Implementation of the law on environmental protection in industrial zones in Thanh Hoa province

The Law on Environment Protection 2014 and guiding documents

are increasingly completed and had more specific regulations on

obligations and responsibilities of environmental protection in IZs of

entities. This has created a favorable legal basis for implementation,

inspection, supervision and handling violations of implementing the

law on environmental protection in industrial zones.

In 2018, Thanh Hoa province issued Decision No. 928/QDUBND dated March 30, 2018 regulating the price of wastewater

treatment services in Le Mon Industrial Park. In 2012, the province

issued Decision No. 1419/QD-UBND dated September 8, 2012

promulgating regulations on coordination of environmental

protection in Nghi Son EZ and other industrial zones in the province.

Second, the propaganda and education to raise awareness of

enterprises in industrial zones about the implementation of the law on

environmental protection have been increasingly concerned

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n is a comprehensive, intensive and systematic research work on the implementation of the law on environmental protection in industrial zones and have the following contributions: First, the dissertation seeks to clarify theoretical basis of the implementation of the law on environmental protection in industrial zones such as concept, characteristics, roles, contents, forms and conditions to ensure the implementation of the law on environmental protection in industrial zones. Second, the dissertation tries to analyze, make comments and assess the advantages and limitations of the Implementation of the 5 law on environmental protection in industrial zones in Thanh Hoa province, and then it points out the causes of such advantages and limitations. Third, the dissertation proposes common and specific views and solutions to ensure the implementation of the law on environmental protection in industrial zones of the whole country in general, and of Thanh Hoa province in particular in the coming time. 6. Scientific and practical significance of the dissertation - Scientifically: from perspective of jurisprudence, the dissertation seeks to further clarify the theoretical issues on implementation of the law on environmental protection in industrial zones. - The dissertation contributes to supplementing and completing the theory on implementation of the law on environmental protection in industrial zones. The dissertation can be seen as useful reference for other localities in implement the law on environmental protection in the industrial zones. - Practically: the dissertation is the basis for the competent state agencies to issue the law, amendment and supplement provisions of the law related to the implementation of the law on environmental protection in industrial zones. 7. Structure of the dissertation Besides the introduction and conclusion, references and appendix, the dissertation includes 4 chapters: Chapter 1: Literature review Chapter 2: Theoretical issues on implementation of the law on environmental protection in industrial zones Chapter 3: The reality of the implementation of the law on environmental protection in industrial zones in Thanh Hoa province Chapter 4: Viewpoints and solutions to ensuring implementation of the law on environmental protection in industrial zones 6 Chapter 1 LITERATURE REVIEW 1.1. Overview of research situation related to the dissertation 1.1.1. Domestic research works 1.1.1.1. Research works on theoretical issues on implementation of the law on environmental protection in industrial zones Research works on the implementation of the law on environmental protection in industrial zones have mentioned the concept, characteristics and role of implementing the law on environmental protection in industrial zones, as well as the content forms and conditions to ensure implementation of the law on environmental protection in industrial zones. Regarding the concept of implementing the law on environmental protection in industrial zones in the localities, all authors based on the basic theoretical issues such environment, environmental protection, the law on environmental protection and implementation of the law on environmental protection. Regarding characteristics of implementing the law on environmental protection and the implementation of the law on environmental protection in industrial zones, previous research works have mentioned the characteristics of entities, content and time for planning, as well as investment in infrastructure and production process of enterprises. At the same time, the authors have also analyzed the role of implementing the law on environmental protection in industrial zones in the localities. Conditions and the influencing factors are the basic theoretical content to be analyzed by previous works. 1.1.1.2. Research works on the real situation of implementing the law on environmental protection and implementation of the law on environmental protection in industrial zones 7 Authors have mainly assessed the real situation on implementing environmental law of the people, enterprises, and organizations. Analyzing the causes leading to the implementation of the law on environmental protection are mainly entities’ awareness of law is not high; lack of investment capital for environmental pollution treatment works; propaganda, dissemination and education of environmental law are still limited; Party committees at all levels and local authorities have not really paid attention to environmental problems. 1.1.1.3 Research works on solutions of implementing the law on environmental protection and implementation of the law on environmental protection in industrial zones Regarding this issue, authors have proposed some solutions to ensure the implementation of the law on environmental protection such as issuing the law on environment in Vietnam; socializing the implementation of the law on environmental protection by increasing the participation of socio-political organizations, mass and communities; strengthening international cooperation in the field of environment, especially international cooperation on law and increasing spending on environment protection. 1.1.2. Overseas research works 1.1.2.1. Research works on the real situation of implementing the law on environmental protection Previous research works have mentioned air quality, prevention and control of environmental pollution, noise pollution industrial emissions, urban wastewater treatment, sewer sludge discharge, mining waste, carbon capture and storage, landfills, electronic waste treatment and incineration factory. 1.1.2.2. Solutions to ensure implementation of the law on environmental protection Foreign research works have basically mentioned solutions of implementing the law on environmental protection for state 8 management activities such as setting up regulations, certification of state performance, administration and inspection. In addition, they have also referred lessons related to the role and content of state management for the implementation of the law on environmental protection. 1.2. Assessing research situation 1.2.1. Research achievements that the dissertation inherits and further examine First, previous research works have analyzed the concept and characteristics of implementing the law on environmental protection in industrial zones. Second, they have analyzed the provisions of the law, assessing environmental impact in industrial zones, obligations to prevent and remedy pollution, as well as the state responsibility in inspection and examination of implementing the law on environmental protection in industrial zones. Third, previous research works have also analyzed impact of the implementation of the law on environmental protection in industrial zones on the socio-economic development in localities having industrial zones. Fourth, previous research works have proposed a number of solutions to improve the law on environmental protection in industrial zones, as well as responsibility of the state and entities while implementing the law on environmental protection in industrial zones. 1.2.2. The issues that need to be further examined in this dissertation 1.2.2.1. Reasoning on implementation of the law on environmental protection According to the content of the dissertation, the author will clarify comprehensively the theoretical issues on the implementation of the 9 law on environmental protection such as the concept, characteristics, role, contents and forms as well as conditions to ensure the implementation of the law on environmental protection. 1.2.2.2. The real situation of implementing the law on environmental protection in industrial zones in Thanh Hoa province Examining the real situation of implementing the law on environmental protection in industrial zones in Thanh Hoa province – the province is strongly developing large industrial zones, especially Nghi Son oil refinery area, has many differences from other local industrial zones. 1.2.2.3. Viewpoints and solutions to ensure the implementation of the law on environmental protection in industrial zones The dissertation proposes viewpoints and solutions to ensure the implementation of the law on environmental protection appropriately, fully and comprehensively to apply the law on environmental protection for industrial zones in Vietnam today. 1.3. Research questions and hypotheses 1.3.1. Research questions Theoretically: what we should add to the concepts, characteristics, role, contents and conditions of implementing the law on environmental protection so as to cover all subjects and contents of implementing the law on environmental protection in industrial zones? Regarding current situation: what are the advantages and disadvantages of implementing the law on environmental protection in industrial zones in Thanh Hoa province? The cause of the advantages and disadvantages? Regarding viewpoints and solutions: which are viewpoints and solutions to effectively implement the law on environmental protection in industrial zones? 1.3.2. Research hypotheses 10 - Conception of environment, law on environmental protection and implementation of the law on environmental protection in industrial zones are not comprehensive and clear. - Theoretical basis of the law on implementation of the law on environmental protection in industrial zones in Vietnam is incomplete and comprehensive. - The provisions of the law on environmental protection in industrial zones are inadequate, limited and are not systematic. - The reality of implementing the law on environmental protection in industrial zones and controlling the implementation of the law on environmental protection in industrial zones still face many problems and shortcomings. - There is no clear and long-term direction for implementing the law on environmental protection in industrial zones. - Solutions are not synchronous, lack of specific solutions to effectively implement the law on environmental protection in industrial zones. Summary of chapter 1 11 Chapter 2 THEORETICAL ISSUES ON IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES 2.1. The concept, characteristics, and role of implementing the law on environmental protection in industrial zones 2.1.1. The concept of implementing the law on environmental protection in industrial zones 2.1.1.1. The concept of industrial zone Industrial zone is defined as a separate territorial area with defined geographical boundaries and a synchronous system of technical infrastructure. As a place gathering enterprises that operating in the fields of industrial production and services and is in the master plan of industrial parks approved by the Government and competent state agencies issue investment certificates in accordance with the law. 2.1.1.2. The concept of environment Environment is the natural and man-made elements surrounding humans, affecting life, production and development of human beings and organisms. 2.1.1.3. The concept of the law on environmental protection The law on environmental protection is a system of regulations promulgated by competent State agencies to regulate arising relationships in the field of environmental protection. 2.1.1.4. The concept of the law on environmental protection in industrial zones The law on environmental protection in industrial zones is a combination of legal documents promulgated by competent state agencies to regulate social relations between competent state agencies and individuals, and organizations who have rights, obligations and responsibilities for protecting industrial zones. 12 2.1.1.5. The concept of implementing the law on environmental protection in industrial zones The implementation of the law on environmental protection in industrial zones is the intended operation process that turn the provisions of the law on environmental protection in life and become actual and legal acts of the legal subjects to promote positivity and proactively implement the law on environmental protection in industrial zones, ensure people to live in a healthy environment and sustainable development. 2.1.2 Characteristics of implementing the law on environmental protection in industrial zones Implementation of the law on environmental protection in industrial zones will be manifested some following characteristics: 2.1.2.1. Implementation of the law on environmental protection in industrial zones is the adjustment of social relations while protecting environment in industrial zones 2.1.2.2. Entities who implement the law on environmental protection in industrial zones are diverse 2.1.2.3. Implementation of the law on environmental protection in industrial zones has many advantages in ensuring uniformity, synchronization and high efficiency in environmental protection 2.1.2.4. Implementation of the law on environmental protection in industrial zones has many advantages in inspecting, examining, detecting and handling violations of the law on environmental protection. 2.1.3. The role of implementing the law on environmental protection in industrial zones Implementation of the law on environmental protection in industrial zones will be manifested some following roles: 13 2.1.3.1 Implementation of the law on environmental protection in industrial zones to bring the law on environmental protection to life in order to prevent violations of environmental law 2.1.3.2. Implementation of the law on environmental protection in industrial zones contributes to sustainable development 2.1.3.3. Implementation of the law on environmental protection in industrial zones contributes to promoting the use of clean technologies and technologies in production and business 2.1.3.4. Implementation of the law on environmental protection in industrial zones contributes to ensuring human to live in a healthy environment 2.2 Contents and forms of implementing the law on environmental protection in industrial zones 2.2.1. Contents of implementing the law on environmental protection in industrial zones Contents of implementing the law on environmental protection in industrial zones are shown in the following aspects: 2.2.1.1. Implementing regulations on assessing environmental impacts and approving enterprise’s environmental protection plans in industrial zones 2.2.1.2. Implementing regulations on controlling water and air pollution in industrial zones 2.2.1.3. Implementing regulations on controlling solid waste and other wastes in industrial zones 2.2.1.4. Implementing regulations on inspecting, examining and handling violations of the law on environmental protection in industrial zones 2.2.2. Forms of implementing the law on environmental protection in industrial zones 2.3 Conditions for ensuring the implementation of the law on environmental protection in industrial zones 14 2.3.1. Completing the law on environmental protection 2.3.2. The state cadres and civil servants in the field of protecting environment in industrial zones 2.3.3. Legal awareness of subjects implementing the law on environmental protection in industrial zones 2.3.4. Infrastructure, financial resources for environmental management in industrial zones 2.3.5. Inspection, examination and handling violations of environmental protection activities in industrial zones 2.3.6. International integration in the context of regionalization and globalization Summary of chapter 2 15 Chapter 3 THE REALITY OF THE IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES IN THANH HOA PROVINCE 3.1. Overview of natural, socio-economic characteristics and industrial zones in Thanh Hoa province 3.2. Results, advantages of implementing the law on environmental protection in industrial zones in Thanh Hoa province and their causes 3.2.1. Results and advantages of implementing the law on environmental protection in industrial zones in Thanh Hoa province 3.2.1.1 Results and advantages of implementing regulations on assessing impacts of environment in industrial zones in Thanh Hoa province Major advantages: - All enterprises and projects in the IZs comply with the provisions of the law on assessing impacts of environment and plans for environmental protection. - Provincial People's Committee of the province and the Nghi Son economic zone (EZ) Management Board and industrial zones are authorized to evaluate and approve assessment of environmental impact, and have correctly implemented regulations on procedures and bases for appraisal and approval. - There have been 70 projects in a total of 119 projects (accounting for 58.8%) that have completed the environmental protection works and were confirmed completing the environmental protection works. 3.2.1.2 Results and advantages of implementing regulations on wastewater treatment in industrial zones in Thanh Hoa province From the results of implementing regulations on wastewater treatment in industrial zones in Thanh Hoa province, we can generalize the advantages of this field as follows: 16 - Provincial People's Committee, Department of Natural Resources and Environment, Nghi Son Economic Zone Management Board and industrial zones in Thanh Hoa province, and authorized entities have performed well the assigned functions, tasks and powers, ensuring timely appraisal and approval, as well as monitoring regularly. Thus, the wastewater treatment works in Nghi Son EZ and the industrial zones in the province were built by correct design and technical requirements, so since their operation, they have not caused environmental pollution (compared to Vietnamese standards), and have not caused environmental problems. - Enterprises and investors in the industrial zones have actively built and installed wastewater treatment systems by modern technology, ensuring the quality of wastewater connected to the system of the centralized wastewater treatment. 3.2.1.3 Results and advantages of implementing regulations on air environmental protection in industrial zones in Thanh Hoa province The results of implementing regulations on air environmental protection in industrial zones in Thanh Hoa province are similar. All projects and enterprises in the industrial zones have installed wastewater systems, ensuring that the toxic emissions are in the permitted limits. 3.2.1.4 Results of implementing regulations on solid waste and other wastes in industrial zones in Thanh Hoa province The implementation of regulations on solid waste and others in industrial zones means each enterprise and project have been aware of and complied with regulations on industrial waste collection and treatment. Although the quantity is small, they have collected and treated 100% of industrial waste and 85% of hazardous waste, (see table 6). 3.2.1.5. Inspection and examination of implementing the law on environmental protection in industrial zones 3.2.2. The causes of the results and advantages of implementing the law on environmental protection in industrial zones in Thanh Hoa province 17 First, the law on environmental protection is increasingly completed. The Law on Environment Protection 2014 and guiding documents are increasingly completed and had more specific regulations on obligations and responsibilities of environmental protection in IZs of entities. This has created a favorable legal basis for implementation, inspection, supervision and handling violations of implementing the law on environmental protection in industrial zones. In 2018, Thanh Hoa province issued Decision No. 928/QD- UBND dated March 30, 2018 regulating the price of wastewater treatment services in Le Mon Industrial Park. In 2012, the province issued Decision No. 1419/QD-UBND dated September 8, 2012 promulgating regulations on coordination of environmental protection in Nghi Son EZ and other industrial zones in the province. Second, the propaganda and education to raise awareness of enterprises in industrial zones about the implementation of the law on environmental protection have been increasingly concerned. Along with the provincial mass media, these activities are carried out by the Provincial Radio and Television and Thanh Hoa Newspaper through reports and articles on environmental protection. Department of Resource and Environment, Nghi Son EZ Management Board and the provincial IZs take charge propaganda and dissemination of legal documents on environmental protection, raising awareness of environmental protection for investors in building and trading technical infrastructure of industrial zones and manufacturing enterprises in industrial zones. Third, perform well the inspection, examination and handling of violations of the law on environmental protection. For businesses that have been granted a decision to approve reports on assessing impacts of environment or confirm registration that meeting environmental standards and the environmental protection project. In fact, enterprises have basically implemented well requirements of environmental protection together with decision 18 of approving environmental impact assessment or the content of the registration form that meeting the environmental standards. 3.3. The limitation of implementing the law on environmental protection in industrial zones in Thanh Hoa province and its causes 3.3.1. The limitation of implementing the law on environmental protection in industrial zones in Thanh Hoa province First, the implementation of the law on environmental protection is still slow and inactive. Second, monitoring implementation of environmental impact assessment and implementing this work have not been executed strictly. Third, investors have not strictly followed the regulation on building waste treatment systems in industrial zones. Fourth, environmental management capacity of many cadres and civil servants is limited and lack of professional knowledge. 3.3.2. The causes of limitations of implementing the law on environmental protection in industrial zones in Thanh Hoa province First, the law on environmental protection still has some inadequacies and limitations. Second, due to lack of investment capital for waste and wastewater treatment facilities in industrial zones. Third, the propaganda, dissemination and education of environmental law are still limited. Fourth, the Party committees and local authorities have not really paid attention to environmental issues and implementing the law on environment in industrial zones. Summary of chapter 3 19 Chapter 4 VIEWPOINTS AND SOLUTIONS TO ENSURING THE IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL ZONES 4.1. Viewpoints to ensuring the implementation of the law on environmental protection in industrial zones in Thanh Hoa province 4.1.1. Responsibilities of entities implementing the law on environmental protection Awareness and responsibilities of entities implementing the law on environmental protection and protect environment are decisive factors in ensuring the implementation of the law on environmental protection, so it is necessary to thoroughly grasp the responsibilities of the entities who implementing the law on environmental protection. 4.1.2. Implement synchronously, comprehensively and systematically the environmental protection measures It is necessary to implement synchronously, comprehensively and systematically measures of environmental protection such as solutions of improving the law, creating a favorable basis for implementing the law in practice. Solutions of implementing and ensuring handling of violations of law strictly and properly. 4.1.3. Attach much importance to measures and factors to ensure strict handling of violation of the law on environmental protection in industrial zones In order to strictly and promptly handle acts of violating the law on environmental protection, as well as responsibility and discipline of the state agencies, the state’s officials and employees should pay attention to this strict handling. These are measures to strengthen inspection, supervision activities of the National Assembly, People's Councils at all levels, social supervision of the

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