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Implementing the Environmental Protection Law: Strengthening delegation to local authorities for administrative procedures

19/07/2024

(TN&MT) - In his speech at the conference reviewing the first six months of 2024 and outlining the tasks for the second half of the year for the Ministry of Natural Resources and Environment, Mr. Nguyen Hung Thinh, Director of the Department of Environment, stated that, following the instructions of the Government and the Prime Minister, the Ministry of Natural Resources and Environment has diligently conducted a review and assessment of the implementation results of Decree No. 08/2022/ND-CP in the recent period. It is anticipated that approximately 70% of the administrative procedures related to the environment of the Ministry will be streamlined. Among these, 60% will be decentralized and delegated to local authorities, while 10% will be reduced to facilitate practical implementation.

Significant developments in implementing the Environmental Protection Law

According to Mr. Nguyen Hung Thinh, Director of the Department of Environment, the Environmental Protection (EP) Law 2020, with its many groundbreaking policies, is expected to represent a major advance in environmental protection efforts in our country. Recently, following the directives of the Ministry's leadership, the Department of Environment has actively and proactively collaborated with localities to enhance public awareness, training, and dissemination of the new regulations and policies of the EP Law and its implementing guidelines. Additionally, it has been involved in drafting and coordinating the development of legal documents led by the Ministry of Natural Resources and Environment to seek feedback from agencies, organizations, and individuals as per regulations and approved schedules.

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Mr. Nguyen Hung Thinh, Director of the Department of Environment, Speaks at the Mid-Year Review Meeting for 2024

Over the past two years, the Ministry of Natural Resources and Environment has worked closely with various ministries, sectors, localities, and relevant agencies to organize public awareness campaigns, training sessions, and dissemination of the new regulations and policies under the EP Law to all relevant entities. The Ministry has regularly addressed and resolved specific queries and recommendations from agencies, organizations, and individuals during the implementation of the EP Law and its detailed guidance documents. It has also proactively urged relevant ministries and sectors to issue legal documents, guidelines, and regulations as assigned by the Prime Minister under Decision No. 343/QD-TTg.

In 2022, the Ministry successfully organized three online workshops for the Departments of Natural Resources and Environment of the 63 provinces and cities to address issues related to the implementation of the EP Law. These workshops helped compile problematic issues and led to the creation of a policy and legal Q&A handbook on environmental protection. In 2023, the Ministry continued this effort by hosting two regional workshops in Can Tho and Phu Yen to promote and explain the regulations and technical guidance on source separation of municipal solid waste.

Regarding the amendment of Decree No. 08/2022/ND-CP, Mr. Nguyen Hung Thinh noted that the Ministry has meticulously reviewed the EP Law to develop a delegation and decentralization plan in the draft decree based on three basic criteria: type of activity; area of activity; and project impact scope. The Ministry will focus on addressing environmental administrative procedures for activities that occur across provinces, discharge wastewater into inter-provincial surface water, fall under the jurisdiction of the National Assembly or the Prime Minister for investment decisions or changes in forest use purposes, and large-scale projects with a high risk of environmental pollution.

Additionally, Ministry of Natural Resources and Environment has proposed adding provisions for local authorities to grant Environmental Permits for cases previously approved by the Ministry but now delegated under the amended Decree.

Enhancing the effectiveness of EP Law implementation

To effectively integrate the new policies of the EP Law into practice, Mr. Nguyen Hung Thinh urged localities to intensify efforts in disseminating and promoting the new regulations and policies of the EP Law, Decree No. 06/2022/ND-CP, Decree No. 08/2022/ND-CP, and related guidance documents to officials, civil servants, employees in administrative agencies, and local levels.

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Localities to intensify implementation of the EP Law

In addition, localities need to further strengthen their efforts in raising awareness and responsibility among citizens regarding compliance with environmental protection laws, particularly concerning regulations on the source separation of municipal solid waste, environmental protection in urban areas, residential areas, and craft villages,...

For the implementation of regulations on solid waste separation, the Department of Environment has requested provincial Departments of Natural Resources and Environment to advise and report to the provincial People's Committees on the issuance of regulations and plans to implement the requirements for separating household and personal solid waste. This is to ensure that the implementation aligns with the EP Law's timeline. The ongoing execution of Decision No. 343/QD-TTg dated March 12, 2021, issued by the Prime Minister, which establishes the Plan for Implementing the EP Law, should be accelerated. This includes the development and issuance of environmental strategies, plans, standards, technical regulations, economic and technical norms, and environmental guidelines within their jurisdiction to ensure effective implementation of the Law.

Furthermore, the Ministry of Natural Resources and Environment has urged localities to expedite the development of local environmental information systems and databases, integrating them into the national environmental information and database systems as required by the EP Law and related detailed regulations. This aims to promote digital management models in environmental protection efforts.

Localities are also required to review and evaluate the adequacy of resources and human resources necessary for the implementation of the EP Law. Specifically, they should review and prepare the financial resources, human resources, and other necessary conditions to be ready to perform the tasks and responsibilities assigned under the draft amended Decree No. 08/2022/ND-CP.

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