DECISION No.
64/2003/QD- TTg OF APRIL 22, 2003 APPROVING THE PLAN FOR THOROUGHLY HANDLING
ESTABLISHMENTS WHICH CAUSE SERIOUS ENVIRONMENTAL POLLUTION
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the December 27, 1993 Law on
Environmental Protection;
In order to enhance the environmental protection work in
the period of national industrialization and modernization;
At the proposals of the Minister of Natural Resources
and Environment, the Minister of Science and Technology as well as
the concerned ministries, branches and localities,
DECIDES:
Article 1.- To approve the plan for thoroughly handling
establishments which cause serious environmental pollution (hereinafter called
the plan for short) with the following principal contents:
I. THE PLAN'S OBJECTIVES:
1. Immediate objectives till 2007:
To concentrate efforts on thoroughly handling 439 establishments causing
serious environmental pollution out of a total of 4,295 polluting establishments,
which had been scrutinized and listed by 2002, including 284 production and
business establishments, 52 rubbish dumps, 84 hospitals, 15 plant protection
drug warehouses, 3 toxic chemical storage zones and 1 wartime bomb warehouse,
in order to settle immediately the hottest and most burning environmental
pollution spots in urban centers. densely populated areas and severely polluted
areas, thus contributing to protecting the environment and community's health;
to step up the work of pollution prevention and preclusion, step by step
control and limit the rate of increase in the number of establishments causing
serious environmental pollution throughout the country. .
2. Long-term objectives till 2012:
To continue thoroughly handling the remaining 3,856 establishments which
cause serious environmental pollution and newly arising establishments. To
further step up the work of pollution prevention and preclusion. proceeding to
control and limit the rate of increase in the number of establishments causing
serious environmental pollution throughout the country. ensuring the
sustainable development in the period of national industrialization and
modernization.
II/. HANDLING PRINCIPLES
1. The thorough handling of environmental pollution- causing
establishments shall be conducted on the principle of ensuring the sustainable
development.
2. The thorough handling of establishments causing serious environmental
pollution must be conducted in a resolute manner and suitable to the reality of
each locality, each branch and each establishment; to review and select the
most typical and burning polluting establishments for handling first in order
to draw experiences for widespread application.
3. Those subjects that cause environmental pollution must take the
responsibility to thoroughly treat and overcome the pollution. The State shall
have to treat and overcome environmental pollution in particular cases.
4. In the course of thoroughly handling establishments which cause
serious environmental pollution, the laborers' legitimate interests must be
ensured according to the current legislation.
III. THE PLAN'S CONTENTS
1. Stage I (2003-2007):
To concentrate efforts on thoroughly handling 439 establishments which
cause serious environmental pollution mentioned in Appendices No.1 and 2 to
this Decision (not printed herein), of which:
a/ From 2003 to 2005, to concentrate efforts on immediately handling 51
establishments which cause particularly serious environmental pollution,
including 29 production and business establishments, 3 toxic chemical storage
zones, 1 wartime bomb warehouse, 15 plant protection drug warehouses and 3
rubbish dumps (Appendix No.1, not printed herein).
b/ At the same time, to expeditiously elaborate plans,
handle and complete the handling of the remaining 388 establishments which
cause serious environmental pollution of stage 1 (Appendix No.2, not printed
herein), including:
-To renovate and upgrade technologies at 55 production and business
establishments.
-To build waste
treatment works at 200 production and business establishments.
-To control pollution, upgrade, renovate and build the pollution
treatment systems at 49 former and existing rubbish dumps.
-To treat
environmental pollution at 84 hospitals.
2. Stage II (2008-2012)
On the basis of making final review on, and draw experiences from, the
handling in the 2003-2007 period, to take synchronous measures, continue
thoroughly handling the remaining 3,856 establishments which cause serious
environmental pollution and newly arising establishments.
In order to efficiently implement the plan throughout the country, the
concerned ministries, branches, localities and establishments should apply the
following synchronous solutions:
1. To study, elaborate, promulgate or supplement and perfect the system
of relevant legal documents as well as mechanisms and policies with a view to
ensuring the high efficiency of the plan implementation.
2. To diversify investment capital sources for the plan implementation
(own capital, State budget capital, loan capital from different funds and other
sources).
-The establishments' owners shall take the prime responsibility for
capital investment in the treatment of serious environmental pollution they
have caused; be entitled to use financial-assistance sources and voluntary
contributions of domestic and foreign organizations and individuals for the
implementation thereof; be considered for borrowing preferential capital from
Vietnam Environmental Protection Fund according to the provisions in the Prime
Minister's Decision No. 82/2002/QD- TTg of June 26, 2002 on the establishment,
organization and operation of Vietnam Environmental Protection Fund.
-The ministries, branches and localities, which manage establishments
causing serious environmental pollution, shall draw up plan on partial capital
support from the State budget for the plan implementation (for parts under the
responsibilities of their respective ministries, branches and localities).
3. The owners of the establishments causing serious environmental
pollution, who implement the plan, shall be entitled to enjoy tax exemption
and/or reduction policies or preferences on tax rates, enterprise income tax,
tax on the import of advanced machinery and equipment as well as clean production
and environment-friendly technologies; enjoy policies, land use levy, land
rental and land use tax preferences or exemption according to the provisions of
the Government's Decree No. 51/1999/ND-CP of July 8, 1999 detailing the
implementation of the Domestic Investment Promotion Law (amended).
4. To encourage the renovation and upgrading of technologies; to step up
the application of clean and environment-friendly technologies to enterprises'
production.
5. To enhance the work of State management over environment from the
central to local level, especially in examining, inspecting, monitoring and
urging the plan implementation as well as the work of State inspection and
specialized inspection of environmental protection. To encourage and support
enterprises to apply the environmental management system according to the
Vietnamese Environmental Standards. To study and apply the fixture of
environmental labels on enterprises' products, first of all to experimentally
apply it in Hanoi and Ho Chi Minh cities.
6. To step up the work of education and communication on the mass media
for the plan implementation. To mobilize and encourage all people and each
population community to actively participate in preventing and treating
pollution as well as overcoming environmental decline.
7. To enhance international cooperation with a view to exploiting
resources of foreign organizations and individuals for the plan implementation.
8. To take administratively coercive measures as prescribed by law for
those establishments causing serious environmental pollution, which commit acts
of dragging on, delaying the implementation of, or involuntarily implementing,
the plan already approved by the Prime Minister.
V. ORGANIZATION OF IMPLEMENTATION
1. To set up an inter-branch Steering Committee to direct the plan
implementation, which is composed of the Minister of Natural Resources and
Environment as its head, a vice-minister of Natural Resources and Environment
as its standing deputy-head, and vice ministers of Planning and, Investment,
Finance, Science and Technology, Industry, Construction, Communications and
Transport, Agriculture and Rural Development, Health, Aquatic Resources, and
Defense, as its members. The inter-branch Steering Committee has its standing
section based at the Ministry of Natural Resources and Environment. The
Steering Committee operates under the Regulation issued by its head in
accordance with the current law provisions.
2. The Ministry of Natural Resources and Environment shall have the
tasks:
a/ To act as a standing body of the Steering Committee, which is tasked
to assist the Government in assuming the prime responsibility and coordinating
with the concerned ministries, branches and localities in organizing the plan
implementation.
b/ To organize the thorough study of the plan contents for the subjects
participating in thoroughly handling establishments which cause serious
environmental pollution.
c/ To elaborate and promulgate according to its competence or submit to
the Prime Minister for promulgation legal documents as well as mechanisms and
policies on environmental protection, preferences on investment capital,
credit, taxes, land, and techniques, and ensure the legitimate interests of
laborers of the environment polluting establishments which implement the plan.
d/ To take responsibility for urging, examining, inspecting, monitoring
and organizing the coercion for plan implementation. To synthesize, review and
evaluate the plan implementation, make annual reports and submit them to the
Prime Minister.
3. The Ministry of Planning and Investment shall assume the prime
responsibility and coordinate with the Ministry of Finance in properly
balancing and apportioning capital for the concerned ministries, branches and
localities in order to support them and ensure that the plan is implemented
strictly according to the schedule already approved by the Prime Minister.
4. The ministries, branches and local administrations mentioned in
Appendices 1 and 2 (not printed herein), which manage establishments causing
serious environmental pollution, shall have to coordinate with the Ministries
of: Natural Resources and Environment; Planning and Investment; and Finance in
evaluating and approving the establishments' handling schemes; mobilize capital
sources and direct the plan implementation strictly according to the time and
tempo prescribed in Appendices No.1 and 2.
5. The establishments causing serious environ- mental pollution
mentioned in Appendices No.1 and 2 shall have to elaborate schemes, invest capital
and organize the treatment of environmental pollution they have caused.
6. Communication agencies should intensify the propagation and education
contents on environmental protection, pollution prevention and thorough
handling of establishments causing serious environmental pollution and bad
impacts on ecological environment and health.
Article 2.- This Decision takes implementation effect 15 days
after its publication in the Official Gazette.
Article 3.- The ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government, the presidents
of the People's Committees of the provinces and centrally-run cities as well as
the concerned organizations and individuals mentioned in Appendices No.1 and 2
shall have to implement this Decision.
For the Prime Minister Deputy
Prime Minister
NGUYEN TAN DUNG