, b, c, 
and dd, Clause 2, Article 53 of the Law on Environmental Protection shall be 
implemented according to regulations on t he safe distance of the law on fire 
prevention and fighting safety, management of explosives, radiation safety, the 
safety of chemicals, water resources and other relevant laws.  
4. The Ministry of Natural Resources and Environment shall assume the 
prime re sponsibility for formulating and promulgating environmental technical 
regulations on environmental safety distances from residential areas of 
production, business, service establishments, and warehouses as prescribed. at 
Point d, Clause 2, Article 53 of th e Law on Environmental Protection, except for 
the provisions in Clause 3 of this Article.  
5. The environmental safety distance of investment projects in production, 
business, service establishments, and warehouses shall be considered and 
applied by competent authorities when approving the location for planning 
research or development. introduce the location of the implementation of the 
investment project; or when approving, deciding on investment policies, making 
investment decisions, or granting inv estment registration certificates.  
Article 53. The best roadmap for applying existing techniques  89 
 
1. Before December 31, 2022, the Ministry of Natural Resources and 
Environment shall submit to the Prime Minister for consideration and approval a 
plan to implement the roadmap for applying the best available techniques in 
Vietnam for the following types o f production:  
a) Processing minerals using toxic chemicals;  
b) Production of cast iron, steel, metallurgy (except rolling, drawing, 
casting from raw materials);  
c) Manufacture of paper and pulp;  
d) Manufacture of fabrics, yarns, textiles (with dyeing, was hing, grinding, 
or cooking processes);  
d) Production of cement.  
2. The Ministry of Natural Resources and Environment shall coordinate 
with the Ministry of Science and Technology and other relevant ministries and 
branches in promulgating the best available technical guidance according to the 
plan approved by the Prime Minister.  
3. Owners of investment projects, establishments of the type of 
production, business, and services specified in Clause 1 of this Article shall have 
to apply the best available techniq ues according to the roadmap in the technical 
guidance issued by the Ministry of Natural Resources and Environment.  
4. To encourage investment project owners and establishments not 
belonging to the type of production, business, or service specified in Cla use 1 of 
this Article to actively research and apply the best available techniques in the 
group of developed industrialized countries.  
Article 54. Specific requirements for environmental protection in trial 
operation, waste management, use of waterless gr ound drilling fluids, and 
environmental monitoring for oil and gas exploration, extraction and 
transportation activities, and related services at sea  
1. Regulations on trial operation:  
a) Environmental protection works of offshore oil and gas exploitation 
projects are not subject to trial operation;  
b) If the project specified in point a of this clause is subject to the issuance 
of an environmental permit, an application for an environmental permit must be 
made (including waste treatment works and other env ironmental protection 
works). ) before mining starts;  
c) Oil and gas projects and facilities that have wastewater connected to a 
centralized wastewater treatment system for which this system has been granted 
an environmental license or a component environm ental permit is not prepared 
dossiers of application for environmental permits.  
2. Regulations on waste management:  90 
 
a) Hazardous and non -hazardous wastes arising from oil and gas 
exploration and exploitation activities shall be brought back to the mainland  by 
ships with certificates of dangerous goods transportation issued by competent 
state management agencies. Hazardous wastes must and after being transported 
to the shore be transferred to a unit with treatment function;  
b) The management of waste from oi l and gas exploration and extraction 
activities not specified at Point a of this Clause shall comply with relevant laws.  
3. Regulations on environmental monitoring:  
a) When conducting oil and gas activities at sea, organizations and 
individuals are not req uired to perform automatic wastewater monitoring for 
extracted water; frequency of periodical monitoring for the mined and 
discharged water at least once every 3 months with the parameters complying 
with the specific environmental technical regulations for  the extracted water 
from oil and gas works at sea;  
b) The environmental monitoring for oil and gas exploration and 
production activities other than those specified at Point a of this Clause must 
comply with relevant laws.  
Article 55. Environmental protection in burial and cremation 
activities  
1. Burial and cremation areas must comply with the Government's 
regulations on construction, management, and use of cemeteries and cremation 
facilities, except for the special cases specified in Clause 3 of thi s Article.  
2. Investment projects in burial and cremation service establishments must 
satisfy the following environmental protection requirements:  
a) The burial site does not affect the water supply for daily life; cremation 
establishments must be located at the end of the prevailing wind direction 
compared to residential areas;  
b) Investment projects in cremation service establishments must have 
opinions on technology in accordance with the law on technology transfer;  
c) Emissions generated from cremation must be treated up to 
environmental technical regulations;  
d) Solid waste generated from burial and cremation establishments must 
be collected and treated to ensure environmental protection requirements;  
dd) Cemeteries and cremation establishments must ens ure the ratio of 
trees and grass in accordance with the law on construction; have a separate 
collection and drainage system for rainwater;  
e) The environmentally safe distance from the fence of the cemetery or 
crematorium to residential areas and public wo rks must ensure technical 
regulations on construction planning.  91 
 
3. The burial and cremation of ethnic minorities and religious followers at 
the premises of churches, pagodas, religious shrines, and other religious 
establishments shall comply with the provi sions of the law on beliefs and 
religions and must satisfy the requirements for environmental protection 
specified at Points c and d, Clause 2 of this Article. Provincial -level People's 
Committees shall guide burial and cremation activities in accordance w ith 
customs, practices, and beliefs and ensure environmental sanitation.  
 
Chapter V 
WASTE MANAGEMENT  
 
Section  1 
GENERAL PROVISIONS ON WASTE MANAGEMENT  
Article 56. General requirements for solid waste management  
The prevention, reduction, classification, collection, transportation, reuse, 
recycling, and treatment of solid waste must satisfy the requirements specified in 
Clause 1, Article 72 of the Law on Environmental Protection and a number of 
regulations. specify the following:  
1. Discarded products and solid waste must be managed to reduce 
exploitation and use of natural resources and minimize adverse impacts on the 
environment according to the criteria of the circular economy specified in 
Article 138 of this Decree.  
2. Minimizing solid waste generated through the application of solutions 
to increase production efficiency or product use efficiency.  
3. The use of discarded products and solid waste generated in production, 
business, service, and consumption activities must follow the principle of 
making th e most of the value of discarded products and solid waste through the 
application of solutions in the following order of priority:  
a) Reuse of discarded products;  
b) Repair, maintain, maintain or upgrade defective products or old 
products to prolong their use time;  
c) Make use of components and components of discarded products;  
d) Recycling solid waste to recover raw materials, fuel, and materials in 
service of production activities according to the provisions of law;  
dd) Treating solid waste in combination  with energy recovery in 
accordance with law;  
e) Bury solid waste according to the provisions of law.  
4. Encourage the application of digital transformation solutions, 
development, and application of business models based on digital platforms to 92 
 
promote ge neration reduction, reuse, classification, collection, transportation, 
recycling, and solid waste treatment.  
Article 57. General requirements for wastewater management  
The prevention, reduction, collection, reuse, and treatment of wastewater 
must satisfy the requirements specified in Clause 2, Article 72 of the Law on 
Environmental Protection and some specific regulations as follows:  
1. Wastewater must be managed to reduce exploitation, increase the 
efficiency of water resource use, and minimize adverse im pacts on the 
environment.  
2. Maximize the value of wastewater arising from production, business, 
service, and daily -life activities through the application of solutions in the 
following order of priority:  
a) Treat and reuse wastewater directly for producti on, business, and 
service activities in accordance with law;  
b) Treating and transferring wastewater for reuse for other production, 
business, and service activities as prescribed by law;  
c) Transfer to another unit for processing and reuse in accordance w ith 
law; 
d) Treat and discharge wastewater to meet technical regulations on the 
environment.  
3. Works and equipment for prevention and response to environmental 
incidents with wastewater must be able to store wastewater or have other 
solutions to ensure no  leakage of wastewater or discharge of untreated 
wastewater that meets technical regulations on the environment, meets 
standards, design regulations on construction, or standards on quality of 
products and goods. Do not share facilities and equipment for p revention and 
response to environmental incidents for wastewater with rainwater collection, 
storage and drainage works, and fire prevention and fighting water storage 
facilities.  
 
Section 2 
MANAGEMENT OF DOMESTIC SOLID WASTE  
Article 58. Domestic  solid waste management of agencies, 
organizations, establishments, concentrated production, business and 
service zones, industrial clusters  
1. Agencies, organizations, production, business and service 
establishments, investors in the construction and busi ness of infrastructure in 
concentrated production, business and service zones and industrial clusters that 
generate waste from daily -life activities and offices with a total volume of less 93 
 
than 300 kg/day may choose the form of domestic  solid waste managem ent such 
as households and individuals specified in Article 75 of the Law on 
Environmental Protection or management according to regulations. specified in 
Clause 2 of this Article.  
2. Agencies, organizations, production, business and service 
establishments , investors in the construction and business of infrastructure in 
concentrated production, business and service zones, industrial clusters that 
generate solid waste daily -life activities, except for the case specified in Clause 
1 of this Article, must tran sfer domestic  solid waste to the following entities:  
a) Establishments providing collection and transportation services 
selected by local authorities as prescribed in Clause 1, Article 77 of the Law on 
Environmental Protection;  
b) Establishments providing collection and transportation services that are 
not the subjects specified at Point a of this Clause but have a contract to transfer 
domestic solid waste to a transport facility selected by the local government 
according to regulations. in Clause 1, Articl e 77 of the Law on Environmental 
Protection;  
c) Establishments providing collection and transportation services that do 
not fall into the categories specified at Point a of this Clause but have a transfer 
contract with an establishment that reuses, recycle s, and treats domestic  solid 
waste specified in Point a of this clause;  
d) Establishments providing waste collection, transportation, and 
treatment services other than those specified in Clause 2, Article 78 of the Law 
on Environmental Protection;  
dd) The treatment facility selected by the local government according to 
the provisions of Clause 2, Article 78 of the Law on Environmental Protection 
by means of transport that meet environmental protection requirements as 
prescribed by the Ministry of Natural Re sources and Environment;  
e) Establishments producing animal feed or producing fertilizers suitable 
for food waste.  
3. Agencies, organizations, production, business and service 
establishments, investors in the construction and business of infrastructure of 
production, business, and concentrated service zones, industrial clusters as 
prescribed in Clause 2 This is responsible for contracting collection, 
transportation, and disposal services; pay the service price according to the 
service contract and according  to the specific regulations of the local 
government.  
4. Establishments providing collection and transportation services as 
prescribed at Point a, Clause 2 of this Article have the following responsibilities:  
a) Sign collection, transportation, and treatme nt service contracts with 
agencies, organizations, production, business and service establishments, 94 
 
investors in the construction and business of infrastructure of production and 
business zones, concentrated services, industrial clusters that generate domestic  
solid waste;  
b) Collect and transport domestic  solid waste to a treatment facility 
selected by the local government according to the provisions of Clause 2, Article 
78 of the Law on Environmental Protection;  
c) Pay the cost of domestic  solid waste  treatment according to the 
regulations of the local government, except for waste capable of reuse and 
recycling which is classified according to the provisions of Clause 1, Article 75 
of the Law on Environmental Protection.  
5. Establishments providing co llection and transportation services as 
prescribed at Point b, Clause 2 of this Article have the following responsibilities:  
a) Sign collection, transportation, and treatment service contracts with 
agencies, organizations, production, business and service establishments, 
concentrated production, business and service zones, and developing industrial 
clusters. generation of domestic  solid waste;  
b) Collect and transport domestic solid waste to gathering points and 
transfer stations by means and equipment meet ing technical requirements on 
environmental protection as prescribed by law;  
c) Pay the cost of transportation and treatment of domestic solid waste 
according to the regulations of the local government, except for waste capable of 
being reused or recycled which is classified according to the provisions of 
Clause 1, Article 75 of the Law. Environmental Protection.  
6. Handling costs and forms of collection for the cases specified in 
Clauses 4 and 5 of this Article shall be promulgated by the provincial -level 
People's Committees according to the provisions of Clause 6, Article 79 of the 
Law on Environmental Protection  in the principle of domestic solid waste 
treatment costs are calculated correctly and sufficiently for a unit volume of 
domestic  solid waste for treatment.  
Article 59. Selection of investors, domestic solid waste treaters  
1. The selection of investors in daily -life solid waste treatment facilities 
shall comply with the provisions of the law on investment, public investment, 
investment in the form of public -private partnership, construction, and bidding. 
In case the domestic solid waste treatment facility i s invested out of budget, the 
investor shall directly manage and operate the solid waste treatment facility 
invested by him or her or hire another organization or individual to act as the 
owner of the domestic solid waste treatment facility according to th e provisions 
of law.  95 
 
2. Investors and service providers of domestic solid waste treatment must 
fulfill the following environmental protection requirements:  
a) Operate domestic solid waste treatment facilities that meet Vietnam's 
environmental technical reg ulations; comply with signed treatment contracts and 
commitments with local authorities;  
b) Being a technology owner or having a technology transfer contract as 
prescribed. In case of using treatment technology originating from European 
countries or a grou p of industrialized countries, which is different from the 
technical regulations of Vietnam's environmental technical regulations on waste 
management, the emission, wastewater must meet the respective standards of 
those countries and Vietnam's environmenta l technical regulations on emissions 
and wastewater;  
c) Must return the ground and be responsible for all construction 
investment costs, work dismantling costs, and other related costs in case the 
requirements for environmental protection during the operat ion of the domestic 
solid waste treatment facility under the contract signed with the local 
government.  
3. The selection of domestic solid waste treatment owners to manage and 
operate domestic solid waste treatment facilities invested with state budget 
capital must comply with the provisions of the law on providing public products 
and services using the state budget from recurrent expenditures.  
Article 60. Roadmap to limit the treatment of domestic solid waste by 
direct burial technology  
1. Direct burial te chnology is the burying of wastes directly in landfills 
according to regulations without being treated by other methods.  
2. Central -affiliated cities and provinces, when investing in new or putting 
into operation daily -life solid waste treatment facilities , need to invest in modern 
and environmentally friendly technologies; to ensure the gradual reduction of 
the proportion of domestic solid waste that is treated by direct burial to meet the 
objectives of integrated solid waste management prescribed by the P rime 
Minister in each development period.  
Article 61. Responsibilities of domestic solid waste collection and 
transport facilities  96 
 
1. To perform the responsibilities specified in Clauses 2 and 4, Article 77 
of the Law on Environmental Protection, and Claus es 4 and 5, Article 58 of this 
Decree.  
2. To satisfy all requirements on human resources, specialized means, and 
equipment to collect and transport all domestic solid waste at the specified 
locations.  
3. Collect and transport domestic solid waste to the gathering point, 
transfer station, or treatment facility by means and equipment meeting technical 
requirements on environmental protection as prescribed; arrange means and 
equipment to collect and store leachate at transfer stations for treatment up to 
technical standards or transfer together with domestic solid waste to treatment 
units.  
4. Do not let daily -life solid waste drop, cause dust, odor, or water leakage 
to adversely affect the environment during collection and transportation.  
5. Professional training, labor protection equipment for workers collecting 
and transporting domestic solid waste.  
Article 62. Rights and responsibilities of domestic solid waste 
treatment facilities  
1. Domestic solid waste treatment facilities have the following 
responsi bilities:  
a) Fully comply with requirements on environmental protection as 
prescribed by law;  
b) To fulfill the responsibilities of hazardous waste generators as 
prescribed, for hazardous wastes from domestic solid wastes or generated from 
domestic solid w aste treatment facilities, to perform the responsibilities of the 
owners of hazardous waste discharge sources according to regulations;  
c) Operate domestic solid waste treatment facilities that meet 
environmental technical regulations, ensure to treat all solid wastes received 
according to signed contracts.  
2. Domestic solid waste treatment facilities are paid properly and fully the 
service price of domestic solid waste according to the signed contract.  
Article 63. Responsibilities of People's Committees at  all levels in 
domestic solid waste management  
1. Provincial -level People's Committees have the following 
responsibilities:  
a) To perform the responsibilities specified in Clauses 2 and 6 of Article 
75, Clause 2 of Article 76, Clause 1 of Article 77, Clauses 2 and 6 of Article 78, 
Clause 6 of Article 79, Clause 5 of Article 80 of the Law on Environmental 
Protection;  97 
 
b) Organize the management of daily -life solid waste in the province; 
assign management responsibilities to specialized agencies in charge  of 
environmental protection and decentralize management to lower -level People's 
Committees on domestic solid waste management according to regulations;  
c) Promulgate measures to implement preferential and supportive 
mechanisms and policies to encourage or ganizations and individuals to invest in 
and provide services of waste collection, transportation, and investment in waste 
treatment facilities. living activities suitable to the local socio -economic 
development conditions;  
d) Organize and direct, implemen t the contents of solid waste 
management in the relevant planning according to its competence; make annual 
plans for the collection, transportation, and treatment of daily -life solid waste 
and allocate funds for implementation in accordance with the local socio -
economic development plans;  
dd) Organize propaganda, education, and fostering of legal knowledge on 
domestic solid waste management; direct the inspection, examination, and 
handling of violations of the law on domestic solid waste management in the 
locality.  
2. District -level People's Committees have the following responsibilities:  
a) To promulgate according to its competence regulations, programs, and 
plans on daily -life solid waste management;  
b) Organize the implementation of strategies, programs, plans, and tasks 
on daily -life solid waste management;  
c) Organize activities of classifying domestic solid waste at source 
according to regulations.  
3. Commune -level People's Committees have the following 
responsibilities:  
a) Perform the responsibilities specified in Clause 7 Article 77 of the Law 
on Environmental Protection;  
b) Formulate plans, plans, or contents for the management of daily -life 
solid waste in the locality;  
c) Organize activities of classifying domestic solid waste at source 
according to regulations.  
Article 64. Roadmap to restrict the production and import of single -use 
plastic products, non -biodegradable plastic packaging and products and goods 
containing microplastics  
1. From January 1, 2026, not to manufacture and import non-
biodegradable plastic bags with dimensions smaller than 50cm x 50cm and a 
film thickness of less than 50 µm, except for production for export -import or 
manufacture or import to pack products and goods for sale to the market.  98 
 
2. Organizations and indivi duals that manufacture and import single -use 
plastic products and non -biodegradable plastic packaging must carry out the 
responsibility for recycling and handling according to the provisions of this 
Decree.  
3. Gradually reduce the production and import of single -use plastic 
products, non -biodegradable plastic packaging, and products and goods 
containing microplastics. After December 31, 2030, stop the production and 
import of single -use plastic products (except for products certified with 
Vietnam's eco -label), non -biodegradable plastic packaging (including non -
biodegradable plastic bags). biodegradable plastic containers, styrofoam plastic 
containers for packaging and food storage) and products and goods containing 
microplastics, except for the case of produ ction for export and the production 
and import of difficult -to-biodegradable plastic packaging for packaging 
products, goods sold to the market.  
4. Provincial People's Committees promulgate regulations and organize 
the implementation of plastic waste manag ement activities; ensure that after 
2025, do not circulate and use single -use plastic products, and difficult -to-
biodegradable plastic packaging (including non -biodegradable plastic bags, 
styrofoam packaging, and food containers) at commercial centers, sup ermarkets, 
hotels, tourist resorts, except for products and goods with difficult -to-
biodegradable plastic packaging; organize the inspection and examination of 
single -use plastic products and non -biodegradable plastic packaging production 
units in the loca lity. 
 
Section  3 
NORMAL INDUSTRIAL SOLID WASTE MANAGEMENT  
Article 65. Reuse, direct use and treatment of common industrial 
solid waste  
1. Ordinary industrial solid wastes are recovered, classified, selected for 
reuse, used directly as raw materials, fuels, and materials for managed 
production activities such as products and goods.  
2. Ash, slag, and gypsum are classified as ordinary indus trial solid waste 
and other common industrial solid wastes meeting the standards, technical 
regulations, and technical guidelines for use as raw materials for production. 
Export of construction materials, leveling, and leveling promulgated by 
competent age ncies are managed like products and goods of construction 
materials. In case there are no standards, technical regulations, or technical 
guidelines, the standards of one of the countries in the Group of industrialized 
countries shall apply.  
3. Production, business and service establishments, concentrated 
production, business and service zones, industrial clusters, agencies, and 99 
 
organizations that generate ordinary industrial solid wastes specified in Clause 2 
of this Article This company performs the manage ment according to the 
provisions of Article 82 of the Law on Environmental Protection.  
4. The Ministry of Natural Resources and Environment is responsible for:  
a) Specify the waste group in Clause 1 of this Article in the list of 
ordinary industrial solid waste; review, update and supplement the list based on 
the situation of socio -economic development and environmental protection in 
each period;  
b) To promulgate technical regulations and technical guidelines on 
treatment and use of ash, slag, gypsum, and o ther common industrial wastes to 
restore areas where mineral exploitation has ended in accordance with 
regulations of law. legislation on minerals and meet environmental protection 
requirements. In case technical regulations and guidelines have not yet bee n 
promulgated, the standards of one of the countries in the Group of industrialized 
countries shall apply;  
c) Detailed regulations on the handling of plant protection drug packages 
arising in agricultural activities.  
5. The Ministry of Construction shall p romulgate technical regulations 
and technical guidelines for the use of ordinary industrial solid waste as raw 
materials for the production of building materials, for ground leveling, and for 
use in construction works; develop national standards on the use  of ordinary 
industrial solid waste as raw materials for the production of building materials, 
leveling and use in construction works, and submitting them to the Ministry of 
Science and Technology for publication. In case of standards, technical 
regulation s and technical guidelines have not been issued, the standards of one 
of the countries in the Group of industrialized countries shall apply.  
6. The Ministry of Agriculture and Rural Development is responsible for:  
a) Issue technical regulations, technical guidelines, or regulations on the 
use of sewage sludge as fertilizer for plants; using other common industrial solid 
wastes as raw materials and materials in irrigation works;  
b) Detailed instructions on the collection of packages of plant protection 
drugs  arising in agricultural production activities.  
7. The Ministry of Transport and other ministries and ministerial -level 
agencies shall promulgate technical regulations, technical guidelines, or 
regulations on the use of ordinary industrial solid waste as r aw materials and 
materials in traffic and other works, ensuring compliance with environmental 
technical regulations.  
Article 66. Responsibilities of ordinary industrial solid waste 
generators  100 
 
1. Classify ordinary industrial solid waste according to the provisions of 
Clause 1, Article 81 of the Law on Environmental Protection; have the 
equipment, tools, and common industrial solid waste storage areas according to 
regulations of the Ministry of Natural Resources and Environment.  
2. Transfer of ordinary ind ustrial solid waste according to the provisions 
of Clause 1, Article 82 of the Law on Environmental Protection; be allowed to 
transfer ordinary industrial solid waste specified in Clause 1, Article 65 of this 
Decree after classification according to regula tions to organizations and 
individuals that have demand.  
3. Use the minutes of ordinary industrial solid waste handover according 
to the form promulgated by the Ministry of Natural Resources and Environment 
when transferring the group of ordinary industria l solid wastes to be treated as 
prescribed at Point c, Clause 1, Article 81 of the Law on Environmental 
Protection.  
Article 67. Responsibilities of ordinary industrial solid waste 
collectors and transporters  
1. Only a contract for collection and transporta tion of common industrial 
solid wastes that must be treated specified at Point c, Clause 1, Article 81 of the 
Law on Environmental Protection can be signed with the waste source owner 
when the transfer contract is signed. for the subjects specified at Poin ts b and c, 
Clause 1, Article 82 of the Law on Environmental Protection.  
2. Use the minutes of ordinary industrial solid waste handover according 
to the form promulgated by the Ministry of Natural Resources and Environment 
when transferring ordinary indust rial solid waste, which must be handled as 
prescribed at Point c, Clause 1, Article 81 of the Law on Environmental 
Protection.  
3. To ensure that the means of transport, storage equipment, transfer 
stations, and temporary storage areas for ordinary industri al solid waste must 
meet technical requirements as prescribed by the Ministry of Natural Resources 
and Environment.  
 
Section 4 
HAZARDOUS WASTE MANAGEMENT  
 
Article 68. Identification and classification of hazardous waste  101 
 
1. Hazardous waste identification is  done according to hazardous waste 
codes, categories, and thresholds.  
2. Hazardous wastes must be classified according to hazardous waste 
codes to be stored in suitable containers or storage devices. To use the same 
packaging or storage equipment for hazar dous waste codes of the same nature, 
inability to react and interact with each other, and capable of being treated by 
the same method.  
3. Hazardous wastewater that is treated up to environmental technical 
regulations in the wastewater treatment system at t he generating facility shall be 
managed according to regulations on wastewater management.  
4. Hazardous waste must be classified starting from the time it is put into 
storage or when it is transferred for treatment in the case of non -storage.  
Article 69. C ollection, storage and transportation of hazardous waste  
1. The transportation of hazardous waste is done as follows:  
a) Performed by organizations and individuals as prescribed in Clause 4, 
Article 83 of the Law on Environmental Protection;  
b) Organizations and individuals that collect products and packages 
arising from households, individuals, state agencies' offices, schools, and public 
places on the list of regulated products and packages. specified in Appendix 8 to 
the Appendix to this Decre e and the list of hazardous wastes promulgated by the 
Minister of Natural Resources and Environment to fulfill the responsibility for 
recycling according to the provisions of Section 1, Chapter VI of the Decree. 
This project is not required to have an envi ronmental permit with hazardous 
waste treatment contents but must fulfill the responsibilities of the hazardous 
waste source owner as prescribed in Article 72 of this Decree.  
2. Means and equipment for collecting, storing, and transporting 
hazardous waste must meet the requirements for environmental protection 
according to regulations of the Ministry of Natural Resources and Environment.  
3. In case of compliance with the provisions at Point a, Clause 4, Article 
83 of the Law on Environmental Protection, haz ardous waste generators may 
only transport hazardous waste generated at the facility by their own means of 
transport, except for the case specified in Clause 5 of this Article. Waste source 
owners must install locating devices for vehicles transporting haz ardous waste 
and provide accounts for provincial -level specialized environmental protection 
agencies for supervision and management.  
4. In case of complying with the provisions of Point b, Clause 4, Article 
83 of the Law on Environmental Protection, licens ed organizations and 
individuals must install positioning devices for hazardous waste transport 
vehicles and provide accounts for the Ministry of Natural Resources and 
Environment to monitor and manage.  102 
 
5. Organizations and individuals specified in Clause 4, Article 83 of the 
Law on Environmental Protection that hire public means of transport such as 
railway vehicles, inland waterways, or seaways to transport hazardous wastes 
must have a written document. the report to the environmental licensing agency 
before implementation.  
Article 70. Hazardous waste treatment  
1. Establishments providing hazardous waste treatment services must 
have an environmental permit, which contains the content of hazardous waste 
treatment services as prescribed, or an environmental permit with the component 
being a waste treatment license. hazardous according to the provisions of point 
d, clause 2, article 42 of the Law on Environmental Protection, except for the 
case specified in clause 17, article 168 of this Decree.  
2. Organizatio ns and individuals that generate hazardous waste are 
entitled to self -treat hazardous waste within the premises of waste -generating 
establishments when meeting the following requirements:  
a) Using technology, environmental protection works, and production 
equipment available in the premises of the waste -generating establishment and 
must satisfy the requirements for environmental protection as prescribed;  
b) It must be consistent with the decision approving the appraisal results 
of the environmental impact a ssessment report, the environmental permit, or the 
component environmental permit specified in Clause 1 of this Article;  
c) Do not invest in new incinerators and landfills for hazardous waste 
treatment, except in cases consistent with the content of solid waste management 
in relevant plannings.  
3. Medical establishments that generate hazardous medical wastes shall 
treat themselves with hazardous medical wastes generated within their premises 
when meeting the requirements in Clause 2 of this Article.  
4. Medi cal facilities that have hazardous medical waste treatment works 
located on their premises to self -treat and treat hazardous medical wastes for 
neighboring medical facilities (cluster model) According to the regulations of 
the People's Committee of the pro vince, it is not considered as an establishment 
providing hazardous waste treatment services. The transportation of hazardous 
medical wastes from neighboring medical facilities for treatment according to 
the cluster model shall be carried out by organizati ons and individuals according 
to the provisions of Clause 4, Article 83 of the Law on Environmental Protection 
or according to regulations of the provincial People's Committee.  
5. The Ministry of Natural Resources and Environment promulgates 
technical regulations and technical guidelines on hazardous waste treatment, use 
and reuse; treat and use hazardous wastes to restore areas where mineral 
exploitation has ended in accordance with the law on minerals and meet 
environmental protection requirements. In  case technical regulations and 103 
 
guidelines have not yet been promulgated, the standards of one of the countries 
in the Group of industrialized countries shall apply.  
Article 71. Responsibilities of hazardous waste generators  
The main responsibilities of ha zardous waste generators are specified in 
Clause 1, Article 83 of the Law on Environmental Protection. Some specific 
provisions are as follows:  
1. Hazardous waste identification, classification, and storage:  
a) Take responsibility for the identification, c lassification, and determination 
of the amount of hazardous waste to be declared and managed;  
b) There is an area for the temporary storage of hazardous waste; storing 
hazardous wastes in packages or storage devices that meet technical requirements 
on envi ronmental protection as prescribed by the Ministry of Natural Resources 
and Environment;  
c) Only keep hazardous waste for no more than 01 year from the time of 
generation. In case of storing beyond the above time limit because there is no 
feasible transpor tation and treatment plan or a suitable hazardous waste treatment 
service provider has not been found, an annual report on the storage of hazardous 
wastes must be made. keep hazardous waste at the generating facility with the 
provincial specialized environ mental protection agency in writing separately or in 
combination in the periodical environmental report;  
d) In case of investment projects, establishments belonging to groups I, II, 
and III specified in Appendix 3, Appendix 4, and Appendix 5 to the Appendi x 
issued together with this Decree have hazardous waste generated. regularly 
generated with a total volume of 600 kg/year or more and the total volume of solid 
waste (daily life, ordinary industry, and hazardous waste) is regularly generated 
from 300 kg/da y (average of the year). of the periodical environmental reporting 
period) or more, a dossier must be made to obtain an environmental permit as 
prescribed in Article 39 of the Law on Environmental Protection. After being 
licensed, information on waste is u pdated in the establishment's periodic 
environmental report according to regulations.  
2. Self -treat hazardous waste at the generating facility or sign a contract to 
transfer hazardous waste to an appropriate hazardous waste treatment service 
provider.  
3. Cooperate with the owner of the facility providing hazardous waste 
treatment services to prepare hazardous waste documents when transferring 
hazardous waste according to regulations of the Ministry of Natural Resources and 
Environment. After 06 months from  the date of hazardous waste transfer, if the last 
two copies of the hazardous waste document are not received without a reasonable 
written reason from the receiving organization or individual, hazardous waste, the 
hazardous waste source owner must report to the specialized environmental 
protection agency of the province or the Ministry of Natural Resources and 104 
 
Environment for inspection and treatment according to the provisions of law. In 
case of transferring hazardous medical waste for treatment according  to the cluster 
model, the handover record shall be used instead of hazardous waste documents.  
Article 72. Responsibilities of owners of hazardous waste treatment 
facilities  
The main responsibilities of the facility owner providing hazardous waste 
treatment services are specified in Article 85 of the Law on Environmental 
Protection. Some specific provisions are as follows:  
1. Sign a contract for hazardous waste collection, transportation, and 
treatment with hazardous waste generators in the area of operation in accordance 
with the environmental permit or component environmental permit granted as 
prescribed in  Clause 1, Article 70 of this Decree.  
2. To collect, transport, receive and treat the quantity and type of 
hazardous waste in accordance with  the contents of the environmental permit or 
the component environmental permit granted as prescribed in Clause 1, Article 
70 of this Decree and in accordance with the contract of collection, 
transportation, and treatment of hazardous waste with hazardous waste 
generators.  
3. Only hazardous wastes may be received from the hazardous waste 
source owner transported to or from the hazardous waste treater who performs 
the association according to the provisions of Article 73 of this Decree.  
4. Notify in writing the hazardous waste source owner and report to the 
Ministry of Natural Resources and Environment in case there is a reason to 
temporarily store hazardous waste but have not put it into treatment after 06 
months, counting from the date of transfer stated on  the hazardous waste 
document.  
5. To handle pollution, renovate and restore the environment after the 
operation is finished according to the technical guidance of the Ministry of 
Natural Resources and Environment.  
Article 73. Requirements on association an d transfer of hazardous 
wastes not included in environmental permits  
1. When 02 organizations or individuals that have an environmental 
permit or a component environmental permit granted as specified in Clause 1, 
Article 70 of this Decree, have a need to l ink up, in which one party only carries 
out the transportation of hazardous waste and transfer responsibility for handling 
to the other party, the transferor or receiver must send a written request enclosed 
with the association contract to the environmenta l licensing agency for 
consideration and approval before implementing the project. presently. The time 
limit for the environmental licensing agency to reply in writing is 15 days.  105 
 
2. The transfer specified in Clause 1 of this Article can only be made 
betwe en the two parties under a contract approved by the environmental 
licensing agency, not allowed to transfer hazardous waste to a third party. The 
party receiving the transfer of hazardous waste from the waste source owner for 
transportation and transfer to  the treatment party must obtain the consent of the 
waste source owner by signing a tripartite contract or another form; at the same 
time use hazardous waste vouchers during the transfer in accordance with 
regulations of the Ministry of Natural Resources a nd Environment.  
 
Section  5 
MANAGEMENT OF WASTEWATER, DUST, READ WASTE GAS;  
ENVIRONMENTAL PROTECTION DEPOSIT  FOR WASTE BURYING  
 
Article 74. Particular cases of wastewater management  
1. Facilities and projects that exploit minerals for construction materials  
are not required to have wastewater collection and treatment systems separate 
from rainwater drainage systems.  
2. Non -hazardous liquid waste is a product, solution, or material in a 
liquid state that has expired or is discharged from the process of use, p roduction, 
business, service, daily life, or activities. is different. Where liquid waste is 
discharged together with wastewater, it shall be managed according to 
regulations on wastewater management; in case of being transferred for 
treatment, it shall be  managed according to the same regulations as for normal 
industrial solid waste to be treated.  
3. Waste water may be reused when it meets requirements on 
environmental protection and meets specialized standards and regulations 
suitable for water use purpos es. Wastewater, when transferred for reuse, must 
meet the requirements in Clause 4 of this Article. Responsibilities of ministries 
and ministerial -level agencies in stipulating and guiding wastewater reuse are as 
follows:  
a) The Ministry of Agriculture and  Rural Development shall promulgate 
technical regulations, technical guidelines, or regulations when using treated 
wastewater meeting requirements on environmental protection as water for 
irrigation of plants; Wastewater from animal husbandry activities, p rocessing 
agricultural by -products to be reused for other purposes. If standards, technical 
regulations, and technical guidelines have not yet been issued, the standards of 
one of the countries in the Group of industrialized countries shall apply;  
b) Minis tries and ministerial -level agencies shall promulgate standards, 
technical regulations, technical guidelines, or regulations on reuse of wastewater 
as input water for production, business, and service activities under their 
management after consulting the Ministry of Natural Resources and 106 
 
Environment.  
4. Environmental protection requirements for wastewater transfer:  
a) Wastewater transferred for reuse may only be transferred to production 
facilities for direct use as input water for production activities;  
b) Wastewater transfer facilities must satisfy the following requirements: 
have a plan to transfer wastewater for treatment or reuse and clearly stated in the 
environmental impact assessment report and environmental permit; have a 
wastewater transfer contra ct with a wastewater -receiving facility for treatment 
or reuse, ensuring the requirements specified at Point d of this Clause; have 
infrastructure and temporary wastewater storage equipment to prevent spillage, 
spillage, and leakage into the surrounding en vironment;  
c) Establishments receiving wastewater for treatment or reuse must meet 
the following requirements: have a plan to receive wastewater for treatment or 
reuse and clearly stated in the environmental impact assessment report. , 
environmental permit s; have a wastewater treatment system with suitable 
technology and capacity to treat receiving wastewater or have an appropriate 
technological production line to reuse the receiving wastewater; there is a meter 
to measure the flow of wastewater after treat ment; not transfer the received 
wastewater to a third party;  
d) Requirements for the transportation of wastewater: wastewater is 
transferred by pipeline or means of transport. The pipeline must be designed and 
installed to ensure technical regulations, not  leak to the surrounding 
environment, must have valves, flow meters, and be fully shown in the 
wastewater transfer plan for treatment. disposal or reuse. Means of transport 
must meet all conditions for participating in traffic according to the provisions 
of the law on traffic; must -have equipment, sealed wastewater tank, waterproof, 
anti-leakage, anti -odor, anti -corrosion caused by transported wastewater.  
Article 75. Policies in favor of, support and encouragement for the 
development of public transport, means of transport using renewable 
energy, low fuel consumption, low emission or no emission; a roadmap for 
converting and eliminating fossil fuel -using vehicles and polluting vehicles  
1. Policies on incentives, support and encouragement for the developmen t 
of public transport (except for vehicles using fossil fuels), means of transport 
using renewable energy, low fuel consumption, low or no emissions comply 
with the provisions of Article 131 of this Decree and relevant laws.  
2. The Ministry of Transport sh all assume the prime responsibility for, 
and coordinate with the Ministry of Natural Resources and Environment in, 
formulating and submitting to the Prime Minister for approval a plan to 
implement a roadmap for converting and eliminating fossil fuel -powere d 
vehicles. , means of transport cause environmental pollution, in line with 
international commitments and national plans on air quality management.  107 
 
3. Provincial -level People's Committees, based on the plan approved by 
the Prime Minister specified in Clau se 2 of this Article, formulate and submit to 
the provincial -level People's Council for promulgation of the plan and 
organizing the implementation of the transformation plan, eliminating fossil 
fuel-using vehicles and polluting vehicles with the following main contents:  
a) Converting motorized means of transport to use fossil fuels that pose a 
risk of causing air pollution and greenhouse gas emissions;  
b) Eliminate motor vehicles using fossil fuels that do not meet 
environmental technical regulations on emi ssions as prescribed; old motorized 
vehicles, which have been used for many years, cause environmental pollution;  
c) Limit and proceed to eliminate two -wheeled and three -wheeled 
motorbikes using fossil fuels in traffic in inner cities of big cities to redu ce air 
pollution and protect people's health;  
d) Organize traffic flow in urban areas to control and limit air pollution 
caused by means of transport;  
dd) Build technical infrastructure to ensure the transition from transport 
using fossil fuels to means of  transport using renewable energy, with low fuel 
consumption, low emissions, or no emissions. ;  
e) Development of transport infrastructure for public transport; have 
policies to support people when using public transport.  
Article 76. Environmental protecti on deposit for waste burial 
activities  
1. Environmental protection deposit for waste burial is the deposit by an 
organization or individual investing in the construction of a new waste landfill to 
secure the performance of their obligations to treat pollut ion and renovate. 
environment after closing the yard according to the environmental improvement 
plan in the environmental impact assessment report approved by the competent 
state agency.  
2. Environmental protection deposit for waste burial:  
a) The deposit must be calculated to ensure sufficient funds for 
environmental improvement at the waste landfill, based on the environmental 
improvement contents already approved by the competent authority;  
b) The calculation of the deposit amount must apply the norms an d unit 
prices of the locality at the time of making the plan for environmental 
improvement. In case the locality does not have norms and unit prices, the 
norms and unit prices of the respective ministries or branches shall apply. In 
case the ministry or br anch does not have a unit price, the market price shall 
apply;  
c) The total deposit (excluding price slippage) is equal to the total cost of 
the renovation and closure works for the waste landfill, the cost of pollution 108 
 
treatment, and environmental monitoring. and operate waste treatment facilities. 
Methods of calculating and estimating costs of pollution treatment and 
environmental improvement must comply with the guidance of the Ministry of 
Natural Resources and Environment;  
d) The annual deposit a mount (excluding the slippage factor) is calculated 
as the total amount of the deposit divided equally among the years by time in the 
investment project;  
dd) Organizations and individuals paying the annual deposit must take 
into account the price slippage factor and be determined by the annual deposit 
multiplied by the consumer price index of the previous years from the time of 
the approved plan. Annual consumer price index applied according to the 
announcement of the General Statistics Office for the local ity where the project 
is implemented or the competent authority;  
e) The environmental protection deposit is paid and refunded in Vietnam 
Dong at the Vietnam Environmental Protection Fund or the provincial 
environmental protection fund and enjoys the interest rate prescribed by law 
from the date of depositing.  
3. Time o f deposit, confirmation of deposit:  
a) The deposit period is counted from the date the investment project on 
waste treatment with burying activities is granted an environmental license to 
the end of the burying operation;  
b) Immediately after receiving the  deposit, the Vietnam Environment 
Protection Fund or the provincial environmental protection fund shall certify the 
deposit of the organization or individual investing in the construction of a waste 
landfill in the written request for signing. funds of org anizations and individuals. 
The content of the confirmation of deposit for environmental protection must 
fully show the following information: the total amount of the deposit to be 
calculated; the time limit for refunding the deposit shall be effected imme diately 
after the handover of the renovated environmental protection works; account 
blockade period (if any).  
4. Management and use of the deposit:  
a) The Vietnam Environmental Protection Fund or the provincial -level 
environmental protection fund that has received the deposit is responsible for 
returning the deposit amount and the deposit interest rate to the organization or 
individual investing in the construction of a landfill after receiving the written 
request of the investor of the investment project, enclosed with the completed 
application of the content of pollution treatment and environmental 
improvement for the waste landfill;  
b) The Vietnam Environmental Protection Fund or the provincial 
environmental protection fund shall manage and use the deposi t in accordance 
with the provisions of law. Annually, report to the People's Committee of the 109 
 
province, the Ministry of Natural Resources and Environment, and the Ministry 
of Finance on the management and use of the deposit;  
c) The Vietnam Environmental Pr otection Fund or the provincial 
environmental protection fund urges organizations and individuals operating and 
managing waste landfills to make deposits for environmental improvement on 
time; propose competent authorities to handle violations of organizat ions and 
individuals in case of late depositing as prescribed;  
d) In case the owner of the investment project in the construction of a 
waste landfill, goes bankrupt, or closes the waste landfill, the deposit shall be 
used to pay the costs of pollution trea tment and environmental improvement of 
the landfill.  
5. The refund of the deposit is based on the progress of the organization or 
individual that has completed the environmental renovation and is done as 
follows:  
a) After completing part or all of the was te landfill renovation, the owner 
of the waste burial site shall make a dossier of request for inspection and 
certification of completion of the environmental improvement plan;  
b) Components of the application file for inspection and certification of 
compl etion of the environmental improvement plan include 01 application for 
completed acceptance test and 01 completion report (partially or in whole) of the 
environmental improvement plan. ;  
c) The time limit for inspecting and certifying the completion of the  
environmental improvement plan is 30 days from the date of receipt of a 
complete and valid dossier;  
d) The process of checking and certifying the completion of the 
environmental improvement plan is as follows:  
The agency inspecting and certifying establis hes a team to inspect and 
certify the completion of the environmental improvement plan consisting of at 
least 07 members; send the decision to establish the council together with 
documents to each member of the inspection team;  
The team inspecting and cert ifying the completion of the environmental 
improvement plan will conduct a physical inspection at the waste burial facility. 
After finishing the inspection, if the environmental renovation meets the 
requirements as prescribed, the inspecting and certifying  agency shall issue a 
certificate of completion of the environmental renovation content according to 
the form set by the Minister of Natural Resources and Environment. In case of 
ineligibility for certification, the inspecting and certifying agency shall n otify 
the owner of the waste burial site and clearly state the reasons therefor;  
dd) Within 90 days from the date of receipt of the certificate of 
completion of the environmental improvement, the place where the deposit is 
received shall refund the deposit  to the organization or individual;  110 
 
e) Organizations and individuals are only allowed to withdraw profits 
once after receiving a certificate of completion of environmental improvement 
contents;  
g) The refund of the deposit shall be made after the certifica tion of 
completion of the environmental improvement contents is obtained.  
6. In case an organization or individual that is allowed to invest in, build 
and operate a waste landfill transfers the right or buys, sells, renames, merges, or 
consolidates an ente rprise, the organization or individual receives the transfer or 
the organization or individual that is the new owner of the enterprise must 
continue to perform the environmental improvement obligations and make a 
deposit for environmental improvement.  
7. The Ministry of Finance shall guide the management and use of 
deposits for environmental improvement for waste landfills.  
 
Chapter  VI  
 RESPONSIBILITY FOR PRODUCT AND PACKAGING RECYCLING 
AND DISPOSAL OF INSTITUTIONAL AND INDIVIDUAL 
PRODUCERS AND IMPORTERS  
 
Section  1 
RESPONSIBILITY FOR PRODUCT AND PACKAGING RECYCLING 
OF INSTITUTIONAL AND INDIVIDUAL PRODUCERS AND 
IMPORTERS  
 
Article 77. Responsible entities, roadmap for implementation of 
recycling responsibility  
1. Institutional and individual producer s and importers (hereinafter 
referred to as producers and importers) of the products and packaging specified 
in Column 3, Appendix 8 promulgated together with this Decree to put on the 
Vietnamese market shall perform the responsibility to recycle such prod ucts and 
packaging in compliance with the mandatory recycling rates and specifications 
in Article 78 hereof.  
2. Packaging specified in Clause 1 of this Article includes commercial 
(inner and outer) packaging of the following items:  
a) Beverages and food in  compliance with the law on food safety ;  
b) Cosmetics in compliance with the law on conditions of cosmetics 
production ;  
c) Drugs in compliance with the law on pharmacy;  
d) Fertilizers, animal feeds, veterinary drugs in compliance with  the law 
on fertilizers, animal feeds and veterinary drugs;  111 
 
dd) Detergents, preparations used in households, agriculture and health 
sector;  
e) Cement;  
g) Other packaging specified by the Prime Minister.  
3. The following entities shall not be required to pe rform the recycling 
responsibility:  
a) Producers or importers of products and packaging for export, or 
temporary import, re -export, or produce or import for research, study or testing 
purposes as provided for in Clause 1, Article 54 of the Law on Environme ntal 
Protection.  
b) Producers of packaging specified in Clause 1 of this Article whose total 
revenue of the previous year is less than VND 30 billion;  
c) Importers of packaging specified in Clause 1 of this Article whose total 
import value of the previous year is less than VND 20 billion;  
d) Producers and importers of packaging specified in Appendix 9 
promulgated together with this Decree.  
4. Producers and importers shall be responsible to recycle the products 
and packaging produced or imported by themselve s in accordance with 
following roadmap:  
a) Packaging and battery; lubricant; and tyre products: from January 1st, 
2024;  
b) Electrical and electronic products: from January 1st, 2025;  
c) Vehicles: from January 1st, 2027.  
The Ministry of Natural Resources an d Environment shall submit to the 
Prime Minister to issue regulations on the disposal of vehicles before January 
1st, 2025.  
Article 78. Mandatory recycling rates and specifications  
1. The mandatory recycling rate is the percentage of minimum required 
volum e of products and packaging to be recycled to the total volume of products 
and packaging placed on the market in the year of performance of responsibility.  
The mandatory recycling rate of each type of product and packaging is 
determined based on its life cycle, rate of disposal and collection; national 
recycling targets, environmental protection requirements, and socio -economic 
conditions from time to time.  
2. The mandatory recycling rates for each type of product and packaging 
in the first 3 years are spe cified in column 4, Appendix 8 promulgated together 
with this Decree. The mandatory recycling rates shall be increased every 03 
years to realize the national recycling targets and environmental protection 112 
 
requirements.  
3. Producers and importers may recyc le products and packaging produced 
or imported by themselves or products and packaging of the same types 
specified in Appendix 8 promulgated together with this Decree which are 
produced or imported by other producers or importers to achieve the mandatory 
recycling rates. The recycling of imported recyclables into feedstock shall not be 
included in the mandatory recycling rate of producers or importers.  
4. Where a producer or importer recycles more than the mandatory 
recycling rate specified in Clause 1 of t his Article, the difference shall be 
reserved to be included in the mandatory recycling rate of the year that follows.  
5. The mandatory recycling rate for each type of product and packaging 
after the first 03 years shall be promulgated before September 30t h of the last 
year of the 03 -year period for enforcement for the following 03 -year period.  
6. The mandatory recycling specifications mean the selected recycling 
options with minimum requirements on the volume of recovered materials and 
fuels for product and packaging recycling. The mandatory recycling 
specifications for each product and packaging are specified in column 6 of 
Appendix 8 promulgated together with this Decree.  
Article 79. Methods of performance of recycling responsibility  
1. Where a producer  or importer chooses to carry out recycling in 
accordance with the provisions of Sub -clause a, Clause 2, Article 54 of the Law 
on Environmental Protection, the producer or importer shall make their own 
decision on recycling in one of the following methods:  
a) Carrying out the recycling by themselves;  
b) Employing a recycler to carry out the recycling;  
c) Authorizing an intermediary to organize the recycling (hereinafter 
referred to as the authorized recycler);  
d) Carrying out a mix of methods specified in S ub-clauses a, b and c of 
this Clause.  
2. Producers and importers choose a way to perform their recycling 
responsibility specified in Clause 2 Article 54 of the Law on Environmental 
Protection for one or a group of products and packaging specified in Column  3 
Appendix 8 promulgated together with this Decree.  
3. Producers and importers that carry out the recycling by themselves 
shall meet the environmental protection requirements provided for by law; and 
shall not carry out the recycling by themselves when fa iling to meet the 
environmental protection requirements provided for by law.  
4. The recyclers employed by the producers or importers to carry out the 
recycling in accordance with Sub -clause b, Clause 1 of this Article shall have 
proper environmental permit s provided for by law.  113 
 
5. The authorized recyclers specified in Sub -clause c, Clause 1 of this 
Article shall have to satisfy the following conditions:  
a) Have legal status and incorporated in compliance with the law;  
b) Do not directly carry out the recycl ing and have no ownership 
relationship with any recycler related to the scope of authorization;  
c) Be authorized by at least 03 producers or importers to arrange the 
recycling.  
6. The entities specified in Clauses 4 and 5 of this Article shall file 
applic ations to the Ministry of Natural Resources and Environment; within 20 
working days from the date of receiving sufficient application documents, the 
Minister of Natural Resources and Environment shall publicly disclose the 
entities eligible to arrange or c arry out the recycling for producers and importers 
to know and select; and shall notify in writing and clearly state the reason for 
cases of non -disclosure.  
The Minister of Natural Resources and Environment shall provide for the 
application documents and disclosure specified in this Clause.  
7. Where a producer or importer chooses to make financial contribution to 
Vietnam Environment Protection as specified in Sub -clause b, Clause 2, Article 
54 of the Law on Environmental Protection, producers and importers  are not 
required to follow the recycling methods specified in Clause 1 of this Article.  
8. People's Committees at all levels shall be responsible for facilitating 
and supporting producers, importers, recyclers, authorized recyclers specified in 
Clause 1 o f this Article in their collection of product and packaging disposed by 
consumers in their provinces/cities.  
Article 80. Registration of recycling plans and reporting on recycling 
results  
1. Producers and importers shall register for their annual recycling  plans 
and report on their previous year's recycling results to the Minister of Natural 
Resources and Environment before March 31st annually; where a producer or 
importer authorizes an authorized recycler, the latter shall be responsible to 
register and re port on behalf of the former.  
The registration of a recycling plan shall be based on the production and 
import volume of the previous year. The producers, importers, or authorized 
recyclers shall be responsible before the law for the accuracy of the data related 
to the registration of recycling plans and reporting of recycling results.  
The Minister of Natural Resources and Environment shall provide the 
registration form on recycling plan and report form on recycling results as 
specified in this Clause.   
2. Where the actual volume of produced or imported products and 
packaging is higher than that in the registered recycling plan, the producer or 114 
 
importer shall include the unregistered recycling rate to the recycling plan for 
the following year; where the ac tual volume of produced or imported products 
and packaging is lower than that in the registered recycling plan, the producer or 
importer may reduce the recycling rate accordingly in the recycling plan for the 
following year.  
3. Where the recycling plans or  reports on the recycling results are not 
satisfactory, the Ministry of Natural Resources and Environment shall notify in 
writing the producers, importers, or authorized recyclers for completion within 
20 days from the date of receiving the notification.  
4. Producers and importers making financial contributions to Vietnam 
Environmental Protection Fund in accordance with Clause 3, Article 83 hereof 
shall not be required to register and perform the recycling plans and to report on 
recycling results specified in Clause 1 of this Article.  
Article 81. Financial contributions to Vietnam Environmental 
Protection Fund  
1. Financial contribution to Vietnam Environmental Protection Fund for 
each type of product and packaging (F) shall be determined using the formula: F  
= R x V x Fs, of which:  
a) F is the total amount a producer or importer shall have to contribute to 
Vietnam Environmental Protection Fund for each type of product or packaging 
(unit: VND);  
b) R is the mandatory recycling rate of each type of product or packaging 
specified in Clause 1, Article 80 hereof (unit: %);  
c) V is the volume of products and packaging placed on the market in the 
year of performance of the recycling responsibility (unit: kg or piece of product 
or packaging);  
d) Fs is the cost norm for recycling of products or packaging, which is 
determined based on total reasonable and legitimate costs for segregation, 
collection, transport, recycling, and disposal of products or packaging; overhead 
costs for perform producers and importers’ recycli ng responsibility (unit: 
VND/kg or VND/ piece of product or packaging).  
Products, packaging that have high recycling value shall have low Fs and 
those that have low recycling value shall have high Fs.  
2. The Ministry of Natural Resources and Environment sh all submit to the 
Prime Minister to promulgate the Fs for each type of product, packaging, and 
adjust it every 3 years.  
3. Financial contributions to Vietnam Environmental Protection Fund by 
producers and importers shall be made as follows:  
a) Producers a nd importers shall declare and submit the declarations of 
the contribution amount together with their financial statements of the previous 115 
 
year to the Ministry of Natural Resources and Environment and Vietnam 
Environmental Protection Fund before March 31st  annually; the declaration 
shall be based on the production and import results of the previous year. The 
producers and importers shall be responsible to the law for information in the 
declaration specified in this sub -clause.  
The Minister of Natural Resou rces and Environment shall provide for the 
declaration form for the amount of contribution to support the recycling of 
products and package.  
b) Before April 20th annually, producers and importers shall be 
responsible for making the one -time payment to supp ort the product and 
packaging recycling to Vietnam Environment Protection Fund or may choose to 
pay in two installments: the first installment of at least 50% of the total amount 
before April 20th and the second one of the remaining amount before November 
20th of the same year.  
c) Where the declared contribution amount to support the recycling is 
lower than the actual amount, the difference shall be paid in the following year; 
where the declared contribution amount to support the recycling is higher than 
the actual amount, the difference shall be deducted in the following year’s 
contribution.  
Article 82. Support for product and packaging recycling  
1. Financial contributions to Vietnam Environmental Protection Fund 
provided for in Article 81 hereof shall be used to support the segregation, 
collection, transport, and recycling of products and packaging specified in 
Appendix 8 promulgated together with this Decree. Deposit interest of financial 
contributrions to the Vietnam Environmental Protection Fund shall b e used for 
administration management cost to support the performance of recycling 
responsibility of producers and importers.  
2. Agencies, institutions that need financial support for recycling activities 
specified in Clause 1 of this Article shall file ap plications to the Ministry of 
Natural Resources and Environment before October 30th annually for approval.  
The Minister of Natural Resources and Environment shall provide for the 
application documents for financial support for recycling activities specifie d in 
this Clause.  
3. Financial support for product and packaging recycling activities 
specified in Appendix 8 promulgated together with this Decree shall be as 
follows:  
a) The Ministry of Natural Resources and Environment shall publicly 
announce criteria, priority, level of financial support and the submission of a 
dossier of request for financial support as requested by the National EPR 
Council before September 30th annually;  
b) The National EPR Council shall appraise and vote on the dossiers of 116 
 
request fo r financial support of agencies and institutions;  
c) The Ministry of Natural Resources and Environment shall approve 
appraisal results as requested by the National EPR Council; shall notify and sign 
support contracts with agencies and institutions received  financial support;  
d) Vietnam Environmental Protection Fund shall be responsible for 
disbursing the support funds to the agencies and institutions in accordance with 
the signed contracts specified in Sub -clause c of this Clause.  
4. The receipt and use of the financial contributions to Vietnam 
Environmental Protection Fund shall have to be publicly disclosed, transparent, 
and for the right purposes. Vietnam Environmental Protection Fund shall be 
responsible for reporting to the Ministry of Natural Resources  and Environment, 
the National EPR Council, and for publicly disclosing the receipt and use of the 
annual financial contributions from producers and importers before March 31st 
of the following year.  
 5. The National EPR Council shall approve and submit to  the Minister of 
Natural Resources and Environment to promulgate the Regulations on 
management and use of producers and importers’ financial contributions for 
recycling support.  
 
Section 2.  
RESPONSIBILITY FOR WASTE COLLECTION AND 
TREATMET OF INSTITUTIONAL AND INDIVIDUAL PRODUCERS 
AND IMPORTERS  
 
Article 83. Responsible entities, levels of financial contribution to 
Vietnam Environmental Protection Fund for support of waste treatment 
activities  
1. Producers and importers of products and packaging specified in 
Appendix 9 promulgated together with this Decree to put on the Vietnamese 
market shall be responsible for making financial contributions to Vietnam 
Environmental Protection Fund to support waste treatment activities, except for 
the following cases:  
a) Prod ucers or importers of products and packaging for export, or 
temporary import for re -export, or producing or importing for research, study or 
testing purposes as provided for in Clause 1, Article 55 of the Law on 
Environmental Protection;  
b) Producers with total revenue of less than VND 30 billion in the 
previous year;  
c) Importers with total import value of less than VND 20 billion in the 
previous year.  117 
 
2. The specific financial contribution level for each product or packaging 
is specified in Appendix 9 pro mulgated together with this Decree.  
3. The financial contribution level to Vietnam Environmental Protection 
Fund to support waste treatment activities shall be progressively increased every 
five years in accordance with the environmental protection require ments.  
4. The Prime Minister shall decide to adjust the financial contribution 
level to be progressively increased at the proposal of the Ministry of Natural 
Resources and Environment; administration management cost to support 
responsibility ofcollection and waste treatment of producers and importers.  
Article 84. Process for making financial contributions to Vietnam 
Environmental Protection Fund to support waste treatment  
1. Producers and importers shall declare and submit the declarations of the 
contribut ion amounts to support waste treatment together with the financial 
statements of the previous year to the Ministry of Natural Resources and 
Environment and Vietnam Environmental Protection Fund before March 31st 
annually; the declaration shall be based on the production and import results of 
the previous year. Producers and importers shall be responsible to the law for the 
information in the declaration forms provided in this Clause.   
The form for declaration of the contribution amounts to support waste 
treatment shall be prescribed by the Minister of Natural Resources and 
Environment.  
2. Before April 20th annually, producers and importers shall be 
responsible for making the one -time waste treatment support contribution to 
Vietnam Environment Protection Fu nd or may choose to pay in two 
installments:  
a) The first installment of at least 50% of the total amount before April 
20th;  
b) The second installment of the remaining amount before November 20th 
of the same year.  
3. Where the declared contribution amount  for waste treatment support is 
lower than the actual amount, the difference shall be paid in the following year; 
where the declared contribution amount for waste treatment support is higher 
than the actual amount, the difference shall be deducted in the f ollowing year’s 
contribution.  
Article 85. Support for waste treatment activities  
1. Agencies, institutions that need financial support for waste treatment 
activities specified in Clause 3, Article 55 of the Law on Environmental 
Protection shall file applic ations to the Ministry of Natural Resources and 
Environment before October 30th annually for consideration and approval.  
The Minister of Natural Resources and Environment shall provide for the 118 
 
application documents for financial support for waste treatment  activities 
specified in this Clause.  
2. Financial support for waste treatment activities shall be implemented 
similarly to the process of financial support for recycling activities specified in 
Clause 3 Article 82 of this Decree.  
3. The receipt and use of  the financial contributions to Vietnam 
Environmental Protection Fund shall have to be publicly disclosed, transparent, 
and for the right purposes.  
Vietnam Environmental Protection Fund shall be responsible to report to 
the Ministry of Natural Resources an d Environment, the National EPR Council, 
and to publicly disclose the receipt and use of the annual financial contributions 
from producers and importers before March 31st of the following year.  
4. Deposit interest of financial contributrions to the Vietnam 
Environmental Protection Fund shall be used for administration management 
cost to support the responsibility of collection and waste treatment of producers 
and importers.  
5. The National EPR C ouncil shall approve and submit to the Minister of 
Natural Resources and Environment to promulgate the Regulations on 
management and use of producers and importers’ financial contributions for 
waste treatment support.  
  
Section 3  
PROVISION AND MANAGEMENT O F INFORMATION, AND 
MONITORING OF PERFORMANCE OF PRODUCERS’ AND 
IMPORTERS’ RESPONSIBILITIES  
  
Article 86. Provision of information on products and packaging  
1. The producers and importers specified in Articles 77 and 83 hereof 
shall be responsible for publi cly disclosing information on products and 
packaging produced or imported by themselves including: materials; guidelines 
for separation, collection, reuse, recycling, and treatment; warning of risks 
during the process of recycling, reuse, and treatment.  
2. Tax authorities, customs authorities, business registrars, and relevant 
agencies and institutions shall be responsible for providing and sharing 
information on taxation and customs related to the production and import of 
products and packaging specified i n Appendices 8 and 9 promulgated together 
with this Decree at the request of the Ministry of Natural Resources and 
Environment.  
Article 87. National EPR Portal  119 
 
1. The performance of producers and importers’ responsibilities specified 
in this Decree shall be registered, declared, reported, compiled and managed on 
the National EPR Portal.  
2. The National EPR Portal is connected to the tax, customs, and business 
registration databases to ensure the declaration of producers and importers to be 
in compliance wi th the law; the database connection shall be conducted in 
compliance with the law.  
3. The National EPR Portal shall be opened and decentralized in 
accordance with the types of account users and registered entities.  
4. The Ministry of Natural Resources and Environment shall develop, 
manage and operate the National EPR Portal.  
Article 88. National EPR Council  
1. The National EPR Council is an interdisciplinary council with the task 
of advising and assisting the Minister of Natural Resources and Environment i n 
management and supervision of the performance of producers and importers’ 
responsibilities as specified in this Decree.   
The National EPR Council works on the collective working regime, 
deciding by majority.  
2. The composition of the National EPR Counci l includes representatives 
from the Ministries of Natural Resources and Environment, Finance, Industry 
and Trade, Health, Agriculture and Rural Development; representatives of the 
producers and importers; representatives of relevant institutions, experts, and 
waste recyclers and treatment establishments.  
3. The Minister of Natural Resources and Environment shall decide on the 
establishment of the National EPR Council, its membership; promulgate 
regulations on its organization and operation; and stipulates f unctions, tasks, 
powers on its assisting office.   
 
Chapter VII 
ENVIRONMENTAL MONITORING  
 
Section  1 
CONDITIONS FOR PARTICIPATION IN ENVIRONMENTAL 
MONITORING ACTIVITIES  
Article 89. Monitoring activities in service of state management of 
environmental protection  120 
 
1. National environmental monitoring program.  
2. Local environmental monitoring program.  
3. Environmental monitoring program of production, business, and 
service establishments as required by the law on environmental protection.  
4. Exhaust monit oring services of road motor vehicles, except for the 
inspection of technical safety, quality, and environmental protection under the 
state management responsibility of the Ministry of Transport.  
5. Environmental monitoring activities in service of inspect ion, 
examination, supervision, prevention, and control of crimes, violations of the 
law on environmental protection, and other state management of environmental 
protection.  
Article 90. Subjects granted certificates of eligibility to provide 
environmental m onitoring services  
The certificate of eligibility for environmental monitoring services is 
granted to organizations providing environmental monitoring services as 
prescribed, including:  
1. Enterprises are established under the provisions of the Enterprise Law.  
2. Organization of scientific and technological activities in the field of 
testing shall be established under the provisions of the Law on Science and 
Technology.  
3. Public non -business organizations with the function of operating in the 
field of envi ronment are established and operate according to the Government's 
regulations on the establishment, reorganization, and dissolution of public non -
business units.  
Article 91. Conditions for issuance of certificates of eligibility for 
environmental monitorin g services  
1. An organization that is granted a certificate of eligibility to provide 
environmental monitoring services, except for the subjects specified in Clause 5 
of this Article, must satisfy the conditions specified in Clauses 2, 3, and 4 of this 
Article.  
2. Conditions on environmental monitoring capacity for organizations 
specified in Clause 1 of this Article include:  
a) Having an establishment decision or a certificate of registration of 
scientific and technological activities or a business registration cert ificate or an 
investment certificate issued by a competent state management agency, 
including the following: environmental monitoring;  
b) Capable of performing environmental monitoring for at least one of the 
environmental samples, including continental su rface water; wastewater; 
Groundwater; seawater; ambient air; emissions; soil; sediment; mud; solid 121 
 
waste; raw materials, fuels, materials, products, goods, and equipment 
containing persistent organic pollutants. For each environmental sample matrix 
(except  emissions sample) for which the organization applies for certification, 
the organization must be capable of performing both field monitoring and 
environmental analysis. Environmental analysis capacity for each matrix (except 
for raw materials, fuel, mater ials, products, goods, and equipment) for which the 
organization requesting the certification must satisfy the minimum conditions at 
the following points: c, d, dd, e, and g of this clause;  
c) For the capacity to analyze samples of continental surface wate r or 
wastewater that the organization requests for certification: the organization must 
have sufficient environmental analysis capacity for basic parameters as 
prescribed in the national environment technical regulations includes: BOD5, 
COD, total suspende d solids (TSS), total phosphorus (TP), total nitrogen (TN);  
d) For the capacity to analyze groundwater samples that the organization 
requests for certification: the organization must have sufficient capacity to 
analyze the environment for basic parameters as prescribed in the national 
technical regulations on the environment include: permanganate index, NH4+, 
NO3 -, Fe; 
dd) For the capacity to analyze seawater samples for which the 
organization applies for certification: the organization must have sufficient  
capacity to analyze the environment for basic parameters as prescribed in the 
national technical regulations on the environment include TSS, NH4+, PO43 -; 
e) For the capacity to analyze air samples (ambient air or industrial 
emissions) for which the organi zation applies for certification: the organization 
must have sufficient environmental analysis capacity for basic parameters 
according to regulations. defined in the national technical regulations on the 
environment include: SO2, NO2, CO, total suspended d ust (TSP);  
g) For the ability to analyze samples of soil or sediment or sludge from 
water or solid waste treatment system for which the organization applies for 
certification: the organization must have sufficient environmental analysis 
capacity for the fo llowing parameters: Basic regulations include: pH; metals 
(including As, Cu, Zn, Pb, Ni, Cd, Cr, Hg) or organic compounds 
(organochlorine compounds or organophosphorus compounds).  
3. Conditions for field monitoring activities:  
a) There is at least 02 full -time staff to carry out field monitoring 
activities. In case the organization registers field sampling activities for 
pollution parameters in the form of PM (a mixture of solid particles and liquid 
droplets) or volatile organic compounds (VOCs) in the exha ust gas, they must 
have at least 04 full -time staff to carry out field monitoring activities; qualified 
staff to carry out field observations of registered parameters;  
b) There must be a person directly in charge of the field monitoring team 122 
 
with a univers ity degree or higher with one of the majors in the environment, 
chemistry, biology, forestry, and soil and has at least 02 years of experience in 
the field of environmental monitoring;  
c) Persons performing field observations must have at least elementary 
qualifications corresponding to the rank of class IV natural resource and 
environment observer. In which, the number of people with qualifications 
corresponding to the rank of class IV natural and environmental observers 
accounted for no more than 30% of t he contingent of people performing field 
observations;  
d) The equipment must be inspected and calibrated according to 
regulations, ensuring accuracy according to the monitoring techniques 
prescribed by the Ministry of Natural Resources and Environment; hav e 
standard operating procedures for all monitoring equipment in the field; fully 
equipped with protective equipment and labor safety for staff conducting field 
observations.  
4. Conditions for environmental analysis activities:  
a) There are at least 04 full -time staff to conduct environmental analysis 
according to environmental components and analytical parameters requested for 
certification; the staff in charge of carrying out environmental analysis activities 
must be capable of performing field observation s for the registered parameters;  
b) The laboratory manager must have a university degree or higher with 
one of the majors in chemistry, environment, biology and must have at least 5 
years of experience in the case of a university degree, 03 years of experi ence in 
the case of a master's degree, 02 years of experience in the case of a doctoral 
degree in the field of environmental analysis;  
c) The person in charge of quality assurance and quality control of the 
laboratory must have a university degree or higher with one of the majors in 
chemistry, environment, biology and must have at least 03 years of experience 
in the field. the field of environmental analysis;  
d) The person performing the analysis at the laboratory, except the 
laboratory manager and the  person in charge of quality assurance and quality 
control, must have an intermediate degree or higher, trained in the field of 
analysis. environment for certification;  
dd) Environmental analysis equipment must be inspected and calibrated 
according to regu lations, ensuring accuracy according to analysis techniques 
prescribed by the Ministry of Natural Resources and Environment; have 
procedures for using and operating all equipment; have adequate means of labor 
protection and safety for environmental analyst s; 
e) Having standard operating procedures, reporting on analytical methods 
approved by the organization for registered environmental parameters;  
g) The laboratory must be separated into areas as required including 123 
 
sample storage and sample storage area, s ample processing and physicochemical 
analysis area, microbiological analysis area, weighing area; must be ensured to 
maintain good experimental conditions (in terms of light, power, humidity, 
temperature, sterility, ventilation) and enough space to perform  analytical 
activities required by the method. analysis;  
h) Implement measures to ensure industrial hygiene, fire prevention, and 
fighting safety, collection, management, and treatment of waste in accordance 
with the law.  
5. Environmental monitoring condit ions for organizations providing 
emission monitoring services for road motor vehicles:  
a) Having an establishment decision or a certificate of registration of 
scientific and technological activities or a business registration certificate or an 
investment c ertificate issued by a competent state management agency, 
including the following: environmental monitoring;  
b) Having sufficient capacity to observe and measure basic parameters 
according to national technical regulations on the environment for basic 
parameters CO, HC; for organizations implementing automobile emission 
monitoring, in addition to CO and HC parameters, they must be capable of 
monitoring parameters of CO2, O2, Lamda, smog, N (%HSU), light absorption 
coefficient bright of exhaust gas;  
c) The m anager or person in charge of ensuring the quality of vehicle 
emission monitoring activities of the organization must have an intermediate or 
higher degree and have been trained in one of the fields of automotive 
engineering, mechanical engineering, traffi c mechanics, environment and must 
have at least 01 year of experience in the field of road motor vehicle emissions;  
d) There are at least 02 people performing emission monitoring activities 
of road motor vehicles. Persons performing emission monitoring mus t have a 
high school diploma or higher, have been trained in automotive engineering, 
dynamic mechanics, traffic mechanics, and environment;  
dd) The equipment must be tested, calibrated, ensuring accuracy 
according to the monitoring technique as prescribed;  have standard operating 
procedures for all traffic emission monitoring devices; fully equipped with 
protective equipment and labor safety for employees.  
Article 92. Certificate of eligibility for environmental monitoring 
services  
1. The Ministry of Natura l Resources and Environment shall issue and 
adjust certificates of eligibility for environmental monitoring services.  
2. A certificate of eligibility for environmental monitoring services shall 
be granted to an organization performing environmental monitor ing activities 
when the conditions specified in Article 91 of this Decree are satisfied.  124 
 
3. The certificate of eligibility for environmental monitoring service 
activities shall replace the certificate of registration of experimental activities in 
the field  of environmental monitoring under the management of the Ministry of 
Natural Resources and Environment according to regulations of the Government 
on business conditions for conformity assessment services.  
4. The certificate of eligibility to provide enviro nmental monitoring 
services is valid for 36 months from the date of issue and can be re -issued many 
times, each re -issuance is valid for no more than 36 months.  
5. In case of modification of the certificate content, the validity period of 
the certificate o f content adjustment is unchanged compared to the issued 
certificate.  
6. A certificate of eligibility to provide environmental monitoring services 
includes the following main contents:  
a) Organization's name and address;  
b) The field and scope of the certificate;  
c) The date of issue and validity of the certificate;  
d) Certification body.  
7. The Ministry of Natural Resources and Environment shall issue a form 
of the certificate of eligibility for environmental monitoring service activities.  
Article 93.  Order and procedures for granting certificates of 
eligibility for environmental monitoring services  
1. Procedures for granting a certificate of eligibility for environmental 
monitoring service activities shall be carried out to an organization that applie s 
for a certificate for the first time or an organization that wishes to re -issue the 
certificate.  
2. An application for a certificate of eligibility for environmental 
monitoring services shall be made in 1 set, including:  
a) A written request for a certif icate of eligibility for environmental 
monitoring services;  
b) Capacity profile of the organization.  
3. The order and procedures for granting a certificate of eligibility for 
environmental monitoring services are as follows:  
a) The organization applying for a certificate sends the application file 
specified in Clause 2 of this Article by sending a paper copy directly, sending a 
paper copy by post, or sending an electronic copy through the public service 
system. online;  
b) Within 03 days from the date of r eceipt of complete and valid dossiers, 
the certificate -issuing agency shall send a notice of assessment fee collection to 125 
 
the organization. The organization pays the appraisal fee and sends the 
documents proving the payment of the appraisal fee (receipt, r eceipt, or another 
document) to the certification body. The time for the organization to pay the fee 
is not included in the appraisal time of the certificate -issuing agency. In case the 
dossier is incomplete or invalid, the certificate -issuing agency shall  return the 
dossier to the certification -requesting organization and request additional 
documents as prescribed;  
c) Within 45 days from the date of receipt of the fee for assessment of 
conditions for environmental monitoring services, the certificate -issuing agency 
shall appraise and issue a certificate of eligibility for service operation. 
environmental monitoring for the organization applying for certification 
(excluding the time to correct and supplement the organization's profile). The 
appraisal of cond itions for the operation of environmental monitoring services in 
service of the issuance of certificates of eligibility for environmental monitoring 
services shall be carried out through the appraisal council specified in Clause 4 
of this Article on the ba sis of results of assessment and review on records; the 
results of the assessment, the actual inspection at the organization and the results 
of the meeting of the council to appraise the operating conditions for 
environmental monitoring services.  
For organ izations that measure the emissions of road motor vehicles, 
depending on the specific school, the certification body may decide to conduct 
the inspection in the form of face -to-face or online.  
In case the certificate of eligibility for environmental monito ring services 
is not granted, the certificate -issuing agency shall notify in writing the 
certification -requesting organization, clearly stating the reasons therefor.  
4. The Council for appraisal of environmental monitoring service 
operating conditions consists of at least 5 members, with the composition of 
which includes: 01 Chairman of the council; 01 Vice Chairman of the Council 
when necessary; 01 secretary and other members are experts with expertise and 
experience in the field of environmental monit oring. The members of the 
appraisal council are responsible for studying the dossiers and doing the actual 
inspection at the organization; writing comments and evaluation sheets on 
certification contents and taking responsibility before law for their comme nts 
and assessments.  
5. The Ministry of Natural Resources and Environment shall promulgate 
the form of a written request and capacity profile of the organization specified in 
Clause 2 of this Article; detailed regulations on appraisal and issuance of 
certificates of eligibility for environmental monitoring services specified in 
Clauses 3 and 4 of this Article.  
Article 94. Order and procedures for adjustment of contents of 
certificates of eligibility for environmental monitoring services  
1. Procedures for ad justing the certificate of eligibility for environmental 126 
 
monitoring services shall be carried out for organizations whose certificates of 
environmental monitoring services are valid for at least 06 months.  
2. Organizations operating in environmental monito ring services that want 
to change the field and scope of field monitoring and environmental analysis 
compared with the contents of the issued certificate must carry out procedures 
for adjusting the content of the certificate. receive conditions for environ mental 
monitoring services.  
3. An application for modification of the certificate of eligibility to 
provide environmental monitoring services shall be made in 1 set, including:  
a) A written request for modification of the certificate of eligibility to 
provide environmental monitoring services;  
b) Capacity profile of the organization.  
4. Order and procedures for adjusting the certificate of eligibility for 
environmental monitoring services:  
a) The organization requests for modification of the certificate of 
submission of documents as prescribed in Clause 2 of this Article by sending a 
paper copy directly, sending a paper copy by post, or sending an electronic copy 
through the system. online public services;  
b) Within 03 days from the day on which the complete  and valid 
application is received, the certificate -issuing agency shall send a notice of 
assessment fee collection to the organization. The organization pays the 
appraisal fee and sends the documents proving the payment of the appraisal fee 
(receipt, rece ipt, or another document) to the certification body. The time for the 
organization to pay the fee is not included in the appraisal time of the certificate -
issuing agency. In case the dossier is incomplete or invalid, the certificate -
issuing agency shall re turn the dossier to the certification -requesting 
organization and request additional documents as prescribed;  
c) Within 30 days from the date of receipt of the fee for assessment of 
conditions for environmental monitoring services, the certificate -issuing agency 
is responsible for assessing and adjusting the content of the certificate of 
eligibility for the operation of environmental monitoring service for the 
organization that requests to adjust the certificate content (excluding the time to 
correct and su pplement the organization's profile). The appraisal of conditions 
for the operation of environmental monitoring services in service of adjusting 
the content of certificates of eligibility for environmental monitoring services 
shall be carried out through t he appraisal council specified in Clause 5 of this 
Article on a basis of assessment results, review on records; the results of the 
assessment, the actual inspection at the organization, and the results of the 
meeting of the council to appraise the operatin g conditions for environmental 
monitoring services.  
In case of refusal to accept modification of the certificate of eligibility to 127 
 
provide environmental monitoring services, the certificate -issuing agency shall 
notify the organization in writing and clearl y state the reasons therefor.  
5. The Council for appraisal of conditions for environmental monitoring 
services shall comply with the provisions of Clause 4, Article 93 of this Decree.  
6. The Ministry of Natural Resources and Environment shall promulgate 
the form of written request and capacity profile of the organization specified in 
Clause 3 of this Article; Detailed regulations on appraisal, granting and 
adjustment of certificates of eligibility for environmental monitoring services 
specified in Clause 4 of this Article.  
Article 95. Responsibilities of organizations granted certificates of 
eligibility to provide environmental monitoring services  
1. Organizations granted certificates of eligibility for environmental 
monitoring service activities must ensu re to maintain the capacity conditions 
strictly according to the issued certificates. When there is a change related to the 
conditions specified in Article 91 of this Decree, the organization must notify in 
writing the Ministry of Natural Resources and Env ironment within 07 days from 
the date of the change.  
2. Organizations granted certificates of eligibility for environmental 
monitoring services must make paper or electronic records for storage and 
separate monitoring of environmental monitoring activities  performed by such 
organizations to serve the inspection and examination.  
Records related to the organization's environmental monitoring activities 
include: chemical monitoring books; results return slips; management records on 
the use of environmental mon itoring equipment, records or systems for 
monitoring and receiving laboratory samples, records on quality assurance and 
quality control in environmental monitoring, in data management according to 
regulations of the Ministry of Natural Resources and Enviro nment on 
environmental monitoring techniques, liquidation minutes and other forms of 
contract with customers according to the provisions of civil law and other 
relevant documents.  
3. When participating in the provision of environmental monitoring 
services,  in case an organization signs a service provision contract with a 
customer, the contract must have its own symbol to identify and clearly state the 
date, month, and year of the contract. The organization's own symbol must be 
numbered. The ordinal number i s denoted starting from the time of signing the 
first contract of the calendar year and ending at the last contract of the year, 
ensuring the correct order of contract signing time.  
4. Return the results to the customer through the monitoring result sheet 
signed and stamped by the authorized person of the organization. The 
monitoring result sheet is designed in a separate form, which must show the 
information specified in Clause 5 of this Article.  128 
 
5. Information on monitoring results sheet:  
a) Name of the o rganization;  
b) Name of customer paying the voucher;  
c) Number of issued VIMCERTS certificates;  
d) Date, month, and year of issue of the ballot;  
dd) Symbol of the ticket: The symbol must be numbered according to year 
and number of years. The ordinal number is denoted starting from the time of 
issuing the first ballot of the calendar year and ending at the last issued slip of 
the year, ensuring the correct order of issuance time. The organization can add 
its own set of symbols in the symbols part of the ticket to serve the classification 
and internal management of the organization but must ensure the rule of 
numbering the votes in the correct chronol ogical order of set-piece taking.  
e) Analysis results: parameters, methods of use, measurement results and 
reference standards, standards or specifications (if any);  
g) In case of hiring another organization to observe parameters for which 
they are not certified, the name of the implementing organization must be 
clearly noted together with the monitoring result sheet provided by that 
organization;  
h) The organization must have a book or system to keep track of the 
monitoring result sheets returned to the  customers, which must contain at least 
the following information: sign symbols, including ordinal numbers of votes; 
date, month, year of issue, and name of customer paying the voucher. 6. Trường 
hợp tổ chức tự thực hiện việc quan trắc môi trường để phục vụ  cho hoạt động 
nghiên cứu của tổ chức, thực hiện việc quan trắc để theo dõi nội bộ mà không ký 
kết hợp đồng và không xuất phiếu kết quả quan trắc cho một bên thứ hai thì không 
bắt buộc phải áp dụng các quy định tại các khoản 2, 3 và 4 Điều này.  
7. Organiza tions must keep original monitoring records and data for all 
monitoring service activities performed in the last 3 years, except for the case 
specified in Clause 6 of this Article.  
8. An organization that has been granted a certificate of eligibility for 
environmental monitoring services, in case of hiring another organization to 
perform monitoring of uncertified parameters, must select an organization that 
has been approved. issue a certificate of eligibility to operate environmental 
monitoring services fo r that parameter in order to directly conduct monitoring. A 
record of sample handovers between organizations shall be kept in the records of 
each organization.  
Article 96. Technical requirements for organizations and individuals 
observing the environment i n order to provide and disclose information on 
environmental quality to the community  
1. The Ministry of Natural Resources and Environment organizes the 129 
 
implementation of the national environmental quality monitoring program and is 
responsible for disclosi ng information to the community in the forms of 
information disclosure specified in Clause 6, Article 102 this Decree.  
2. Provincial -level People's Committees shall organize the 
implementation of the environmental quality monitoring program in their 
respec tive management areas and are responsible for disclosing information to 
the community in the forms of information disclosure specified in Clause 6. 
Article 102 of this Decree.  
3. Agencies, organizations, and individuals carry out periodical and 
regular monitoring of environmental quality for environmental components and 
use environmental quality monitoring results to directly provide and announce 
information on environmental quality to the community must satisfy the 
conditions on environmental monitoring  capacity as prescribed in Article 91 of 
this Decree.  
4. Agencies, organizations, and individuals perform automatic and 
continuous monitoring of environmental quality for environmental components 
and use the results of automatic monitoring of environmental  quality to directly 
provide and provide information. Disclosure of information on environmental 
quality to the community must satisfy technical requirements for environmental 
quality monitoring, including:  
a) Technical requirements for continuous automati c monitoring 
equipment;  
b) Technical requirements on the installation location of monitoring 
stations;  
c) Human resources for management and operation;  
d) Testing and calibrating automatic monitoring equipment continuously 
according to the provisions of th e law on measurement;  
d) Quality control process.  
5. Agencies, organizations and individuals performing environmental 
monitoring specified in Clauses 3 and 4 of this Article, when disclosing 
environmental quality information to the community, must include information 
on monitoring locations and methods. monitoring method and equipment 
accuracy or reporting limits of the method and are responsible for the results of 
its environmental quality information disclosure.  
6. The subjects specified in Clause 4 of th is Article are responsible for 
reporting to the state management agency on the satisfaction of technical 
requirements on environmental monitoring before disclosing information to the 
community according to the form provided by the Ministry of Natural Resou rces 
and Environment. The Ministry of Natural Resources and Environment receives 
reports from agencies, organizations, and individuals that conduct automatic and 
continuous environmental quality monitoring in two or more provinces. 130 
 
Provincial -level special ized environmental protection agencies receive reports 
from agencies, organizations, and individuals that perform automatic and 
continuous environmental monitoring of environmental quality within a 
province.  
7. The Ministry of Natural Resources and Environ ment shall inspect the 
satisfaction of technical requirements on environmental quality monitoring for 
the subjects specified in Clause 4 of this Article when performing automatic 
environmental quality monitoring, continuously in two or more provinces. The 
specialized environmental protection agency of the province shall inspect the 
satisfaction of technical requirements on environmental quality monitoring for 
the subjects specified in Clause 4 of this Article when conducting environmental 
quality monitoring . automatically, continuously within a province.  
8. The Ministry of Natural Resources and Environment shall detail 
technical requirements for environmental monitoring in Clause 4 of this Article.  
 
Section 2 
MONITORING WASTEWATER, DUST, EMISSIONS  
Article 97. Wastewater monitoring  
1. Subjects, levels of wastewater discharge, and forms of automatic and 
continuous monitoring of wastewater and periodic monitoring of wastewater are 
specified in Appendix 10 to the Appendix to this Decree. (except for the 
following cases: establishments connected to centralized wastewater treatment 
systems, aquaculture establishments, establishments having wastewater 
treatment systems arising from periodic cleaning of tanks and tanks separate 
from wastewater treatment syste ms, cooling water discharge facilities that do 
not use chlorine or disinfectant chemicals to kill microorganisms, and facilities 
that discharge dry water from mining mines as common building materials, 
limestone). As follows:  
a) The subjects specified in C olumn 2 with the flow rate specified in 
Column 4 must perform automatic and continuous monitoring of wastewater and 
periodic monitoring of wastewater;  
b) The subjects specified in Column 2 with the flow rate specified in 
Column 5 are selected to perform au tomatic and continuous wastewater 
monitoring or periodic wastewater monitoring.  
2. Periodic monitoring of wastewater:  
a) Monitoring parameters and frequency of periodic wastewater 
monitoring are specified in the environmental permit;  
b) Main wastewater mon itoring parameters are specified in Column 3, 
Appendix 10, Appendix to this Decree. Other typical pollution parameters are 
determined according to the following bases: environmental technical 131 
 
regulations on wastewater; types of production, business and ser vices; fuels, raw 
materials and chemicals used; production technology, waste treatment 
technology; parameters exceeding environmental technical regulations are 
detected through inspection, inspection, and handling of violations of 
environmental laws; at th e request of the project owner or facility.  
The environmental licensing agency may not require additional 
monitoring of other parameters that are not based on the grounds specified at 
this point;  
c) The frequency of periodic wastewater monitoring is every 3 months for 
cases where environmental impact assessment is required and every 6 months 
for the remaining cases. For the parameters: total organochlorine pesticides, total 
organophosphorus pesticides, total polychlorinated biphenyls (PCBs), dioxins, 
easily  absorbed organic halogens (if any) frequency rate is 01 year/time.  
3. Automatic and continuous wastewater monitoring:  
a) Time limit for completing the installation of automatic and continuous 
wastewater monitoring system (with monitoring camera and automa tic sampling 
device) and connecting and transmitting data directly to a specialized protection 
agency provincial environment no later than December 31, 2024, for cases 
where installation is required. Automatic and continuous wastewater monitoring 
equipment  must be tested, verified, and calibrated in accordance with the law on 
standards, measurement, and quality.  
From January 1, 2025, investment projects are subject to automatic and 
continuous monitoring of wastewater with the discharge volume of wastewater 
into the environment specified in Column 4, Appendix 10, Appendix to 
promulgation. attached to this Decree must install automatic and continuous 
wastewater monitoring system before trial operation of waste treatment works.  
Projects, establishments, concent rated production, business, and service 
zones, and industrial clusters with the discharge volume of wastewater to the 
environment specified in Column 4, Appendix 10, Appendix to this Decree. 
Those who have installed an automatic and continuous wastewater m onitoring 
system according to regulations are exempted from performing periodic 
wastewater monitoring specified in Clause 2 of this Article until the end of 
December 31, 2024.  
Projects and establishments with the discharge volume of wastewater to 
the envir onment specified in Column 5, Appendix 10, Appendix to this Decree, 
have installed an automatic and continuous wastewater monitoring system 
according to regulations. are exempt from periodic wastewater monitoring 
specified in Clause 2 of this Article.  
The connection and transmission of wastewater monitoring data 
automatically and continuously are carried out in accordance with regulations on 
environmental monitoring techniques. Within 03 days from the date of receipt of 132 
 
a written request for connection and transmission of data from the project 
owner, the facility, the concentrated production, business and service zone, the 
industrial cluster, the security agency Environmental protection at the provincial 
level or an authorized agency must provide an FTP acco unt to connect and 
transmit monitoring data. Immediately after completing the connection and 
transmission of automatic and continuous wastewater monitoring data, the 
specialized environmental protection agency of the province or the authorized 
agency must notify in writing of the completion of connecting and transmitting 
data to project owners, facilities, concentrated production, business and service 
zones, industrial clusters to know and perform;  
b) Automatic and continuous wastewater monitoring parameters are 
specified in Column 3, Appendix 10, Appendix to this Decree, except for the case 
specified at Point c of this Clause and the case of organizations and individuals. 
Serious violations of the act of discharging wastewater are automatically mon itored 
by a competent state agency, and continuously supplemented with a number of 
specific parameters to control environmental pollution;  
c) If a project or establishment discharges cooling water using chlorine or 
disinfectant chemicals to kill microorgan isms into the environment with a flow rate 
of 1,000 m3/day (24 hours) or more, the project owner or establishment shall install 
it. set automatic and continuous monitoring parameters including flow, 
temperature, and chlorine for that source of cooling wate r; 
d) Projects, facilities, concentrated production, business and service zones, 
industrial clusters that have performed automatic and continuous monitoring of 
wastewater with main monitoring parameters meeting environmental technical 
regulations for 03 ye ars. For consecutive years, and the results of inspection and 
inspection of the nearest competent state agency (with a wastewater sample 
meeting environmental technical regulations) without violations on the act of 
discharging wastewater, they are exempted  from performing periodically measure 
wastewater.  
Owners of projects, establishments, concentrated production, business, and 
service zones or industrial clusters shall send a written notice made according to the 
form promulgated by the Ministry of Natural Resources and Environment to the 
agency that has issued the environmental permit; In the case of an environmental 
permit issued by a central authority (except in the case of a national defense or 
security secret), it must be further sent to a provincial -level specialized agency in 
charge of environmental protection for monitoring and supervision of the 
implementation process.  
dd) The automatic and continuous wastewater monitoring parameter value 
is determined according to the daily average value (24 hours)  of the 
measurement results (according to the technical characteristics of each type of 
equipment) for that parameter. For the case of discharging wastewater after 
batch treatment (batch wastewater treatment technology), the values of 
automatic and continu ous wastewater monitoring parameters are determined 133 
 
according to the average value of 01 hour, in case of Wastewater discharge time 
less than 01 hour is determined according to the average value of measurement 
results during that discharge period. Values o f automatic and continuous 
wastewater monitoring parameters are compared with the maximum allowable 
values of pollution parameters according to environmental technical regulations 
on wastewater.  
4. The results of periodical wastewater monitoring, automatic  and 
continuous wastewater monitoring are used to monitor and evaluate the 
efficiency and suitability of the wastewater treatment facility, and are used for 
declaration and submission of environmental protection fees for wastewater and 
sanctioning administ rative violations in the field of environmental protection (if 
any).  
5. Provincial -level specialized environmental protection agencies, when 
detecting monitoring parameters exceeding environmental technical regulations 
through periodic self -monitoring, aut omatic and continuous monitoring, must 
perform one of the following measures:  
a) There is a written notice made according to the form promulgated by 
the Ministry of Natural Resources and Environment to the project owner, 
establishment, production, business , concentrated service area or industrial 
cluster about the results of wastewater monitoring ( periodically or 
automatically, continuously) exceed environmental technical regulations and 
require remedial measures as prescribed. After a written notice speci fied at this 
point is issued, if the monitoring results still exceed the environmental technical 
regulations, the provincial -level specialized environmental protection agency 
shall organize a working session with the project owner, the establishments, 
conc entrated production, business, and service zones, industrial clusters and 
make records of administrative violations in the field of environmental 
protection for consideration and handling in accordance with law;  
b) Take a field sample or collect a sample f rom an automatic sampler for 
analysis. The analysis results of wastewater samples are the basis for 
considering and handling violations (if any) according to the provisions of law. 
The cost of taking and analyzing samples shall be paid directly by the proj ect 
owner, facility, production, business, service center, or industrial cluster to a unit 
capable of analyzing samples as prescribed by law.  134 
 
6. In case the owner of a project, establishment, concentrated production, 
business or service zone, or industria l cluster reports incorrect data on pollution 
or commits a violation of the act of discharging wastewater in excess of 
technical regulations Environmental engineering (including cases exempted 
from periodic wastewater monitoring), project owners, facilitie s, production, 
business, concentrated services, industrial clusters must do the following:  
a) Rectify violations according to decisions of competent state agencies;  
b) Reviewing wastewater treatment works to determine the causes of 
pollution;  
c) Renovate and upgrade wastewater treatment works (if any);  
d) Re -operate the wastewater treatment works; conduct monitoring of 
wastewater according to the guidance of the Ministry of Natural Resources and 
Environment, ensuring that it is treated to meet environmenta l technical 
regulations on wastewater before being discharged into the environment.  
7. The monitoring organization is responsible before law for the accuracy 
of wastewater monitoring results for investment project owners, establishments, 
production, busine ss, concentrated service areas, industrial clusters. according to 
regulations of the law.  
Article 98. Industrial emission monitoring  
1. Objects, types of works, equipment for discharging dust and exhaust 
gases and the level of flow or capacity of the works , equipment to treat dust and 
gas emissions must be monitored automatically, continuously, and periodically. 
specified in Appendix 11 to the Appendix to this Decree. As follows:  
a) The subjects specified in Column 2 who have works, dust, and exhaust 
gas di scharge equipment specified in Column 3 with the flow rate or capacity of 
the works, dust, and exhaust treatment equipment specified in Column 5 must 
perform automatic and continuous monitoring of dust and gas emissions and 
periodical monitoring of dust an d gas emissions;  
b) The subjects specified in Column 2 have works, dust and gas discharge 
equipment specified in Column 3 and the flow rate or capacity of the works, 
dust, and exhaust treatment equipment specified in Column 6 are allowed 
choose to perform automatic and continuous monitoring of dust and emissions 
or periodic monitoring of dust and emissions.  
2. Periodic monitoring of industrial dust and gas emissions:  
a) Monitoring parameters and frequency of periodical industrial dust and 
gas monitoring are  specified in the environmental permit;  
b) Main industrial dust and gas emission monitoring parameters are 
specified in Column 4, Appendix 11 to the Appendix to this Decree. Other 
typical pollution parameters are determined according to the following bases : 
environmental technical regulations; types of production, business and services; 135 
 
fuels, raw materials and chemicals used; production technology, waste treatment 
technology; parameters exceeding environmental technical regulations are 
detected through ins pection, inspection, and handling of violations of 
environmental laws; at the request of the project owner or facility.  
The environmental licensing agency may not require additional 
monitoring of other parameters that are not based on the grounds specified  at 
this point;  
c) The frequency of periodic monitoring of industrial dust and gas 
emissions is every 3 months for cases where environmental impact assessment is 
required and every 6 months for the remaining cases. For parameters: heavy 
metals, organic compounds (if any) the frequency is every 6 months; for 
Dioxin/Furan (if any) the frequency is once a year.  
3. Automatic and continuous monitoring of industrial dust and gas 
emissions:  
a) Time limit for completing the installation of automatic and continuo us 
industrial dust and gas monitoring system (with monitoring camera) and direct 
connection and transmission of data to the environmental protection competent 
agency at province -level no later than December 31, 2024, for cases where 
installation is require d. Automatic and continuous industrial dust and gas 
monitoring equipment must be tested, verified, and calibrated according to the 
provisions of the law on standards, measurement, and quality.  
From January 1, 2025, investment projects are subject to automa tic and 
continuous monitoring of industrial dust and gas emissions with the flow rate or 
capacity of the works, dust, and exhaust treatment equipment. specified in 
Column 5, Appendix 11 of the Appendix issued together with this Decree, must 
install an auto matic and continuous industrial dust and gas monitoring system 
before the trial operation of the waste treatment works.  
Projects, establishments with the flow rate or capacity of the works, dust 
and exhaust treatment equipment specified in Column 5, Append ix 11 to the 
Appendix to this Decree, have installed monitoring systems. Industrial dust and 
gas emissions automatically and continuously according to regulations, are 
exempted from conducting periodical monitoring of industrial dust and gas 
emissions spec ified in Clause 2 of this Article until the end of December 31, 
2024.  
Projects and establishments with the flow rate or capacity of the works, 
dust, and exhaust treatment equipment specified in Column 6, Appendix 11 to 
the Appendix to this Decree, have ins talled monitoring systems. Automatic and 
continuous industrial dust and gas emissions as prescribed are exempted from 
periodical monitoring of industrial dust and gas emissions specified in Clause 2 
of this Article.  
The connection and transmission of dust and industrial emissions 136 
 
monitoring data automatically and continuously is carried out in accordance 
with regulations on environmental monitoring techniques. Within 03 days from 
the date of receipt of a written request for connection and transmission of da ta 
from the project owner, the facility, the provincial -level specialized 
environmental protection agency or an authorized agency must provide an 
account. FTP to connect and transmit monitoring data. Immediately after 
completing the connection and transmis sion of automatic and continuous 
industrial dust and gas monitoring data, the provincial environmental protection 
agency or an authorized agency must issue a written notice of its approval. 
complete the connection and transmission of data to the project ow ner and 
facility for knowledge and implementation;  
b) Automatic and continuous industrial dust and gas emission monitoring 
parameters are specified in Column 4, Appendix 11 to the Appendix to this 
Decree, except for cases where organizations and individual s commit serious 
violations of the regulations. the act of discharging industrial dust and gas is 
automatically monitored by a competent state agency, continuously adding a 
number of specific parameters to control environmental pollution;  
c) The project, f acility has carried out automatic and continuous 
monitoring of industrial dust and gas emissions with key monitoring parameters 
meeting environmental technical regulations for 3 consecutive years and the 
inspection and inspection results of the project. Th e nearest competent state 
agency (whose samples of industrial dust and emissions meet the environmental 
technical regulations) and has not committed any violation of the act of 
discharging industrial dust or gas in excess of the prescribed technical 
regula tions shall be entitled to exempt from periodic wastewater monitoring.  
The project owner or facility shall send a written notice, made according 
to the form promulgated by the Ministry of Natural Resources and Environment, 
to the agency that has issued the  environmental permit; In the case of an 
environmental permit issued by a central authority (except in the case of a 
national defense or security secret), it must be further sent to a provincial -level 
specialized agency in charge of environmental protectio n for monitoring and 
supervision of the implementation process.  
d) The automatic and continuous dust and exhaust gas monitoring 
parameter values are determined according to the daily average value (24 hours) 
of the measurement results (according to the technical characteristics of each 
type of equipment) for each type of equipment. that number. For the case of 
discharging dust and gas in batches (from time to time), the values of automatic 
and continuous dust and exhaust monitoring parameters are determi ned 
according to the average value of 01 hour, in case the discharge time less than 1 
hour is determined according to the average value of the measurement results 
during that discharge period. The values of automatic and continuous 
monitoring parameters of  dust and exhaust gas are compared with the maximum 
allowable values of pollution parameters according to environmental technical 137 
 
regulations on emissions.  
4. The results of periodical dust and gas monitoring, automatic and 
continuous monitoring of dust an d gas emissions are used to monitor and 
evaluate the efficiency and suitability of dust and exhaust gas treatment works, 
using used to declare and pay environmental protection fees (if any) and 
sanction administrative violations in the field of environment al protection (if 
any).  
5. Provincial -level specialized environmental protection agencies, when 
detecting monitoring parameters exceeding environmental technical regulations 
through periodic self -monitoring, automatic and continuous monitoring, must 
perfor m one of the following measures:  
a) There is a written notice, made according to the form issued by the 
Ministry of Natural Resources and Environment, to the project owner or facility 
knowing that the dust and gas emission monitoring results (periodically or 
automatically or continuously) exceed the environmental technical regulation 
and require remedial action according to regulations. After the written notice 
specified at this point is issued, if the monitoring results still exceed the 
environmental techn ical regulations, the provincial environmental protection 
agency shall organize a working session with the project owner, and make 
records of administrative violations in the field of environmental protection for 
consideration and handling according to the  provisions of law;  
b) Organize measurement and take field samples to analyze pollution 
parameters in dust and exhaust gas. The results of the analysis of exhaust gas 
samples are the basis for considering and handling violations (if any) according 
to the p rovisions of law. The cost of measuring, taking, and analyzing samples 
shall be paid directly by the project owner and the establishment to the unit 
having sufficient analytical capacity in accordance with the provisions of law.  
6. In case the project owne r or establishment reports incorrect pollution 
data or commits a violation of the act of discharging dust and gas in excess of 
the prescribed technical regulations (including cases exempted from  periodically 
monitoring dust and gas emissions), project owne rs and establishments must do 
the following:  
a) Rectify violations according to decisions of competent state agencies;  
b) Review dust and gas treatment works to determine the causes of 
pollution;  
c) To renovate and upgrade dust and gas treatment works (if any);  
d) Re -operate dust and exhaust treatment work; conduct dust and gas 
emissions monitoring under the guidance of the Ministry of Natural Resources 
and Environment, ensuring that dust and exhaust gases must be treated to meet 
environmental technical reg ulations on emissions before being discharged into 
the environment.  138 
 
7. The monitoring organization shall take responsibility before law for the 
accuracy of industrial dust and gas emission monitoring results for investment 
project owners and establishments  in accordance with the law.  
 
Chapter  VIII 
INFORMATION SYSTEM, ENVIRONMENTAL DATABASE  
Section  1 
ENVIRONMENTAL INFORMATION  
Article 99. Management of environmental information  
1. Contents of environmental information are specified in Clause 1, 
Article 114 of  the Law on Environmental Protection. Some details are specified 
as follows:  
a) Information on waste sources, including information on investment 
project owners, establishments, investors in infrastructure construction and 
business in production, business,  and service concentration zones, industrial 
clusters; information on generation and receiving sources of wastewater, exhaust 
gas, noise, vibration, solid waste, hazardous waste; information on scrap 
permitted to be imported as raw production materials for  establishments that use 
imported scrap as raw production materials; information on hazardous waste 
received and treated for hazardous waste treatment service providers; 
environmental protection technical infrastructure; environmental monitoring and 
manage ment program; plans for environmental improvement and restoration, 
biodiversity compensation, prevention and response to environmental incidents 
and other environmental protection measures; information on emission sources 
from traffic activities, agricultu ral production, and daily -life activities;  
b) Waste information including volume generated, collected, treated, 
recycled, and reused for each type of daily -life solid waste, ordinary industrial 
solid waste, and hazardous waste. , domestic wastewater, produ ction 
wastewater, dust, exhaust gas and other types of waste as prescribed by law; 
waste treatment technologies and works, results of monitoring of various types 
of waste;  
c) Information on the current state of environmental quality, including 
information and data on the current state, developments, and forecast of the 
quality of the air environment, soil, continental surface water, sediment, 
groundwater, and seawater. ; zoning for water use purposes, quotas for discharge 
into the water environment; locatio ns and areas contaminated with the 
environment, information on environmental incidents, areas of residual 
pollution; plans and measures to remedy, treat, and restore the environment, 
solutions to protect and improve surface water quality;  
d) Information on  nature conservation and biodiversity including 
information on natural heritage sites, nature reserves, and biodiversity 139 
 
conservation facilities; important wetlands; information on natural ecosystems, 
biological species, and genetic resources; information on pressures on 
biodiversity; measures to manage and conserve biodiversity; permits in 
management and conservation of biodiversity.  
2. Environmental information management includes activities:  
a) Collecting environmental information and information about agencies, 
organizations, and individuals providing and generating information; the time to 
provide and create information in accordance with the law;  
b) Integrating and storing environmental information into the 
environmental database through application p latforms, environmental digital 
data services, and other records and document management systems as 
prescribed;  
c) Provide environmental information, descriptive information about 
environmental information to the environmental management agency as 
prescrib ed in Article 100 of this Decree;  
d) Provide environmental information at the request of organizations and 
individuals and publicize environmental information as prescribed in Articles 
101 and 102 of this Decree;  
dd) Process and synthesize environmental in formation to serve the 
requirements of state management of environmental protection.  
Article 100. Provision of environmental information to environmental 
information management agencies  
1. Environmental information and accompanying information shall be 
provided to the environmental management agency in one of the following 
forms:  
a) Through the environmental information system and database at all 
levels as prescribed in Article 106 of this Decree;  
b) Approve reports as prescribed by law;  
c) Other forms a s prescribed by law.  
2. The time of providing information for each type of environmental 
information shall comply with the provisions of the law on reporting regimes, 
updating information systems and environmental databases, and upon request of 
the state m anagement agency in charge of environmental protection.  
3. Agencies, organizations, and individuals providing environmental 
information must be responsible for the completeness, accuracy, and timeliness 
of the information.  
Article 101. Provision of environ mental information at the request of 
organizations and individuals  140 
 
1. The provision of environmental information at the request of 
organizations and individuals must comply with the provisions of the law on 
access to information, the law on intellectual property, and the provisions of this 
Decree.  
2. The provision of environmental information at the request of 
organizations and individuals is done as follows:  
a) Through online public services, digital data services;  
b) According to the agreement between t he organization or individual and 
the environmental information management agency;  
c) Other forms as prescribed by the law on access to information.  
3. Order and procedures for providing environmental information at the 
request of organizations and individ uals:  
a) The order, procedures, dossiers and forms of documents requesting the 
provision of environmental information as prescribed at Points a and c, Clause 2 
of this Article shall comply with the provisions of the law on access to 
information. In case th e provision of environmental information is subject to a 
fee, the organization or individual requesting the provision of information must 
pay the fee as prescribed by law;  
b) In case of a request for provision of environmental information as 
prescribed at Point b, Clause 2 of this Article, the order, procedures, and time 
limit for providing environmental information shall be determined according to 
the agreement between the information management agency. environment and 
organizations and individuals that re quest to provide information.  
Article 102. Disclosure of environmental information  
1. Owners of investment projects, establishments, investors in 
infrastructure construction and trading in concentrated production, business and 
service zones, and industrial  clusters shall publicize their approved 
environmental impact assessment reports. approve the results of the assessment 
and environmental permits according to the provisions of the Law on 
Environmental Protection as follows:  
a) Publicize it on the website of investment project owners, 
establishments, investors in infrastructure construction and business in 
production, business, concentrated service zones, industrial clusters, or at the 
head office of the Commission. People's Committees of communes where 
investment projects are implemented, establishments, concentrated production, 
business and service zones, industrial clusters;  
b) The time of publication is 10 days at the latest after the decision on 
approval of the report appraisal results is issued or after the environmental 
permit is issued.  
2. Investment project owners, establishments, investors in infrastructure 141 
 
construction and trading in concentrated production, business and service zones, 
industrial clusters subject to automatic and continuous mon itoring of 
wastewater, Industrial dust and gas emissions or monitoring industrial 
wastewater, dust and gas emissions periodically, the monitoring results shall be 
publicized according to the provisions of the Law on Environmental Protection 
as follows:  
a) Publish the results of automatic and continuous waste monitoring 
(including comparison with the limit values of the licensed pollutants) on the 
website of the investor of the investment project, the establishment, the investor 
in the construction and bus iness of infrastructure of production, business, 
concentrated services, industrial clusters or publicly on electronic information 
boards located at project portals and facilities. The location of electronic 
information boards must be convenient for people to monitor and supervise. 
Time to publicize immediately after monitoring results are available and 
continuously publicize results within 30 days;  
b) Publicize the waste monitoring result sheet of the latest monitoring 
period on the website of the investor of the investment project, establishment, 
the investor in the construction and business of infrastructure of the production 
and business zone, centralized services, industrial clusters or publicized on 
electronic information boards located at project porta ls or facilities. The time of 
publication is at least 10 days after the results of periodical waste monitoring are 
available until the time of publicizing the new periodic monitoring results 
according to regulations.  
3. Owners of facilities providing hazardous waste treatment services shall 
publicize information on types and quantities of hazardous wastes collected, 
treated, and treatment methods; information on the name and address of the 
hazardous waste source owner to be collected and treated and ot her environmental 
information in accordance with the Law on Environmental Protection as follows:  
a) Publicize it on the website of the establishment's owner or at the 
headquarters of the commune -level People's Committee where the establishment 
operates;  
b) The time of publication is 05 days at the latest after the release of the 
annual report on environmental protection work, continuously annually throughout 
the operation period of the establishment.  
4. The agency appraising the environmental impact assessm ent report and 
the environmental licensing agency shall publicly issue the decision approving 
the appraisal results of the environmental impact assessment report and 
environmental permit according to regulations of the Law on Environmental 
Protection as fo llows:  
a) Publicize it on its website, except for information belonging to state 
secrets or business secrets of enterprises as prescribed by law;  142 
 
b) The time for publicizing is 05 days at the latest after the issuance of the 
decision approving the appraisa l results of the environmental impact assessment 
report and the environmental permit.  
5. The environmental licensing agency shall publicize the report on the 
proposal for the grant of an environmental permit in accordance with the Law on 
Environmental Prot ection as follows:  
a) Publicize it on the website of the standing appraisal agency;  
b) The time to publicize is no later than 5 days after the valid dossier is 
received until the environmental permit is issued.  
6. The Ministry of Natural Resources and Envi ronment and the People's 
Committees of the province shall publicize the results of environmental quality 
monitoring of soil, air, surface water, underground water, seawater, sediments, 
and aquatic environment of the surface water sources according to the 
provisions of the Law on Environmental Protection as follows:  
a) Publicize on the website or electronic information board of the agency 
specialized in environmental protection under its authority;  
b) For automatic and continuous monitoring, the time to publ icize is 
immediately after the results of monitoring are available and the results are 
publicized within 30 days;  
c) For periodical monitoring, the time of publication is no later than 5 
days after the report on monitoring results is available until the ti me of 
publicizing the new periodic monitoring results as prescribed.  
7. Provincial -level People's Committees shall publicize information about 
sources of discharge into the surface water environment and sources that are 
likely to cause environmental incide nts in the locality in accordance with the 
Law on Environmental Protection as follows:  
a) Publicize on the website of the specialized environmental agency of the 
province;  
b) Information must be disclosed annually, the time of disclosure is at 
least 5 days  after the competent authority's written approval of the list of 
pollution sources or sources that are likely to cause environmental incidents 
until a new, updated text is available.  
8. State management agencies in charge of environmental protection at all  
levels shall publicize plans to respond to environmental incidents; Information 
on environmental incidents as prescribed by the Law on Environmental 
Protection is as follows:  
a) Publicize on the website of the agency specialized in environmental 
protectio n affiliated to;  
b) Publication time is no later than 5 days after the plan or report is issued 
until there is a new update or replacement document or until the problem is 143 
 
rectified for information about the environmental incident.  
9. Organizations and in dividuals that provide and are paid for natural 
ecosystem services shall publicize the scheme on payment for natural ecosystem 
services, enclosed with a map describing the boundaries, landmarks, and areas 
of the natural ecosystem services. area of natura l ecosystem service provision; 
list of organizations and individuals using and paying for natural ecosystem 
services; the list of beneficiaries, the amount to be paid, and the payment plan 
according to the provisions of the Law on Environmental Protection is as 
follows:  
a) Publicize on the website of organizations and individuals that provide 
and are paid for natural ecosystem services, or on the website of the State 
management agency in charge of environmental protection, or posted up at the 
head office at  the commune -level People's Committee;  
b) Information must be disclosed quarterly and annually. The time to 
publicize is 05 days after the project or the list of organizations and individuals 
is approved.  
10. Environmental information required to be disclo sed in accordance 
with other relevant laws shall be disclosed in accordance with such law.  
 
Section 2 
INFORMATION SYSTEM, ENVIRONMENTAL DATABASE  
Article 103. Policy on investment in construction and use of 
environmental information systems and databases  144 
 
The State has policies to prioritize investment in the implementation of 
projects on construction and operation of environmental information systems as 
follows:  
1. Develop digital data platforms and digital technologies on the 
environment to serve state mana gement, policymaking, decision support, 
inspection, and supervision of environmental protection activities and analysis. 
environmental analysis, forecasting, and early warning.  
2. Connecting and communicating environmental data and information 
from ministr ies, ministerial -level agencies, and localities, connecting with the 
National Data Portal for e -Government operation and Government development 
digital economy, digital society, and smart city.  
3. Innovating, creating, and applying new technological achiev ements and 
smart devices to acquire, manage, analyze, process, share, exploit, use and 
ensure information safety, data safety about the environment.  
4. Transforming operation modes of state agencies, between state 
agencies and people and businesses in the digital environment and digital 
technology.  
5. Encourage organizations, individuals, and communities to participate in 
collecting, contributing, sharing and exploiting, providing services, added value, 
creating a digital content market about data, informat ion environmental news.  
Article 104. Ensuring the operation of environmental information 
systems and databases at all levels  
1. The Ministry of Natural Resources and Environment, ministries, 
ministerial -level agencies and provincial -level People's Committees are 
responsible for allocating funds for investment, construction, management and 
operation of environmental information systems and facilities. regulatory 
environmental data; ensure conditions for people, technical infrastructure of 
information  technology and information security so that information systems 
and environmental databases at all levels operate stably and effectively, ensuring 
network information safety. and comply with the provisions of the law.  
2. Human resources to operate and man age information systems and 
environmental databases are utilized from local human resources or hired 
information technology services or other forms as prescribed by law.  
3. Prioritize and encourage investment in the form of cooperation with the 
private sector, forms of information technology service hire, taking advantage of 
the resources of all economic sectors.  
4. The Ministry of Natural Resources and Environment shall elaborate 
technical regulations and guide the construction, management and operation  of 
environmental information systems and databases at all levels; inspect and 
supervise the process of connecting and sharing data with environmental 
databases in accordance with law.  145 
 
Article 105. Requirements for environmental databases at all levels  
1. The national environmental database manages environmental 
information specified in Clause 1, Article 114 of the Law on Environmental 
Protection at the national scale; linking and integrating from specialized 
environmental databases and environmental databa ses of ministries, ministerial -
level agencies, and provinces nationwide; operated and managed by the Ministry 
of Natural Resources and Environment, through its specialized agency on 
construction environmental protection, to meet the requirements of the nat ional 
database as prescribed.  
2. The provincial environmental database manages environmental 
information specified in Clause 1, Article 114 of the Law on Environmental 
Protection according to geographical areas and management decentralization; 
built, opera ted, and managed by a specialized environmental protection agency 
at the provincial level; ensure communication and provide and update 
information on the environment into the national environmental database.  
3. Environmental databases of ministries and min isterial -level agencies 
managing environmental information are specified at Points d and dd, Clause 1, 
Article 114 of the Law on Environmental Protection, according to the scope of 
sectors and fields; built, operated, and managed by ministries and minister ial-
level agencies; ensure communication and provide and update information on 
the environment into the national environmental database.  
4. Specialized environmental database means a database on a specialized 
environmental field; is built, operated and man aged according to the actual 
management requirements of the state management agency in charge of 
environmental protection; provide information and data for the national 
environmental database.  
5. Environmental databases at all levels must comply with relev ant legal 
provisions; comply with the Vietnam e -Government architectural framework 
and the current ministerial -level e -Government architecture or the current 
provincial -level e -Government architecture; meet the standards and technical 
regulations as prescr ibed; uniformly use the list of shared data and master data 
in the national environmental database.  
6. The connection, sharing and interconnection between environmental 
databases at all levels must comply with the Government's regulations on 
management, co nnection, and sharing of digital data in state agencies; 
regulations of the Ministry of Information and Communications and the 
Ministry of Natural Resources and Environment.  
Article 106. Providing and updating information and data for the 
environmental dat abase  146 
 
1. Investment project owners and facilities are responsible for providing 
and updating environmental information specified at Points a, b and c, Clause 1, 
Article 114 of the Law on Environmental Protection and other provisions of law. 
relevant to the  national and provincial environmental databases according to the 
management decentralization and guidance of the environmental information 
management agency.  
2. Ministries and ministerial -level agencies are responsible for providing 
and updating environme ntal information within the scope of their management 
specified at Points d and dd, Clause 1, Article 114 of the Law on Environmental 
Protection and other provisions of law. related to the national environmental 
database.  
3. Provincial -level People's Commi ttees are responsible for providing and 
updating environmental information in the locality and according to 
management decentralization into the national environmental database.  
4. Forms of providing and updating information and data into 
environmental dat abases at all levels are prescribed as follows:  
a) Through the connection, sharing, and communication of data between 
environmental databases at all levels;  
b) Declare and update data directly through application software; 
automatic and intelligent devices  and systems;  
c) Provide information and data electronically in case the state 
management agency in charge of environmental protection has not provided the 
forms specified at Points a and b of this Clause.  
Điều 1 07. Xây dựng, vận hành, quản lý cơ sở dữ liệu môi trường  
Engine operation and management Article 107. Construction, operation, 
and management of environmental database  
 The environmental database includes the following tasks:  
1. Building an environmental database under the guidance of the Ministr y 
of Natural Resources and Environment.  
2. Acquire, create, import, integrate, and connect data to the database.  
3. Check and evaluate the quality management of data in the 
environmental database.  
4. Analyzing data, synthesizing data to support state manag ement, and 
publicizing environmental information and data.  
5. Promulgate a list of open data in the field of environment, organize the 
planning and implementation of the publication of open data in the field of the 
environment within the scope of their man agement according to regulations.  
6. Operate and ensure information technology technical infrastructure, 
ensure information safety, and network security for the operation of 147 
 
environmental databases.  
7. Develop and implement backup and backup solutions to e nsure data 
integrity and safety. In case data is damaged or destroyed due to unauthorized 
acts, there must be a mechanism to ensure data recovery.  
 
Chapter  IX 
PREVENTION, RESPONSE TO ENVIRONMENTAL INCIDENTS ; 
COMPENSATION FOR ENVIRONMENTAL DAMAGES  
Section  1 
PREVENTION, RESPONSE TO ENVIRONMENTAL INCIDENTS  
 
Article 108. Environmental incident response plan  
1. Environmental incident response plan is environmental incidents, an 
expected scenario of an environmental incident, together with corresponding 
response plans to ensure readiness, promptly respond when environmental 
incidents occur in reality.  
2. A grassroots -level environmental incident response plan includes the 
following contents:  
a) Identify and assess the risk of environmental incidents occurring duri ng 
the operation of the establishment, scenarios for each type of risk that may occur 
environmental incidents;  
b) The plan for prevention and response to environmental incidents 
includes works, equipment, and securing necessary supplies, tools, and means t o 
respond to environmental incidents; arranging forces on -site to ensure readiness 
to respond to each environmental incident scenario;  
c) Develop training, training, and rehearsal plans on the environmental 
incident response for on -site incident response f orces;  
d) Methods of notification and alarm when environmental incidents occur 
and mobilization of human resources and equipment to respond to 
environmental incidents;  
dd) Measures to organize a response to environmental incidents with 
respect to the conte nts specified in Clause 3, Article 125 of the Law on 
Environmental Protection.  148 
 
3. The district, provincial and national environmental incident response 
plan includes the following contents:  
a) Identify and assess the risk of environmental incidents occurri ng in the 
locality; scenarios for each type of risk of environmental incidents; response 
plans for environmental incident scenarios;  
b) Plan for the arrangement of equipment, supplies, and means to ensure a 
response to environmental incidents according to incident levels;  
c) Assign full -time and part -time forces to respond to environmental 
incidents; determine the contents and organize training, training, and rehearsals 
on response to environmental incidents in the annual civil defense plan program 
at the s ame level;  
d) Process of receiving and processing information, method of notification 
and alarm about environmental incidents, and mechanism for mobilizing human 
resources and equipment to respond according to the level of environmental 
incidents;  
dd) Measures to organize a response to environmental incidents with 
respect to the contents specified in Clause 3, Article 125 of the Law on 
Environmental Protection.  
Article 109. Promulgating and approving plans for prevention and 
response to environmental in cidents  
1. Investment project owners and facilities are responsible for 
promulgating and organizing the implementation of plans to prevent and 
respond to environmental incidents consistent with the content of prevention and 
response to environmental incide nts in the results of an appraisal of 
environmental impact assessment reports or environmental permits.  
In case an environmental incident response plan is integrated, integrated, 
and approved together with another incident response plan as prescribed at Po int 
b, Clause 6, Article 124 of the Law on Environmental Protection, it must be 
fully the contents specified in Clause 2, Article 108 of this Decree.  
2. The National Committee for Incident and Disaster Response and 
Search and Rescue shall issue the nationa l plan to respond to environmental 
incidents; The Provincial Commanding Committee for Natural Disaster 
Prevention and Control and Search and Rescue shall issue the provincial plan to 
respond to environmental incidents; The district -level commanding committ ee 
for natural disaster prevention and control and search and rescue shall issue a 
district -level plan to respond to environmental incidents.  
Plans to respond to environmental incidents at the national, provincial, 
and district levels are formulated and pr omulgated on a five -year cycle.  
In case the national, provincial, and district plan for prevention and 
response to environmental incidents is integrated with the civil defense plan of 149 
 
the same level, the civil defense plan must ensure adequate the contents  
specified in Clause 3, Article 108 of this Decree.  
Article 110. Publication of environmental incident response plans  
1. The National Committee for Incident and Disaster Response and Search 
and Rescue is responsible for publishing the national plan to resp ond to 
environmental incidents on the web portal of the National Committee for Incident 
Response, natural disasters and Search and Rescue and send it to Ministries, 
ministerial -level agencies, Governmental agencies and provincial -level People's 
Committees.  
2. Provincial - and district -level People's Committees are responsible for 
publicizing provincial - and district -level environmental incident response plans on 
the provincial and district web portals; send it to local authorities and immediate 
superiors.  
3. Investment project owners and establishments are responsible for 
publicizing their environmental incident response plans; send the environmental 
incident response plan to the commune -level People's Committee and the district -
level commanding committee for  natural disaster prevention and control and search 
and rescue.  
Owners of investment projects and facilities are responsible for providing the 
planning contents to the Management Boards of industrial parks, export processing 
zones, economic zones, and high-tech zones in case the project or establishment is 
located in an export processing zones, economic zones, high -tech zones.  
Article 111. Responsibilities for prevention and response to 
environmental incidents of ministries and ministerial -level agencies  
1. The Ministry of National Defense is responsible for:  
a) Assume the prime responsibility for, and coordinate with ministries, 
ministerial -level agencies, and provincial -level People's Committees in, guiding, 
building forces, and allocating resou rces and equipment to respond to 
environmental incidents for the National Committee for Environmental Incident 
response. Deputy of incidents, natural disasters and Search and Rescue, 
Commanding Committees for Natural Disaster Prevention and Control and 
Search and Rescue at provincial and district levels;  
b) Assume the prime responsibility for advising the National Committee 
for Incident and Disaster Response and Search and Rescue to organize a 
response to national -level environmental incidents caused by oil  spills; 
participate in responding to environmental incidents at the national level as 
assigned by the National Committee for Incident and Disaster Response and 
Search and Rescue;  
c) Direct military zones and local military agencies at all levels to advise  
the People's Committees of the same level in responding to environmental 
incidents.  150 
 
2. The Ministry of Natural Resources and Environment is responsible for:  
a) Provide technical guidance on prevention and response to waste 
incidents; provide technical gui dance on environmental recovery after 
environmental incidents;  
b) To assume the prime responsibility for advising the National 
Committee for Incident and Disaster Response and Search and Rescue to 
organize activities to respond to national environmental in cidents caused by 
wastes; participate in responding to environmental incidents at the national level 
as assigned by the National Committee for Incident and Disaster Response and 
Search and Rescue.  
3. The Ministry of Industry and Trade is responsible for:  
a) Provide technical guidance on prevention and response to 
environmental incidents caused by the leakage and distribution of toxic 
chemicals in the industrial sector;  
b) Assume the prime responsibility for advising the National Committee 
for Incident and D isaster Response and Search and Rescue to organize activities 
to respond to environmental incidents at the national level due to the leakage 
and distribution of toxic chemicals in the industrial sector; participate in 
responding to environmental incidents at the national level as assigned by the 
National Committee for Incident and Disaster Response and Search and Rescue.  
4. The Ministry of Science and Technology is responsible for:  
a) Provide technical guidance on prevention and response to 
environmental in cidents caused by radiation and nuclear leaks;  
b) Assume the prime responsibility for advising the National Committee 
for Incident and Disaster Response and Search and Rescue to organize activities 
to respond to national environmental incidents caused by radiation or nuclear 
leaks; participate in responding to environmental incidents at the national level 
as assigned by the National Committee for Incident and Disaster Response and 
Search and Rescue.  
5. The Ministry of Agriculture and Rural Development is r esponsible for:  
a) Provide technical guidance on prevention and response to 
environmental incidents caused by natural disasters, broken dykes, lakes, dams, 
forest fires, and animal diseases;  
b) Presiding over and advising the National Committee for Inciden t and 
Disaster Response and Search and Rescue to organize the national -level 
response to environmental incidents caused by natural disasters, broken dykes, 
lakes, dams, forest fires, epidemics diseases caused by livestock; participate in 
response to enviro nmental incidents at the national level as assigned by the 151 
 
National Committee for Incident and Disaster Response and Search and Rescue . 
6. The Ministry of Public Security is responsible for:  
a) Provide technical guidance on prevention and response to 
envir onmental incidents caused by fire;  
b) To assume the prime responsibility for advising the National 
Committee for Incident and Disaster Response and Search and Rescue to 
organize activities to respond to national environmental incidents caused by 
fires;  
c) Direct the police force for fire prevention and fighting and rescue; 
environmental crime prevention and combat police and police agencies at all 
levels participate in responding to environmental incidents at the request of 
competent agencies and levels;  
d) Direct and ensure political security, social order, and safety in the area 
where environmental incidents occur; investigate and clarify the causes of 
environmental incidents in accordance with the law.  
7. The Ministry of Health is responsible for:  
a) Guid ing the prevention and response to environmental incidents caused 
by dangerous infectious diseases;  
b) Assume the prime responsibility for advising the National Committee 
for Incident and Disaster Response and Search and Rescue to organize activities 
to re spond to national environmental incidents caused by dangerous infectious 
diseases; participate in responding to environmental incidents at the national 
level as assigned by the National Committee for Incident and Disaster Response 
and Search and Rescue;  
c) Organize the assessment of the scope and extent of impacts of national 
environmental incidents on human health.  
8. The Ministry of Transport shall assume the prime responsibility for, 
and coordinate with the Ministry of National Defense, relevant ministri es, 
ministerial -level agencies and provincial -level People's Committees in, 
implementing plans on the use of traffic infrastructure and equipment. Transport 
equipment, vehicles, and materials within the scope of responsibility for 
participating in response  to environmental incidents under the direction of the 
National Committee for Incident and Disaster Response and Search and Rescue.  
9. The Ministry of Finance shall guide the contents of budget expenditure 
for environmental incident response activities.  
10. Ministries and ministerial -level agencies are responsible for advising 
the National Committee for Incident and Disaster Response and Search and 
Rescue to organize environmental incident response activities according to their 
assigned functions, tasks and  powers; participate in responding to environmental 
incidents at the national level as assigned by the National Committee for 152 
 
Incident and Disaster Response and Search and Rescue.  
 
Section  2 
RESPONSIBILITIES FOR COMPENSATION REQUEST FOR  
DAMAGE TO THE ENVIRONMENT  
Article 112. Notification of damage to the environment  
1. The notification to the compensation -claiming agency when detecting 
signs of environmental pollution or degradation as prescribed in Clause 1, Article 
131 of the Law on Environmental Protection must be made in writing, including 
the following contents:  
a) Information of organizations or individuals detecting signs of 
environmental pollution or degradation;  
b) Signs and locations of the environment being polluted or degraded;  
c) Sources  suspected of causing pollution or degradation;  
d) Initial damage occurs (if any);  
dd) Other relevant evidence (if any);  
e) Other relevant documents attached (if any).  
2. The provisions in Clause 1 of this Article do not apply to cases where the 
environmen t is polluted or degraded due to one of the following reasons:  
a) Caused by natural disasters;  
b) In case of force majeure, an urgent situation that must comply with the 
request of a competent state management agency;  
c) Other cases as prescribed by law.  
Article 113. Responsibilities of agencies claiming compensation for 
environmental damage  153 
 
1. Receive notifications about the environment showing signs of pollution 
or degradation. In case it is not within its jurisdiction, the receiving agency must 
immediately transfer the notice and attached documents to the agency competent 
to claim compensation for environmental damage for settlement.  
2. Check, verify information, make minutes on signs of environmental 
pollution or degradation. The minutes must be  certified by the verifier, the 
representative of the population where the pollution or degradation occurs, and 
the representative of the commune -level People's Committee, in case the 
settlement agency is the district -level People's Committee or higher.  
3. Identify organizations and individuals causing environmental pollution 
or degradation.  
4. Organize the collection and appraisal of data and evidence to determine 
damage to the environment and claim compensation for environmental damage 
according to the p rovisions of Clause 2, Article 131 of the Law on 
Environmental Protection, specifically as follows: after:  
a) Organize or hire a unit with appropriate functions and capacity to 
collect data and evidence; determine liability to compensate for damage; 
calculate damage to the environment due to pollution and degradation;  
b) Establish a council to appraise data and evidence to determine damage 
to the environment according to the provisions of Article 114 of this Decree;  
c) Make a claim for damages based o n the consultation results of the data 
and evidence appraisal council.  
5. To determine damage and claim compensation for loss of life, human 
health, property, and legitimate interests of organizations and individuals due to 
deterioration in the function an d usefulness of the environment in case 
authorized by an organization or individual in accordance with the civil law.  
Article 114. Data and evidence appraisal council  
1. The Data and Evidence Appraisal Council is responsible for studying, 
reviewing, apprai sing, and evaluating the collected data and evidence to 
determine and calculate the damage to the environment; ensure accuracy, 
completeness, and objectivity; take responsibility before the compensation -
claiming agency for the results of data and evidence appraisal.  
2. Council structure and composition:  
a) The Council must have at least 07 members with the structure and 
composition including 01 Chairman of the Council, in case of necessity, 01 Vice 
Chairman of the Council, 01 member of the secretary who is a civil servant or 
official of the Council. agencies that collect and appraise data and evidence; 
representatives of relevant agencies and organizations; representatives of state 
management agencies in charge of environmental protection; experts with 
exper tise in the field of environment and related fields;  154 
 
b) Experts who are members of the council must have at least 7 years of 
working experience if they have a university degree, at least 5 years if they have 
a master's degree, and at least 3 years if they have a doctorate degree;  
c) The council established by the Ministry of Natural Resources and 
Environment must have a representative of the specialized environmental 
protection agency of the province where the pollution or degradation occurs;  
d) The council  established by the People's Committee of the province 
must have a representative of the environmental protection agency of the district 
where the pollution or degradation occurs; have representatives of the 
Management Board of economic zones, industrial p arks, export processing 
zones, high -tech zones where pollution or degradation occurs in case of 
necessity;  
dd) The council established by the district -level People's Committee must 
have a representative of the commune -level People's Committee where the 
pollution or degradation occurs; with representatives of the Management Boards 
of economic zones, industrial parks, export processing zones, and high -tech 
zones where pollution or degradation occurs in case of necessity).  
3. The council works on the principle  of public discussion among its 
members and between the appraisal council and relevant organizations and 
individuals.  
4. An official meeting of the Council may only be conducted when the 
following conditions are satisfied:  
a) Having direct presence at the meeting or participating in online 
meetings of at least 2/3 of the members, including the Chairman of the Council 
(or the Vice Chairman authorized by the Chairman) and secretarial members;  
b) With the participation of organizations and individuals causing 
environmental pollution or degradation. This regulation does not apply if the 
organization or individual causing environmental pollution or degradation is 
absent for the 3rd time when there is a written request from the competent 
authority;  
c) With the par ticipation of data and evidence collection units; determine 
liability to compensate for damage; calculation of damage to the environment 
due to pollution and degradation specified at point a, clause 4, Article 113 of this 
Decree (if any).  
5. An absent coun cil member may submit his/her comments before the 
official meeting of the council and is considered the opinion of a member who 
attended the official meeting of the council but was not allowed to vote.  
6. Council members, agencies, organizations, and exper ts who are 
consulted are responsible before the compensation claimant for the comments 
and assessments made on the contents of their assigned work during the 
appraisal of data and evidence; receive remuneration in accordance with the 155 
 
provisions of the law.  
Section  3 
DETERMINATION OF ENVIRONMENTAL DAMAGES  
 
Article 115. Objects of determination of damage caused by 
environmental pollution or degradation  
1. Objects of determining damage caused by environmental pollution or 
degradation:  
a) Environmental composition: surface water environment, soil 
environment;  
b) Ecosystem includes: forest (terrestrial and mangrove); coral ecosystem; 
seagrass ecosystem;  
c) Dead animals and plants distributed in Vietnam on the list of 
endangered, precious, and rare species  prioritized for protection; endangered, 
precious, and rare species of forest plants and animals; Endangered wild fauna 
and flora species listed in CITES Appendices.  
2. The determination of damage to human life, health, property, and 
legitimate interests o f organizations and individuals as a result of the 
deterioration of the function and usefulness of the environment is carried out in 
accordance with the provisions of the civil law.  
Article 116. Data and evidence to determine damage caused by 
environmental  pollution or degradation  
1. Data and evidence to be collected to identify organizations and 
individuals that pollute or degrade the environment include:  
a) Agents causing environmental incidents or causing direct harm to the 
environment or areas where the  environment is polluted or degraded;  
b) Basic information about organizations and individuals related to 
polluted or degraded environmental areas, including type of activities; products, 
capacity, input materials; production process; waste stream; locatio n and method 
of discharge of waste; waste treatment measures; monitoring and analysis of 
environmental parameters;  
c) Other relevant data and evidence.  
2. Data and evidence to be collected or estimated to determine the extent, 
area, and area of water env ironment pollution or degradation include:  
a) Information and data on the current state of the environment in the area 
before environmental pollution or degradation occurs;  
b) Decision, permit, a document of the competent state management 
agency prescribin g the use or approving the planning on the use of water 
environment components at the place where pollution or degradation occurs;  156 
 
c) Monitoring results; investigate; inspect; inspection by competent 
authorities related to the water environment at the plac e where pollution or 
degradation occurs;  
d) Polluted water surface area and volume;  
d) Pollutants and their content in water;  
e) Other relevant data and evidence.  
3. Data and evidence that need to be collected or estimated to determine 
the extent, area, an d area of the polluted or degraded land environment include:  
a) Information and data on the current state of the environment in the area 
before environmental pollution or degradation occurs;  
b) A decision, permit, or document of a competent state managem ent 
agency prescribing the use or approving the planning on the use of soil 
environmental components at the place where pollution or degradation occurs;  
c) Monitoring results; investigate; inspect; inspection by competent 
authorities related to the soil en vironment at the place where pollution or 
degradation occurs;  
d) Information, documents, maps, and data on natural, socio -economic 
conditions, management and use of land and natural resources related to land 
quality, land potential belt in the area where p ollution is to be determined;  
dd) Area, volume, and volume of contaminated land;  
e) Pollutants and their content in the soil;  
g) Other relevant data and evidence.  
4. Data and evidence to be collected or estimated to determine the area, 
quantity, and composition of degraded ecosystems include:  
a) Information and data on the current state of the environment in the area 
before environmental pollution or degradation occurs;  
b) A decision or document of a competent state management agency 
stipulating the c onservation level of the natural ecosystem;  
c) Investigation results; inspect; inspection by competent authorities 
related to the natural ecosystem at the place where pollution or degradation 
occurs;  
d) A map of the current status of the forest, a database  of forest changes 
over time (in digital form) (wood reserves, forest structure, area, forest growth); 
Environmental pollution maps interpreted by images, specialized software 
(digital maps);  
dd) Information on the database on natural conditions, hydromete orology, 
hydrology, environment (water, sediment), current status map of scope, 
boundary, area, structure, distribution according to depth, coverage, the current 157 
 
status of coral ecosystems, seagrass ecosystems, wetland ecosystems in coastal 
areas and islan ds; 
e) Information on the current state of discharge, discharge points into 
areas with ecosystems of coral reefs, seagrasses, and mangroves in wetlands in 
coastal areas and islands;  
g) Other relevant data and evidence.  
5. Data and evidence to be collected or estimated to determine the 
quantity and composition of animal and plant species specified at Point c, 
Clause 1, Article 115 of this Decree include:  
a) A document of a competent state management agency specifying the 
priority level of species protection;  
b) Results of the investigation, inspection, and examination by competent 
agencies related to species of animals and plants;  
c) Area affected by pollution, environmental degradation, time of impact, 
and cost of species restoration is kept to a minimum;  
d) Other relevant data and evidence.  
6. Data and evidence for determining damage caused by pollution and 
degradation can be in the form of images, magnetic tapes, data obtained from 
observation, measurement, analysis, remote sensing, information systems 
geog raphic information, and other forms.  
7. Data and evidence used to determine the damage caused by 
environmental pollution or degradation must ensure accuracy, have sufficient 
scientific and practical bases.  
Article 117. Methods and methods of determining th e scope, area and 
area of the environment being polluted or degraded; The number of 
environmental components is reduced, types of ecosystems are damaged, 
animals and plants are killed.  
1. Methods and methods of determining the extent and area of water 
surface and areas of polluted water environment are as follows:  
a) Investigate, survey and determine the natural and environmental 
conditions of the place where the pollution occurs;  
b) Use appropriate hydrodynamic and environmental computational 
models to predict and determine the extent of pollution;  
c) Field survey based on the calculation model to determine the scope, 
area and volume of pollution.  
2. Methods and methods of determining the scope, area and area of the 
contaminated land environment are as  follows:  
a) Conduct field surveys and surveys based on the current land use map at 158 
 
all levels;  
b) Take and analyze soil samples according to the provisions of law to 
identify contaminated soil points; the extent, area, volume and volume of 
contaminated la nd are determined through the demarcation of contaminated land 
on the map of current land use according to the respective levels.  
3. Methods and methods of determining the extent, area, quantity, and 
composition of degraded forest ecosystems (on land and m angroves) are as 
follows:  
a) Concatenate forest status maps and pollution maps to determine the 
extent and area of forests affected by pollution;  
b) Investigate the status of forest plots in the field after the pollution 
incident to determine the quantit y, volume, and composition of the damaged 
forest;  
c) In case there is no map of current status or map of forest changes, 
equivalent forest ecosystem databases shall be used.  
4. Methods and methods of determining the scope, area, and quantity of 
coral ecosy stems and seagrass ecosystems are prescribed as follows:  
a) Field investigation, information collection, calculation of area and 
coverage of damaged coral reefs and seagrasses;  
b) In case there are no maps or current data, equivalent ecosystem 
databases sh all be used.  
5. Methods and methods of determining damage, quantity, and 
composition of species of animals and plants specified at Point c, Clause 1, 
Article 115 of this Decree are as follows:  
a) Field investigation, collection of field information in area s where the 
environment is polluted or degraded in terms of the number of individuals and 
the composition of species of animals and plants;  
b) Collect and analyze, calculate by actual measurement methods, use 
computational models and technical measures to assess the change in species 
composition, number of individuals of plants and animals before and after the 
occurrence of pollution incidents.  
Article 118. Determination of damage level of each environmental 
component, ecosystem or species  
1. Principles of determining the extent of the damage:  
a) The extent of damage to each environmental component, ecosystem, 
animal, and plant species as prescribed in Article 115 of this Decree is 
determined according to the cost for treatment and restoration of the 
environment, ecosystem and conservation, rehabilitation, and re -release of 
animals into natural habitats, and culturing plants that meet environmental 159 
 
technical standards or are equal or equivalent to the original state of the 
ecosystem, and animals and pl ants specified at Points b and c, Clause 1, Article 
115 of this Decree before pollution or degradation occurs;  
b) Damage to the environment of a geographical area is equal to the total 
damage to each environmental component of that geographical area.  
2. Me thod of determining the extent of the damage:  
Depending on each specific case, competent agencies and organizations, 
and individuals that cause environmental pollution or degradation may choose 
one of the methods to determine the cost of environmental trea tment and 
restoration and conservation, restoration, and re -release of animals into natural 
habitats, and culturing plants that meet environmental technical standards, equal 
to or equivalent to the original state of the ecosystem and animal species 
regulat ed at Points b and c, Clause 1, Article 115 of this Decree as follows:  
a) Organizations and individuals that pollute the environment, degrade the 
ecosystem, and cause the death of animals and plants specified in Clause 1, 
Article 115 of this Decree do it t hemselves or hire a unit with suitable functions 
and capacity. suitable for treatment, environmental rehabilitation and plant 
culture, conservation, rehabilitation, the re -release of animals into natural 
habitats, and plant cultivation meeting environmenta l technical regulations, by 
or equivalent to the initial state of the ecosystem and the animals and plants 
specified at Points b and c, Clause 1, Article 115 of this Decree meeting 
environmental technical regulations or equal or equivalent to before pollut ion or 
degradation occurs.  
In this case, the organization or individual must pay their own costs to 
treat and restore the environment and raise, conserve, restore, and re -release 
animals into natural habitats and plant plants up to reach environmental 
standards, equal to or equivalent to the initial state of the ecosystem and the 
species of animals and plants specified at Points b and c, Clause 1, Article 115 
of this Decree within the prescribed time limit, with supervision and monitor 
and certify implement ation results in accordance with law;  
b) In case an organization or individual causes environmental pollution; If 
the ecological degradation and death of animals and plants specified in Clause 1, 
Article 115 of this Decree cannot be done by themselves, the  competent state 
agency shall organize the determination of treatment costs, restoration of the 
environment and rearing, conservation, restoration, and re -release of animals 
into natural habitats, and culturing plants that meet environmental technical 
standards, equal to or equivalent to the original state of the ecosystem. ecology 
and species of animals and plants specified at Points b and c, Clause 1, Article 
115 of this Decree according to the formula specified in Clause 4 of this Article;  
c) In case it is not possible to determine the cost of environmental 
treatment and restoration up to environmental technical regulations, raising, 
conservation, rehabilitation, and re -release of animals into natural habitats, or 160 
 
culturing plants with or equivalent to th e initial state of the ecosystem and the 
species of animals and plants specified at Points b and c, Clause 1, Article 115 
of this Decree, the results of calculation of damage to the environment, the loss 
of degradation of ecosystems and death of species of  animals and plants 
specified in Clause 1, Article 115 of this Decree of previous cases of equivalent 
scope and nature recognized by competent authorities or simulate the current 
state of the environment when it has not been polluted, the ecosystem when it  
has not been degraded, and the animals and plants that have not died; make a 
plan to calculate costs for treatment and restoration of the polluted, degraded 
environment, ecosystems, animal and plant species specified in Clause 1, Article 
115 of this Decre e in order to restore it to its original state or equivalent;  
d) Another alternative.  
3. In case of environmental treatment and restoration, plant breeding, 
conservation, rehabilitation, and re -release of animals into natural habitats for 
the animals speci fied at point c, clause 3. 1 Article 115 of this Decree, by the 
methods specified at Points b, c and d, Clause 2 of this Article, organizations 
and individuals cause pollution and degradation of the environment and 
ecosystems and cause the death of animal species, plants have to pay the cost to 
do so.  
4. Formula for calculating damage compensation costs:  
a) Total damage caused by pollution and degradation to the environment 
of a geographical area is calculated according to the following formula:  
T = TN + TD  + THST + TLBV, in which:  
T is the damage caused by pollution or degradation to the environment of 
a geographical area;  
TN is the damage caused by pollution and degradation to the water 
environment;  
Earthquake is damage caused by pollution and degradation to the land 
environment;  
Ecological damage is damage caused by pollution and degradation to the 
ecosystem;  
TB is the damage caused to a species prioritized for protection that dies;  
b) Damage caused by pollution to the water environment is calculated 
accor ding to the following formula:  
TN = S x CN, where:  
TN: damage caused by pollution and degradation to the water 
environment;  
S: volume of contaminated water (m3);  
CN: norm to treat 01 m3 of water up to technical regulations;  161 
 
c) Damage caused by pollution to  the land environment is calculated 
according to the following formula:  
TD = S x C, where:  
Earth: damage caused by pollution and degradation to the land 
environment;  
S: volume or mass of contaminated soil (m3 or kg);  
CD: the norm for treatment of 01 m3 or 01 kg of soil up to technical 
regulations;  
d) Damage due to degradation of forest ecosystems (terrestrial and 
mangroves), coral ecosystems; Seagrass ecosystem is calculated according to the 
following formula:  
THST = S x 3 x CHST, where:  
THST: damage caused  by degradation to ecosystems including forest 
ecosystems (terrestrial and mangroves), coral ecosystems; seagrass ecosystem;  
S: forest area (terrestrial and mangrove), degraded ecosystems, coral 
reefs, seagrass ecosystems (in m2);  
CHST: norms for planting and restoring forests (on land and mangroves), 
degraded coral and seagrass ecosystems;  
dd) Damage caused by animals and plants specified at Point c, Clause 1, 
Article 115 of this Decree is calculated according to the following formula:  
TLBV = N x CLBV, whe re: 
TLBV: damage to animals and plants;  
N: number of individual animals and plants;  
CLBV: norms for plant cultivation, breeding, conservation, rehabilitation, 
and re -release of animals into natural habitats, culturing plants equal to or 
equivalent to the original state of regulated animals at point c, clause 1, Article 
115 of this Decree;  
e) Norms for treatment of a unit volume of water, volume or volume of 
land meeting technical regulations on the environment, costs of reforestation (on 
land and mangroves), coral ecosystems, ecology of seagrasses, and costs to 
plant, breed, conserve, rehabilitate, and re -release animals into natural habitats, 
culturing plants with or equivalent to their original state. Items specified at Point 
c, Clause 1, Article  115 of this Decree shall be subject to the norm according to 
current regulations;  
g) In the absence of norms, competent agencies shall, within the ambit of 
their responsibilities, elaborate and promulgate norms for environmental 
treatment and restoration;  Ecosystem; breeding, conservation, rehabilitation, and 
re-release of animals and plants specified in Clause 1, Article 115 of this 
Decree.  162 
 
 
Section  4 
INSPECTION OF DAMAGE BECAUSE OF THE DECREASE OF 
ENVIRONMENTAL FUNCTION AND USEFULNESS  
Article 119. Organi zation of assessment of damage due to 
deterioration of the function and usefulness of the environment  
1. Organizations assessing damage due to deterioration of environmental 
functions and usefulness shall be selected according to the provisions of Clause 
3, Article 135 of the Law on Environmental Protection.  
2. Damage assessment organization due to deterioration of the 
environment's functions and usefulness means a judicial assessment organization 
on a case -by-case basis in the environmental field as annou nced in accordance 
with regulations or another organization that fully meets the following 
conditions:  
a) Having legal status;  
b) Having professional activities suitable to the requested expertise;  
c) Having conditions for professional staff and material facilities to ensure 
the assessment.  
Article 120. Carry out assessment of damage due to deterioration of 
environmental functions and usefulness  
1. Organizations and individuals that suffer damage or the agency dealing 
with environmental damage that disagre es with the damage determination 
results may request an assessment of damage due to a decline in functionality or 
usefulness. of the environment.  
2. Order and procedures for assessment of the damage caused by 
deterioration of the environment's functions an d usefulness shall comply with 
regulations on judicial assessment in the field of environment and relevant laws.  
3. Results of the assessment of damage due to deterioration of the 
environment's function and utility are the basis for the agency dealing with  
environmental damage to make a decision to claim compensation before 
selecting settlement through the forms specified in Clause 1, Article 133 of the 
Law on Environmental Protection.  
 
Chapter  X 
ECONOMIC TOOLS IN ENVIRONMENTAL PROTECTION  
Section 1 
PAY MENT FOR NATURAL ECOSYSTEM SERVICES  
Article 121. Covered natural ecosystem services  163 
 
1. Forest environmental services of forest ecosystems shall be applied in 
accordance with the provisions of the law on forestry. Organizations and 
individuals that have paid for  forest environment services of forest ecosystems 
according to the law on forestry are not required to pay for using natural 
ecosystem services according to the provisions of this Decree.  
2. Payments for natural ecosystem services specified at Points b, c,  and d, 
Clause 2, Article 138 of the Law on Environmental Protection include:  
a) Wetland ecosystem services for tourism, entertainment, and 
aquaculture business purposes of important wetlands and mixed eco -regions in 
accordance with the law on biodiversity ; 
b) Marine ecosystem services for tourism, entertainment, and aquaculture 
business purposes of marine conservation zones and aquatic resource protection 
zones;  
c) Ecosystem services of rocky mountains and caves belonging to natural 
heritage for the purpos e of tourism and entertainment business; geopark 
ecosystem services for tourism and entertainment business purposes; except for 
the case where payment for forest environment services of the forest ecosystem 
has been made as prescribed in Clause 1 of this A rticle.  
3. The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and coordinate with ministries and ministerial -level 
agencies in, submitting to the Prime Minister for decision the organization of the 
pilot applicatio n of payment for carbon sequestration and storage services of the 
ecosystem. marine ecosystems, wetland ecosystems, as a basis for reporting to 
the Government for the decision on the official application.  
Article 122. Organizations and individuals providin g and receiving 
payment for natural ecosystem services  
1. Nature reserve management board.  
2. Organizations and individuals assigned to manage, protect, maintain 
and develop natural ecosystems specified in Clause 2, Article 121 of this 
Decree.  
Article 123.  Organizations and individuals using and paying for natural 
ecosystem services  164 
 
1. Organizations and individuals that use services of natural ecosystems in 
the areas of natural ecosystem service provision specified in Clause 6, Article 
124 of this Decree must pay for natural ecosystem services when the following 
activities are performed:  
a) Exploiting and using water and sea surface of natural ecosystems for 
the purpose of aquaculture, providing aquatic entertainment services;  
b) Exploiting and using the l andscape of the natural ecosystem for the 
purpose of trading in tourism and entertainment services.  
2. Exemptions for using natural ecosystem services include:  
a) Organizations and individuals in areas with difficult economic 
conditions, poor households, a nd near -poor households certified by local 
authorities;  
b) Individuals engaged in production and business activities lose their 
civil act capacity, die or are declared dead or missing, and no longer have any 
property to pay, or their guardians or heirs are  unable to pay debts on their 
behalf. for that individual;  
c) The production and business organization has a decision on dissolution 
or bankruptcy issued by a competent authority in accordance with law and no 
longer has capital or assets to pay debts to or ganizations or individuals providing 
services; natural ecosystem services;  
d) Organizations and individuals that use natural ecosystem services are 
concurrently an organization or individuals providing natural ecosystem 
services. Organizations and individu als are obliged to account for the expenses 
for the protection, maintenance, and development of natural ecosystems.  
Article 124. Scheme of payment for natural ecosystem services  
1. The provincial environmental protection agency shall assume the prime 
respo nsibility for, and coordinate with relevant agencies in, formulating a 
scheme on payment for natural ecosystem services at the provincial level 
specified in Clause 2, Article 121 of this Decree in the locality. and submit it to 
the People's Committee of th e province for approval.  
2. The main contents of the provincial payment scheme for natural 
ecosystem services include:  
a) General information about areas providing services for natural 
ecosystems; list, map of areas providing services for natural ecosystem s. The 
map includes printed and digital maps at scale 1:25,000 - 1:100.000 (depending 
on the shape and area of the province);  
b) Organizations and individuals that provide and get paid for natural 
ecosystem services;  
c) Types of natural ecosystem service s provided; types of activities using 
natural ecosystem services and measures to minimize adverse impacts on natural 165 
 
ecosystems;  
d) The form of payment, the minimum level of payment for types of 
natural ecosystem services as prescribed in Article 125 and C lause 1, Article 
126 of this Decree;  
dd) Implementation plan and responsibilities of relevant agencies, 
organizations, and individuals;  
e) Inspect and supervise payments for natural ecosystem services.  
3. In case the locality has not yet developed or approved a scheme on 
payment for natural ecosystem services at the provincial level, the provincial 
environmental protection agency shall assume the prime responsibility for, and 
coordinate with relevant agencies in, formulating the plan. scheme for one or  
several natural ecosystems.  166 
 
4. Organizations and individuals providing natural ecosystem services are 
responsible for formulating a grassroots level natural ecosystem service payment 
scheme for the area where payment for natural ecosystem services is appl icable. 
with the provincial -level payment scheme for natural ecosystem services 
specified in Clauses 2 and 3 of this Article.  
5. The main contents of the grassroots natural ecosystem service payment 
scheme include:  
a) The name and place of the natural ecos ystem;  
b) General information about the natural ecosystem service provision 
area; a map describing the boundaries, landmarks, and area of natural ecosystem 
service provision at the scale of 1:5,000 to 1:25,000 (depending on the shape 
and area of the na tural ecosystem service provision area);  
c) Types of natural ecosystem services provided;  
d) List of organizations and individuals using natural ecosystem services;  
dd) Measures to conserve, maintain and develop natural ecosystems;  
e) Expected payment leve l and form of payment;  
g) Plan to use revenue from payment for natural ecosystem services.  
6. The determination of areas for providing natural ecosystem services 
specified in Clause 2, Article 121 of this Decree shall comply with the following 
principles:  
a) Wetland ecosystem service areas include important wetlands, water 
areas in the buffer zone of wetland conservation zones, and other areas with 
tourism and entertainment business activities, aquaculture using services 
provided by wetland ecosystems (if a ny); 
b) The marine ecosystem service provision area includes the marine 
protected area and the water area in the buffer zone of the marine conservation 
area; aquatic resource protection zone; other areas with tourism, entertainment, 
and aquaculture busines s activities using services provided by marine 
ecosystems (if any);  
c) The area provides services of rocky mountain ecosystem, caves, and 
geoparks for tourism and entertainment business purposes, including the entire 
area of rocky mountains, caves, and geoparks.  
Article 125. Forms of payment for natural ecosystem servic es 167 
 
1. Organizations and individuals using natural ecosystem services shall 
pay directly to organizations and individuals providing natural ecosystem 
services through an agreement between the two parties. In case of non -payment 
in the form of direct payment, organizations or individuals using natural 
ecosystem services shall pay to organizations and individuals providing natural 
ecosystem services in the form of entrustment through the provincial 
environmental protection fund or the Vietnam Environmen tal Protection Fund in 
case there is no provincial environmental protection fund in the locality.  
2. Organizations and individuals using natural ecosystem services shall 
pay for natural ecosystem services from the date of using natural ecosystem 
services. For the use of natural ecosystem services performed before the 
effective date of this Decree, the payment for the use of natural ecosystem 
services shall be calculated from the effective date of this Decree.  
3. Payment for natural ecosystem services in th e form of entrustment shall 
be made as follows:  
a) The contract of payment for natural ecosystem services in the form of 
entrustment must be compatible with the scheme of payment for natural 
ecosystem services for the entire area in which payment for natur al ecosystem 
services is applied. specified in Clause 4, Article 128 of this Decree;  
b) Before October 15 of each year, organizations and individuals using 
natural ecosystem services shall send a plan to pay the payment for natural 
ecosystem services to th e entrusted environmental protection fund;  
c) No later than December 15 of each year, organizations and individuals 
using natural ecosystem services shall make a list of payments for natural 
ecosystem services and send them to the environmental protection fund to 
receive entrustment;  
d) Organizations and individuals using natural ecosystem services shall 
pay money quarterly or annually. The time limit for payment is 10 days from the 
end of the quarter for the case of quarterly payment and 10 days from the e nd of 
the first quarter for the case of the annual payment.  
3. The Ministry of Natural Resources and Environment issues a form of 
contract for payment for natural ecosystem services; a form of payment plan for 
payment for natural ecosystem services, a form  of declaration of payment for 
natural ecosystem services specified at points c and d, clause 2 of this Article.  
Article 126. Payment level  for natural ecosystem services  168 
 
1. The level of payment for natural ecosystem services for tourism, 
entertainment, an d aquaculture businesses is determined on the basis of 
voluntary agreement between organizations and individuals providing natural 
ecosystem services. and organizations and individuals using natural ecosystem 
services in accordance with the scheme on payme nt for natural ecosystem 
services specified in Article 124 of this Decree, and must at the same time 
ensure at least 1% of revenue. carried out in the period arising from tourism, 
entertainment, and aquaculture business activities in the natural ecosystem 
service provision are specified in Clause 6, Article 124 of this Decree.  
2. Organizations and individuals whose production and business activities 
are affected by natural disasters, fires, or epidemics, causing direct damage to 
their capital and assets, leading to incapacitation or cessation of production and 
business activities receive a reduction in payments for natural ecosystem 
services. The reduction in payment for natural ecosystem services shall be 
agreed upon and decided by organizations and indiv iduals providing natural 
ecosystem services and by organizations and individuals using natural 
ecosystem services.  
Article 127. Use and management of payment for natural ecosystem 
services  
1. Organizations and individuals providing natural ecosystem services 
have the right to decide on the use of money collected from natural ecosystem 
services after fulfilling financial obligations to the State according to 
regulations. under the law.  
2. If the subject specified in Article 122 of this Decree is the Ma nagement 
Board of a nature reserve or an organization assigned to manage, protect, 
maintain and develop the natural ecosystem in accordance with the law, money 
collected from natural ecosystem services, after deducting reasonable expenses 
for protecting, m aintaining and developing the natural ecosystem as prescribed 
in Clause 3 of this Article, the remainder shall be transferred to on the provincial 
environmental protection fund or the Vietnam Environmental Protection Fund 
for localities that have not yet e stablished a provincial environmental protection 
fund to coordinate and use for the purpose of protecting, maintaining and 
developing the ecosystem other natural resources in the province.  
3. Reasonable costs to protect, maintain and develop natural ecosys tems 
include:  
a) Organize the implementation of the policy of payment for natural 
ecosystem services;  
b) Pay the contracted party to protect, maintain and develop the natural 
ecosystem;  
c) Inspect, monitor, make statistics, inventory, and evaluate natural 
ecosystems;  169 
 
d) Restoration of natural ecosystems;  
dd) Expenses for the entrustment of the environmental protection fund 
according to the provisions of Point c, Clause 5 of this Article;  
e) Other expenditures directly serving the protection, maintenance, an d 
development of natural ecosystems as prescribed by law.  
4. Entrusted environmental protection funds are responsible for making 
plans on revenues and expenditures and estimates of management expenditures 
for payments for natural ecosystem services in the form of entrustment as 
follows:  
a) Check the accuracy of the area of natural ecosystem service provision; 
make a list of organizations and individuals providing natural ecosystem 
services;  
b) Summarize payment plans for natural ecosystem services of 
organizations and individuals using natural ecosystem services;  
c) Make a plan for collection and payment of natural ecosystem services; 
estimates of management expenditures for payments for natural ecosystem 
services in the fourth quarter of each year; submit  to the Minister of Natural 
Resources and Environment (in the case that the environmental protection fund 
is entrusted with the Vietnam Environment Protection Fund) or submit it to the 
People's Committee of the province (in the case where the environmental  
protection fund receives entrustment is the provincial environmental protection 
fund) to decide;  
d) Notify revenue and expenditure plans to organizations and individuals 
providing natural ecosystem services in accordance with the law.  170 
 
5. The determination  and coordination of payments for natural ecosystem 
services to organizations and individuals providing natural ecosystem services in 
the form of entrustment shall be carried out as follows:  
a) Before March 31 of each year, based on the amount of payment f or 
natural ecosystem services actually collected in the previous year and the results 
of determining the area to be paid, the director of the entrustment environmental 
protection fund shall confirm determine the amount to pay to organizations and 
individua ls providing natural ecosystem services in the previous year to 
coordinate and pay to organizations and individuals providing natural ecosystem 
services;  
b) Before April 15 of each year, the entrusted environmental protection 
fund shall notify organization s and individuals providing natural ecosystem 
services of the amount of payment for natural ecosystem services;  
c) The entrusted environmental protection fund may deduct no more than 
10% of the total payment for natural ecosystem services in the form of 
entrustment to serve the activities specified in Clause 6 of this Article.  
6. Funds deducted from the entrustment environmental protection fund 
shall be used to supplement expenses for the activities of the entrusting 
environmental protection fund apparatus for direct service of payment for 
ecosystem services. natural environment under the guidance of the Ministry of 
Finance.  
7. The Ministry of Natural Resources and Environment promulgates a 
sample summary plan of payment for natural ecosystem services of 
organizations and individuals using natural ecosystem services, a sample of 
money collection, and a payment plan for natural ecosystem services, model of 
management expenditure estimate for payment for natural ecosystem services; 
sample notice of the environm ental protection fund that entrusts organizations 
and individuals to provide natural ecosystem services with the payment for 
natural ecosystem services specified at Points b and c, Clause 4, and Points a 
and b, Clause 5 of this Article.  
Article 128. Rights  and obligations of organizations and individuals 
providing natural ecosystem services  171 
 
1. Have the right to request organizations and individuals using natural 
ecosystem services to pay for the use of natural ecosystem services according to 
the provisions of this Decree and other relevant laws.  
2. Have the obligation to use the money to pay for natural ecosystem 
services according to the purposes specified in Clauses 1, 2, and 3, Article 127 
of this Decree.  
3. Have the obligation to maintain the area, prote ct the quality of natural 
ecosystem services provided in accordance with the law and the signed contract 
of payment for natural ecosystem services.  
4. The grassroots -level payment scheme for natural ecosystem services 
must be made according to the provisio ns of Clauses 4 and 5, Article 124 of this 
Decree before signing contracts with organizations and individuals using the 
services. natural ecosystem services; send 01 sets of projects to the provincial 
environmental protection agency for monitoring and mana gement.  
5. To exercise other rights and perform other obligations as prescribed by 
law. 
Article 129. Rights and obligations of organizations and individuals 
using natural ecosystem services  
1. To be informed of the implementation status and results of the 
maintenance, protection, and development of natural ecosystems within the area 
where natural ecosystem services are provided; a notice on the area and state of 
the natural ecosystem assessed by an organization or individual providing 
natural ecosystem serv ices. 
2. To be able to participate in the process of planning, implementing, 
inspecting, and supervising the protection and development of natural 
ecosystems in the area where natural ecosystem services are provided.  
3. Requesting organizations and individ uals providing natural ecosystem 
services to adjust the payment for natural ecosystem services in cases where 
organizations and individuals providing natural ecosystem services are not 
guaranteed in accordance with the signed agreement on the area or statu s of the 
natural ecosystem, which has been paid the corresponding amount by the 
organization or individual using the natural ecosystem service.  
4. Sign a contract, declare the number of natural ecosystem services to be 
paid with the entrusting environmenta l protection fund in case of payment in the 
form of entrustment.  
5. Take responsibility before law for the accuracy of the information 
provided as a basis for determining the level of payment for natural ecosystem 
services.  
6. Pay for the use of natural ec osystem services in full and on time 
according to the signed contract of payment for natural ecosystem services.  172 
 
7. Participating in the protection of natural ecosystems in the area where 
natural ecosystem services are provided; take measures to prevent an d control 
impacts from production and business activities that may affect the natural 
ecosystem and take responsibility for recovery if they cause harm to the natural 
ecosystem.  
8. To be notified by the entrusting environmental protection fund of 
payment r esults in the form of entrustment to organizations and individuals 
providing natural ecosystem services in case of payment in the form of 
entrustment.  
 
Section 2 
ENVIRONMENTAL DAMAGE LIABILITY INSURANCE; PRIORITY, 
SUPPORT ON ENVIRONMENTAL PROTECTION  
 
Article 130. Subjects to purchase liability insurance for damage 
caused by environmental incidents  
Owners of investment projects and establishments on the list of types of 
production, business and service that are likely to cause large -capacity 
environmental pollution are specified in column 3, Appendix 2  issued together 
with this Decree. responsible for purchasing liability insurance for damage 
caused by environmental incidents.  
Article 131. Subjects eligible for incentives and support for 
envir onmental protection  
1. Subjects eligible for incentives and support include organizations and 
individuals investing in environmental protection works; environmental 
protection production, business, and service activities in projects, industries, and 
trades  eligible for investment incentives are specified in Appendix 12 to the 
Appendix to this Decree.  
2. The principles of incentives and support compliance with the 
provisions of Clause 1, Article 141 of the Law on Environmental Protection.  
Article 132. Land s upport  173 
 
1. Investors of projects on construction of environmental protection works 
specified in Clauses 1 and 3 of Appendix 12 of the Appendix issued together 
with this Decree are entitled to support for investment in the construction of 
infrastructure work s. as follows:  
a) The State prioritizes allocating land funds associated with available 
works, technical infrastructure works (roads, electricity, water supply, and 
drainage, communication, energy) outside the project scope. connecting to the 
general techn ical infrastructure system of the area, not through the auction of 
land use rights;  
b) In case the State cannot arrange the land fund associated with existing 
technical infrastructure works and work items outside the project scope 
connected to the general technical infrastructure system of the area, the project 
investor Projects are entitled to policies such as investment support for 
infrastructure construction according to the provisions of the law on investment.  
2. Owners of investment projects specified at Point b, Clause 3, Appendix 
12, Appendix to this Decree are entitled to incentives for exemption and 
reduction of land use levy and land rent in accordance with the land law. as 
objects of projects, industries, and professions with special investment 
incentives.  
3. Investment project owners carry out investment activities in the 
construction of production facilities specified at Points c, d, and dd, Clause 2, 
and Point d, Clause 3, Appendix 12 to the Appendix issued together with the 
Decree. This group i s entitled to incentives on exemption and reduction of land 
use levy and land rent according to the provisions of the land law as the subjects 
of projects, industries, and professions eligible for investment incentives.  
In case the project investor has adv anced compensation and site clearance 
according to the plan approved by the competent authority, the deduction will be 
deducted in accordance with the provisions of the land law.  
4. Projects on the relocation of households out of concentrated production, 
business and service zones, industrial clusters, or relocation of operating 
establishments in case land is recovered by the State, compensation, support, 
Resettlement shall comply with the provisions of the land law.  
Article 133. Investment capital incenti ves and support  174 
 
1. Incentives from the Vietnam Environmental Protection Fund, the provincial 
environmental protection fund:  
a) The project investor shall perform the activities specified at Point a, Clause 1, 
Appendix 12 to the Appendix to this Decree if a pplying waste treatment technology 
with a proportion of waste that must be buried after treatment. If less than 30% of the 
total amount of solid waste collected is managed, they may get a loan with a 
maximum preferential interest rate not exceeding 50% of the state investment credit 
interest rate announced by a competent authority at the time of loans issuance, the total 
loan amount does not exceed 80% of the total work construction investment; be 
prioritized for post -investment support from the annual reve nue and expenditure 
difference;  
b) The project investor performs the activities specified in Clause 3, Article 55 
of the Law on Environmental Protection and Appendix 12 to the Appendix to this 
Decree but does not fall under the subjects specified at Point a of this Clause. may 
borrow capital with a maximum preferential interest rate not exceeding 50% of the 
state investment credit interest rate announced by a competent authority at the time of 
lending, the total loan amount not exceeding 70% of the total in vestment construct; 
Priority is given to post -investment support from the annual revenue and expenditure 
difference.  
2. Incentives from the Vietnam Development Bank: project investors that 
perform the activities specified in Appendix 12 to the Appendix iss ued together with 
this Decree are entitled to investment credit incentives like other projects. projects on 
the list of investment credit loans in accordance with current law.  
3. The Ministry of Natural Resources and Environment shall guide the loan, 
post-investment interest rate support specified in Clause 1 of this Article; sponsor, co -
sponsor, and other support for environmental protection activities from Vietnam 
Environment Protection Fund. Provincial -level People's Committees shall guide the 
lending of  capital and post -investment interest rate support for the provisions of Clause 
1 of this Article; sponsor, co -sponsor, and other support for environmental protection 
activities of the province from the provincial environmental protection fund.  
4. The gran t of credit guarantees to small and medium -sized enterprises 
borrowing capital from lending institutions in accordance with the provisions of the 
law on credit guarantee.  
5. The state budget provides direct interest rate support to investors after 
finalizi ng medium and long -term credits to carry out environmental protection 
activities according to Appendix 12 to the Appendix issued together with this Decree 
and the project is granted green credit at credit institutions, foreign bank branches in 
Vietnam. The  investor shall provide complete project documentation and take 
responsibility before law for the effectiveness and accuracy of beneficiaries of interest 
rate support.  
Article 134. Tax, fee and fee incentives  175 
 
1. Incentives on corporate income tax: incomes of enterprises from the 
implementation of investment projects on the list of environmental protection 
activities eligible for incentives and support specified in Clauses 1 and 2, 
Appendix 12, part. The Appendix issued together with this Decree is entitled to 
corporate income tax incentives in accordance with the law on corporate income 
tax. 
2. Incentives for other tax, charge and fee policies shall comply with the 
provisions of the law on taxes, fees and charges.  
Article 135. Subsidies on environmental protection products and 
services  
1. The list of public products and services for environmental protection 
includes:  
a) Collection and treatment of domestic wastewater in urban areas and 
concentrated residential areas;  
b) Services of collecting and transpor ting daily -life solid waste from 
households and individuals;  
c) Public transport services, except for services using public transport 
using oil.  
2. The price subsidy for public products and services specified in Clause 1 
of this Article shall comply with t he Government's regulations on assigning 
tasks, placing orders, or bidding for the provision of public products and 
services using the state budget from recurrent expenditures.  
Article 136. Green public procurement for investment projects and 
tasks using t he state budget  176 
 
1. Public procurement or investment items in investment projects and 
tasks funded with the state budget according to the Government's regulations, 
prioritizing the use and consumption of environmentally friendly products and 
services certif ied Vietnam Ecolabel.  
2. When developing bidding documents for public procurement, the 
requirements for procurement and use of environmentally friendly products and 
services certified with the Vietnam Ecolabel should be included in the criteria. 
contractor  selection.  
3. Encourage domestic and foreign organizations and individuals to shop 
green and use environmentally friendly products and services certified with the 
Vietnam Ecolabel.  
4. The Ministry of Planning and Investment shall promulgate according to 
its competence or submit to competent authorities for promulgation detailed 
regulations on prioritization of procurement of environmentally friendly 
products and services in bidding activities for project implementation, duties for 
contractors and investors  using products and services certified with Vietnam 
Ecolabel.  
5. The Ministry of Finance shall promulgate according to its competence 
or submit to competent authorities for promulgation detailed regulations on 
implementation of green procurement for projects and tasks using the state 
budget.  
Article 137. Support for promoting environmental protection 
activities is encouraged  
1. The State encourages organizations, individuals, enterprises and 
cooperatives to perform the following activities:  
a) Promote  products from environmental protection activities, recall and 
treatment of discarded products;  
b) Producing and disseminating various types of films and television 
programs on environmental protection in order to raise people's awareness of 
environmental protection and use of environmentally friendly products;  
c) Provide free tools for households and individuals to classify waste in 
daily -life solid waste.  
2. Expenses for performing activities specified in Clause 1 of this Article 
shall be accounted into p roduction expenses of organizations, individuals, 
enterprises and cooperatives in accordance with law.  
 
Section  3 
CRITERIA, ROADMAP AND INCENTIVE MECHANISMS FOR 
CIRCULAR ECONOMIC DEVELOPMENT  
 177 
 
Article 138. General provisions on circular economy  
1. General c riteria for circular economy  
a) Reducing exploitation and use of non -renewable resources and water 
resources; increasing efficiency in the use of resources, raw materials, and 
materials; energy saving;  
b) Extend the use time of materials, equipment, produc ts, goods, 
components, and components;  
c) Limiting waste generation and minimizing adverse impacts on the 
environment, including reducing solid waste, wastewater, emissions; reducing 
the use of harmful chemicals; waste recycling, energy recovery; reducing single -
use products; green shopping.  
2. Ministries, ministerial -level agencies, and provincial -level People's 
Committees, based on the general criteria specified in Clause 1 of this Article, 
develop a system of specific criteria to evaluate the results of circular economy 
implementation in accordance with the provisions of Clause 1 of this Article. 
appropriate to the industry, field, product, and geographical area assigned for 
management.  
3. Owners of investment projects, production, and service establishme nts, 
based on the action plan specified at Point a, Clause 3, and Clauses 4 and 5, 
Article 139 of this Decree, shall take one or more measures in order for the 
following priorities to achieve circular economy criteria:  
a) Limit the use of environmentally u nfriendly products; optimize the use 
of equipment and products; increase production efficiency, efficiently use 
resources, raw materials, and materials;  
b) Extend the life cycle of products and their components and 
components, including reuse (products are  reused by other consumers); repair 
(repair or maintain defective products to prolong their service life); 
refurbishment (restore and upgrade old products); remanufacturing (using 
components, components, components of waste products for similar functions);  
change the purpose of use (using discarded products or components and 
components for new products with other functions);  
c) Reducing generated waste includes: waste recycling (treatment and 
processing of waste to convert it into raw materials, fuel, and useful materials); 
Energy recovery through waste incineration.  178 
 
4. Owners of investment projects, establishments, concentrated 
production, business and service zones, and industrial clusters shall base 
themselves on the action plans specified at Point a, Cl ause 3, and Clauses 4 and 
5, Article 139 of this Decree. take one or more of the following measures to 
achieve circular economy criteria:  
a) Optimizing overall layout design, linking investment projects, 
production, business, and service facilities to impr ove efficiency in use and 
reduce consumption norms of land, water, and mineral resources production, 
energy; improve the recycling rate and reduce the total amount of waste 
generated; other solutions specified in Clause 3 of this Article;  
b) Develop and us e clean energy and renewable energy according to the 
provisions of law;  
c) Collecting, storing for reuse of rainwater; collecting, treat and reusing 
wastewater;  
d) Carry out industrial symbiosis activities in accordance with the law on 
the management of in dustrial parks and economic zones.  
5. Investment project owners in urban areas and concentrated residential 
areas, based on the plans specified at Point a, Clause 3, and Clauses 4 and 5, 
Article 139 of this Decree, design, organize, manage, and implement t he 
following measures to achieve circular economy criteria:  
a) Optimal overall layout design to improve the efficiency of use and 
reduce consumption of land, water, and energy resources;  
b) Applying environmentally -friendly transportation solutions, reduci ng 
greenhouse gas emissions;  
c) Develop and use clean energy and renewable energy according to the 
provisions of law;  
d) Take other measures for environmental protection as prescribed by law.  
Article 139. Roadmap and responsibilities for implementing circu lar 
economy  
1. The Ministry of Natural Resources and Environment is responsible for:  
a) Assume the prime responsibility for, and coordinate with ministries, 
ministerial -level agencies, and provincial -level People's Committees in, 
formulating and submitting  to the Prime Minister for the promulgation of the 
national action plan to implement the circular economy as prescribed in Clause 5 
of this Article before December 31, 2023;  
b) Building and operating an information connection and data sharing 
platform on t he application of the circular economy model;  
c) Develop and issue a framework to guide the application and assessment 
of the circular economy;  179 
 
d) To perform the responsibilities specified in Clause 2 of this Article 
within the scope of their assigned mana gement sectors or domains.  
2. Ministries and ministerial -level agencies, based on their assigned state 
management functions, tasks, and domains, are responsible for:  
a) Formulate and approve action plans to implement circular economy of 
sectors, fields, an d products in accordance with the national action plan 
specified in Clause 5 of this Article;  
b) Organizing propaganda and dissemination of legal knowledge, 
education, and training on circular economy contents;  
c) Integrate specific criteria for the implem entation of the circular 
economy right in the process of formulating development strategies, master 
plans, plans, programs, and projects; waste management, reuse, and recycling;  
d) Manage and update information and data on the implementation of the 
circula r economy and integrate it with the information and data system of the 
Ministry of Natural Resources and Environment;  
dd) Organize the pilot application of the circular economy model to 
energy, raw materials, and waste sectors according to the action plan specified in 
Clauses 4 and 5 of this Article;  
e) Perform other responsibilities related to the circular economy as 
prescribed in this Decree.  
3. Provincial -level People's Committees are responsible for:  
a) Formulate and consult relevant ministries and mini sterial -level agencies 
and approve action plans to implement circular economy at provincial -level in 
line with national action plans for circular economy implementation. specified in 
Clause 4 of this Article;  
b) Perform the responsibilities specified at Po ints b, c, d, and e, Clause 2 
of this Article in the area under their management;  
c) Organize the pilot application of the circular economy model to energy, 
raw materials, and waste sectors according to the action plan specified at Point a 
of this Clause a nd Clauses 4 and 5 of this Article.  
4. The national action plan to implement the circular economy includes 
the following main contents:  
a) An overview analysis of the current status of exploitation and use of 
natural resources; production and consumption; situation and forecast of waste 
generation; domestic and international context of circular economy 
implementation;  
b) Develop viewpoints, general goals, objectives, and specific targets for 
the implementation of the circular economy in the period of the 10 -year national 
action plan;  180 
 
c) Determine the tasks and roadmap for the implementation of the circular 
economy for sectors and fields, in which priority sectors and fields are identified 
in each period; develop a list of specific industries and fields that must have 
guidance on the application of circular economy;  
d) Identify types of investment projects, production, and business 
establishments, services and products that must be designed to achieve circular 
economy criteria; apply cleaner production, produc e environmentally friendly 
products, produce using recycled materials, manage the life cycle of chemicals 
and waste;  
d) Orientation on solutions to implement the circular economy, including 
propaganda, education, training, training, knowledge, and law diss emination; 
science and technology development; human resource development; technical 
infrastructure development; connecting and sharing information and data; 
mobilize capital sources; international cooperation and other solutions;  
e) Organizing the impleme ntation, including assigning responsibilities of 
the lead agency and coordinating agencies; monitoring and reporting regime; 
allocating resources for implementation.  
5. Action plans for implementing circular economy of sectors, fields and 
products must be consistent with the national action plan specified in Clause 4 
of this Article. Based on the characteristics of each industry, field, or product, 
the action plan must identify solutions to implement the circular economy in 
accordance with the provisions of  Clauses 2, 3, and 4, Article 138 of this 
Decree.  
6. Owners of investment projects, establishments, concentrated 
production, business and service zones, and industrial clusters are responsible 
for implementing the circular economy according to the action p lan specified at 
Point a, Clause 3, and Clause 4 of this Article. and Clause 5 of this Article.  
7. To encourage investment project owners, establishments, investors to 
build and operate infrastructure in production, business, and service zones, and 
industr ial clusters to apply the circular economy earlier than the defined 
roadmap. specified in the action plan specified at Point a, Clause 3, Clause 4, 
and Clause 5 of this Article.  
8. To encourage investment project owners, establishments, investors to 
build and trade in the infrastructure of production, business and service zones, 
and industrial clusters to operate before the effective date of this Decree. 
continue to maintain the application of one or more measures specified in 
Clauses 2, 3, and 4, Article 1 38 of this Decree (if any).  
Article 140. Mechanism to encourage the implementation of the 
circular economy  
1. The State gives priority to investment in the development of the 
circular economy for the following activities:  181 
 
a) Scientific research, application development, technology transfer and 
equipment production, human resource training to implement the circular 
economy;  
b) Provide a platform for sharing information and data on the circular 
economy.  
2. Organizations and individuals that have act ivities and projects applying 
the circular economy model that are eligible for incentives and support in terms 
of environmental protection and green projects are entitled to incentives and 
supports according to regulations. in Article 131, Article 132, Art icle 133, 
Article 134, Article 135, Article 137 of this Decree and other relevant laws and 
incentive mechanisms for green credits and green bonds as prescribed in Article 
154, Article 155, Article 156, and Article 157 of this Decree.  
3. The State encourage s the following circular economy development 
activities:  
a) Research, develop technology, technical solutions, provide consulting 
services, design and evaluate the implementation of the circular economy 
according to the provisions of law;  
b) Developing mod els of linkage, sharing the use of products and waste; 
to establish cooperative groups, cooperatives, unions of cooperatives, recycling 
alliances, models of regional linkage, urban -rural linkage, and other models as 
prescribed by law to implement investmen t, production, business, and service 
activities meet the criteria of the circular economy;  
c) Apply industrial symbiosis measures in accordance with the law on 
management of industrial parks and economic zones;  
d) Developing a market for reuse of discarded  products and recycling of 
waste;  
dd) Mobilize resources in society to implement the circular economy in 
accordance with law;  
e) International cooperation, exchange of experience, knowledge, and 
technology in the circular economy in accordance with the pro visions of law.  
Section 4 
ENVIRONMENTAL INDUSTRY DEVELOPMENT, ENVIRONMENTAL 
SERVICES  
Article 141. Environmental industry technology, equipment and 
products  182 
 
1. The list of groups of technologies, equipment and products specified in 
Clause 1, Article 143 of the Law on Environmental Protection is specified in 
Appendix 13 to the Appendix to this Decree.  
2. The Ministry of Industry and Trade shall assume the prime 
responsibility for, and coordinate with the Ministry of Natural Resources and 
Environment, the Mini stry of Science and Technology with, relevant ministries 
and ministerial -level agencies in formulating and submitting to the Prime 
Minister for promulgation a specific list of technologies. environmental industry 
equipment and products specified in Clause 1 of this Article.  
3. The Ministry of Planning and Investment shall assume the prime 
responsibility for, and coordinate with the Ministry of Industry and Trade in, 
submitting to the Prime Minister to add statistical indicators on the 
environmental industry  to the system of national statistical indicators; organize 
and direct periodically the implementation of social publication of statistical 
information on the environmental industry.  
Article 142. Policy on development of environmental industry  
1. The State  gives priority to investment in the development of 
technologies, equipment, and products specified in Clauses 1 and 2, Article 141 
of this Decree to meet the requirements of handling important, long -term, 
regulatory, and environmental issues, regional, na tional, and international scale 
affecting the country's sustainable development; preventing and responding to 
environmental incidents and environmental disasters.  
2. Organizations and individuals that invest in the production of 
equipment, products, and go ods, and develop technologies that are eligible for 
incentives and support for environmental protection are entitled to incentives 
and supports according to the regulations. prescribed in Articles 131, Article 
132, Article 133, Article 134, Article 135, Ar ticle 137 of this Decree and other 
relevant laws.  
3. The Ministry of Industry and Trade shall assume the prime 
responsibility for, and coordinate with ministries, ministerial -level agencies, and 
provincial -level People's Committees in, formulating and subm itting to the 
Prime Minister for approval of the program on the development of the 
environmental industry.  
 4. The Ministry of Finance shall assume the prime responsibility for, and 
coordinate with the Ministry of Industry and Trade in, stipulating identif ication 
codes for environmental goods of the Harmonized Tariff List (HS code) in order 
to implement an appropriate roadmap for opening environmental goods in 
accordance with international commitments.  
Article 143. Objects of development of environmental services  
1. Environmental services as prescribed in Clause 3, Article 144 of the Law on 
Environmental Protection.  183 
 
2. Services of treatment and environmental improvement of daily -life solid waste 
landfills; Collect and treat plastic waste floating in the se a and ocean.  
3. Transport services using means of transport using renewable energy, low fuel 
consumption, low emissions or no emissions as prescribed by law.  
Article 144. Encourag e the development of environmental services  
1. Organizations and individuals may participate in providing 
environmental services in the fields specified in Article 143 of this Decree.  
2. Organizations and individuals participating in the provision of 
environmental services specified in Clause 1 of this Article satisfy the 
requireme nts as prescribed by law.  
3. Investment projects in the industries of waste collection, recycling, and 
treatment are entitled to incentives and support according to the provisions of 
Article 141 of the Law on Environmental Protection.  
4. Provincial -level P eople's Committees shall prepare, appraise, approve 
or submit to competent authorities for approval, organize the implementation of 
approved investment projects by the method of public -private partnership in 
concentrated domestic wastewater collection and treatment, domestic solid 
waste treatment in accordance with the law on investment in the form of public -
private partnership.  
5. The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and coordinate with the Ministry o f Planning and 
Investment and relevant agencies in implementing the following contents:  
a) Formulate, appraise, approve or submit to competent authorities for 
approval, organize the implementation of investment projects in the form of 
public -private partne rship in centralized domestic wastewater collection and 
treatment, and waste treatment; inter -regional and inter -provincial snakes in 
accordance with the law on investment under the model of public -private 
partnership;  
b) Formulate an investment project pr oposal and submit it to the 
competent authority for a decision on investment policy in an industrial park for 
recycling, waste recycling, and inter -provincial hazardous waste treatment in 
accordance with relevant laws.  
6. The Ministry of Planning and Inves tment shall assume the prime 
responsibility for, and coordinate with other ministries and ministerial -level 
agencies in:  
a) Complete mechanisms and policies to guide the implementation and 
encourage the implementation of the model of ecological industrial parks and 
recycling industrial parks;  
b) Assume the prime responsibility for, and coordinate with ministries, 
branches and localities in, building and perfecting a database system on resource 184 
 
efficiency in industrial parks, towards general application to p roduction and 
business zones, centralized service.  
Section  5 
ENVIRONMENTALLY FRIENDLY PRODUCTS AND SERVICES  
 
Article 145. Environmentally friendly products and services  
1. The Ministry of Natural Resources and Environment stipulates criteria 
and certification of Vietnam Eco -label for environmentally friendly products 
and services; guide and inspect the implementation of the criteria of the Vietnam 
Ecolabel for organizations and individuals with certified products and services; 
regulations on the s ymbol of Vietnam Eco -Label, the form of decision on the 
certification of Vietnam Eco -Label for environmentally friendly products and 
services.  
2. Organizations and individuals that produce products and provide 
services with Vietnam Ecolabel certification a re entitled to preferential policies 
as prescribed in Section 2 of this Chapter.  
3. The decision on the certification of Vietnam's eco -label for 
environmentally friendly products and services is valid for 36 months from the 
date of issuance.  
4. The certifi cate of environmentally friendly plastic bags, the decision on 
the certification of products meeting Vietnam's green label criteria issued by a 
competent state agency before the effective date of this Decree will continue to 
be effective. force until the e xpiry date stated in the certificate.  
5. Ministries and ministerial -level agencies are encouraged to integrate 
environmental criteria consistent with Vietnam's Eco -label criteria in product 
and service certification activities in accordance with relevant l aws. 
Article 146. Dossier of application for certification of Vietnam 
Ecolabel  185 
 
1. A written request for certification of the Vietnam Eco -label for 
environmentally friendly products and services.  
2. Report on products and services that meet the set of crite ria for the 
Vietnam Eco -label.  
3. Product testing results are valid for no more than 6 months, until the 
date the Ministry of Natural Resources and Environment receives a valid 
registration dossier enclosed with the product sample for registration for 
certification. Product testing must be conducted by testing organizations that 
meet the requirements of Article 149 of this Decree.  
4. Drawings or snapshots of the industrial design with dimensions of 21 
cm x 29 cm and descriptions of the product's specificati ons. 
5. Dossier of application for certification of Vietnam Eco -Label is only 
valid for a period of 06 (six) months from the date of receipt of the document. If 
it is more than 06 months, the organization or individual must make a new set of 
documents to r equest the certification.  
6. The Ministry of Natural Resources and Environment promulgates a 
sample of a written request for certification of the Vietnam Ecolabel; a Sample 
report of products and services meeting the criteria of Vietnam Ecolabel.  
Article 1 47. Order and procedures for certification of Vietnam 
Ecolabels  186 
 
1. Within 05 days from the date of receipt of the application for 
registration of certification, the Ministry of Natural Resources and Environment 
shall consider the completeness and validity of the application; In case, the 
dossier is incomplete or invalid, a written notice must be sent to the registrant 
organization or individual to complete the dossier. Within 30 days from the date 
of receipt of a complete and valid dossier, the Ministry of Natural Resources and 
Environment shall organize an assessment according to the order of certification 
of the Vietnam Ecolabel specified in Clause 2 of this Article.  
2. The Vietnam Ecolabel certification process includes the following 
activities: setting u p an assessment council; conducting field surveys; evaluation 
board meeting; in case of necessity, conducting a solicitation of expertise to 
assess the conformity with the set of criteria of Vietnam Ecolabel. After the 
results of the meeting of the product  and service evaluation council meeting the 
set of Vietnam Ecolabel criteria, the Ministry of Natural Resources and 
Environment issues a decision on the certification of the Vietnam Ecolabel for 
products and services. . In case the product or service evalu ation results do not 
satisfy the set of criteria for the Vietnam Eco -label, the Ministry of Natural 
Resources and Environment shall notify in writing the organization or individual 
and clearly state the reason for the unsatisfactoriness.  
3. In case they wi sh to continue to be certified with the Vietnam Ecolabel, 
at the earliest 03 (three) months before the decision on the certification of the 
Vietnam Ecolabel expires, the organization or individual has been granted the 
decision. The certification authority of Vietnam Ecolabel shall make a dossier of 
application for certification according to the provisions of Article 146 of this 
Decree.  
4. In case an organization or individual has changes in technical 
specifications, characteristics of products or services, or other changes related to 
the criteria for certification of the Vietnam Eco -label, they shall submit a dossier 
of application. request the Ministry of Natural Resources and Environment to 
evaluate and certify according to the provisions of Article 148 of  this Decree.  
5. The Ministry of Natural Resources and Environment shall detail the 
assessment of products and services that satisfy the set of criteria for the 
Vietnam Eco -label; sample report on assessment results of application for 
certification of prod ucts and services meeting the criteria of Vietnam Ecolabel.  
Article 148. Issuance, change, revocation of decision on certification of 
Vietnam Ecolabel  
1. Within the duration of the certification decision, in case the 
organization or individual changes information compared to the content in the 
decision on the certification of the Vietnam Ecolabel, including name, address, 
legal representative Law, business registration number of the enterprise, 
identification mark and other changes, but without changing  the meeting the 
criteria for certification of Vietnam Eco -label of products and services, the 187 
 
provisions of this Law shall apply. after:  
a) Organizations and individuals send a written request for adjustment of 
the content of the decision on the certifica tion of the Vietnam Ecolabel to the 
Ministry of Natural Resources and Environment, enclosed with documents 
related to the change (if any);  
b) Within 15 days from the date of receipt of the written request for 
adjustment of contents of the decision on the c ertification of Vietnam eco -label 
from the organization or individual, if so agreed, the Ministry of Natural 
Resources and Environment shall issue and change the decision. certification of 
Vietnam Eco -label for products and services.  
2. Products and servic es have their decision on the certification of 
Vietnam Ecolabels revoked in one of the following cases:  
a) Products or services no longer satisfy the set of criteria for the Vietnam 
Ecolabel;  
b) Organizations and individuals that manufacture products and p rovide 
services fail to maintain their commitments in the application file for 
certification of the Vietnam Ecolabel.  
Article 149. Organization of monitoring, analysis and assessment of 
conformity of products and services with the criteria of Vietnam Eco -label 
The monitoring, analysis and assessment of conformity of products and 
services with the criteria of Vietnam Ecolabel is carried out by a competent 
organization, including:  
1. Agencies and organizations certified by the Ministry of Natural 
Resources an d Environment to be eligible to provide environmental monitoring 
services.  
2. Conformity assessment organization has been certified in accordance 
with the law on science and technology.  
3. Domestic and foreign testing organizations are accredited to conform to 
the international standard ISO/IEC 17025 by an accreditation body that is a 
signatory member of the mutual recognition agreement of the International 
Accreditation Forum (IAF). ), Asia -Pacific Accreditation Association (APAC), 
International Labo ratory Accreditation Association (ILAC).  
Article 150. Publication and mutual recognition for certification of 
environmentally friendly products and services  
1. The Ministry of Natural Resources and Environment shall announce 
and update the list of products  and services certified with the Vietnam Ecolabel 
on the website of the Ministry of Natural Resources and Environment.  
2. The Ministry of Natural Resources and Environment signs an 
agreement and publishes the contents of the mutual recognition agreement on  
certification of products and services certified with the Vietnam Ecolabel with 188 
 
international ecolabel certification organizations. .  
 
Chapter  XI 
RESOURCES FOR ENVIRONMENTAL PROTECTION  
Article 151. Environmental protection activities fall under the 
respon sibility of the central government  
1. Waste management, support for waste treatment, including 
investigation, assessment, and control of waste sources causing environmental 
pollution on an inter -provincial and inter -regional scale; make a list of wastes; 
formulating criteria on waste treatment technology and techniques under the 
responsibility of the central government.  
2. Treatment, improvement, and restoration of environmental quality, 
including:  
Pollution treatment, environmental improvement, and restor ation for areas 
contaminated with soil environment left behind by history or unidentifiable 
organizations and individuals causing pollution, including areas with residual 
and vulcanized pollution. substance in war; the area is contaminated with 
residues of  plant protection chemicals of a particularly serious level; other 
contaminated land areas with serious and especially serious levels under the 
central handling responsibility; treatment of environmental pollution of river and 
lake surface water in inter -provincial provinces.  
3. Construction of environmental protection technical infrastructure; 
equipment for environmental protection; environmental monitoring, including:  
a) Invest in building technical infrastructure for information systems and 
databases on the environment and climate change; central environmental 
monitoring technical infrastructure; procurement, repair, and upgrading of 
equipment and means for environmental protection work under the 
responsibility of the central government according to inves tment projects;  
b) Procurement of replacement equipment; maintaining and operating 
equipment and means in service of environmental protection is the responsibility 
of the central government;  
c) Operation of the environmental monitoring system in accordance  with 
the national environmental monitoring master plan, environmental monitoring 
serving the management of sectors and fields (including operation, maintenance, 
maintenance, repair, etc.), calibration, verification).  
4. Examination, inspection, and supervision of environmental protection 
and response to climate change fall under the responsibility of the central 
government and under the decisions of competent authorities.  
5. Conservation of nature and biodiversity; environmental protection of 
natural  heritage; response to climate change, including:  189 
 
a) Investigate, survey, evaluate, manage and protect the environment of 
natural heritage; establishment, appraisal, and recognition of natural heritage; 
support the management and environmental protection o f natural heritage areas 
under the responsibility of the central government;  
b) Investing in biodiversity conservation and sustainable development 
according to the provisions of Clause 2, Article 73 of the Law on Biodiversity is 
the responsibility of the c entral government;  
c) Conservation and sustainable development of biodiversity according to 
the provisions of Clause 3, Article 73 of the Law on Biodiversity fall under the 
responsibility of the central government (except for formulation and appraisal of 
biodiversity conservation planning);  
d) Investigate, survey, make statistics of activity data, inventory of 
greenhouse gas emissions, assess the current state of greenhouse gas emissions 
at national, sectoral and institutional levels, make a list of sectors  and 
establishments that emit greenhouse gases. greenhouse gas emissions must have 
a greenhouse gas inventory; building and operating a system of measuring, 
reporting, and appraising GHG emission reduction at the national, branch, field, 
and grassroots lev el; prepare national and sectoral GHG inventory reports; 
develop national and sectoral mitigation plans for greenhouse gas emissions; 
develop a general report on mitigation of national greenhouse gas emissions, 
report on mitigation of greenhouse gas emissi ons in the field; allocation of 
greenhouse gas emission quotas;  
dd) Development of the domestic carbon market;  
e) Develop a national plan to adapt to climate change; build a monitoring 
and evaluation system for climate change adaptation activities at natio nal and 
field levels; develop criteria for determining investment projects and tasks to 
adapt to climate change; develop criteria for assessing climate risks; develop 
reports on assessment of impacts, vulnerabilities, risks, losses and damages 
caused by cl imate change at national and sectoral levels;  
g) Investigate, make statistics, monitor, evaluate and make a list of 
substances that deplete the ozone layer and cause greenhouse effects under the 
tasks of the central government;  
h) Investing in projects to restore degraded natural ecosystems and 
conserve biodiversity; invest in projects on technology conversion to eliminate 
and reduce the use of ozone -depleting substances, control greenhouse gases, 
adapt to climate change and mitigate greenhouse gas emission s under the central 
mandate.  
6. Scientific research, development, transfer, and application of 
environmental technology, response to climate change, and protection of the 
ozone layer shall comply with the provisions of the law on science and 
technology, the legislation law on technology transfer.  190 
 
7. Communication, raising awareness of environmental protection; 
Environmental Education; disseminating knowledge and propagating the law on 
environmental protection, including:  
a) Communicating, training, and fo stering to raise awareness, awareness, 
and knowledge on environmental protection; disseminating and propagating 
legislation on environmental protection and response to climate change; assess, 
summarizing and monitoring the implementation of the law on envi ronmental 
protection; organizing commendation and replication of typical individuals, 
organizations and communities with achievements, initiatives, and contributions 
to environmental protection and response to climate change;  
b) Education and training on e nvironmental protection and response to 
climate change fall under the responsibility of the central government.  
8. Activities of international integration and international cooperation on 
environmental protection, including:  
a) Signing and implementing int ernational treaties and agreements on 
environmental protection, response to climate change, and protection of the 
ozone layer;  
b) Annual contributions and other contributions (if any) in accordance 
with Vietnamese law, international law and commitments in international 
treaties, international agreements on the environment, response to climate 
change, and ozone layer protection in line with Vietnam's international 
commitments;  
c) Reciprocal capital for programs and projects using ODA loans or aid 
funds for e nvironmental protection, response to climate change, and protection 
of the ozone layer in accordance with the law.  191 
 
9. Other state management of environmental protection activities that fall 
under the tasks of the central government as prescribed by law, in cluding:  
a) Formulate and adjust strategies, plans, technical regulations, processes, 
technical guidelines, economic -technical norms, programs, schemes, and 
projects on environmental protection, response with climate change;  
b) Formulating, appraising, app roving, and adjusting the national 
environmental monitoring master plan; evaluate the national environmental 
protection planning, the national biodiversity conservation planning, and the 
national environmental monitoring master plan; evaluate directions fo r 
environmental protection and biodiversity conservation in regional and regional 
planning in accordance with the law on planning;  
c) Formulate, appraise, approve, announce and adjust the national 
environmental protection planning and the national biodiver sity conservation 
planning according to the provisions of the law on planning;  
d) Implement national environmental protection planning, national 
biodiversity conservation planning, and national environmental monitoring 
master plan;  
dd) Assessment and forec ast of surface water and sediment quality, the 
load-bearing capacity of surface water environment for inter -provincial rivers 
and lakes; inventory and assessment of waste sources and pollution levels of 
inter-provincial rivers and lakes; assessment and for ecast of inter -provincial, 
inter-regional, and cross -border air environment quality; investigate, evaluate, 
classify, warn, control areas of land environmental pollution under the 
responsibility of the central government;  
e) Receive, verify and handle feed backs and recommendations of 
organizations, individuals, and the population community on environmental 
protection;  
g) Preventing, responding to, and overcoming environmental incidents;  
h) Manage, provide, publish and publicize information on the 
environmen t; operating information systems, environmental databases, 
responding to climate change (including acquiring, processing, exchanging 
information, maintaining, repairing, and replacing system storage devices) 
information, data); update, evaluate statistical  indicators, and develop reports on 
the environment and response to climate change; evaluate and rank 
environmental protection results;  
i) Develop, summarize, evaluate and guide models on environmental 
protection and climate change response;  
k) Assessment activities serving the certification and certification of 
environmental protection according to the provisions of law;  192 
 
l) Activities of the Steering Committee, Executive Board, Standing Office 
on environmental protection are decided by competent authoritie s; 
m) Organize conferences on environmental protection, response to 
climate change according to decisions of competent authorities, and other tasks 
of administrative management nature in service of environmental protection and 
response activities. cope wit h climate change;  
n) Provide charter capital, supplement charter capital for Vietnam 
Environmental Protection Fund;  
o) Other state management activities on environmental protection, 
response to climate change, support for environmental protection activitie s 
under the project decided by the Prime Minister.  
Article 152. Environmental protection activities under local responsibility  
1. Waste management, waste treatment support, including:  
a) Investigate, make statistics, assess the level of environmental pollution, 
monitor environmental quality developments, make a list of pollutants, solid 
waste, and pollution sources; assess and forecast the situation of generation, 
collection, and treatment of daily -life solid waste under the responsibility of the 
local ity; 
b) Support to sort at source, collect, transport, treat daily -life solid waste 
and treat other types of waste generated in the locality under the responsibility 
of the locality;  
c) Building and supporting the construction of public sanitation works, 
means, and equipment for waste collection, management, and treatment in 
public areas; on -site wastewater treatment facilities and equipment;  
d) Building, repairing, and renovating the environmental protection 
infrastructure of the craft village under the re sponsibility of the locality.  
2. Treatment, improvement, and restoration of environmental quality, 
including:  
Pollution treatment, environmental reclamation, and restoration for areas 
of land environmental pollution, areas of serious land environmental pol lution 
left behind by history or unidentifiable polluting organizations and individuals, 
including areas contaminated with chemical residues during the war; 
contaminated areas with residues of plant protection chemicals; other 
contaminated land areas in th e area under the responsibility of local handling; 
handling environmental pollution of river and lake surface water in the locality 
falls under the responsibility of the locality.  
3. Construction of environmental protection technical infrastructure; 
equipm ent for environmental protection; environmental monitoring, including:  
a) Investment projects on construction, renovation, and upgrading of 
collection and storage systems, transfer stations, gathering areas, the technical 193 
 
infrastructure of concentrated sol id waste and hazardous waste treatment zones, 
wastewater treatment system, a domestic waste landfill in the area; the system of 
public works and equipment in service of daily -life solid waste management in 
the locality and other public environmental protec tion works managed by the 
locality;  
b) Invest in building technical infrastructure for information systems and 
databases on the environment and climate change; local environmental 
monitoring technical infrastructure; procurement, repair, and upgrade of 
equipment and means in service of environmental protection under the 
responsibility of the locality according to the investment project;  
c) Procurement of replacement equipment; maintaining and operating 
equipment and means in service of environmental protect ion under the 
responsibility of the locality;  
d) Operation of the environmental monitoring system according to the 
provincial planning (including operation, maintenance, maintenance, repair, 
calibration, and verification).  
4. Examination, inspection, and supervision of environmental protection 
and response to climate change fall under the tasks of the locality and under the 
decisions of competent authorities.  
5. Conservation of nature and biodiversity; environmental protection of 
natural heritage; response  to climate change, including:  
a) Investigate, survey, evaluate, manage and protect the environment of 
natural heritage; establishment, appraisal, and recognition of natural heritage 
within the task of the locality;  
b) Investing in biodiversity conservation and sustainable development as 
prescribed in Clause 2, Article 73 of the Law on Biodiversity is under the 
responsibility of the locality;  
c) Conservation and sustainable development of biodiversity according to 
the provisions of Clause 3, Arti cle 73 of the Law on Biodiversity (except for 
formulation and appraisal of biodiversity conservation planning) are under the 
responsibility of the locality;  
d) Investigate, survey, and make statistics of activity data in service of 
national and sectoral gr eenhouse gas inventories; update the list of greenhouse 
gas-emitting facilities that must carry out a greenhouse gas inventory; building 
and operating a system of measuring, reporting, and appraising the mitigation of 
greenhouse gas emissions at the provin cial level;  
dd) Development of the domestic carbon market;  
e) Develop a monitoring and evaluation system for climate change 
adaptation activities at the provincial level; develop reports on assessment of 
impacts, vulnerabilities, risks, losses, and damages  caused by climate change at 194 
 
the provincial level;  
g) Investigate, make statistics, monitor, evaluate and make a list of 
substances that deplete the ozone layer, substances causing greenhouse effect 
within their respective localities;  
h) Investing in proje cts to restore degraded natural ecosystems and 
conserve biodiversity; invest in projects on technology conversion to eliminate 
and reduce the use of ozone -depleting substances, control greenhouse gases, 
adapt to climate change and mitigate greenhouse gas e missions local mandate.  
6. Scientific research, development, transfer, and application of 
environmental technology, response to climate change, and protection of the 
ozone layer shall comply with the provisions of the law on science and 
technology and the law. law on technology transfer.  
7. Communication, raising awareness of environmental protection; 
Environmental Education; disseminating knowledge and propagating the law on 
environmental protection, including:  
a) Communicating, training, and fostering to raise awareness, awareness, 
and knowledge on environmental protection; disseminating and propagating 
legislation on environmental protection and response to climate change; assess, 
summarizing and monitoring the implementation of the law on environmental 
protection; organizing commendation and replication of typical individuals, 
organizations and communities with achievements, initiatives, and contributions 
to environmental protection and response to climate change;  
b) Education and training on environmenta l protection and response to 
climate change fall under the responsibility of the locality.  
8. Activities of international integration and international cooperation on 
environmental protection, including:  
a) Cooperate in the signing and implementation of in ternational treaties to 
which Vietnam is a contracting party at the proposal of a competent central 
authority; signing and implementing international agreements on environmental 
protection, conservation of nature and biodiversity, response to climate chang e, 
and protection of the ozone layer;  
b) Reciprocal capital for programs and projects using ODA loans and aid 
for environmental protection, response to climate change, and protection of the 
ozone layer as prescribed by law.  195 
 
9. Other state management of env ironmental protection activities under 
the responsibility of the locality as prescribed by law, including:  
a) Formulate and adjust strategies, plans, technical regulations, processes, 
technical guidelines, economic -technical norms, programs, schemes, and 
projects on environmental protection, response with climate change;  
b) Evaluate the implementation of the plan for environmental protection 
and conservation of nature and biodiversity in the provincial planning;  
c) Assess and forecast the quality of surface  water, sediment, and load 
capacity of the surface water environment for rivers and lakes in the locality; 
inventory and assessment of waste sources and pollution levels in rivers and 
lakes in the area; assessment and forecast of air quality in the localit y; 
investigating, evaluating, identifying and zoning areas at risk of land 
environment pollution, areas of land environment pollution in the locality;  
d) Receive, verify and handle feedbacks and recommendations of 
organizations, individuals, and the popula tion community on environmental 
protection; seminars for environmental protection activities, response to climate 
change;  
d) Preventing, responding to, and overcoming environmental incidents;  
e) Manage, provide, publish and publicize information on the 
environment; operating information systems, environmental databases, 
responding to climate change (including acquiring, processing, exchanging 
information, maintaining, repairing, and replacing system storage devices) 
information, data); update, evaluate stat istical indicators, and develop reports on 
the environment and response to climate change; evaluate and rank 
environmental protection results;  
g) Building models on environmental protection and climate change 
response;  
h) Assessment activities serving the certification of environmental 
protection according to the provisions of law;  
i) Activities of the Steering Committee, Executive Board, Standing Office 
on environmental protection shall be decided by competent authorities;  
k) Organizing conferences on envi ronmental protection, response to 
climate change according to decisions of competent authorities, and other tasks 
of administrative management nature in service of environmental protection and 
response activities. cope with climate change;  
l) Provide chart er capital, supplement charter capital for the provincial 
environmental protection fund;  
m) Other state management activities on environmental protection, 
response to climate change, support for environmental protection activities 
under the project decided  by the Prime Minister.  196 
 
The specific allocation of the above -mentioned environmental protection 
spending tasks of the local budget to the local budget levels shall be submitted 
by the People's Committee of the province to the People's Council of the same 
level for decision.  
Article 153. Resources for performing environmental protection tasks  
1. State budget for regular spending on environmental protection:  
a) Expenses for environmental protection:  
Expenses for performing central tasks specified in Article 151 of this 
Decree, including Clause 1; Clause 2 covers investigation, survey, assessment of 
environmental pollution, treatment of environmental pollution (excluding 
investment projects under the Law on Public Investment); point b and point c 
clause 3; Cla use 4; points a, c (except for points d and g, Clause 3, Article 73 of 
the Law on Biodiversity), d, dd, e and g, Clause 5; point a, clause 7; Points a and 
c (reciprocal aid projects of environmental non -business sources) Clause 8; 
points a, b, dd, e, g, h,  i, k and l clause 9.  
Expenses for performing local tasks specified in Article 152 of this 
Decree, including Points a and b, Clause 1; Clause 2 covers investigation, 
survey and assessment of environmental pollution levels, treatment of 
environmental pollut ion (excluding investment projects under the provisions of 
the Law on Public Investment); point c and point d clause 3; Clause 4; points a 
and c (except for points d and g, Clause 3, Article 73 of the Law on 
Biodiversity), d, dd, e and g, Clause 5; point a  clause 7; Points a and b 
(reciprocal aid projects of environmental non -business sources) Clause 8; points 
a, b, c, d, dd, e, g, h and i, Clause 9;  
b) Spending on economic activities:  
Expenses for performing central tasks specified at Point c (point d, Cla use 
3, Article 73 of the Law on Biodiversity) Clause 5, Article 151 of this Decree 
and local tasks specified at Point c (Point d, Clause d) 3, Article 73 of the Law 
on Biodiversity) Clause 5, Article 152 of this Decree;  
c) Education and training expenses:  
Expenses for performing central tasks specified in Article 151 of this 
Decree, including point c (point g, clause 3, Article 73 of the Law on 
Biodiversity) Clause 5 and Point b, Clause 7.  
Expenses for performing local tasks specified in Article 152 of this  
Decree, including Point c (point g, Clause 3, Article 73 of the Law on 
Biodiversity) Clause 5 and Point b, Clause 7;  
d) Science and technology non -business expenses:  
Expenses for performing central tasks specified in Clause 6, Article 151 
of this Decree a nd local tasks specified in Clause 6, Article 152 of this Decree;  
dd) Administrative management expenses:  197 
 
Expenses for performing central tasks specified in Article 151 of this 
Decree, including Point b, Clause 8 and Point m, Clause 9.  
Expenses for perform ing local tasks specified at Point k, Clause 9, Article 
152 of this Decree.  
2. State budget for investment and development for environmental 
protection:  
a) Expenses for performing central tasks specified in Article 151 of this 
Decree, including Clause 2 (a ccording to investment projects), Point a, Clause 3, 
Points b and h, Clause 5, and Point c, Clause 8 (for respond to aid projects under 
investment sources), points c and n, clause 9;  
b) Expenses for performing local tasks specified in Article 152 of this 
Decree, including Points c and d Clause 1, Clause 2 (according to investment 
projects), Points a and b, Clause 3, and Points b and point h, clause 5, point b, 
clause 8 (reciprocal aid projects under investment sources), point l clause 9.  
3. The resources fo r the implementation of the planning specified at Point 
d, Clause 9, Article 151 of this Decree shall be decided by the competent 
authorities in accordance with the law on public investment and the law on the 
state budget; the tasks specified at point o cl ause 9 Article 151 and point m 
clause 9 Article 152 of this Decree shall be decided by the Prime Minister.  
4. Sources of social capital for environmental protection:  
a) Capital sources of enterprises, organizations, and individuals 
participating in environmental protection activities;  
b) Sources of donations, sponsorships, and aid from organizations and 
individuals as prescribed by law;  
c) Other revenue sources as prescribed by law (if any).  
The mobilization of socialized capital to perform environme ntal 
protection tasks specified in Articles 151 and 152 of this Decree shall comply 
with the provisions of the law on environmental protection and other relevant 
laws. , except for the tasks specified at Points a, b, and c, Clause 9, Article 151, 
Points a and b, Clause 9, Article 152, environmental protection tasks in the field 
of national security and defense, and necessary performance tasks. guarantee 
state secrets.  
5. The Ministry of Finance shall issue or submit to competent authorities 
for promulgation  guidance on the preparation and allocation of state budget 
estimates for environmental protection in accordance with the law on the state 
budget and the law on environmental protection; provide guidance on spending 
levels and methods of making estimates f or spending tasks from non -business 
sources of environmental protection.  
Article 154. Green project  198 
 
1. Green project is an investment project or item of an investment project 
in the field of environmental protection, an investment project that brings 
envir onmental benefits specified in Clause 1, Article 149 or Clause 2, Article 
150 of the Law on Protection. environment and in accordance with this Decree.  
2. The Prime Minister shall detail the list of green projects, criteria, and 
conditions for determining green projects (hereinafter referred to as the green 
project classification list) and the certification of green projects.  
3. Credit institutions, foreign bank branches in Vietnam, green bond 
issuers, based on the green project classification list specifie d in Clause 2 of this 
Article, organize the identification of green projects before granting green 
credits and issuing green bonds, except for the cases specified in Clauses 4 and 5 
of this Article.  
4. In case the entity issuing green bonds is an enterpris e that wishes to be 
certified for a green project specified in Clauses 1 and 2 of this Article, the 
competent authority shall certify the green project as prescribed in Clause 1 of 
this Article. Clause 6 of this Article before issuing green bonds.  
5. In ca se the investment project owner needs to certify the green project 
specified in Clauses 1 and 2 of this Article in order to be granted a green credit, 
the competent authority shall certify the green project before granting the green 
credit. green applicati on as prescribed in Clause 6 of this Article.  
Article 155. Green credit incentive mechanism  
1. To encourage credit institutions and foreign bank branches in Vietnam 
to prioritize allocating capital sources for financing and giving preferential loans 
to green projects.  
2. Credit institutions, foreign bank branches in Vietnam that grant green 
credit are entitled to the following incentive mechanisms:  
a) Prioritize access to concessional loans from the Government, 
international organizations and development  partners;  
b) Get support from competent state agencies in training and granting 
green credit . 
Article 156. Implementation of green credit  
1. Green credit means a credit granted by a credit institution or foreign 
bank branch in Vietnam for a green project specified in Article 154 of this 
Decree. The Ministry of Natural Resources and Environment shall assume the 
prime responsibility for, and coordinate with concerned ministries and 
ministerial -level agencies in, developing and submitting to the Prime Ministe r 
for promulgation the list of green project classification and certification of green 
projects specified in Clause 2, Article 154 of this Decree before December 31, 
2022.  
2. The State Bank of Vietnam shall guide credit institutions and foreign 199 
 
bank branch es in Vietnam to have preferential and incentive mechanisms for 
lending to green projects in accordance with the law on environmental 
protection and other relevant law s. 
Article 157. Green bonds  
1. Green bonds are bonds issued by the Government, local authorities, 
and enterprises to raise capital for green projects specified in Clauses 2 and 3, 
Article 154 of this Decree.  
2. The issuance of green bonds shall comply with the provisions of the 
law on bond issuance, the Law on Environmental Protection, and  the provisions 
of this Decree.  
3. The proceeds from the issuance of green bonds must be used to 
implement green projects according to the provisions of Clause 2, Article 150 of 
the Law on Environmental Protection.  
4. Pursuant to regulations on green proje cts in Clauses 1 and 2, Article 
154 of this Decree, the Ministry of Planning and Investment shall guide the 
classification of green projects for inclusion in the public investment list when 
formulating medium -term public investment plan, annual public inve stment plan 
as the basis for the Government and local authorities to choose when issuing 
green bonds.  
5. The issuer of green bonds is responsible for providing and disclosing 
information in accordance with the law on bond issuance and providing 
information  as prescribed in Clauses 6 and 7 of this Article and the form 
provided by the Ministry of Finance. promulgated by the Minister of Natural 
Resources and Environment.  
6. Every year until the time of bond maturity, the issuer of green bonds 
shall announce an d provide information on the impact assessment of projects 
using capital from green bonds on the environment as follows:  
a) The information provided includes the decision approving the appraisal 
results of the environmental impact assessment report (if an y), the 
environmental permit (if any); information on assessment results of 
environmental benefits of green bond -funded projects specified in Clause 2, 
Article 150 of the Law on Environmental Protection and Clause 2, Article 154 
of this Decree;  
b) The gree n bond issuer shall disclose information in accordance with 
the law on corporate bond issuance and the contents specified at Point a of this 
Clause;  
c) Owners of investment projects funded by green bonds issued by the 
Government or local authorities are responsible for providing information 
according to the contents specified at Point a of this Clause to the State Treasury 
(for bonds); green bonds issued by the Government), Provincial People's 
Committees (for green bonds issued by local governments) to pu blish 200 
 
information on the websites of the State Treasury, Provincial People's 
Committees.  
7. The regime of information disclosure and reporting on management 
and disbursement of funds mobilized from green bond issuance is as follows:  
a) Bond issuer is an en terprise that reports and discloses information on 
the management and disbursement of capital raised from green bond issuance in 
accordance with the law on bond issuance. corporate bonds;  
b) Annually, the State Treasury and the provincial People's Committe es 
shall publish information on the disbursement situation for green projects using 
capital mobilized from the issuance of green bonds issued by the Government, 
the local authorities, and the Government. shall be published by localities on the 
web portal o f the State Treasury and the provincial -level People's Committees 
using the form specified in Appendix 14 to this Decree.  
8. Green bond issuers and green bond investors are entitled to the 
following preferential policies:  
a) Service price incentives in acc ordance with the law on service prices in 
the securities sector and other support and incentive policies as prescribed by 
law. In case the entity issuing green bonds is an enterprise, in order to enjoy the 
preferential policies specified in this Clause, th e green project must be certified 
according to the provisions of Clause 4, Article 154 of this Decree;  
b) Public investment projects using capital from the issuance of green 
bonds issued by the Government and local authorities are given priority in 
allocat ing sufficient capital according to the project implementation progress in 
the medium -term public investment plan. and annually.  
Article 158. Operating capital of Vietnam Environmental Protection 
Fund  201 
 
1. Equity includes:  
a) The minimum charter capital of t he Fund is 3,000 (three thousand) 
billion VND, provided by the state budget from public investment sources and 
supplemented by the development investment fund;  
b) Development investment fund;  
c) The Fund's operating capital has been granted by a competent authority 
before the effective date of this Decree;  
d) Capital is formed from grants and non -refundable contributions of 
organizations and individuals.  
2. Other capital includes:  
a) Financial contributions of organizations and individuals to support 
activities of product recycling, packaging, or waste treatment activities as 
prescribed by law;  
b) Expenses for compensation for environmental damage paid by 
organizations and individuals to the Fund in accordance with law;  
c) Capital formed from receiving  loans, contributions, and entrustments to 
be returned from organizations and individuals;  
d) Proceeds through the auction of greenhouse gas emission quotas;  
d) Other capital as prescribed by law.  
3. The Ministry of Finance shall guide the financial and ac counting 
management mechanism applicable to the Vietnam Environmental Protection 
Fund.  
Article 159. Operational capital of the provincial environmental 
protection fund  
1. Equity includes:  
a) The minimum charter capital of the Fund is VND 100 billion, which  is 
allocated by the local budget from public investment; the order and procedures 
for granting charter capital according to the provisions of the Law on Public 
Investment and guiding documents. For existing funds with a charter capital of 
less than VND 10 0 billion, there must be a roadmap to increase charter capital 
within 3 years from the effective date of this Decree;  
b) Development investment fund;  
c) The Fund's operating capital has been granted by a competent authority 
before the effective date of thi s Decree;  
d) Capital is formed from grants and non -refundable contributions of 
organizations and individuals.  
2. Other capital includes:  202 
 
a) Expenses for compensation for environmental damage paid by 
organizations and individuals to the Fund in accordance w ith law;  
b) Environmental protection fees for wastewater, emissions, mining 
activities, and other environmental protection fees in the province shall be left to 
the Fund in accordance with law;  
c) Capital formed from receiving loans, contributions, and ent rustments to 
be returned from organizations and individuals;  
d) Other capital as prescribed by law.  
3. The Ministry of Finance shall guide the financial management 
mechanism for provincial -level environmental protection funds.  
 
Chapter  XII 
STATE MANAGEMENT, INSPECTION, EXAMINATION AND ONLINE 
PUBLIC SERVICE PROVISION ON ENVIRONMENTAL 
PROTECTION  
Section 1 
STATE MANAGEMENT OF ENVIRONMENTAL PROTECTION  
Article 160. Responsibilities of ministries and ministerial -level 
agencies in performing the task of state management of environmental 
protection  
Ministries and ministerial -level agencies shall assume the prime 
responsibility for, and coordinate with, the performance of assigned state 
management tasks on environmental protection in accordance with the Law  on 
Environmental Protection and this Decree, specifically as follows:  
1. General responsibilities for state management of environmental 
protection of ministries and ministerial -level agencies:  
a) Assume the prime responsibility for elaborating, promulgati ng 
according to its competence, and organizing the implementation of technical 
regulations and technical instructions on reuse, recycling, and use of waste as 
raw materials and materials for production activities, business and services 
under the management  of the industry or field as prescribed by law; assume the 
prime responsibility for formulating and implementing programs, schemes, and 
projects on environmental protection within the scope of management of 
branches and domains as assigned by competent age ncies; coordinate in 
formulating, guiding and organizing the implementation of legal documents on 
environmental protection, national standards and technical regulations on the 
environment, strategies, master plans, and plans on environmental protection;  
b) Guiding, building capacity, and organizing the implementation of 
prevention and warning of environmental risks and response to environmental 203 
 
incidents; organize the reuse and recycling of wastes, and protect the 
environment for persistent pollutants and r aw materials, fuels, materials, 
products, goods, and equipment containing persistent pollutants under the 
management of the sector or field according to the provisions of law;  
c) Organize inspection of the implementation of legal documents assigned 
to assume the prime responsibility for elaborating and promulgating according 
to the provisions of the Law on Environmental Protection and this Decree in 
inspection activities within the scope of management of the branch or field; 
coordinate in inspecting the  observance of the law on environmental protection 
in accordance with the law;  
d) To give opinions on the contents of environmental impact assessment 
reports, reports on proposals for environmental permits of investment projects, 
and establishments under t he competence to decide on investment policies and 
decisions on investment. their own in accordance with the law;  
dd) Integrate and organize the implementation of circular economy, 
investment and development of natural capital in development strategies, ma ster 
plans, plans, programs, and projects under the management of the sector, the 
field as prescribed by law; integrate requirements on environmental protection in 
strategies, planning and investment activities within the scope of management of 
sectors and  fields;  
e) Organize environmental monitoring in service of industry and field 
management according to the provisions of law; develop or coordinate in 
building an environmental database according to its competence and integrating 
it into the national envir onmental database;  
g) Invest in, build, manage, operate, provide and update environmental 
information and environmental databases under the management of the sector or 
field in accordance with law;  
h) Organize communication and dissemination of knowledge a nd 
propagate the law on environmental protection under the management of the 
sector or field;  
i) Organize the implementation of international integration and 
cooperation on environmental protection, integrate environmental protection 
requirements into inte rnational trade agreements and agreements under the 
management of the sector or field;  
k) Coordinating in formulating and implementing the plan for 
environmental quality management of surface water and air, and the plan for 
treatment, improvement, and rest oration of polluted areas in accordance with 
law; 
l) Other tasks as prescribed by the Law on Environmental Protection and 
this Decree.  
2. Specific responsibilities for state management of environmental 204 
 
protection of a number of ministries and ministerial -level agencies:  
a) The Ministry of Industry and Trade directs the development of the 
environmental industry; coordinate in organizing the implementation of 
requirements on environmental protection in chemical management, export, 
import, production, business , and use of persistent pollutants and raw materials, 
fuels, and materials, products, goods and equipment containing pollutants that 
are difficult to decompose according to the provisions of law;  
b) The Ministry of Construction organizes the formulation, p romulgation 
according to its competence and implementation of standards, technical 
regulations, and technical instructions on the design of solid waste collection 
systems associated with the classification of solid waste at source. of 
construction works wi th the function of apartments or combined with 
apartments, technical infrastructure works for wastewater collection and 
drainage in urban areas and concentrated residential areas as prescribed by law;  
c) The Ministry of Agriculture and Rural Development shall direct and 
organize the management of sludge dredged from canals, ditches and irrigation 
works to meet requirements on environmental protection; guide the collection 
and treatment of livestock waste and agricultural by -products for reuse for other 
purposes; formulate, promulgate or submit to competent authorities for 
promulgation and organize the implementation of mechanisms and policies for 
rural development in association with environmental protection and response to 
climate change;  
d) The Ministry of Transport shall elaborate and promulgate national 
technical regulations on quality, technical safety and environmental protection 
for means of transport in accordance with law; direct and organize the 
implementation of dredging activities in seaport wat ers and inland waterway 
waters in accordance with law; promulgate or submit to competent authorities 
for promulgation and organize the implementation of mechanisms and policies 
on conversion and elimination of fossil fuel -using means of transport, and mean s 
of transport that cause environmental pollution; organize the implementation of 
environmental protection, response to climate change, protection of the ozone 
layer in maritime and aviation activities in accordance with international treaties 
to which Vie tnam is a member and other fields. under its management;  
dd) The Ministry of Health shall guide and organize the implementation 
of the law on waste management and environmental protection within the 
hospital premises and medical facilities; environmental p rotection in disease 
prevention and control; regulations on burial and cremation of people who die 
due to dangerous epidemics; guide and organize the implementation of contents 
of controlling the impact of environmental pollution on human health according 
to the provisions of law; guide, collect information, build a database and report 
on the use of chemicals, insecticidal and germicidal preparations for household 
and medical use in accordance with law;  205 
 
e) The Ministry of Culture, Sports and Tourism shall o rganize the 
implementation of regulations on environmental protection in cultural, sports 
and tourism activities; develop tourist accommodation establishments and eco -
friendly tourism services;  
g) The Ministry of Science and Technology appraises technical 
regulations on the environment, publishes national standards on the environment 
in accordance with the law on technical standards and regulations and the law on 
environmental protection; coordinate in formulating, promulgating, and 
implementing the best av ailable technical guidance in accordance with the law;  
h) The Ministry of Education and Training organizes the integration of 
knowledge about the environment and environmental protection in the 
formulation and implementation of education and training programs at all levels 
and levels of training; develop human resources for environmental protection 
according to the provisions of law; organize the implementation of policies and 
laws on environmental protection in schools, educational and training 
instit utions;  
i) The Ministry of Finance shall formulate, promulgate or submit to 
competent authorities for promulgation regulations on taxes, fees, and subsidies 
on environmental protection, the management and use of environmental 
protection deposits, establish  a domestic carbon market, a financial management 
mechanism for the environmental protection fund, and green procurement in 
accordance with the law; summarize and submit to competent agencies to 
allocate state budget recurrent expenditures for environmenta l protection 
activities in accordance with law; organize the implementation of policies and 
laws on environmental protection in the customs domain;  
k) The Ministry of Planning and Investment summarizes and submits to 
the competent authority to allocate dev elopment investment capital to ensure the 
requirements, objectives, tasks, solutions, and resources for environmental 
protection in the strategies and regulations. plans, plans, programs, schemes, and 
projects for socio -economic development and environment al protection 
according to the provisions of law; formulating, promulgating, or submitting to 
competent authorities for promulgation mechanisms and policies on green 
procurement;  
l) The State Bank shall guide the management of environmental risks in 
credit  extension activities of credit institutions, foreign bank branches in 
Vietnam; guide the mechanism of incentives and incentives for lending capital 
according to the provisions of the law on environmental protection and other 
relevant laws.  
Article 161. Re sponsibility to create conditions for socio -political 
organizations, socio -political -professional organizations, socio -professional 
organizations to participate in environmental protection  
1. State management agencies in charge of environmental protection at all 206 
 
levels are responsible for creating favorable conditions for socio -political 
organizations, socio -political -professional organizations and socio -professional 
organizations to carry out the following activities. the rights specified in Clause 
2, Arti cle 158 of the Law on Environmental Protection.  
2. In addition to the provisions of Clause 1 of this Article, state 
management agencies in charge of environmental protection at all levels shall 
consider and create conditions for socio -political organizatio ns to exercise the 
following rights in environmental protection:  
a) Access to financial resources in the use of environmental non -business 
funds;  
b) Fostering and improving legal knowledge on environmental protection 
for socio -political organizations.  
 
Section  2 
INSPECTION AND EXAMINATION ON ENVIRONMENTAL 
PROTECTION  
Article 162. Specialized inspection activities on environmental 
protection  
1. Specialized environmental protection inspection activities shall comply 
with the provisions of the law on inspect ion and specific regulations in the field 
of environmental protection in Clauses 2 and 3 of this Article.  
2. Regular environmental protection inspection means an organization or 
individual inspecting the observance of the law on environmental protection fo r 
three consecutive years in order to prevent, detect and handle violations of the 
law; help organizations and individuals comply with the law on environmental 
protection.  
Regular inspection activities are organized by the agency assigned to 
perform the sp ecialized inspection function on environmental protection at the 
request of the head of the immediate superior state management agency in 
charge of environmental protection and ensure the following requirements and 
contents:  
a) Subjects of regular inspecti on are organizations and individuals whose 
production, business, and service activities are of the type of production, 
business, or service with the risk of causing environmental pollution at the level 
I, column 3 Appendix 2 to the Appendix issued together  with this Decree, and at 
the same time fall into the case of recidivism or repeated violations in 
accordance with the law on handling of administrative violations;  
b) Regular inspection activities must be planned for a period of 03 
consecutive years or le ss decided by the head of the competent state 
management agency. Regular inspection plans are integrated in the process of 207 
 
formulating and approving environmental protection inspection and testing 
plans; ensure that it does not overlap with inspection and examination activities 
as planned by the Ministry of Natural Resources and Environment and the 
provincial People's Committees;  
c) The establishment, organization, and deployment of regular inspection 
teams shall be carried out in the same way as for planne d inspection activities in 
accordance with the law on inspection.  208 
 
3. Unscheduled inspection of environmental protection shall be carried 
out in accordance with the law on inspection; In case the decision on the 
establishment of the inspection team is not announced in advance as prescribed 
at Point b, Clause 2, Article 160 of the Law on Environmental Protection, the 
following procedures shall be followed:  
a) Failing to announce in advance the decision to establish an inspection 
team when there are grounds t o believe that the prior announcement leads the 
inspected subject to conceal or disperse documents and evidence related to 
illegal acts or acts reduce the operational efficiency of the inspection team or at 
the request of the inspection decision -maker;  
b) After presenting the inspection decision, the head of the inspection 
team is entitled to immediately access the waste generation area, the area with 
the works and equipment for collecting and treating wastewater, exhaust gases, 
and discharge points, and ot her areas within the scope of inspection decisions to 
carry out inspection activities according to their competence;  
c) In case the inspected subject acts uncooperatively or obstructs 
unscheduled inspection activities, the head of the inspection team shall  
coordinate with the People's Police force or the commune -level People's 
Committee to use professional measures. services as prescribed to access the 
scene for inspection activities and make minutes of the incident;  
d) The legal representative of the organ ization or individual is responsible 
for signing the working minutes, the minutes of environmental sampling; In case 
the legal representative is not present, the representative of the inspected 
organization or individual present at the scene shall sign the  minutes. If there is 
no representative of the inspected organization or individual or the 
representative of the inspected organization or individual fails to sign the 
minutes, the representative of the commune -level People's Committee or the 
commune -level  police office is requested to sign the minutes. copy as an 
eyewitness;  
dd) After taking actions to ensure that the inspected subjects do not 
disperse documents and evidence related to illegal acts or reduce the operating 
efficiency of the inspection team,  within a period of no After 03 days, the head 
of the inspection team shall have to organize the announcement of the inspection 
decision, unless the legal representative of the inspected subject is not present at 
the request. The order and procedures for a nnouncing the inspection decision 
shall comply with the law on inspection;  
e) Organizations and individuals have the responsibility to create 
necessary conditions for the inspection team to perform its tasks after presenting 
the inspection decision; depend ing on the severity, to be handled for violations 
when there are acts of obstructing the operation of the irregular inspection team;  
g) Members of the inspection team, relevant civil servants, and public 
employees are not allowed to disclose or provide inf ormation on the process of 209 
 
proposing and issuing unscheduled inspection decisions, formulating and 
approving the plan to conduct an inspection, and preparing to announce the 
inspection decision to the inspected subjects for the case specified in this Claus e. 
Article 163. Examination of the observance of the law on 
environmental protection  
1. Responsibilities and forms of inspecting the observance of the law on 
environmental protection are prescribed as follows:  
a) The competent agency specified in Clause 1,  Article 160 of the Law on 
Environmental Protection shall organize and direct the inspection of the 
observance of the law on environmental protection by organizations and 
households. , individual;  
b) Forms of checking the observance of the law on environme ntal 
protection include periodic inspection or unexpected inspection.  
Periodic inspection activities are carried out according to the plan 
approved by the competent authority.  
Unscheduled inspection by the state management agency in charge of 
environmental  protection shall comply with the provisions of Point a, Clause 3, 
Article 160 of the Law on Environmental Protection. Failing to notify the 
decision to establish an inspection team in advance when there are grounds to 
believe that the prior notification l eads the examiner to disperse documents and 
evidence related to illegal acts, reducing the effectiveness of the operation of the 
inspection team or at the request of the decision -maker.  
The Environmental Crime Prevention and Control Police Force shall 
cond uct unscheduled inspections when there are grounds specified at Point b, 
Clause 3, Article 160 of the Law on Environmental Protection.  
2. Competence to inspect the observance of the law on environmental 
protection is prescribed as follows:  
a) The Minister of Natural Resources and Environment establishes an 
unannounced inspection team according to the provisions of Point a, Clause 3, 
Article 160 of the Law on Environmental Protection;  
b) The head of the agency with the function of inspecting the observance 
of the law on environmental protection under the Ministry of Natural Resources 
and Environment shall set up a team to inspect the observance of the law on 
environmental protection, except for the case specified in point a of this clause;  
c) The head of the agency with the function of inspecting the observance 
of the law on environmental protection under the Ministry of National Defense 
shall establish and organize a delegation to inspect the observance of the law on 
environmental protection for investment pr ojects. , establishments belonging to 
state secrets on national defense;  
d) The head of the agency with the function of inspecting the observance 210 
 
of the law on environmental protection under the Ministry of Public Security 
shall establish and organize a te am to inspect the observance of the law on 
environmental protection for investment projects. , establishments belonging to 
state secrets on security;  
dd) The head of the provincial -level police agency or the environmental 
crime prevention and control polic e unit has the authority to establish and 
organize a team to inspect the observance of the law on environmental 
protection according to the provisions of this Decree. this and the law on police 
to prevent and combat environmental crimes, except for the ins pection cases 
specified at Point d of this Clause;  
e) Presidents of People's Committees of provinces and districts shall 
establish unannounced inspection teams according to the provisions of Point a, 
Clause 3, Article 160 of the Law on Environmental Protec tion; 
g) The head of the agency with the function of inspecting the observance 
of the law on environmental protection of the People's Committee of the 
province or district shall establish a team to inspect the observance of the law on 
environmental protect ion in the locality except for the case specified at Point e 
of this Clause;  
e) The chairperson of the commune -level People's Committee shall 
establish and organize the inspection of the observance of the law on 
environmental protection by households, indi viduals, and subjects under the 
competence to receive environmental registration in the locality.  
3. Competence to approve periodical inspection plans is prescribed as 
follows:  
a) The Minister of Natural Resources and Environment approves the plan to 
inspect the observance of the law on environmental protection of the Ministry of 
Natural Resources and Environment;  
b) The Minister of National Defense approves the plan to inspect the 
observance of the law on environmental protection for investment projects a nd 
facilities classified as state secrets on national defense;  
c) The Minister of Public Security shall approve the plan to inspect the 
observance of the law on environmental protection for investment projects and 
establishments that are classified as stat e secrets on security;  
d) Presidents of the People's Committees of provinces shall approve the plan 
to inspect the observance of the law on environmental protection by agencies with 
the function of inspecting the observance of the law on environmental prot ection 
under the People's Committee of the province;  
dd) The district -level People's Committee chairperson shall approve the plan 
to inspect the observance of the law on environmental protection by agencies with 
the function of inspecting the observance of  the law on environmental protection 
under the district -level People's Committees and commune -level People's 211 
 
Committees.  
4. The plan to inspect the observance of the law on environmental protection 
is integrated into the process of elaborating and approvin g the inspection plan on 
environmental protection; ensure that there is no overlap with the inspection plan, 
between the inspection plan of the Ministry of Natural Resources and Environment 
and the inspection plan of the provincial People's Committee; exce pt for the case of 
unexpected inspection and examination specified in Clause 3, Article 162 of this 
Decree and Point b, Clause 1 of this Article.  
5. The order and procedures for inspecting the observance of the law on 
environmental protection are prescribed as follows:  
a) Ministers, Presidents of People's Committees at all levels specified in 
Clause 1, Article 160 of the Law on Environmental Protection, or heads of 
agencies or competent persons as prescribed by law, issue decisions to inspect 
the o bservance of the law on environmental protection;  
b) The inspection decision must clearly state the following main contents: 
date, month, and year of issuance of the inspection decision; grounds for issuing 
inspection decisions; a form of inspection (speci fy periodic inspection or 
unexpected inspection); full name, individual name, name of the organization, 
representative of household; test site; full name and position of the head and 
members of the inspection team; full name and position of the person issu ing the 
inspection decision; test content; test deadline.  
When deeming that it is necessary to have an assessment of professional 
and technical contents as a basis for conclusions, the head of the inspection team 
shall request the decision -maker to examine  the decision to solicit a functional 
organization to supervise the identification, testing, monitoring, measurement, 
and analysis of environmental samples. The solicitation of expertise must be in 
writing, clearly stating the requirements, contents, imple mentation time, 
assessment agency or organization, or right in the inspection decision specified 
in this Clause. Organizations that assess, verify, observe, measure, and analyze 
environmental samples must take responsibility before law for the accuracy, 
objectivity, and timeliness of their assessment results;  
c) Composition of the inspection team:  
The composition of the inspection team of the Ministry of Natural 
Resources and Environment, the People's Committee of the province, the 
People's Committee of the  district includes: officials, public servants, and public 
employees of the agency that issued the inspection decision; experts in case of 
necessity and other members decided by the person competent to establish the 
inspection team; representatives of the coordinating agency where the inspection 
is carried out, representatives of the police force for prevention and control of 
environmental crimes, representatives of specialized agencies at the same level 
in the sectors and fields related to the content, aga inst subject to inspection, 
except in the case of unexpected inspection or these agencies have written on 212 
 
their refusal to send representatives to participate in the inspection team. 
Specialized agencies at the same level in relevant branches and fields mu st 
appoint representatives to participate in the inspection and inspection teams of 
the observance of the law on environmental protection at the request of 
competent state agencies. In case of failure to appoint officials, within 03 days 
from the date of r eceiving the request, a written reply must be given.  
The inspection team of the commune -level People's Committee includes 
cadres, civil servants, and public employees of the inspection decision -making 
agency, representatives of the superior environmental p rotection agency, and 
other members appointed by the owner. Chairman of the commune -level 
People's Committee to decide.  
The composition of the inspection team of the police force for 
environmental crime prevention and control shall be decided by the head o f the 
agency or the competent person specified at Point dd, Clause 2 of this Article; 
invite representatives of specialized agencies on environmental protection of the 
same level to participate. The environmental protection agency is responsible for 
appoin ting officials to coordinate with the inspection team upon receiving the 
request from the Environmental Crime Prevention and Control Police force to 
deploy the inspection team. If they do not send officials to participate, within 03 
days from the date of r eceipt of the request, they must reply in writing to the 
police force for prevention and combat of environmental crimes. The 
composition of the first working session of the inspection team is decided by the 
head of the inspection team.  
If the members of the inspection team as prescribed in this Clause do not 
participate, they must report in writing to the head of the inspection team;  
d) Inspection contents:  
Inspect the observance of the law on environmental protection at the 
request of the state managemen t of environmental protection; examine activities 
related to signs of criminal activities and violations of laws related to 
environmental crimes; activities related to denunciations, information on crimes, 
petitions for prosecution, or reports or reports o n violations of the law related to 
environmental crimes;  
d) Time limit for inspection:  
The time limit for an inspection of an organization, household, or 
individual shall not exceed 07 days from the date of commencement of the 
inspection at the inspected p lace. In case the case is complicated and the 
inspection scope is wide, the time limit for inspection is 15 days from the date of 
commencement of the inspection. The inspection period does not include the 
time for analysis, assessment, and verification of environmental samples (if 
any).  
The form of decision on the establishment of the inspection team shall be 213 
 
prescribed by the Ministry of Natural Resources and Environment;  
e) The inspection decision must be sent to the inspected subject within 05 
days from the date of issuance, except for unannounced unexpected inspection 
as prescribed at Point a, Clause 3, Article 160 of the Law on Environmental 
Protection, the law on police to prevent and combat environmental crimes and 
other relevant laws. The head of the  inspection team must conduct the inspection 
within 10 days from the date of issuance of the inspection decision;  
g) In case of unannounced unexpected inspection, after presenting the 
inspection decision, the head of the inspection team is entitled to imme diately 
access the waste generation area, the area where the collection and treatment 
facilities and equipment are located. wastewater treatment, emissions and 
discharge points, and other areas within the scope of the inspection decision to 
carry out inspe ction activities according to the authority. Organizations, 
households, and individuals that are subject to inspection must appoint a 
representative to be present immediately to work with the inspection team and 
comply with the requirements of the inspecti on team to ensure that the 
inspection is carried out in accordance with the requirements of the inspection 
team. contents, requirements, order, and procedures are specified in legal 
documents and in inspection decisions.  
In case the inspected subject acts uncooperatively or obstructs the 
unscheduled inspection, the head of the inspection team shall coordinate with 
the People's Public Security force or the commune -level People's Committee in 
using professional measures according to the provisions of law. reg ulations for 
accessing the scene for inspection and making records of the incident.  
The legal representative of the inspected organization, household, or 
individual is responsible for signing the working minutes and the minutes of 
environmental sampling, i n case the legal representative is not present. of 
organizations, households, and individuals present at the scene are responsible 
for signing the minutes. In case there is no representative of the organization, 
household or individual, or the representati ve of the organization, household or 
individual does not sign the minutes, the representative of the commune -level 
People's Committee or the commune -level police department is requested to sign 
the minutes as a witness;  
h) The inspection must be recorded i n writing, signed and stamped by the 
head of the inspection team, the legal representative of the organization as 
prescribed by law, and the representative of the household or individual being 
inspected. clear name;  
i) During the inspection, based on the a ctual situation, the head of the 
inspection team shall propose the head of the agency or the person competent to 
issue the inspection decision to issue it according to his/her competence or 
propose the competent person to organize the inspection. Unschedul ed 
inspection of organizations, households, and individuals shall be inspected 214 
 
according to the provisions of Clause 3, Article 162 of this Decree.  
6. Processing test results:  
a) During the inspection if detecting violations of the law on 
environmental protection by organizations, households, or individuals, the 
competent person on duty shall make a record of administrative violations. and 
transfer to a person competent to handle violations in accordance with the law 
on handling of administrative violati ons; 
b) The inspection results must be notified in writing by the head or the 
person competent to issue the inspection decision and sent to the inspected 
organization, household, individual and relevant agencies and units. Mandarin. 
The maximum time limit for notification of test results is 15 days from the date 
of completion of inspection activities and results of environmental sample 
analysis (if any) for cases not specified at Point a of this Clause or within 15 
days from the date the person competent to  sanction administrative violations 
decides on the handling of violations in accordance with the law on handling of 
administrative violations, for the case specified at Point a of this Clause;  
c) Notification of results of the inspection of the observance of the law on 
environmental protection must be sent to a specialized environmental protection 
agency of the same level, except for the results of the inspection of the 
observance of the law on environmental protection for with projects and 
establishments i n the field of state secrets on national defense and security;  
7. The Minister of National Defense and the Minister of Public Security 
shall stipulate a number of peculiarities in the order and procedures for 
deploying the environmental protection inspecti on team for projects and 
facilities in the field of country's secrets on national defense and security.  
Article 164. Coordination mechanism in examination and inspection 
activities  
1. The inspection, inspection, and sanctioning of administrative violations  
in the field of environmental protection must ensure the principle of non -
overlapping and not affecting the normal production, business, and service 
activities of organizations and individuals according to the provisions of Clause 
4, Article 160 of the La w on Environmental Protection and the provisions of 
Articles 162, Article 163 of this Decree.  
2. The Ministry of Natural Resources and Environment uniformly directs 
and organizes the implementation of environmental protection inspection and 
testing nationw ide, ensuring the coordination mechanism between inspection 
and examination forces through the following contents:  
a) Guiding and orienting the People's Committees of provinces in 
formulating and approving the implementation of plans to inspect and inspect  
the observance of the law on environmental protection; guide the process and 
professional activities in inspection, inspection, and sanctioning of 215 
 
administrative violations in the field of environmental protection, except for 
inspection and inspection act ivities for investment projects and facilities under 
secret. the state on national defense and security;  
b) Coordinate and direct the State management agencies in charge of 
environmental protection at all levels to coordinate with the People's Public 
Secur ity force in detecting, preventing, fighting, and preventing crimes and 
violations of the law on environmental protection. environmental protection; 
provide timely information on signs of crime in the field of environmental 
protection of individuals and or ganizations to the People's Public Security force 
in accordance with law;  
c) Take charge of handling overlapping cases in inspection and handling 
activities and handle violations of the law in the field of environmental 
protection; summarize and direct the  publicity of results of handling of 
violations of the law in the field of environmental protection according to the 
provisions of law;  
d) Direct the agency assigned the inspection function, the agency with the 
function of inspecting the observance of the law on environmental protection, to 
appoint a representative to participate in the inspection team when receiving the 
request of the police force. environmental crime prevention and combat on the 
deployment of the inspection team; in case of not appointing  officials, within 03 
days from the date of receiving the request, there must be a written reply;  
dd) Perform other coordination responsibilities as prescribed at Point d 
Clause 2 Article 160 of the Law on Environmental Protection.  
3. The Ministry of Publi c Security is responsible for ensuring the 
coordination mechanism between the police force for prevention and combat of 
environmental crimes and the forces that inspect and inspect the observance of 
the law on environmental protection by state agencies. Co mpetent country 
approves the following contents:  
a) Direct the Environmental Crime Prevention and Control Police force to 
inspect the observance of the law on environmental protection by organizations 
and individuals as prescribed at Point b, Clause 3, Art icle 160 of the Law on 
Environmental Protection. environment; do not inspect objects under the annual 
inspection and examination plan approved by the Ministry of Natural Resources 
and Environment, the People's Committees of provinces and districts, unless 
detecting signs of criminal activities related to protection. environment, or 
comply with the legal provisions on criminal proceedings or immediately stop 
the ongoing violations of the law causing environmental pollution; coordinate 
with other functional a gencies in inspecting the observance of the law on 
environmental protection as prescribed in this Decree;  
b) Provide and direct the Environmental Crime Prevention and Control 
Police force to provide information on violations of the law on environmental 
protection by subjects in the agency's annual inspection and inspection plan. 216 
 
State management agencies in charge of environmental protection;  
c) In the course of carrying out an inspection on environmental protection 
according to its competence, the police f orce for prevention and combat of 
environmental crimes must notify in writing the specialized environmental 
protection agency of the same level. to coordinate;  
d) Before December 20 of each year, the Environmental Crime Prevention 
and Control Police force shall send a document summarizing the results of 
inspection and handling of violations of the law on environmental protection to 
the state management agency on environmental protection at the same level to 
summarize and monitor.  
4. People's Committees at a ll levels are responsible for:  
a) Direct the environmental protection agency to provide timely 
information on signs of criminal activities in the field of environmental 
protection of individuals and organizations to the Crime Prevention and Control 
Police force on environmental protection; coordinate with the police force for 
environmental crime prevention and control in inspecting the observance of the 
law on environmental protection according to the provisions of this Decree;  
b) Direct the agency assigned  the inspection function, the agency with the 
function of inspecting the observance of the law on environmental protection, to 
appoint a representative to participate in the inspection team when receiving the 
request of the police force. environmental crim e prevention and combat on the 
deployment of the inspection team; in case of not appointing officials, within 03 
days from the date of receiving the request, there must be a written reply;  
c) Before December 20 of each year, the agency assigned the inspection 
function, the agency with the function of inspecting the observance of the law on 
environmental protection at all levels shall send a report summarizing the 
inspection and handling results. violations of the law on environmental 
protection to th e superior state management agency in charge of environmental 
protection for synthesis and monitoring.  
 
Section  3 
PROVIDING ONLINE PUBLIC SERVICES ON THE ENVIRONMENT 
OF CHILDREN  
Article 165. Principles of providing online public services on 
environment  217 
 
1. State agencies are responsible for developing, providing and 
performing online public services on the environment according to the 
provisions of this Decree and plans and roadmaps of competent state agencies, 
ensuring that the connection, interconnection a nd integration between the 
National Single Window Portal and the National Public Service Portal. 
Encourage organizations and individuals to perform public environmental 
services online.  
2. Environmental online public services related to export, import and 
transit goods comply with regulations on administrative procedures under the 
national single window, ASEAN single window, and inspection. Specialized in 
export and import goods and other online public services must comply with 
regulations on performing adm inistrative procedures in the electronic 
environment.  
3. In case the result of administrative procedure settlement is returned in 
paper form, the administrative procedure -settling agency must digitize the 
results to store in the electronic one -stop informa tion system according to 
regulations and communicate with them. Public service portal of superior 
agencies. In case of returning results of administrative procedure settlement in 
electronic form, if organizations or individuals request to return results in  paper 
form, the administrative procedure -settling agency shall convert the results into 
paper documents. according to the Government's regulations on carrying out 
administrative procedures in the electronic environment.  
Article 166. Responsibility to provide online public services on the 
environment  
1. The Ministry of Natural Resources and Environment shall organize the 
formulation and provision of online public services for environmental 
administrative procedures at the central level and administrativ e procedures to 
be implemented according to the centralized provision of solutions according to 
regulations. decisions of the Prime Minister; coordinate with the Ministry of 
Finance and the Government Office to establish requirements and implement 
connecti on and communication.  
2. Provincial -level People's Committees shall organize the development 
and provision of online public services for environmental administrative 
procedures in their localities, except for administrative procedures that are 
carried out according to centralized solutions specified in Clause 1 of this 
Article, ensuring the synchronization, connection, and connection with the 
online public service provision system on the environment of the Ministry of 
Natural Resources and Environment.  
Chapter XIII 
IMPLEMENTATION PROVI SIONS  
Article 167. Amendment, supplementation and annulment of a 
number of legal documents related to environmental protection  218 
 
1. Amending and supplementing a number of articles of the Government's 
Decree No. 201/2013/ND -CP dated November 27, 2013, detailing the 
implementation of a number of articles of the Law on Water Resources as 
follows:  
a) To amend and supplement Clause 8, Article 2 as follows:  
"8. The cost of organizing the opinion collection shall be paid by the 
invest ment project owner. The collection of opinions from representatives of the 
residential community, organizations, and individuals involved in the discharge 
of wastewater into water sources that have great impacts on production and 
people's lives in the loca lity shall comply with the provisions on consultation in 
environmental impact assessment in the Law on Environmental Protection and 
this Decree”;  
b) To amend and supplement Article 15 as follows:  
“Article 15. Water resource permit  
1. Water resource permits  include: License to explore underground water; 
license to exploit and use surface water; permits for exploitation and use of 
underground water; license to exploit and use seawater.  
2. A water resource permit has the following main contents:  
a) Name and ad dress of the licensed organization or individual;  
b) Name and location of water exploration and exploitation works;  
c) Exploration and exploitation of water sources;  
d) Scale, capacity, flow, key parameters of water exploration and 
exploitation works; the purpose of use for the license to exploit and use water;  
dd) Modes and methods of water exploitation and use;  
e) The term of the license;  
g) Specific requirements and conditions for each case of exploration, 
exploitation, and use of water resources shall be prescribed by the environmental 
licensing agency for the purpose of protecting water sources and ensuring rights 
and interests. lawful provisions of other relevant organizations and individuals;  
h) Rights and obligations of the license holder.”;  
c) Amen ding and supplementing Clause 2, Article 20:  
"2. Having a project or report consistent with the approved master plan on 
water resources or with the capacity of water sources if there is no master plan 
on water resources. Schemes and reports must be made by  organizations or 
individuals that fully meet the capacity conditions as prescribed by the Ministry 
of Natural Resources and Environment; Information and data used to make 
plans and reports must be complete, clear, accurate, and truthful.  
The design plan o f the work or work exploiting water resources must be 219 
 
suitable to the scale and subject of exploitation and meet the requirements for 
the protection of water resources.”;  
d) Amending and supplementing Clause 4, Article 23:  
“4. The contents of the license a re not modified:  
a) Water sources for exploitation and use;  
b) The amount of water exploited or used exceeds 25% specified in the 
issued permit;  
In case it is necessary to adjust the contents specified in this Clause, the 
permit holder must compile a dossi er of application for a new license.”;  
d) Replace the phrase in the following articles, clauses, and points:  
Replace the phrase "exploitation and use of water resources, discharge of 
wastewater into water sources" with the phrase "exploitation and use of w ater 
resources" in Article 1, Article name and point e, Clause 3, Article 2, Clause 1. 
Article 3, Article 16, Clause 4 Article 18, Point d Clause 1 Article 19, Article 
22, Point b Clause 2 Article 24, Point b Clause 1 Article 27, Article 35, Article 
36, Cl ause 4 Article 44, Clause 4 Article 45 .  
Replace the phrase "exploitation and use of inter -provincial water sources, 
discharge of wastewater into inter -provincial water sources" with the phrase 
"exploitation and use of inter -provincial water sources" at Po int b, Clause 4, 
Article 2.  
Replace the phrase "water extraction and use, discharge of wastewater" 
with the phrase "water exploitation and use" at Point dd, Clause 1, Article 19;  
e) To annul the articles, clauses and points: Point d Clause 1 Article 2; 
Point b, Clause 1, Article 3; Clause 3 Article 16; Clause 2 Article 19; Clause 3, 
Article 20; Point d Clause 1 Article 21; Clause 3 Article 23; Points g and h, 
Clause 1, Article 28; Article 33;  
g) To abolish regulations on the order and procedures for grantin g, 
renewing, and adjusting wastewater discharge permits into water sources in 
Articles 35 and 36.  
2. Amending and supplementing a number of articles of Decree No. 
67/2018/ND -CP dated May 14, 2018, of the Government detailing a number of 
articles of the Law  on Irrigation as follows:  
a) To amend and supplement Point a, Clause 1, Article 16 as follows:  
“a) The Ministry of Agriculture and Rural Development shall grant, re -
grant, extend, adjust, suspend or revoke permits for the activities specified in 
Clauses 1 , 2, 3, 6, and 6. 9, Clause 10, Article 13 of this Decree within the scope 
of protection of works managed by the Ministry;”;  
b) To amend and supplement Clause 2, Article 18 as follows:  220 
 
"2. The licensing agency decides to change the term of the permit in ca se 
the irrigation works are at risk of unsafety; operating within the protection scope 
of the works affecting the operation of the works.”;  
c) To amend and supplement Clauses 3 and 4, Article 19 as follows:  
“3. Scope of application for a license for operat ion. 
4. Scale, capacity, and key parameters of the activities to be licensed.”;  
d) To amend and supplement Clause 2, Article 28 as follows:  
"2. Additional construction design drawings or additional investment 
projects, for the case of a request for adjustment of permit contents specified in 
Clauses 1, 2, 3, 6 and 10, Article 13 of this Decree; ";  
dd) To amend and supplement Clause 3, Article 29 as follows:  
“3. Time limit for grant of license to extend and adjust content:  
a) For activities specified i n Clauses 1, 2, 3, and 10, Article 13 of this 
Decree:  
Within 15 days from the date of receipt of a complete and valid dossier, 
the licensing agency shall organize the appraisal of the dossier and, if conditions 
are satisfied, grant a permit for extension o r modification of contents; if the 
conditions are not met, the reason for not granting the license shall be notified.”;  
e) The following articles, clauses and points are annulled: Clause 5, 
Article 3; Clause 4 Article 13; Clause 2 Article 15; Point c, Clau se 1, Article 20; 
Point b, Clause 2, Article 21; Article 23; Clause 2, Article 37.  221 
 
3. Amending and supplementing a number of articles of the Government's 
Decree No. 23/2020/ND -CP dated February 24, 2020 stipulating the 
management of sand and gravel in rive r beds and protection of riverbeds, banks 
and banks, such as: after:  
a) To amend Point a, Clause 2, Article 21 as follows:  
“a) The Ministry of Natural Resources and Environment approves the 
implementation plan for projects falling under the competence of a ppraisal and 
approval of environmental impact assessment reports of the Ministry of Natural 
Resources and Environment”;  
b) To annul Clause 5, Article 33.  
4. To annul Decision 16/2015/QD -TTg dated May 22, 2015 of the Prime 
Minister on regulations on recall and treatment of discarded products.  
5. Annul the Government's Decree No. 03/2015/ND -CP dated January 6, 
2015 on determining damage to the environment.  
6. To annul the Government's Decree No. 18/2015/ND -CP dated February 
14, 2015 on environmental protectio n planning, strategic environmental 
assessment, environmental impact assessment and conservation plan. 
environmental protection.  
7. Annul the Government's Decree No. 19/2015/ND -CP dated February 
14, 2015 detailing the implementation of a number of articles  of the Law on 
Environmental Protection.  
8. Annul the Government's Decree No. 38/2015/ND -CP dated April 24, 
2015 on waste and scrap management.  
9. Annulling the Government's Decree No. 127/2014/ND -CP dated 
December 31, 2014 stipulating conditions for organ izations operating in 
environmental monitoring services.  
10. Annul the Government's Decree No. 40/2019/ND -CP dated May 13, 
2019 amending and supplementing a number of articles of the decrees detailing 
and guiding the implementation of the Law on Environmen tal Protection.  
11. Annul the Government's Decree No. 54/2021/ND -CP dated May 21, 
2021 on preliminary environmental impact assessment.  
12. To annul, amend and supplement a number of articles of the 
Government's Decree No. 82/2019/ND -CP dated November 12, 2 019 on import 
and demolition of used ships as follows:  
a) Amend Clause 2, Article 7 as follows: “Meet the conditions for 
environmental protection and obtain an environmental permit from the Ministry 
of Natural Resources and Environment”;  
b) Clause 1 is ann ulled; Point a, Clause 2, Article 16.  222 
 
13. To annul Article 4, Article 24 and Clause 3, Article 45 of Decree No. 
80/2014/ND -CP dated August 6, 2014 of the Government providing for water 
drainage and wastewater treatment.  
14. Amendment and annulment of a number of articles of Decree No. 
134/2016/ND -CP dated September 1, 2016 of the Government detailing a 
number of articles and measures to implement the Law on Export Tax and Tax 
Import the following:  
a) To amend Clause 3, Article 25 as follows:  
"3. Bases fo r determining imported goods on the list of machinery, 
equipment, vehicles, tools and specialized supplies imported for collection, 
transportation and treatment of wastewater, garbage and emissions. , 
environmental monitoring and analysis, renewable energy  production; 
environmental pollution treatment, response and handling of environmental 
incidents; export products produced from recycling and waste treatment 
activities comply with the provisions of the law on environmental protection.”;  
b) To annul Clause  6, Article 40.  
Article 168. Transitional provisions  
1. Dossier of application for the grant, extension, or modification of a 
permit to discharge wastewater into water sources received before the effective 
date of this Decree shall continue to be processed  according to the provisions of 
Decree No. 201/ 2013/ND -CP dated November 27, 2013, of the Government 
detailing the implementation of a number of articles of the Law on Water 
Resources, except for organizations and individuals that have submitted dossiers 
requesting to comply with the provisions of this Decree.  
2. Dos 67/2018/ND -CP dated May 14, 2018, of the Government detailing 
a number of articles of the Law on Irrigation, except for organizations and 
individuals that have submitted dossiers requesting to  comply with the 
provisions of Decree No. this determination.  
3. Dossier of application for issuance, re -issuance and adjustment of 
certification of completion of environmental protection work, license to treat 
hazardous wastes, certificate of satisfaction  of conditions for environmental 
protection in import of scrap As production materials that have been received 
before the effective date of this Decree but have not yet returned the results, 
competent agencies shall consider and grant environmental permits  to 
organizations and individuals according to the form set by the Ministry of 
Natural Resources and Environment. and Environment issued in case the 
investment project or establishment meets the requirements for environmental 
protection as prescribed unles s the application is returned due to failure to meet 
the requirements.  
4. Dossier of application for the grant, extension, or modification of the 
certificate of eligibility for environmental monitoring services received before 223 
 
the effective date of this Decree shall continue to be processed according to 
regulations. of Decree No. 127/2014/ND -CP dated December 31, 2014, of the 
Government, stipulating conditions for organizations providing environmental 
monitoring services, except for cases where organizati ons and individuals have 
submitted dossiers with requirements. required to comply with the provisions of 
this Decree.  
5. Dossier of request for appraisal of strategic environmental assessment 
report; appraise and approve environmental impact assessment rep orts, plans for 
environmental improvement and restoration in mineral mining activities; 
environmental approvals; registration of an environmental protection plan that 
has been received by a competent state agency before the effective date of this 
Decree ma y continue to be considered and handled in accordance with law at the 
time of receipt, except if the organization or individual that has submitted the 
application file has a request, it shall comply with the provisions of this Decree.  
6. The environmental impact assessment report has been appraised and 
approved by a competent state agency, provided that it must be amended and 
supplemented before the effective date of this Decree, and within 12 months 
from the date of entry into force of this Decree. From th e date of notification of 
appraisal results, failure to resubmit the application for approval must comply 
with the provisions of Article 34 of the Law on Environmental Protection.  
7. Group I investment projects specified in Appendix 3 to the Appendix to 
this Decree that has been appraised by a competent authority before the date of 
this Decree. If the environmental impact assessment report is in effect, with the 
result that the environmental impact assessment report has been approved 
without modification or  amendment or has been approved within 24 months 
before the effective date of this Decree, the assessment is not required. 
preliminary assessment of environmental impact.  
8. The Ministry of Natural Resources and Environment, the People's 
Committee of the p rovince shall monitor and supervise the discharge of 
wastewater by organizations and individuals, and the observance of the License 
to discharge wastewater into water sources, which was issued before the date of 
this Decree. This provision is in effect unt il the expiration of the license term.  
The Ministry of Natural Resources and Environment shall monitor and 
supervise wastewater discharge activities of organizations and individuals, and 
the observance of permits for the discharge of wastewater into irriga tion works 
with a wastewater volume of 3,000 m3/day or more. until the expiration of the 
license term; Provincial -level People's Committees shall monitor and supervise 
wastewater discharge activities of organizations and individuals, compliance 
with permit s for the discharge of wastewater into irrigation works with a flow 
rate of less than 3,000 m3/day and night until the expiration of the time limit. 
license term.  
Organizations and individuals are responsible for sending annual reports 224 
 
on the discharge of wastewater into water sources according to the provisions of 
the License to discharge wastewater into water sources, the License to discharge 
wastewater into irrigation works to the Ministry of Industry and Trade. Natural 
Resources and Environment and Depa rtment of Natural Resources and 
Environment.  
Within 90 days from the effective date of this Decree, the agency 
managing the Permit to discharge wastewater into irrigation works is responsible 
for handing over the Permit to discharge wastewater into the irr igation work to 
the relevant authority. has the authority to monitor and supervise wastewater 
discharge activities of organizations and individuals according to the provisions 
of this Decree.  
9. In case a competent state agency promulgates regulations related to 
environmental zoning, the load capacity of the environment where the waste 
source is received, the zoning of the discharge, the discharge quota, and the 
technical regulations. environmental regulations and other relevant laws, 
investment project  owners and production facilities shall continue to implement 
the contents of the granted environmental permits. The grant, adjustment, and 
re-grant of environmental permits of investment projects and establishments 
shall comply with the roadmap prescribed  by competent state agencies when 
promulgating the above -said regulations.  
10. If one of the environmental permits for a component of an 
establishment, concentrated production, business or service area, or industrial 
cluster expires, the owner of the facil ity, concentrated production, business, or 
service zone expires, the industrial cluster shall make an application for an 
environmental permit according to the provisions of this Decree.  
11. In case traditional craft villages and craft villages have been 
recognized by the People's Committees of provinces but have not yet met the 
requirements specified in Clause 1, Article 56 of the Law on Environmental 
Protection, within 36 months from the date on which they are registered. This 
Decree takes effect, the Peop le's Committee of the province is responsible for 
revoking the accreditation according to the provisions of Decree No. 
52/2018/ND -CP dated April 12, 2018 of the Government on industry 
development. rural occupation.  
12. Investment projects that have been co nstructed but not yet put into 
operation (trial operation in case there is a waste treatment facility must be 
tested or officially operated in case there is no waste treatment facility). waste 
management must be operated on trial) and operating establishme nts without a 
decision approving the appraisal results of environmental impact assessment 
reports or environmental permits in accordance with the law on environmental 
protection. schools, they shall be sanctioned according to the Government's 
regulations o n sanctioning of administrative violations in the field of 
environmental protection. In case the investment project or facility conforms to 
the planning, environmental zoning, and the environment's load -bearing 225 
 
capacity, the investment project owner and es tablishment must do the following:  
a) For an investment project under construction with environmental 
criteria equivalent to those subject to an environmental impact assessment report 
but not in the case specified at Point b of this Clause, the project own er shall: 
The investor must make an environmental impact assessment report for the 
investment project to review, renovate, upgrade and supplement works and 
measures for environmental protection and submit it to competent state agencies 
for approval. apprai se according to regulations within the time limit for 
remediating violations according to decisions on sanctioning of administrative 
violations of competent persons;  
b) For investment projects that have not yet been put into operation with 
environmental cr iteria equivalent to those subject to an environmental impact 
assessment report and subject to an environmental permit, the owner of the 
investment project, must make environmental impact assessment reports for 
investment projects to review, renovate, upgr ade and supplement works and 
measures for environmental protection and submit them to competent state 
agencies for approval of appraisal results. according to regulations, within the 
time limit to remedy the consequences of violations according to the deci sion on 
sanctioning of administrative violations of the competent person and comply 
with the provisions of the law on environmental protection for that investment 
project;  
c) For an operating establishment that has environmental criteria 
equivalent to thos e subject to an environmental permit and must make an 
environmental impact assessment report but does not have one of these records, 
the establishment owner shall: must compile a dossier of application for an 
environmental permit for an investment project to review, renovate, upgrade and 
supplement works and measures for environmental protection and submit it to a 
competent state agency for environmental licensing. within the time limit for 
remedying the consequences of violations according to the competent  person's 
decision on sanctioning of administrative violations as in the case specified in 
Clause 2, Article 28 of this Decree;  
d) For an operating establishment that has environmental criteria 
equivalent to those subject to an environmental permit and is not required to 
make an environmental impact assessment report but does not have an 
environmental permit, the establishment owner must compile dossiers of 
application for environmental permits for establishments and submit them to 
competent state agencies for environmental permits within the time limit for 
remediating violations according to decisions on sanctioning of administrative 
violations of competent persons as follows: for the case specified in Clause 3, 
Article 28 of this Decree, except for the cas e specified at Point d, Clause 2, 
Article 42 of the Law on Environmental Protection.  
13. Investment projects that have been constructed but have not been put 
into operation or are operating facilities without certification of registration of 226 
 
environmental protection plans or equivalent environmental documents as 
prescribed of the Law on Environmental Protection 2014, the following shall be 
implemented:  
a) For investment projects, establishments with environmental criteria 
equivalent to those subject to envi ronmental permits, shall be sanctioned 
according to the Government's regulations on sanctioning administrative 
violations in the field of environmental protection. environmental protection. In 
case the investment project or facility conforms to the plannin g, environmental 
zoning, and the environment's load -carrying capacity, the investment project 
owner and establishment must compile a dossier of application for an 
environmental permit for the project in reviewing, renovating, upgrading, and 
supplementing e nvironmental protection works and measures and submit them 
to competent state agencies for environmental licensing within the time limit for 
remediating violations according to sanctioning decisions. administrative 
violations by competent persons as in the  case specified in Clause 2, Article 27 
of this Decree;  
b) For an investment project, the establishment has environmental criteria 
equivalent to those subject to environmental registration, the owner of the 
investment project, the establishment must carry out the environmental 
registration as prescribed in Clause 6 of this Article 48.  
14. Concentrated production, business and service zones, industrial 
clusters in combination with the common use of environmental protection 
technical infrastructure before the  effective date of this Decree may continue to 
transfer and receive water. waste for treatment.  
15. Planning submitted to competent agencies for appraisal and strategies 
submitted to competent agencies for approval before the effective date of this 
Decree may continue to be appraised and approved in accordance with the law 
at the time of submission for planning appraisal and approval of the strategy.  
16. Organizations and individuals that directly import scrap for use as raw 
production materials have been g ranted an environmental permit, and the 
component is a certificate of eligibility for environmental protection in the 
import of scrap for use as raw production materials. extended according to 
Resolution No. 129/NQ -CP dated September 11, 2020, of the Gover nment on 
the regular Government meeting in August 2020, can continue to extend the 
component environmental license until the end of December 31. in 2022. After 
this time, organizations and individuals must obtain an environmental permit in 
accordance with the provisions of this Decree.  
17. Organizations and individuals that have been issued with an 
environmental permit, the component of which is a hazardous waste treatment 
license has been extended according to the Government's Resolution No. 
129/NQ -CP date d September 11, 2020, on the Session The regular government 
in August 2020 may continue to extend the component environmental permit 227 
 
until the end of December 31, 2022. After this time, organizations and 
individuals must obtain an environmental permit in a ccordance with Decree No. 
this determination.  
Article 169. Effect  
1. This Decree takes effect from January 1, 2022.  
2. The ministers, the heads of the ministerial -level agencies, the heads of 
the agencies attached to the Government, the presidents of the P eople's 
Committees of the provinces and centrally -run cities, and relevant organizations 
and individuals are responsible for the implementation of this Decree.  
 
Nơi nh ận:                                                                          
- Ban Bí thư  Trung ương Đ ảng; 
- Thủ tướng, các Phó Th ủ tướng Chính ph ủ;   
- Các B ộ, cơ quan ngang b ộ, cơ quan thu ộc Chính ph ủ; 
- HĐND, UBND các t ỉnh, thành ph ố trực thu ộc trung ương;  
- Văn phòng Trung ương và các Ban c ủa Đảng; 
- Văn phòng T ổng Bí thư;  
- Văn phòng Ch ủ tịch nư ớc;                                                                     
- Hội đồng Dân t ộc và các Ủy ban c ủa Qu ốc hội;                                    
- Văn phòng Qu ốc hội;                                                                       
- Tòa án nhân dân t ối cao;                                                                   
- Viện kiểm sát nhân dân t ối cao;  
- Kiểm toán nhà nư ớc; 
- Ủy ban Giám sát tài chính Qu ốc gia;  
- Ngân hàng Chính sách xã h ội; 
- Ngân hàng Phát tri ển Việt Nam;  
- Ủy ban  trung ương M ặt trận Tổ quốc Việt Nam;  
- Cơ quan trung ương c ủa các đoàn th ể; 
- VPCP: BTCN, các PCN, Tr ợ lý TTg, TGĐ C ổng TTĐT,   
  các V ụ, Cục, đơn v ị trực thu ộc, Công báo;  
- Lưu: VT, NN (2).  TM. CHÍNH PH Ủ 
KT. TH Ủ TƯỚNG 
PHÓ TH Ủ TƯỚNG 
 
 
 
 
 
Lê Văn Thành  
 APPENDIX  
(Issued together with the Government's Decree No. 2021/ND -CP dated May 
2021 detailing a number of articles of the Law on Environmental Protection)  
 
TT List of Appendix  
1 Appendix 1. List of national and regional development strategies for sectors 
and fields, national sectoral master plans, and master plans of technical and 
specialized nature requiring strategic environmental assessment.  
2 Appendix 2. List of types of production, business and services tha t are at risk 
of causing environmental pollution  
3 Appendix 3. List of Group I investment projects with high risk of adverse 
impacts on the environment specified in Clause 3, Article 28 of the Law on 
Environmental Protection  
4 Appendix 4. List of Group II investment projects that are likely to have 
adverse impacts on the environment specified in Clause 4, Article 28 of the 
Law on Environmental Protection, except for projects specified in Appendix 
3 to the Appendix enclosed herewith. according to this Dec ree 
5 Appendix 5. List of Group III investment projects with little risk of adverse 
impacts on the environment specified in Clause 5, Article 28 of the Law on 
Environmental Protection, except for projects specified in Appendix 3 and 
Appendix 4  issued together with this Decree  
6 Appendix 6. List of investment projects, production, business and service 
establishments exempt from environmental registration  
7 Appendix 7. List of persistent organic pollutants that are exempt from 
registration under the provisions of the Stockholm Convention  
8 Appendix 8. List of products, packaging must be recycled and recycling 
specifications  
9 Appendix 9. List of products, packaging and contribution levels to support 
waste treatment  
10 Appendix 10. Projects, establishments, concentrated production, business and 
service zones and industrial clusters that discharge wastewater into the 
environment must carry out automatic, continuous, and periodical 
monitoring.  
11 Appendix 11. Projects and establishments of the type of production, business 
or service that are at risk of causing environmental pollution and discharge 
industrial dust and gas into the environment must perform automatic, 
continuous and observational monitoring. periodical test  
12 Appendix 12. List of  environmental protection activities eligible for 
incentives and support  229 
 
13 Appendix 13. List of technology groups, equipment and products of the 
environmental industry  230 
 
Appendix 1  
 List of national and regional development strategies for sectors and fields, 
national sectoral master plans, and master plans of technical and 
specialized nature requiring strategic environmental assessment.  
 
STT  Object  
I National and regional development strategies for sectors and fields  
1 Industrial development strategy  
2 Transport development strategy  
3 Mineral Strategy  
4 Irrigation strategy  
5 Fisheries development strategy  
6 Livestock development strategy  
7 Strategy for agricultural and rural development  
8 Energy development strategy  
9 Building materials development strategy  
II Planning  
1 National sector planning  
1.1 Road network planning  
1.2 Railway network planning  
1.3 Master plan on development of seaport system  
1.4 The master plan for the development of the airport and airport system 
nationwide  
1.5 Inland waterway infrastructure planning  
1.6 Energy master plan  
1.7 Electricity development planning  
1.8 Planning of infrastructure for storage and supply of petroleum and gas 
1.9 Urban and rural system planning  
1.10 Water resource planning  231 
 
1.11 Planning for exploration, extraction, processing and use of radioactive 
ores 
1.12 Planning for exploration, exploitation, processing and use of minerals  
1.13 Planning for exploration, exploitation, processing and use of minerals as 
building materials  
2 Planning of technical and specialized nature  
2.1 General planning of inter -provincial river basins and inter -provincial 
water sources  
2.2 National master plan on protection, exploitation and use of water 
resources  
2.3 Irrigation planning  
2.4 Dike planning  
2.5 Nuclear power development planning  Appendix 2  
List of types of production, business and services that are at risk of causing environmental pollution Zz 
 
TT Types of production, business and 
services that are likely to cause 
environmental pollution  Wattage  
High  Medium  Small  
(1) (2) (3) (4) (5) 
I Level I     
1 Enrichment and processing of toxic 
minerals and metallic minerals; mineral 
processing using harmful chemicals;  
 
Manufacture of glass (except for gas fuel, 
DO oil).  From 200,000 tons 
(ore, waste rock)/year or 
more  
 
 
From 200,000 tons of 
products/year or more  Less than 200,000 
tons (ore, waste 
rock)/year  
 
 
Below 5,000 to less 
than 200,000 tons of 
products/year  None 
 
 
 
Less than 5,000 tons 
of products/year  
2 Production of cast iron, steel, metallurgy 
(except rolling, drawing, casting from raw 
materials)  From 300,000 tons of 
products/year or more  Less than 300,000 tons 
of products/year  None 
3 Paper and pulp production  From 50,000 tons of 
products/year or more  From 5,000 to less than 
50,000 tons of 
products/year  Less than 5,000 tons 
of products/year  
4 Production of basic inorganic chemicals 
(except for industrial gases), chemical 
fertilizers (except for mixing, extraction From 5,000 tons of 
products/year or more  From 1,000 to less than 
5,000 tons of 
products/year  Less than 1,000 tons 
of products/ year 233 
 
and packaging), plant protection chemicals 
(except for mixing and extraction)  
5 Manufacture of fabrics, yarns, textiles 
(with dyeing, washing, grinding or 
cooking)  From 50,000,000 m2/year 
or more  From 5,000,000 to less 
than 50,000,000 
m2/year  Under 5,000,000 
m2/year  
6 Leather production, tanning  From 10,000 tons of 
products/year or more  From 1,000 to less than 
10,000 tons of 
products/year  Less than 1,000 tons 
of products/year  
7 
 Exploiting crude oil, natural gas  All None  None  
Oil refinery  From 1,000,000 tons of 
products/year or more  Under 1,000,000 tons of 
products/year  None  
8 
 Thermal power (except using gas, DO oil)  From 600 MW or more  Less than 600 MW  None  
Coke production  From 100,000 tons of 
products/year or more  Less than 100,000 tons 
of products/year  None  
Coal gasification  From 50,000 m3 of 
gas/hour or more  Less than 50,000 m3 of 
gas/hour  None  
II Level  II    
9  Recycling, treating domestic solid waste, 
ordinary industrial solid waste  From 500 tons/day or 
more  Under 500 tons/day  None  
Hazardous waste recycling and treatment; Tất cả  None  None  234 
 
demolition of used ships; using imported 
scrap as raw materials for production  
10 Plating has a process of cleaning metal 
surfaces with chemicals  From 10,000 tons of 
products/year or more  From 1,000 to less than 
10,000 tons of 
products/year  Less than 1,000 tons 
of products/year  
11 Manufacture of batteries and accumulators  From 600 tons of products 
(200,000 KWh)/year or 
more  Less than 600 tons of 
product (200,000 
KWh)/year  None  
12 Cement Production  From 1,200,000 tons/year 
or more  Less than 1,200,000 
tons/year  None  
III Level III    
13 Latex processing  From 15,000 tons/year or 
more  From 6,000 to less than 
15,000 tons/year  Less than 6,000 
tons/year  
14 Production of tapioca starch, monosodium 
glutamate  From 10,000 tons of 
products/year or more  From 500 to less than 
10,000 tons of 
products/year  From 5 to less than 
500 tons of 
products/year  
Producing beer, carbonated soft drinks  From 30 million liters of 
product/year or more  From 01 million to less 
than 30 million liters of 
products/year  From 50,000 liters to 
less than 1 million 
liters of products/year  
Industrial alcohol production  From 2 million liters of 
product/year or more  From 0.5 million liters 
of product/year  Less than 0.5 million 
liters of product/year  235 
 
15 Sugar production from sugar cane  From 10,000 tons of 
products/year or more  From 500 to less than 
10,000 tons of 
products/year  From 5 to less than 
500 tons of 
products/year  
16 Processing aquatic products and seafood  From 20,000 tons of 
products/year or more  From 1,000 to less than 
20,000 tons of 
products/year  From 100 to less than 
1,000 tons of 
products/year  
Slaughter of livestock and poultry on an 
industrial scale  From 1,000 cattle/day or 
from 10,000 poultry/day 
or more  From 100 to less than 
1,000 cattle/day or from 
1,000 to less than 
10,000 poultry/day  From 10 to less than 
100 cattle or from 
100 to less than 1,000 
poultry/day  
Raising livestock and poultry on an 
industrial scale  From 1,000 livestock units 
or more  From 100 to less than 
1000 livestock units  From 10 to less than 
100 livestock units  
17 Manufacture of electrical and electronic 
components and equipment  From 01 million devices, 
components/year or 1,000 
tons of products/year or 
more  Under 01 million 
equipment and 
components/year or less 
than 1,000 tons of 
products/year  None  Appendix 3  
List of Group I investment projects with high risk of adverse impacts on the 
environment specified in Clause 3, Article 28 of the Law on Environmental 
Protection  
 
STT  Investment projects  Scale, 
capacity/environmental 
sensitivity/authority to 
license exploitation of 
natural resources  
(1) (2) (3) 
I Investment projects specified at Point a, Clause 
3, Article 28 of the Law on Environmental 
Protection   
1 Investment projects with construction components 
falling under the authority to decide and approve 
investment policies of the National Assembly and 
the Prime Minister (except for projects: business of 
transporting passengers by air; the business of 
betting, etc.) casino; providing telecommunications 
services with network infrastructure, planting 
forests, publishing, and newspapers); Group A 
projects with construction components are 
classified according to the criteria prescribed by the 
law on public investment and construction in the 
type of production, business, and servi ce with risks 
of causing environmental pollution.  All 
2 Hazardous waste recycling and treatment projects; 
Used ship demolition project; Projects using 
imported scrap as raw production materials; Project 
to build a nuclear reactor, nuclear power  All 
3 Projects in the form of production, business, and 
services that pose a risk of causing environmental 
pollution with a large capacity are specified in 
column 3, Appendix 2, part of the Appendix issued 
together with this Decree.  All 
II Investment projects specified at Point b, Clause 
3, Article 28 of the Law on Environmental 
Protection   237 
 
4 Projects in the form of production, business and 
services with the risk of causing environmental 
pollution with the average capacity specified in 
column 4, Appendix 2 to the Appendix to this 
Decree.  Có yếu tố nhạy cảm về môi 
trường quy định tại khoản 
4 Điều 25 Nghị định này  
5 Group A projects with construction components 
classified according to the criteria prescribed by the 
law on public investment are not in the form of  
production, business or service with risks of causing 
environmental pollution.  
III. Investment projects specified at Points c and dd, 
Clause 3, Article 28 of the Law on 
Environmental Protection   
6 Projects using large -scale land and land with water 
surface (except for projects on forest development, 
silviculture, aquaculture by natural and extensive 
methods as prescribed by the law on forestry and 
fisheries)  From 100 hectares or more  
7 The project requires the use or conversion of land 
use purposes,  land with water surface of nature 
reserves, natural heritage sites, biosphere reserves, 
important wetlands, natural forests, forests. 
protection (except for investment projects on 
construction of infrastructure works in service of 
forest management and pr otection, conservation, 
forest fire prevention and fighting, and silviculture 
according to the provisions of the law on forestry 
and wetlands) important countries according to the 
planning approved by competent authorities);  
 
The project requires the conve rsion of land use 
purposes for rice cultivation  
 From 01 ha for the nature 
reserve area, from 01 ha for 
the core zone or from 10 ha 
or more for the buffer zone 
of the world natural 
heritage, biosphere reserve, 
or important wetland; from 
03 ha for natural forest or 
from 20 ha for protection 
forest or more;  
 
 
Having the converted area 
under the approving 
competence of the Prime 
Minister in accordance 
with the provisions of the 
law on land.  
8 Projects using land, land with water surface of 
historical - cultural relics, scenic spots that have 
been ranked according to the provisions of the law 
on cultural heritage (except for projects on From 02 hectares or more 
of the land of special 
national or national -level 
historical -cultural relic 238 
 
preservation, renovation, restoration, 
embellishment and construction of works to serve 
the management, environmental sa nitation, 
protection of historical - cultural relics and scenic 
spots)  zones; from 10 hectares of 
a world heritage site or a 
scenic area that has been 
ranked at the national or 
special national level  
9 The project uses the sea area;  
 
 
 
 
 
Projects with sea dumping activities;  
 
 
 
 
 
The project has encroachment on the sea  Under the jurisdiction of 
the Prime Minister and the 
Ministry of Natural 
Resources and 
Environment to allocate 
marine areas;  
 
Under the authority to issue 
dumping permits of the 
Ministry of Natural 
Resources and 
Environment;  
 
Having an area of 20 
hectares or more 
encroaching on the sea  
IV. Projects specified at Points d and e, Clause 3, 
Article 28 of the Law on Environmental 
Protection   
10 Mining projects; projects on exploitation and use of 
water resources;  
 
 
 
 
 
The project has activities to discharge wastewater 
into water sources  Under the competence of 
the Ministry of Natural 
Resources and Environment 
to issue permits for mineral 
exploitation and water 
resources;  
 
Having a capacity of 3,000 
m3/day or more (from 
30,000 m3/day and night 
for aquaculture activities)  
11 The project requires immigration and resettlement  From 10,000 people in 
mountainous areas or from 
20,000 people in other 
regions or more  
V. Expansion investment project   239 
 
12 Investment projects for expansion (expansion of 
scale, increase of capacity) in accordance with the 
provisions of law on investment of establishments, 
concentrated production, business and service 
zones, and operating industrial clusters  Having the total scale and 
capacity (including the total 
facilities, production and 
business zones, 
concentrated services, 
industrial clusters in 
operati on and the extension 
and capacity increase) to 
the level equivalent to the 
project in Appendix II. this 
continent  Appendix 4  
List of Group II investment projects that are likely to have adverse impacts 
on the environment specified in Clause 4, Article 28 of the Law on 
Environmental Protection, except for projects specified in Appendix 3 to 
the Appendix enclosed herewith. according to this Decree  
 
STT  Investment projects  Scale, 
capacity/environmental 
sensitivity/authority to 
license exploitation of 
natural resources  
(1) (2) (3) 
I Investment projects specified at Points a and 
b, Clause 4, Article 28 of the Law on 
Environmental Protection   
1 Projects in the form of production, business and 
services with the risk of causing environmental 
pollution with the average capacity specified in 
column 4, Appendix 2 to the Appendix to this 
Decree.  All 
2 Group A and Group B projects with 
construction components are classified 
according to the criteria prescribed by the law 
on public in vestment and are not in the form of 
production, business or service that are likely to 
cause environmental pollution, except for 
projects specified in Appendix 3 to the 
Appendix to this Decree  All 
3 Projects in the form of production, business and 
services that pose a risk of causing 
environmental pollution with a small capacity 
specified in column 5, Appendix 2 to the 
Appendix to this Decree.  Having environmental 
sensitive factors specified 
in Clause 4, Article 25 of 
this Decree  
4 Group C projects  with construction components 
classified according to the criteria prescribed by 
the law on public investment are not in the form 
of production, business or service with risks of 
causing environmental pollution.  241 
 
II Investment projects specified at Points  c and 
dd, Clause 4, Article 28 of the Law on 
Environmental Protection   
5 Projects using land, land with water surface of 
medium scale (except for projects on 
development of forests, silviculture, aquaculture 
by natural and extensive methods according to 
the provisions of the law on forestry and 
fisheries). );  
 
Investment project on construction and business 
of infrastructure of industrial clusters.  From 50 ha to less than 
100 ha;  
 
 
 
 
 
All 
6 The project requires the use and conversion of 
land use purposes, land with water surface of 
nature reserves, natural heritage sites of 
biosphere reserves, important wetlands, natural 
forests, and protected forests. households 
(except for investment projects on construction 
of infrastructure works in service of  forest 
management and protection, conservation, 
forest fire prevention and fighting, and 
silviculture according to the provisions of the 
law on forestry and wetlands). important 
according to the planning approved by the 
competent authority);  
 
 
The project  requires the conversion of land use 
purposes for rice cultivation  
 
 
 Under 01 ha for the 
nature reserve area, under 
01 ha for the core zone or 
less than 10 ha for the 
buffer zone of the world 
natural heritage, 
biosphere reserve or 
important wetland; under  
03 ha for natural forest or 
under 20 ha for 
protection forest;  
 
 
 
 
Having the converted 
area under the approval 
authority of the People's 
Council of the province 
in accordance with the 
provisions of the law on 
land 
7 Projects using land, land with water surface of 
historical - cultural relics, scenic spots that 
have been ranked according to the provisions 
of the law on cultural heritage (except for 
projects on preservation, renovation, 
restoration, embellishment and construction of Less than 02 hectares of 
national and special 
national -level historical -
cultural relics; less than 
10 hectares of a world 
heritage site or a scenic 242 
 
works to serve the mana gement, environmental 
sanitation, protection of historical - cultural 
relics and scenic spots)  area that has  been ranked 
at the national or special 
national level.  
8 The project uses the sea area;  
 
 
 
 
Projects with sea dumping activities;  
 
 
 
The project has encroachment on the sea  Under the jurisdiction of 
the People's Committee 
of the province to 
allocate sea areas;  
 
Under the jurisdiction of 
the People's Committee 
of the province to issue 
dumping permits;  
 
Has an area of less than 
20 hectares of sea 
encroachment  
III Investment projects specified at Points d 
and e, Clause 4, Article 28 of the Law on 
Environmental Protection   
9 Mining projects; projects on exploitation 
and use of water resources;  
 
 
 
 
 
The project has activities to discharge 
wastewater into water sources  Under the 
competence of the 
People's Committee of 
the province to issue 
licenses for mining 
minerals and water 
resources;  
 
With a capacity of 
between 500 and under 
3,000 m3/day (from 
10,000 to under 30,000 
m3/day for aquaculture 
activities)  
10 The project requires immigration and 
resettlement  From 1,000 people to less 
than 10,000 people in 
mountainous areas; from 
2,000 people to less than 
20,000 people for other 
regions  243 
 
IV Expansion investment project   
11 Investment projects for expansion (expansion 
of scale, increase of capacity) according to the 
provisions of law on investment of production, 
business, service establishments, industrial 
clusters in operation  Having a total scale and 
capacity (including the 
total of production and 
business establishments, 
services, industrial 
clusters in operation and 
the extension and 
capacity in crease) to a 
level equivalent to the 
project in this Appendix  
 
  244 
 
Appendix 5  
 List of Group III investment projects with little risk of adverse impacts on 
the environment specified in Clause 5, Article 28 of the Law on 
Environmental Protection, except for projects specified in Appendix 3 and 
Appendix 4 issued together with this Dec ree 
 
STT  Investment projects  Environmental 
characteristics of the 
project or the total 
volume of solid waste 
generated  
I Investment projects specified at Point a, 
Clause 5, Article 28 of the Law on 
Environmental Protection   
1 Projects in the form of production, business, and 
services that pose a risk of causing 
environmental pollution with a small capacity 
are specified in column 5, Appendix 2 to the 
Appendix to this Decree.  No environmentally 
sensitive factors  
II Investment projects specified at Point b, 
Clause 5, Article 28 of the Law on 
Environmental Protection   
2 Group C projects are classified according to the 
criteria prescribed by the law on public 
investment and are not of the type of 
production, business, or service that are likely to 
cause environmental pollution or generate 
wastewater, dust, or emissions. must be treated 
or generate hazardous waste that must be 
managed according to the regulations on waste 
management as follows:   
- Wastewater, dust, and gas generated must be 
treated  up to environmental technical standards 
before being discharged into the environment or 
treated by on -site wastewater treatment facilities 
as prescribed by law and local technical 
regulations on the environment; In case the 
project is located in a concent rated production, 
business, and service zone or in an industrial 
cluster that already has a centralized wastewater Waste water, dust and 
exhaust gas (if any) if 
not treated, it will 
exceed the prescribed 
environmental 
technical regulations 
or the standards set by 
the investor in the 
construction and 245 
 
treatment system that meets environmental 
technical regulations on wastewater, it must be 
treated according to requirements of the 
investor i n the construction and infrastructure 
business of such concentrated production, 
business and service zones, industrial clusters.  infrastructure business 
of production and 
business zones, 
centralized services, 
industrial clusters  
- There is the generation of hazardous waste 
(from 600 kg/year or more) and domestic solid 
waste, ordinary industrial waste (if any)  Total volume of waste 
generated from 300 
kg/day or more  Appendix 6  
List of investment projects, production, business and service establishments  
exempted from environmental registration  
 
1. Human resource training activities; consulting activities, technology 
transfer, vocational training, technical training, management skills, information 
provision, marketing, investment promotion, and trade.  
2. Production, presentation, and distribution of televi sion programs; motion 
picture, video film production; broadcasting, music recording, and publishing 
activities.  
3. Commercial services, mobile trading, no fixed location.  
4. Commercial services, trade -in products, consumer goods, household 
appliances with a construction area of less than 200 m2.  
5. Catering services with restaurant area under 200 m2.  
6. Service of repairing and maintaining household appliances on an 
individual and household scale.  
7. Photocopying services, internet access, video games.  
8. Cultivation on agricultural land, forestry, aquaculture, animal husbandry 
on an individual or household scale.  
9. Experimental planting of plant species on a scale of less than 01 ha.  
10. Construction of individual and family houses.  
11. Aquaculture proje cts and establishments in the sea, rivers, streams and 
reservoirs with a wastewater volume of less than 10,000 m3/day.  
12. Investment projects, establishments fully satisfy the following criteria:  
- No emission of waste gas to be treated;  
- No wastewater i s generated or wastewater is generated but connected to a 
centralized wastewater treatment system that is licensed by a competent state 
agency;  
- No hazardous waste is generated during operation or hazardous waste is 
generated but transferred to a functional unit for treatment ./.Appendix 7  
List of persistent organic pollutants registered for exemption under the provisions of the Stockholm Convention  
 
TT Tên chất ô nhiễm hữu 
cơ khó phân hủy  Phụ lục 
của Công 
ước 
Stockhol
m Lĩnh vực 
sử dụng  Hoạt 
động  Quy định về đăng ký miễn trừ của Công ước 
Stockholm  
1 Hexabromodiphenyl ether 
và Heptabromodiphenyl 
ether (HBDE)  A Industry  
 Manufact
ure No 
Use Recycling, use and disposal are permitted in accordance 
with the Stockholm Convention . 
2 Tetrabromodiphenyl ether 
và Pentabromodiphenyl 
ether (POP -BDE)  A Industry  
 Manufact
ure No 
Use Recycling, use and disposal are permitted in accordance 
with the Stockholm Convention.  
3 Các axit Perfluorooctane 
sulfonic, muối của chúng 
(PFOS) và 
perfluorooctane sulfonyl 
fluoride (PFOSF)  B Industry, 
agricultur
e Manufact
ure - No separate registration for exemptions.  
- Intermediate compound in case of registration of 
exemption by purpose.  
Use - Register for a separate exemption for the field:  
+ Metallic plating (hard metal plating) only in closed 248 
 
systems;  
+ Foam (for Class B fires) in installed systems, including 
fixed and mobile systems.  
- Register for exemption according to the purpose of use 
for the following areas:  
+ Insect baits with sulfluramide (CAS number 4151 -50-
2) as the active ingredient to control leafcutter ants from 
Atta spp. and Acromyrmex spp., for agricultural use 
only.  
4 Hexabromocyclododecan
e (HBCDD)  A Industry  
 Manufac
ture Expanded polystyrene (EPS) and extruded polystyrene 
(XPS) insulation materials in construction/building.  
Use EPS and XPS insulation are used in 
construction/building.  
5 Polychlorinated 
naphthalene  (PCN)  A, C  Agricultu
re, 
arising 
unintenti
onally  
 Manufac
ture Intermediate compounds, including 
octafluoronaphthalene.  
Use Agricultural products containing PCN, including 
octafluoronaphthalene.  
6 Decabromodiphenyl ether 
(DBDE)  A Industry  Manufac
ture Production is allowed when an exemption has been 
registered under the Stockholm Convention.  
Use - Vehicle parts (insulation, wiring, upholstery, etc.)  249 
 
- Aircraft and accompanying spare parts (for 
aircraft in use before December 2018 and received 
before December 2022);  
- Textile products containing flame retardants, other 
than clothing and toys;  
- Additives in household plastic products, electrical 
appliances and household appliances (heating 
appliances, irons, fans) containing or in direct contact 
with electrical parts or requiring compliance with anti -
corrosion standards. fire  with a concentration less than 
10% of the weight of the device;  
- Polyurethane foam insulation in the construction sector.  
7 Chlorine short -chain 
paraffins (SCCPs) 
Chlorine short -chain 
paraffins (SCCPs)  A Industry  Manufact
ure Production is allowed when an exemption has been 
registered under the Stockholm Convention.  
Use - Additives in rubber production;  
- Flame retardants in rubber, inks, adhesives and 
surface coatings;  
- Fireproof and waterproof paint;  
- Preparations containing oils in the manufacture of 
leather;  
- Manufacture of tubes for outdoor decorative light 
bulbs;  
- additives in lubricating oils or refrigerants in 
metal cutting or metal forming;  250 
 
- Secondary plasticizer in polyvinyl chloride, except in 
toys and children's products.  
8 Perfluorooctanoic acid 
(PFOA), their salts and 
related compounds PFOA  A Industry  Manufac
ture - Do not produce fire -fighting foam.  
- Other fields of production are carried out according to 
the provisions of the Stockholm Convention.  
Use - Photographic coating applied in film coating;  
- Image overlay applied to film;  
- Textiles (oil and water repellent);  
- Medical devices for implantation;  
- Fire extinguishing foam (class B fires);  
- Production of polytetrafluoroethylene (PTFE) and 
polyvinylidene fluorid e (PVDF): High -performance, 
anti-corrosion gas filters, water filters and antibacterial 
air filters for the medical field; industrial exhaust gas 
exchangers; industrial sealant capable of preventing 
leakage of volatile organic compounds and PM2.5 dust;  
- Manufacture of polyfluoroethylene propylene 
(FEP) for the production of high -voltage wires and 
cables for power transmission;  
- Manufacture of fluoroelastomers for the 
manufacture of O -rings, belts and plastic accessories for 
automotive interiors;  
- Pharmac eutical production.  Appendix 8  
List of products, packaging to be recycled, and recycling rates and specifications  
  
TT 
(1) Product 
subgroup  
(2) Product list  
(3) Recycling rate 
for the first 3 
years  
(4) Mandatory recycling specifications  
(recovery of at least 40% of volume of product and packaging materials 
collected for recycling in accordance with the mandatory recycling rate)  
(5) 
A. PACKAGING     
1 A.1. Paper 
packaging  A.1.1.  Paper and 
carton packaging  20% Selected recycling options:  
1. For production of  commercial pulp.  
2. For production of  paper products such as toilet paper, 
paperboard, paper boxes, or other products.  
2   A.1.2.  Mixed paper 
packaging  15% Selected recycling options:  
1. For production of  pulp, metal billets , and commercial sheets.  
2. For production of  paper products such as toilet paper, 
paperboard, paper boxes, commercial sheets, or other products.  
3 A.2. Metal 
packaging  A.2.1.  Aluminum  22% Selected recycling options:  
1. For production of  aluminum billets used as feedstock for 
industrial production.  
2. For production of other products.  252 
 
4   A.2.2.  Iron and other 
metals  20% Selected recycling options:  
1. For production of  metal billets used as feedstock for 
industrial production.  
2. For production of other products.  
5 A.3. Plastic 
packaging   A.3.1.  Solid PET 
packaging  22% Selected recycling options:  
1. For production of recycled plastic pellets used as feedstock 
for industrial production.  
2. For production of other products (including PE fibers).  
3. For production of chemicals (including oil).  
6   A.3.2.  Solid HDPE, 
LDPE, PP, PS 
packaging  15% Selected recycling options:  
1. For production of recycled plastic pellets used as feedstock 
for industrial production.  
2. For production of other products  (including PE and PP 
fibers).  
3. For production of chemicals (including oil).  
7   A.3.3.  Rigid EPS 
packaging  10% Selected recycling options:  
1. For production of recycled plastic pellets  used as feedstock 
for industrial production.  
2. For production of other products . 
3. For production of chemicals (including oil).  253 
 
8   A.3.4.  Solid PVC 
packaging  10% Selected recycling options:  
1. For product ion of recycled plastic pellets  used as feedstock 
for industrial production.  
2. For production of other products . 
3. For production of chemicals (including oil).  
9    A.3.5.  Other solid 
plastic packaging  10% Selected recycling options:  
1. For production of recycled plastic pellets used as feedstock 
for industrial production.  
2. For production of other products . 
3. For production of chemicals (including oil).  
10   A.3.6.  Soft material 
single packaging  10% Selected recycling options:  
1. For production of recycled plastic pellets  used as feedstock 
for industrial production.  
2. For production of other products . 
3. For production of chemicals (including oil). 
11 
   A.3.7.  Soft multi -
material packaging  10% Selected recycling options:  
1. For production of recycled plastic pellets  used as feedstock 
for industrial production.  
2. For production of other products . 
3. For production of chemicals (including oil).  254 
 
12 A.4. Glass 
packaging  A.4.1.  Glass bottles, 
jars, containers  15% Selected recycling options:  
1. Cleaned for reuse in accordance with producers’ standards.  
2. Crushed into glass cullet for glass manufacturing.  
3. Crushed into aggregates as construction materials.  
B. BATTERY     
13 B.1. Battery  B.1.1.  Lead battery  12% Recycling options:  
1. For production of lead used as feedstock for industrial 
production.  
2. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.   
3. For production of commercial sulphate acid/salt (by -
product).  
14 B.1.2.  Other types of 
batteries  8% Selected recycling options:  
1. For production of metal billets or industrial chemicals used 
as feedstock for industrial production.  
2. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.   
3. For production of commercial C, K, and Na (by -products).  
4. Export for recycling (not exceeding 20% of total product 
volume).  
15 B.2. Rechargeabl
e battery B.2.1.  Batteries of all 
types (Li, NiMH, etc.) 12% Selected recycling options:  255 
 
(multiple times)  used for vehicles  
1. For production of metal billets or industrial chemicals used 
as feedstock for industrial production.  
2. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.   
3. For production of com mercial C, K, and Na (by -products).  
4. Export for recycling (not exceeding 20% of total product 
volume).  
16 B.2.2.  Batteries of all 
types, used for other 
electrical - electronic 
devices  8% Selected recycling options:  
1. For production of metal billets or industrial chemicals used 
as feedstock for industrial production.  
2. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.   
3. For production of com mercial C, K, and Na (by -products).  
4. Export for recycling (not exceeding 20% of total product 
volume).  
C. LUBRICANT     
17 C.1. Engine 
lubricant  C.1.1 Engine lubricant  15% Selected recycling options:  
1. Distillation for base oil or other oil recovery.  
2. Fractional distillation for oil recovery.  
D. TUBES, TYRES      
18 D.1. Tubes and 
tyres of all types  D.1.1.  Tubes and tyres 
of all types  5% Selected recycling options:  
1. High -tech tyre retreading to producers’ standards.  256 
 
2. Cutting for recovery of crumb rubber,  making aggregates.  
3. Fractional distillation for oil recovery.  
DD. ELECTRICS - ELECTRONICS     
19 DD.1. Refrigerati
on equipment  DD.1.1.  Refrigerators, 
freezers, automatic 
refrigerated vending 
machines, vending 
machines  5% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock 
for industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of other recycled products.  
20   DD.1.2. Fixed, 
portable air 
conditioners  5% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock 
for industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industria l production.  
4. For production of other recycled products.  
21 DD.2. Screens 
and devices with 
screens  DD.2.1. Tablets, 
laptops, notebooks  9% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock 257 
 
for industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas.  
4. For production of glass particles smaller than 5mm used as 
feedstock a nd fuel for industrial production.  
5. For production of other recycled products.  
22   DD.2.2. Televisions 
and computer 
monitors, other 
screens  7% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For pr oduction of glass pellets smaller than 5mm used as 
feedstock and fuel for industrial production.  
5. For production of other recycled products.  
23 DD.3.  Light 
bulbs  DD.3.1.  Compact light 
bulbs  8% Selected recycling options:  
1. For production and processing into glass powder and cullet 
(smaller than 5mm) used as feedstock for industrial 
production.  
2. For production of metal bars and billets used as feedstock 
for industrial production.  
3. For production of other  products.  
23   DD.3.2.  Fluorescent 8% Selected recycling options:  258 
 
light bulbs  
1. For production and processing  of glass powder and cullet 
(smaller than 5mm) used as feedstock for industrial 
production.  
2. For production of metal bars and billets used as feedstock for 
industrial production.  
3. For production of other recycled products.  
25 DD.4.  Large 
equipment  DD.4.1.  Electric 
stoves, induction 
cookers, infrared 
cookers, ovens, 
microwave ovens  5% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of glass  pellets smaller than 5mm used as 
feedstock and fuel for industrial production.  
5. For production of other recycled products.  
26   DD.4.2.  Washing 
machines, dryers  9% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial prod uction.  259 
 
4. For production of glass pellets smaller than 5mm used as 
feedstock and fuel for industrial production.  
5. For production of other recycled products.  
27 DD.5.  Small and 
medium 
equipment  DD.5.1.  Cameras 
(including flashes), 
camcorders  9% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercia l chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
5. For production of other recycled products.  
28   DD.5.2.  Audio 
equipment: speakers, 
radios, amplifiers  9% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of other recycled products.  
29 DD.6. Informatio
n technology DD.6.1.  Desktop 
computers  9% Selected recycling options:  260 
 
equipment  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercia l chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
5. For production of other recycled products.  
30   DD.6.2.  Printers, 
photocopiers  9% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by-
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
5. For production of other recycled products.  
31   DD.6.3.  Mobile 
phones  15% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock for 261 
 
industrial production.  
3. For production of recycled plastic pellet s or plastic by -
products such as commercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
5. For production of other recycled pr oducts.  
32 DD.7 Solar 
panels  DD.7.1.  Solar panels  3% Selected recycling options:  
1. Recovery and reuse of glass and photovoltaic cells to 
producers’ specifications.  
2. For production of metal bars and billets used as feedstock for 
industrial production.   
3. For production of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
4. For production of other recycled products.  
E. VEHICLES     
33 E.1. Road motor 
vehicles   E.1.1.  Two-wheeled 
motorcycles;  three -
wheeled motorcycles   0,5% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as com mercial chemicals, heavy oil, syngas 
used as feedstock and fuel for industrial production.  
4. For production of crumb rubber or plastic by -products such 34 E.1.2.  Motorcycles 
including electric 
scooters and electric 
bicycles   0,7% 
35 E.1.3.  Passenger cars 
(up to 09 seats)   0,5% 
36 E .1.4. Passenger cars 0,5% 262 
 
(over 09 seats)   as commercial chemicals, heavy oil, syngas used as 
feedstock and fuel for industrial production.  
5. For produ ction of glass pellets smaller than 5mm used as 
feedstock for industrial production.  
6. For production of other recycled products.  37 E.1.5.  Trucks of all 
types  0,5% 
38 E.2. Specialized 
vehicles and 
machines   E.2.1.  Self-propelled 
vehicles and 
construction machines 
of all types    1% Selected recycling options:  
1. Recovery and reuse of parts and accessories to producers’ 
specifications.  
2. For production of metal bars and billets used as feedstock for 
industrial production.  
3. For production of recycled plastic pellets or plastic by -
products such as commercial chemicals, heavy oil, sy ngas 
used as feedstock and fuel for industrial production.  
4. For production of crumb rubber or plastic by -products such 
as commercial chemicals, heavy oil, syngas used as 
feedstock and fuel for industrial production.  
5. For production of glass pellets smaller t han 5mm used as 
feedstock for industrial production.  
6. For production of other recycled products.  
 
 Appendix 9  
List of products and packaging and contribution levels for waste recycling  
 
No 
(1) Type of products  
(2) Shape  
(3) Capacity/ Size  
(4) Contribution norms to waste 
treatment  
(5) 
1 Containers of pesticides  Plastic bottles, 
boxes  < 500ml  VND 50 / 1 item  
500ml or larger  VND 100 /1 item  
Plastic packs, bags  < 100gr  VND 20 / 1 item  
From 100gr to under 
500gr  VND 50 / 1 item  
500gr or larger  VND 100 /1 item  
Glass bottles, vases  < 500ml  VND 1 50 /1 item  
500ml or larger  VND 250 /1 item  
Metal bottles, jars, 
vases, boxes  < 500ml  VND 1 50 /1 item  
500ml or larger  VND 250 /1 item  
2 Single -use batteries of all types  All All 1% of the total value of the 
batch sold on the market or 
import  
 
3 
Diapers, diapers, tampons, 
single -use wet towels  with 
synthetic ingredients  All All 1% of the total value of the 
batch sold on the market or 
import  
 264 
 
4 
Chewing gums with synthetic 
ingredients  All All 1% of the total value of the 
batch sold on the market or 
import  
 
5 
Cigarettes with filters  All All VND 60  / 1 pack of 20 
cigarettes  
 
6 Products using  plastic as the 
raw material     
6.1 Knives, scissors, spoons, forks, 
chopsticks, cups, bowls, cups, 
containers, stirrers, straws, single -use 
food wrap and other single -use plastic 
products (except medical 
instruments)  All All VND 1.500  /1 kg  of used 
plastics  
6.2 Balloons, duct tape, ear buds, 
toothpicks, single -use toothpaste, 
single -use shampoo, conditioner, 
single -use razor  
6.3 Garment products  
6.4 Leather products, bags, shoes, 
sandals  
6.5 Children toys  
6.6 Interior furniture  
6.7 Construction materials  265 
 
7 Other products and packaging 
issued by the Prime Minister     Appendix 10  
Projects, facilities, concentrated production, business and service zones, industrial clusters discharging wastewater 
into the environment  must perform automatic, continuous and periodical monitoring  
ST
T Type  of project, facility, concentrated 
production, business and service zones, 
industrial clusters  Main monitoring 
parameters of automatic 
and continuous 
wastewater monitoring 
system  Flow  
(1) (2) (3) (4) (5) 
1 Concentrated production, business and 
service zones, industrial clusters 
(including projects and facilities inside 
are exempted from connection and direct 
discharge of wastewater into the 
environment); centralized wastewater 
treatment system of the economic zone 
(if any)  Flow (inlet and outlet), pH, 
temperature, TSS, COD or 
TOC, Ammonium.  Has wastewater 
discharged into the 
environment?  
 
2 Projects and establishments of the type of 
production, business or service with risks 
of causing environmental pollution 
specified in Appendix 2 to the Appendix 
to this Decree.  Flow (inlet and outlet), pH, 
temperature, TSS, COD or 
TOC, Ammonium.  From 500 m3/day 
(24 hours) or more  From 200 to less 
than 500 m3/day 
(24 hours)  
3 Projects and establishments that are not 
of the type of production, business or 
service that pose a risk of causing Flow (inlet and outlet), pH, 
temperature, TSS, COD or 
TOC, Ammonium.  From 1,000 m3/day 
(24 hours) or more  From 500 to less 
than 1,000 m3/day 
(24 hours)  267 
 
environmental pollution specified in 
Appendix 2 to the Appendix to this 
Decree.  
 
 
Appendix 11  
Projects and establishments of the type of production, business or service that are likely to cause environmental 
pollution, discharge dust and industrial gas emissions  to the environment must perform automatic, continuous and 
periodical monitoring  
STT  Project 
name, 
facility  Works, equipment to 
discharge dust and exhaust 
gas Monitoring parameters of the 
system, automatic and 
continuous dust and exhaust 
monitoring equipment  Flow or capacity of works, 
dust and exhaust treatment 
equipment  
(1) (2) (3) (4) (5) (6) 
1 Productio
n of cast 
iron, steel, 
metallurg
y (except 
rolling, Electric arc furnace (EAF), 
induction furnace (medium 
frequency furnace), refining 
furnace (LF)  Flow, pressure, temperature, O2, 
Dust, NOx, SO2, CO  From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of Sintering machine  Flow, pressure, temperature, O2, 
Dust, SO2, NOx  268 
 
drawing, 
casting 
from raw 
materials)  Oxygen Blowing Furnace 
(BOF)  Flow, pressure, temperature, 
Dust, SO2, NOx, CO  the same type) 
or more  works and 
equipment of 
the same type)  
Casting Equipment  Flow, pressure, temperature, dust  
Other melting and heating 
furnaces using fuel oil FO, 
coal Flow,  pressure, temperature, O2, 
Dust, SO2, NOx, CO  
2 Producing 
basic 
inorganic 
chemicals 
(except 
industrial 
gases), 
inorganic 
fertilizers 
and 
nitrogen 
compound
s (except 
for 
mixing, 
extracting 
and 
packing), Catalytic regeneration device  Flow, pressure, temperature, dust  
From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of 
the same type) 
or more  From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  SO2 treatment equipment, 
sulfur recovery  Flow, pressure, temperature, 
SO2 
CO combustion equipment 
(oil cracking process)  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
Equipment for the production 
of sulfuric acid  Flow, pressure, temperature, 
SO2 
Phosphoric acid production 
equipment  Flow, pressure, temperature, HF  
Equipment for the production 
of fluorine compounds  Flow, pressure, temperature, HF  
Hydrochloric acid production 
equipment  Flow, pressure, temperature, HCl  269 
 
chemical 
plant 
protection 
drugs 
(except 
for 
mixing,  
transferrin
g and 
extracting
) Burning, heating and smelting 
equipment using fuel oil FO, 
coal Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
Nitrogen fertilizer production 
equipment  Flow, pressure, temperature, 
Dust, NH3  
Mixed fertilizer production 
equipment (except mixing)  Flow, pressure, temperature, 
Dust, NH3  
Production and recovery of 
nitric acid  Flow, pressure, temperature, 
NOx  
3 Oil 
refinery  Heating equipment  Flow, pressure, temperature, O2, 
NOx and SO2 when using oil  From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of 
the same type) 
or more  From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  Tail gas treatment  equipment  Flow, pressure, temperature, O2, 
SO2 
CO combustion device 
(catalyst regeneration stage)  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
4 Recycling
, treating 
daily -life 
solid 
waste, Hazardous waste incinerators; 
Medical waste incinerator  Lưu lượng, áp suất, nhiệt độ 
(buồng đốt sơ cấp, thứ cấp và 
ống khói), O 2, Bụi, SO 2, NOx, 
HCl, CO  Total capacity 
of incinerators 
from 2,000 
kg/hour or 
more  Total capacity 
of incinerators 
from 500 kg/h to 
less than 2,000 
kg/h 270 
 
ordinary 
industrial 
solid 
waste, 
hazardous 
waste; 
using 
imported 
scrap as 
raw 
materials 
for 
productio
n Domestic solid waste 
incinerators, ordinary 
industrial solid waste 
incinerators  Lưu lượng, áp suất, nhiệt độ 
(buồng đốt sơ cấp, thứ cấp và 
ống khói), O 2, Bụi, SO 2, NOx, 
HCl, CO  Total capacity 
of incinerators 
from 5,000 
kg/hour or 
more  Total capacity 
of incinerators 
from 3,000 
kg/hour to less 
than 5,000 
kg/hour  
Waste co -cement kiln 
(according to cement)  Flow, pressure, temperature, O2, 
Dust, NOx, HCl  From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of 
the same type) 
or more  From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  Boiler, heating furnace using 
fuel oil FO, coal  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
Plastic granulating equipment;  Flow, pressure, temperature, 
Benzene, Sylene, Ethylene oxide 
Propylene oxide (according to 
scrap plastic)  
Burning, heating and melting 
equipment  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
Lead recycling equipment and 
furnaces  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, HCl, CO  Total capacity 
of equipment 
and kilns from 
1,000 kg/hour 
or more  Total capacity 
of equipment 
and kilns from 
500 kg/hour to 
less than 1,000 
kg/hour  271 
 
5 Coke 
productio
n; coal 
gas 
productio
n Coking equipment 
(technology with by -product 
recovery)  Flow, pressure, temperature, O2, 
Dust, SO2, NOx  
From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of 
the same type) 
or more  From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  Coking equipment 
(technology without by -
product recovery)  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  
Dry cup press (CDQ)  Flow, pressure, temperature, dust  
Coal gasification equipment  Flow, pressure, temperature, O2, 
SO2, NOx, CO  
6 Thermal  Combustion equipment 
(except for thermal power 
plants that completely use gas 
and DO oil)  Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  Total 
generating 
capacity of 50 
MW or more  Total generating 
capacity below 
50 MW  
7 Cement 
Productio
n 
 Furnace  Flow, pressure, temperature, O2, 
Dust, NOx, CO  From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works  and 
equipment of 
the same type) 
or more  
 From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  
 Equipment for cooling clinker, 
coal crushing, cement 
grinding  Flow, pressure, temperature, dust  272 
 
8 Other 
projects 
and 
establish
ments 
specified 
in 
Appendix 
2 to this 
Decree.  Equipment for burning, 
heating, smelting, heating, 
boilers, thermal oil furnaces 
using FO oil, coal  
Flow, pressure, temperature, O2, 
Dust, SO2, NOx, CO  From 100,000 
m3 / hour 
(calculated for 
the total flow 
of works and 
equipment of 
the same type) 
or more  From 50,000 to 
less than 
100,000 
m3/hour 
(calculated for 
the total flow of 
works and 
equipment of 
the same type)  
 
 Appendix 12  
List of preferential and supported environmental protection activities  
1. Investment projects in the industry or profession of waste collection, 
treatment, recycling, or reuse include:  
a) Treatment and destruction of solid waste (waste);  
b) Collection of solid waste (waste);  
c) Co llecting and treating wastewater;  
d) Recycle or reuse waste.  
2. Enterprises producing and providing technology, equipment, products, 
and services to meet the requirements of environmental protection, including:  
a) Provide waste treatment technology combine d with energy recovery, 
energy -saving technology is evaluated or appraised or given opinions according 
to the provisions of the law on technology transfer;  
b) Providing domestic wastewater treatment services; co -treatment of 
domestic solid waste; environme ntal monitoring services;  
c) Clean energy production; recycled energy; environmental monitoring 
equipment;  
d) Manufacturing and supplying domestic wastewater treatment 
equipment on -site for household -scale production and business establishments; 
environmen tally friendly products and services certified by the Ministry of 
Natural Resources and Environment with the Vietnam Ecolabel;  
dd) Products produced from recycling and waste treatment activities meet 
the provisions of the law on product quality;  
e) Produci ng public transport means, except for public transport using oil; 
production of vehicles using electricity, renewable energy, low fuel 
consumption, low emission or no emission; public transport services using 
electric energy, clean fuel, renewable fuel;  
3. Environmental protection activities are not business investment 
activities, including:  
a) Renovate technology, renovate and upgrade waste treatment works to 
implement the roadmap promulgated by competent state agencies in accordance 
with the law on enviro nmental protection;  
b) Relocating households out of concentrated production, business and 
service zones, industrial clusters;  
c) Relocating operating establishments to meet the safe environmental 
distance or to implement the roadmap promulgated by competen t state agencies 
in accordance with the law on environmental protection;  
d) Investing in the development of renewable natural capital, providing 
natural ecosystem services; protection of natural heritage;  
dd) Research and develop a system of collecting and  treating plastic waste 
floating in the sea and ocean;  
e) Treat and improve the environment of domestic solid waste landfills ./.Appendix 13  
List of technology groups, equipment and products  
of the environmental industry  
 
1. Equipment and products for exhaust gas treatment.  
2. Equipment and products for wastewater treatment and reuse.  
3. Equipment for sorting, collecting, transporting, recycling, and treating 
domestic solid waste, ordinary industrial solid waste, hazardous waste, and other 
waste and scrap recycling equipment.  
4. Equipment for dismantling land and waterway means of transport has 
expired.  
5. Equipment and spare parts for waste treatment systems, transfer stations, 
and other environmental protection work.  
6. Environmental measu rement and monitoring equipment.  
7. Equipment and products for energy production from waste.  
8. Chemicals, biological products, alternative materials, and supplies for 
waste treatment and environmental protection.  
9. Equipment and products for biodiversity  conservation.  
10. Equipment and products for environmental troubleshooting.  
11. Other equipment and products serving environmental protection 
requirements.  
12. Manufacturing technology, equipment, and products specified in this 
Appendix./.  