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GOVERNMENT     SOCIALIST REPUBLIC OF VIETNAM
No. 175/CP     Independence-Freedom-Happiness

               Hanoi, 18 October 1994

GOVERNMENT DECREE

on providing Guidance for the Implementation of the Law on
Environmental Protection

THE GOVERNMENT

- Pursuant to the Law on Organisation of the Government
dated September 30, 1992;

- Pursuant to the Law on Environmental Protection dated
December 27, 1993;

- On the proposal of the Minister of Science, Technology and
Environment

DECREES:

Chapter I

General Provisions

Article 1:

This Decree shall make detailed stipulations for the
implementation of Law on Environmental Protection passed by
the National Assembly of the Socialist Republic of Vietnam
on December 27, 1993 and announced by Decision No. 29L/CTN
dated January 10, 1994 of the President of State.

Article 2:

The Provisions of this Decree are applied to all activities
of all Vietnamese organisations, individuals and all foreign
organisations and individuals living and working on the
territory of the Socialist Republic of Vietnam as prescribed
in the Law on Environmental Protection.

Article 3:

Those provisions on environmental protection relating to
international relations have to be implemented in accordance
with provisions of Law on Environmental Protection with
other relevant provisions of the Vietnamese Law and of the
international treaties signed or participated by Vietnam.

In the case the provisions of international treaties
signed or participated by Vietnam are different from those
of this decree, the provisions of those international
treaties shall be applied.

Chapter II

Distribution of responsibility of state management on
environment protection; responsibility of organisations and
individuals for environment protection

Article 4:

1) The Ministry of Science, Technology and Environment
undertakes the integrated State management on environmental
protection on a nation-wide scale and bears responsibility
to organise and direct activities of environmental
protection within its functions and duties such as:

a. To work out and present to the government to promulgate
in accordance with its authority the legal documents on
environmental protection;

b. To work out strategies and policies of environmental
protection and present them to the Government for
promulgation;

c. To preside over the drafting process, to present
documents to the Government for decision and to coordinate
in organising implementation of long-term and yearly plans
on preventing, resisting and overcoming environmental
deterioration, pollution, incidents and on the projects of
environmental protection and projects relating to
environmental protection.

d. To organise, construct and manage a general system of
experimental observation of the environment;

e. To access the environmental status quo of the whole
country and to periodically report to the Government and the
National Assembly on its findings;

f. To appraise the reports on assessment on environmental
effects of the projects and local units as prescribed in
Chapter III of this Decree;

g. To conduct research work and provide guidance of the
application of scientific and technological advances in the
field of environmental protection; to organise the formation
and application of a system of environmental standards; to
issue, withdraw certificates acknowledging environmental
standards; to organise training courses for environmental
scientists and cadres of environmental management and
protection;

h. To provide guidance and to inspect other branches,
localities, organisations and individuals on the
implementation of the Law on Environmental Protection; to
organise environmental inspections; to handle complaints and
charges relating to environmental protection within its
scope of authority;

i. To present to the Government all proposals on the
participation of international organisations, the signing or
participating of international treaties on environmental
protection, to carry out activities relating to
environmental protection.

2. The Environmental Department bears the responsibility for
assisting the Minister of Science, Technology and
Environment to perform the function of state management of
environmental protection on a nation-wide scale.

The tasks, powers, and organisation of the Environment
Department shall be stipulated by the Minister of Science,
Technology and Environment.

Article 5:

1. The Ministries, Ministerial ranking bodies and offices
belonging to the Government, according to their scope of
responsibilities and in accordance 3ith the provisions of
the Law on Environmental Protection, such as:

a. To draft and propose the Government to issue in
accordance with its authority, the legal documents of
environmental protection within their scope of
responsibilities and in accordance with the provisions of
the Law on Environmental Protection.

To Work out their own strategies and policies of
environmental protection in accordance with the general
strategy and policy of environmental protection of the whole
country.

b. To direct and inspect the implementation of the
provisions of the Law, the plans and measures of
environmental protection in accordance with the guidance of
the Ministry of Science, Technology and Environment within
their own branches and the units under their own direct
management.

c. To manage their own branches' projects relating to
environmental protection.

d. To coordinate in appraising the reports on assessment of
environmental effects of the projects, the production,
business units in accordance with the provisions in Chapter
III of this Decree.

e. To handle the disputes, claims, charges and to propose
measures to deal with violations of environmental protection
within the authority of the Law.

2. The Ministries, Ministerial ranking bodies, offices
belonging to the Government coordinate with the Ministry of
Science, Technology and Environment to conduct the following
activities:

a. To investigate, observe, study and assess the current
environmental situation within their own branches.

b. To draft and present proposals to the Government for
decision and to organises the implementation of plans on
preventing, resisting and overcoming environmental
deterioration, pollution and incidents within their own
branches.

c. To study and apply the scientific and technological
advances in the field of environmental protection within
their own branches.

d. To educate, propagandise and spread the knowledge, laws
on environmental protection within their own branches.

Article 6:

1. The People's Committees of provinces and cities under
Central Government bear responsibilities for the
implementation of state management on environmental
protection, such as:

a. To issue, in accordance with their authorities, legal
documents of environmental protection in their localities.

b. To direct and inspect the implementation of the state and
local regulations on environmental protection within their
own localities.

c. To appraise the reports on assessment of environmental
effects of the projects and local units as prescribed in
Chapter III of this Decree.

d. To issue and withdraw certificates acknowledging
environmental standards of the production business
enterprises.

e. To coordinate with the Central offices in examining,
inspecting and dealing with violations of law on
environmental projection in their localities, to remind
other organisations and individuals to realise the
provisions of Law on Environmental Protection.

f. To receive and handle the disputes, complaints, charges
and proposal on environmental protection in their own
assigned powers or forward to the authoritative offices for
settlement.

2. The provincial Department of Science, Technology and
Environment are responsible before the People's Committees
of the provinces and cities under Central Government for the
implementation of state management environmental protection
in their localities.

The tasks, powers and machinery organisation of the
provincial Department of Science, Technology and Environment
are stipulated by People's Committees of the provinces and
cities under Central Government in accordance with the
guidance of the Ministry of Science, Technology and
Environment.

Article 7:

The state offices and mass associations of people bear the
following responsibilities in environmental protection:

1. To assure strict implementation, within their offices and
associations, of all the regulations of the law, of the
Central offices and local authorities on environmental
protection.

2. To propagandise and educate so as to raise the sense of
responsibility of each member of the offices and
associations on environmental protection.

3. Within their own scopes of responsibility and powers to
inspect, educate and observe the implementation of the laws
on environmental protection, to timely discover and report
violations of laws on environmental protection to
authoritative offices for settlement.

Article 8:

All production and business organisations have to strictly
comply with the provisions of laws on:

1. Assessing environmental impact; assuring the correct
implementation of environmental standards; preventing,
resisting and overcoming environmental deterioration,
pollution and incidents.

2. Contributing finance to the cause of environmental
protection and compensating for damages resulting from
detrimental acts to the environment, as prescribed by law.

3. Providing complete documents and creating favourable
conditions for inspecting delegations or inspectors while
they are conducting their missions; complying with the
decisions of the inspecting delegations or inspectors.

4. Conducting propaganda and educational operations to raise
the conscience of cadres and workers in environmental
protection; periodically reporting to the offices in charge
of state management of environmental protection in their
localities on the current situation of environment in their
operating areas.

Chapter III

Assessment of environmental impact

Article 9:

The investors, project managers or directors of the offices
and enterprises ... belonging to the following areas have to
conduct assessment of environmental impact:

1. The overall strategies for regional development, 
strategies and plains for development of provinces and
cities under central government, strategies for urban and
population development;

2. The economic, scientific, health care, cultural, social,
security and defence projects;

3. Projects being carried out on the territory of Vietnam
with the funds invested, assisted, granted or contributed by
foreign organisations or individuals or international
organisations.

4. The projects mentioned in items 1, 2 and 3 of this
article being approved before January 10, 1994 but not yet
assessed environmental impact as required;

5. The economic, scientific, health care, cultural, security
and defence units that have been operating before January
10, 1994.

Article 10:

1. The scope for assessing environmental impact includes:

a. To assess the current situation of the environment in the
operating area of the project or unit.

b. To assess impact occurring to the environment as a result
of the activities of the project or unit.

c. To present measures for environmental resolution.

2. All the contents mentioned in this Article are presented
in a form of a separate report called Report of Assessment
on Environmental Impact.

Article 11:

1. For the objects mentioned in items 1, 2, 3 and 4 of
Article 9, the formation of reports of assessment on
environmental impacts shall be conducted in two stages:
Preliminary and Detailed (the objects exclusively mentioned
in item 4 have to make detailed assessment only).

The contents of the report of preliminary assessment on
environmental impact are stipulated in Appendix I.2.

2. For the objects mentioned in item 5 of Article 9, the
contents of a report of assessment on environmental impact
are stipulated in Appendix I.3.

Article 12:

1. The methods used to assess environmental impact must be,
by their nature, scientific, practical and in accordance wit
the current international standards.

2. Reports of assessment on environmental impact must be
made by offices with adequate professional expertise and
facilities.

3. All organisations and units have to use Vietnamese
environmental standards to prepare reports of assessment on
environmental impact. Those fields whose environmental
standards have not been set up, have to get agreement, in
the form of documentation, from offices in charge of state
management on environmental protection.

Article 13:

A dossier for appraising a report of assessment on
environmental impact includes:

1. For those objects mentioned in items 1, 2, 3 and 4 of
Article 9:

a. A report of assessment in environmental impact.

b. Dossier of the project and related appendices.

2. For those objects mentioned in item 5 of Article 9:

a. A report of assessment on environmental impact

b. A report on the current situation of production and
business operations and other relevant issues of the unit.

3. All documents in a dossier fro appraisal are made in 3
copies.

For the objects mentioned in item 3 of Article 9, the
documents should be made in Vietnamese.

Article 14:

1. The work of appraising report of assessment on
environmental impact by ongoing projects and operating units
is separated into two levels:

a. The Ministry of Science, Technology and Environment shall
appraise the Central level. In certain cases, the Ministry
of Science, Technology and Environment can empower a special
branch to conduct the appraisal;

b. The local level shall be appraised by the provincial
Departments of Science, Technology and Environment.

2. The Ministry of Science, Technology and Environment is
responsible for presenting the Government a list of projects
whose reports of assessment on environmental impacts should
be introduced to the National Assembly for consideration.

Article 15:

1. The offices assigned with State management of
environmental protection are responsible for appraising
reports of assessment on environmental impact.

2. In case of necessity, an Appraising Council shall be set
up.

a. The Ministry of Science, Technology and Environment shall
decide the establishment of an Appraising Council on the
Central level.

b. The chairmen of the People's Committees of the provinces
and cities under Central Government will decide the
establishment of Appraising Councils at the provincial
level.

3. The composition of an Appraising Council includes
scientists, managing officials, possibly the representatives
of social organisations and ordinary people. The number of
Council members cannot exceed 9.

Article 16:

The period of time for appraising a report of assessment on
environmental impact can not be longer than 2 months from
the date all related documents are received.

For the objects mentioned in item 3 of Article 9 the period
of time for appraisal must be in harmony with the period of
time prescribed for issuing investment licenses.

Article 17:

Offices assigned with state management of environmental
protection are responsible for the supervision of
design and conducting measures to protect the environment
according to the suggestions of the Appraising Council.

Article 18:

In case they do not agree with the conclusion of the
Appraising Council, the investors, project managers of
directors of the enterprises, units, etc. ... have a right
to make complaints to the office which decided the
establishment of the Appraising Council and to the
upper-levelled office assigned with state management of
environmental protection.

The complaints have to be considered and resolved in a
maximum period of 3 months since the date of the complaints
are received.

Article 19:

For those objects mentioned in Article 9 of this Decree
being controlled by the Ministries of Defence and Interior,
the Ministers of Defence and Interior shall conduct the
making and appraising reports of assessment on environmental
impacts on accordance with the guidance of the Ministry of
Science, Technology and Environment.


Article 20:

1. For the objects mentioned in item 5 Article 9 of this
Decree, the making and appraising reports of assessment on
environmental impact must be conducted step by step and
within a fixed time according to the guidance of the
Ministry of Science, Technology and Environment.

2. The results of the appraisals over reports of assessment
on environmental impact of the operating enterprises and
units are classified into the 4 following categories for
settlement:

a. Being permitted to continue its operations without
environmental penalty;

b. Having to invest in building facilities to deal with the
waste materials;

c. Having to change the technology, to move to other place'

d. Having to suspend its operations.

Chapter IV

Preventing, resisting and overcoming environmental
deterioration, pollution and incidents.

Article 21:

The utilisation and exploitation of national gardens,
natural preservation areas, areas of historical and cultural
values relics, natural scenery, etc. ... must be permitted
by the management body of the concerned branch. Before
issuing licenses, the management body of concerned branch
has to obtain agreement (in writing) from the state
management office for environmental protection.

After receiving documents permitting utilisation and
exploitation, the organisations or individuals whose names
are recorded in the licenses, have to conduct registration
procedures with the local authorities who directly control
the above-mentioned preservation areas.

In a license, the following contents must be clearly
recorded: The object and scope being granted for
utilisation, the purpose and duration of exploitation, the
precautions and measures for environmental protection during
exploitation.

Article 22:

The organisations and individuals conducting operations
relating to the environment have to comply with
environmental standards.

The kinds of Vietnamese environmental standards include:

1. Environmental standards for land protection;

2. Environmental standards for water protection;

3. Environmental standards for air protection;

4. Environmental standards to regulate noise pollution;

5. Environmental standards in the field of radiation and
ionisation;

6. Environmental standards for environmental protection in
residential areas;

7. Environmental standards for environmental protection in
production areas;

8. The standards for environmental assessment in the field
of forestry protection;

9. The standards for environmental assessment in the field
of protection of biological systems;

10. The standards for environmental assessment in the field
of protection of ecological systems;

11. Environmental standards for protection of the sea and
oceans;

12. Environmental standards for the protection of natural
preservation areas and natural landscapes;

13. Environmental standards in the field of planning for
industrial, urban and civil constructions;

14. Environmental standards concerning the transportation,
storage and utilisation of toxic and radioactive materials;

15. Environmental standards in the exploitation of surface
and underground mines;

16. Environmental standards for motorised transportation;

17. Environmental standards for establishments using
micro-organisms;

18. Environmental standards for environmental protection of
tourist areas;

19. Environmental standards in the field of export and
import;

20. Environmental standards for hospitals and special
illness-treatment areas.

The Ministry of Science, Technology and Environment shall
coordinate with the related ministries and branches in
preparing and issuing on standards on the above list.

Article 23:

All organisations and individuals when exporting or
importing species of animals, vegetation (including seeds),
micro-organisms and gene sources must have permission from
the management body of the concerned branch and the office
for state management of environmental protection and must
also obtain certificates of epidemic tests from an
authoritative office for epidemic control in Vietnam. When
these organisations and individuals discover that the
objects defined in the licenses are likely to pose a danger
by causing epidemic diseases to human beings, cattle,
poultry or by causing environmental pollution or
deterioration, they have to urgently report to the nearest
local authority office for State management of environmental
protection to enable immediate measures to deal with the
problem by confinement or eliminations, to be taken.

For precious and rare animals, and vegetation as defined in
"Convention on International Trade of Endangered Species"
(CITES) all organisations and individuals have to strictly
comply with the Law on Forestry and Protection and
Development and the Ordinance on Protection of Aquatic
Resources. The list of sorts and species of those objects
mentioned in this article are released by the Ministry of
Forestry (Appendix III), the Ministry of Fisheries, the
Ministry of Agriculture and Foodstuff Industry.

Article 24:

Any organisations and individuals wishing to export or
import toxic chemicals have to obtain permission from the
management body of the concerned industries and the State
management body for environmental protection and also must
strictly comply with current Vietnamese standard.


In applications, the exact purpose of the utilisation,
quantity, and special technical characteristics,
composition, formula (if available), commercial name, the
name of the company which produced it and the name of the
country where it was proceed must be made clear. These
organisations and individuals have to export or import the
exact types and amounts as defined in the licenses.

In case the above-mentioned materials and products'
usefulness has expired, thus requiring disposal, their
owners must reveal the amounts of waste, special technical
characteristics and the disposal technology clearly, and the
disposal process must be supervised by the body for state
management of environmental protection and the empowered
office of public security.

With chemicals of vegetation protection, they have to
strictly comply with the Ordinance on Vegetation Protection
and Epidemic Control.

Article 25:

The imports of complete equipment and technology as
required by projects and joint ventures can only be
conducted after economic-technical justifications have
been approved together with the appraisal conclusion on
reports of assessment on environmental impacts of the
projects made by the body for state management on
environmental protection.

For the important separate equipment of environmental
protection, when considering them necessary, the body for
the state management on environmental protection shall
consider and grant permission for importing.

The distribution of power to different levels to grant
licenses for this kind of operation shall be as follows:

- The Ministry of Science, Technology and Environment shall
issue import licenses to those projects and joint ventures
approved by the State Council of Appraisal.

- The provincial Department of Science, Technology and
Environment shall issue licenses for the remaining cases in
accordance with the guidance of the Ministry of Science,
Technology and Environment.

Article 26:

1. All transportation means operating on land, railway and
water surface are not allowed to emit smoke, dust, oil and
gas containing toxins surpassing the defined standards into
the surrounding environment (Appendix IV). For the above
mentioned transportation means, if they are imported into
Vietnam after the Law on Environmental Protection came into
effect, they have to meet the requirements of waste
standards before being operated.

2. For all engine-transportation means, when their owners
operate them, they have to ensure that the noise level does
not surpass the stipulated levels (Appendices V1, V2, V3,
V4).

3. For the transportation means being granted permission to
operate before the effective date of the Law on
Environmental Protection, their owners have to apply
technical alterations to minimise the amounts of smoke and
toxic wasted emitted into the environment.  From April 1,
1995 all motorised transportation means operating in urban
areas have to guarantee that the smoke levels emitted does
not exceed 60 Hartridge units, they are not allowed to emit
the above-mentioned substances causing environmental
pollution, nor cause noise surpassing the permitted levels.

Any means of transportation failing to reach the
above-mentioned standards shall be suspended from operation.

4. The owners of engine-transportation means if passing
hospitals, sanatoria, schools and densely populated
residential areas at rest time (noon) and after 22.00 hours
are not allowed to use horns.

The Ministry of Transportation and Communications is
responsible for organising the examination and issue of
licenses for transportation means, acknowledging their
satisfaction of environmental standards.

Article 27:

All production and business establishments, hospitals,
hotels, restaurants, etc. ... having discharged substances
in forms of solid, liquid and gas have to organise the
treatment so as to reach environmental standards before
discharging out of the management scope of their
establishments, the technologies for treatment of the
above-mentioned discharged substances have to be approved by
the authoritative body of state management.

2. Everyday, discharged substances in urban and industrial
areas have to be collected, transported, and treated in
accordance with regulations on management of discharged
substances.

3. Discharged substances containing toxic chemicals which
are hard to dissolve have to be treated by a separate
technology instead of being discharged into areas for daily
life discharged substances.

Article 28:

1. The import and export of discharged substances containing
toxic elements or pathogenic microbes possibly causing
environmental pollution are prohibited.

2. The Ministry of Science, Technology and Environment shall
provide guidance for all branches and localities to make the
lists of secondary and wasted materials which satisfy the
standards of environmental hygiene and therefore are allowed
to import as production materials so as to present them to
Prime Minister of the Government for decision.

Article 29:

From January 1st 1995, the production, transportation,
trading, storage and use of all kinds of crackers are
prohibited on the whole territory of Vietnam.

The Government shall make stipulations about production and
use of fireworks on some special holidays and festivals.


Article 30:

1. The Ministry of Science, Technology and Environment shall
submit to the Prime Minister of the Government the specially
serious cases of environmental incidents and propose the
urgent measures of treatment for the Prime Minister to
Decide.

2. The specially serious cases of environmental incidents
are those causing immense and serious damages to:

a. Lives and properties of several people.

b. Economic, social, security and national defence
establishments.

c. Widespread area of many provinces' and cities' territory.

d. Area if international influence.

3. The Minister of National Defence and the interior will
organise a specialised force to act as the key instrument in
coping with environmental problems.

The Ministry of Science, Technology and Environment working
together with the Ministries of National Defences and
Interior and related ministries and branches will work out
the plan to form this force and submit the plan to the Prime
Minister of the Government for his/her decision.

Article 31:

The payment of costs in overcoming environmental incidents
for organisations and individuals that are mobilised shall
be conducted on the principle of agreement between the
mobilised organisations, individuals and with the authority
to mobilise.

The Ministry of Finance shall make detailed stipulations for
this kind of payment.

Chapter V

The financial sources for the task of environmental
protection.

Article 32:

The financial sources for the task of environmental
protection include:

1. The State budget allocation for activities of
environmental protection, for the tasks of scientific
research and state management on environmental protection;

2. Fees of appraisals over assessment reports on the
environmental impacts of socio-economic projects; fees of
environmental protection contributed in accordance with the
detailed stipulations of the Ministry of Finance by
organisations and individuals who utilise environmental
components for the purposes of production and business.

3. Other sources (such as fines charged on administrative
violations, funds contributed by any socio-economic
organisations).

Article 33:

The Government shall establish a National Reserve Fund for
dealing with environmental deterioration, pollution and
incidents. This Fund will be used to cope with emergency
cases of environmental incidents, pollution and
deterioration.

The financial sources for the above-mentioned Fund includes
money extracted from the State Budgets, contributions from
different enterprises (including joint ventures with
foreigners), contributions by organisations and individuals
in and outside of Vietnam, to activities of environmental
protection in Vietnam.

The Ministry of Science, Technology and Environment and the
Ministry of Finance will work out management regulations and
use of this Fund.

Article 34:

All organisations and individuals who conduct production and
business operations in the following fields or with the
following objects have to pay fees for environmental
protection:

- Exploiting oil, gas or other mineral resources;

- Airports, seaports, bus stations, railway stations;

- Motorised transportation;

- Other fields of production and business causing
environmental pollution.

Foreign organisations and individuals conducting production
and business operations which cause environmental pollution
have to pay environmental protection fees.

The fee level depends on the harmful level possibly caused
to the environment by production and business operations.

The Ministry of Science, Technology and Environment and the
Ministry of Finance shall provide detailed guidance on
collection and use of environmental protection fees.

Article 35:

The financial sources for the task of environmental
protection shall be spent annually on the following
articles:

1. Basic surveys on environmental elements, especially of
land, water, air, forest, sea and related activities ....

2. Surveys on situations of environmental pollution in big
provinces and cities, industrial areas, dense residential
areas, water areas of ongoing exploitation ....

3. Measures of environmental protection, restoration and
improvement and of management of discharged substances
(especially toxic ones) in cities and industrial areas;

4. Projects of preservation and restoration of ecological
systems having important meaning to the sustainable
socio-economic development and biological diversity
(including national gardens, protected natural reserves, the
ecological systems of submerged land in river estuaries and
coast lines, the ecological systems of salt-marsh forests,
submerged coral reefs, rare and precious species of
creatures, protection of gene resources ....)

5. Basic construction of necessary facilities for
environmental protection.

Article 36:

The Ministry of Science, Technology and Environment and the
Ministry of Finance shall make stipulations on the
collection, payment and management of finance and properties
in operations of environmental protection in accordance with
the existing regime of management.

Chapter VI

Inspection of environmental protection

Article 37:

The Ministry of Science, Technology and Environment bears
responsibility before the Government to organise and conduct
the implementation of professional inspection on environment
protection, with the following duties:

1. To inspect the activities of environmental protection of
all ministries and branches and the performance of state
management in environmental protection of the People's
Committees of different levels in their localities.

2. To inspect the compliance with provisions of the Law on
Environmental Protection: standards, regulations on
preventing, resisting and overcoming environmental
deterioration, pollution and incidents when utilising and
exploiting environmental components by organisations and
individuals.

Article 38:

The organisation, power and scope of activities of
professional inspection on environmental protection will be
unanimously stipulated by the Minister for Science,
Technology and Environment and the State's General Inspector
in accordance with provisions of the Law on Environmental
Protection and the Ordinance on Inspection.

Chapter VII

Provisions for implementation

Article 39:

This Decree shall come into effect from the signing date.
All previously issued regulations which are contrary to this
Decree shall be hereby repealed.

Article 40:

All Ministries, Heads of Ministerial ranking bodies, Heads
of Offices belonging to the Government; Chair people of the
People's Committees of provinces and cities under Central
authorities are responsible for providing detailed guidance,
according to their functions and powers, for the
implementation of this decree.

On behalf of the Government
The Prime Minister
Signed VO VAN KIET