With the role of guiding contents as prescribed by the Law, the Decree No. 08/2022/ ND-CP has been constructed in accordance with the policy that the Prime Minister has directed, which is to reduce pre-inspection, strengthen post-inspection, and create maximum convenience for people and businesses when carrying out administrative procedures on the environment, thoroughly decentralizing the locality. The Decree includes 13 chapters 169 articles and 34 annexes, stipulating many contents on environmental protection, here are some main contents:

1. PROTECTION OF ENVIRONMENTAL COM-PONENTS AND ENVIRONMENTAL PROTECTION OF NATURAL HERITAGE

Environmental protection of water and air: The Decree details a number of main contents, order and procedures for promulgating a plan to manage surface water environment quality for inter-provincial rivers, lakes and intra-provincial rivers and lakes which play an important role in socio-economic development and environmental protection; national and provincial plans on air quality management; responsibility of MONRE and provincial people's committees in formulating, approving and implementing investigation, evaluation, promulgation or submission of these plans. The Decree also specifies the implementation of emergency measures in case the air quality is seriously polluted, the determination of seriously polluted air environment at inter-regional, inter-provincial and provincial levels.

Land environment protection: Decree stipulates responsibilities for land envi-ronment protection of agencies, organi-zations, residential communities, house-holds and individuals using land; areas must be investigated, assessed and classi-fied the quality of the soil environment; the investigation and assessment of poten-tially contaminated areas is carried out at a preliminary level and the polluted areas are detailed; Responsibilities of MONRE, provincial people's committee in handling, improving and restoring land environment in polluted areas by unidentified organizations and individuals who caused pollution infection; responsibilities of or-ganizations and individuals who caused pollution in handling, improving and re-storing the land environment; responsibil-ities of ministries, branches and localities in handling, improving and rehabilitating land environmental pollution areas of par-ticularly serious.

Environmental protection of natural her-itage: The Decree has detailed criteria for two other natural heritage objects, namely biosphere reserves and geoparks (which are natural heritages that have been formed in reality and recognized by international law) associated with a level of positive and meaningful influence on community, local, nation, region and global; detailing the order, procedures and competence to establish and recognize other natural her-itages; order, procedures and competence to nominate for recognition of natural heritage recognized by international or-ganizations; regulate the investigation, as-sessment, management and environmental protection of natural heritage in line with the general policy of the Party, the Govern-ment and the Prime Minister on strengthen the decentralization of management by locality for localities as well as the charac-teristics of natural heritage.

2. ENVIRONMENTAL ZONING, ENVI-RONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL PERMIT, ENVI-RONMENTAL REGISTRATION

Environmental zoning: The Decree stipu-lates that the zoning of the environment into strict protection zones, emission-restricted zones and other zones is carried out accord-ing to the criteria of environmentally sensi-tive factors and vulnerable to environmental pollution with the aim of minimizing the impact of environmental pollution on the life and normal development of humans and organisms; specifying the determination of environmental zoning in the national environmental protection planning, the provincial planning to set forth environmental protection requirements for the regions; stipulates the responsibility of the people's committee of the province to issue the implementation roadmap for establishments, production, business and service areas operating in strict protection zones and defined emission restricted zones in the area should be managed in accordance with environmental protection requirements for each region.

Environmental criteria and classification of investment projects: The Decree details each group of environmental criteria, specifically: Scale of investment projects (approach according to classification criteria of the law on public investment); scale of land use area, land with water surface, use of the project's marine area (approach according to decentralization of management authority of the Law on Resources and Environment of Sea and Islands); scale of exploitation of natural resources (approach according to decentralization of management authority of legislation on water and mineral resources); type of production, business and service of the project (classified into 2 types with and without environmental risks); In particular, each group of types and characteristics of the project has been specified to be associated with each environmentally sensitive element specified at Point c, Clause 1, Article 28 of the LEP. The Decree stipulates a list of types of production, business and services that pose a risk of causing environmental pollution and classified according to 3 capacity levels: large, medium and small in Appendix 2; detailing the list of projects belonging to group I, group II and group III in Appendices 3, 4 and 5 based on a combination of environmental criteria as prescribed by the LEP.

Environmental Impact Assessment (EIA): The Decree specifies the form of consultation on EIA reports through posting on the website of the appraisal agency; detailing the responsibilities of the project owner in the process of project implementation before operation in case of changes compared to the decision approving the appraisal results of the EIA report.

Environmental Permit: The Decree stipulates the main contents of the report proposing the issuance of an envi-ronmental permit for each specific case, including: The investment project has already had a decision approving the appraisal results of the EIA report; investment projects that are not subject to EIA; concentrated establishments, production, business and service zones, and industrial clusters in operation and simplify the dossier of application for environmental permits according to each group of subjects (content of the proposed report of group III project is simpler than the rest of the subjects). For a report on proposal for re-issuance of envi-ronmental permits, it is only required to report changed contents in cases of changes in scale, capacity, technology and changes in waste sources; specifying cases of re-issuance of environmental permits; the adjustment of the environmental permit at the request of the project owner and the adjustment of the environmental permit according to the provisions of Law must be adjusted to ensure transparency and ease of implementation; reduce the time for issuance of environmental permits for cases of issuance of environmental permits according to simple procedures (projects without waste treatment facilities that must be tested for operation; projects that are not in the category of production, business or service with risks of causing environmental pollution to invest in industrial zones and clusters). The reduction of pre-inspection and enhancement of post-inspection are carried out through specific regulations on the establishment of an appraisal council, inspection team, appraisal team or actual inspection organization corresponding to the size and nature of each type of investment project.

Environmental registration: The Decree details the subjects exempt from environmental registration based on the principles specified in the LEP and is in sync with legislation on enterprises.

3. WASTE MANAGEMENT

The Decree stipulates general requirements for pre-vention, reduction, classification, collection, transpor-tation, reuse, recycling and treatment of solid waste to promote the application of circular economy; prevention, reduction, collection, reuse and treatment of wastewater, works, equipment for prevention and response to environmental incidents with respect to wastewater.

The Decree stipulates the roadmap for treatment of domestic solid waste by direct landfill technology; responsibilities of people's committees at all levels in domestic solid waste management; a roadmap to limit the production and import of single-use plastic products, non-bio- degradable plastic packaging and products and goods containing microplastics; stipulating the responsibilities of ministries and branches in promulgating regulations related to the reuse, direct use and treatment of ordinary industrial solid waste; responsibilities of waste source owners, waste collectors and transporters in ordinary in-dustrial solid waste management; specifying the identi-fication, classification, collection, storage, transportation and treatment; responsibilities of waste source owners, waste treatment facility owners...

The Decree also stipulates policies on incentives, supports and encourages the development of public transport, means of transport using renewable energy, low fuel consumption, low emission or no emission as well as the conversion and elimination of vehicles using fossil fuels, vehicles that pollute the environment.

4. RESPONSIBILITIES FOR RECYCLING AND HANDLING DISCARDED PRODUCTS AND PACKAGES OF PRODUCING OR IMPORTING ORGANIZATIONS AND INDIVIDUALS

Recycling responsibilities of manufacturers and importers: The Decree details the objects and roadmap for implementing recycling responsibilities; recycling rate, recycling specifications and financial con-tributions to the Vietnam Environmental Protection Fund (VEPF) (in the absence of self-organizing recycling). Manufacturers and importers who self-organize recycling can choose from three forms (self-implementa-tion, hire or authorization); in the absence of self-organizing recycling, they can choose to declare and pay money to the VEPF to sup-port recycling.

Responsibility to support waste treatment: The Decree details the beneficiaries and levels of contributions for each type of product and packaging containing hazardous substances, which are difficult to collect and recycle, must pay money to the VEPF to support waste treatment; at the same time, clearly stipulate the receipt and use of contributed funds to support waste treatment activities to ensure transparency, right purposes and subjects.

5. ENVIRONMENTAL MONITORING

Decree stipulating conditions for partici-pating in environmental monitoring activities; provide and publicize environmental quality monitoring information and detail regulations on objects, parameters, and frequency of monitoring wastewater and emissions; Technical requirements for environmental monitoring organizations and individuals to provide and disclose information on environ-mental quality. To support businesses to overcome the COVID-19 pandemic, the Decree stipulates to extend the time required to complete the installation of automatic and continuous monitoring systems for all cases until the end of December 31st, 2024. In cases that automatic and continuous monitoring systems have been installed according to regulations, they are exempted from conducting periodic monitoring during this time.

6. SOME ECONOMIC TOOLS IN ENVI-RONMENTAL PROTECTION

The Decree stipulates the areas where the payment is applied, the organizations and in-dividuals providing and receiving payment, the cases in which payment of services is payable or exempted; main contents of the scheme, form and level of service payment; the use and management of payments, rights and obligations of organizations and individ-uals providing and using services, obligations to publicize, inspect and supervise payments for natural ecosystem services.

Regarding incentives and support for en-vironmental protection: The Decree stipu- lates various forms of incentives and support, including support for land, investment capital, taxes, fees and charges; price subsidies, green public procurement; Support to promote environmental protection activities are encouraged.

Circular economy: The Decree stipulates general issues in the implementation of the circular economy, including general criteria for the circular economy, the principles for implementing the circular economy; stipulating the roadmap and responsibilities for implementation of the local economy of Ministries, ministerial-level agencies, provincial-level people's committees, owners of invest-ment project, production, business and service establish-ments; investors, concentrated service businesses, indus-trial clusters; urban areas, concentrated residential areas; prescribe mechanisms to encourage the implementation of the circular economy, including investment measures, support incentives and other incentives directly related to the implementation of the circular economy.

Green credits and green bonds: The Decree stipulates that investment projects in the field of environmental protection and investment projects that bring environmental benefits according to the provisions of the LEP and the Decree may be granted green credits and issued green bonds; The certification of projects falling under this regulation is done at the request of the investor of the investment project, the green bond issuer needs to certify in order to enjoy the state's preferential policies and support on green credit, green bonds according to regulations.

Development of the environmental industry, environmental services: The Decree prescribes the list of technologies, equipment and products of the environmental industry; responsibilities of relevant ministries and branches as well as policies to develop the environmental industry; clarify the object of environmental services, ensure that there is no overlap or interference with the environmen-tal industry, thereby stipulating policies to encourage the development of these services.

Environmentally friendly products and services: Decree stipulates on certification of Vietnamese eco-labels for environmentally friendly products and services and regulations on implementation to promote these products and services.

7. INSPECT, EXAMINE AND PROVIDE ONLINE PUBLIC SERVICES ON ENVIRONMENTAL PRO-TECTION

Inspection and examination of environmental protection: The Decree clearly stipulates specialized inspection activities on environmental protection to suit the char-acteristics of the environmental field, including regular inspection and unscheduled inspection; stipulating cases in which the inspection decision, order, procedures and powers of the head of the unscheduled inspection team without powers of the head of an unscheduled inspection team without prior announcement in order to increase the operational efficiency of the inspection team; detailed regulations on inspection of compliance with the LEP, in which specific provisions on competence, form, order and procedures for conducting inspection; pro-cess inspection results. The Decree also stip-ulates a mechanism for close coordination between MONRE, people's committees at all levels and Environment Police in carrying out inspection and examination on environmental protection, ensuring no overlap nor affect the normal production, business and service activities of organizations and individuals and is coordinated by the state management agency in charge of environmental protection, Environment Police and other relevant agencies.

To promote online public services to meet the provisions of the LEP, the Decree pre-scribes the principles of providing online public services on the environment; building, connecting, integrating, providing online public services on the environment, specifying the responsibilities of several Ministries, branches and localities to ensure the interoperability of online public services on the environment.

Besides the main contents mentioned above, to ensure consistency in the system of legal documents, the Decree stipulates amendments to a number of legal documents on water resources; irrigation; managing sand and gravel in riverbeds and protecting riverbeds and riverbanks; import and dismantle used ships; drainage and wastewater treatment. To stipulate the transitional terms for the application for grant, extension and adjustment of the License to discharge wastewater into water sources; Dossier of application for grant, extension and adjustment of the License to discharge wastewater into irrigation works; application for grant, extension or modifica-tion of the certificate of eligibility for environmental monitoring services; application for appraisal and approval of EIA report, plan for environmental improvement and restoration in mining activities; transitional regulations to handle cases where projects and establishments have come into operation with environmental criteria equivalent to those subject to EIA report or environmental permit issuance but these documents are not available; regulations on handling cases where projects and establishments do not have an environmental protection plan; regulations on extension of component environmental permits for estab-lishments importing scrap for use as raw pro-duction materials and hazardous waste treat-ment facilities.

Full text of DECREE 08/2022/ND-CP