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CHAPTER X

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 X

Environmental Monitoring and Information 


Article 94 Environmental monitoring

1. Environmental status and environmental impact shall be supervised according to the following environment monitoring programs:

(a) National environmental status monitoring;

(b) Monitoring of environmental impact exerted by activities of industries and sectors;

(c) Monitoring of environmental status by provinces and cities under central authority;

(d) Monitoring of environmental impact exerted by activities of manufacturing, business and services establishments, and concentrated manufacturing, business, and services zones.

2. Environmental monitoring responsibilities shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall organize national environment status monitoring;

(b) Ministries, ministerial equivalent bodies, and Government bodies shall organize the monitoring of environmental impact exerted by activities of industries and sectors under their management;

(c) Provincial people's committees shall organize monitoring of the environment status within their localities;

(d) Managers or operators of manufacturing, business, and services establishments and concentrated manufacturing, business, and services zones shall organize the monitoring of environmental impact exerted by their establishments.


Article 95 Environmental monitoring systems

1. An environmental monitoring system shall consist of:

(a) Sampling and surveying stations for environmental monitoring;

(b) Laboratories, sample analysis centers, environmental monitoring data management, and processing centers.

2. Environmental monitoring systems must be planned and constructed synchronously and must satisfy requirements for providing information in service of environmental management and protection.

3. Organizations and individuals with the adequate professional capability and technical equipment shall be permitted to participate in environmental monitoring.


Article 96 Planning of environmental monitoring system

1. Planning of environmental monitoring systems shall comprise the following items:

(a) Investigation and research to identify objects to be monitored and data to be collected for environmental protection;

(b) Identification of the number, arrangement, size, and functions of environmental sampling stations;

(c) Arrangement of the equipment system for use in environmental monitoring;

(d) Schedule and resources for implementation;

(dd) Training of human resources capable of performing environmental monitoring tasks.

2. The responsibilities for planning and approval of planning for environment monitoring systems shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall formulate a national environment monitoring master plan and submit it to the Prime Minister of the Government for approval; and shall direct the uniform collection and management of environmental monitoring data;

(b) Provincial level specialized environmental protection bodies shall prepare plans on environmental monitoring networks within their localities and submit them to the people's committee of the same level for approval;

(c) Organizations and individuals managing concentrated manufacturing, business, and services zones shall organize the construction and management of environmental monitoring networks in areas under their management.


Article 97 Environmental monitoring programs

1. Environmental monitoring programs shall include programs on environment status monitoring and programs on monitoring of the environmental impact exerted by socioeconomic activities. Environmental monitoring programs must be implemented consistently and synchronously.

2. An environment status monitoring program shall cover the following activities:

(a) Taking periodical samples for analysis and forecast of changes in soil, water, and air quality;

(b) Tracking changes in quantity, composition, and status of natural resources;

(c) Tracking changes in quality, quantity, composition, and status of ecosystems, species, and gene sources.

3. An environmental impact monitoring program shall cover the following activities:

(a) Tracking quantity, status, and changes in adverse impact sources;

(b) Tracking changes in quantity, composition, and toxicity of solid waste, gases, and wastewater;

(c) Detecting and assessing the cross-border impact on the domestic environment.

4. The Ministry of Natural Resources and Environment shall guide the planning and organization of environmental monitoring programs.


Article 98 Environmental indicators

1. Environmental indicators mean basic parameters reflecting distinct elements of the environment to serve in the assessment of environmental quality, tracking of changes in environmental quality, and the making of environmental status quality reports.

2. The Ministry of Natural Resources and Environment shall issue a set of national environmental indicators for nationwide application.


Article 99 Provincial level environmental status reports

1. The contents of a provincial-level environmental status report shall include:

(a) Status and changes in quality of soil environment;

(b) Status and changes in quality of water environment;

(c) Status and changes in quality of air environment;

(d) Status and changes in quantity, state, and quality of natural resources;

(dd) Status and changes in quality and state of ecosystems; and quantity and composition of species and gene sources;

(e) Status of the environment of urban centers, concentrated residential areas, concentrated manufacturing, business and services zones, and handicraft villages;

(g) Areas with a polluted and degraded environment, and a list of seriously polluting establishments;

(h) Urgent environmental problems and their main causes;

(i) Measures to remedy environmental pollution and degradation and to improve the environment;

(k) Assessment of local environmental protection activities;(l) Plans, programs, and measures to satisfy environmental protection requirements.

2. Once every five years, provincial people's committees shall prepare environmental status reports following the period for preparation of local socio-economic development plans and submit them to the people's council of the same level and report them to the Ministry of Natural Resources and Environment.


Article 100 Environmental impact reports by industries and sectors

1. The contents of environmental impact reports by industries and sectors shall include:

(a) Status, quantity, and development of adverse impact sources;

(b) Status, development, composition, and degree of hazard of wastes listed by industry and sector;

(c) List of seriously polluting establishments and how they are being dealt with;

(d) Assessment of environmental protection by industries and sectors;

(dd) Predicted challenges to the environment;

(e) Plans, programs, and measures to satisfy requirements concerning environmental protection.

2. Once every five years, ministries, ministerial equivalent bodies, and Government bodies shall prepare environmental impact reports of the industries and sectors under their management for the same five year period for which master plans are prepared, and submit such environmental impact reports to the Ministry of Natural Resources and Environment.


Article 101 National environment reports

1. The contents of a national environment report shall include:

(a) Environmental impact exerted by activities of industries and sectors;

(b) Status of the national environment and urgent environmental problems;

(c) Assessment of the implementation of environmental protection policies and laws, management, and measures;

(d) Predicted challenges to the environment;

(dd) Plans, programs, and measures to satisfy requirements concerning environmental protection.

2. Once every five years, the Ministry of Natural Resources and Environment shall prepare a national environment report following the planning period for national socio-economic development and submit it via the Government to the National Assembly; and the Ministry of Natural Resources and Environment shall also make annual specialized environment reports.


Article 102 Environmental statistics and archiving of environmental data and information

1. Environmental data from environmental monitoring programs must be collected and archived to serve environmental management and protection work.

2. The collection and archiving of environmental data shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall co-ordinate with the central State body for statistics in developing a database on the national environment;

(b) Ministries, ministerial equivalent bodies, and Government bodies shall collect and archive environmental data of industries and sectors under their management;

(c) People's committees at all levels shall collect and archive environmental data from their localities;

(d) Managers or operators of manufacturing, business, and services establishments, or concentrated manufacturing, business, and services zones shall collect and archive data on environmental impact, discharge sources, and waste discharged from their activities.

3. Ministries, ministerial equivalent bodies, Government bodies, and people's committees at all levels shall develop environmental data collection, processing, synthesis, and storage systems and shall apply information technology in collecting and archiving environmental data.


Article 103 Publication and supply of information on the environment

1. Organizations and individuals managing concentrated manufacturing, business, and services zones, and owners of manufacturing, business, and services establishments being required to prepare environmental impact assessment reports shall report information about the environment under their management to provincial level specialized environmental protection bodies.

2. Other manufacturing, business, and services establishments than those stipulated in clause 1 of this article shall supply information about the environment and their activities to district level specialized environmental protection bodies or to commune-level environmental protection officials in the places where they operate and shall make public information about the environment to local communities.

3. Specialized environmental protection bodies at all levels shall report information about the environment of their localities to their immediately superior body and shall publish essential information about the environment on a periodical basis or upon request.

4. Ministries, ministerial equivalent bodies, and Government bodies shall provide periodically to the Ministry of Natural Resources and Environment and the central State body statistical information about the environment relating to industries and sectors under their management.


Article 104 Publication of information and data on the environment

1. The following information and data about the environment, except that classified as State secrets, must be made public:

(a) Environmental impact assessment reports, decisions approving environmental impact assessment reports, and plans for implementation of such decisions;

(b) Registered environmental protection undertakings;

(c) Lists and information on discharge sources and wastes harmful to human health and the environment;

(d) Areas with serious and particularly serious environmental pollution and degradation; areas prone to environmental incidents;

(dd) Planning for waste collection, recycling, and treatment;

(e) Provincial level environmental status reports, environmental impact reports of industries and sectors, and national environment reports.

2. Information must be made public in forms easily accessible by organizations and individuals concerned.

3. Any entity publishing information about the environment shall be responsible before the law for the accuracy, truthfulness, and objectivity of such information.


Article 105 Exercise of grassroots democracy in the protection of the environment

1. Organizations and individuals managing concentrated manufacturing, business, and services zones; owners of manufacturing, business, and services establishments; and professional organizations and staff in charge of protection of the environment shall inform the people and the employees in their manufacturing, business, and service establishments of the environmental situation, of measures to prevent and restrict adverse environmental impact and of measures to remedy environmental pollution and degradation in one of the following forms:

(a) Meetings with the people and employees;

(b) Written notices and announcements.

2. Dialogue about environmental issues must be held in the following cases:

(a) At the request of parties seeking a dialogue;

(b) At the request of State administrative bodies for the protection of the environment at all levels;

(c) In response to complaints, denunciations, and legal proceedings initiated by organizations and individuals.

3. Responsibilities for explanation and dialogue about environmental issues shall be regulated as follows:

(a) The party requesting a dialogue must send in advance to the requested party the issues which require explanation or discussion;

(b) Within five working days after the date of receipt of a request, the requested party must prepare a reply or explanation;

(c) If a State administrative body for the protection of the environment requests a dialogue to be organized, the parties concerned must comply with such request.

4. Dialogue about environmental issues shall be held following the provisions of law and under the chairmanship of the people's committee or specialized environmental protection body.

5. The results of dialogue, including opinions and agreements, must be recorded in minutes serving as a basis for the responsible parties to monitor or deal with breaches of the law on the protection of the environment and to arrange compensation for environmental damage.

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