Vietnam: Regulations on environmental protection in industrial clusters

Vietnam: Regulations on environmental protection in industrial clusters (Internet image)

1. Environmental protection in industrial clusters

According to Clause 1, Article 52 of the Law on Environmental Protection 2020, every industrial cluster must have the environmental protection infrastructure specified in Clause 1 Article 51 of the Law on Environmental Protection 2020.

A dedicated area for production, business operation and service provision must have environmental protection infrastructure, including:

- A rainwater collection and drainage system; centralized wastewater collection, drainage and treatment system which ensures that treated wastewater satisfies environmental protection requirements;

- Works and equipment serving environmental emergency prevention and response for wastewater as prescribed by law;

- An automatic and continuous wastewater monitoring system for the centralized wastewater treatment system as prescribed by this Law;

- Green space with the ratio prescribed by the law on construction.

2. Requirements on environmental protection for industrial clusters in operation

Pursuant to Clause 2, Article 52 of the Law on Environmental Protection 2020, an industrial cluster that is operating must satisfy the following requirements:

- The environmental protection infrastructure specified in Clause 1 Article 51 of the Law on Environmental Protection 2020 must be completed within 24 months from January 1, 2022;

- In the case of exemption from connection to the centralized wastewater collection, drainage and treatment system, it is required to ensure that

+ Treated wastewater complies with environmental protection requirements before discharging it into the environment;

+ There should be an environmental emergency prevention and response scheme tailored for the wastewater and automatic continuous wastewater monitoring system as prescribed by law.

3. Responsibilities for investor in construction and commercial operation of an industrial cluster in Vietnam

According to Clause 3, Article 52 of the Law on Environmental Protection 2020, an investor in construction and commercial operation of an industrial cluster shall:

- Satisfy the requirements set out in Section 1;

- Construct, manage and operate environmental protection infrastructure as prescribed in Section 1.

- Not accept new projects and capacity increase of existing projects that generate waste in the industrial cluster before a centralized wastewater collection, drainage and treatment system is available;

- Collect and connect wastewater of facilities in the industrial cluster to the centralized water collection, drainage and treatment system;

- Request facilities discharging treated wastewater into the rainwater collection and drainage system to halt discharge of treated wastewater into the rainwater collection and drainage system within 24 months from January 1, 2022;

- Assign at least one person in charge of environmental protection majoring in environment or field suitable for his/her assigned tasks;

- Cooperate with an environmental protection authority in environmental protection; cooperate in organizing inspection of environmental protection by facilities in the industrial cluster as prescribed by law;

- Organize the inspection of fulfillment of environmental commitments by the investment project/business owner upon registering investment in the industrial cluster;

- Promptly discover violations against the law on environmental protection committed by entities and propose penalties therefor as prescribed by law;

- Promulgate regulations on environmental protection of the industrial cluster in conformity with the environmental protection requirements as prescribed by law;

- Prepare a report on environmental protection by the industrial cluster and send it to the provincial specialized environmental protection authority, licensing authority and district-level People’s Committee as prescribed by law;

- Assume other responsibilities prescribed by law.

4. Responsibilities of People's Committees at all levels in environmental protection for industrial clusters in Vietnam

4.1 Responsibilities of the District-level People’s Committees in Vietnam

- Construct, manage and operate infrastructure serving environmental protection in industrial clusters if investors on construction and commercial operation of industrial cluster infrastructure are not available.

- Prepare a list of industrial clusters that fail to have a centralized wastewater collection, drainage and treatment system within their districts and notify the provincial People’s Committees;

- Assume other responsibilities prescribed by law.

4.2 Responsibilities of the Provincial People’s Committees in Vietnam

- Direct specialized agencies, district and communal-level People’s Committee to comply with regulations of law on environmental protection of industrial clusters;

- Promulgate regulations on encouraging involvement of private sector in construction, commercial operation and operation of infrastructure serving environmental protection in industrial clusters;

- Introduce a roadmap for relocate residents (if any) from industrial clusters.

(Clause 5, 6, Article 52 of the Law on Environmental Protection 2020)

Van Trong

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