Vietnam Law on Environmental protection has regulations on air and soil protection. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are air quality management plans in Vietnam? Who has responsibility for air quality management? What are regulations on general regulations on soil protection? Thanks for answering my questions!”
Legal grounds
- Vietnam Law on Environmental protection
General regulations on air protection
– Entities and households involved in production, business operation and service provision and discharging dusts and exhaust gases resulting in adverse impacts on the environment have the responsibility to reduce the discharge and take remedial measures as prescribed by law.
– Air quality must be monitored on a regular and continuous basis and announced as prescribed by law.
– Air pollution must be notified and warned in a timely manner to minimize its impacts on community health.
– Sources of dusts and exhaust gases must be monitored, assessed and controlled as prescribed by law.
Air quality management plans
– Air quality management plans include national air quality management plan and provincial air quality management plan. The national environment quality management plan must be conformable to the national environmental protection planning. The provincial air quality management plan must be conformable with the national air quality management plan and provincial planning, and serve as the basis for organizing implementation thereof and managing air quality.
– The national environment quality management plan covers a period of 05 years. The period of a provincial air quality management plan shall be determined according to the extent and level of air pollution, management and improvement solutions, local conditions and resources for implementation.
– Main contents of the national air quality management plan include:
+ Assessing management and control of air pollution at national level; identifying major causes of air pollution;
+ General and specific objectives;
+ Tasks and solutions for air quality management;
+ Prioritized programs and projects for implementation of tasks and solutions; formulating regulations on cooperation in and measures for managing quality of inter-regional and inter-provincial air.
+ Organizing implementation.
– Main contents of a provincial air quality management plan include:
+ Assessing quality of air in the province;
+ Assessing management of air quality; monitoring air; determining and assessing main sources of exhaust gases; emission inventory; air quality modeling;
+ Analyzing and identifying causes of air pollution;
+ Assessing impacts of air pollution on community health;
+ Objectives and scope of air quality management;
+ Tasks and solutions for air quality management;
+ Organizing implementation.
– The Government shall elaborate contents of, sequence and procedures for promulgating an air quality management plan.
Responsibility for air quality management
– The Prime Minister shall promulgate and provide instructions on implementation of the national air quality management plan; provide instructions on implementation of emergency measures in the case of inter-provincial, regional or cross-border serious air pollution.
– The Ministry of Natural Resources and Environment shall:
+ formulate and submit to the Prime Minister the national air quality management plan and organize the implementation thereof.
+ provide guidance on formulating provincial air quality management plans and air quality assessment methods.
– People’s Committees of provinces shall:
+ formulate and organize the implementation of provincial air quality management plans;
+ assess, monitor and publish information about air quality; warn residential communities of and take measures to remediate air pollution that impacts community health;
+ organize the implementation of emergency measures if serious air pollution occurs in their provinces.
– The Government shall elaborate this Article.
General regulations on soil protection
– If land is used to implement a planning, plan, project or activity, it is required to consider its impacts on soil and take measures for environmental pollution or degradation prevention and control and soil protection.
– Agencies, organizations, residential communities, households and individuals that use land have the responsibility to protect soil environment; improve and remediate soil environment if causing soil pollution.
– The State shall improve and remediate soil environment in areas where soil pollution caused by a historic event occurs or in the case of failure to identify the entity causing pollution.
– The Government shall elaborate soil protection.
Classification of areas where soil pollution occurs
– Area where soil pollution occurs (hereinafter referred to as “soil pollution area”) means an area in which pollutants exceed the permissible levels prescribed in a technical regulation on environment resulting in adverse impacts on the environment and community health.
– Soil pollution areas shall be classified according to the following criteria: source of pollution, spreading capacity and affected entities.
– The soil pollution areas classified according to the level of pollution include soil pollution area, serious soil pollution area and extremely serious soil pollution area.
Soil quality management
– Soil quality must be investigated, assessed, classified and made publicly available as prescribed by law.
– Areas at risk of soil pollution must be monitored and supervised.
– Soil pollution areas must be investigated, assessed, zoned, dealt with, renovated and improved.
– Areas polluted by dioxins derived from herbicides used in war, residual agrochemicals and other hazardous substances must be investigated, assessed, zoned and dealt with in accordance with environmental protection requirements.
Soil environment improvement and remediation
– Investigate, assess and classify soil pollution areas, determine causes, extent and level of pollution, improve and remediate soil environment.
– Take measures to control soil pollution areas, including zoning, issuing warnings, prohibiting or restricting activities to minimize impacts on human health.
– Prepare and carry out schemes to improve and remediate soil environment; give priority to dealing with serious and extremely serious pollution areas.
– Monitor and assess soil quality after improvement and remediation.
Responsibility for soil protection
– The Ministry of Natural Resources and Environment shall:
+ elaborate criteria for determining and classifying soil pollution areas according to level of pollution;
+ preside over and cooperate with other Ministries, ministerial agencies and agencies concerned in formulating and providing instructions on implementation of the plan to improve and remediate extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law; investigate, assess and make publicly available soil quality;
+ Submit to the Prime Minister a plan to improve and remediate extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law;
+ consolidate lists of soil pollution areas; establish and update information about soil pollution areas nationwide to the national environmental information system and environmental database and publish such information.
– The Ministry of National Defense and Ministry of Public Security shall preside over and cooperate with provincial People’s Committees in improving and remediating soil environment in the case of national defense and security land and in other areas as prescribed by law.
– Provincial People’s Committees shall:
+ investigate, assess, determine and zone areas at risk of soil pollution areas and soil pollution areas within their provinces, and assign responsibilities to entities causing pollution;
+ remediate soil pollution areas and extremely serious soil pollution areas in the case specified in Clause 3 Article 15 of this Law;
+ report areas showing signs of inter-provincial soil pollution and extremely serious pollution areas to the Ministry of Natural Resources and Environment;
+ update information about soil pollution areas within their provinces to the environmental information system and database as prescribed.
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Frequently asked questions
Air quality must be monitored on a regular and continuous basis and announced as prescribed by law.
Air pollution must be notified and warned in a timely manner to minimize its impacts on community health.
Soil pollution areas shall be classified according to the following criteria: source of pollution, spreading capacity and affected entities.
Conclusion: So the above is Regulations on air and soil protection in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
