World Bank Regional Agricultural Pollution Study Annex to An Overview of Agricultural Pollution in Vietnam: Summary Report 2017 Submitted to The World Bank’s Agriculture and Environment and Natural Resources Global Practices Authored by Dai Nghia Tran. Main source: Government Portal (http://congbao.chinhphu.vn/). 2 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” CONTENTS A. National laws, regulations and standards...........................................3 Laws..................................................................................................................3 Government decrees and decisions....................................................................4 Prime Minister decisions...................................................................................9 National standards and regulations..................................................................10 Joint circulars by different line ministries.........................................................11  egulations, directives, and circulars applicable across MARD B. R subsectors..........................................................................................12 C. Subsector specific..............................................................................14 Crop specific...................................................................................................14 Livestock specific.............................................................................................14 Aquaculture specific........................................................................................17 Major legal measures relating to the prevention and control of farm-level agricultural pollution 3 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective A. National laws, regulations and standards Laws 1. Law on Fisheries Establishes policies to ensure that fishery •• Bans fishery activities that violate No. 17/2003/QH11, activities be economically efficient and environmental protection laws and regulations dated November consistent with the protection and natural pertaining to the marine environment. 26, 2003 regeneration of marine resources and •• Prohibits fishing in protected areas and the 17/2003/QH11 (under revision) biodiversity, and the protection of landscapes exceedance of allowable volumes of marine 1/7/2004 and the environment. products. Requires the development of fishery activities, •• Bans the use of explosives, poison, electric including aquaculture ones, to follow the master shocking, and prohibited equipment in fishing. plans and projections, and proactively prevent •• Disallows the dumping of fishing equipment and mitigate natural disasters and aquaculture into natural water resources under most diseases. circumstances. 2. Law on Establishes policies, measures, and resources •• Lays out the rights and obligations of Environmental for environmental protection, and stipulates organizations, households, and individuals. Protection No. the rights and obligations of organizations, 52/2005/QH11 •• Specifies entities that are subject to strategic 52/2005/QH11, households, and individuals. 1/7/2006 environmental assessment reporting (Art. dated November 14), the preparation of environmental 29, 2005 impact assessment reports (Art. 18), and (expired) environmental protection commitments (Art. 25); and describes requirements (Art. 19, 20, 25, 26). 3. Law on Plant Provides statutory provisions on pest and •• Principles in plant protection and Protection and disease prevention for plants and plant phytosanitation. Phytosanitation No. protection, phytosanitary measures, and plant •• Responsibilities of the line ministries, different 41/2013/QH13 protection substance control. government agencies, and provinces and dated November local authorities in plant protection and 25, 2013 phytosanitation. 41/2013/QH13 01/01/2015 •• Prohibits acts such producing, importing, trading, and using plant protection substances that are on the banned use list or that are of undocumented origin, fake, or not on the list of substances approved for use in Vietnam. •• Regulating the storage, transport, and use of plant protection substances. •• Recall, destroy, collect, and treat plant protection substance packages after use. 4. Law on Establishes a statutory framework for •• Establishes regulatory principles on Environmental environmental protection activities; establishes environmental protection. Protection No. environmental protection measures and •• Under Concentrated livestock zones must 55/2014/QH13 resources; and describes the rights, powers, have a plan for environmental protection (Art. dated June 23, duties, and obligations of regulatory bodies, 29) and: 2014 agencies, organizations, households, and individuals a) Ensure environmental sanitation for 55/2014/QH13 residential areas; 01/01/2015 b) Ensure collection and treatment of wastewater and solid waste and follow regulations on waste management; and c) Periodicaly clean cages and farms; ensure prevention of and response to epidemics. •• Bodies of animals that died from disease are to be managed in accordance with regulations on hazardous waste management, and hygiene and disease prevention. 4 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 5. Law on the Sets procedures and responsibilities of •• Instructs various government bodies to Promulgation regulatory authorities and other bodies develop legal documents pertaining to Law No. 80/2015/QH13 of Legislative pertaining to the development of legal different aspects of agro-environmental Documents No. documents. protection. For example: 01/07/2016 80/2015/QH13 •• MARD’s crop-plant protection agency is in charge of proposing and preparing circulars and directives related to fertilizer and pesticides, and various entities within and outside of MARD are called upon to comment on and contribute to this process. 6. Veterinary Law No. Establishes statutory provisions on animal •• Responsibilities of the line ministries, different 79/2015/QH13 disease prevention and cure, animal epidemic government agencies, and provinces and dated June 19, control, animal quarantine, animal products, local authorities in veterinary, animal drug 2015 sloughing, primary process, processing, control, management, and hygienic control including hygienic inspection, veterinary drug control, and in aquaculture production area. veterinary profession. •• Prohibits acts such as dumping dead 79/2015/QH13 01/07/2016 animals and wastes; discharging sewage and liquid waste with disease transmitters to the environment; and using non-origination animal medicines,a banned and out-of- date animal drugs or nonregistered animal medicines that have not yet been allowed to be used in Vietnam. •• Regulating the storage and use of veterinary medicines on the national reserve list. 7. Law on Fisheries Requires fishery activities to develop Prohibits fisheries from: (submitted to NA for responsibly, and to protect and enable review) the natural regeneration of natural marine •• Damaging corral reefs, under water environments, protected landscapes and vegestation and mangrove forests, and other ecosystems, and biodiversity, and to consider flora; the objectives of different stakeholders. It •• Encroaching and intruding on protected requires them to proactively prevent and inland waters and existing or planned natural mitigate natural disasters and to adapt to reserves; NA NA climate change. It also requires fisheries to •• Using explosives, poison, electric shock, or follow the master plans and their projections; prohibited equipment in fishing; and to comply with technical barriers to trade •• Discharging untreated wastes into the (TBT) and sanitary and phytosanitary (SPS) environment, or not meeting required sewage standards. standards, in aquaculture breeding, and feed production, aquaculture production, processing, and storage facilities; •• Injecting artificial compounds into aquaculture Government decrees and decisions 8. Decree No. Details and guides implementation of a •• Provides details on and guides the 80/2006/ND- number of articles of the Law on Environmental implementation of a number of articles of the CP on detailing Protection regarding environmental standards; Law on Environmental Protection. 80/2006/ND-CP and guiding strategic environmental assessment (SEA); •• Addresses activities related to agriculture, 3/9/2006 implementation environmental impact assessment (EIA), including EIA, waste management, and rural of a number of and environmental protection commitments; environmental protection. articles of the Law environmental protection in production, on Environmental business, and services; hazardous waste Protection (expired) management; and disclosure of environmental information and data. Major legal measures relating to the prevention and control of farm-level agricultural pollution 5 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 9. Decree No. Provides for solid waste management and •• Solid waste management including packing of 18/5/2007 59/2007/ 59/2007/NĐ-CP, rights and obligations of entities engaged in used toxic chemicals or discarded chemical NĐ-CP dated April 9, 2007 solid waste-related activities. products for agricultural or forestry production (expired) (Article 22). 10. Decree No. Amends and supplements a number of articles •• Modifies certain articles of Decree No. 21/2008/ND-CP by of Government Decree No. 80/2006/ND-CP 80/2006/ND-CP dated August 9, 2006. the Prime Minister, dated August 9, 2006, detailing and guiding According to these legal documents, large- dated February 28, implementation of a number of articles of the scale livestock farms with more than 1,000 2008 (expired) Law on Environmental Protection. animals and 20,000 poultry must carry No. 21/2008/ND-CP out an EIA before building to contribute 21/3/2008 to reducing environmental pollution from livestock operations. Small-scale, smallholder farms must submit an Environment Protection Commitment Letter, a simple form of an EIA report. Environmental Protection Commitment Letter is registered and the District People’s Committee or Commune People’s Committee is authorized to provide this kind of “certificate”. 11. Decree No. Addresses the organizational system of •• Regulation management system, inspection, 16/8/2008 79/2008/ 79/2008/NĐ-CP, management, inspection, and assessment of and testing of food safety. Article 8, Section NĐ-CP dated July 18, food safety and hygiene from central to local 2: Inspection contents of food safety in 2008 (expired) levels. agriculture and rural development. 12. Decree No. Addresses the production, trading, export, •• Livestock feed hygiene and safety means 08/2010/ND-CP: on import, assaying, and accreditation of livestock necessary conditions and measures to ensure the management of feeds and state management, examination, that livestock feeds do not harm livestock livestock feeds inspection, and administrative violations in health, livestock product consumers, and the 8/2010/NĐ-CP the domain of livestock feeds and applies environment. 05/02/2010 to domestic and foreign organizations and •• Having environmentally friendly waste individuals engaged in livestock feed-related treatment systems and satisfying labor safety activities in the Vietnamese territory. and environmental sanitation conditions under the labor and environment laws. •• Having an appropriate location ensuring animal health and hygiene and environmental sanitation under law. 13. Decree No. Stipulates the organization of activities to •• Lays out provisions for the collection and 01/09/2010 72/2010/ND-CP: prevent and fight environmental crimes and testing of evidence. 72/2010/ NĐ-CP on the prevention violations of environmental protection laws. •• Temporarily suspends the activities of of environmental Specifies the responsibilities of government organizations, offices, facilities, and pollution agencies and international cooperation. businesses that are found in violation. 6 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 14. Decree No. Prescribes the sanctioning of administrative •• Violation of regulations on habitat protection 103/2013 / ND- violations in fishery activities, the objects to of aquatic species. CP: Provisions be sanctioned, and the regulations on the •• A fine of between VND 3,000,000 and VND on handling maximum fine levels applicable to individuals 5,000,000 shall be imposed for acts of administrative and organizations, and remedies. discharging wastes or polluting wastewater or violations in aquatic failing to meet standards. 103/2013/ND-CP activities 12/09/2013 •• A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for acts of discharging wastewater contaminated with infected aquatic animals or diseased aquatic animals into other aquaculture places or natural environments. •• Implement measures to redress environmental pollution or stop the spread of epidemics, as relate to acts specified in clauses 2 and 3 of this article. 15. Decree No. Deals with the conditions for manufacturing, Responsibilities of the People’s Committees: 202/2013/NĐ- selling, exporting, and importing fertilizers; •• Provide instructions on how to use fertilizers CP on fertilizer quality control, inspection, testing, trial, and effectively without polluting the environment. management naming of fertilizers; and responsibility for 202/2013/NĐ-CP fertilizer management. •• A waste treatment system that meets national 27/11/2013 standards and norms for environment is available. •• All requirements regarding fire safety environmental protection. •• Requirements for importing fertilizers: the imported fertilizers are safe for the environment. 16. Decree No. Deals with the violations, administrative •• If forest animals die or get diseases and 157/2013/ND-CP penalties, fines, and remedial measures; the pollute the environment and thus must be No. 157/2013/ND-CP on penalties for persons entitled to make violation records destroyed but the violators fail to voluntarily administrative and impose penalties; and the penalties they carry out the destruction or the violators are 11/11/2013 violations against can impose upon administrative violations not identified, then a destruction board shall regulations on against the regulations on forest management, be founded. forest management, development, protection, and forest product •• Regulations in terms of illegal exploitation of development, management. landscape, environment, and other forestry protection, and services. forest product management 17. Decree No. Addresses administrative violations, the •• Administrative violations, the sanctioning 119/2013/ND- sanctioning of these, and remedial measures forms and levels, and remedial measures CP on handing relating to veterinary medicine, livestock about products for environmental treatment administrative breeding, and livestock feed production and rehabilitation in fishery livestock and 119/2013/ND-CP violations in (including fishery breeds, fishery feeds, aquaculture. 09/10/2013 the domains of and products for environmental treatment •• Forcible destruction of animal bodies; remedy veterinary medicine, and rehabilitation in fishery livestock and of environmental pollution for violations livestock breeds, aquaculture). specified in point b clause 3 of this article. and livestock feeds •• Violations on management of products of environmental treatment and rehabilitation in livestock and aquaculture and veterinary practicing. Major legal measures relating to the prevention and control of farm-level agricultural pollution 7 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 18. Decree No. Prescribes the environmental protection •• Subject to the charges for water discharged No. 25/2013/NĐ-CP 25/2013/NĐ-CP, charges for wastewater and the regime of into the environment from production dated March 29, collection, remittance, management, and use establishments and agricultural, forestry, and 29/3/2013 2013 of the environmental protection charges for aquatic product processing establishments wastewater. (industrial waste). •• Rate of environmental protection charges for wastewater, the regime of collection, remittance, management, and use thereof. 19. Decree No. Regulations on administrative sanctions in the •• Administrative violations, the sanctioning 179/2013/ND- field of environmental protection. forms and levels, remedial measures for 79/2013/ND-CP 14/11/2013 CP on handing environmental treatment and rehabilitation administrative and protecting biodiversity; destroying illegally violations in imported agro-chemicals; and so on. the field of environmental protection 20. Decree No. Stipulates conditions and requirements for •• Defining environmental protection measures 36/2014/ND-CP 29/04/2014 36/2014/ND-CP on raising, processing, and exporting Pangasius in implementing Pangasius raising and raising, processing, from Vietnam. processing. and exporting Tra fish (Pangasius) products 21. Decree No. Promulgates EPP, SEA, EIA, and/or •• Entities subject to SEA: strategies or planning 18/2015/ND-CP environmental protection plans of the Law on for development of agriculture, forestry, on environmental Environment Protection. aquaculture, irrigation, or animal husbandry; protection planning planning for development of aquatic products; (EPP), SEA, EIA, and irrigation. and environmental •• Entities subject to EIA: Construction projects protection plans for aquaculture establishments with scope of No. 18/2015/ND-CP at least 1,000 metric tons of product per year. 01/04/2015 •• Contraction projects for livestock and poultry husbandry establishments; wild animal raising and caring establishments with scope of at least 1,000 square meters (livestock and poultry husbandry), and at least 500 square meters (wild animal husbandry). •• Livestock, poultry, and wild animal husbandry with breeding facilities of at least 50 square meters in areas and aquaculture with the surface area of at least 5,000 square meters are exempted from registration of environmental protection plans. 22. Decree No. Stipulates in detail a number of articles of the •• Control of land pollution in the areas polluted 19/2015/ND- Law on Environmental Protection including with chemical warfare agents, residues 19/2015/ND-CP 01/04/2015 CP detailing control of land pollution. of plant protection chemicals, and other implementation hazardous substances and responsibilities of a number of for control of land environment pollution of articles of the Law agencies (Part III). on Environmental Protection 8 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 23. Decree No. Addresses waste management including •• Management of waste from agricultural 38/2015/ND-CP hazardous wastes, domestic solid waste, activities stipulated in Article 51 including No. 38/2015/ 15/06/2015 on management ordinary industrial solid waste, liquid waste activities of packages containing plant ND-CP of waste and products, wastewater, industrial emissions, and protection chemicals after use, breeding discarded materials other wastes. wastewater reused for watering plants or used in other agricultural production activities, and so on. 24. Decree No. Stipulates the specific functions, tasks, powers, •• Functional tasks and responsibilities of 15/2017/NĐ-CP and organizational structure of MARD including MARD and its relevant departments/agencies on stipulating the for each line department and agency of MARD. in managing agricultural inputs and their 15/2017/NĐ-CP functions, tasks, production, transport, and use, for example, 17/02/2017 powers, and fertilizers and other agro-chemicals organizational structure of the Ministry of Agriculture and Rural Development (MARD) 25. Decree No. Regulates business practices relating to the •• Organizations and individuals that import 39/2017/NĐ-CP production of animal feed and commercial animal feeds or aquatic products must have 39/2017/NĐ-CP on managing fisheries. or be lent a storehouse to preserve the animal 04/04/2017 animal feed and feed and aquatic products and protect the aquaculture environment. •• The responsibility of Provincial People’s Committees is to guide the use of animal feeds and aquatic products efficiently and without causing environmental pollution. 26. Decree No. Revision of the decree on administrative •• Point a of Clause 8 of Article 5 is amended 41/2017/ND-CP violations relating to fisheries, veterinary and supplemented as follows: on amending activities, livestock breeding, animal feed •• Compel the destruction of diseased or dead the decree production, and forest and forest product animals and their products to overcome on regulating management. environmental pollution. 41/2017/NĐ-CP administrative 05/04/2017 violations in fishery, veterinary field, livestock breeds, animal feed, forest management, forest development, forest protection, and forest product management 27. Decree No. Stipulates the fees to be charged, fee payers, •• The amount of environmental protection fee 154/2016/ND-CP fee exemptions, fee rates, declaration, payment, on industrial wastewater shall be calculated in on environmental and collection procedures, and use of the Clause 2, Article 7. 154/2016/ND-CP protection fee on environmental protection fees on wastewater •• Fee payers shall pay the environmental 01/01/2017 wastewater (including industrial water discharged from protection fee on wastewater, which is centralized livestock and poultry farms and included in the monthly billed water use fee, slaughterhouses, aquaculture facilities, and so to the supplier of clean water. on). •• Communal People’s Committees shall calculate and collect the fee from local organizations, individuals, households, and businesses using self-extracted water. Major legal measures relating to the prevention and control of farm-level agricultural pollution 9  Major legal measures relating to the prevention and control of farm-level agricultural pollution No. Name No. Year Overall purpose Agricultural pollution measures effective Prime Minister decisions 28. Decision No. Approves the plan to prevent environmental •• Requires the treatment, rehabilitation, and 1946/QD-TTg pollution from excessive chemical pesticide use. restoration of the environment in areas 1946/QĐ-TTg 26/11/2009 on preventing contaminated by chemical pesticides environmental to prevent and/or minimize the harmful pollution from effect of chemical pesticide for people excessive chemical and the environment, ensuring sustainable pesticide use development. 29. Decision 1216/QĐ- Controls and restricts the increase of •• Encourages the application of sustainable TTg on approving environmental pollution, the degradation of cultivation methods and land use in the strategy resources, and biodiversity decline to improve agriculture, limiting the use of chemicals and 1216/QĐ-TTg 05/09/2012 for protecting the living environment and the capacity to deal inorganic fertilizer in agricultural production, the national with climate change, toward the sustainable and preventing soil erosion and degradation. environment by development of the country. 2020, and the orientation toward 2030 30. Decision 1393/QD- Notes that green growth, toward the low-carbon •• Studying the planning adjustment and TTg on approving economy, and natural capital enrichment have restructuring livestock, crops, crop cultivation, national strategy on become decisive tendencies in sustainable animal husbandry, forestry, aquaculture, green growth economic development; and that the reduction irrigation, and nonagricultural sectors in rural in GHG emissions and development of sinks areas. are becoming requirements of socioeconomic •• Studying and applying processes and 1393/QD-TTg development. 25/09/2012 technology effectively and economically using seed, feed, and agricultural materials and land and water resources and reducing greenhouse gas emissions in agriculture. •• Widely disseminating the technology of treatment and reuse of by-products and wastes in agricultural production to produce animal feed, mushroom growing, industrial raw materials, biogas, and organic fertilizer, and reduce greenhouse gas emission. 31. Directive No. Aims to enhance control over environmental •• Statistical review and classification of the 10/2015/CT-TTg pollution in production and processing in scale and level of environmental pollution on enhancing agriculture, forestry, and aquaculture, and to for aquaculture, processing, and production 10/2015/CT-TTg the control and implement the Law on Environmental Protection facilities. 29/05/2015 overcoming of 2014 and Resolution No. 35/NQ-CP of the •• Environmental treatment for aquaculture, environmental Prime Minister on environmental protection manufacturing, and processing in this sector, pollution in dated March 18, 2013. serving the Environmental Protection Law. production and processing in •• Enhancing the practice of the Law on agriculture, forest, Environmental Protection in aquaculture. and aquaculture 32. Decision No. 1980/ 19 criteria for a New Rural Commune in •• Criterion No. 17: environment and food safety QĐ-TTg of the 2016–2020. with four specific indicators for environmental Prime Minister management in agricultural production 1980/QĐ-TTg 17/10/2016 dated October (residual and waste management and food 17, 2016 on the production safety). issuance of the set of criteria for a New Rural Commune in 2016–2020 10 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective National standards and regulations 33. National technical Provides parameters and thresholds for coastal •• This standard applies to quality assessment QCVN 10: 2008/TT- regulation QCVN water quality. and control of coastal waters for aquaculture BTNMT 10: 2008/TT- and other purposes. BTNMT on coastal water quality 34. National technical Provides parameters and thresholds for surface •• This regulation is applied to assess and 15/2/2012 QCVN 38: 2011/TT- regulation QCVN water quality used for the protection of aquatic control surface water quality to ensure its BTNMT 38: 2011/TT- organisms. compatibility with and safety of aquatic lives. BTNMT on surface water quality 35. National technical Establishes a technical standard for animal •• According to these standards, for wastewater, regulation QCVN wastewater, referring to Vietnam’s technical regulations are that five-day biological oxygen QCVN 40/2011/ 40/2011/BTNMT standard on industrial wastewater (the former is demand (BOD5) should reach 30 milligrams 1/3/2012 BTNMT on livestock farm QCVN 24/2009/BTNMT and the latter is QCVN per liter and chemical oxygen demand (COD) wastewater 40/2011/BTNMT). should reach 75 milligrams per liter (very low compared to industrialized nations and Thailand). This discourages livestock farms from adopting treatment systems. 36. QCVN 01-81:2011/ Addresses aquatic seed production and •• Regulations on veterinary hygiene conditions QCVN 01-81:2011/ BNNPTNT: Aquatic business establishments – condition for applicable to establishments engaged in the 25/10/2011 BNNPTNT seed production veterinary hygiene. production and trading of aquatic breeds. and business establishments –condition for veterinary hygiene 37. National technical Specifies the conditions of the site, the •• Water from wastewater treatment ponds QCVN 02-19: 2014 / BNNPTNT regulation QCVN infrastructure, farming activities, wastewater, will be discharged into the surrounding 02-19: 2014 waste, technical labor of semi-intensive and environment only when the value of the / BNNPTNT on intensive shrimp farming, and white-leg shrimp parameters meets those specified in this 03/09/2014 brackish shrimp intensive farming (hereinafter referred to as QCVN. farms – conditions rearing establishment) for veterinary hygiene, to ensure environmental protection, and food safety. veterinary hygiene, environmental protection, and food safety. 38. National technical Specifies the conditions of the site, the •• Water from ponds is released into the QCVN 02-20: 2014 / BNNPTNT regulation QCVN infrastructure, farming activities, wastewater, surrounding environment only when the value 02-20: 2014 waste, and technical labor of Pangasius of the parameters meets those specified. / BNNPTNT on intensive shrimp farming in ponds to ensure 29/07/2014 Pangasius farming veterinary hygiene, environmental protection, establishments – and food safety. conditions to ensure veterinary hygiene, environmental protection, and food safety Major legal measures relating to the prevention and control of farm-level agricultural pollution 11 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 39. National technical Specifies the conditions for ensuring food •• Garbage discharged from the breeding area regulation QCVN safety and environmental protection for cage/ must be collected and treated so as not to QCVN 02-22: 2015 / 02-22: 2015 / freshwater cage farms. pollute the environment and adversely affect 23/04/2015 BNNPTNT BNNPTNT on cage/ the water source. Do not litter rancid food freshwater fish down the cage/raft area and surroundings. cage – conditions to ensure food safety and environmental protection 40. National technical Specifies the limit value of surface water quality This national technical regulation applied to: regulation QCVN parameters. •• Assess and manage the quality of surface 08-MT:2015/ water, as a basis for proper protection and BTNMT on surface QCVN 08-MT:2015/BTNMT use of water water quality •• Serve as basis for elaboration and approval of water use planning for definite use purposes 01/3/1016 •• Assess the suitability of surface water quality for approved water use planning •• Serve as a basis for controlling sources of waste into receiving sources, ensure that surface water sources are always suitable for their use purposes •• Serve as basis for taking measures to improve and restore water quality. 41. National technical Specifies the conditions and technical standard •• Stipulates the specific conditions and MT:2016/BTNMT regulation and for liquid wastes management from animal technical standards, for example, COD 16/05/2016 QCVN 62- standard No. QCVN production. and BOD, in liquid waste discharged to the 62-MT:2016/ environment to guide producers to comply. BTNMT on liquid This also replaces the QCVN 40/2011/BTNMT. waste from livestock production Joint circulars by different line ministries 42. Circular No. Stipulates position, function, tasks and powers, •• Functional tasks and responsibilities of 14/2015/TTLT- heads, working regime, and responsibilities of DARD and its relevant departments/agencies BNNPTNT-BNV divisions’ heads of Department of Agriculture in managing agricultural inputs and their No. 14/2015/TTLT-BNNPTNT-BNV on CP stipulating and Rural Development (DARD), Division production, transport, and use, for example, the functions, of Agriculture and Rural Development, and fertilizers and other agro-chemicals. tasks, powers, Division of Economic Committee of the People’s and organizational Committee at the district level. 25/3/2015 structure of specialized agencies related to agriculture and rural development under people’s committees of districts, towns, or provincial cities 12 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 43. Joint Circular Guides the collection, transportation, and •• Pesticide packing after use must be collected 05 /2016/TTLT-BNNPTNT-BTNMT No. 05 /2016/ handling of used pesticide packaging. in tanks to transport to processing facilities. TTLT-BNNPTNT- BTNMT on guiding the collection, 16/05/2016 transporting, and handling of the pesticide packages after use (MARD and Ministry of Environment and Natural Resource [MONRE]) B. Regulations, directives, and circulars applicable across MARD subsectors 44. Directive No. Aims to further the adoption of VietGAP in the •• VietGAP helps protect the environment and 1311/CT-BNN- crops sector. the health and social security of laborers. 1311/CT-BNN-TT 04/05/2012 TT on increasing the application of Vietnamese Good Agricultural Practices (VietGAP) in the crops sector 45. Directive No: Enhances the management, oversight, and •• The feedstuffs, fertilizers, veterinaries, and 3246/CT-BNN- enforcement of sanctions for violations in pesticides have low quality, and some famers PC on enhancing manufacturing, trading of feedstuffs, fertilizers, tried to use plant growth stimulators that had of management, veterinaries, and pesticides. negative effects on the environment and food 3246/CT-BNN-PC 18/04/2013 checking, and safety. regulating violations in manufacturing and trading of feedstuffs, fertilizers, veterinaries, and pesticides 46. Circular 55/2014/ Guides the implementation of selected •• One the main environmental protection TT-BNNPTNT environmental protection activities in the activities within the NTP-NRD includes of MARD dated National Target Program on New Rural building, operating and maintaining the 55/2014/TT-BNNPTNT December 31, Development (NTP-NRD). environmental protection facilities (collection 2014, on guiding of solid wastes, treatment of liquid wastes, 31/12/2014 the implementation and cemetery maintenance). of selected environmental protection activities in the National Target Program on New Rural Development Major legal measures relating to the prevention and control of farm-level agricultural pollution 13 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 47. Directive No. Enhances the management of production, •• Control use of aquaculture food and 1865/CT-BNN- trading, and use of antibiotics in livestock, chemicals used for aquaculture. TY on enhancing aquaculture, and food safety. 1865/CT-BNN-TY the management 04/03/2015 of production, trading, and the use of antibiotics in livestock, aquaculture, and food safety, published by MARD 48. Circular No. Regulates the monitoring of residues of toxic •• Manage residues of toxic substances, the 31/2015 / TT-BNNPTNT 31/2015 / TT- substances in animals and in aquaculture and remainder in growth-stimulating drugs and BNNPTNT dated animal products. reproduction drugs, to reduce harm to human December 6, 2015, health and the environment. 6/12/2015 on regulating the monitoring of toxic substance residues in livestock and marine animal products 49. Circular No. Defines clear tasks and responsibilities of Tasks and responsibilities of crop production and 15/2015 / TT-BNNPTNT 15/2015 / TT- different agencies and professional divisions of plant protection agency: BNNPTNT dated a provincial DARD. •• Fertilizer management 26/03/2015 March 26, 2015, on the responsibilities •• Plant protection and phytosanitation of the sub- •• Plant protection substancesb management departments and including production, trade, transport, storage, divisions within use, and collection and treatment of packages DARDs after use. 50. Circular 17/2016 Guides the management of environmental •• Propose environmental tasks 17/2016 / TT- 24/06/2016 / TT-BNNPTNT protection tasks. •• Develop and approve the list of environmental BNNPTNT on guidance on tasks. management of environmental protection tasks 51. Instruction 9729 Aims to enhance environmental protection in •• Strengthens the supervision and control of / CT-BNN-KHCN agriculture and new rural construction. water quality in the irrigation system to meet 9729 / CT-BNN-KHCN dated November the water supply requirements for agricultural 17 /11 /2016 17, 2016, on tasks production, aquaculture, rural people, and and urgent solutions other economic sectors. to enhance environmental protection in agriculture and new rural construction 52. Circular 35/2016/ Guides district-level implementation of the new •• Provides criteria and guidance for 35/2016/TT-BNNPTNT TT-BNNPTNT dated rural criteria for 2016–2020. implementation and organization. December 26, 26/12/2016 2016, on guidance for the districts’ implementation of the new rural criteria for 2016–2020 14 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective C. Subsector specific Crop specific 53. Circular No. Stipulates pesticide product administration •• Contents of training in use of pesticide 21/2015/TT- practices, including registration, testing, products focus on environmental protection 21/2015/TT- 8/06/2015 BNNPTNT BNNPTNT on manufacturing, export, import, quality control, and food safety. pesticide product certificate of conformity and declaration of management conformity, storage, transportation, application, labeling, packaging, advertising, recall, and eradication of pesticide products in Vietnam. 54. Directive No. 3606/ Aims to prevent actions that violate the law with •• Addresses illegal importing, transporting, CT-BNN-BVTV respect to importing, transporting, trading, and trading, and use of illegally imported enhancing checks using illegally imported pesticides. pesticides causing environmental pollution, 3606/CT-BNN-BVTV and controls on, affecting the health of humans, and so on. 09/09/2016 and punishment of, the illegal importation, transportation, trade, and use of illegally imported pesticides Livestock specific 55. Decision No. 3065/ Stipulates conditions of animal husbandry •• Regulates biosecurity-related conditions in 7/11/2005– 24/12/2014 3065/QD- BNN-NN QD-BNN-NN, dated production, hatchery, transportation, hatcheries and the production, transportation, November 7, 2005 slaughtering, and marketing of poultry and slaughtering, and marketing of poultry and poultry products. poultry products. 56. Circular No. Guides the conditions for the transportation, •• Provides guidance regarding professional 12/2006/TT- treatment, and disposal of hazardous wastes; conditions and procedures for documenting, BTNMT of MONRE the procedures for compiling dossiers, registering, licensing, and coding in hazardous 19/1/2007 – 01/6/2011 dated December registering generators of hazardous wastes, waste management. Agricultural production 12/2006/TT- BTNMT 26, 2006 and granting hazardous waste management establishments generating hazardous waste licenses and hazardous waste management are subjects of the circular. identification numbers; and responsibilities of state agencies, domestic and foreign organizations, and individuals (hereinafter collectively referred to as organizations and individuals) conducting production, business, or service activities that generate hazardous wastes or take part in the management of hazardous wastes in the Vietnamese territory. 57. Circular No. Guides the classification and identification of •• Agricultural production establishments 20/8/2007 TT-BTNMT 07/2007/ 07/2007/TT- establishments causing environmental pollution causing environmental pollution are subject to BTNMT of MONRE and subject to various legal measures. the circular. dated July 3, 2007 58. Decision 1504/QD- Establishes Good Animal Husbandry Practices •• Encourages poultry producers, regardless of 1504/QD-BNN-KHCN BNN-KHCN dated for Poultry, which encourage poultry producers, scale, to apply good practices to prevent risks 15/05/2008 May 15, 2008, on regardless of scale, to apply good practices to from diseases and infection and to protect the protocol for prevent risks from diseases and infection and to poultry products’ safety and quality as well as good agricultural protect poultry products’ safety and quality as human health and the environment. practices in safe well as human health and the environment. poultry production, MARD Major legal measures relating to the prevention and control of farm-level agricultural pollution 15 Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 59. Circular 04/2010/ Establishes technical standards for biosecurity •• QCVN, 2010. MARD issued the Vietnam 15/7/2010 BNNPTNT 04/2010/ TT-BNNPTNT dated of pig and poultry farms. National Technical Regulation Conditions for TT- January 15, 2010, Biosecurity of Pig and Poultry Farms. of MARD 60. Circular 27/2011/ Establishes criteria for the determination •• Chapter 2 contains provisions on conditions 28/5/2011 BNNPTNT 27/2011/ TT-BNNPTNT dated of farm economy, procedures of issuance, of waste disposal, ensuring environmental TT- April 13, 2011, of alteration, reissuance, and withdrawal of the sanitation in livestock farms. MARD farm economy certificate. 61. Decision 985 / Promulgates the Action Plan for implementing •• Revise and promulgate state management QD-BNN-CN on the project “Restructuring the livestock sector documents on livestock breeds and animal promulgating the towards enhancing added value and sustainable feeds and livestock environment associated 985 / QĐ-BNN-CN Action Plan for the development.” with climate change. implementation •• Promulgate regulations and criteria on 9/5/2014 of the project livestock breeds, animal feeds, and livestock “Restructuring the environments; disease prevention, and livestock sector veterinary hygiene. towards enhancing added value and sustainable development” 62. Circular No. Amends Circular No. 66/2011/TT – BNNPTNT •• Imported animal feeds or feed ingredients that 50/2014/TT- detailing Decree No. 08/2010/ND-CP on the pose a high environmental or food safety risk BNNPTNT dated management of animal feeds. to humans or animals are identified by the 50/2014/TT-BNNPTNT December 24, Directorate of Fisheries or the Department of 24/12/2014 2014, amending Livestock Production. Circular No. •• Tightens inspection by the Directorate of 66/2011/TT – Fisheries and the Department of Livestock BNNPTNT detailing Production of animal/aquaculture products. Decree No. 08/2010/ND-CP on the management of animal feeds 63. Circular No. Regulates the production, trading, Responsibilities of relevant parties in managing 23/2015/TT- experimentation, testing, examination, and environmental remediation and treatment No. 23/2015/TT-BNNPTNT BNNPTNT on verification; registration for circulation; quality products used in livestock production and management of management for bio-preparations, cultures, aquaculture: environmental chemicals (except chemicals prescribed in the 22/6/2015 •• Including Vietnam Directorate of Fisheries; remediation and lists of national reserve goods in agricultural Department of Livestock Production, Service treatment products sector), environmental remediation, and of Agriculture and Rural Development, testing used in livestock treatment products used in livestock production facility, and production and trading facility production and and aquaculture (hereinafter referred to as aquaculture environmental remediation and treatment •• Permissible levels for product quality products); and responsibilities of relevant inspection. organizations and individuals. 16 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 64. Decision No. 3194 / Provides technical guidance on the installation •• Adds the use of biological products including QD-BNN-CN dated and use of fixed cap biogas plant, biogas biomats to the list of products recognized to August 11, 2015, plants using composite materials, and technical improve the breeding environment. on promulgating processes using bioproducts as biomats for technical guidance raising pigs and poultry. 3194 / QĐ-BNN-CN on installation and use of fixed cap biogas plant, 11/8/2015 biogas digesters using composite materials, and technical process using bio-product as biological materials for raising pigs and chickens 65. Circular No. Provides lists of permissible antibiotics for use •• The lists avoid environmentally detrimental 06/2016/TT- as growth stimulants in livestock feed. ingredients. 06/2016/TT- 31/05/2016 BNNPTNT BNNPTNT dated May 31, 2016 on permissible antibiotics in livestock feed 66. Circular No. Promulgates the national technical regulations •• National technical regulation on Animal feed – 27/2016/TT- 27/2016/TT- on animal feed. Maximum level of mycotoxins, heavy metals, 26/7/2016 BNNPTNT on the and microorganisms in compounded feeds for BNN national technical livestock to reduce negative impacts on the regulation on environment. animal feed 67. Circular No. Supplements the list of banned chemicals and •• The toxic chemicals in livestock negatively 01/2017 / TT- antibiotics from importation, production, trading, affect the environment. BNPTNT dated and use in cattle and poultry feeds in Vietnam. 01/2017 / TT-BNPTNT January 16, 2017, on supplementing 16/01/2017 the list of banned chemicals and antibiotics from importation, production, trading, and use in cattle and poultry feeds in Vietnam 68. Decision No. 397 Guides environmental protection schemes in •• Regulation on environmental protection / QD-CN-MTCN concentrated livestock area. measures; Measures of animal waste 397/QĐ-CN-MTCN dated April 4, treatment: solid waste treatment, wastewater 04/04/2017 2017, promulgating treatment, waste gas treatment, and noise guidance on treatment in livestock. environmental protection schemes in concentrated livestock areas Major legal measures relating to the prevention and control of farm-level agricultural pollution 17  Major legal measures relating to the prevention and control of farm-level agricultural pollution No. Name No. Year Overall purpose Agricultural pollution measures effective Aquaculture specific 69. Circular No. Establishes conditions for food safety and •• Environment conditions regulated in Chapter 44/2010/TT- hygiene in - intensive Asian catfish-rearing 2: Conditions on rearing establishments and 5/9/2010 – 20/6/2016 BNNPTNT on 44/2010/TT-BNNPTNT establishments and zones. zones. providing for conditions on food safety and hygiene-guaranteed intensive Asian catfish-rearing establishment and zones 70. Circular No. Establishes conditions for food safety •• Environment conditions regulated in Chapter 45/2010/TT- and hygiene in intensive tiger shrimp 2: Conditions on rearing establishments and BNNPTNT on (Penaeusmonodon fabricus. 1798) and white- zones. 5/9/2010 – 26/6/2016 45/2010/TT-BNNPTNT providing for leg shrimp (Penaeusvannamei boone. 1931) conditions on rearing establishments and zones. food safety and hygiene-guaranteed intensive tiger shrimp and white- leg shrimp rearing establishment and zones 71. Decision No. 3824 Sets out the principles and requirements •• Good aquaculture practices should / QD-BNN-TCTS applicable in aquaculture, from preparation minimize negative impacts on the ecological dated 2014 on and stocking to harvesting. This norm environment, avoid harm to human health VietGAP applies to domestic and foreign organization and aquatic animals, and not pollute the and individual activity in the aquaculture environment. 3824 / QĐ-BNN-TCTS field (irrespective of the subject or type of •• Aquaculture activities must be carried out aquaculture). 06/09/2014 in an environmentally responsible manner, in accordance with state regulations and international commitments. •• Good control of medicines and livestock products; and individuals and organizations participating in aquaculture should strictly comply with principles and regulations on hygiene and food safety to improve the environment and reduce environmental pollution. 72. Circular No. Establishes a technical regulation on •• Food for fish does not contain antibiotics or 16/2015/TT-BNNPTNT 16/2015/TT- aquaculture conditions: national technical chemicals banned in aquaculture. 10/04/2015 BNNPTNT on regulation on cage/freshwater fish cage – •• Preventing and treating diseases, using promulgating of conditions for food safety and environmental drugs, chemicals, and bio-preparations, and national technical protection. chemical use for environmental treatment and regulation on improvement. aquaculture conditions 18 Annex to “An Overview of Agricultural Pollution in Vietnam: Summary Report” Major legal measures relating to the prevention and control of farm-level agricultural pollution  No. Name No. Year Overall purpose Agricultural pollution measures effective 73. Circular No. Details Paragraph 3 of Article 22 of the •• Chapter 3: Environment management plan to 26/2015/ Government’s Decree No. 18/2015 / ND- manage wastewater. 26/2015/TT-BTNMT TT-BTNMT on CP dated February 14, 2015, defining EPP, 15/7/2015 regulating detailed SEA, EIA, and environmental protection plans environmental (hereinafter referred to as Decree No. 18/2015/ protection project NĐ-CP). and simple environmental protection project 74. Circular No. Details the implementation of Point c of Clause •• Natural environment conditions and social 27/2015/TT- 1 of Article 32 of the Law on Environmental economic conditions in the project area BTNMT on SEA, EIA, Protection dated 2014; Clause 5 of Article 8, including in agriculture and aquaculture 27/2015/TT-BTNMT and environmental Clause 7 of Article 12, Clause 4 and Clause 6 sectors (Chapter 2). 15/7/2015 protection plans of Article 14, Clause 2 of Article 16, Clause 4 of Article 17, Clause 5 of Article 19, and Clause 4 of Article 21 of Decree No. 18/2015/NĐ-CP dated February 14, 2015, of the government on EPP, SEA, EIA, and environmental protection plans (hereinafter referred to as Decree No. 18/2015/NĐ-CP). 75. Circular No. Regulates the prevention and control of aquatic •• Water sources must be treated; control the 04/2016/TT- diseases. environmental factors; ensure the condition BNNPTNT on for veterinary hygiene of product; wastewater 04/2016/TT-BNNPTNT the regulation, and wastes must be disposed prevention, and •• If using home-made feed, fresh food must 21/04/2016 control of aquatic ensure veterinary hygiene, disease safety, and diseases environmental protection •• Apply the technical measures on raising, disease prevention, and environmental management under the guidance of the specialized agencies to encourage using the vaccines in the MARD list. Note: a. Animal medicines include those used in livestock and aquaculture production. b. Plant protection substances include insecticides, fungicides, herbicides, and antibiotics that protect plants from pests and diseases. BOD = biological oxygen demand; COD = chemical oxygen demand; EIA = environmental impact assessment; EPP = environmental protection planning; QCVN = quy chuẩn kỹ thuật (technical regulation); SEA = strategic environmental assessment; VietGAP = Vietnamese Good Agricultural Practice.