1. General Provisions
Regulation applies to all agencies, organizations, households and individuals carrying out environmental activities in the territory Ha Nam province.
Regulation does not detail the provisions of all industries and quality standards of each sector in the province is a separately regulated.
2. Organizing and managing Environmental protection system
2.1. Provincial People’s Committee (PPC) implements state management on Environmental Protection (EP) in the province of Ha Nam:
Issued under the authority of the documents, directives as well as inspection on environmental protection on the local level. Distribute to the Central bodies of the inspection, examination and handling violations of EP laws. Send them to the authorities who have competent on the settlement of disputes, complaints, denunciations and petitions on EP as well as on the management of revenues and environmental protection fees.
2.2. The Department of Science, Technology and Environment (DSTE) helps PPC to implement state management on environmental protection in the province with the following contents:
● Creating guidances on the implementation of the Law on Environmental Protection (LEP) and submit to the provincial People's Committee.
● Inspecting, examine and solve the letters of complaints about the environment. Handle Administrative Violations of environmental protection locally.
● Annually making reports and assessments of environmental status and submit to PPC and DSTE
● Being the permanent body, appraisal council for environmental impact assessment report for all projects, operations and the technology transfer agreements in the province.
● Granting and revoking all environment-related permits under the competence. Assigning departments, agencies and People's Committees of districts, social organizations, the mass media agencies to propagandize and disseminate knowledge on environmental protection for the people.
2.3. Departments, agencies and organizations within the scope of authorities and duties, to direct and coordinate with the DSTE to inspect the implementation of regulations within their sector according to the legal documents on EP.
3. Prevention of Environmental Incidents and pollution
● Any project setup or pending approval on upgrading and expanding production, changing location, changing technology that affect the environment can only be taken when getting EIA approval report or registered environmental protection commitments and comply with environmental standards.
● Operating businesses in the scope of EIA report must implement measures to reduce environmental pollution, environmental monitoring as reported and meet the requirements for business owners under the EIA report approval provisions.
● The production, business, services, health care establishments without the scope of EIA reports must make declaration of the environment-affecting activities take measures to reduce environmental pollution.
● The production, business, services establishments under the management of the Ministry of Defense, Ministry of Public Security and other Ministries and Central agencies stationed in the province are under the inspection, control on environmental protection environmental management agency.
3.1. All vehicle owners in traffic circulation are not allowed to discharge environmental contaminants such as soil, grease, chemicals, noise ... outside the excess of the permitted standards.
3.2. Producing, transporting and storing plant protection medicines must comply with the regulations of the Ministry of Agriculture and Rural Development and must comply with the technical regulations, not to unbalance the environmental Status.Trading and using plant protection medicines on the banned lists issued by competent state agencies, illegally imported, expired or label-lost medicines are strictly forbidden. Organizations and individuals must take full réponsibility before the laws for acts of producing, trading contrary to the regulations and must take economic responsibility to destroy the seized medicines. The management, transportation and use of industrial explosives must be done according to the decree 27 / CP of April 20, 1995 by the Government.
3.3. Organizations and individuals using, storing and transporting radioactive materials, radiation substances must comply with the Ordinance on Radiation Safety and Control and the Government’s Decree No.50/1998/ND-CP of July 16, 1998 detailing the implementation of the Ordinance on Radiation Safety and Control.
3.4. All the activities of exploration and exploitation mineral resources exploration and exploitation of organizations and individuals in the province of Ha Nam to comply with the provisions of the Government’s Mineral Law and Decree No. 76/2000/ND-CP of December 15, 2000 detailing the implementation of the Mineral Law.
3.5. Trespassing historical and cultural relic sites, tourist attractions (including buffer zones and corridors) under the management of state agencies are strictly forbidden.
3.6. All organizations and individuals must strictly conform the Law on Forest Protection and Development, Forest fire prevention Act. Protecting and regenerating forests are encouraged. Wildlife hunting, trafficking not in accordance with the regulations are strictly prohibited. Using electricity, chemicals, explosives and other forms of destructive exploitation of fisheries resources are also prohibited.
3.7. Organizations and individuals trading, transporting and storing oil must have plan on oil spills and fire prevention; If any, take legal responsibility, compensation and resolving environmental consequences for any damages caused by oil spills.
3.8. Rural Environmental Protection: The management, exploitation and use of water and land resources must be permitted by Resources Management Agencies. The planning of socio-economic development in locality must be associated with environmental protection towards sustainable development. It is strictly prohibited to manually manufacture bricks, tiles, lime which affects the environment of residential areas and agricultural production.
3.9. Environmental protection of urban areas and industrial zones
Planning on developing industrial zones, urban areas must be associated with protecting the environment and setting EIA prescribed report. Planning is done only after the EIA report, environmental protection and waste treatment plans are assessed. Town Committee must take plans to gradually move populated areas and to maintain and plant new trees according to the Planning on Urban ecological landscape design.
It is strictly forbidden for production, business and services organizations and individuals to discharge wastewater, industrial waste which are untreated or treated but not yet qualified Vietnam environmental standard into surrounding environment. Household waste, hospitals waste, oily industrial waste and hazardous waste must be sorted at source, transported and dumped under regulations.
The production and service must be performed ensuring labor safety and fire prevention.
3.10. The Management Board of Markets is responsible for building public sanitation system and collecting waste in the right places.
3.11. Industrial zone management boards of the province is responsible for:
Organizing implementation and guiding organizations and individuals on environmental protection laws and by-law documents of industrial zones environmental management.
Reporting to the State management agency on any environmental changes
Coordinating with Central and Local environmental management agencies in inspecting, examining all the establishments in the industrial zone if required.
Transferring imported technological equipment, machinery and materials meeting standards and quality in line with environmental protection requirements.
3.12. Managing hazardous waste, collecting, transporting and disposing medical waste and highly toxic plant protection drugs, transporting and burying carcasses of animals that died from epidemics according to regulations or specialized authorities.
4. Overcome environmental incidents
4.1. Organizations and individuals causing environmental incidents must quickly implement remedial measures for environmental pollution and report to the local authorities and the Department of Science, Technology and Environment to solve. All remedial costs, compensation for damages are paid by organizations and individuals causing environmental incidents.
4.2. In case of environmental incidents such as storms, floods, droughts, fires, explosions,etc., organizations and individuals living and working in the province have to follow all emergency mobilization commands of the Chairman of all-level People’s Committees on human resources, supplies and facilities to overcome the incidents: rescuing people and property ...
5. Management and use of financial resources for environmental protection activities
5.1. Financial resources for environmental protection activities of environmental management agencies are mobilized from:
● Annual State budget
● Funding from non-governmental organizations, domestic and foreign organizations and individuals
● Environmental protection fees from production and business organizations and individuals
● Fines on for administrative violations of environmental protection.
● Environmental Protection Fund (when required by PPC)
● Other sources
5.2. Management and use
Financial resources are used for environmental protection activities in accordance with the provisions for approval of the PPC and comply with the principles, and current financial management of the State.
6. Inspection and examination of environmental activities
6.1. Organizations and individuals whose activities affect the environment, be periodically and unscheduled inspected and examined on environmental protection
Environment specialized inspectors when conducting inspections, examination on the compliance with legal environmental protection have the right to handle the regulations stipulated in the Inspection Ordinance of January, 1999 ; Ordinance of administrative sanctions of June 07, 1995 and Decree 26/CP of April 26, 1996 by Government on sanctioning of administrative violations on environmental protection.
6.2. The petitions, complaints and denunciations related to environmental protection of organizations or individuals should be considered and settled by competent agencies in accordance with the Law on Complaints and Denunciations.
6.3. Organizations or individuals writing reports EIA are not allowed to participate in the inspection, measuring, analyzing environmental parameters team when conducting inspections.
