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MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY TA VAN KHOI IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY Major Theory and Hist[.]
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY TA VAN KHOI IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY Major: Theory and History of Law and State Code: 9.38.01.06 SUMMARY OF THE DOCTORAL THESIS OF JURISPRUDENCE HANOI - 2023 The project was completed at: HANOI LAW UNIVERSITY Scientific instructors: Assoc.Prof.Dr Le Minh Thong Assoc Dr Vu Thi Duyen Thuy Reviewer 1: Reviewer 2: Reviewer 3: The thesis will be defended in front of the University-level Thesis Judging Committee at Hanoi Law University at …, on… … The thesis can be found at: 1) National Library 2) Library of Hanoi Law University PREAMBLE The urgency of the subject Since 1991, the Party and State have advocated piloting and deploying the construction of industrial parks As of the end of September 2021, nationwide, there are 563 industrial parks included in the planning on development of industrial parks in Vietnam (including industrial parks in coastal economic zones and border gate economic zones) The formation and development of industrial parks in our country is considered as a highly effective economic model with a great concentration on various types of production, trade, and infrastructure; have made positive contributions to the socio-economic development of localities in particular and of the whole country in general, directly contributing to accelerating the process of industrialization and modernization of the country, creating jobs, improve incomes, and improve people's material and spiritual life However, besides the positive effects, the industrial parks in our country are now creating huge algorithms that are opposed to the socio-economic development of the country, the most prominent of which is the algorithm, awareness of the natural environment, creating serious environmental relationships Meanwhile, although the legal regulations on environmental protection in our country have been gradually improved and become increasingly strict, they have not shown the effectiveness and efficiency in terms of state management; the organization and implementation of the implementation of the Law on Environmental Protection in general, the implementation of the Law on Environmental Protection in industrial parks in particular, there are still many shortcomings Awareness of agencies, organizations, enterprises and individuals about environmental protection in the process of investment and production in industrial parks is not really guaranteed The enforcement of the environmental protection law is also counterproductive In addition, the community's supervision for the implementation of the Law on Environmental Protection in industrial parks is not tight, while the level is increasing It is because studying and studying the implementation of the law on environmental protection in industrial parks is an urgent issue; Meanwhile, there have been no studies on the implementation of the Law on Environmental Protection in industrial parks on a large scale in all localities in Vietnam For that reason, the PhD student decided to choose the topic: “Implementation of the Law on Environmental Protection in Industrial Parks in Vietnam today” as the research topic of the thesis majoring in Theory and History of Law and State Research purpose and tasks 2.1 Research purposes Clarifying theoretical issues on the implementation of the law on environmental protection in industrial parks; assessment of the current situation of environmental protection law implementation; on that basis, propose solutions to ensure the effective implementation of the provisions of the law on environmental protection in industrial parks in the new situation 2.2 Research mission To achieve the set purpose, the thesis identifies the tasks that need to be done as follows: - Synthesize and evaluate the overview of the research situation related to the thesis topic in order to identify the gaps that need to be researched in the implementation of the law Environmental protection in industrial parks; - Clarifying the theoretical issues on the implementation of the law on environmental protection in industrial parks such as concepts, characteristics, roles, subjects, methods, contents, forms of law implementation and factors influence and govern the implementation of the law on environmental protection in industrial parks; - Assess the achieved results, limitations and obstacles in the implementation of the law on environmental protection in industrial parks; analysis to clarify the causes of limitations and problems - Proposing viewpoints and solutions to ensure effective implementation of legal regulations on environmental protection in industrial parks Object and scope of research 3.1 Research subjects The research object of the thesis is the implementation of the law on environmental protection in industrial parks, focusing on the implementation of the Law on Environmental Protection and the legal documents systems guiding the implementation of the Law on Environmental Protection 3.2 Research scope - Scope of location: industrial parks in localities of the country, in which the focus is on provinces and cities with many active industrial parks (Hanoi, Ho Chi Minh City, Binh Duong, Nam Dinh, Da Nang…) - Scope of time: from 2010 to present (since the Law on Environmental Protection took effect) Methodology and research methods 4.1 Methodology The thesis is made on the basis of the methodology of dialectical materialism evidence and historical materialism In which the principle of the common relationship between things and phenomena is applied to analyze the relationship between law-making and law-implementing organizations; between the factors of policy, legal institutions, people, facilities to ensure the effective implementation of the law in the field of environmental protection in industrial parks 4.2 Specific research methods The thesis uses specific research methods as follows: - Methods of synthesis and analysis - Logical method - history - Statistical methods combined - Methods of practical survey New scientific contributions of the thesis This thesis is an in-depth, inherited, systematic and comprehensive scientific work on the implementation of the law on environmental protection in industrial parks in Vietnam The contributions of the thesis are shown in the following contents: - Develop a theoretical framework of Environmental Protection Law Implementation in Vietnam's industrial parks; clarify the concept and characteristics of the subject, method, content, form and role of environmental protection law implementation in industrial parks; dominant factors too Enforce environmental protection legislation in industrial parks - The thesis researches, analyzes, evaluates specifically and objectively the current situation of environmental protection law implementation in industrial parks on a large scale in most localities in our country with many types of industrial parks The business is operating; detect the limitations, obstacles and its causes in the organization of environmental protection law enforcement in industrial parks - The thesis identifies the views on ensuring effective implementation of the provisions of the law on environmental protection in industrial parks in our country; propose feasible solutions to ensure the effective implementation of the law on environmental protection in industrial parks in response to new requirements Theoretical and practical significance of the thesis In terms of theory, the contents and results of the thesis contribute to clarifying the theoretical issues of implementing the law on environmental protection in general and implementing the law on environmental protection in industrial parks in Vietnam, South of Vietnam in particular In practice, the assessments, results as well as recommendations of the thesis are not only of reference value for the State management agency on environmental protection in industrial parks but also of reference value for with both investors, industrial park infrastructure traders, secondary production and business establishments in industrial parks in order to gradually improve the quality of operations The thesis is a research, teaching and learning document in educational and training institutions, and is a reference for policy makers who are interested in the implementation of the law on environmental protection in the fields of environmental protection on industrial parks in Vietnam Thesis structure In addition to the introduction, conclusion, list of published scientific works and topics of the author, list of references and appendices, the content of the thesis is structured into chapters: - Chapter 1: Overview of the research situation and research orientation of the thesis; - Chapter 2: Legal issues on environmental protection in industrial parks and implementation of the law on environmental protection in industrial parks; - Chapter 3: Actual situation of implementing the law on environmental protection in industrial parks in Vietnam today; - Chapter 4: Perspectives and solutions to ensure the implementation of the law on environmental protection in industrial parks in Vietnam today Chapter 1: OVERVIEW OF THE RESEARCH SITUATION AND RESEARCH ORIENTATION OF THE THESIS 1.1 RESEARCH SITUATION OVERVIEW 1.1.1 Researches in our country Research problem Environmental protection in general and Environmental protection law implementation in industrial parks in particular is an issue that many experts and scientists are interested in researching from many angles and by many methods For example, environmental engineering, environmental state management, environmental science Particularly for jurisprudence in general and theoretical science on the state and law in our country However, this is a relatively new research problem However, through the process of researching and synthesizing documents, materials, and data, we found that there are quite a few research works on the theory of state and law in particular and the field of jurisprudence in general related to this subject and have been interpreted in many different perspectives through many different angles of scientists, managers, and practitioners in the country and abroad The documents are quite rich, including: monographs, dissertations, scientific research topics, journal articles, scientific reports This has shown the topicality, hotness and enthusiasm both theoretically and practically, the implementation of the law on environmental protection in general and the implementation of the law on environmental protection in industrial parks in particular in recent years It can be seen that relevant research works in the country are usually carried out in the following main content directions: - Research on environmental protection legal system; - Research on Environmental Protection Law Implementation; - Research on the Law on Environmental Protection of Industrial Parks and Implementation of Laws on Environmental Protection of Industrial Parks 1.1.2 Research situation in the world Legal issues Environmental protection and the implementation of the law on environmental protection in industrial parks in the country research has been carried out in the world since the 90s of the twentieth century There are many works from European and American countries as well as Asia and Africa that point out challenges to the implementation of environmental protection legislation In recent times, in the face of the strong development of economies in the world with the rapid industrialization and modernization of many countries, especially developing countries, the problem of implementing The law on environmental protection of industrial parks is more urgent Academia has had many valuable analysis and evaluation works, which can be mentioned as countries such as China, India, Nigeria, UK, USA 1.1.3 An overview of the research situation and issues that need further research 1.3.1.1 An overview of the research situation Through studying domestic and foreign scientific works related to the implementation of the law on environmental protection in industrial parks, we found that this is an issue of interest to many academic circles, research, find out, especially in recent times, when the process of industrialization, modernization and urbanization in countries around the world is taking place more and more strongly with unprecedented speed Research works from different angles, aspects and purposes and scopes have basically achieved certain results However, there are still open issues that need to be further researched, clarified, deepened and more comprehensive - Only focused and stopped at studying basic issues such as the concept, characteristics of Law Enforcement, forms of Law Enforcement, the role of Law Enforcement in general, but not deeply analyzed, evaluating theoretical and practical issues on the implementation of the law on environmental protection in industrial parks - Not deeply analyzing and evaluating the general picture, all indicators and standard framework on environmental protection in industrial parks nationwide - The solutions offered by these studies are not comprehensive enough to promote the implementation of the Law on Environmental Protection in industrial parks 1.1.3.2 Issues that need to be further studied in this thesis - Theory: The thesis needs to continue to research and clarify theoretical issues about the concept, characteristics as well as the role of environmental protection legislation in industrial parks; analysis of the content, forms and methods of implementing the law on environmental protection in industrial parks; factors affecting the implementation of the law on environmental protection in industrial parks - In practice: The thesis aims to clarify the actual situation of environmental protection law implementation in industrial parks: advantages, limitations and causes of advantages and limitations through surveying the situation of implementing the Law on Environmental Protection in Industrial Parks nationwide; in which, the focus is on localities with a large number of industrial parks and "outstanding" problems of environmental pollution in industrial parks - About the solution: Through researching, assessing the current situation, pointing out the causes, the thesis offers views and solutions to ensure the implementation of the law on environmental protection in industrial parks in Vietnam today in order to meet the requirements of sustainable development - Regarding methods and approaches: The thesis approaches the content of the law on Environmental protection in industrial parks according to criteria of environmental protection measures in industrial parks; From there, the thesis determines the framework of criteria for the implementation of the law on environmental protection in industrial parks with corresponding regulations 1.2 HYPOTHESIS AND RESEARCH QUESTIONS 1.2.1 Research theory The thesis is carried out on the basis of the main research theories as follows: - Theory of Law Implementation which in legal science is now widely recognized - The theory of environmental science aims to explain the concept of environment, the concept of industrial park environment, the need to protect the environment in industrial parks - The theory of sustainable development has set a requirement for the content of the law and the implementation of the law Environmental protection in industrial parks must ensure a harmonious combination between economic development, environmental protection, and economic development, school and social progress - The thesis is carried out on the basis of theory and research methods of Theoretical science on the state and law from the point of view of capitalism Marx - Lenin - The thesis is also carried out on the basis of viewpoints and policies of the Communist Party of Vietnam 1.2.2 Research hypotheses - The first hypothesis, the legal system on environmental protection in industrial parks is incomplete, inconsistent and inconsistent, causing difficulties and inadequacies in the process of implementing the law - The second hypothesis, there is a complete, synchronous and unified legal system of environmental protection in the industrial park, but the implementation of the law is not guaranteed, and the implementation efficiency is not high - The third hypothesis, there is a legal system on environmental protection, but this system still has some shortcomings; at the same time, the process of organizing the implementation of the law on environmental protection in industrial parks still has many difficulties, limitations and obstacles 1.2.3 Research question First, what is the implementation of the law on environmental protection of industrial parks, with characteristics, roles, and meaning? Subjects implementing the law on environmental protection of industrial parks include which subjects? What are the contents of the implementation of the law on environmental protection of industrial parks? What conditions are needed to ensure that the implementation of the Law on Environmental Protection of Industrial Parks is implemented effectively and feasibly? Second, the actual implementation of the environmental protection law in industrial parks in Vietnam has now achieved and what limitations still exist? What are the causes of these existences and limitations? Third, what are the current viewpoints and principles to ensure the implementation of the Law on Environmental Protection in industrial parks in Vietnam? What solutions are needed to help ensure that the implementation of the Law on Environmental Protection in industrial parks in Vietnam is properly, seriously and effectively implemented? 2.7 MEASURES TO COMPLY WITH THE LAW ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS To implement the law on environmental protection in industrial parks in Vietnam, it is necessary to organize the implementation according to the following specific measures: 2.7.1 Administrative measures 2.7.2 Economic measures 2.7.3 Judicial measures 2.8 ENVIRONMENTAL CONDITIONS COMPLYING WITH THE LAW ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS The implementation of the law on environmental protection in industrial parks in our country often depends on the following main conditions: 2.8.1 Quality and perfection of the legal system on environmental protection in general and the law on environmental protection in industrial parks in particular 2.8.2 Level of consolidation of the system of participating state agencies Implementing the law on environmental protection in industrial parks 2.8.3 Legal consciousness of subjects Enforce environmental protection laws in industrial parks 2.8.4 Technical facilities for the implementation of the law on environmental protection in industrial parks 2.8.5 International cooperation in the field of Law enforcement on environmental protection in industrial parks 2.9 FACTORS AFFECTING THE IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN OUR COUNTRY TODAY 2.9.1 Economical factors 2.9.2 Political and social factors 2.9.3 Factors of education level and legal culture Chapter 3: SITUATION LAW ENFORCEMENT ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY 3.1 DEVELOPMENT SITUATION AND ENVIRONMENTAL POLLUTION IN INDUSTRIAL PARKS IN VIETNAM 3.1.1 The development of industrial parks in Vietnam Industrial parks across the country have directly contributed to accelerating the process of industrialization, modernization and international integration more and more deeply; plays an important role in the national economy Specifically in the following main aspects: - The number of industrial parks is increasing; - Industrial parks are unevenly distributed among regions - Industrial parks in Vietnam are increasingly contributing to the socioeconomic development of the country and localities 3.1.2 Situation of environmental pollution in industrial parks in Vietnam In recent years, the issue of environmental protection in industrial parks has always been raised by all levels of the governments from the central to local levels; The State has promulgated many policies and laws on the environment, and localities have also made great efforts in implementing the law on environmental protection in industrial parks However, up to the present time, the situation of environmental pollution in industrial parks is still complicated in the following aspects: Air pollution in industrial parks due to suspended dust (TSP) and waste industry; Noise pollution in industrial parks; Water pollution; Pollution due to solid waste This poses problems that need to be thoroughly solved by many different methods and tools, of which the most important, effective and effective is still the legal tool with the requirements This strictly and seriously enforces the law with the strict management of state agencies as well as the participation of the community and other relevant entities 3.2 SITUATION OF INSTRUCTIONS AND IMPLEMENTATION ACTIVITIES ENFORCING THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS 3.2.1 Promulgating documents concretizing legal regulations on environmental protection in industrial parks a) In Central In the past years, especially in the period 2015-2020, many guidelines, policies, and legal documents on environmental protection in general and in industrial parks in particular have been promulgated, most notably the Law on Environmental Protection in 2020; There was basically a connection and agreement between the central and local governments in the process of elaborating and promulgating legal documents to guide the implementation Since then, the legal and policy framework for environmental protection activities in general and in industrial parks in particular ensures compatibility, overall, comprehensive, and harmonization with other legal systems, in line with current trends Table 3.2 Statistical table of legal documents on environmental protection promulgated by central state management agencies for the period 2011-2020 No Document Type Issued Valid Expire total document document Undefined Law 125 59 66 Order 29 16 13 49 11 24 14 Congressional resolution, Standing Committee of the National Assembly, Government, Parliament joint decision Decree 1160 96 72 Decision of the Prime Minister 112 71 22 19 73 73 73 73 Directives of the Prime Minister Circulars of ministries and branches 82 61 11 10 Joint Circular 79 43 13 23 Decisions of Ministers of Ministries and sectors Total 143 78 46 19 852 462 298 102 (Source: Author's synthesis) It can be seen that the system of legal documents on environmental protection since renovation to date includes: Constitution and laws; Legal documents guiding the implementation of the law b) In localities In addition to the Constitution, laws promulgated by the National Assembly, decrees and decisions of the Government, circulars of the Ministry of Natural Resources and Environment and relevant ministries, local governments have issued many legal documents Law on Environmental Protection in Industrial Parks Typical are the Decisions of the People's Committees, the Resolutions of the People's Councils at all levels, etc There are cases such as: Hanoi, Ho Chi Minh City, Binh Duong, Vinh Phuc, Bac Ninh The issue of environmental protection in industrial parks has been stipulated in the Constitution, the Law on Environmental Protection in 2020, decrees, circulars, resolutions, decisions and other applicable legal documents This is a legal corridor to help related subjects The authorities are well aware of the rights and obligations of environmental protection in industrial parks to strictly comply with the provisions of the law 3.2.2 Activities of propagating, disseminating and educating the law on environmental protection in industrial parks a) In Central In the past time, especially since the Law on Environmental Protection 2020 was promulgated, relevant ministries, departments and agencies, mainly the Ministry of Natural Resources and Environment, have paid special attention to information and propaganda work propagating and disseminating the law on environmental protection through many forms such as: through mass media and grassroots information system (television channel, radio channel, print press, electronic newspaper); issue documents and publications on environmental protection policies and laws (brochures, question and answer handbook ); At the same time, strengthen the dissemination of the content of the Law on Environmental Protection to the people and officials at all levels, especially the propaganda staff of the various departments b) In the localities To strengthen the work of information, propaganda, dissemination and awareness raising of subjects about the law on environmental protection in industrial parks, many localities have issued plans and propaganda programs on environmental protection based on the orientation of the Ministry of Natural Resources and Environment as well as the practical conditions of their localities; In which, there are prominent propaganda activities of provinces and cities such as: Ho Chi Minh City, Vinh Phuc, Nam Dinh and some other localities 3.2.3 Actual situation of inspection, examination and handling of violations of the law on environmental protection in industrial parks a) At the central level and across the sector It can be said that the activities of inspection, examination and handling of violations of the law on environmental protection, including industrial parks throughout the country, have made positive changes over the years and in each period implemented regularly, continuously, with a central focus and created the consensus and support of public opinion Every year, the whole industry conducts hundreds of environmental inspections and tests for thousands of establishments, including hundreds of industrial clusters and industrial parks across most of the provinces/cities in the country Table 3.4 Statistics on inspection and examination activities at the Central Government for the period 2011-2014 The number of production, business Time establishments, industrial parks and clusters is inspected and inspected 2011 435 The number of production, business establishments, The fine amount (billion industrial parks and clusters dong) violated 219 26.708 2012 467 188 34.56 2013 636 335 46.68 2014 826 639 92.28 (Source: Ministry of Natural Resources and Environment: National Environmental Status Assessment Report 2011-2015, Hanoi, 2015, p.202) During the period 2016-2020: The Ministry of Natural Resources and Environment has inspected and inspected nearly 3,000 establishments, industrial parks and industrial clusters nationwide, detected and sanctioned about 1,400 violating organizations with a fine of more than 200 billion VND b) In the localities In addition to the inspection and examination of environmental protection at central and local agencies, the provincial People's Committees and the Departments of Natural Resources and Environment also pay great attention to the number of The quality and quality of environmental protection inspection and inspection missions organized by provinces and cities have also been enhanced over the years and achieved certain results, typically provinces and cities: Nam Dinh, Da Nang, Dong Nai, Long An,… 3.2.4 Actual situation of environmental dispute settlement activities in industrial parks In Vietnam, there are more and more conflicts and disputes over the environment, most notably disputes for compensation for damage to people and property caused by acts of environmental pollution The issue of resolving environmental disputes caused by violations of the Law on Environmental Protection of industrial parks is still an extremely complex issue, without a clear and strict regulatory system The law enforcement process is extremely difficult 3.3 ACTUAL STATUS OF IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS 3.3.1 Actual situation of implementing the law on industrial park construction planning in association with environmental protection requirements The main violations are using land to build environmental protection works, land as a distance from the environmental safety corridor, land to plant trees for other purposes In particular, in geographical areas favorable for industrial park development, infrastructure investors often use land used for construction of environmental protection items to sub-lease it to other organizations and individuals in order to carry out production and business activities The rate of industrial parks with violations of industrial park construction planning associated with environmental protection requirements is not high compared to the total number of industrial parks in Ho Chi Minh City However, because environmental protection requirements in the industrial park construction planning create a premise for environmental protection activities later, these regulations need to be strictly implemented The fact that there are still a number of industrial parks that have not yet strictly implemented the industrial park construction planning, the responsibility first of all belongs to the investor of the infrastructure of the industrial park In addition, it is also the responsibility of the Industrial Park Management Board, the local environmental protection agency In recent times, Vietnam has encouraged the development of eco-industrial parks However, compared to the total number of industrial parks in the country, eco-industrial parks only account for a very small proportion 3.3.2 Actual situation of implementing the law on environmental impact assessment in industrial parks Environmental impact assessment activities have contributed to mobilizing the contributions of agencies, organizations and social classes to environmental protection The responsibility of agencies, organizations and community has been enhanced in environmental protection In fact, through the Environmental Impact Assessment, the environmental protection of investment projects has made very positive changes Investment projects are approved and reported Environmental impact assessment, environmental protection plan have been fully implemented by measures to reduce pollution and other tasks in accordance with the law on environmental protection 3.3.3 Actual situation of implementing the law on waste treatment in industrial parks 3.3.3.1 Compliance with the law on wastewater treatment in industrial parks By surveying localities with a large number of industrial parks nationwide, most of them show that wastewater treatment meets the standards Currently, most industrial parks have completed the installation of automatic wastewater monitoring stations and transmitted data to the Department of Natural Resources and Environment for monitoring and supervision according to regulations For secondary enterprises in industrial parks, most enterprises in industrial parks have completed the connection of wastewater to the centralized wastewater collection and treatment system of the industrial park, no longer the phenomenon of direct discharge of wastewater into the environment; Enterprises with wastewater are preliminarily treated to meet standards 3.3.3.2 Implementation of the law on solid waste treatment in industrial parks Overall, in the past time, the collection, transportation and treatment of solid waste in industrial parks have achieved remarkable results According to the National Environmental Status Report for the period 2016-2020, most industrial parks and export processing zones have taken measures to classify and temporarily store solid waste before collecting and transporting it to treatment sites, concentrated solid waste The rate of industrial solid waste collection and treatment is quite high, reaching over 90% of the generated volume By 2020, the whole country has 117 hazardous waste treatment facilities licensed by the Ministry of Natural Resources and Environment, with a total treatment capacity of about million tons/year The rate of hazardous waste collected and treated in accordance with regulations reached 85% (an increase of about 6% compared to 2017); in which 04 localities reached 100%, except for Thai Nguyen and Bac Giang with the rate lower than 85%, the remaining localities reached over 85% Besides, the export of hazardous waste abroad was initially implemented 3.3.3.3 Compliance with the law on waste gas treatment in industrial parks Production, business and service enterprises in industrial parks must actively perform the obligation to register industrial emissions source owners and periodically monitor emissions The registration of waste source owners for industrial settlement is carried out before production and business establishments come into operation At the same time, minimizing emissions and minimizing the concentration of pollutants in the exhaust gas, minimizing the impact of noise of production, business and service establishments in invested industrial parks, installing exhaust gas treatment system, minimizing noise to ensure environmental technical regulations are implemented Some enterprises have applied environmentally friendly production technologies, saving energy 3.4 GENERAL ASSESSMENT OF THE SITUATION OF ENVIRONMENTAL PROTECTION LAW IN IZES IN VIETNAM 3.4.1 Advantage 3.4.1.1 Advantages of activities guiding the implementation of law enforcement on environmental protection in industrial parks - Promulgation of specific guiding documents: Since the Law on Environmental Protection was officially promulgated, especially recently, the system of legal documents on environmental protection in general and in The industry in particular has been focused and perfected in a fairly large number, fundamentally and comprehensively adjusted issues from pollution prevention, degradation, environmental incidents to solving environmental pollution - Propagating and disseminating the Law on Environmental Protection in industrial parks: A large force has been mobilized to participate in the propagation and dissemination of the Law on Environmental Protection in industrial parks; There is a relatively rhythmic and synchronous distribution between levels, the effective branches of this activity are increasingly clear, creating transformed variables in the perception and actions of law subjects related to the public sector of environmental protection in industrial parks throughout the country - Activities of inspection, examination and handling of violations of the Law on Environmental Protection in industrial parks: are improving, becoming more and more effective, with many positive changes; achieve the set goals, with focus and focus - Environmental dispute resolution activities in industrial parks: Legal regulations have initially created a legal basis for people affected by ONMT to have their rights protected and state management agencies to consider their responsibilities of the subject of environmental law violations caused by the industrial park 3.4.1.2 Advantages in implementing the contents of the Law on Environmental Protection of Industrial Parks - Infrastructure investors of industrial parks have made efforts to ensure basic environmental protection infrastructure items as prescribed by law; - Infrastructure investment project owners of industrial parks have basically fulfilled their obligations of environmental impact assessment before going into operation; - Controlling environmental protection in industrial parks has achieved certain positive results; - Many legal regulations on encouraging the development of eco-industrial parks have gradually been completed 3.4.2 Limitations 3.4.2.1 Stopping the regime in guiding the implementation of the implementation of the Law on Environmental Protection in Industrial Park - The promulgation of documents concretizing legal regulations on environmental protection of industrial parks is still not really scientific, timely, complete, effective, efficient, feasible and applicable - The results of the activities of propagating, disseminating and educating the law on environmental protection in industrial parks have not yet been commensurate with the role and meaning of the activities, and have not met the necessary requirements; - The inspection, examination and handling of violations of the law on environmental protection in industrial parks basically still face certain difficulties and limitations - Environmental dispute resolution activities in industrial parks still face many confusions and obstacles in the implementation process 3.4.2.2 Limitations in the implementation of the provisions of Law on Environmental Protection of Industrial Parks - Regarding industrial park planning: There is still a situation that investor of industrial park infrastructure does not well implement planning on construction of industrial parks in association with requirements of environmental protection the the the the - Regarding the implementation of the law on environmental impact assessment reports: Currently, environmental impact assessment reports are mainly carried out by infrastructure investment enterprises and hired by consulting firms Although the quality of the Environmental Impact Assessment report has been improved than before, the appraisal and approval are basically still formal and coping - Waste in industrial parks has not been thoroughly treated, and some industrial parks not have centralized wastewater treatment plants; - The number of eco-industrial parks nationwide is still small - In some localities, the State management of environmental protection in industrial parks still has some limitations, not meeting the requirements of reality 3.4.3 The cause of the limitations - The legal system on environmental protection in industrial parks still has many shortcomings and lacks synchronization, causing difficulties for the implementation of the law; - Propaganda and popularization of the law on environmental protection in industrial parks in some localities has not been effective; - Violations of the law on environmental protection in industrial parks are increasingly sophisticated and hard to detect; - The inspection work in some cases has not been effective due to the low number of unexpected inspection cases In general, environmental pollution in industrial parks in recent years has been strictly controlled This control activity includes from prevention to remediation of environmental pollution That proves, the implementation of the law on environmental protection in industrial parks has achieved remarkable achievements Besides, in some industrial parks, environmental pollution still occurs at different levels Chapter 4: PERSPECTIVES AND SOLUTIONS TO ENSURE THE IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY 4.1 VIEWPOINT ON ENSURING THE IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY 4.1.1 Implement the Law on Environmental Protection in Industrial Parks in order to institutionalize the line of the Communist Party of Vietnam on Environmental Protection and Industrial Park Development 4.1.2 Implementation of the law on environmental protection in industrial parks must be carried out regularly, continuously, with a key focus, suitable to the nature and characteristics of each industrial park 4.1.3 Uphold the responsibilities of local state agencies in implementing the law on environmental protection of industrial parks 4.1.4 Ensure the promotion of the role of the residential community in the implementation of the law on environmental protection in the industrial park 4.2 SOLUTIONS TO ENSURE ENVIRONMENTAL PROTECTION IN INDUSTRIAL PARKS IN VIETNAM TODAY 4.2.1 Solutions to improve the law on environmental protection in industrial parks 4.2.1.1 Develop a separate chapter on Environmental Protection in concentrated production zones in the Law on Environmental Protection; 4.2.1.2 Continuing to improve the legal regulations on industrial park planning in association with environmental protection requirements; 4.2.1.3 Continuing to improve legal regulations on environmental impact assessment in industrial parks; 4.2.1.4 Continuing to improve the law on perfecting the organizational structure of the environmental management system in the industrial park; 4.2.1.5 Continuing to improve the legal regulations on inspection and examination of the implementation of the law on environmental protection in industrial parks; 4.2.1.6 Continuing to improve the legal regulations on handling of administrative violations in the field of environmental protection in industrial parks; 4.2.1.7 Continuing to improve the legal regulations on environmental crimes; 4.2.1.8 Continuing to improve legal provisions on dispute settlement environmental dispute, compensation for environmental damage; 4.2.1.9 Continuing to improve the legal regulations on waste treatment in industrial parks 4.2.2 To step up the propagation, dissemination and education of laws and laws on environmental protection in industrial parks; 4.2.3 Mobilizing the participation of the community in the implementation of the law on environmental protection in industrial parks; 4.2.4 Strengthen the inspection, examination and handling of violations of the law on environmental protection in industrial parks; 4.2.5 Strictly handle violations of the law on environmental protection in industrial parks; 4.2.6 Consolidate state agencies and improve professional qualifications and professional ethics for state officials Enforce the law on environmental protection in industrial parks; 4.2.7 Developing science and technology on environmental protection in general, environmental protection in industrial parks in particular; 4.2.8 Strengthening international cooperation on Environmental protection law implementation in industrial parks; 4.2.9 Some other solutions CONCLUSION Industrial park development is an inevitable trend in the development of a socialist-oriented market economy in our country Over the years, the industrial park has increasingly affirmed its important role in the national economy To ensure sustainable industrial park development, the state has developed a full legal framework on Environmental Protection in industrial parks However, the process of implementing the law on environmental protection in industrial parks still faces certain difficulties The main reason is that the legal system is not synchronized and unified; the propagation of the law has not been effective; the number and qualifications of staff in environmental management in some localities have not met the requirements; The inspection, examination, and handling of violations of the law are sometimes not strict Before that situation, the research aimed at proposing viewpoints and solutions to implement the law on environmental protection in industrial parks must be urgent Considering the research situation in the country and in the world, it shows that there have been many scholars interested in researching on the implementation of laws and laws on environmental protection in industrial parks There are a number of scholars who have studied the issue of Law Enforcement in specific local industrial parks Therefore, from a legal perspective, there has not been any research that deeply and comprehensively studies the issue of theory and reality of environmental protection law implementation in industrial parks nationwide That is the reason that the author chooses the topic: “Implementation of the law on environmental protection in industrial parks in Vietnam today” to his doctoral thesis The legal content of environmental protection in industrial parks is approached from many different angles, this thesis approaches the main measures to protect the environment in industrial parks Accordingly, the law on environmental protection in industrial parks includes: Law on planning for construction of industrial parks associated with environmental protection; Law on Environmental Impact Assessment in Industrial Parks; Law on waste treatment in industrial parks; Law on inspection, handling of violations, settlement of disputes on environmental protection in industrial parks These regulations basically meet the needs of Environmental Protection in industrial parks Some regulations are still inadequate, causing difficulties in the application process Correspondingly, the implementation of the law on environmental protection in industrial parks includes: Implementation of the law on planning the construction of industrial parks in association with environmental protection; Law enforcement Environmental impact assessment in industrial parks; Implement the law on waste treatment in industrial parks; Implement the law on inspection, handling of violations of the law, settlement of disputes on environmental protection in industrial parks The process of implementing the law on environmental protection in industrial parks has achieved remarkable achievements and as a result, the situation of environmental pollution in many industrial parks has been resolved The rate of cases causing environmental pollution compared to the growth rate of industrial parks has decreased significantly Besides, in some industrial parks, environmental pollution still exists, which proves that the process of implementing the law on environmental protection in industrial parks is not really effective On the basis of the theoretical analysis of the implementation of the law on environmental protection in industrial parks in Chapter 2, the practical implementation of the law in this field in Chapter 3, the thesis proposes solutions to ensure Enforce environmental protection laws in industrial parks Specifically: Completing the law on environmental protection in industrial parks; Promote propaganda and education of the law on environmental protection in industrial parks; Strengthening inspection and examination of the implementation of the law on environmental protection in industrial parks; Strictly handle violations of the law on environmental protection in industrial parks; Consolidate the whole machine, build a contingent of officials and civil servants of environmental management agencies with professional capacity and ethical qualities; Strengthening international cooperation on Environmental protection law implementation in industrial parks LIST OF SCIENTIFIC RESEARCH WORKS OF THE AUTHOR RELATED TO THE THESIS HAS BEEN PUBLISHED Ta Van Khoi (2019), Правовое регулирование охраны окружающей среды в индустриальных парках некоторых стран Азии: опыт для Вьетнама” (Implementation of the law on environmental protection in industrial parks of some Asian countries: experience for Vietnam), Юридические исследования (Journal of Legal Studies), (8), p.51 -58 Ta Van Khoi (2020), “Модель экоиндустриального парка и опыт Вьетнама” (Model of eco-industrial parks in the world and some economic experience for Vietnam), Young Scientist (Journal of Young Scientist), (35(325), p.71-73 Ta Van Khoi (2020), “Law on environmental pollution control of industrial parks in Vietnam”, Journal of Education and Society, (145(176), p.83-88 Ta Van Khoi (2020), “Law on wastewater treatment in industrial parks inVietnam”, Journal of Industry and Trade , (25), p.8-12