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 V

Environmental Protection in Manufacturing, Business, and Services Activities

Article 35 Responsibilities of organizations and individuals for environmental protection in manufacturing, business, and services activities 

1. To comply with the provisions of the law on the protection of the environment. 

2. To take environmental protection measures as stipulated in an approved environmental impact assessment report or a registered environmental protection undertaking, and to comply with environmental standards. 

3. To prevent and restrict adverse impact on the environment caused by the activities of any such organization or individual. 

4. To overcome environmental pollution caused by the activities of any such organization or individual. 

5. To disseminate information to and to educate and enhance awareness of environmental protection by employees working in their manufacturing, business, and services establishments. 

6. To implement the regime of environmental reporting following the provisions of the law on the protection of the environment. 

7. To comply with the regime for checks and inspection of environmental protection. 

8. To pay environmental tax and environmental protection fees. 

Article 36 Environmental protection in respect of concentrated manufacturing, business, and services zones 

1. Economic zones, industrial zones, export processing zones, high-tech zones, groups of industrial establishments, tourist resorts, and entertainment and recreation zones (hereinafter together referred to as concentrated manufacturing, business, and services zones) must satisfy the following requirements concerning environmental protection: 

(a) Comply with the approved master plan for development; 

(b) Plan and arrange functional areas and types of activities in association with environmental protection; 

(c) Implement fully and properly the contents of the approved environmental impact assessment report; 

(d) Have adequate equipment and apparatus for collection of ordinary solid waste and hazardous waste and satisfy the requirements on receipt of waste already classified at source from establishments located within manufacturing, business, and services zones; 

(dd) Have a concentrated system for collection and treatment of wastewater and a system of treatment of gaseous waste to the environmental standards in regular operation; 

(e) Satisfy the requirements regarding environmental landscape and protection of the health of the community and employees; 

(g) Have an environmental monitoring system; 

(h) Have a specialized section with sufficient capacity to perform environmental protection duties. 

2. Industrial zones, export processing zones, high-tech zones, and groups of industrial establishments which are likely to harm the environment must be located at an environmentally safe distance from residential areas and nature conservation zones. 

3. Manufacturing, business, and services projects in concentrated manufacturing, business, and services zones may be commenced only upon satisfaction of all requirements stipulated in clause 1 of this article and after verification and certification of such satisfaction by the competent State body. 

4. The section specializing in environmental protection in concentrated manufacturing, business, and services zones shall have the following duties: 

(a) To inspect and supervise the observance of the requirements for environmental protection by establishments and investment projects in the concentrated manufacturing, business, and services zone;

(b) To manage the system for collection and concentration of ordinary waste and hazardous waste; the concentrated system for treatment of sewage and the system for treatment of gaseous waste; 

(c) To organize the monitoring and assessment of the status of the environment, collate and prepare environmental reports, and submit periodical reports to the provincial level professional body for environmental protection; 

(d) To advise the management board on the resolution of environment-related disputes between projects located in the concentrated manufacturing, business, and services zone. 

5. Provincial people's committees shall be responsible for coordinating with the relevant ministries, ministerial equivalent bodies, and Government bodies in directing and organizing environmental protection in respect of concentrated manufacturing, business, and services zones within localities under their management. 

Article 37 Environmental protection in respect of manufacturing, business, and services establishments 

1. Manufacturing, business, and services establishments must satisfy the following environmental protection requirements: 

(a) Have a system for collection and treatment of wastewater that satisfies environmental standards; Wherewastewater is transferred to a concentrated wastewater treatment system, such establishments must comply with the regulations issued by the organization responsible for the management of the concentrated wastewater treatment system; 

(b) Have adequate means and equipment for collection and storage of solid waste and classify such solid waste at the source; 

(c) Take measures to minimize and treat dust and gaseous waste to satisfy standards before discharging the waste into the environment, ensuring that no gaseous waste, toxic gas, and fumes will be leaked or dispersed into the environment; to limit noise, light, and heat which adversely affects the surrounding environment and employees; 

(d) Ensure adequate resources, facilities, and equipment to prevent and deal with environmental incidents, particularly in the case of manufacturing establishments using chemicals, radioactive substances, inflammable substances, or explosives. 

2. Manufacturing establishments or warehouses in the following cases must not be located within residential areas and must be located at an environmentally safe distance from populated areas: 

(a) They have inflammable substances or explosives; 

(b) They have radioactive substances or high radiation substances; 

(c) They have substances harmful to the health of humans and animals; 

(d) They discharge odor adversely affecting the health of humans; 

(dd) They cause significant pollution to water sources; 

(e) They cause noise or emit dust or gaseous waste above the permissible limits. 

Article 38 Environmental protection in respect of handicraft villages 

1. The planning, building, renovation, and development of handicraft villages must be associated with environmental protection. The State shall encourage the development of zones and groups of industrial establishments and handicraft villages sharing a common system of environmental protection infrastructure facilities. 

2. Provincial people's committees shall be responsible for directing, obtaining statistics on, and assessing the pollution levels in handicraft villages within their localities and for preparing a plan for dealing with the environmental pollution in such handicraft villages by the following measures: 

(a) Renovating, upgrading or building concentrated wastewater collection and treatment systems; 

(b) Building collection sites for ordinary solid waste and hazardous waste, arranging equipment that will satisfy the requirements on waste collection and classification of waste at source for concentrated treatment; 

(c) Formulating planning for zones and groups of industrial establishments and handicraft villages to remove manufacturing establishments that cause serious pollution from residential areas; 

(d) Advertising and disseminating information about new technologies which cause less pollution for application. 

3. Manufacturing establishments in zones and groups of industrial establishments and handicraft villages must comply with the following requirements regarding environmental protection: 

(a) Wastewater must be collected and transferred to a concentrated wastewater treatment system; where such a system is not available, measures must be taken to treat wastewater to the environmental standards before discharge; 

(b) Solid waste must be classified at the source and transported to a collection site for solid waste by the regulations on management of waste; solid waste containing toxic elements must be classified, collected, stored, and treated following the regulations on management of hazardous waste; 

(c) Contributions must be made to a budget for the construction of infrastructure facilities for environmental protection, and environmental protection fees must be paid in full following the law. 

Article 39 Environmental protection in respect of hospitals and other medical facilities 

1. Hospitals and other medical facilities must satisfy the following requirements for environmental protection:

(a) Have a system or take measures to collect and treat medical wastewater and to operate the same regularly and satisfy environmental standards; 

(b) Arrange specialized equipment to classify at source pathological materials and medical garbage; 

(c) Take measures to treat and incinerate pathological materials, medical garbage, and out-of-date medicines to ensure environmental hygiene and standards; 

(d) Have plans, facilities, and equipment to prevent and deal with environmental incidents caused by medical waste; 

(dd) Pre-treat solid waste and wastewater from daily activities of patients to eliminate contagious germs before transfer to a concentrated treatment and incineration establishment. 

2. Hospitals and other medical facilities for the treatment of infectious diseases must be isolated from residential areas and water sources. New hospitals and other medical facilities for the treatment of infectious diseases must not be located in residential areas. 

3. X-ray establishments, medical instruments, and equipment using radioactive substances must satisfy nuclear safety and radiation safety requirements stipulated in article 89 of this Law and the law on nuclear and radiation safety. 

4. Staff of hospitals and other medical facilities engaged in activities involving medical waste must be equipped with protective clothing and equipment to ensure their safety and to protect them from contracting the disease from medical waste. 

5. The Ministry of Health shall preside over co-ordination with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing and organizing statistics on discharging sources and in assessing pollution levels in hospitals and other medical facilities; in devising measures to deal with environmental pollution, and guiding and inspecting the observance of the law on the protection of the environment by hospitals and other medical facilities. 

Article 40 Environmental protection in respect of construction activities 

1. Master planning for construction must comply with the standards and requirements for environmental protection. 

2. Execution of the construction of works must satisfy the following requirements for environmental protection: 

(a) In the case of construction works in residential areas, measures must be taken to ensure that the dispersion of dust, noise, vibration, and light does not exceed permissible limits; 

(b) Construction materials must be transported utilizing transportation that satisfies technical specifications and does not cause any leakage, spillage, or environmental pollution; 

(c) Wastewater, solid waste, and other types of waste must be collected and treated to environmental standards.3. People's committees at all levels and entities in charge of controlling public order may apply measures to deal with owners of project works or means of transportation in breach of the regulations for environmental protection. 

Article 41 Environmental protection in respect of transport and traffic activities 

1. Master planning for traffic must comply with the standards and requirements regarding environmental protection. 

2. Automobiles, motorbikes, and other motor vehicles which are locally manufactured or assembled or which are imported must satisfy gas emission and noise standards and must be inspected and certified by the registration office before commissioning into operation. The Ministry of Transport shall preside over coordination with the Ministry of Natural Resources and Environment in providing guidelines for inspection and certification of satisfaction of environmental standards by automobiles, motorcycles, and other motor vehicles. 

3. Automobiles may be commissioned into operation only after the issuance of a certificate of satisfaction with environmental standards by the Ministry of Transport.

4. Means of transportation used for transportation of raw materials, materials, or waste must be covered when the vehicles join traffic to prevent such materials or waste from spilling and resulting in environmental pollution. 

5. Transportation of goods or materials potentially causing an environmental incident must ensure the following requirements: 

(a) Specialized equipment and means must be used to ensure no leakage or dispersal into the environment; 

(b) A transport permit issued by the competent State body must be obtained; 

(c) The transport route must follow the proper routes and during the hours as stipulated in permits. 

6. The State shall encourage owners of means of transportation of goods that may potentially cause environmental incidents to purchase insurance for liability for damage to the environment. 

Article 42 Environmental protection during importation and transit of goods 

1. Imported machinery, equipment, vehicles, raw materials, fuel, chemicals, and goods must satisfy environmental standards. 

2. The import of the following machinery, equipment, vehicles, raw materials, fuel, chemicals, and goods shall be prohibited: 

(a) Machinery, equipment, and vehicles that fail to satisfy environmental standards; 

(b) Used machinery, equipment, and means of transportation for dismantlement; 

(c) Raw materials, fuel, materials, chemicals, and goods included in the list of goods the import of which is prohibited; 

(d) Machinery, equipment, and vehicles that have been affected by radioactive substances, dangerous microbes, or other poisons and have not yet been cleaned or are not able to be cleaned; 

(dd) Foodstuffs, medicine, animal or crop protection agents with an expired use-by-date or which fail to satisfy the standards on quality, hygiene, and food safety. 

3. After the importation of machinery, equipment, vehicles, raw materials, fuel, chemicals, or goods in the category stipulated in clause 2 of this article, the owner of the goods must reexport, destroy or dispose of such items by the law on management of waste. In the case where a breach causes any serious consequence to the environment, the owner of the goods shall, depending on the nature and seriousness of the breach, be subject to an administrative penalty or prosecution for criminal liability, and must pay compensation for damage by the law. 

4. Transit of goods, equipment, and vehicles that may potentially cause environmental pollution, degradation, or incidents and which are in transit via the territory of Vietnam shall be subject to permission from and environmental supervision by the State administrative body for the environment. 

5. The Ministry of Trade shall preside over coordination with the Ministry of Natural Resources and Environment, the Ministry of Finance, relevant ministries, ministerial equivalent bodies, and Government bodies in providing guidelines for implementation of requirements concerning environmental protection during importation and transit of goods. 

Article 43 Environmental protection during the importation of waste materials 

1. Imported waste materials must satisfy the following requirements concerning environmental protection: 

(a) Have been sorted and cleaned and not mixed with materials, articles, and goods prohibited from import by the law of Vietnam or treaties of which the Socialist Republic of Vietnam is a member; 

(b) Not contain hazardous waste and impurities, except for loose and harmless impurities expelled during loading, unloading, and transportation; 

(c) Be on the list of waste materials permitted for import as issued by the Ministry of Natural Resources and Environment. 

2. Organizations and individuals using waste materials as raw materials in manufacturing or reprocessing must satisfy all of the following conditions for issuance of a permit to import the waste materials: 

(a) Have separate warehouses and yards for storage of waste materials that satisfy environmental protection conditions; 

(b) Be capable of treating impurities accompanying imported waste materials; 

(c) Have technology and equipment for reprocessing and reusing waste materials that satisfy the environmental standards. 

3. Organizations and individuals importing waste materials shall have the following responsibilities: 

(a) To implement the law on the protection of the environment and other relevant laws; 

(b) At least five days before loading or unloading waste materials, notify in writing the type, quantity, and weight of waste materials, the border gate of importation, the route of transportation, the warehouse or yard for storage of waste materials, and the place of manufacture which will use the waste materials to the provincial level State administrative body for environmental protection of the place where the manufacturing establishment, warehouse or yard for storage of waste materials is located; 

(c) To treat impurities accompanying imported waste materials and not to dispose of or sell such impurities. 

4. Provincial people's committees shall have the following responsibilities: 

(a) To supervise, detect, stop promptly and deal with breaches of the law relating to the importation of waste materials; 

(b) Annually, to report to the Ministry of Natural Resources and Environment on the situation of importation and use of waste materials and environmental issues relating to imported waste materials within their localities. 

5. The importation of waste materials is a conditional business. The Ministry of Trade shall preside over coordination with the Ministry of Natural Resources and Environment in issuing regulations on business criteria and conditions applicable to organizations and individuals engaged in the importation of waste materials. 

Article 44 Environmental protection during mineral activities 

1. Organizations and individuals prospecting for, exploring for, mining and processing minerals must take measures to prevent and respond to environmental incidents and comply with the following requirements concerning environmental protection and rehabilitation: 

(a) Collect and treat wastewater to environmental standards; 

(b) Collect and treat solid waste by regulations on ordinary solid waste management, and manage hazardous waste by regulations on hazardous waste management; 

(c) Take measures to prevent and limit hazardous dust and gas being discharged into the surrounding environment; 

(d) Rehabilitate the environment after completion of mineral prospecting, exploration, mining, and processing activities. 

2. Minerals must be stored and transported in specialized equipment and securely covered to avoid dispersal into the environment. 

3. The use of machinery, equipment, and toxic chemicals in mineral prospecting, exploration, mining, and processing shall require a technical certificate and be subject to inspection and supervision by the State administrative body for environmental protection. 

4. Prospecting, exploration, mining, transportation, and processing of petroleum and other minerals containing radioactive elements or toxic substances must comply with regulations on chemical safety and nuclear and radiation safety, and other regulations on the protection of the environment. 

5. The Ministry of Industry shall preside over co-ordination with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing the collection of statistics on discharging sources and assessment of the levels of environmental pollution caused by mineral mining and processing establishments; and shall supervise compliance with the law on the protection of the environment. 

Article 45 Environmental protection during tourism activities 

1. Organizations and individuals managing and operating tourist resorts and sites must take the following environmental protection measures: 

(a) To list environmental protection rules at tourist resorts and sites and to guide the observance thereof; 

(b) To install sanitary facilities and waste containers and arrange them reasonably and adequately; 

(c) To appoint employees to maintain environmental sanitation. 

2. Tourists must comply with the following provisions: 

(a) Observe environmental protection rules and instructions in tourist resorts and sites; 

(b) Discard waste into waste containers at prescribed places; 

(c) Not to litter tourist sites; 

(d) Not to harm the landscape, nature conservation zones, natural heritage sites, and living creatures in tourist resorts and sites. 

3. The central State administrative body for tourism shall preside over coordination with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising environmental protection work during tourist activities by the provisions of this Law and other relevant laws. 

Article 46 Environmental protection during agricultural production 

1. Organizations and individuals producing, importing, and trading in fertilizers, plant protection agents, and veterinary drugs must comply with the law on the protection of the environment and other relevant laws. 

2. The trading and use of plant protection agents and veterinary drugs with an expired use-by-date or those, not on permitted lists shall be prohibited. 

3. Fertilizers, plant protection agents, and veterinary drugs with an expired use-by-date; and tools and packages which contained fertilizers, plant protection agents, and veterinary drugs must be disposed of after use following the regulations on waste management regulations. 

4. Concentrated animal husbandry farms must comply with the following requirements concerning environmental protection: 

(a) Ensure environmental sanitation for residential areas; 

(b) Have a wastewater collection and treatment system to environmental standards; 

(c) Manage solid waste discharged from animal husbandry activities by regulations on waste management and not disperse such waste into the environment; 

(d) Clean routinely stables and farms; ensure the prevention and combating of epidemics; 

(dd) Manage carcasses of animals the death of which was caused by an epidemic following regulations on hazardous waste management, hygiene, and disease prevention. 

5. The Ministry of Agriculture and Rural Development shall preside over coordination with the Ministry of Natural Resources and Environment and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment during agricultural production.

Article 47 Environmental protection during aquaculture 

1. Organizations and individuals producing, importing, and trading in veterinary drugs and chemicals used in aquaculture must comply with the law on the protection of the environment and other relevant laws. 

2. The use of veterinary drugs or chemicals with an expired use-by-date or those not on permitted lists shall be prohibited. 

3. Veterinary drugs and chemicals used in aquaculture with an expired use-by-date; packages of veterinary drugs or chemicals that have been used in aquaculture; and mud and residual feed dredged from aquaculture ponds must be collected and disposed of following the regulations on waste management. 

4. Concentrated aquaculture zones must conform with planning and satisfy the following requirements concerning environmental protection: 

(a) Waste must be collected and treated to environmental standards on waste; 

(b) The environment must be rehabilitated after completion of aquaculture farming; 

(c) Environmental sanitation and aquatic resources disease prevention conditions must be ensured; toxic or toxin-accumulating chemicals must not be used. 

5. Concentrated aquaculture farms must not be built on the alluvial ground currently taking shape in estuaries or coastal areas, and submerged forests must not be destroyed for aquaculture. 

6. The Ministry of Marine Products shall preside over coordination with the Ministry of Natural Resources and Environment and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment during aquaculture.

Article 48 Environmental protection during burial services activities 

1. Burial and gravesites must satisfy the following requirements: 

(a) Be located in an area and at a distance satisfying environmental sanitation and landscape conditions of residential areas; 

(b) Not pollute sources of water for daily life and use in manufacturing. 

2. The lying-in-state, embalmment, transportation, and burial of corpses and remains must satisfy environmental sanitation requirements. 

3. The burial of persons who died as the result of a dangerous epidemic must comply with regulations of theMinistry of Health. 

4. The State shall encourage communities and people to bury their dead in already planned graveyards and cemeteries; to practice hygienic cremation, and abandon burial practices that cause pollution. 

5. Organizations and individuals providing burial services must comply with the law on the protection of the environment, the law on hygiene, and the law on prevention of epidemics. 

6. The Ministry of Health shall preside over coordination with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing and guiding environmental protection work during burial services as stipulated in this article. 

Article 49 Dealing with manufacturing, business, and services establishments that cause pollution 

1. The following forms of dealing with breaches shall apply to organizations and individuals carrying out manufacturing, business, or services activities and causing environmental pollution: 

(a) A fine and compulsory application of measures to minimize and treat waste to environmental standards; 

(b) Suspension from operation until the necessary environmental protection measures are applied; 

(c) Other forms stipulated in the law on dealing with administrative offenses; 

(d) In the case of loss of human life, damage to human health, loss of property, or harm to the lawful interests of organizations or individuals due to environmental pollution, compensation must be paid following the provisions in Section 2 of Chapter XIV of this Law or the offender shall be criminally prosecuted. 

2. Manufacturing, business, and services establishments causing serious pollution shall, in addition to being dealt with by the forms of penalty stipulated in clause 1 of this article, also be subject to one of the following measures: 

(a) Compulsory application of measures to remedy environmental pollution and to rehabilitate the environment as stipulated in article 93 of this Law; 

(b) Compulsory relocation to a place at a distance from residential areas and consistent with the burden-bearing capacity of the environment; 

(c) Prohibition from the operation. 

3. The responsibility and authority for dealing with manufacturing, business, and services establishments causing pollution or serious pollution shall be regulated as follows: 

(a) Provincial level specialized environmental protection bodies shall be responsible for detecting and annually making a list of polluting or seriously polluting establishments within their respective localities, and for reporting same to the people's committee at the same level, to the Ministry of Natural Resources and environment, and relevant ministries, ministerial equivalent bodies, and Government bodies; 

(b) Provincial people's committees shall make decisions on dealing with manufacturing, business, and services establishments causing pollution within their localities following their authority, including delegation of authority by the Prime Minister of the Government; 

(c) Ministers, heads of ministerial equivalent bodies, and Government bodies shall be responsible for coordinating with provincial people's committees in making decisions on dealing with manufacturing, business, and services establishments under their management causing pollution; 

(d) The Ministry of Natural Resources and Environment shall preside over coordination with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in submitting to the PrimeMinister of the Government for his decision a list of establishments causing serious environmental pollution on a scale beyond the authority of such bodies to deal with breaches. 

4. Ministers, heads of ministerial equivalent bodies and Government bodies, and chairmen of people's committees at all levels shall, within the scope of their respective duties and powers, be responsible for dealing with manufacturing, business, and services establishments causing pollution as stipulated in clauses 1 and 2 of this article. 

5. Decisions on dealing with manufacturing, business, and services establishments causing serious pollution must be notified to district and commune-level people's committees of the places where such establishments are located and must be made public for supervision by the people. 

6. The Ministry of Natural Resources and Environment shall provide specific guidelines for inspection and supervision of dealing with manufacturing, business, and services establishments causing pollution. 

7. The State shall encourage all organizations and individuals to develop technology for the treatment of environmental pollution, and shall provide assistance from the State Budget, land funds, preferential credit, and other resources for dealing with establishments causing serious environmental pollution.