What are the projects and facilities required to formulate an environmental improvement and remediation scheme in Vietnam?

What are the projects and facilities required to formulate an environmental improvement and remediation scheme in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the projects and facilities required to formulate an environmental improvement and remediation scheme in Vietnam?

According to Clause 2, Article 67 of the Law on Environmental Protection 2020, projects and facilities required to formulate an environmental improvement and remediation scheme include:

- Mineral mining projects;

- Mineral mining facilities operating before January 1, 2022 but failing to formulate an environmental improvement and remediation scheme or changing the environmental improvement and remediation contents specified in the approved plan;

- Mineral mining facilities operating before January 1, 2022 and having their environmental improvement and remediation scheme approved but failing to cover the cost of implementation thereof as prescribed by law.

2. Contents of an environmental protection and remediation scheme in Vietnam

According to according to Clause 3, Article 67 of the Law on Environmental Protection 2020, contents of an environmental protection and remediation scheme include:

- Solutions for environmental improvement and remediation; analyzing and assessing the solutions and selecting the best solutions;

- List and quantity of items serving environmental improvement and remediation for the selected solution;

- The implementation plan divided into multiple years and stages of environmental improvement and remediation; environmental monitoring program during the environmental improvement and remediation; plan to inspect and confirm completion of the scheme;

- An estimate of costs of environmental improvement and remediation for each item serving environmental improvement and remediation; deposits paid according to a roadmap.

3. Regulations on environmental protection in agricultural production

Regulations on environmental protection in agricultural production according to Article 61 of the Law on Environmental Protection 2020 are as follows:

- Every entity that produces, imports, sells and/or uses chemicals, agrochemicals, veterinary drugs and fertilizers must comply with regulations of law on environmental protection regulations and other relevant regulations of law.

- It is required to register, inventory, control, manage information about, assess and manage risks and handle chemicals, agrochemicals and veterinary drugs that are highly toxic, persist, spread and accumulate in the environment resulting in adverse impacts on environment and human health.

- Expired fertilizers, environmental remediation products in livestock production, agrochemicals, veterinary drugs, aquaculture feeds and environmental remediation products in aquaculture must be managed in accordance with relevant regulations of law.

Containers of fertilizers, animal feeds, aquaculture feeds, agrochemicals, veterinary drugs, environmental remediation products in aquaculture and products for livestock waste treatment after use, and sludge and feeds accumulated after cleaning of aquaculture ponds must be managed in accordance with waste management regulations.

Sludge dredged from channels and hydraulic structures must be collected, reused, recycled and managed as prescribed by law. Dead animals must be collected and dealt with in accordance with regulations on hazardous waste management and preventive medicine.

- Agricultural by-products must be collected to manufacture products and goods, used as raw materials and fuels, used for production of fertilizers and energy or managed as prescribed; by-products of plants must not be burned in the open air to avoid causing environmental pollution.

- The use of livestock waste as organic fertilizers or for plant watering or for other purposes must comply with the Government’s regulations.

- The State shall introduce policies to encourage innovation of models and methods for agricultural production in a sustainable and climate-resilient manner that saves water and restricts the use of inorganic fertilizers, agrochemicals and environmental remediation products in agriculture; develop environmentally-friendly agriculture models.

- The Ministry of Agriculture and Rural Development shall direct and organize management of sludge dredged from channels and hydraulic structures in compliance with environmental protection requirements.

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