Public Disclosure in Vietnam National Environment Agency

Contents Introduction Effort to make env’l information public Further evidence that firms may respond to public disclosure of information The “Strengthening Institutional Capacity on Environmental Information Management” Project

Introduction Achievements: Law on Environmental Protection, National Plan for Environmental Protection Challenges: - Lack of good information - Fragmented collection and use of environmental data - Limited share of information - Little or no dissemination of important information to the public.

Efforts to Make Info Public Legal Documents: - Article 69 Constitution 1992, - Article 10 Law on Env’l Protection - Political Bureau Directive 36/CT NEA achievements - Library with 3200 publishments - SoE and EIA reports - Environmental Protection Journal - Website: - National Survey on serious polluters: 296

Efforts to Make Info Public Local authorities’ efforts: HoChiMinh city DOSTE example - Black Book of 87 polluters. - Green Book of 19 facilities. Hanoi DOSTE - Project on “Assessment of industrial pollution in Hanoi and proposal of technical solutions for minimizing and preventing pollution in Hanoi”: White List of 30 polluters.

Ho Chi Minh City: Black Book Viet Nam History of Black Book: Early 90 ’ s: Rapid urbanization in HCMC, and increasing Early 90 ’ s: Rapid urbanization in HCMC, and increasing industrial pollution; industrial pollution; Number of complaints increases significantly; Number of complaints increases significantly; In 1993, HCMC ’ s ENCO launches a survey of 600 enterprises; In 1993, HCMC ’ s ENCO launches a survey of 600 enterprises; Worse polluters are identified; Worse polluters are identified; On June , ENCO recommends that HCMC People ’ s On June , ENCO recommends that HCMC People ’ s Committee publishes a list of 43 worse polluters. Committee publishes a list of 43 worse polluters.

Ho Chi Minh City: Black Book Viet Nam Estimated Impact of 1994 Black Book: According to ENCO ’ s annual report: 13 firms listed had installed waste treatment plants; 1 firm had moved to the outskirts of the city; 21 firms had prepared an EIA report; 8 enterprises had undertaken no action. ENCO repeats the exercise in 1997 with a second Black Book listing 44 firms.

Ho Chi Minh City: Black Book Viet Nam According to a recent survey: According to a recent survey: 98% of interviewed factories answered that the black books have induced them to invest in pollution control measures, and to improve their environmental performance in order to get the firm removed from the black books;

Ho Chi Minh City: Black Book Viet Nam According to a recent survey: According to a recent survey: 98% of interviewed factories answered that the black books have induced them to invest in pollution control measures, and to improve their environmental performance in order to get the firm removed from the black books; 39% think that it may be an advantage to be listed in the black books since this may allow them to request subsidies from the government to reduce their pollution.

Ho Chi Minh City: Green Book Viet Nam History of Green Book: In 1998, DoSTE publishes a list of 19 firms with an In 1998, DoSTE publishes a list of 19 firms with an excellent environmental performance; excellent environmental performance; Objectives: Inform other enterprises about pollution treatment systems which were effectively implemented by some firms in HCMC; Glorify the firms that were successful in improving their environmental performance.

Ho Chi Minh City: Green Book Viet Nam According to a recent survey: According to a recent survey: 55% of the firms use this information with their clients; One firm used the information to obtain better conditions on a loan agreement; 82% of the firms said that being listed in the Green Book bring benefits to them such as: (i) Neighboring residents are satisfied, and the company is not the object of complaints anymore; (ii) it creates a friendly and good image of the firm with government agencies, clients, and the public; and (iii) the firm does not need to worry about penalties from inspection agencies.

Ho Chi Minh City: Green Book and Black Book Green Book and Black Book Viet Nam Issues: The Books are not made widely publicly available; The Books are not made widely publicly available; The Books are not regularly and periodically updated; The Books are not regularly and periodically updated; No support is provided to enterprises to support them No support is provided to enterprises to support them to improve their performance. to improve their performance.

Evidence that Public Dislosure will work Most small and medium violations were detected by public. Community plays important role in forcing polluters to comply with laws: Examples of Phalai Thermal Power Plant, Hanoi Dairy Factory Polluters are willing to pay rather than to be published

Challenges no decree or circular on how to publish environmental issues. environmental reports disseminated only among environmental authorities. information and data disclosed by the NEA mainly aimed at enhancing the public awareness rather than revealing the pollution data no national strategy for the development of and public access to environmental information inadequate participation of mass media and public

Project “Strengthening Institutional Capacity on Envl Info Management” Sponsored by World Bank Time: June June 2002 Objectives: 1. Develop a strategy for strengthening environmental information management 2. Strengthen national capacity to develop and manage environmental information system 3. Conduct a pilot program in Hanoi

Project “Strengthening Institutional Capacity on Envl Info Management” Needs Assessment Strategy Preparation Pilot Program in Hanoi

SICEIM Project Needs Assessment - Main activities  Filed trips and interviews with key stakeholders;  Study tours  National Workshop to assess the needs of information use and sharing in Vietnam, collect ideas and comments on needed elements for an environmental information policy.

SICEIM Project Needs Assessment - Recommendations A Legal framework for information management and sharing Improved technical infrastructures with more application of modern information technologies. Forms of public disclosure must be considered so that information received will be match with the level of knowledge of the people and create better responses from both the people and enterprises.

SICEIM Project Strategy - Objectives Address the principle issues including:  Priorities for the kinds of information to be collected and disseminated;  Specific institutional roles and responsibilities for collecting and sharing environmental information;  Information flow among central and local authorities, communities and industrial sectors;  Public access to information;  Mechanisms for information sharing;  Development and design a national environmental databank.

SICEIM Project Pilot Program - Main Activities  Set criteria for the selection of enterprises participating in the pilot program;  Define parameters/indicators to evaluate the environmental performance and detailed monitoring plan;  Design the rating system and pilot disclosure program (defining what, how and to whom the information should be disclosed);  Develop information system and training on the rating system for district staff;  Launch a campaign to make the mass media (newspapers, radio, television and internet services) be involved in the dissemination of gathered information on environmental performance.

SICEIM Project Pilot Program - Progress Technical workshop "Assessment of wastewater pollution of several industrial enterprises in Hanoi”: May 7, Selected 50 enterprises based on following criteria: -Located in 4 selected industrial zones and in 5 inner districts of Hanoi Capital; -Specialized in 2 main industrial sectors: Foodstuffs and Beverage, Textile products;

SICEIM Project Constraints From authorities: -Limited institutional capacities for environmental information/data gathering, processing and managing - Inadequate legal instruments

SICEIM Project Constraints From industrial sector: -Limited financial & technical resources to conduct self-monitoring and investment in pollution control. - Unwilling to reveal the information on environmental performance From communities: - Low awareness.