CURRENT SITUATION ON WATER ENVIRONMENT POLLUTION IN VIETNAM – LEGAL FRAMEWORK AND DIRECTIONS TO FURTHER CONTROL WATER POLLUTION IN THE FUTURE VIETNAM ENVIRONMENT ADMINISTRATION DEPARTMENT OF POLLUTION CONTROL Hanoi, May 2016

MAIN CONTENTS I.CURRENT SITUATION ON WATER ENVIRONMENT POLLUTION IN VIETNAM II. LEGAL FRAMEWORK ON WATER POLLUTION CONTROL III. DIRECTIONS ON ACTIVITIES TO CONTROL WATER POLLUTION IN THE FUTURE

II. LEGAL FRAMEWORK ON WATER POLLUTION CONTROL

The 2014 Law on Environment Protection 20 Chapters, 179 Articles Effective from 01/01/2015 II. LEGAL FRAMEWORK ON WATER POLLUTION CONTROL IN 2014 LAW ON ENVIRONMENT PROTECTION II. LEGAL FRAMEWORK ON WATER POLLUTION CONTROL IN 2014 LAW ON ENVIRONMENT PROTECTION 1. Control the quality of water and waste source discharged into water environment 2. Control wastewater 3. Measures to assist the management of water pollution Constitutional rule on ensuring human right to live in a good environment The 2012 Law on Water Resources 1. Prevention of water source pollution, deterioration and depletion 2. Monitoring water resources 3. Water source protection corridor

2005 Law on EP 2014 Law on EP Focusing on waste sources to the river - Water source is the foundation for regulations on prevention and control of water environment pollution and improvement of water quality - Clarify responsibilities on river water environment protection between provincial People’s committee and MONRE Control Water Environment Capacity to receive wastewater and the possibility to self- clean of the river Very light regulations on control and remedy water environment pollution (Paragraph 3, Article 60) In all articles related to river water environment protection, from principle to control, contents to monitor and remedy of water pollution and responsibilities of relevant agencies (Article 52  Article 55)

 Clarify entities responsible for wastewater treatment  Clarify responsibility of investors and management units in wastewater treatment  Improve the situation of blaming each other when there occur violations on environment protection on wastewater treatment;  Providing for automatic and continuous wastewater monitoring system  Improving the situation of false copying and reporting of statistics, and avoid responsibilities of running the waste treatment of entities discharging waste. II.2. Wastewater Management The 2014 Law on EP

ENVIRONMENTAL MONITORING 2014 Law on EP Measures to assist in controlling water pollution: MEASURES TO MONITOR, EVALUATE AND SETTLE VIOTIONS STANDARDS FINANCE SYSTEM Chapter 11 Chapter 12 Chapter 16 Chapter 18

II.3. MEASURES TO ASSIST IN CONTROLLING WATER POLLUTION OTHER MEASURES Economic measures (Fees, Env. taxes) Inspection, Verification Env. Fees regarding wastewater All entities discharging wastewater - Decree No. 25/2013/ND-CP - Inter-ministerial Circular No. 63/2013/TTLT-BTC-BTNMT - Circular No. 06/2013/TT- BTNMT Administrative and Criminal procedures Training, Media

10 POLICIES Prevention Planning, classify into different areas Environment dossier, commitments Monitoring environment changes Capacity to receive waste Identification and Stopping Identifying and separating waste sources Settling entities who cause pollution Remedy and Recover Limit pollution Settlement of pollution Recovery of the environment Waste accounting EconomicTechnology Env. Impact Assessment MonitoringStandardsInspection Training, Media KIỂM SOÁT ÔN POLLUTION MANAGEMENT

Why water environment continues to be polluted?  The contents on controlling water pollution are very general, not detailed enough, and not adequately clear in terms of responsibility, while water pollution in Vietnam has not been prevented in a systematic manner and there is the risk of not being able to control the level of pollution.  The Law on Water Resources mostly focus on water source as one of the national resources, while the Law on Environment Protection is more of a framework manner  therefore, both of these law have not contained adequate contents regarding water pollution control, including such basic issues as identifying and controlling main sources of pollution (e.g. factories, hospitals, etc.)  The contents on water pollution control are scattered in different chapters and articles, and not presented in a consolidated and systemized manner  therefore management agencies and other entities involving in environment protection cannot clearly identify their tasks.

Why water environment continues to be polluted?  Pollution Control includes: PREVENTION; IDENTIFICATION – STOPPING; REMEDY – RECOVER  The “prevention” stage has not been paid adequate attention and has not been effectively implemented, in practice, it is mainly to settle the violations (and still not strict enough).  The role of the public in “supervising” stage has not been effectively implemented: The task of control water pollution is only done in a very superfluous manner, lack of clear responsibilities, therefore not effective. In the supervision activities, the public do not have enough power and sometimes lack of knowledge and they are not protected in case they discover and bring up a case of serious water pollution.