Notes: This is the English version of the law with more grammatical textures and a better-looking book cover translated and designed by Alph16, and some extra graphics. It's only available on Wattpad of Alph16. All other websites that reupload this version are thieves and don't have my permission. So if you care, please only read on Wattpad.

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CHAPTER VIII

Prevention of and Response to Environmental Incidents; Remedying Environmental

Pollution and Rehabilitation of the Environment

SECTION 1

Prevention of and Response to Environmental Incidents

Article 86 Prevention of environmental incidents 

1. Owners of manufacturing, business, and services establishments and means of transportation that may potentially cause environmental incidents must apply the following measures:

(a) Prepare plans for prevention of and response to environmental incidents;

(b) Install and furnish equipment, apparatus, and means to respond to environmental incidents;

(c) Train and arrange manpower forces ready to respond to environmental incidents;

(d) Comply with labor safety rules and implement a routine checking regime;

(dd) Take promptly or propose competent bodies take measures to eliminate possible causes of environmental incidents upon detection of signs of same.

2. Prevention of environmental incidents caused by natural disasters shall cover: (a) Building the capacity to predict and warn of dangers and development of disasters that may potentially cause environmental incidents; (b) Investigating, recording, and assessing the risk of natural disasters likely to occur nationwide and in each region; (c) Planning and constructing projects for prevention of incidents and mitigation of their consequences in places where environmental incidents are likely to occur.

3. Ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees shall, within the scope of their respective duties and powers, carry out the activities stipulated in clause 2 of this article.

Article 87 Biological safety

1. Organizations and individuals engaged in manufacturing, business, and services activities involving genetically modified organisms and products made from such organisms must comply with the provisions of the law on biodiversity, food safety, hygiene, cultivated plant varieties, livestock breeds, and with other relevant laws.

2. Organizations and individuals may only research into, experiment, produce, trade-in, use, import, export, store, and transport genetically modified organisms and products made from such organisms on the list of those permitted by law, and such organizations and individuals must satisfy all conditions on biological safety and procedures as stipulated by law.

3. The importation and transit of animals, plants, and micro-organisms must be permitted by competent State bodies, and animals, plants and micro-organisms must be quarantined according to the law on quarantine.

Article 88 Chemical safety

1. Organizations and individuals engaged in producing, trading, transporting, storing, or using chemicals or engaged in other activities related to chemicals may carry out such activities only upon satisfying conditions and procedures and taking all measures to ensure chemical safety by the law on management and use of chemicals and other relevant laws.

2. The use of chemical fertilizers, chemicals, feed, plant, and animal protection drugs causing environmental pollution and degradation or biodiversity degradation shall be restricted.

Article 89 Nuclear and radiation safety

1. Activities related to nuclear and radiation shall include:

(a) Exploring, exploiting, and refining radioactive substances of natural origin;

(b) Storing, preserving, and transporting radioactive substances;

(c) Producing and trading materials containing and providing services related to radioactive substances or products;

(d) Producing products or building project works causing electromagnetic radiation;

(dd) Using nuclear and atomic technology or equipment containing radioactive substances or using equipment causing electromagnetic radiation;(e) Importing and exporting materials, equipment, and technology containing radioactive substances.

2. Organizations and individuals carrying out the activities stipulated in clause 1 of this article must comply with the law on nuclear safety and electromagnetic radiation safety.

3. Nuclear safety and radiation safety must aim at:

(a) Not adversely affecting humans and living organisms;

(b) Not polluting the environment or adversely affecting environmental elements;

(c) Not causing environmental incidents and disasters.

4. Nuclear safety standards and electromagnetic radiation safety standards are compulsory national standards and shall be issued by competent state bodies.

Article 90 Response to environmental incidents

1. The responsibility to respond to environmental incidents shall be regulated as follows:

(a) Organizations and individuals causing an environmental incident must take urgent measures to ensure the safety of persons and property; organize the rescue of persons and property, and inform promptly local administrative bodies or specialized environmental protection bodies in the locality where such incident occurs;

(b) If an environmental incident occurs at an establishment or in a locality, the head of such establishment or locality must mobilize urgently manpower, materials, and means to respond promptly to it;

(c) If an environmental incident occurs on a scale involving two or more establishments or localities, the heads of such establishments or localities must collaborate in responding to it;

(d) If an establishment or locality is not able to respond to an environmental incident, it must report urgently to its superior management body for the latter to mobilize promptly other establishments and localities to join in responding to such incident; any establishment and locality so requested must take measures to respond to the environmental incident according to its ability.

2. Manpower, materials, and means used to respond to an environmental incident shall be indemnified for expenses incurred following the law.

3. A response to an extremely serious environmental incident shall comply with the law in states of emergency.

4. The obligation to compensate for damage caused by an environmental incident shall be implemented following the provisions of Section 2 of Chapter XIV of this Law, the Civil Code, and other relevant laws.

Article 91 Building manpower forces for response to environmental incidents

1. The State shall be responsible for building manpower forces and for providing equipment to forecast and warn about natural disasters and climatic and other environmental incidents.

2. Manufacturing, business, and service establishments shall be responsible for building their capacity to prevent and respond to natural disasters and environmental incidents. 

SECTION 2

Remedying Environmental Pollution and Rehabilitation of Environment

Article 92 Grounds for identifying polluted areas

1. The environment shall be considered polluted when the content of one or more pollutants exceeds the environmental quality standards.

2. The environment shall be considered seriously polluted when the content of one or more chemicals and heavy metals exceeds three times the environmental quality standards or the content of one or more other pollutants exceeds five times the environmental quality standards.

3. The environment shall be considered particularly seriously polluted when the content of one or more chemicals and heavy metals exceeds five times the environmental quality standards or the content of one or more other pollutants exceeds ten (10) times the environmental quality standards.

Article 93 Remedying environmental pollution and rehabilitation of the environment

1. Investigation and identification of polluted areas shall include the following items:(a) Scope and boundaries of polluted areas;(b) Degree of pollution;(c) Causes of pollution and liability of related parties;(d) Activities to be carried out to remedy the pollution and rehabilitate the environment;(dd) Damage caused to the environment, serving as a basis for claiming compensation.

2. Responsibility to investigate and identify polluted areas shall be regulated as follows:(a) Provincial people's committees shall organize the investigation and identification of polluted areas within their localities;(b) The Ministry of Natural Resources and Environment shall direct co-ordination between provincial people's committees in organizing the investigation and identification of polluted areas covering two or more provinces and cities under a central authority. Results of the investigation, including the cause, degree, and scope of pollution and damage caused to the environment, must be made public.

3. Organizations and individuals causing environmental pollution shall be responsible for:

(a) Complying with requests of the State administrative body for the environment as stipulated in clause 2 of this article in the process of investigation and identification of the scope, area, degree, and cause of the pollution as well as measures to remedy the pollution and rehabilitate the environment;

(b) Applying promptly measures to stop and limit the source of pollution and restrict its expansion affecting the life and health of local inhabitants;

(c) Taking measures to remedy environmental pollution and rehabilitate the environment at the request of theState administrative body for the environment as stipulated in clause 2 of this article;

(d) Compensating for damage following the provisions of this Law and other relevant laws. If pollution is jointly caused by several organizations or individuals, the State administrative body for the environment as stipulated in clause 2 of this article shall be responsible for working with the parties concerned to determine the responsibilities of each party for remedying pollution and rehabilitating the environment.

4. If pollution is caused by a natural disaster or unidentified causes, ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees shall, within the scope of their respective duties and powers, be responsible for mobilizing all resources to respond to and remedy environmental pollution.

5. Remedying of pollution and environmental rehabilitation shall be implemented as directed by the PrimeMinister of the Government in the case of polluted areas covering two or more provinces and cities under a central authority.