Openness, transparency and accountability on environmental protection in Vietnamese law

At the same time, the 2005 La on Envi onmental P otection also initially p ovided egulations on openness and t anspa ency in the envi onmental p otection Acco dingly, the info mation ela[r]

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A A CY A D ACC U ABILI Y

VI AL C I I VI A LA

Prof Dr P a Tru Ly1,

- LL uye Tru T a - LL uye D P uc

-I troduct o

Openness, t anspa ency and accountability a e essential qualities of the public se vices in most of developed count ies, besides othe qualities such as effectiveness, efficiency, and integ ity, etc Ensu ing of accountability is accompanied ith concepts, mechanisms and la s on openness, t anspa ency and democ acy in gove nmental autho ities, pe fo mance In the ecent time, ensu ing t anspa ency of state administ ative agencies has been ecently conside ed as one ofthe u gent equi ements fo imp oving the efficiency of state management agencies, ensu ing democ acy in the State’s pe fo mance as ell as indispensable equi ements in the implementation of inte national commitments

Rega ding the envi onment, the application of p inciples of oppenness t anspa ency and accountability is an impo tant p e equisite fo the exe cise ofhuman ights The Decla ation of the United Nations Confe ence on the Human Envi onment (Stockholm Decla ation, 72) identifies that living in the clean envi onment is one of the co e p inciples in the elationship among count ies P inciple specifies that “Man has thefundamental right tofreedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environmentfor present and future

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generations>n P inciple of the Rio Decla ation on Envi onment and Development (Rio đe Janei o, 2) adopted ith 78 app ovals of 78 gove nments in the o ld states that “Human beings are at the centre of concerns for sustainable development hey are entitled to a healthy and productive life in harmony with nature3’2 Living in a healthy envi onment is one of the key p inciples and natu al ights ecognized by the inte national community and is di ectly elated to the quality of life Humans a e entitled to the clean envi onment ith pe missible standa ds and mony ith natu e; o in othe o ds, this is the ight to live in the a ea ithout polluted o deg aded envi onment

Rio Decla ation on Envi onment and Development in sho s the a a e of the impo tance of the application of the p inciples of openness, t anspa ency and accountability, specifically, P inciple affi ms that “At the national level each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes tates shall facilitate and encourage public awareness and participation by making information widely available”3 Count ies in the o ld have eaffi med thei commitment to these p inciple at Johannesbu g Summit 2002 - the Wo ld Summit on Sustainable Development Convention on Access to info mation, Public Pa ticipation in Decision-Making and Access to Justice in Envi onmental Matte s (Aa hus Convention) as adopted by count ies and Eu opean Community in in the city of Aa hus at the Fou th Ministe ial Confe ence on “Envi onment fo Eu ope” The ob ective of the Convention is “to contribute to protection of the right of every person ofpresent andfuture generations to live in an environment adequate to his or her health and well-being”

To effective implement inte national commitments as ell as to meet u gent equi ements in the innovation and development p ocess, the Vietnam’s Communist Pa ty and State have had many significant steps fo a d in the p ocess of finalizing the institutional f ame o k and policies on implementation of the p inciples of

Openness, ransparency and Accountability in tate overnance

United Nations Confe ence on the Human Envi onment - ƯNCHM ( 72), The Decla ation of the United Nations Confe ence on the Human Envi onment (Stockholm Decla ation), Stockholm, June 6, 72

2 United Nations Confe ence on Envi onment and Development - ƯNCED ( 2), Rio Decla ation on Envi onment and Development, Rio de Janei o (B azil), 3- June,

3 United Nations Confe ence on Envi onment and Development - ƯNCED ( 2), Rio Decla ation on Envi onment and Development, Rio de Janei o (B azil), 3- June,

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oppenness, t anspa ency and accountability in the envi onment field This pape aims at the gene alization of the p ocess of imp oving the la s on openness, t anspa ency and accountability in the envi onmental p otection; evaluating the effectiveness of la enfo cement as ell as identifying limitations in the la s on openness, t anspa ency and accountability in the envi onmental p otection ove the ecent time

Ope ess, tra spare cy a d accou tab l ty - co s ste t requ reme ts V et am’s e v ro me tal law

1 Current situation o f laws on openness and transparency in the environmentfield

The 46 Constitution, the fi st Constitution of the Vietnam, ma ked the histo ic victo y in the August Revolution and establishment of the Democ atic Republic of Vietnam The ideas of openness and t anspa ency have been affi med fo the fi st time by P esident Ho Chi Minh, Vietnam’s Communist Pa ty and State in the decla ation “Buildinga dean and strongstate ofthepeople” The 46 Constitution also egulated that “ he arliament's meetings are open hepublic are allowed to come to listen he press is allowed to broadcast discussions and resolutions of the arliament”l and “court trials shall be public, unless specified otherwise”2 Thus, acco ding to the legislative ideology of the 46 Constitution, citizens e e entitled to access info mation in a public, di ect manne o indi ectly via the p ess about meetings of the Pa liament (the legislative body of the Democ atic Republic of Vietnam) o t ials of the cou ts (Judicial body)

The La on Envi onmental P otection as fi st enacted hen the Constitution came into fo ce At this time, the e e e no di ect egulations on info mation openness, t anspa ency on envi onmental p otection The scope and fo m of info mation disclosu e had some limitations “ overnmental agencies, within the scope o f their respectivefunctions and tasks, are responsiblefor investigating:>researching and assessing of the current environment status; periodically reporting to the National Assembly on the environmental situation; identifingpolluted areas informing thepeople”3 The 2005 Anti-Co uption La as the fi st la to int oduce the definitions of openness, t anspa ency and the p inciples of openness and t anspa ency in the state gove nance management of agencies, o ganizations and units Acco dingly, openness

A ticle 30 of the 46 Constitution 2A ticle 67 of the 46 Constitution

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is the publication and elease of official info mation of ce tain documents, activities contents o the elease of contents by agencies, o ganization units ; Contents and enfo cement of policies and la s must be public, t anspa ent, fai and democ atic; Agencies, o ganizations and units must publicize thei activities, except fo contents classified as state sec ets and contents p esc ibed by the Gove nment2 Besides egulating the esponsibility fo the info mation openness and t anspa ency by agencies and units, the La also specifies fo ms of info mation disclosu e to the people to make them unde stand the info mation The p omulgation of the 2005 Anti-Co uption La sho ed the legislative agencies inte est to a ds openness and t anspa ency info mation to the people in all a eas of the state management

At the same time, the 2005 La on Envi onmental P otection also initially p ovided egulations on openness and t anspa ency in the envi onmental p otection Acco dingly, the info mation elated to envi onmental p otection to be disclosu ed include: Ỉ) ublication at the project sites about information on kinds of wastes, wastes treatment technologies, standard parameters of wastes and environmental protection solutions for residential communities to know, inspect and monitor; 2) ublication of decisions on handling of polluting or seriously polluting establishments at places of polluting establishments; 3) ublication of information on sources of waste discharged into rivers; 4) ublication ofresults ofinvestigation, including the causes, degree and scope ofpollution, and damages caused to the environment; 5) ublication of environmental impact assessment reports, decisions approving environmental impact assessment reports, and plans for implementation of such decisions, requirementsỈ 6) Registered environmental protection commitments; 7) Lists, information on discharge sources> wastes harmful to human health and environment; 8) olluted areas, degraded areas with serious andparticularly serious environmentalpollution and degradation;potential environmental incident occuring areas; 9) lanningfor waste collection, recycling and treatment; 10) rovincial-level environmental status reports, environmental impact reports of branches and domains, and national environment reports; 11) Organizations and individuals managingconcentratedproduction, business and service zones; owners of production, business and service establishmentsỈprofessional organizations and officials in charge of environmental protection shall have to inform the people and laborers in their production, business and service establishments about the environment situation, measures to prevent and restrict adverse environmental impacts and measures to

Claude A ticle of the 2005 Anti-Co uption La 2A ticle of the 2005 Anti-Co uption La

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remedy environmentalpollution and degradation Despite equi ements of info mation openness and t anspa ency e en’t eflected in the Constitution, but ell eflected in the 2005 La on Envi onmental P otection inte ms of its contents and fo ms Ho eve , the La on Envi onmental P otection is ust a “sub-la ” that has not cove ed a comp ehensive scope of disclosu e and t anspa ency of info mation hich othe la s must be compatible ith

The egime of openness, t anspa ency and accountability of info mation is the most evident in the 20 Constitution Acco dingly, “the state shallfacilitate citizens to participate in administration of the tate and society; and shall ensure publicity and transparency to citizens' opinions and recommendations This is conside ed as a p inciple ofopenness and t anspa ency hen all State management agencies a e obliged on eceipt and esponse to citizens’opinions and ecommendations upon equests The efe ence of the openness and t anspa ency in the Constitution is ve y impo tant and meaningful, hich equests la s and codes to comply ith and conside s openness and t anspa ency as a mandato y p inciple fo development la

The 20 La on Envi onmental P otection as enacted ith an expanded scope of info mation disclosu e, clea fo m of info mation disclosu e, p ovide clea

egulations on the autho ities esponsible fo disclosing info mation, as follo s: In te m of contents, five g oups of envi onmental info mation to be published acco ding to A ticle of the 20 La on Envi onmental P otection include: (a) Repo t on st ategic envi onmental assessment (SEA), envi onmental impact assessment (EIA) and envi onmental p otection plan; (b) Info mation of emission sou ces, emissions and t eatment of aste; (c) A eas suffe ing f om se ious and pa ticula ly se ious pollution, deg adation, potential envi onmental incident - ocea ing a eas; (d) Envi onmental epo ts; and (e) Results of investigation and inspection of envi onmental p otection Ho eve if “the information prescribed in this claude is on the list ofstate secrets, it wiU not bepublished”

In te m of fo ms, Clause 2, A ticle of the 20 La on Envi onmental P otection egulated that: “ he publishingforms must ensure conveniencefor relevant information recipients” Dec ee No /20 5/ND-CP date Feb ua y 4, 20 of the Gove nment detailing a numbe of a ticles of the La on Envi onmental P otection specified fo ms to p ovide envi onmental info mation fo esidential communities,

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including: (i) documents, p ints and publications published on the mass media; (ii) official ebsites of management agencies, investo s, o ne s of p oduction, business and se vice establishments; (iii) publicly posting at p oduction, business se vices establishments and head office of the commune Peoples Committee; (iv) p ess confe ence; (v) meetings to disseminate to esidentialcommunities; and (vi) othe fo ms as p esc ibed by la The envi onmental info mation to the community is p ovided at least once a yea , and the minimum time fo info mation publishing on official ebsites and posting is at least 30 days In the ELA consultation p ocess, info mation p ovision and consultation a e ca ied out in community meetings (Claude 6, A ticle ofDec ee No 8/2005/ND-CP date 4/02/20 on Envi onmental p otection planning, epo ts on st ategic envi onmental assessment (SEA), envi onmental impact assessment (EIA) and envi onmental p otection plan, hich is evised by Dec ee NO 40/20 /ND-CP)

One of the significant b eakth oughs in implementing the openness, t anspa ency and accountability fo envi onmental info mation is Dec ee No 73/20 7/ND-CP date 4/6/20 of the Gove nment on collection, management, exploitation and use of info mation data on natu al esou ces and envi onment Acco dingly, “ he collection, management, exploitation and use of information, data on natural resources and environment are performed according to thefollowingprinciples: (1) Ensure the accuracy, honesty, science, objectiveness and inheritance; (2) Collect and manage all sources of information and data from authorities, organizations and individuals; (3) tore and maintain data soas toensure long-term andconvenientuse; (4) ystematicallyorganizations tofacilitate the exploitation use, increase efficiency and savingfor the entire society, and improve the national competitiveness; (5) Data and information can be published and accessed in accordance with regulations of the Law on Access to Information, excluding information and data of the state secrets and restricted from accessing; (6) Data and information must be timely provided to serve the state management and meet the social-economic development demands as well as ensure national defense and security; (7) Data and information must be usedfor prescribedpurposes with sources of information quoted in accordance with regulations of the laws on protection of state secrets and intellectual property; (8) Exploitation and use ofinformation and data mustfulfillfinancial obligations in accordance with regulations of law” Hie Dec ee also encou ages o ganizations and individuals to invest in acquisition, c eation, p ovision and sha ing of info mation and data on natu al esou ces and envi onment in acco dance ith the la ; and to p ovide and disclose info mation and data on natu al esou ces and envi onment to state agencies, cont ibuting to p otecting national sove eignty and se ving mutual inte ests

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Realizing the o ientation ofthe 20 Constitution on openness and t anspa ency, the 20 La on Access to Info mation focused on openness and t anspa ency of info mation to the people The La egulates on implementation citizens' ights to accessto info mation; p inciples, p ocesses andp ocedu es fo accessingto info mation; esponsibilities and obligations of state agencies in ensu ing the citizens5 ights to access to info mation If the people cannot access to info mation to be disclosed openness is only a p inciple in the Constitution It is necessa y to specify egulations on the types, fo ms and timeline of info mation publishing so that autho ities can implement ithout any confusion and can’t excuse to disclose info mation including envi onmental info mation, unde thei management Info mation to be disclosed has been expanded in all a eas of state management, hich means that the ia s gove ning envi onmental p otection shall be public and t anspa ent ithout any excuse Besides obligations on ensu ing citizens’ ights to access to info mation, the La also egulates esponsibilities of o ganizations and individuals that obst ucting citizens’ ights to class to info mation Acco dingly, the 20 La on Access to Info mation stipulates six fo ms to access to info mation

In gene al, the cu ent la s elated to envi onmental p otection in the Vietnamese legal system egulate sufficiently on openness and t anspa ency of info mation in managing and ope ating thei fields Ho eve , it is necessa y to specify mo e fo ms of openness and t anspa ency as ell as imp ovement of staff, officials comply ith thei assigned ights and esponsibilities, to effectively implement openness and t anspa ency in o de not to make assment and hinde the ights to access info mation and to indi ectly involve in inspections of envi onmental p otection of autho ities and o ganizations

1.2 Descr pt o o f lawso accou tab l ty of t eenvironment

Besides openness and t anspa ency, accountability is impo tant to p omote inspection, supe vision of citizens to public affai s Accountability is fi st defined in the Dec ee No 0/20 3/ND-CP dated August 08, 20 by the Gove nment egulating accountability of autho ities on assigned tasks and po e Thus, accountability is the p ovision and explanation of info mation on tasks, po e and esponsibilities fo implementing ones by autho ities Accountability is esponsibilities of competent autho ities, o ganizations and individuals hich must p ovide and explain fully

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info mation in assigned fields The accountability is egulated in the Dec ee, applied fo all autho ities, o ganizations and individuals in all fields of the state management This is specified in the Dec ee No 0/20 3/ND-CP

Rega ding the envi onment, the state management in the 20 La on Envi onmental P otection is specified in envi onmental p oblems including Envi onmental policies, envi onmental standa ds, envi onmental impact assessments, envi onmental p otection commitments, st ategic envi onmental assessments, conse vation and use of natu al esou ces, envi onmental p otection in p oduction, u ban and esidential a ea, ma ine envi onmental p otection, ate envi onmental p otection, aste management, p evention and esponse to envi onmental incidents, solutions to pollution and envi onmental ecove y; envi onmental taxes and cha ges, envi onmental deposit; settlement of violations and claims in envi onment, compensations fo envi onmental damages The A ticles of 34, 37, 40, , 42, and 43 egulated the state’s esponsibilities fo envi onmental p otection by the Gove nment, Minist ies and ministe ial agencies, Gove nmental agencies, People’s Committees at all levels, specialized agencies and officials in eha ge of envi onmental p otection Regulationsonenvi onmentaimanagementanddelimitationofmanagement autho ity in envi onmental management a e on the basis that accountability belongs to any individual, agency, o ganization hethe the equi ements of accountability is

ithin scope of management by autho ities o not

Fo example, the p ovincial Peoples Committee is esponsible fo envi onmental assessment and epo t Mo eove , the epo ts on envi onment shall be public In case the epo ts a e inco ect about the statistics o content ofenvi onmental epo ts is not the same p ocedu e o de , etc , hen equi ed accountabilityby agencies, o ganizations, individuals, the p ovincial People’s Committee shall analyze the contents unde thei esponsibilities It is not fo any eason that esponsibilities a e t ansfe ed to anothe agencies

2 Law e forceme t o ope ess, tra spare cy a d accou tab l ty

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2.1 Eff c e cy o flaw e forceme t o ope ess,tra spare cy a d accou tab l ty e v ro me tal protect o

2 1 Law enforcement on collection and establishment of database and environmental information

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fo ms; ho eve , mainly envi onmental monito ing Envi onmental monito ing is a systematic monito ing p ocess ofenvi onmental components, impact facto s to p ovide info mation on the status assessment, envi onmental quality and adve se impacts on the envi onment (Clause 20 A ticle of the 20 La on Envi onmental P otection) Envi onmental monito ing has been focused on components and emissions in ate envi onment (including continental su face ate , g ound ate , and sea ate ); envi onment (including indoo and outdoo ); noise, vib ation, adiation, light; Soil envi onment, sediment; adiation; aste ate , exhaust gas, solid aste; haza dous chemicals emitted and accumulated in the envi onment; and biodive sity

The state autho ities and elevant p ivate o ganizations a e esponsible fo implementing envi onmental monito ing as follo s the Minist y ofNatu al Resou ces and Envi onment in cha ge of di ecting, guiding and inspecting envi onmental monito ing activities- nation ide; o ganizing national envi onmental monito ing p og ams; the p ovincial People’s Committees in cha ge of o ganizing envi onmental monito ing p og ams, epo ting on esults to the People’s Assembly at the same level and the Minist y of Natu al Resou ces and Envi onment; Indust ial pa ks, expo t p ocessing zones, hi-tech pa ks, indust ial cluste s, t ade villages, p oduction, business and se vice establishments ca ying out monito ing p og ams on emissions and envi onmental components; and epo ting to the autho ities on envi onmental p otection acco ding to the la s

Envi onmental monito ing must be implemented ith ce tain p og ams and systems National envi onmental monito ing includes envi onmental monito ing p og amsfo inte p ovincial ive sandlakebasins ceyeconomic egions^ ansbounda y envi onment and envi onment in specific a eas P ovincial one includes envi onmental component monito ing p og ams in the a ea; envi onmental monito ing of indust ial pa ks, expo t p ocessing zones, hi-tech pa ks, indust ial cluste s, t ade villages, p oduction, business and se vice establishments in monito ing of emissions and envi onmental components acco ding to the la Envi onmental monito ing system includes national envi onmental monito ing; p ovincial envi onmental monito ing; envi onmental monito ing at p oduction, business, se vice establishments The envi onmental monito ing system must be planned synch onously and cohe ently and c eated a unified and comp ehensive net o k

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Afte envi onmental monito ing, the autho ities and elevant o ganizations must manage monito ing data in acco dance ith egulations The Minist y of National Resou ces and Envi onment has managed data of envi onmental monito ing; established national envi onmental monito ing database and published envi onmental monito ing esults, guided business and suppo ted management technology data fo envi onmental monito ing; the p ovincial People’s Committees have managed thei o n ones; Indust ial pa ks, expo t p ocessing zones, hi-tech pa ks> indust ial cluste s, t ade villages, p oduction, business and se vice establishments have managed them acco ding to the la

Besides envi onmental info mation collection th ough envi onmental monito ing,the autho ities,o ganizations,individualshavealsocollectedenvi onmental info mation th ough sociological investigation, inte vie , su vey on envi onment o claim, denouncement in envi onmental field, etc Ho eve , the info mation is only seconda y and de ived f om envi onmental monito ing esult, accu acy collection and assessment of the info mation f om the collection method a e ve y impo tant fo the eason that these a e a key basis of detection, handle of behavio s violating the la on envi onment and settlement of envi onmental disputes

Afte collecting envi onmental info mation, the autho ities shall establish database ofenvi onmentalinfo mation unde diffe entfo ms Ho eve , the info mation a e mainly catego ized into t o types of national and p ovincial envi onmental status epo t The Minist y of Natu al Resou ces and Envi onment makes a status epo t on National envi onmental eve y yea s; annually thematic epo t on national envi onment is made; the p ovincial People’s Committee makes a status epo t on envi onmental in the a ea eve y yea s; pu suant to p essing p oblems envi onment in the a ea, decision on making envi onmental thematic epo t, Ministe of Natu al Resou ces and Envi onment guides to make a status epo t on envi onment

The status epo t on envi onmental includes: Ove vie ofnatu e, economic, society; envi onmental impacts; Status and development ofenvi onmental components; p essing p oblems on envi onment and causes; Impact of envi onment to economic and society; Implementation of policies, la and activities of envi onmental p otection; Fo ecast of envi onmental challenges; Di ection and methods of envi onmental p otection

Besides the above epo ts, annually Minist y of Natu al Resou ces and Envi onment, the p ovincial Peoples Committee also make the thematic epo t fo

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each envi onmental component such as: the status epo t on ate esou ces, the status epo t on soil esou ces, the status epo t on biodive sity, etc these a e envi onmental info mation database hich is ve y impo tant and is a basis of management and envi onmental p otection

As ell as the autho ities, business o ganizations such as: p o ect Investo s, manage of p oduction a ea, cent alized se vice, etc establish epo ts consisting of envi onmental info mation in thei ope ation such as: Envi onmental impact assessment epo t, epo t on envi onmental incident du ing ope ation, etc These epo ts p ovide impo tant info mation on envi onment so that the autho ities implement solutions to envi onment in business activities, othe ise these a e a basis fo implementing envi onmental p otection by businesses and investo s

2 Openness, transparency and accountability ofenvironmental information Ove the yea s, la enfo cement on openness, t anspa ency and accountability in envi onmental p otection has achieved positive esults; pa ticula ly,

Firstly, legal egulations on openness, t anspa ency and accountability in envi onmental p otection in Vietnam since have been developed in both contents and methods Initially establishing a mechanism fo openness and democ atization in envi onmental p otection While the La on envi onmental p otection in failed to egulate any info mation openness in envi onmental field, the La on envi onmental P otection in 2005 egulated oh esponsibilities fo info mation openness to autho ities in the field Thus, content elated to envi onmental p otection must be published egulating in the A ticle 23, the A ticle » A ticle , A ticle 3, A ticle 04, and A ticle 05 of the La on envi onmental p otection in 2005 Inhe iting egulations on info mation openness in envi onmental p otection, the La on envi onmental p otection in 20 egulated on info mation openness in the A ticle 53, A ticle54, A ticle 60, A ticle 63, A ticle 04, A ticle , A ticle , A ticle 43 Besides inc easing a numbe of A ticles on openness in envi onmental P otection, the La on envi onmental p otection in 20 idened scope, content in this field Mo eove ,

egulations on info mation openness e e stated completely

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includes: ) Openness of the info mation about ive ate and sediment envi onment to the o ganization specializing in the management, ext action and utilization of ive

ate ; 2) Openness of aste discha ges into ive s; 3) openness of elevant info mation about the land envi onment quality; 4) openness of the info mation about ae ial envi onment quality; 5) openness of establishments causing se ious envi onmental pollution; 6) openness of investigation esults of causes, level, scope of envi onmental pollution and damage; 7) openness of epo ts on st ategic envi onmental impact assessment, envi onmental impact assessment and envi onmental p otection plan; 8) Openness info mation about emission sou ces, emissions and t eatment of aste; ) openness info mation about a eas suffe ing f om se ious and pa ticula ly se ious pollution and deg adation, potential envi onmental incident occu ing a eas; 0) Openness of envi onmental epo ts; ) openness of inspection esults of envi onmental p otection; 2) openness of envi onmental p otection of p oduction, business and se vice establishment ith esidential community Besides egulations on openness contents, the La on envi onmental p otection in 20 egulated on methods of openness Although these have not been specified methods of info mation openness, the Clause 2, A ticle of the 20 La on Envi onmental P otection

regulated “ he openness method must ensure conveniencefor information recipients” ĩh ả ỉy y ega ding methods ofopenness, t e La o envi onmental P otection in 20 and 20 La on Info mation Access have comp ehensive cove age of fo ms of openness, t anspa ency; in hich many fo ms a e updated and in acco dance ith t ends in Technology Pa ticula ly, the La on Access to info mation in 20 is egulated in the A ticle 8: “Methods of information openness include Ỉ) osting on the e-portals and websites ofstate agencies; 2) ublishing in the mass media; 3) ublishing on Official azette; 4) osting up at the offices ofstate agencies and otherplaces; 5) hrough citizen receptions, press conferences, press releases and activities of spokespersons of state agencies as prescribed by law; 6) Otherforms convenientfor citizens as decided by agencies responsiblefor disclosure ofinformation”

Finally, although not yet completed, Vietnam has initially built a system of legal documents on t anspa ency and openness in envi onmental p otection The fi st is the La on envi onmental P otection in 20 4, next guideline documents such as the Dec ee No 8/20 5/ND-CP dated Feb ua y 4th, 20 by the Gove nment on planning fo envi onmental p otection, st ategic envi onmental assessment, st ategic envi onmental impact assessment and envi onmental p otection plan egulating

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on info mation openness about envi onmental p otection; besides, the 20 La on Info mation Access mentioned openness info mation elated to envi onmental p otection

2 L m tat o s t e law e forceme t o tra spare cy ope ess a d

accou tab l ty t e e v ro me tal protect o

Although it is assessed that many g eat imp ovements have been achieved in developing legal institutions on openness, t anspa ency and accountability in the envi onmental p otection, the implementation of the p inciples has faced many difficulties and fails to satisfy ith equi ements fo the development, specifically, the la enfo cement on openness, t anspa ency and accountability in handling envi onmental incidents has been summa ized and evie ed in 02 typical cases efe ing to the ma ine envi onment incident caused by aste of Hung Nghiep Fo mosa Company Limited in the Cent al Vietnam in 20 and the explosion at the sto age of p oducts, a m ate ials, chemicals of Rang Dong Light Sou ce & Vacuum Flask Joint Stock Company These typical cases sho that implementation of the p inciples of openness, t anspa ency and accountability has been become inc easingly u gent, equested significant changes in the la enfo cement on openness, t anspa ency and accountability in the envi onmental p otection in Vietnam, The above facts sho ed that the legal egulations on openness, t anspa ency and accountability have been constantly imp oved in ecent yea s, ho eve , du ing emedies of the envi onment incidents in gene al and the necessa y implementation of openness, t anspa ency and accountability in pa ticula , still coped ith many inadequacies

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and Envi onment has implemented the National Database on Natu al Resou ces and Envi onment P o ect (http://n edb ci en vn/) f om 20 to 20 4, but it has been still incomplete up to no The p ovincial People’s Committees have assigned p ovincial Depa tments ofNatu al Resou ces and Envi onment to develop thei o n envi onment databases ith g eat expenses, but not maintained and updated them The efo e, it is necessa y to continue pe fecting envi onment databases to unify the info mation on natu al esou ces and envi onmental secto at the cent al and local level to ensu e the management unifo mity and to enable people to access envi onmental info mation systematically and easily

Seco dly, the La on Envi onmental P otection on info mation t anspa ency openness in the envi onmental p otection p ovided some ove lapped egulations o conflicts and they cause difficulties in implementation and ove lap in autho ities among state management agencies and politicai-socio o ganizations of info mation openness, t anspa ency and accountability Besides, the autho ities lack specific plans on action, analysis coo dination, info mation openness in p ocessing envi onmental info mation (especially envi onmental incidents is happened), leading to info mation distu bance In the envi onmental incident f om the explosion at the sto age of p oducts, a mate ials, chemicals of Rang Dong Light Sou ce & Vacuum Flask Joint Stock Company, total th ee autho ities announced the envi onmental quality afte the incident, but each epo t sho n the diffe ent esult The bounda y bet een safety and dange to the life, health of people become ve y f agile Mo eove , individuals, autho ities, and o ganizations also take advantages of this loophole to cove the violations and efuse to pe fo m thei obligations

hirdly, the e is a lack of effective enfo cement mechanisms fo t anspa ency in the envi onmental p otection and fo ensu ing enfo cement of national la s, inte national commitments and t eaties on the envi onment

Fourt ly, it lacks sanctions fo violations against individuals, autho ities and o ganizations failing to implement openness, t anspa ency and accountability The efo e, it not only limits the effectiveness in the envi onmental p otection, but also

educes the c edibility and dist ust of people in state autho ities In some cases, the p omotion of esponsibility is mo e focused on p oviding info mation fo community benefits The accountability has ust been sho n in the documents, not ealized and the esponsibility of management autho ities as ell as heads of gove nments, secto s, and fields a e unclea

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Fifthly, the communication to mobilize the pa ticipation and cont ibution of all o ganizations and individuals in envi onmental p otection is inadequate Ihe cu ent legal documents on envi onmental p otection seems to be only a matte of the autho ity but not eally become “ esponsibility of the enti e people” In many cases, the pa ticipation of social o ganizations, socio-p ofessional o ganizations, and esea ch institutions in info mation announcing, ecommendations, comments, epo ts, etc has not been focused

ixthly, the e a e no specific sanctions and connection of la s (access to info mation of envi onmental p otection, civil, c iminal, and comme cial matte s) in handling esponsibilities of management autho ities, heads, and spokesman in p oviding, publishing and explaining unt uthful and inaccu ate info mation Even some cases a e dange ous fo the health of the people but still has no sanctions

eventhly, evading la s and t ansfo ming envi onmental info mation into “confidential” info mation to hide envi onmental impacts o cove the eaknesses in the Envi onmental Impact Assessment Repo t, envi onmental p otection plan is still ve y popula In some cases, management autho ities take easons to ensu e investo s’technology sec ets to limit openness and t anspa ency of the Envi onmental Impact Assessment Repo t (although Envi onmental Impact Assessment Repo t, in fact, p ovided only technology diag ams fo expe ts to assess, ithout confidential details to be stolen) Besides, although the e is no official statistics, but in fact f om the La on Envi onmental P otection sho s that the quality of Envi onmental Impact Assessment Repo ts of most p o ects has been ve y poo , fo mulated and even copied f om each othe Typically, a se ies of hit p o ects have been exposed such as Vedan, 6-6A Hyd oelect icity, Bauxite Mining in the Cent al Highlands, Fo mosa, etc Ho eve , no matte ho lo quality, EIA is still app oved by the Boa d of Examine s, then Minist y of Natu al Resou ces and Envi onment o local autho ities The efo e, even ith openness, it ill also lead to the t anspa ency and accountability offalse and inaccu ate info mation

Eighth> the openness, t anspa ency and accountability of envi onmental info mation has been delayed in many cases, leading to info mation distu bances D Nguyen T ang Viet, fo me Manage of Solid Waste Management P ovision, Ho Chi Minh City Depa tment of Natu al Resou ces and Envi onment - U ban via Online People’s Magazine at https://nguoidothi net vn/ bao-cao-danh-gia-tac-dong-moi-t uong-luat-cong-khai-nhung-van-mat- 67 html, visited on Janua y 08th, 20

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and confusion fo people In lack of egula , official and complete info mation, gossip and non-ve ifiable info mation may cause social distu bances, instability, and loss of confidence With many laye s of info mation and popula ity of social net o ks today, it is easy to esult in a lack of official updates

Last but not least, the e is no consistency in legal egulations on openness, t anspa ency and accountability in the envi onment and elevant fields Although the p omulgation of the 20 La on Envi onmental P otection is a significant imp ovement of egulations on openness and t anspa ency in the envi onmental p otection in Vietnam Legally, the 20 La on Envi onmental P otection has not been positioned in the legal system and in connection ith elevant la s including ones on natu al esou ces (Land Code, La on Wate Resou ces, La on Mine als etc ) and othe s (such as Civil Code, La on Ente p ises, etc ) In fact, the implementation of the 20 La on Envi onmental P otection also sho s many conside able ove laps and conflicts bet een it and othe elevant la s (including detailed documents and guidelines) due to the lack of no ms on handling ith such ove laps and conflicts

3 Concl sion

Openness, t anspa ency and accountability of envi onmental info mation a e conside ed as an u gent equi ement to p actice democ acy, ensu e the citizens' ights in pa ticipating in the management of the count y and society Mo eove , it is an effective solution to ensu e the ight to live in a clean envi onment The p inciple of t anspa ency and accountability fo envi onmental info mation is also sustainable development tools* t end and u gent equi ement in the development of socialist legitimate state, of the people, by the people and fo the people

In gene al, the legal system of Openness, t anspa ency and accountability in the envi onment p otection in Vietnam has been fo med, but need to be imp oved to ensu e people’s ight of inspection, supe vision in envi onment p otection The best supe vision is f om the people The efo e, the development of the legal system of openness, t anspa ency and accountability in the envi onment p otection needs to extend the published contents and info mation, esolve ove lapped legal documents, specify the esponsibilities of o ganizations, autho ities, and individuals in case of failing to pe fo m thei esponsibilities and attach sanctions to these violations

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REFERENCES

Legal documents

The Constitution of the Democ atic Republic of Vietnam passed by the National Assembly on Novembe th, 46;

2 The Constitution of the Democ atic Republic of Vietnam passed by the National Assembly on Decembe st, ;

3 TheConstitution ofthe SocialistRepublicofVietnampassedbythe NationalAssembly on Decembe 8th, 80;

4 TheConstitution ofthe SocialistRepublicofVietnampassedbythe NationalAssembly on Ap il 5th, 2;

5 TheConstitution ofthe SocialistRepublicofVietnampassedbythe NationalAssembly on Novembe 28th, 20 3;

6 La on Envi onmental P otection No -L/CTN passed bythe National Assemblyof the Socialist Republic of Vietnam on Decembe 27th, 3;

7 La on Envi onmental P otection No 52/2005/QH passed by the National Assembly ofthe Socialist Republic of Vietnam on Novembe th, 2005;

8 La on Anti-Co uption No 55/2005/QH passed by the National Assembly ofthe Socialist Republic ofVietnam on Novembe th, 2005;

La on Envi onmental P otection No 55/20 4/QH passed by the National Assembly of the Socialist Republic ofVietnam on June 23 d, 20 4;

0 La on Info mation Access No 04/20 6/QH passed by the National Assembly of the Socialist Republic of Vietnam on Ap il 06th, 20 6;

Vietnamese references

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International references

3 United Nations Confe ence on the Human Envi onmen - ƯNCHM ( 72), The Decla ation of the United Nations Confe ence on the Human Envi onment (Stockholm Decla ation), Stockholm, June 6, 72

4 United Nations Confe ence on Envi onment and Development - UNCED ( 2), Rio Decla ation on Envi onment and Development, Rio de Janei o (B azil), 3- June,

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E T MPLEMENTAT ON: PROMOTNG TRANSPAREN Y AND A O NTAB L TY N EXTRA T VE ND STRY NV ETNAM

- uye oe Qua -Duo Va T o}

-ntrod ction

Mining is a complicated indust ial secto that equi es high levels oft anspa ency fo good gove nance The main challenges elated to this secto includes co uption, tax f aud, ineffective evenue management and negative envi onmental and social impacts

Due to the complication of mining indust y secto , among many global initiatives aim to b ing a bette gove nance up-to-date, the Ext active Indust y T anspa ency Initiative (EITI) is conside ed to be the most effective tool The p inciples of EITI a e to disclose elevant info mation du ing the mining chain, including: (i) Licensing, (ii) P oduction data, (iii) State-o ned ente p ises (SOEs), (iv) Ma o evenues, (v) Local evenue, (vi) Revenue management; and (vii) Social impacts

By Decembe 20 8, the e have been 52 count ies implementing EITI al eady, including developed count ies as the UK, u s, No ay and developing count ies as Indonesia, Myanma , Philippines, Nige ia as ell The effectiveness of EITI has also been demonst ated in many count ies Fo example, by implementing this initiative, Nige ia avoided an annual loss of u s $ billion f om the mining secto , hich has been invested on inf ast uctu e, education, ag icultu e

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The epo t “Implementing EI I to reform the mining industry in Vietnam” by Vietnam Mining Coaltion (VMC), PanNatu e and VCCI clea ly p oved that a pa t of Vietnam's la s and elevant documents a e able to meet some of equi ement of EITI implementation on epo ting and info mation t anspa ency - this is conside ed a big advantage fo implementing EITI Ho eve , in compa sion ith the p inciples of EITI, Vietnams policies still lack a monito ing and accountability mechanism, leading to limitations in policies and la s enfo cement in p actice EITI ill complement these gaps and p omote bette policy and la enfo cement

Situation of the mining indust y in Vietnam

Acco ding to geological data, Vietnam has discove ed 5,000 mines and mining sites of 60 diffe ent mine als Ove the past t o decades, the scale of Vietnam mining indust y has g o n apidly Inte national assessments sho s that Vietnam anks seventh in c ude oil exploitation in the Asia-Pacific egion, globally cont ibuting 3% of total tin output and 8% of total cement output in 20 (USGS, 20 4) Due to data of Minist y of Natu al Resou ces and Envi onment (MONRE), in 20 3, Vietnam ext acted 42 million tons ofcoal, million tons ofi on o e, million tons ofAppatite, thousand tons ofManganese and many othe mine als ith la ge output Ho eve , the count y's mining indust y is still facing many challenges elated to envi onmental imp ovement and esto ation; ensu ing social secu ity, as ell as combating the loss of state evenues f om mining activities

Fi stly, licensing is the most impo tant step in the p ocess of mine al esou ces management Licensing is aimed to select a fi m ith app op iate capacity to effectively implement the p o ect The efo e, the licensing p ocess equi es competition and a high deg ee of t anspa ency The Mine al La 20 p ovides types of licensing: auction and non-auction Ho eve , the c ite ia to identify the non-auction a ea as ell as the fo evaluating and selecting app op iate fi m is not clea ly defined In addition, the cu ent policies not equi e disclosu e of the enti e licensing p ocess, no info mation about candidates egiste ed fo licensing o selected licensees eithe As the esult, the level of t anspa ency in the cu ent licensing p ocess is ve y limited, leading to a lack of competition

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