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CHAPTER XIII

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 XIII

 Responsibilities of State Administrative Bodies and Vietnam Fatherland Front

and its Member Organizations for Protection of the Environment


Article 121 Responsibilities of ministries, ministerial equivalent bodies, and Government bodies for State administration of protection of the environment

1. The Government shall exercise unified administration of protection of the environment nationwide.

2. The Ministry of Natural Resources and Environment shall be responsible before the Government for exercising State administration of protection of the environment, and shall have the following duties:

(a) To submit to the Government for promulgation, or to promulgate following its authority, legal instruments on the protection of the environment;

(b) To submit to the Government for a decision on national policies, strategies, and plans for the protection of the environment;

(c) To assume the primary responsibility for resolving, or to propose the Government or the Prime Minister of the Government resolve, inter-industry or inter-provincial environmental issues;

(d) To formulate and issue systems of environmental standards following regulations of the government;

(dd) To direct the construction and management of the national environmental monitoring system and to exercise unified administration of environmental monitoring data;

(e) To direct and organize the assessment of the national environment status to serve the formulation of environmental protection policies and solutions;

(g) To exercise nationwide unified administration of the evaluation and approval of strategic environmental assessment reports and environmental impact assessment reports and registration of environmental protection undertakings; to organize the evaluation of strategic environmental assessment reports; to organize the evaluation and approval of environmental impact assessment reports within its authority; to guide the registration of environmentally-friendly establishments and products and to issue certificates of satisfaction of environmental standards;

(h) To guide, supervise, inspect and deal with breaches of the law on the protection of the environment; to resolve disputes, complaints, denunciations, and petitions related to environmental protection following the law on complaints and denunciations and other relevant laws;

(i) To propose to the Government participation in international organizations and accession to treaties on environmental protection; to take the primary responsibility for activities of international cooperation with other countries and international organizations concerning the protection of the environment;

(k) To direct and supervise the observance of the law on the protection of the environment by people's committees at all levels;

(l) To satisfy environmental protection requirements in national land-use zoning, plans and national strategy on water resources, integrated planning on interprovincial river basins, and the national master plan on the basic inventory, exploration, mining, and processing of minerals.

3. The Ministry of Planning and Investment shall preside over co-ordination with ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in ensuring that requirements concerning environmental protection are satisfied in socio-economic development strategies, in master plans, and plans of the whole country, and regional and important projects and works within the decision-making authority of the National Assembly, the Government and the Prime Minister of the Government.

4. The Ministry of Agriculture and Rural Development shall preside over coordination with the Ministry of Natural Resources and Environment and relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment and other relevant laws during the manufacture, importation and use of chemicals, plant protection agents, fertilizers and agricultural waste; during the management of genetically modified plant varieties and livestock breeds and products thereof; and during the management of dyke and irrigation systems, of forest conservation zones and clean water for daily living in rural areas.

5. The Ministry of Industry shall preside over coordination with the Ministry of Natural Resources and environment and relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment and other relevant laws by industries, in dealing with seriously polluting industrial establishments under their management, and in directing the development of environmental engineering industry.

6. The Ministry of Marine Products shall preside over coordination with the Ministry of Natural Resources and Environment and relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment and other relevant laws during aquaculture; during exploitation and processing of aquatic resources, genetically modified aquatic organisms and products thereof; and in marine conservation zones.

7. The Ministry of Construction shall preside over coordination with the Ministry of Natural Resources and Environment and relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment and other relevant laws during the construction of infrastructure works of water supply and drainage, of solid and liquid waste treatment facilities in urban centers, of concentrated manufacturing and services zones, of establishments which manufacture building materials, and of handicraft villages and concentrated rural residential areas.

8. The Ministry of Transport shall preside over coordination with the Ministry of Natural Resources and Environment and relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in directing, guiding, and supervising the observance of the law on the protection of the environment and other relevant laws during the construction of transportation infrastructure works and transport activities.

9. The Ministry of Health shall direct, guide, and supervise the management of medical waste and environmental protection work in medical establishments, food safety, hygiene, and burial services.

10. The Ministry of Defence and the Ministry of Police shall mobilize forces to respond to environmental incidents and remedy their consequences; and shall direct, guide, supervise and inspect environmental protection work in the armed forces under their management.

11. Other ministries, ministerial equivalent bodies, and Government bodies shall perform tasks as stipulated in this Law and shall co-ordinate with the Ministry of Natural Resources and Environment in directing, guiding, and supervising the observance of the law on the protection of the environment within the scope of their management.


Article 122 Responsibilities of people's committees at all levels for State administration of protection of the environment

1. Provincial people's committees shall be responsible for exercising State administration of protection of the environment within their localities following the following provisions: 

(a) To promulgate following their authority regulations, mechanisms, policies, programs, and plans on the protection of the environment;

(b) To direct and organize the implementation of strategies, programs, plans, and tasks for the protection of the environment;

(c) To direct the construction and management of local environmental monitoring systems; 

(d) To direct periodical assessments of the status of the environment; 

(dd) To organize the evaluation and approval of environmental impact assessment reports within their authority; 

(e) To organize propaganda and education about the law on the protection of the environment; 

(g) To supervise, inspect and deal with breaches of the law on the protection of the environment; to resolve disputes, complaints, denunciations, and petitions related to environmental protection following the law on complaints and denunciations and other relevant laws; and to co-ordinate with other provincial people's committees in dealing with inter-provincial environmental issues. 

2. District people's committees shall be responsible for exercising State administration of protection of the environment within their localities following the following provisions: 

(a) To promulgate following their authority regulations, mechanisms, policies, programs, and plans on the protection of the environment; 

(b) To direct and organize the implementation of strategies, programs, plans, and tasks for the protection of the environment; 

(c) To organize the registration and supervise the implementation of environmental protection undertakings; 

(d) To organize propaganda and education about the law on the protection of the environment;(dd) To supervise, inspect and deal with breaches of the law on the protection of the environment; to resolve disputes, complaints, denunciations, and petitions related to environmental protection following the law on complaints and denunciations and other relevant laws; 

(e) To co-ordinate with other district people's committees in dealing with inter-district environmental issues; 

(g) To perform tasks of State administration of protection of the environment as authorized by provincial State administrative bodies in charge of protection of the environment; 

(h) To direct commune people's committees in exercising State administration of protection of the environment. 

3. Commune people's committees shall be responsible for exercising State administration of protection of the environment within their localities following the following provisions: 

(a) To direct, plan and organize the performance of environmental protection tasks, to maintain environmental sanitation in communes and residential areas under their management; to mobilize the people to include environmental protection rules in community codes; to guide the use of environmental protection criteria for recognition of the title of the cultured village or hamlet and cultured family; 

(b) To supervise the observance of the law on the protection of the environment by households and individuals; 

(c) To detect and deal with breaches of the law on the protection of the environment or to report breaches to the superior State administrative body for the protection of the environment;(d) To conciliate environment-related disputes arising in their communes following the law reconciliation; 

(dd) To manage environmental sanitation and environmental protection activities in villages, hamlets, street groups, and self-managing organizations. 


Article 123 Specialized environmental protection bodies and environmental protection officials 

1. Ministries, ministerial equivalent bodies, and Government bodies shall establish specialized environmental protection bodies or sections to conduct the environmental protection tasks of industries and sectors assigned to such ministries, ministerial equivalent bodies, and Government bodies for management. 

2. Provinces and cities under central authority, rural districts, urban districts, townships, and provincial cities shall establish specialized environmental protection bodies or sections to assist the people's committee of the same level in managing the environment within its locality. 

3. Commune people's committees shall appoint officials in charge of environmental protection. 

4. State corporations, economic groups, management boards of industrial zones, export processing zones, high-tech zones, economic zones, and manufacturing, business, and services establishments that discharge hazardous waste or face potential environmental incidents must establish a specialized section or appoint staff in charge of environmental protection. 

5. The Government shall provide regulations on the organization and operation of the specialized environmental protection bodies stipulated in clauses 1 and 2 of this article.


Article 124 Responsibilities of Vietnam Fatherland Front and its member organizations 

1. The Vietnam Fatherland Front and its member organizations shall, within the scope of their respective duties and powers, educate and mobilize their members and the people to participate in environmental protection activities; and shall supervise the observance of the law on the protection of the environment. 

2. State administrative bodies for the protection of the environment at all levels shall create conditions for the Vietnam Fatherland Front and its member organizations to participate in environmental protection activities.

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