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CHAPTER XI

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 XI

Resources for Protection of the Environment


Article 106 Propaganda about the protection of the environment

1. The law on the protection of the environment and good persons, good deeds, and typical good examples of environmental protection activities must be disseminated regularly and widely.

2. The State shall confer prizes and rewards for the protection of the environment to organizations and individuals having outstanding achievements in environmental protection activities, and shall organize quizzes about environmental protection activities to increase knowledge and awareness by the public about the protection of the environment.

3. Good performance of environmental protection activities shall constitute a criterion for recognition and conferment of emulation titles.

4. The Ministry of Natural Resources and Environment shall assume the primary responsibility for, and shall coordinate with information and propaganda bodies and the mass media of all branches and at all levels in, providing propaganda about the protection of the environment.


Article 107 Education about the environment and training of human resources for environmental protection activities

1. Vietnamese citizens shall be provided with comprehensive education about the environment to increase knowledge and awareness by the public about the protection of the environment.

2. Education about the environment shall constitute an item in the formal curriculum of all levels of general education.

3. The State shall give priority to training human resources for environmental protection activities and shall encourage all organizations and individuals to participate in training human resources for environmental protection activities.

4. The Ministry of Education and Training shall preside over coordination with the Ministry of Natural Resources and Environment in directing and guiding the formulation and implementation of a program on education about the environment and training of human resources for environmental protection activities.


Article 108 Development of science and technology for the protection of the environment

1. The State shall invest in scientific research into the environment and the development, application, and transfer of environmental technology; and shall encourage organizations and individuals to bring into play their initiative in applying technological solutions to the protection of the environment.

2. The State shall adopt preferential policies for the transfer of technology to deal with urgent environmental problems and deal with seriously polluting establishments.

3. Organizations and individuals owning environmental technology shall be entitled to transfer it and to sign services contracts to reduce and treat waste.

4. The Ministry of Science and Technology shall preside over coordination with relevant ministries, ministerial equivalent bodies, and Government bodies in directing and guiding the development of science and technology for the protection of the environment.


Article 109 Development of environmental engineering industry, the building of environmental forecast and warning capacity

1. The State shall invest in and adopt policies to encourage organizations and individuals to develop an environmental engineering industry.

2. The State shall be responsible for building capacity and for providing machinery and equipment for forecasting and warning of natural disasters and climatic conditions; and shall encourage all organizations and individuals to participate in forecasting and warning of environmental disasters to prevent and restrict the adverse consequences of natural disasters and environmental incidents.


Article 110 Financial sources for protection of the environment

1. Protection of the environment shall be funded from the following sources:

(a) State budget;

(b) Funds of organizations and individuals for prevention and mitigation of any adverse environmental impact exerted by their manufacturing, business, and services activities;

(c) Funds of organizations and individuals for scientific research and development of technology, industries, and services for environmental protection purposes;

(d) Compensation for environmental damage, environment tax, environmental protection fees, environmental fines, and other revenue as stipulated by law;

(dd) Contributions and financial support from organizations and individuals at home and abroad;

(e) Preferential loans and financial support from the environmental protection fund;

(g) Loans from banks, credit institutions, and other financial institutions following the law.

2. The State budget shall reserve a regular expenditure item for environmental protection activities suitable to the requirements of each period; and shall ensure that the rate of the annual increase in the expenditure for environmental protection is higher than the rate of the overall increase in State budget expenditure.


Article 111 State budget for the protection of the environment

1. The State budget for the protection of the environment shall be used for the following purposes:

(a) Development of investment in public environmental protection infrastructure works;

(b) Regular expenditure for environmental protection activities.

2. Non-business environmental protection activities shall include:

(a) Management of environmental monitoring and analysis; building of capacity for forecasting and warning of natural disasters and for preventing and responding to environmental incidents;

(b) Basic surveys on the environment; implementation of environmental status and environmental impact monitoring programs;

(c) Investigation of and collection of statistics on waste; assessment of environmental pollution, degradation, and incidents; building of capacity for recycling waste, treating hazardous waste, and support for waste recycling, treatment, and burial;

(d) Assistance in dealing with seriously polluting establishments;

(dd) Management of public sanitary facilities; equipment and apparatus for garbage collection and environmental sanitation in residential areas and public places;

(e) Strengthening and enhancement of capacity for the State administrative system in charge of protection of the environment; building and developing of the system of non-business environmental protection organizations;

(g) Investigation, research, construction, testing, and application of scientific and technological advances to environmental protection activities; strategies, planning, mechanisms, policies, standards, technical specifications, and models for environmental protection management;

(h) Assistance in the inspection and supervision of the observance of the law on the protection of the environment;

(i) Management of the system of information and data about the environment;

(j) Propaganda, popularization of, and education about the law on the protection of the environment; training in professional and managerial knowledge and skills related to the protection of the environment;

(k) Conferment of prizes and rewards for environmental protection activities;

(l) Management of the national gene bank and establishments for nursing, caring, and breeding endangered rare and precious animal species;

(m) Management of nature conservation zones;

(n) Other non-business environmental protection activities.

3. Annually, the Ministry of Natural Resources and Environment shall collate funding for non-business environmental protection activities as stipulated in clause 2 of this article for ministries, ministerial equivalent bodies, Government bodies, and people's committees, and shall coordinate with the Ministry of Finance and the Ministry of Planning and Investment in submitting such funding to the Government.


Article 112 Environment tax

1. Organizations, individuals, and households producing and trading in several types of products that exert a long-term adverse impact on the environment and human health shall be liable to pay environment tax.

2. The Government shall submit to the National Assembly for decision lists of products and manufacturing and business activities subject to environment tax and the applicable tax rates.


Article 113 Environmental protection fees

1. Organizations and individuals discharging waste into the environment or engaged in activities causing adverse impacts on the environment must pay environmental protection fees.

2. Environmental protection fee rates shall be determined on the following grounds:

(a) Volume of waste discharged into the environment and scale of adverse impact on the environment;

(b) Degree of toxicity of waste and harm caused to the environment;

(c) Burden bearing capacity of the environment receiving the waste.

3. Environmental protection fee rates shall be adjusted to suit socio-economic conditions and environmental protection requirements of each period of national development.

4. All revenue from environmental protection fees shall be used for direct investment in environmental protection activities.

5. The Ministry of Finance shall preside over coordination with the Ministry of Natural Resources and Environment in formulating regulations on environmental protection fees and in submitting them to the Government.


Article 114 Payment of deposit for environmental improvement and rehabilitation after activities of exploitation of natural resources

1. Organizations and individuals exploiting natural resources must pay a deposit for environmental improvement and rehabilitation following the following provisions:

(a) Before exploitation, organizations and individuals must pay a deposit at a domestic credit institution or environmental protection fund in the locality where the natural resources are to be exploited; the amount of the deposit shall depend on the scale of exploitation, the degree of adverse environmental impact, and the costs required for environmental improvement and rehabilitation after exploitation;

(b) Organizations and individuals exploiting natural resources shall enjoy interest on the deposit paid and receive back the deposit upon completion of environmental improvement and rehabilitation;

(c) If any organization or individual fails to perform environmental improvement and fails to fulfill its rehabilitation obligation, or performs such obligations improperly, the whole or part of its deposit shall be used for improving and rehabilitating the environment in the place where the exploitation occurred.

2. The Prime Minister of the Government shall specify the levels of deposits for environmental improvement and rehabilitation concerning each type of natural resource and shall issue regulations for the implementation of this article.


Article 115 Environmental protection funds

1. Environmental protection funds shall be financial institutions established at central and local levels and in all industries and sectors to support environmental protection activities. The State shall encourage enterprises, organizations, and individuals to establish environmental protection funds.

2. Funds for the operation of the national environmental protection fund and environmental protection funds of localities, industries, and sectors shall be formed from the following sources:

(a) State budget;

(b) Environmental protection fees;

(c) Compensation paid to the State for environmental damage;

(d) Fines collected for administrative environmental breaches;

(dd) Support and donations from and investment by organizations and individuals at home and abroad.

3. Authority to establish environmental protection funds shall be regulated as follows:

(a) The Prime Minister of the Government shall regulate the organization and operation of the national environmental protection fund and environmental protection funds of ministries, ministerial equivalent bodies, Government bodies, and State corporations;

(b) Provincial people's committees shall regulate the organization and operation of local environmental protection funds;

(c) Organizations and individuals shall establish their environmental protection funds which shall operate under their charters.


Article 116 Development of environmental protection services

1. The State shall encourage organizations and individuals to establish environmental sanitation services enterprises to provide environmental sanitation and protection services via tendering in the following sectors:

(a) Collection, recycling, and treatment of waste;

(b) Environmental monitoring and analysis, environmental impact assessment;

(c) Development and transfer of environmentally-friendly technology and environmental technology;

(d) Environment-related consultancy and training, provision of information about the environment;

(dd) Environmental inspection of machinery, equipment, and technology; inspection of environmental damage;

(e) Other environmental protection services.

2. The Ministry of Natural Resources and Environment shall co-ordinate with relevant ministries, ministerial equivalent bodies, Government bodies, and provincial people's committees in guiding the implementation of the provisions in clause 1 of this article.


Article 117 Preferential and support policies for environmental protection activities

1. The State shall provide land-related incentives and support for the following environmental protection activities:

(a) Building concentrated daily living wastewater systems;

(b) Building facilities for recycling and treatment of ordinary solid waste and hazardous waste and building waste burial sites;

(c) Building environment monitoring stations;

(d) Relocating seriously polluting establishments;

(dd) Building environmental engineering industrial establishments and environmental protection facilities for the public welfare.

2. Exemption from and reduction of taxes and fees for environmental protection activities shall be regulated as follows:

(a) Recycling, treatment, and burial of waste; and production of clean energy and renewable energy shall enjoy exemption from or reduction of corporate income tax, value-added tax, environment tax, and environmental protection fees;

(b) Machinery, equipment, means of transportation, and apparatus imported for direct use in the collection, storage, transport, recycling, and treatment of waste; environmental monitoring and analysis; and production of clean energy and renewable energy shall be exempt from import duty;

(c) Products recycled from waste, energy recovered from waste incineration, and environmentally-friendly natural substitute products shall be subsidized by the State.

3. Organizations and individuals investing in environmental protection activities shall be prioritized for loans from environmental protection funds. Loans borrowed from other credit institutions for investment in environmental protection activities shall be considered for post-investment interest payment support or investment credit guarantee following the charters of environmental protection funds.

4. Key environmental protection programs and projects of the State which require large amounts of capital shall be prioritized to use official development assistance capital.

5. The Government shall provide specific regulations on preferential policies applicable to environmental protection activities.

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