Nghị quyết 19/2011/QH13

RESOLUTION

ON RESULTS OF SUPERVISION AND STEPPING UP OF THE IMPLEMENTATION OF ENVIRONMENTAL POLICIES AND LAWS IN ECONOMIC ZONES AND CRAFT VILLAGES

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;

Pursuant to Law No. 05/2003/QH11 on Supervisory Activities of the National Assembly;

Pursuant to Resolution No. 54/2010/QH12 on the program for supervisory activities of the National Assembly in 2011;

Considering Report No. 39/BC-UBTVQH13 of October 20, 2011, of the National Assembly Standing Committee on supervisory results, Report No. 170/BC-CP of September 22, 2011, of the Government on the implementation of environmental policies and laws in economic zones and craft villages, and opinions of National Assembly deputies,

RESOLVES:

Article 1. The National Assembly agrees to the contents of the National Assembly Standing Committee's report on results of supervision of the implementation of environmental policies and laws in economic zones and craft villages regarding assessments of the obtained results, limitations and weaknesses and causes of such limitations and weaknesses as well as proposals to step up the implementation of environmental policies and laws in economic zones and craft villages; and at the same time stresses on the following issues:

1. The formation and building of coastal economic zones in association with environmental protection in localities is a correct undertaking of the Party and the State in the process of national socio-economic development and international integration. At present, most of economic zones have just started their operation. As construction items in many economic zones remain in the stage of planning, ground clearance or construction, the environmental quality is not alarming yet. In the future, when economic zones arc completed and put into operation while due attention is not given to environmental protection, the danger of environmental pollution will be very high and the treatment of environmental pollution then will be very costly and difficult;

2. Craft villages and villages with crafts came into existence in Vietnam hundreds of years ago, or even thousands of years in some areas. At present, there are more than 1,300 recognized craft villages and 3,200 villages with crafts. Production activities in craft villages have greatly contributed to stabilizing inhabitants' lives and socio-economic development, creating jobs for more than 11 million laborers nationwide. Most craft villages have not yet been rationally planned, with small-scaled and unstable production and obsolete technologies, which are scattered and intermingled with residential quarters. Hence, environmental pollution in these villages is hardly controlled, treated and redressed, and has become more and more serious in some areas, badly affecting the health of local inhabitants, particularly direct workers;

3. The system of laws and regulations on environmental protection in economic zones and craft villages has been incrementally formed. However, they are still inadequate and unsyncronous, and often promulgated late, with overlapping and difficult-to-enforce provisions. Many promulgated national standards and technical regulations on environment are slow to be applied and infeasible, particularly for craft villages;

4. The state management apparatus of environmental protection from the central to local level has been consolidated step by step. However, coordination among state management agencies in environmental protection in economic zones remains loose; the division of responsibility for state management of craft villages in not a few localities still sees overlap and loopholes;

5. The inspection, examination and handling of violations of the environmental protection law have seen progress, but not yet been carried out regularly; the handling of violations of the environmental protection law is not strict, lacking consequence-remedying measures in a majority of cases. Though attention has been given to the propagation, education and dissemination of policies and laws on and socialization of environmental protection activities, the results remain low as the content is not yet appropriate to reality.

Article 2. In order to step up the implementation of policies and laws on environmental protection in economic zones and craft villages, the National Assembly assigns the Government to perform the following tasks and solutions:

1. General tasks and solutions:

a/ To scrutinize, revise, add or promulgate documents guiding the implementation of the law on environmental protection in economic zones and craft villages; to further improve guidelines on assessment of and compensation for damage caused by environmental pollution to the environment and human health. To submit to the National Assembly the (revised) Law on Environmental Protection as scheduled in the Resolution on the Law- and Ordinance-Making Program of the XIII^th National Assembly, covering amendments and supplements to a number of specific provisions on environmental protection in economic zones and craft villages;

b/ To introduce mechanisms and policies to boost and encourage scientific research and application of advanced and modern technologies; to closely manage the technology transfer and the import of machines and equipment to serve production in economic zones and craft villages; to produce environmentally friendly products;

c/ To organize dissemination and education about, and raise the awareness and the sense of observance of, the law on environmental protection, among organizations, individuals, households, enterprises and production, business and service establishments in economic zones and craft villages, in a regular and most effective manner. To train human resources and raise managerial, professional and technical qualifications for environmental protection officers in economic zones and craft villages;

d/ To properly carry out the socialization of environmental protection; to formulate mechanisms and policies to encourage organizations, individuals, households and production, business and service establishments to invest in environmental protection in economic zones and craft villages;

e/ To intensify inspection, examinations and handling of violations of the law on environmental protection, the assessment of environmental impacts and realization of environmental protection commitments, and post-environmental impact assessment activities of production, business and service establishments in economic zones and craft villages; to strictly control the allocation, management and use of slate budget funds for and investment in environmental protection.

2. For coastal economic zones:

a/ To formulate and finalize a strategy and a master plan for development of coastal economic zones in conformity to national and regional socio-economic development strategies in association with environmental protection and defense and security maintenance, suitable to the practical conditions and situation of investment capability, management capability and infrastructure of the whole country and localities.

b/ To expeditiously scrutinize, adjust and add regulations on the managerial function of coastal economic zone management boards in conformity to the state management decentralization and characteristics of economic zones: to develop a mechanism for coordination among related agencies in environmental management; to specifically define the competence to inspect, examine and handle administrative violations in the field of environmental protection in coastal economic zones;

c/ To direct the strict implementation of environmental protection regulations in economic zones, attaching importance to the construction and operation of centralized wastewater and waste treatment systems.

3. For craft villages:

a/ To formulate a strategy for development of craft villages in association with environmental protection requirements and new countryside building programs. To clarify the concepts of craft village and traditional craft village in a scientific manner, suitable to reality and meeting the environmental protection requirements in the period of accelerated national industrialization and modernization. To add environmental protection criteria to criteria for recognition of craft villages. To renew the management of craft villages to achieve effectiveness; to enhance the protection of intellectual property and build up brands for craft villages and their products;

b/ To expeditiously plan craft villages in a scientific manner, based on elements of traditional-craft villages, level of environmental pollution and requirements of preserving and promoting the values of national culture. To promulgate specific policies on support for production technologies, personnel training, production grounds, product outlets and development investment in craft villages. The State shall partially invest in upgrading infrastructure facilities of recognized craft villages, especially traditional craft villages. To widely multiply effective models of socialization of environmental protection; to formulate village codes or conventions incorporating commitments to protecting the craft village environment;

c/ To severely handle acts in violation of the law on environmental protection in craft villages, which cause serious environmental pollution. By 2015, 85% of production establishments, discarded material-recycling establishments or those disguised as craft villages which process or manufacture seriously polluting products will be handled;

d/ To properly materialize the national target program for pollution mitigation and environ­mental improvement, focusing on the treatment of environmental pollution in craft villages.

Article 3. The Standing Committee, the Ethnic Council and Committees of the Ethnic Assembly, National Assembly deputies' delegations, individual National Assembly deputies and People's Councils at all levels shall supervise the implementation of this Resolution according to their respective functions, tasks and powers.

This Resolution was adopted on November 26, 2011, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 2nd session. -