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Environment Protection Act of the Socialist Republic of Viet Nam.

Country
Type of law
Legislation
Source


Abstract
This Act sets forth general provisions on environmental protection. After defining basic terms.
Chapter I proclaims that the State shall manage environmental protection throughout the country. It requires the State to provide incentives to those organizations and individuals who invest in environmental protection. Anyone utilizing environmental resources must contribute financially by paying a use fee, in accordance with regulations to be issued subsequently. Compensation must be paid for damaging activities.
Chapter II deals with the prevention of environmental degradation, pollution and incidents. Among other issues, this chapter calls for protection of wild animals, plants and eco-systems in order to ensure biodiversity; the compliance of new and upgraded projects with environmental standards; public hygiene; state regulation of the import of toxic chemicals and genetic materials; the submission of environmental reports regarding both new and pre-existing projects; the prior submission of environmental information regarding foreign investment projects; pesticides; and various other activities. Article 29 explicitly prohibits several activities, including the importing of waste, the discharge in excess of allowable levels of toxic or radioactive materials in water or atmosphere, and the trade in rare and precious animals and plants.
Chapter III obliges organizations and individuals to take steps to correct polluting effects of their activities, and to pay fines in compensation for any damage that they cause. This Chapter also lays out the responsibilities of various state authorities in responding to environmental disasters.
Chapter IV sets forth a list of environmental protection activities that the state must undertake, including the devising of strategies and policies for prevention of pollution, monitoring, and implementing international accords. Responsibility for environmental protection is vested in the Ministry of Science, Technology and the Environment, with other government required to implement protection functions in the course of their responsibilities.
Chapter V deals with international cooperation on environmental protection.
Chapter VI gives wide general powers to environmental inspectors to undertake inspections and temporarily suspend polluting activities. Penalties for offenses under the Act are proportional to the characteristics and consequences of the offense, in addition to liability to pay damages.
Date of text
Entry into force notes
The Act entered into force on 10 January, 1994.
Repealed
Yes
Serial Imprint
Photocopy, 14 pp.
Publication reference
FAL No. 44, 1995, pp. 474-476.
Source language

English

Legislation Amendment
No