02/03/2021
On 17‑th November 2020, continuing the 10th session of the 14th National Assembly (NA), the NA heard the report on explanation, acquisition of opinions and revision of the Law on Environmental Protection (LEP) (amended). After that, the NA voted to pass the LEP (amended) with 443/466 members agreed (accounting for 91.91%); 16 members disagreed (Accounting for 3.32%) and 7 members did not participate in the vote.
The passed LEP (amended) reflected a dramatic change in environmental management thinking through institutionalizing development policies based on natural laws, without sacrificing the environment in exchange for economic growth; screening and selecting development investment projects based on environmental criteria. The highest goal is environmental quality improvement, people’s health protection, ecological balance, biodiversity conservation and sustainable development.
The afternoon plenary session on 17 November, the 10th session of the 14th NA
The LEP (amended) includes 16 chapters, 171 articles and takes effect from 1st January 2022, the Clause 3 of Article 29 (Preliminary Environmental Impact Assessment) takes effect from 1st February 2021.
The LEP (amended) stipulates 7 principles of environmental protection, which clearly state that environmental protection is the rights, obligations and responsibilities of all agencies, organizations, residential communities, households and individuals. Environmental protection is a condition, foundation, central and prerequisite factor for sustainable socio-economic development. Environmental protection activities must be linked to economic development, natural resource management, and be considered and evaluated in the course of implementation of development activities. Environmental protection is in harmony with social security, children’s rights, gender equality, ensuring the rights of everyone to live in a healthy environment. Environmental protection activities must be conducted regularly, openly and transparently; prioritize forecasting and preventing environmental pollution, incidents and degradation, managing environmental risks, minimizing waste generation, increasing waste reuse and recycling to exploit the values of natural resources of wastes...
State policies on environmental protection are clearly defined in the LEP (amended), in which the State creates favorable conditions for agencies, organizations, communities, households and individuals to participate in the implementation, inspection and supervision of environmental protection activities. Conduct propaganda and education activities in combination with administrative, economic and other measures to strengthen compliance with the law on environmental protection, develop culture of environmental protection. Focus on biodiversity conservation, environmental protection of natural heritage; rational and economical exploitation and use of natural resources; clean and renewable energy development; technical infrastructure development for environmental protection. Prioritize reduction of environmental pollution, restoration of degraded natural ecosystems, with focus on environmental protection in residential areas….
The LEP (amended) also specifies 14 prohibited acts in environmental protection activities such as: Transporting, landfilling, dumping, discharging, burning solid wastes, and hazardous wastes in contravention of technical procedures, provisions of the law on environmental protection. Discharging wastewater and gas emissions into the environment that have not been treated to meet environmental technical regulations. Spreading into the environment toxic chemicals; harmful viruses that may transmit to humans, animals; microorganisms that have not been tested; carcasses died from epidemics and other agents that are toxic to humans, organisms and nature. Causing noise and vibration in excess of environmental technical regulations; discharging smoke, dust and noxious odors into the air. Carrying out an investment project or discharging wastes when the conditions are not met in accordance with the law on environmental protection. Importing and transiting wastes from abroad in any form. Illegally importing used means, machinery, and equipment to demolish, recycle ...
In addition, the LEP (amended) also has specific provisions on environmental protection for water, air, soil, natural heritage; National environmental protection strategy and planning; Content of environmental protection in regional, provincial planning; Strategic environmental assessment, environmental impact assessment (EIA), environmental licenses; Environmental protection in production, business, service, urban and rural areas ...
Previously, on 24 October 2020, the NA discussed online about the Draft LEP (amended). Most of NA members agreed with the content of received opinions and the revised Draft Law and contributed many valid opinions to the Draft Law. On 5th November 2020, the Standing Committee of the NA directed the submission of opinions to the NA on 4 contents with different opinions and studied, received and revised the Draft Law submitted to the NA for approval. On 17th November 2020, the Standing Committee of the NA issued a report on the acceptance explanation and the Draft LEP (amended) to submit to the NA for approval.
Accordingly, the 4 contents still have different opinions to consult the NA, including: Classification of projects according to their level of impacts on the environment; subjects implementing preliminary environmental impact assessment; authority to appraise EIA reports; environmental licenses.
Regarding the classification of projects according to their level of impacts on the environment, the Draft Law has received the majority of opinions of the NA members. Accordingly, investment projects are classified into 4 groups: I, II, III and IV; specifying the criteria of each group as a basis for the Government to detail and promulgate a list of investment projects in groups I, II and III. Article 28 of the Draft Law is renamed to “Environmental criteria for classifying investment projects” in order not to be confused with project classification according to investment criteria. For the subjects implementing the preliminary environmental impact assessment (EIA), the Draft Law has received the opinions of the NA members and expressed in Article 29. Accordingly, only projects with high risk of adverse environmental impacts (Group I) are required to implement preliminary EIA. This option reduces administrative procedures for investors when implementing projects subject to investment policy decision and approval but not in the group of projects with high risk of adverse environmental impacts. For public investment projects, public-private partnership (PPP) projects or investment projects with private capital funding that do not have high risk of adverse environmental impacts, investors will not have to implement preliminary EIA. This option does not overlook the subjects of investment projects with private capital that are not subject to investment policy approval but have a high risk of adverse environmental impacts. Through preliminary EIA, investors avoid wasting finance and time in case the projects do not meet the requirements of environmental protection.
NA members pressing buttons to vote to pass the LEP (amended)
Regarding the authority to appraise EIA reports, the Draft Law has been revised according to the majority of opinions of NA members, that assigns provincial People’s Committees to assume the prime responsibility and coordinate with relevant ministries in appraising EIA reports for investment projects in their areas under the authority to decide on investment of ministries and ministerial-level agencies, except for projects under the responsibility of the Ministry of Natural Resources and Environment, the Ministry of Public Security, and the Ministry of National Defense and as stipulated in Article 35 of the Draft Law. In order to improve the professional capacity of local authorities and strengthen the coordination and receipt of opinions of the NA members, the Draft Law has added in Clause 3, Article 35 the responsibilities of ministries and ministerial-level agencies in the process of coordinating with the provincial People’s Committees to appraise EIA reports.
With the content of environmental licenses, the Draft Law has received opinions from NA members and clearly defined the coordination mechanism between agencies competent to issue environmental licenses with agencies managing and exploiting irrigation works in the process of appraisal and decision to issue environmental licenses. Accordingly, this coordination must be carried out right from the EIA implementation stage. Draft Law specifies the order and procedures for appraisal of EIA reports, issuance of environmental licenses, in case projects, facilities, concentrated production, business and service areas, industrial clusters have operations of discharging wastewater into irrigation works, the agency appraising the EIA reports and issuing environmental licenses must obtain written approval from the state management agency competent to manage such irrigation works such as Point d, Clause 3 of Article 34 and Point C, Clause 2 of Article 43.
In addition, the Draft Law has also received opinions from NA members and revised many articles and clauses such as: Environmental protection of natural heritage (Article 20, Article 21); national environmental protection planning (Article 23); environmental protection in regional, provincial planning (Article 24); provisions on environmental protection of surface water, groundwater; responsibility for air environmental quality management; environmental audit; revision of regulations on environmental protection in mineral exploration, exploitation and processing activities and oil and gas activities; wastewater collection and treatment; the time to calculate the statute of limitations for environmental lawsuits; assignment of state management responsibilities; revision of regulations on transition terms ...
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Some comments of NA members on the Draft LEP (amended) Member Trần Thị Quốc Khánh (Hà Nội Delegation): The passed Law and its enforcement will create a revolution
The passed LEP (amended) and its enforcement will create a revolution. Two revolutionary issues here are “green procurement” and “waste classification at source”, in which, “green procurement” must be integrated into agriculture, industry and many other fields. Waste classification at source has been mentioned for a long time, but implementation is still ineffective. Therefore, the passed Law will also create a mechanism for implementation, contributing to sustainable development and minimizing environmental pollution. After the Law is passed, there should be specific instructions for each residential area in implementing waste classification at source ... Member Lưu Bình Nhưỡng (Bến Tre Delegation): The Draft LEP (amended) is the basis for better dissemination and education on environmental laws
In general, the Draft LEP (amended) from the point of view, the guideline to the goal... is all important content and is presented quite well. Voters and the people strongly agree with this amendment with the point of issuing early to have an important legal framework to ensure to keep and protect the environment, not only in residential areas but also in concentrated production areas and with large projects and constructions that can cause large and long-term environmental consequences and risks. On the other hand, climate change is a big and frequent threat to the environment, so legal provisions are needed to limit these impacts. Besides, the completion and approval of this Draft Law is also the basis for better implementation of law dissemination and education to raise people’s awareness of environmental protection. In addition, ministries, sectors as well as local authorities can apply to handle environmental problems which are still very “fragile” today. Member Đặng Ngọc Nghĩa (Thừa Thiên - Huế Delegation): The view of sustainable development must be throughout the Draft LEP (amended)
Environment is a top priority issue, not only in our country but also in the world. Việt Nam has to face with greenhouse effects, climate change, natural disasters, storms, floods... This shows that the environment is affecting our lives every day, every hour. The Draft LEP (amended) has many new provisions such as more decentralization of environmental management to the provincial level in EIA, discharge licensing... The approval of the Draft Law by the NA will contribute to limiting the environmental impacts to the people. We do not trade the environment for economics; and keep the living environment clean to ensure the health of the people. The view of sustainable development must be throughout in this law, “every family, every people”, especially the leaders of every sector must be self-conscious to keep and protect the environment. |
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