Luật sửa đổi 15 Luật trong lĩnh vực Nông nghiệp và Môi trường 2025

LAW

AMENDMENTS TO CERTAIN ARTICLES OF THE OF 15 LAWS IN AGRICULTURE AND ENVIRONMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly of Vietnam promulgates the Law amending and supplementing a number of articles of 15 laws in agriculture and environment, including the Law on Environmental Protection No. 72/2020/QH14, amended and supplemented by Law No. 11/2022/QH15, Law No. 16/2023/QH15, Law No. 18/2023/QH15, Law No. 47/2024/QH15 and Law No. 54/2024/QH15; Law on Plant Protection and Quarantine No. 41/2013/QH13, amended and supplemented by Law No. 35/2018/QH14; Law on Livestock No. 32/2018/QH14; Law on Biodiversity No. 20/2008/QH12, amended and supplemented by Law No. 35/2018/QH14; Law on Dikes No. 79/2006/QH11, amended and supplemented by Law No. 15/2008/QH12, Law No. 35/2018/QH14, Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No. 47/2024/QH15 and Law No. 84/2025/QH15; Law on Topographic and Cartographic No. 27/2018/QH14, amended and supplemented by Law No. 84/2025/QH15; Law on hydrometeorology No. 90/2015/QH13, amended and supplemented by Law No. 35/2018/QH14 and Law No. 64/2020/QH14; Law on Forestry No. 16/2017/QH14, amended and supplemented by Law No. 16/2023/QH15 and Law No. 31/2024/QH15; Law on Natural Disaster Management No. 33/2013/QH13, amended and supplemented by Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No. 47/2024/QH15 and Law No. 55/2024/QH15; Law on Water Resources No. 28/2023/QH15, amended and supplemented by Law No. 84/2025/QH15 and Law No. 116/2025/QH15; Law on natural resources and environment of sea and island No. 82/2015/QH13, amended and supplemented by Law No. 35/2018/QH14, Law No. 18/2023/QH15 and Law No. 61/2024/QH15; Law on Irrigation No. 08/2017/QH14, amended and supplemented by Law No. 35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 28/2023/QH15 and Law No. 54/2024/QH15; Law on Fisheries No. 18/2017/QH14, amended and supplemented by Law No. 31/2024/QH15 and Law No. 43/2024/QH15; Law on Crop Production No. 31/2018/QH14.

Article 1. Amendments to certain Articles of the Law on Environmental Protection

1. Clause 37 of Article 3 is amended as follows

“37. Concentrated production, business, and service areas include industrial zones, processing zones, centralized digital technology zones, high-tech zones, and industrial production functional areas of economic zones.”

2. Clause 3 of Article 19 is amended as follows:

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a) Investigate, evaluate, identify, and zone areas at risk of soil environmental pollution, areas of soil environmental pollution within their provinces, and determine the responsibilities of organizations and individuals causing pollution;

b) Take remedial measures for areas with soil environmental pollution in cases specified in Clause 3 Article 15 of this Law;

c) Disclose information on areas of soil environmental pollution within their provinces; updating the environmental information system and database as required.”.

3. Point c Clause 1 of Article 28 is amended as follows:

"c) Environmental sensitive factors including high density residential areas; water source used for domestic water supply purposes; natural conservation areas, important wetlands stipulated in laws on biodiversity and fisheries; forest types stipulated in forestry laws; other tangible cultural heritage, natural heritage; relocation and resettlement requirements and other environmental sensitive factors.”.

4. Clause 2 of Article 30 is amended as follows:

“2. Projects specified in Clause 1 of this Article are not subject to environmental impact assessments (EIA) in the following cases:

a) Urgent public investment projects as stipulated in laws on public investment;

b) Investment projects not subject to EIAs as stipulated in laws, resolutions of the National Assembly of Vietnam.”.

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“Article 31. Conducting EIAs

1. The project owner shall organize EIAs. The EIA shall be conducted simultaneously with the preparation of feasibility study reports or equivalents for the investment project, component project, or investment phase of the project. The EIA result shall be made into an environmental impact assessment report (EIAR).

2. Each investment project shall have its EIAR prepared. The Government of Vietnam shall elaborate the implementation of EIAs for component projects or investment phases of the project determined by competent authorities.”.

6. Article 34 is amended as follows:

“Article 34. Appraisal of EIARs

1. The EIAR shall be appraised and approved by the competent authority/person. The competent authority/person appraising the EIAR is the authority/person that has authority to approve the results of EIA.

2. For construction investment projects that are subject to appraisal of feasibility study reports by competent construction authorities or appraisal councils as prescribed by construction laws, the project owner may submit simultaneously the application for EIAR appraisal and the application for appraisal of feasibility study report. The submission time shall be decided by the project owner, provided the decision on EIAR approval is issued before approving the project and investment decision for project construction.

3. The Minister of Agriculture and Environment shall specify applications, time limit, content, and organization of appraisal and approval of results of appraising EIAR.”.

7. Article 35 is amended as follows:

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1. Except for the case specified in Clause 2 of this Article, the Ministry of Agriculture and Environment shall organize the appraisal of EIARs for Group I investment projects as prescribed in Clause 3 Article 28 of this Law; Group II investment projects as prescribed in points c, d, dd, and e Clause 4 Article 28 of this Law, which are located in two or more provincial-level administrative divisions or in sea areas where administrative management responsibility of provincial People’s Committees has not been determined; provided they fall under one of the following cases:

a) Investment projects whose guidelines are decided/approved by the National Assembly or the Prime Minister, except for those located in two or more provincial-level administrative divisions where competent authorities assign one provincial-level People’s Committee as the competent authority in accordance with regulations on public-private partnership (PPP) investments, or where one Chairperson of provincial-level People’s Committee is assigned to make investment decisions in accordance with regulations on public investment, or those that have been divided into component projects implemented in only one provincial-level administrative division;

b) Investment projects that fall under the authority of the Ministry of Agriculture and Environment to issue licenses for mineral extraction, water resource utilization, ocean dumping, and decisions on sea area allocation;

c) Investment projects for infrastructure construction and operation in concentrated production, business, and service areas;

d) Investment projects using large-scale land or water surface areas, excluding hydropower projects, transportation infrastructure projects, power transmission lines or telecommunications infrastructure projects, or projects solely for agricultural plantations such as annual crops, perennial crops, or agricultural seedling production and care;

dd) Investment projects in concentrated production, business, and service areas or industrial clusters established in accordance with the law and falling under any of the following cases: projects providing hazardous waste treatment services; projects using imported scraps as raw materials for production; new investment projects or expansion projects of existing facilities exempted from connection to wastewater systems as prescribed by law, with discharge volumes requiring periodic monitoring or higher.

e) Investment projects located outside concentrated production, business, and service areas or industrial clusters, which are classified as production, business, or services with high potential environmental pollution risks and large production capacities, excluding livestock rising or slaughterhouse businesses.

2. The Ministry of National Defense and the Ministry of Public Security shall organize the appraisal of EIARs for investment projects classified as state secrets in national defense and security, following the procedures prescribed by the Minister of National Defense and the Minister of Public Security.

3. The Chairpersons of provincial-level People’s Committees shall organize the appraisal of EIARs for investment projects within their provinces, except for the investment projects in Clause 1 and Clause 2 of this Article. Ministries and ministerial agencies shall cooperate with Chairpersons of provincial-level People’s Committees in appraising EIARs for investment projects subject to investment guideline and decision by such provincial-level People’s Committees.

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8. Some points of Clause 1 of Article 36 are amended as follows:

a) Point b is amended as follows:

“b) Approve field development plan for oil and gas extraction projects;”;

b) Point d is amended as follows:

“d) Approve projects, investment decisions for construction projects;”;

9. Some Clauses of Article 39 are amended as follows:

a) Clause 1 is amended as follows:

“1. Group I, II and III projects that fall under any of the following cases:

a) Projects discharging wastewater, dusts and exhaust gases into the environment that must be treated before officially being put into operation in accordance with the Government's regulations;

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b) Clause 3 is amended as follows:

“3. Projects specified in Clause 1 of this Article are exempt from the environmental license in the following cases:

a) Urgent public investment projects as stipulated in laws on public investment;

b) Investment projects not subject to environmental license as stipulated in laws, resolutions of the National Assembly of Vietnam.”.

10. Some points of Clause 3 of Article 40 are amended as follows:

a) Point a is amended as follows:

“a) There should be appropriate works and measures for collecting and treating wastewater, dust, and emissions and reducing noise and vibration;”;

b) Point d is amended as follows:

“d) There should be programs for environmental management and supervision, plans to manage and response to environmental incidents; works and facilities for managing and responding to environmental incidents, and environmental monitoring;”.

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“Article 41. Authority to issue environmental licenses

1. The Ministry of Agriculture and Environment shall issue environmental licenses, except as stipulated in Clause 2 of this Article:

a) Projects specified in Article 39 hereof for which the EIAR appraisal result has been approved by the Ministry of Natural Resources and Environment in accordance with article 35 of this Law, except where the EIAR has been approved by the Ministry of Agriculture and Rural Development in accordance with the law before January 1, 2022;

b) Facilities using imported scraps as raw materials for production; or facilities providing hazardous waste treatment services.

2. The Ministry of National Defense and the Ministry of Public Security shall issue environmental licenses for investment projects classified as state secrets in national defense and security, following the procedures prescribed by the Minister of National Defense and the Minister of Public Security.

3. Chairpersons of provincial-level People’s Committees shall issue environmental licenses to entities specified in Article 39 of this Law, except for cases stipulated in Clauses 1 and 2 of this Article.

4. The Government shall specify the authority of Chairpersons of provincial-level People’s Committees to issue environmental licenses for investment projects and facilities located in two or more provincial-level administrative divisions or in sea areas where administrative management responsibility of provincial People’s Committees has not been determined and the cooperation mechanisms with relevant administrative divisions.”.

12. Some points and Clauses of Article 42 are amended as follows:

a) Point a Clause 1 is amended as follows:

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b) Clause 5 is amended as follows:

“5. In case of changes to the name of the investment project, facility, concentrated production, business, and service area or industrial cluster; changes to the project owner or facility; or other changes that do not fall under the cases of adjustment or re-issuance of environmental licenses, the owner of such project/facility shall continue to comply with the environmental license and notify in periodic environmental protection report of the investment project/facility.”.

13. Article 43 is amended as follows:

“Article 43. Appraisal for issuance of environmental licenses

1. Environmental licenses shall be issued based on the appraisal of environmental license application report.

2. Investment projects, facilities, concentrated production, business, and service areas or industrial clusters subject to environmental license requirements that conduct radiation work must comply not only with the provisions of this Law but also with the provisions of the law on atomic.

3. The Minister of Agriculture and Environment shall specify applications, time limit, content, and organization of appraisal for issuance of environmental licenses.”.

14. Some Clauses of Article 49 are amended as follows:

a) Clause 2 is amended as follows:

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a) Investment projects and facilities classified as state secrets in national defense and security;

b) Investment projects when put into operation, businesses, or services that do not that do not generate waste or only generate a small quantity of waste which is treated using in on-site treatment facilities or managed according regulations of local authorities;

c) Investment projects not subject to environmental license application as stipulated in laws, resolutions of the National Assembly of Vietnam.”.

d) Others.”.

b) Clause 8 is amended as follows:

“8. The Government shall elaborate points b and d Clause 2 of this Article.“.

15. Some points and Clauses of Article 51 are amended as follows:

a) Point a Clause 1 is amended as follows:

“a) A rainwater collection and drainage system; centralized wastewater collection, drainage and treatment system ensuring that treated wastewater meets environmental protection requirements. Concentrated production, business, and service areas may share a common centralized wastewater treatment system;”;

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“4a. Concentrated production, business, and service areas that have put into operations before January 1, 2022 and do not have a centralized wastewater treatment system as stipulated in Clause 1 of this Article; and investment projects and secondary facilities operating within those concentrated production, business, and service areas that have wastewater treatment systems meeting environmental protection requirements, are exempt from the requirement to have a centralized wastewater treatment system as decided by the provincial-level People's Committee. Investment projects in concentrated production, business, and service areas stipulated in this Clause must have a wastewater collection, drainage, and treatment system that meets environmental protection requirements as stipulated.”.

16. Some points and Clauses of Article 52 are amended as follows:

a) Clause 1 is amended as follows:

“1. Industrial clusters must have environmental protection infrastructure as prescribed in Clause 1, Article 51 of this Law, except in special cases as prescribed by the Government.”;

b) Point a Clause 2 is amended as follows:

“a) Complete the environmental protection infrastructure works as prescribed in Clause 1 Article 51 of this Law according to the plan and roadmap decided by the Provincial People's Committee;”;

c) Point c Clause 3 is amended as follows:

“c) New projects, projects to expand scale, or projects to upgrade capacity that generate wastewater may only be accepted if the project owner commits to connecting the wastewater to the industrial cluster's centralized wastewater collection, drainage, and treatment system and the centralized wastewater treatment system capable of receiving wastewater upon operation;”;

d) Point b Clause 6 is amended as follows:

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dd) Point d is added after point c Clause 6 as follows:

“d) Invest in construction, management, and operation of environmental protection infrastructure in industrial clusters in cases where there is no investor to build and operate the industrial cluster infrastructure.”.

17. Point b Clause 6 of Article 56 is amended as follows:

“b) Propose the Provincial-level People's Council to allocate budget for environmental protection activities in craft villages;”.

18. Clause 2 of Article 58 is amended as follows:

“2. Responsibility for rural environmental protection:

a) Commune-level People’s Committees shall manage production, business, and service activities to ensure compliance with environmental protection regulations according to the approved planning; organize the statistics and manage the sorting, collection, transport, and treatment of solid waste generated from agricultural, handicraft, and domestic activities within their communes in accordance with waste management regulations; invest in and upgrade drainage and wastewater treatment systems as prescribed by law organize the monitoring and assessment of changes in environmental quality; identify, treat, renovate, restore, and improve environmental quality at polluted sites and areas in rural areas; organize activities to maintain hygiene and improve the rural landscape; specify regulations on self-managed environmental protection in rural areas;

b) Provincial-level People’s Committees shall direct and provide resources for rural environmental protection; direct and organize treatment of waste generated in rural areas; promulgate and provide guidelines for application of policies on provision of incentive and assistance for waste treatment, landscaping and environmental protection in rural areas;

b) The Ministry of Natural Resources and Environment shall provide guidance on implementing requirements and criteria for rural environmental protection, appropriate waste collection and treatment measures, monitoring environmental quality changes, remediation of pollution, and improvement and restoration of rural environmental quality; guidance on the collection and treatment of livestock waste and agricultural by-products for reuse for other purposes; and formulate and organize the implementation of programs, schemes, projects, mechanisms, and policies for rural development associated with environmental protection and climate change adaptation;

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19. b) Clause 4 is added after Clause 3 Article 59 as follows:

“4. Provincial-level People's Committees shall organize and manage public sanitation; specify economic and technical norms for public sanitation; and set prices for public sanitation services in their provinces in accordance with the law on pricing.”.

20. Clause 7 of Article 61 is amended as follows:

“7. Provincial-level People's Committees shall direct and organize the management of sludge dredged from channels and hydraulic structures under their management to meet environmental protection requirements.”.

21. Some Clauses of Article 71 are amended as follows:

a) Clause 1 is amended as follows:

“1. Scrap imported into Vietnam must meet the following requirements:

a) Comply with national technical regulations on environment for scrap imported into Vietnam as production materials;

b) Be included in the List of scrap permitted for import as production materials promulgated by the Prime Minister;

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b) Clause 3 is amended as follows:

“3. The Government shall elaborate this Article.”.

22. Clause 7 of Article 72 is amended as follows:

“7. Provincial People’s Committees shall manage waste within their provinces; promulgate waste management regulations and propose them to the Provincial People's Councils for promulgating incentives and support for waste management in accordance with the law.”.

23. Clause 2 of Article 75 is amended as follows:

“2. Provincial People’s Committees shall classify domestic solid waste specified in Point c Clause 1 of this Article within their provinces under the guidance of the Ministry of Agriculture and Environment; propose the Provincial People's Council to decide on the policy to encourage the hazardous waste sorting within domestic solid waste generated from households and individuals.”.

24. Some Clauses of Article 79 are amended as follows:

a) Clause 5 is amended as follows:

“5. The Minister of Agriculture and Environment shall provide technical guidance on classification of domestic solid waste; and guidance on the implementation of the provisions of Clause 1 of this Article.".

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“7. The province-level People's Committee shall decide on the roadmap for implementation of Clause 1 of this Article and Clause 1 Article 75 of this Law in accordance with actual conditions of the province; specify economic and technical norms for domestic solid waste collection, transportation, and treatment in the province.”.

25. Point c Clause 5 of Article 81 is amended as follows:

“c) Vehicles transporting normal industrial solid waste for treatment shall operate on routes and at times as prescribed by the province-level People's Committee.”.

26. Clause 3 of Article 83 is amended as follows:

“3. Hazardous waste must be contained and transported by appropriate equipment and vehicles to waste treatment facilities. Vehicles transporting hazardous waste for treatment shall operate on routes and at times as prescribed by the province-level People's Committee.”.

27. Clause 3 and Clause 4 of Article 84 are amended as follows:

“3. Investment projects and facilities providing hazardous waste treatment services shall meet the following requirements:

a) Comply with environmental protection planning or planning containing hazardous waste treatment content, except for hazardous waste co-processing facilities or certain types of hazardous waste recycling prescribed by the Government;

b) Ensure environmental safety distances as prescribed;

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d) Pay deposits on environmental protection as prescribed in Article 137 of this Law if the waste landfill is carried out.

4. The Minister of Agriculture and Environment shall issue criteria for hazardous waste treatment technologies.”

28. Point c and point d Clause 5 of Article 86 are amended as follows:

“c) Request the provincial People’s Committee to promulgate roadmaps and support policies for organizations and households in urban areas and high density residential areas to construct works and install on-site wastewater treatment equipment that meet environmental protection requirements before discharging into receiving sources; in case of failure to allocate land funds for concentrated wastewater collection and treatment systems in urban areas or high density residential areas established before January 1, 2022;

d) Submit to the provincial People’s Committee for promulgation of implementation roadmaps and support policies for on-site collection and treatment of domestic wastewater generated from organizations and households in low density residential areas.”.

29. Some points and Clauses of Article 90 are amended as follows:

a) Point b Clause 3 is amended as follows:

“b) Request the Prime Minister to promulgate the National Climate Change Adaptation Plan and perform periodic reviews and updates every 05 years; the national supervision and assessment system for climate change adaptation; criteria for identifying investment projects and climate change adaptation tasks under the approval authority of the Prime Minister;”;

b) Clause 5 is added after Clause 4 as follows:

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30. Point a Clause 1 of Article 111 is amended as follows:

“a) Concentrated areas for production, business operation and service provision and industrial clusters that discharge at least a medium volume of wastewater into the environment;”

31. Clause 2 of Article 125 is amended as follows:

“2. The commune-level civil defense steering committee shall cooperate with the People’s Committee of the commune where the incident occurs to verify and promptly organize response, and report to the Provincial People’s Committee to disclose the environmental emergency or report to the competent authority to organize the response as prescribed in Clause 1 Article 123 of this Law.”.

32. Some Clauses of Article 127 are amended as follows:

a) Clause 2 is amended as follows:

“2. Specialized agencies affiliated to the People’s Committees of provinces and communes, according to their assigned functions and duties, shall advise the People’s Committees and civil defense steering committees at the same level on formulating and issuing environmental emergency response plans; and provide guidelines on preparation and organization of responses within their provinces and communes.”.

b) Clause 4 is amended as follows:

“4. Environmental protection specialized agencies of provinces and communes shall advise the People’s Committees at the same level on performing environmental restoration after an environmental emergency within their provinces and communes.”.

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“1. The Vietnam Environmental Protection Fund and provincial-level environmental protection funds are off-budget state financial funds, established at the central and provincial/centrally-affiliated cities level to provide preferential loans, receive deposits, grants, support, and financial contributions for investment in environmental protection.

The State encourages enterprises, organizations, and individuals to establish environmental protection funds.”.

34. Article 160 is amended as follows:

“Article 160. Specialized environmental inspection, environmental inspection and environmental auditing

1. Responsibility for directing and organizing specialized environmental inspection, environmental inspection:

a) The Minister of Agriculture and Environment shall direct and organize specialized environmental inspection

b) The Minister of National Defense shall direct and organize inspections regarding environmental protection for investment projects and facilities classified as state secrets related to national defense;

c) The Minister of Public Security shall direct and organize environmental inspections for investment projects and facilities classified as state secrets regarding security; and direct the environmental crime prevention and control police to conduct environmental inspections in accordance with the law;

d) The Chairperson of the provincial People’s Committee shall organize specialized environmental inspections within the province; and direct the cooperation in specialized environmental inspections for cases specified in point a of this Clause of this Article or at the request of competent authorities;

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2. The authority, organization, and activities of environmental inspection shall follow the law on inspection, except for ad hoc inspections which may be conducted without prior notice when necessary.

3. Specialized environmental inspections shall comply with law on inspection and the following specific provisions:

a) Ad hoc inspection without prior notice by the state environmental management agencies shall be conducted if there are grounds for presuming that an entity is suspected of violating the law on environmental protection or under decision of the Minister of Agriculture and Environment or the Chairperson of provincial People’s Committee, except for inspections conducted to resolve administrative procedures under this Law;

b) During inspection, if an evaluation of professional or technical content is deemed necessary for conclusion, the head of the specialized inspectorate shall request the decision-maker to solicit a functional organization to perform appraisal, verification, monitoring, measurement, and analysis of environmental samples;

c) The environmental crime prevention and control police forces shall conduct an inspection if an entity is suspected of conducting a criminal activity or violating the law in relation to environmental crimes; upon receiving denunciations, reports of crimes, petitions for prosecution, or information regarding violations against environmental protection laws, and inform the state environmental management agency of the same level for cooperation; cooperate in specialized environmental inspections in other cases for organizations and individuals as per plans approved by the Minister of Agriculture and Environment or the Chairperson of the Provincial People’s Committee. On an annual basis, a written notice of notification of results of environmental protection inspection and imposition of penalties for violations against the law on environmental protection shall be sent to the state environmental management authority of the same level for consolidation and monitoring.

4. Specialized environmental inspections and environmental inspections shall not overlap and not affect production, business operation and service provision by entities; require the cooperation between environmental protection authorities, Environmental Police and other agencies concerned.

5. The State Audit Office of Vietnam shall carry out environmental auditing in accordance with the Law on State Audit Office of Vietnam and other relevant regulations of law

6. The Government shall elaborate on Clauses 2 and 3 of this Article.”.

35. Clause 3 of Article 168 is amended as follows:

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a) Formulate, promulgate or request the competent authority to promulgate legislative documents, plans, programs, schemes, and projects on environmental protection within their communes;

b) Direct, provide guidance on, inspect, and organize the control of sources of pollution; prevent and respond to environmental emergencies within their communes as prescribed by law; organize the management of waste sources within the commune as assigned; be responsible to provincial People’s Committees for environmental pollution occurring within their communes;

c) Receive environmental registrations; organize the monitoring, supervision, warning, and management of environmental quality and waste management within their commune or as assigned by the provincial People’s Committee; perform environmental renovation and restoration; and conserve nature and biodiversity;

d) Inspect and handle violations against environmental protection law within their authority or transfer cases to competent persons for handling in accordance with the law; and resolve complaints, denunciations, and petitions regarding environmental protection;

dd) Communicate and disseminate knowledge and laws on environmental protection; educate and raise awareness and consciousness of environmental protection in the community; and guide local residential communities to include environmental protection content in village codes and conventions and development of new rural areas and courteous families;

e) Organize the collection of environmental information and environmental reports as prescribed by law;

g) Mobilize and utilize resources for environmental protection tasks in accordance with the law; request the People’s Council of the same level or competent authorities for the allocation of funds to perform environmental protection tasks in accordance with the law on the state budget;

h) Perform other environmental protection tasks assigned by the provincial People’s Committee.”.

36. The following clauses, points, and phrases are hereby annulled:

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b) Remove the phrase "replacement" from the title of Article 44; annul clause 1 of Article 48, clause 2 of Article 164, clause 2 of Article 166, point b clause 1 of Article 168;

c) Remove the phrase “inspection” from Clause 13 Article 166.

37. The following phrases are hereby replaced:

a) Replace the phrase “provincial People's Committee and district-level People's Committee” with the phrase “Provincial People's Committee” in Clause 3 Article 45;

b) Replace the phrase “district-level People's Committee, commune-level People's Committee” with the phrase “commune-level People's Committee” in points a and b Clause 2 Article 36; point a Clause 6 Article 52;

c) Replace the phrase “district level, commune level” with the phrase “commune level” in point c Clause 2 Article 122;

d) Replace the phrase “district level” with the phrase “province level” in points a and b Clause 2 Article 131;

dd) Replace the phrase “district level” with the phrase “commune level” in Point l, Clause 3, Article 52; Clause 5, Article 52; Clause 5, Article 56; Point a, Clause 1, Article 118; Points b and c, Clause 1, Article 123; Clause 2, Points b and c, Clause 4 and Point b, Clause 7, Article 124; Clause 1, Points a and b, Clause 4, Article 125; Clause 2, Article 126;

e) Replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clauses 2 and 3 of Article 8; Clause 7 of Article 10; Clause 2 of Article 14; Clause 1 of Article 19; Clause 4 of Article 22; Clause 3 of Article 23; Clause 2 of Article 24; Clause 5 of Article 26; Clause 3 of Article 27; Clause 2 of Article 32; Clause 2 of Article 36; Clause 5 of Article 40; Clause 9 of Article 49; Clause 5 of Article 53; Clause 3 of Article 54; Clause 4 of Article 62; Clause 8 of Article 67; Clause 2 of Article 69; Clause 6 of Article 72; Clause 4 of Article 74; Clause 2 of Article 76; Clause 4 of Article 77; Clause 5 of Article 78; Clause 4 of Article 80; Clause 4 of Article 81; Clause 5 of Article 83; Clause 6 of Article 86; Clauses 3 and 4 of Article 90; Clauses 4, 5, 6, and 7 of Article 91; Clauses 3 and 6 of Article 92; Clauses 2 and 3 of Article 94; Clauses 2 and 3 of Article 95; Clauses 1 and 2 of Article 96; Clauses 2 and 3 of Article 102; Clause 2 of Article 104; Clause 3 of Article 105; Clauses 1 and 6 of Article 109; Point b of Clause 5 and Clause 8 of Article 111; Point b of Clause 5 and Clause 8 of Article 112; Clause 1 of Article 113; Clauses 2 and 3 of Article 114; Clauses 1 and 2 of Article 115; Point b of Clause 2 of Article 116; Clauses 3 and 4 of Article 117; Clauses 1 and 5 of Article 118; Clause 5 of Article 119; Clauses 2, 4, and 5 of Article 120; Point c of Clause 2 and Clause 7 of Article 126; Clause 3 of Article 127; Point d of Clause 2 of Article 131; Clause 3 of Article 136; Clauses 8, 9, and 10 of Article 139; Clause 6 of Article 148; Clause 3 of Article 153; Clauses 2 and 3 of Article 154; Clause 4 of Article 156; Article 166; Clause 3 of Article 167; Point d of Clause 1 of Article 168; and Clause 1 of Article 169;

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h) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 8 Article 65 and Point b Clause 2 Article 102;

a) Replace the phrase “National Environmental Protection Planning” with the phrase “Environmental Protection Planning” in Clause 4 Article 3; Clause 1 Article 9; Clause 1 Article 13; Clause 2 Article 21; Clause 1 Article 22; Article 23; point d Clause 2 Article 27; point a Clause 3 Article 29; point b Clause 1 Article 32; points c and e Clause 1 Article 42;

k) Replace the phrase “Chairperson of the National Committee for Incident and Disaster Response and Search and Rescue” with the phrase “Head of the National Steering Committee for Civil Defense” at point d Clause 4 Article 125.

Article 2. Amendments to certain Articles of the Law on Plant Protection and Quarantine

1. Article 9 is amended as follows:

“Article 9. System of specialized plant protection and quarantine agencies

1. The system of specialized plant protection and quarantine agencies is organized from the central to the provincial level

2. At the commune level, personnel shall be assigned to perform plant protection and quarantine tasks within the commune.”.

2. Clause 5 of Article 13 is amended; Clause 5a is added after Clause 5 of Article 13 as follows:

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5a. Bring soil into Vietnam, except for the import of plants with root balls as prescribed by the Government for scientific research purposes.”.

3. Clause 2 of Article 59 is amended as follows:

“2. The Government shall elaborate conditions, procedures, and authority for granting accreditation for organizations eligible to conduct pesticide testing.”.

4. Clause 3 of Article 61 is amended as follows:

“3. The Government shall elaborate conditions, procedures, and authority for issuance, re-issuance, and revocation of the Certificate of Eligibility for Pesticide Production.”.

5. Clause 2 of Article 63 is amended as follows:

“2. The Government shall elaborate conditions, procedures, and authority for issuance, re-issuance, and revocation of the Certificate of Eligibility for Pesticide Trading.”.

6. Clause 5 of Article 67 is amended as follows:

“5. The Chairperson of the Provincial People’s Committee shall have the authority to grant pesticide import permits.

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7. Clause 3 of Article 75 is amended as follows:

“3. The Minister of Agriculture and Environment shall specify the collection and treatment of used pesticide packaging.”.

8. The following Articles, clauses, points, and phrases are hereby annulled:

a) Annul Article 20; Point d, Clause 1, Clause 2 Article 23; Points b and c, Clause 1 Article 28; Point c, Clause 1 Article 37; Points b and d, Clause 1 Article 38; Points d and e, Clause 2 Article 39; Point b, Clause 1 Article 51; Point c, Clause 2 Article 52; Point a, Clause 1, Point a, Clause 3 Article 53; Points c and d, Clause 1 Article 61; Article 65; Clause 2 Article 66; Point b, Clause 4 Article 67; Clause 4 Article 75;

b) Remove the phrase "Inspection," in point m Clause 2 Article 7; remove the phrase "preside over and cooperate with Ministry of Agriculture and Rural Development” in point d Clause 3 Article 7;

c) Remove the phrase “People's Committee of districts, district-level towns, and provincial cities
(hereinafter referred to as " district-level People’s Committee") at the opening paragraph of Clause 1 Article 8;

d) Remove the phrase "at district level," from the opening of Clause 3 Article 18;

dd) Remove the phrase “good health is obligatory as stipulated by laws;” in point a Clause 2 Article 37; remove the phrase “and issuance of the practicing certificate; good health is obligatory as stipulated by laws” in point b Clause 2 Article 37;

e) Remove the phrase “, Health certificate” at point d Clause 1 Article 38; remove the phrase “, except in cases of loss” at point b Clause 2 Article 39, point c Clause 2 Article 53, point b Clause 2 Article 57;

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h) Remove the phrase “lost”, “damaged” at point a Clause 1 Article 39, Clause 1 Article 57;

i) Remove the phrase “owner of drug business establishment and” at point c Clause 1 Article 63; remove the phrase “for holder of practicing card of plant quarantine article treatment or” at point e Clause 2 of Article 64.

9. The following phrases are hereby replaced:

a) Replace the phrase “district” with the phrase “commune” at point dd Clause 1 Article 8; replace the phrase “commune-level town” with the phrase “special zone” at Clause 2 Article 8;

b) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Government” in Clause 3 Article 37;

c) Replace the phrase “06 months” with the phrase “04 months” at point b Clause 2 Article 51; replace the phrase “15 days” with the phrase “10 days” at the point b Clause 3 Article 52;

d) Replace the phrase “30 days” with the phrase “27 days" at point b Clause 2 Article 56;

dd) Replace the phrase “10 days” with the phrase “05 days" at point b Clause 3 Article 57;

e) Replace the phrases “Ministry of Agriculture and Rural Development” and “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” at point a, clause 3, Article 6; clauses 2 and 3, Article 7; clause 2, Article 17; clause 1, points e and g, clause 2, Article 18; clauses 1 and 2, Article 25; clause 4, Article 27; clauses 2 and 3, Article 29; clause 4, Article 30; clause 3, Article 33; clause 5, Article 34; clause 6, Article 43; clause 2, Article 46; clause 2, Article 48; clause 3, Article 49; point b, clause 2, Article 51; clause 3, Article 55; point c, clause 1, Article 58; point d, clause 2, Article 67; clause 5, Article 69; clause 3, Article 71; point d, clause 2, Article 72; clause 3, Article 73;

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Article 3. Amendments to certain Articles of the Law on Animal Husbandry

1. Clause 4 of Article 11 is amended as follows:

“4. The Minister of Agriculture and Environment shall stipulate the update, use and management of the national database on animal husbandry, stipulate the identification numbers for livestock production establishments and the traceability of livestock products.”.

2. Clause 4 of Article 14 is amended as follows:

“4. The Ministry of Agriculture and Environment shall lead and cooperate with the Ministry of Science and Technology and relevant Ministries and ministerial-level authorities to submit to the Government regulations on the collection, conservation, exploitation, and development of livestock genetic resources under the management of the agriculture and environment.”.

3. Some Clauses of Article 15 are amended as follows:

a) Clause 2 is amended as follows:

“2. The international exchange of livestock genetic resources listed in the List of livestock breeds prohibited from export for scientific research, exhibition, or advertisement purposes must be approved by the Minister of Agriculture and Environment.

The exchange of rare and precious Vietnamese livestock genetic resources to the third party shall be approved by the Minister of Agriculture and Environment.”.

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“6. The Minister of Agriculture and Environment shall stipulate the procedures for approving the international exchange of livestock genetic resources listed in the List of livestock breeds prohibited from export for scientific research, exhibition, or advertisement purposes; procedures and approval for exchange of rare and precious Vietnamese livestock genetic resources to the third party.”.

4. Clause 4 of Article 20 is amended as follows:

“4. The Minister of Agriculture and Environment shall stipulate the procedures for importing breeding male breeders, sperms and embryos of cattle.”.

5. Clause 2 of Article 21 is amended as follows:

“2. Export or international exchange of livestock breeds and products listed in the List of livestock breeds prohibited from export for scientific research, exhibition, or advertisement purposes must be approved by the Minister of Agriculture and Environment.

The Minister of Agriculture and Environment shall stipulate procedures for approving export or international exchange of livestock breeds and products listed in the List of livestock breeds prohibited from export for scientific research, exhibition, or advertisement purposes.”.

6. Clause 3 and Clause 4 of Article 26 are amended as follows:

“3. Organizations and individuals applying for recognition of new livestock breeds or lines shall have their breeds or lines tested by the facility eligible for livestock breed and line testing.

4. The Minister of Agriculture and Environment shall issue national technical regulations on livestock breed and line testing.”.

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“1. Conditions specified in points a, dd, and e Clause 1 Article 55 of this laws”.

8. Article 30 is amended as follows:

"Article 30. Recognition of new livestock breeds and lines

1. The recognition of new livestock breeds and lines must be based on the testing results of from scientific and technological tasks of ministerial or national level that have been recognized or permitted by competent authorities.

2. Organizations and individuals that wish to have their new livestock lines or breeds recognized shall follow the procedures for recognition as prescribed by the Minister of Agriculture and Environment.”.

9. Article 33 is amended as follows:

“Article 33. Declaration, re-declaration, and change of information regarding complete feeds, concentrated feeds, and feed additives

1. Declaration of animal feed product information:

a) For complete feed and concentrated feed products, the producing or trading organizations/individuals shall self-declare information on the web portal of the Ministry of Agriculture and Environment;

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The circulation period for feed additive products is 05 years from the date the product information is declared.

2. Re-declaration of feed additive product information:

Within 06 months prior to the expiration of the circulation period, organizations or individuals may perform re-declaration of information on the web portal of the Ministry of Agriculture and Environment.

3. Changes in animal feed product information:

a) Changes in information about compound feed and concentrated feed:

In case of changes in the manufacturing facility address or product quality, the organization/individual shall re-declare product information on the web portal of the Ministry of Agriculture and Environment as per regulations on declaration of compound feed and concentrated feed information. For other information changes, the organization/individual shall update the information on the web portal of the Ministry of Agriculture and Environment.

b) Changes in feed additive product information:

For changes regarding the name, address, phone number, fax, or email of the registered entity, or product packaging specifications, the organization/individual shall update the information on the web portal of the Ministry of Agriculture and Environment.

For changes regarding the manufacturer’s name, manufacturing facility address, product name, applied standard code, product form/color, instructions for use, expiration date, or raw material composition (provided the composition change does not alter the nature, utility, quality, or safety indicators that have been declared), the entity shall apply for a change of information on the web portal of the Ministry of Agriculture and Environment.

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10. Clause 1 of Article 36 is amended as follows:

“1. The Ministry of Agriculture and Environment shall disclose and publish the list of traditional feed products and single ingredients on its web portal.”.

11. Clause 4 of Article 37 is amended as follows:

“4. The Minister of Agriculture and Environment shall issue the list of chemicals, biological products, and microorganisms prohibited from use in animal feeds and the list of ingredients permitted for use as animal feeds; promulgate national technical regulations on animal feed testing.”.

12. Some points and Clauses of Article 39 are amended as follows:

a) Clause 1 is amended as follows:

“1. The Chairperson of the Provincial People’s Committee shall issue, re-issue, and revoke the certificate of eligibility for animal feed production for facilities within the province. In the case where the importing country has different requirements, the authority to issue, re-issue, and revoke the certificate of eligibility for animal feed production shall comply with the Government’s regulations

b) Point d and point dd are added after point c Clause 3 as follows:

“d) The production facility fails to fulfill requirements for monitoring the maintenance of production conditions by the issuing authority;

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c) Clause 4 is amended as follows:

“4. The Government shall stipulate the procedures for the issuance, re-issuance, and revocation of the Certificate of eligibility for animal feed production.”.

13. Clause 3 of Article 41 is amended as follows:

“3. Organizations and individuals shall only import animal feed for which information has been declared on the web portal of the Ministry of Agriculture and Environment.

For animal feed that has not been declared but is imported for introduction at fairs, exhibitions, adaptation rearing, research, testing, laboratory sampling, or for production/processing for export, a permit must be granted by the Chairperson of the Provincial People’s Committee.”.

14. Point c Clause 2 of Article 48 is amended as follows:

“c) Use only animal feed products and ingredients that ensure product quality and comply with the law on husbandry;”.

15. Clause 4 and Clause 5 of Article 53 are amended as follows:

“4. The Minister of Agriculture and Environment shall, based on socio-economic conditions, husbandry development strategies, husbandry technology, and the ecological environment, stipulate the livestock density for each region.

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16. Clause 2 of Article 68 is amended as follows:

“2. The Minister of Agriculture and Environment shall issue the list of other animals permitted for husbandry; regulations on raising other animals the list of other animals permitted for husbandry.”.

17. Some points and Clauses of Article 80 are amended as follows:

a) Point h Clause 1 is amended as follows:

“h) Submit to the Provincial People’s Council for decision on the areas where husbandry is prohibited, the zones for swiftlet raising, and support policies for relocation of husbandry facilities out of prohibited areas.”;

b) Points d, dd, and e are added after point c Clause 3 as follows:

“d) Allocate or lease land and create land funds within their authority for development of husbandry and cultivation of crops for animal feed ingredients;

dd) Organize the management and development of husbandry within the provinces; statistics, assessment, and support for damages caused by natural disasters or epidemics;

e) Inspect, resolve complaints and denunciations, and handle violations of husbandry laws within the province according to their authority.

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a) Annul Clause 4 Article 15; Article 16; point d clause 2 Article 22; point a clause 3 and point c clause 4 Article 23; clauses 1 and 5 Article 32; Articles 34 and 35; point a clause 3 Article 37; point k clause 1 Article 38; points b and c clause 1 Article 55; clause 4 Article 59; clause 2 Article 61; points b, d and e clause 1 Article 63; clause 2 Article 80;

b) Remove the phrase “commune-level town" at point b Clause 2 Article 4; Clause 1 Article 12;

c) Remove the phrase “inspection” from point h Clause 2 Article 79.

d) Remove the phrase “and conformity declaration (if any)” at point a Clause 2, point a Clause 5 Article 43; remove the phrase "conformity declaration” at point dd Clause 2 Article 48; remove the phrase "and conformity declaration” at point a Clause 1 Article 62.

19. The following phrases are hereby replaced:

a) Replace the phrase “commune-level towns and residential zones” with the phrase “communes, wards, special zones, and residential communities” at point b Clause 2 Article 4 and Clause 1 Article 12;

b) Replace the phrase “the Government” with the phrase “Minister of Agriculture and Environment" at Clause 3 Article 19 and Clause 2 Article 52; replace the phrase “agriculture and rural development” with the phrase “agriculture and environment” in Clause 1 Article 5;

e) Replace the phrases “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 3 Article 5; Clause 2 Article 6; Clause 3 Article 8; Clause 1 Article 15; Clause 2 Article 20; Point a Clause 2 Article 23; Clause 3 Article 24; Clause 3 Article 28; Clause 4 Article 32; Clause 2 Article 36; Clause 4 Article 41; Clauses 1, 2 and 3 Article 44; Clause 2 Article 46; Clause 2 Article 47; Point d Clause 2 Article 48; Point g Clause 2 Article 49; Clause 2 Article 54; Clause 3 Article 55; Point c Clause 1 Article 62; Clause 3 Article 65; Article 76; Clause 3 Article 78; Clauses 2 and 3 Article 79.

Article 4. Amendments to certain Articles of the Law on Biodiversity

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a) Clause 27 is amended as follows:

“27. Genetically modified organism refers to an organism whose genetic material has been altered through gene technology and contains new genetic material originating from another species or from synthetic origin that is not similar in composition and structure to the genes of that species.”;

b) Clause 32 is added after Clause 31 as follows:

“32. Gene-edited organism refers to an organism genetic material has been altered through gene technology and does not contain new genetic material originating from another species or from synthetic origin that is not similar in composition and structure to the genes of that species.”;

2. Clause 7 of Article 7 is amended as follows:

“7. Importing and developing invasive alien species, except for imports intended for scientific research purposes in accordance with the law.”.

3. Article 10 is amended as follows:

“Article 10. Biodiversity conservation planning

The content, authority, procedures for formulation, appraisal, approval, announcement, and adjustment of biodiversity conservation planning shall comply with the law on planning.”.

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“c) Organize the appraisal of projects for the establishment of national-level conservation areas and submit it to competent authorities for decision.”.

5. Clause 1 of Article 23 is amended as follows:

“1. The Minister of Agriculture and Environment shall decide on the establishment of national-level conservation areas located within the territory of multiple provinces or central-affiliated cities. The Chairperson of the Provincial People’s Committee shall decide on the establishment of national-level conservation areas whose entire area is within their province.”.

6. Clause 2 of Article 27 is amended as follows:

 “2. Management regulations for conservation areas

a) The Minister of Agriculture and Environment shall prescribe the contents of the management regulations for conservation areas;

b) The person having authority to establish a conservation area shall issue the management regulations for conservation areas under their jurisdiction.”.

7. Clause 2 of Article 32 is amended as follows:

“2. Buffer zone management shall be specified in management regulations for conservation areas.”.

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“1. The Ministry of Agriculture and Environment shall organize an appraisal council for applications requesting inclusion in or removal from the List of endangered precious and rare species prioritized for protection.”.

9. Clause 1 of Article 40 is amended as follows:

“1. The Ministry of Agriculture and Environment shall decide on species to be included in or removed from the List of endangered precious and rare species prioritized for protection.”.

10. Clause 4 of Article 41 is amended as follows:

“4. The Minister of Agriculture and Environment shall elaborate this Article.”.

11. Clause 5 of Article 42 is amended as follows:

“5. The Minister of Agriculture and Environment shall elaborate this Article.”.

12. Clause 4 of Article 47 is amended as follows:

“4. The Minister of Agriculture and Environment shall elaborate this Article.”.

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“Article 57. Access to genetic resources

1. Entities required to apply for a license to access genetic resources:

a) Foreign organizations or individuals accessing Vietnam’s genetic resources;

b) Domestic organizations or individuals accessing genetic resources for commercial purposes;

c) Domestic organizations or individuals taking genetic resources abroad for study or non-commercial research purposes.

2. Cases where a license to access genetic resources shall not be granted:

a) Genetic resources of species on the lists prohibited from export as prescribed;

b) The use of genetic resources poses a risk of harm to human health, the environment, security, national defense, or national interests.

3. The Government shall provide regulations on access to genetic resources.”.

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a) The title is amended as follows:

“Article 65. Management of genetically modified organisms, genetic specimens of genetically modified organisms and gene-edited organisms”;

b) Clause 2 is amended as follows:

“2. The Government shall elaborate the identification and management of genetically modified organisms, genetic specimens of genetically modified organisms, and gene-edited organisms.”.

15. Point a Clause 3 of Article 73 is amended as follows:

“a) Perform basis surveys, inventory, monitoring, statistics, and management of information and data on biodiversity; establish biodiversity databases; control and eradicate invasive alien species; rescue and release species on the List of endangered precious and rare species prioritized for protection;”.

16. The following clauses, points, and phrases are hereby annulled:

a) Annul Article 8; Article 11; clause 1 Article 50; Article 52; Article 58; Article 59; Point a and Point dd, Clause 2, Article 73;

b) Remove the phrase “Section 1. NATIONAL MASTER PLAN ON BIODIVERSITY CONSERVATION” in Chapter II;

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17. The following phrases are hereby replaced:

a) Replace the phrase “the Government” with the phrase “the Minister of Agriculture and Environment” in Clause 2, Article 37; Clause 2, Article 39; Article 46; Clause 3, Article 63; Clause 2, Article 67;

b) Replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 2, Article 6; Clause 1, Article 63; Clauses 1 and 2, Article 68; Clause 3, Article 69; Clauses 4 and 5, Article 71; Clause 3, Article 72;

c) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 1, Article 48; Clause 1, Article 49;

d) Replace the phrase “The Ministry of Agriculture and Rural Development shall lead and cooperate with the Ministry of Natural Resources and Environment” with the phrase “The Ministry of Agriculture and Environment” in Clause 2 Article 44;

dd) Replace the phrase “The Ministry of Agriculture and Rural Development shall lead and cooperate with the Ministry of Natural Resources and Environment” with the phrase “The Ministry of Agriculture and Rural Development shall lead and cooperate with” in Clause 3 Article 50;

c) Replace the phrase “Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 2, Article 50; Clause 1, Article 54;

g) Replace the phrase “natural resources and environment” with the phrase “agriculture and environment” in Clause 2 Article 62;

h) Replace the phrase “Provincial People's Committee” with the phrase “Chairperson of provincial People's Committee” in Clause 1, Article 24; Clause 4, Article 42.

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1. Clause 16 of Article 3 is amended as follows:

“16. Special works refer to works relevant to dike safety, including: national defense and security works, traffic, irrigation, and underground works for socio-economic development, groundwater extraction well systems; dike-crossing border gates, pumping stations, ship locks; electricity poles, telecommunication cable poles, hydrometeorological stations; historical-cultural relics, ancient quarters, ancient villages; residential clusters and lines in flood-prone residential areas and on river islands.”.

2. The title of Section 1 of Chapter II is amended as follows:

“Section 1

PLANNING FOR DIKES AND FLOOD CONTROL FOR RIVER ROUTES WITH DIKES”.

3. Articles 8, 9, 10, and 11 are amended as follows:

“Article 8. Principles and grounds for formulating planning for dikes and flood control for river routes with dikes

1. The formulation of planning for dikes and flood control for river routes with dikes shall comply with basic principles of planning activities as prescribed by the law on planning and the following principles:

a) Compliance with the national planning; national defense and security objectives; the national strategy for natural disaster management; planning for water resources, irrigation, and natural disaster management; regional planning; ensuring the uniformity within the dike system;

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c) Ensure the suitability for each region and area across the country; inherit the previous dike planning and flood control for river routes with dikes;

d) Sea dikes shall ensure resistance to storms and sea-level rise according to technical regulations on sea dike design, and shall include areas for planting wave-break forest;

dd) River dikes shall ensure safety corresponding to the design flood water level and have solutions to ensure dike safety when historical floods occur; local authorities within the same basin shall cooperate to ensure no adverse impact on the dike planning and flood control of the river route and the entire river system;

e) The raising of existing sub-dikes and construction of new sub-dikes are prohibited; proactive solutions to let water into the sub-dikes must be prepared in case of Alarm Level II floods or higher..

2. The basis of formulation of planning for dikes and flood control for river routes with dikes includes:

a) Long-term flood forecasts;

b) Natural, socio-economic conditions and requirements to ensure national defense and security;

c) Current conditions of the dike system;

d) National strategy for natural disaster management;

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e) Implementation of the dike planning and flood control for river routes with dikes in the previous period, and the forecasted demand for construction, repair, upgrading, and solidification of dikes.

Article 9. Contents of planning for dikes and flood control for river routes with dikes

Dike planning and flood control for river routes with dikes is a detailed nationwide planning, including:

1. Determine the orientation, objectives, and guaranteed level of flood control for the river dike system for which the planning is formulated and implemented;

2. Determine the design floods for river routes, including design flood discharge and design flood water levels for each planning period; determine alarm flood levels for dike safety assurance;

3. Determine the mandates of dike routes;

4. Determine technical specifications of dike routes;

5. Determine technical solutions for the planning; analyze and assess the role of each solution, including:

a) Construct upstream reservoirs;

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c) Construct and renovate dikes;

d) Determine locations of dike routes; locations and scales of key infrastructures along dike routes;

dd) Determine floodways, retarding basins, and the capacity for flood diversion into other rivers; determine the operational sequence of floodways and retarding basins;

e) Remove obstructions;

g) Organize dike management and dike safety assurance;

6. Determine land area allocated for the construction, renovation, upgrading, and reinforcement of dikes;

7. Forecast environmental impacts on planning implementation and propose measures to mitigate adverse environmental effects;

8. Arrange solutions for organizing the planning implementation in order of priority for each period;

9. Estimate priority items for implementation and resources for execution.

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1. Planning for dikes and flood control for river routes with dikes shall be reviewed upon major fluctuations caused by natural disasters, changes in the national master plan, objectives of defense and security, national strategy on natural disaster management, planning for water resources, irrigation and natural disaster management, and relevant regional planning.

2. Adjustment of planning for dikes and flood control for river routes with dikes shall be conducted in accordance with principles and provisions in Article 8 of this Law.

Article 11. Responsibilities and authority to organize the formulation, approval, and adjustment of planning for dikes and flood control for river routes with dikes

1. The Ministry of Agriculture and Environment shall organize the formulation and adjustment of planning for dikes and flood control for river routes nationwide.

2. The Minister of Agriculture and Environment shall approve the planning and adjustments to the planning for dikes and flood control for river routes with dikes.

3. The Government shall elaborate the formulation, appraisal, approval, and adjustment of planning for dikes and flood control for river routes with dikes.”.

4. Clause 13 is amended and supplemented as follows:

Article 13. Promulgation and implementation of planning for dikes and flood control for river routes with dikes

1. Within 15 days from the date of approving the planning or adjusted planning for dikes and flood control for river routes with dikes, the Ministry of Agriculture and Environment shall organize the promulgation of such planning. The forms of promulgation shall comply with the law on planning.

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a) The Ministry of Agriculture and Environment shall lead and cooperate with Ministries, ministerial-level agencies, and provincial-level People's Committees to organize the implementation of the planning for dikes and flood control for river routes with dikes;

b) Provincial-level People's Committees shall organize the formulation and review of flood control plans for river routes with dikes and development plans for dike systems under their management within the provincial planning in accordance with the law on planning; direct the placement of boundary markers for constructing and protecting dikes;

c) Based on the approved planning for dikes and flood control for river routes with dikes, relevant Ministries, ministerial-level agencies, and provincial-level People's Committees shall direct and cooperate to implement such planning.”.

5. Clause 1 Article 22 is amended and supplemented as follows:

“1. Investment in the construction, renovation, upgrading, and reinforcement of dikes shall comply with the approved planning for dikes and flood control for river routes with dikes (if any) and laws on investment and construction.”.

6. Clause 2 Article 23 is amended and supplemented as follows:

“2. Dike protection corridors are as follows:

a) For special grade, grade I, grade II, and grade III dikes passing through residential, urban, and tourist areas, the corridor is 5 meters from the dike foot outwards to the field and the river/sea side; for other dikes, the corridor is 25 meters from the dike foot outwards to the field, 20 meters from the dike foot outwards to the river/estuary dike, and 200 meters from the dike foot outwards to the sea dike;

b) For grade IV and grade V dikes, the corridor shall be prescribed by the provincial-level People's Committee, provided it is at least 5 meters from the dike foot outwards to the field and the river/sea side.”.

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2. Construction is permitted for national defense and security works, transport works, irrigation works, underground works for socio-economic development, groundwater extraction well systems, pumping stations, ship locks, electric poles, telecommunication cable poles, and hydrometeorological stations.

3. Construction is permitted for works under investment projects on flood discharge and dike safety assurance approved by the Chairperson of the provincial-level People's Committee.

Permitted works must meet the following conditions:

a) It is located outside the dike protection perimeter;

b) It is consistent with the approved water resources planning, irrigation and natural disaster management planning, dike planning, provincial planning, land use planning, and urban/rural planning;

c) Construction must not reduce the design flood discharge or increase the design flood water level beyond the permitted limits; it must not affect the flow of adjacent, upstream, or downstream areas;

d) It complies with technical standards for dikes.

4. Provincial-level People's Committees shall direct the formulation of investment projects; solicit opinions from the Ministry of Agriculture and Environment regarding flood discharge and dike safety for investment and construction projects as prescribed in Clause 3 of this Article before the Chairperson of the provincial People's Committee approves the flood control and dike safety aspects.”.

8. Certain clauses and points of Article 27 are amended and supplemented as follows:

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“1. Based on approved planning for water resources, irrigation and natural disaster management, planning for dike and flood control for river routes with dikes, and provincial planning approved by competent authorities, the Provincial People's Committee shall organize the preparation and adjustment of land use plans and planning in accordance with laws on urban and rural planning relevant to the dike protection corridors and river terraces, bars, or islets, to submit to competent authorities for approval, or approve according to their competence.”;

b) Point c Clause 2 is amended and supplemented as follows:

“c) Existing works and houses consistent with the planning may be repaired, renovated, upgraded, or constructed. Interspersed land areas between existing works and houses in river terrace areas, bars, or islets shall be considered for use provided they meet the requirements for flood control and dike safety.”;

c) Clause 5 is amended and supplemented as follows:

“5. The Government shall elaborate Clause 2 and Clause 4 of this Article.“.

9. Certain clauses and points of Clause 2 Article 35 are amended and supplemented as follows:

a) Point c is amended and supplemented as follows:

“c) The Chairperson of the provincial-level People's Committee and the head of commune-level Civil Defense Committee have the power to promptly mobilize local forces, supplies, and means from organizations and individuals within the commune for rescue, dike safety, and handling of dike incidents from the first hour; in ultra vires cases, they shall report to the Chairperson of the Provincial People's Committee for a mobilization decision;”;

b) Point dd is amended and supplemented as follows:

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10. Clause 2 Article 36 is amended and supplemented as follows:

“2. The Ministry of Agriculture and Environment shall be accountable to the Government for directing dike safety assurance and hydrometeorological forecasts.”.

11. Clause 3 Article 37 is amended and supplemented as follows:

“3. The People's Dike Management Force shall be established by the provincial-level People's Committee, not on the state payroll, and organized by each dike-side commune, ward, or special zone and managed directly by the commune-level People's Committee. The organizational structure, funding sources, and remuneration policies for the People's Dike Management Force shall be prescribed by the provincial-level People's Committee in accordance with the guidelines on organizational structure of the Ministry of Agriculture and Environment and guidelines on funding and remuneration of the Ministry of Finance.”.

12. Clause 42 is amended and supplemented as follows:

“Article 42. State management responsibilities for dikes of the Government, Ministries, and ministerial-level agencies

1. The Government shall perform uniform state management of dikes.

2. The Ministry of Agriculture and Environment shall be accountable to the Government for performing state management of dikes and has the following duties and powers:

a) Lead and cooperate with Ministries, ministerial-level agencies, and provincial-level People’s Committees in formulating and implementing planning on water resources, irrigation and natural disaster management; dikes and flood control for river routes with dikes; plans for investment, construction, renovation, upgrading, reinforcement, protection, and use of dikes and dike safety assurance;

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c) Organize hydrometeorological forecasts; direct and guide the formulation of land-use planning for dike protection corridors, embankments, culverts through dikes, and river terraces in accordance with this Law, laws on planning, and land laws;

d) Consolidate and manage data and information on dikes nationwide; organize scientific research and technological development for dike construction and protection;

dd) Decide or propose the Prime Minister to decide on the mobilization of forces, materials, and equipment/devices to ensure dike safety and recover from the consequences of floods, typhoons, and other natural disasters on dikes;

e) Formulate and develop international cooperation in the field of dikes;

g) Direct and guide provincial-level People's Committees to establish the People's Dike Management Forces

h) Lead and cooperate with Ministries and ministerial-level agencies, direct local authorities to propagate, disseminate, and educate on the law on dikes

i) Organize inspections of the implementation of the law on dikes and handling violations thereof; lead and cooperate with Ministries and ministerial-level agencies to guide and inspect the extraction of sand, stones, and gravel in rivers; direct provincial-level People's Committees to prevent illegal mineral extraction that compromises dike safety;

k) Resolve complaints and denunciations against violations of the law on dikes in accordance with the laws on complaints and denunciations.

3. The Ministry of Industry and Trade shall lead and cooperate with relevant Ministries, ministerial-level agencies and provincial-level People's Committees to direct the formulation and implementation of safety plans for hydroelectric works; direct the operation of hydroelectric reservoirs in accordance with national technical regulations on reservoir operations.

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a) Formulate planning on waterway infrastructure and bridges over rivers to ensure flood discharge capacity, works serving waterway traffic, and renovation of dikes integrated with traffic roads;

b) Prepare standby equipment/devices and materials to ensure traffic safety for dike safety assurance during flood and storm seasons;

c) Guide the formulation and implement state management of urban and rural planning, issue technical regulations for the construction of works on river terraces as prescribed in Article 26 of this Law, and the renovation, repair, upgrading, and construction of houses and works as prescribed in Article 27 of this Law.

5. The Ministry of Finance shall have the following duties and powers:

a) Take charge and cooperate with the Ministry of Agriculture and Environment to ensure timely allocation of funds for structural solutions to cope with floods exceeding design levels or emergency flood situations; Allocate a separate investment category for projects in construction, renovation, maintenance, upgrading, and reinforcement of dikes, dike management and protection, dike safety assurance, and for flash flood areas, retention basins, floodways, retarding basins;

b) Take charge and cooperate with the Ministry of Agriculture and Environment, other Ministries, ministerial-level agencies to advise and guide compensation for organizations and individuals whose land is land repossessed or requisitioned for the construction, construction, renovation, and reinforcement of dikes, flood/storm control works; issue or request competent authorities for issuance of mechanisms and policies for dike patrol and guard forces, dike safety assurance, and policies for compensation of damage to materials and equipment/devices mobilized for dike protection.

6. The Ministry of National Defense shall cooperate with the Ministry of Agriculture and Environment to direct and inspect the organization of forces, equipment/devices, and plans and the deployment of dike protection forces.

7. The Ministry of Public Security shall cooperate with the Ministry of Agriculture and Environment to direct and guide police forces in formulating and implementing plans to ensure the order and security at critical dike sections and floodways/retarding basins during flood and typhoon seasons; inspect, prevent, and handling of violations against the law on dikes

8. Ministries and ministerial-level agencies, within the scope of their functions, duties, and powers, shall implement the provisions of this Law and cooperate with the Ministry of Agriculture and Environment in protection and use of dikes.”.

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“3. Commune-level People's Committees shall:

a) Organize the implementation of management, protection, renovation, upgrading, reinforcement, and safety assurance of dikes within their communes;

b) Cooperate with relevant agencies in implementing development plans for dike systems and flood control plans for river routes with dikes according to the provincial planning and plans for investment, construction, renovation, upgrading, reinforcement, protection, and use of dikes and safety assurance of dikes;

c) Consolidate and manage information and data on dikes within their communes;

d) Organize and mobilize the local labor force in accordance with Clause 2 Article 24 and the People's dike management forces stipulated in Article 41 of this Law; cooperate with the dike management forces to patrol, guard, and protect dikes during flood and typhoon seasons along the dike routes in their jurisdiction;

dd) Decide within their competence or propose competent authorities to decide on mobilization of forces, materials, and equipment/devices to recover from the consequences of floods, typhoons, and other natural disasters on dikes;

e) Organize the propagation, dissemination, and education of the law on dikes within their communes;

g) Organize inspections of the implementation of laws on dikes; resolve complaints, denunciations, reflections, and petitions regarding dikes within their competence in accordance with the law;

h) Prevent violations against laws on dikes;

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14. Article 48 is amended as follows:

“Article 48. Elaboration and implementation

The Government shall elaborate and guide the implementation of Articles 4, 6, 11, 26; Clauses 2 and 4 Article 27; Clause 2 Article 37 and Article 46 of this Law.”.

15. The following clauses, points, and phrases are hereby annulled:

a) Annul Article 12; Section 2, Chapter II; Point b, Clause 2, Article 35; Clause 3, Article 36; Clause 2, Article 43;

b) Remove the phrase “INSPECTION,” from the title of Chapter VII.

16. Certain phrases are replaced in the following articles, clauses, and points:

a) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 3, Article 20; Clause 2, Article 25; Clause 2, Article 28; Article 31; Clause 3, Article 39;

h) Replace the phrase “Provincial People's Committee” with the phrase “Chairperson of provincial People's Committee” in Clauses 1, 2 and 3, Article 25; Clause 5, Article 26;

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d) Replace the phrase “planning for natural disaster management and irrigation” with the phrase “planning for water resources, irrigation and natural disaster management” in Clause 3 Article 5;

dd) Replace the phrase “planning” with the phrase “planning for water resources, irrigation and natural disaster management” in Clause 2 Article 6; replace the phrase “groundwater” with the phrase “underground water” in point d, Clause 1, Article 25;

e) Replace the phrase “district level” with the phrase “commune level” in point b Clause 1 Article 43;

Article 6. Amendments to certain Articles of the Law on Topographic and Cartographic

1. Clause 1 of Article 25 is amended as follows:

“1. Cadastral map means a map showing land lots and relevant geographical subjects which are established by commune-level administrative divisions certified by competent authorities.”.

2. Clauses 3, 4 and 5 Article 36 are amended as follows:

“3. The Ministry of Agriculture and Environment shall approve, construct, operate and maintain works prescribed in Clause 2 Article 35 of this Law.

4. Ministries, ministerial-level agencies, Governmental agencies, and People’s Committees of provinces shall approve, construct, operate and maintain works prescribed in points a and b Clause 3 Article 35 of this Law after reaching agreement with the Ministry of Agriculture and Environment; and organize the construction, operation, and maintenance of works within their approving competence.

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3. Point h Clause 2 of Article 57 is amended as follows:

“h) Appraise the necessity, scope and technological-technical solutions for topographic and cartographic activities included in projects or tasks funded by central government budget performed by ministries, ministerial agencies or Governmental agencies; appraise the scope and technological-technical solutions for basic topography and cartography projects or tasks performed by People’s Committees of provinces;”.

4. Some points and Clauses of Article 58 are amended as follows:

a) Point a Clause 1 is amended as follows:

“a) Perform state management of topographic and cartographic activities under their management; promulgate legislative documents within their competence or propose competent authorities to promulgate legislative documents on topography and cartography in accordance with provisions of this Law and other relevant laws; propagate and convey laws; provide instructions for compliance with the law on topography and cartography, supervise such compliance in their provinces/communes;";

b) Point a1 is added after point a Clause 1 as follows:

 “a1) Appraise basic topographic and cartographic projects or tasks performed by People’s Committees of provinces, except for contents on scope and techno-technical solutions; appraise specialized topographic and cartographic projects or tasks performed by local authorities;”;

c) Clause 3 is amended as follows:

“3. Commune-level People's Committees shall, within the scope of their duties and powers, have the following responsibilities:

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b) Inspect, resolve complaints and denunciations, and handle violations of the law on topography and cartography within their communes as authorized;

c) Participate in management of topographic markers as decentralized by People’s Committees of provinces;

d) Protect topographic markers as decentralized by People’s Committees of provinces;

dd) Perform other state management of topography and cartography as decentralized by superior regulatory agencies.”.

5. The following clauses, and phrases are annulled:

a) Clause 2 Article 58, Clause 1 Article 59;

b) The phrases “submit to the Prime Minister” in Clause 4 Article 11;

c) The phrase “necessity,” in point d Clause 2 Article 16;

d) The phrase "district level," in point b Clause 4 Article 19;

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6. Certain phrases are replaced in the following clauses and points:

a) Replace the phrases “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 4 Article 11; Clause 2 Article 12; Clauses 3 and 5 Article 13; Clauses 2 and 3 Article 14; Clause 1 and points d and e Clause 2 Article 16; Clause 3 Article 17; Clauses 2, 3 and 4 Article 18; Clause 3 Article 19; Clauses 1 and 2 Article 21; Clauses 2 and 3 Article 26; Clause 2 Article 31; Clause 3 Article 33; Clause 6 Article 34; point a Clause 4 Article 38; Clauses 4 and 5 Article 40; Clause 3 Article 44; Clause 1 Article 50; Clause 7 Article 51; Clause 2 Article 52; point a Clause 5 Article 53; Clause 1 Article 54; Clause 2, point g Clause 3 and points a and e Clause 4 Article 57 and point h Clause 1 Article 58;

h) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 5 Article 27 and Clause 4 Article 28;

c) Replace the phrase “natural resources and environment” with the phrase “agriculture and environment” in Clause 2 Article 4; point b Clause 5 Article 53 and Clause 2 Article 54;

d) Replace the phrase “district level” with the phrase “commune level” in point c Clause 1 and Clause 3 Article 26;

Article 7. Amendments to certain Articles of the Law on hydrometeorology

1. Article 11 is amended as follows:

"Article 11. Hydrometeorological station network planning

1. Hydrometeorological station network planning is a sectoral planning.

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a) The monitoring reflects spatial and temporal variations in hydrometeorological elements to be monitored, serves the obtainment and use of hydrometeorological information and data, national background data on weather and climate, hydrometeorological forecast and warning, determination, assessment and zoning of risks of hydrometeorological disasters, monitoring of hydrometeorological disasters and climate change, national defense and security maintenance and socio - economic development;

b) Uniformity is ensured to satisfy requirements for sharing data between monitoring networks and use the state budget in an effective and economical manner.

3. Bases for formulating hydrometeorological station network planning are those prescribed by the law on planning and include the followings:

a) Strategies on climate change; natural disaster management; water resources; information technology and communication development; land-use planning, national marine spatial planning, information and communication infrastructure planning and other relevant strategies and plans;

b) Results of implementation of meteorology and hydrology development, national climate change strategy, national hydrometeorological station network planning in the previous period, results of determination, assessment and zoning of risks of hydrometeorological disasters and demands for obtainment and use of hydrometeorological information and data for other relevant fields, sectors and local governments;

c) Scientific and technological advances in hydrometeorological monitoring, measurement, news broadcasting, hydrometeorological forecast and warning, climate change monitoring.

4. The period, contents and adjustments of the national hydrometeorological station network planning are specified by the law on planning.

5. The Ministry of Agriculture and Environment shall organize the formulation, appraisal, approval, and disclosure of hydrometeorological station network planning in accordance with regulations of the law on planning.”.

2. Clause 1 of Article 14 is amended as follows:

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a) The Ministry of Agriculture and Environment shall decide on the establishment of stations within the national hydrometeorological station network in accordance with the hydrometeorological station network planning;

b) In special cases, the Ministry of Agriculture and Environment shall decide on the establishment of stations not yet included in the hydrometeorological station network planning to meet requirements for natural disaster prevention and control or to meet national defense and security requirements as requested by the Ministry of National Defense or the Ministry of Public Order.”.

3. Some Clauses of Article 44 are amended as follows:

a) Clause 1 is amended as follows:

“1. Agencies or organizations wishing to perform weather modification plan and submit it to the Ministry of Agriculture and Environment or the provincial-level People’s Committee for appraisal within their competence.”.

b) Clauses 4, 5 and 6 Article 7 are amended as follows:

“4. The agency presiding over the appraisal and approval of weather modification plans shall solicit opinions as follows:

a) The Ministry of Agriculture and Environment shall solicit opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Science and Technology, and provincial-level People’s Committees directly affected by the weather modification plan during the appraisal and approval process;

b) Provincial-level People’s Committees shall solicit opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Science and Technology, and the Ministry of Agriculture and Environment during the appraisal and approval process;

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6. The Chairperson of the provincial-level People’s Committee shall approve weather modification plans within the administrative boundaries of the province or centrally-affiliated cities for cases stipulated in Article 42 of this Law.

7. The competent person who approves weather modification plans shall preside over and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Science and Technology, and relevant agencies to monitor the implementation of weather modification.”.

4. Clause 3 and Clause 4 of Article 51 are amended as follows:

“3. Formulate, issue within authority and organize the implementation of legislative documents, technical regulations, operational procedures, and economic-technical norms on hydrometeorology, climate change monitoring, and the construction, management, and exploitation of natural disaster prevention works under climate change conditions.

4. Manage and implement the hydrometeorological station network planning in accordance with the law on planning; organize the protection of works and technical corridors of hydrometeorological works within the station network.”.

5. Point d and point dd Clause 2 of Article 52 are amended as follows:

“d) The Minister of Science and Technology shall preside over and cooperate with the Minister of Agriculture and Environment to formulate planning and prioritize the allocation of frequencies serving hydrometeorological work and climate change monitoring in accordance with this Law and law on radio frequencies; develop strategies for the synchronous development of infrastructure of telecommunications and information technology and appropriate planning for information and communication infrastructure to serve hydrometeorological activities; direct the disclosure of hydrometeorological and climate change monitoring information and data on mass media in accordance with this Law and the law on the press; cooperate in the management and monitoring of weather modification;

dd) The Minister of Construction shall preside over and cooperate with the Minister of Agriculture and Environment to guide agencies, organizations, and individuals in exploiting and providing hydrometeorological information, data, forecasts, and warnings, and climate change scenarios within the scope of management; issue regulations on the use and exchange of domestic and international meteorological information and data serving forecasting and warning activities to meet the management requirements of civil aviation flight assurance services; issue technical regulations on the provision of aeronautical meteorological services in accordance with this Law and the law on civil aviation; issue technical regulations on construction according to the hydrometeorological conditions and climate change;”

6. Some points and Clauses of Article 53 are amended as follows:

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“i1) Organize the appraisal and monitoring of weather modification within the administrative boundaries of the province or central-affiliated cities within their competence;”;

b) Point e and point g are added after point dd Clause 3 as follows:

“e) Monitor the enforcement of the law on hydrometeorology by agencies, organizations, and individuals within their communes;

g) Monitor, evaluate, exploit, and use hydrometeorological forecasts and warnings to serve socio-economic development and natural disaster management within their communes.”.

7. Annul point c Clause 4 Article 25; points a, g and h Clause 2 Article 52; Clause 2 Article 53.

8. Replacing the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 1 Article 6; point b clause 1 Article 7; clause 2 Article 10; point b clause 6 Article 12; point b clause 2 Article 13; point c clause 2 Article 14; point c clause 3 Article 14; clause 4 Article 14; points a and b clause 5 Article 14; point a clause 2 Article 16; point a clause 3 Article 17; clause 2 Article 18; clause 3 Article 22; clause 1 Article 24; point a clause 5 Article 25; clause 5 Article 30; clause 2 Article 31; clause 8 Article 33; clause 8 Article 44; Article 47; the title of Article 51; clause 1, points b, c, e, i and k of clause 2 of Article 52 and point o of clause 1 of Article 53.

Article 8. Amendments to certain Articles of the Law on Forestry

1. Article 9a is added after Article 9 as follows:

“Article 9a. Forestry planning

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2. Some Clauses of Article 14 are amended as follows:

a) Clause 1 is amended as follows:

“1. Comply with forestry planning provincial planning, or land-use planning in accordance with the law on land.

The allocation, leasing, or change of forest use purposes shall only be conducted for forest areas that satisfy the criteria for being categorized as forests.”.

b) Clause 5 is amended as follows:

“5. Consistency and synchronicity with land allocation, land lease, land repurposing, and land repossession.

In cases where the procedures for land repurposing are not required in accordance with land law for production forests, the procedures for land repurposing are not required; however, replacement afforestation must be performed.”.

3. Clause 2 of Article 18 is amended; Clause 3 is added after Clause 2 of Article 13 as follows:

“2. The competence to decide on the change of forest categories is as follows:

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b) The Chairperson of the Provincial People’s Committee shall decide the change of forest categories for cases not specified in point a of this Clause.

3. The Government shall elaborate this Article.”.

4. Article 19 is amended as follows:

“Article 19. Forest repurposing; temporary forest use

1. Forest repurposing conditions:

a) It complies with forestry planning, provincial planning, or land use planning in accordance with the law on land;

b) It decided by the competent authority in accordance with Clause 1 Article 20 of this Law;

c) It fulfills the replacement afforestation obligations.

2. For forest areas where the where the investment guidelines/forest repurposing has been decided by competent authorities for project implementation but the project no longer requires or only partially requires the area, the Chairperson of the Provincial/commune-level People’s Committee shall return such areas to their previous forest categories for management under forestry laws.

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4. Temporary forest use refers to the use of forests for temporary works serving the construction of socio-economic development projects for national or public interests approved by competent authorities. The temporary forest use shall be conducted in accordance with the following provisions:

a) Temporary forest use areas shall not be repurposed;

b) Project investors shall formulate temporary forest use plans and submit them to competent authorities for approval; and perform the reforestation.

In the case where the planted forests are production forests owned by organizations, households, individuals, or communities, temporary forest use plans are not required; however, the project investor must reach an agreement with owners regarding the temporary use and reforestation.”.

5. Clause 20 is amended and supplemented as follows:

“Article 20. Forest repurposing policies

1. Authority to decide on forest repurposing policies:

a) Provincial People’s Councils shall decide on and adjust forest repurposing policies; except for cases specified in point b hereof;

b) For projects where the investment guidelines are approved by the National Assembly, the Prime Minister, or the Provincial People’s Council in accordance with the Law on Investment, Law on Public Investment, Law on Public–private partnership, Law on Petroleum, the investment guideline approval/decision shall serve as the decision for forest repurposing policies.

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6. Clause 21 is amended and supplemented as follows:

“Article 21. Replacement afforestation

1. Cases requiring payment for replacement afforestation include:

a) Forest repurposing;

b) Forestry land repurposing after clearcutting of planted forests or land repurposing for land with planted forests that fails to satisfy the criteria for being categorized as forests;

c) Cases exempt from land repurposing procedures and forest repurposing procedures for planted production forests as stipulated in Clause 4 Article 14 of this Law.

2. The area for which replacement afforestation fees shall be paid:

a) Three times the area of natural forests as stipulated in point a Clause 1 of this Article;

a) Equal to the area of planted forests as stipulated in point a Clause 1 of this Article;

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d) Equal to the area of planted production forests as stipulated in point c Clause 1 of this Article.

3. Replacement afforestation fee amount to be paid by the project investor equals the area specified in Clause 2 of this Article multiplied by the unit price for replacement afforestation decided by the Chairperson of the Provincial People's Committee.

4. Replacement afforestation fees shall be paid to provincial-level forest protection and development funds. The Chairperson of the Provincial People's Committee shall approve plans, decisions on assignment of implementing units, and decisions on the use of replacement afforestation funds for replacement afforestation and forest zoning for forest regeneration, and other silvicultural measures within the province within 12 months from the date on which the project investor completes the payment obligation.

5. In cases where the local authority fails to prepare a plan to fully utilize the replacement afforestation funds within 12 months from the date on which the payment is made, the unplanned amount shall be transferred to perform replacement afforestation in another province. The Chairperson of the Provincial People's Committee shall propose to the Ministry of Agriculture and Environment to consider and arrange replacement afforestation in another province. Upon approval, the amount of replacement afforestation shall be transferred to the forest protection and development fund of another province in order to organize replacement afforestation.

6. The Minister of Agriculture and Environment elaborate this Article.“.

7. Clause 23 is amended and supplemented as follows:

“Article 23. Authority to allocate, lease out, repurpose or repossess forests and permit temporary forest use

1. The Chairperson of the Provincial People's Committee has the authority to:

a) Decide on forest repurposing for organizations;

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c) Decide on allocating, leasing out, repurposing or repossessing forests under their competence.

2. The Chairperson of the commune-level People's Committee has the authority to:

a) Decide on allocating, leasing out, repurposing or repossessing forests for organizations, individuals, and residential communities, except for cases specified in point c Clause 1 of this Article;

b) Decide on forest repurposing for individuals;

3. The cases of forest repurposing that fall under both point a and point b of Clause 1 hereof, the Chairperson of the Provincial People's Committee shall has the authority to decide.

4. The Government shall elaborate the forest allocation, forest lease, forest repurposing, temporary forest use, and forest repossession.”.

8. Article 25 is amended and supplemented as follows:

"Article 25. Authority to establish and adjust special-use forests, protection forests

1. The Minister of Agriculture and Environment shall decide on the establishment and adjustment of boundaries and areas of special-use forests and protection forests located within at least 02 provinces or central-affiliated cities.

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3. The establishment and adjustment of special-use forests and protection forests shall comply with the Regulation on forest management.”.

9. Article 26a is added after Article 26 as follows:

“Article 26a. Liquidation of planted forests

1. Planted forests subject to liquidation:

a) Planted forests under all-people ownership;

b) Planted forests of forest owners being state organizations that are funded by replacement afforestation expenses .

2. Cases of liquidation of planted forests:

a) Natural disasters as prescribed by the law on natural disaster management;

b) Diseases and forest pests;

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3. Authority to decide on the liquidation of planted forests:

a) Ministers and heads of central authorities shall decide on the liquidation of planted forests under their management;

b) The Chairperson of the Provincial People's Committee shall decide on the liquidation of planted forests under their management.

4. The Government shall elaborate this Article.“.

10. Article 38 is amended and supplemented as follows:

“Article 38. Protection of forest flora and fauna

1. Forest flora and fauna include:

a) Endangered, precious, and rare forest flora and fauna;

b) Common forest flora and fauna.

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11. Article 44 is amended and supplemented as follows:

“Article 44. Development of forest plant varieties

1. Establish a system of seed orchards and seed stands to conserve genetic resources and provide high-quality breeding materials.

2. Build and upgrade forest plant variety sources; conserve, produce, and supply nucleus stocks, restore nucleus stocks; prescribe the list of major forest plant species; procedures for the recognition of varieties and variety sources, export and import of forest plant varieties. For major forest plant species, breeding materials and seedlings shall only be produced if they are harvested or propagated from recognized forest plant varieties or variety sources.

3. Enhance genetic quality; select and create new varieties with high yield, high quality, and strong resistance to satisfy the requirements of forest product business and adaptation to climate change.

4. Research and apply scientific and technological advances in the selection, creation, and propagation of high-yield and high-quality forest plant varieties; conserve genetic resources; manage the quality of production and business of forest plant varieties.

5. The Minister of Agriculture and Environment elaborate this Article.“.

12. Clause 2 Article 49 is amended and supplemented as follows:

“2. The Minister of Agriculture and Environment shall elaborate the rearing and cultivation of endangered, precious, and rare forest flora and fauna; forest flora and fauna listed in the Appendix of CITES; and the rearing of common forest fauna.”.

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a) Clause 2 is amended and supplemented as follows:

“2. Payers of forest environmental services include:”;

b) Point dd Clause 2 is amended and supplemented as follows:

“dd) Organizations and individuals wishing to use greenhouse gas emission reduction results or forest carbon credits;”;

c) Clause 5 is amended and supplemented as follows:

“5. The Government shall elaborate the forest environmental services.”.

14. Point e Clause 1 Article 72 is amended and supplemented as follows:

“e) The Minister of Agriculture and Environment elaborate point c and point d of this Clause.“.

15. Clause 8 is added after Clause 7 Article 92 as follows:

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16. Certain points of Clause 2 Article 101 are amended and supplemented as follows:

a) Point d is amended and supplemented as follows:

“d) Decide on the establishment and adjustment of special-use forests and protection forests located within at least 02 provinces or central-affiliated cities.”.

b) Point g is amended and supplemented as follows:

“g) Guide and inspect forest inventory, forest statistics, monitoring of forest changes, and prepare forest management documents; prepare and manage the forest database; monitor and evaluate forest resources; specify planted forest ID;”.

17. Certain clauses and points of Article 102 are amended and supplemented as follows:

a) Point h is amended; point h1 is added after point h Clause 1 as follows:

“h) Decide forest price brackets for their provinces;

h1) Take measures to prevent forest fauna from causing harm to people and property; pay damages as prescribed by the People's Council of the same level;”;

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“l1) Reviewing natural forest areas to establish special-use forests, protection forests, and production forests under their management as prescribed by laws;”;

c) Clause 3 is amended and supplemented as follows:

“3. The commune-level People's Committee shall:

a) Issue within its authority or submit to competent authorities for issuance of legislative documents on forestry; decide on programs and projects for forest protection, sustainable forestry development, agro-forestry-fishery production, swidden cultivation, and organize the implementation thereof in commune;

b) Organize the implementation of legislative documents on forestry and sustainable forestry development programs and projects within the commune;

c) Organize the forest classification and demarcation of forest boundaries within the commune in accordance with the law;

d) Establish forest management documents; organize replacement afforestation; organize forest allocation, forest lease, forest repurposing, and forest repossession in accordance with the law;

dd) Organize forest inventory, forest statistics, and the monitoring of forest changes in the commune;

e) Organize forest management and protection, forest biodiversity conservation, and forest fire prevention and fighting; prevention of violations against the law on forestry in the commune;

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h) Organize the management and protection of forest areas that the State has not yet allocated or leased;

i) Provide guidelines for local communities in formulating and implementing community conventions and regulations in forest protection and development in the commune in accordance with the law;

k) Inspect and handle violations; resolve disputes, complaints, and denunciations in forestry in the commune in accordance with the law.”.

18. Clause 1 Article 105 is amended and supplemented as follows:

“1. Forest ranger forces shall be organized at the central and provincial levels. Based on the requirements for forest management and protection, in compliance with laws on forestry, forest fire prevention and fighting, forest development, forest use, processing and trade of forest products in the province, the provincial-level forest ranger force shall advise competent authorities on organizing forest ranger forces at the commune/inter-commune level.".

19. Annul Chapter II; Clause 5 Article 95; point d Clause 1, Clause 2 Article 102 and Clause 2 Article 105.

20. Remove certain phrases in the following articles, clauses, and points:

a) Remove the phrase "Households,” in point c Clause 2, Point a Clause 3 of Article 16 and Article 17;

b) Remove the phrase “district,” in Clause 2 Article 35;

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d) Remove the phrase “the Ministry of National Defense, the Ministry of Public Security, the Ministry of Natural Resources and Environment,” in Clause 3 Article 101;

dd) Remove the phrase “Inspection,” in point q Clause 2 Article 101.

21. Replace certain phrases in the following articles, clauses, and points:

a) Replace the phrase “Prime Minister” with the phrase “Minister of Agriculture and Environment” in Clause 1 Article 31;

b) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 6 Article 5; Clause 2 Article 6; Clause 5 Article 27; Clause 4 Article 28; Clause 2 Article 32; Point a Clause 2, Clause 3 Article 33; Clause 6 Article 34; Clause 3 Article 35; Clause 3 Article 36; Clause 3 Article 40; Clause 5 Article 42; Clause 2 Article 45; Point c Clause 2 Article 72; Clause 3 Article 90; Point a Clause 3 Article 95; Clause 2 Article 98; Clauses 2 and 3 Article 101;

c) Replace the phrase “district” with the phrase “commune” in Clause 1 Article 15, Clause 4 Article 34, Point b Clause 1 Article 58, Clause 2 Article 100; replace the phrase “commune-level town” with the phrase “special zone” in point d Clause 1 Article 81 and point d point 1 Article 82.

Article 9. Amendments to certain Articles of the Law on Natural Disaster Management

1. Clauses 3 and 4 Article 9 are amended and supplemented as follows:

“3. The backup budget for natural disaster management shall be used in accordance with the law on the state budget.

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2. Clause 5 Article 13 is amended and supplemented as follows:

“5. Formulating, approving and implementing irrigation and natural disaster management planning; review and formulate plans to relocate inhabitants in areas at very high risk of natural disasters.”.

3. Certain clauses and points of Article 15 are amended and supplemented as follows:

a) Clause 2 is amended and supplemented as follows:

“2. A communal-level natural disaster management plan:

a) Annual assessment and update of demographic, socio-economic, and infrastructural characteristics within the scope of management;

b) Natural disaster situation of the commune;

c) Contents and measures for natural disaster management for each type of disaster, levels of disaster risk frequently occurring in the commune, attention to vulnerable groups, including: constructing local natural disaster management works, providing information and dissemination to raise public awareness; identifying dangerous areas; developing response plans for specific disaster risk levels and types; organizing duty shifts and updating information on disaster developments; preparing evacuation sites; and organizing training and drills on natural disaster management;

d) Preparation of materials, devices, equipment, and essential supplies for natural disaster management; specialized equipment for the direction and command of natural disaster management;

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e) Proposal on resource requirements; annual and five-year schedules for the implementation of natural disaster management plan in the commune;

g) Responsibilities for organizing the implementation of the natural disaster management plan.”.

b) Point a Clause 7 is amended and supplemented as follows:

“a) Commune-level People's Committees shall organize the formulation and approval of commune-level natural disaster management plans and report to provincial-level People's Committees for consolidation and guidance. Provincial-level People's Committees shall organize the formulation and approval of provincial-level natural disaster management plans and report to the Ministry of Agriculture and Environment and the Ministry of National Defense.”.

4. Certain clauses and points of Article 42 are amended and supplemented as follows:

a) Points k, l, m and n are added after point i Clause 2 as follows:

“k) Issue within their authority or submit to competent authorities for issuance and direction of the implementation of legislative documents on natural disaster forecasting and warning;

l) Formulate planning and plans, direct the implementation of meteorological, hydrological, and oceanographic forecasting;

m) Organize the observation, collection, and processing of information; identify and assess natural disaster risks; zone natural disaster risks; track and monitor natural disasters; perform forecasting and warning activities, and provide timely and accurate information on natural disasters related to meteorology, hydrology, and oceanography to the National Steering Committee for Civil Defense, Ministries, ministerial-level authorities, governmental authorities, relevant local authorities, and mass media in accordance with regulations;

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b) Clause 6 is amended as follows:

6. The Ministry of Science and Technology shall:

a) Promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of legislative documents on information assurance in natural disaster management;

b) Formulate planning and plans, direct the implementation of measures to ensure the safety and continuity of the general communication network;

c) Prepare standby specialized communication equipment/devices for natural disaster management in all natural disaster scenarios;

d) Inspect, resolve complaints and denunciations, and handle violations of the law on natural disaster management under its competence;

c) Clause 6a is added after Clause 6 as follows:

“6a. The Ministry of Culture, Sports and Tourism shall:

a) Direct mass media agencies to carry out information and communication on natural disaster management;

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d) Points d, dd, and e are added after point c Clause 9 as follows:

“d) Promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of legislative documents on traffic safety assurance in natural disaster management;

dd) Formulate planning and plans, direct the implementation of transport development in accordance with the strategy and plans for natural disaster management;

e) Prepare forces, equipment/devices, and materials for traffic rescue to ensure transport safety when natural disasters occur..”.

dd) Points d, dd, and e are added after point c Clause 10 as follows:

“d) Promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of legislative documents on integrating natural disaster management contents into the national/ministerial/local socio-economic development plans;

dd) Allocate investment capital for natural disaster management works;

e) Integrate natural disaster management contents into the national socio-economic development plan.”.

e) Points dd and e are added after point d Clause 13 as follows:

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e) Based on the extent of damage and relief needs, propose support policies for provinces to stabilize the lives of people in disaster-stricken areas and submit them to the Prime Minister for decision.”.

g) Clause 14 is amended as follows:

“14. The Ministry of Home Affairs shall:

a) Provide guidance on integrating gender in natural disaster management;

b) Inspect, resolve complaints and denunciations, and handle violations of the law on natural disaster management under its competence;

5. Some points and Clauses of Article 43 are amended as follows:

a) Point d and point dd Clause 1 are amended as follows:

 d) Manage the implementation of planning in accordance with the law on urban and rural planning for urban areas, rural residential spots, and technical infrastructure works within the province;

dd) Organize the implementation of natural disaster response plans within the province, organize the preparation of human resources, supplies, means, equipment, and essential goods and organize rehearsals according to approved plans;”;

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“2. The commune-level People's Committee shall:

a) Raise the public awareness and implement this Law and regulations on natural disaster management;

h) Formulate, approve, and organize the implementation of natural disaster management; integrate natural disaster management contents into socio-economic development plans and planning of the commune;

c) Organize the implementation of natural disaster response plans within the commune;

d) Organize the implementation of natural disaster response plans within the commune, organize the preparation of human resources, supplies, means, equipment, and essential goods and organize rehearsals according to approved plans;

dd) Inspect, urge, and organize the stockpiling of food, essential goods, water purification chemicals, medicines, devices, materials, and equipment for according to the “bốn tại chỗ” (“four on-the-spot”) motto to proactively respond when natural disasters occur;

e) Organize duty shifts and command the response and recovery from natural disaster consequences; consolidate statistize, and assess damage caused by natural disasters within the commune;

g) Direct and organize the implementation of production protection measures when natural disasters occur to mitigate damage and restore production;

h) Receive, manage, and distribute emergency relief from the State, organizations, and the community to stabilize lives, restore production, and overcome natural disaster consequences in accordance with the law;

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k) Inspect, resolve complaints and denunciations, and handle violations of the law on natural disaster management under its competence;”;

6. The following clauses, and phrases are annulled:

a) Annul Clause 3, Article 15; Clauses 3, 7, and 11, Article 42;

b) Remove the phrase “district-level and” in Clause 1, Article 28; removing the phrase “and district-level” in Clause 1, Article 43;

c) Remove the phrase “inspection,” in Point i, Clause 2; Point d, Clause 8; Point c, Clause 9; Point c, Clause 10; Point c, Clause 12; and Point d, Clause 13 of Article 42.

7. Certain phrases are replaced in the following clauses and points:

dd) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 1, Article 10; Clause 3, Article 13a; Clause 4, Article 14; Point b and Point c, Clause 7, Article 15; Clause 3, Article 18a; Point d, Clause 3, Article 21; Point a, Clause 3, Article 24; Clauses 3, 5, 6, and 7, Article 31; Point b, Clause 2, Article 33; Clause 1, Article 40; and Clause 2, Article 42;

b) Replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 2, Article 17; Point a, Clause 3, Article 24; and Clause 3, Article 40;

c) Replace the phrase “Ministry of Planning and Investment” with the phrase “Ministry of Finance” in Point c, Clause 3 and Clause 4, Article 16; and Clause 7, Article 31;

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e) Replace the phrase “People’s Committee at the district level” with the phrase “People’s Committee at the commune level” in Point c, Clause 2, Article 33.

Article 10. Amendments to certain Articles of the Law on Water Resources

1. Clause 5 of Article 8 is amended as follows:

“5. Encroaching on upon or filling in rivers, streams, canals or ditches or channels without remedial measures, unless otherwise prescribed by law; placing obstructions or obstacles, constructing architectural works, or planting trees that cause blockage to flood drainage or water circulation in rivers, streams, reservoirs, canals, ditches, or channels without remedial measures.".

2. Clause 1 of Article 12 is amended as follows:

“1. Water resources planning includes:

a) Water resources, irrigation, and natural disaster management planning, which is a sectoral planning conducted in accordance with the law on planning. The Ministry of Agriculture and Environment shall organize the formulation of water resources, irrigation, and natural disaster management planning;

b) Comprehensive planning for water resources and irrigation infrastructure of inter-provincial river basins, which elaborates water resources, irrigation, and natural disaster management planning.”

3. Some Clauses of Article 17 are amended as follows:

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“1. The Ministry of Agriculture and Environment shall preside over and cooperate with the Ministry of Industry and Trade, the Ministry of Construction, and relevant Ministries, ministerial-level agencies, and Provincial People’s Committees to organize the formulation and approval of comprehensive planning for water resources and irrigation infrastructure of inter-provincial river basins.”;

b) Clause 5 is amended as follows:

“5. The Government shall elaborate contents, formulation, appraisal, approval, and adjustment of comprehensive planning for water resources and irrigation infrastructure of inter-provincial river basins; provide a list of inter-provincial river basins for which planning must be formulated.”.

4. Clause 6 of Article 26 is amended as follows:

6. Chairpersons of Provincial People’s Committees shall determine and organize the announcement of domestic water safeguard zones based on proposals from organizations or individuals exploiting water resources for domestic use in accordance with the regulations of the Minister of Agriculture and Environment.

In cases where the domestic water safeguard zone exists in at least two provinces or central-affiliated cities, the Chairperson of the People’s Committee or the province where the water exploitation work is located shall preside over and cooperate with relevant provinces to reach an agreement on the scope and announce the domestic water safeguard zone.”.

5. Some Clauses of Article 38 are amended as follows:

a) Clause 7 and Clause 8 are amended as follows:

“7. Responsibility for establishing reservoir and inter-reservoir operation procedures:

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In cases where a Ministry, ministerial-level agency, Provincial People’s Committee, or an organization managing or operating a dam or reservoir proposes an adjustment to the inter-reservoir operation procedures, it shall formulate an adjustment plan and send it to the Ministry of Agriculture and Environment for appraisal and submission to the Prime Minister for approval, except for the cases prescribed in Clause 9a of this Article;

b) Organizations managing or operating dams or reservoirs shall formulate or adjust reservoir operation procedures and submit them to competent authorities for approval in accordance with the law on dam and reservoir safety management and consistent with the inter-reservoir operation procedures.

8. When technical infrastructure ensures the fulfillment of conditions and requirements for real-time reservoir and inter-reservoir operation, the formulation and adjustment of real-time inter-reservoir operation procedures shall be carried out as follows:

a) The Ministry of Agriculture and Environment shall organize the formulation or adjustment of real-time inter-reservoir operation procedures and submit them to the Prime Minister for approval, except for the cases prescribed in Clause 9a of this Article.

In cases where Ministries, ministerial-level agencies, Provincial People’s Committees, or organizations managing or operating dams or reservoirs propose an adjustment to the real-time inter-reservoir operation procedures, it shall formulate an adjustment plan and send it to the Ministry of Agriculture and Environment for appraisal and submission to the Prime Minister for approval, except for the cases prescribed in Clause 9a of this Article;

b) The Ministry of Agriculture and Environment, the Ministry of Industry and Trade, and Provincial People’s Committees shall, within the scope of their respective tasks and powers, consider and approve the procedures or adjustments to real-time reservoir operation procedures at the proposal of organizations managing or operating dams or reservoirs;

c) Encourage organizations managing or operating dams or reservoirs to develop and apply standards, conduct research, transfer, and apply advanced science and technology for real-time reservoir operation; improve the efficiency of water resource exploitation and use; and ensure safety and water supply for the downstream area.”;

b) Clause 9a is added after Clause 9 as follows:

“9a. In case of internal adjustments to inter-reservoir operation procedures where the operational principles are not changed, the Ministry of Agriculture and Environment shall decide on the approval of such adjustments after solicit opinions from the Ministry of Industry and Trade, the Ministry of Construction, relevant Ministries, ministerial-level agencies, and Provincial People’s Committees, and report the results of implementation to the Prime Minister.”;

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“10. The Government shall elaborate this Article.”.

6. Point a and point b Clause 1 of Article 51 are amended as follows:

“a) The Ministry of Agriculture and Environment shall organize the formulation and operation of the water resources monitoring network for inter-provincial surface water sources, transboundary surface water sources, and groundwater sources distributed across inter-provincial areas; monitoring of hydrometeorology and water environmental quality. The formulation of water resources monitoring network shall comply with the consolidation planning for water resources and irrigation infrastructure of inter-provincial river basins;

b) Provincial People’s Committees shall organize the formulation and operation of the water resources monitoring network for surface water sources and groundwater sources within their provinces that do not overlap with the groundwater monitoring network formulated by the Ministry of Agriculture and Environment. The formulation of the water resources monitoring network shall comply with the provincial planning;”.

7. Article 53 is amended as follows:

“Article 53. Declaration, registration, and licensing of exploration, exploitation, and use of water resources

1. The Minister of Agriculture and Environment shall issue, extend, adjust, re-issue, approve the return of, suspend, terminate, and revoke water resource exploitation licenses and groundwater exploration licenses for large exploitation scale works or water exploitation works with inter-regional or inter-provincial impacts.

2. Chairpersons of Provincial People’s Committees shall issue, extend, adjust, re-issue, approve the return of, suspend, terminate, and revoke water resource exploitation licenses and groundwater exploration licenses for cases not specified in Clause 1 of this Article.

3. Chairpersons of Commune-level People’s Committees shall organize the registration of groundwater exploitation, receive declarations of groundwater exploitation by households for domestic use.

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8. Clause 6 of Article 63 is amended as follows:

“6. Lakes, ponds, lagoons, and swamps with functions of regulation, water supply, inundation prevention and control, landscape and environmental creation, and protection and preservation of religious and belief activities, cultural values, and biodiversity must be included in the list of lakes, ponds, lagoons, and swamps not to be leveled; such list shall be published for management and protection.

Provincial People’s Committees shall establish, disclose, and adjust the list of lakes, ponds, lagoons, and swamps not to be leveled within their provinces.”.

9. Point d1 is added after point dd Clause 3 Article 80 as follows:

"dd1) Organize the response to and recovery from water source pollution incidents; track, detect, and participate in resolving water source pollution incidents according to its competence; organize the implementation of measures to prevent, control, and overcome harmful effects caused by water;”.

10. The following clauses, points, and phrases are hereby annulled:

a) Annul Clause 4, Article 9; Point d, Clause 1, Article 10; Article 16; Point c, Clause 1, and Clauses 3, 4, and 5 of Article 19; Point b, Clause 2, Article 26; Articles 54, 55, 56, and 57; Clause 2, Article 80; Clause 3, Article 83; and Clause 1 and Clause 3 of Article 84;

b) Remove the phrase “and provide for the formulation, appraisal, approval, and adjustment of the master plan for basic survey of water resources” in Clause 5, Article 9;

c) Remove the phrase “, the master plan for basic survey of water resources” in Clause 1, Article 11 and Point b, Clause 1, Article 80;

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dd) Remove the phrase “district-level,” in Point d, Clause 2, Article 26 and Clause 3, Article 26;

e) Remove the phrase “the Ministry of Transport,” in Clause 9, Article 63; remove the phrase “, the Ministry of Transport” in Clause 5, Article 66;

g) Remove the phrase “inspection,” in points dd and k, Clause 2, Article 79 and the title of Chapter IX;

h) Remove the phrase “the Ministry of Agriculture and Rural Development,” in Point a, Clause 2, Article 36; Clause 2, Article 58; and Clause 6, Article 64;

i) Remove the phrase “, the Ministry of Natural Resources and Environment” in Clause 8, Article 50; remove the phrase “the Ministry of Natural Resources and Environment,” in Point c, Clause 2, Article 84.

11. The following phrases are hereby replaced:

a) Replace the phrase “District-level People’s Committee” with the phrase “Provincial People’s Committee” in Point d, Clause 3, Article 80.

b) Replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 3, Article 6; Clause 5, Article 7; Clause 1 and Point e, Clause 3, Article 9; Clause 3, Article 10; Clause 4, Article 11; Clause 3, Article 12; Clause 2, Article 15; Clause 4, Article 17; Clause 1 and Clause 4, Article 18; Clause 4 and Clause 5, Article 22; Clauses 5, 6, 7, and 9, Article 24; Clause 8, Article 31; Clauses 2, 3, and 6, Article 34; Clauses 3, 5, and 7, Article 35; Clause 1 and Point a, Clause 2, Article 36; Clause 9, Article 38; Clause 3, Article 39; Point d, Clause 1, and Point c, Clause 2, Article 51; Clause 2, Article 58; Clause 7, Article 63; Clause 6, Article 64; Clause 4, Article 71; Clause 2 and Clause 3, Article 77; Clauses 2, 6, 7, and 9, Article 79; Point g, Clause 1, Article 80; Clause 2, Article 81; and Point a, Clause 4, and Clause 5, Article 83;

c) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 4, Article 27; Clause 6, Article 35; Point b, Clause 2, Article 36; Clause 3, Article 43; Clause 2, Article 44; Clause 8, Article 50; Clause 5, Article 66; and Clause 3, Article 79;

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dd) Replace the phrase “water resources planning” with the phrase “water resources, irrigation, and natural disaster management planning” in Clause 8, Article 3; Clause 1, Article 13; and Point a, Clause 2, Article 19;

e) Replace the phrase “consolidated planning for inter-provincial river basins” with the phrase “consolidated planning for water resources and irrigation infrastructure of inter-provincial river basins” in Articles 13, 14, 15, 17, 18, and 19; Clause 5, Article 22; Clause 5, Article 24; Point b, Clause 1, and Clause 5, Article 35; and Point g, Clause 1, Article 81;

g) Replace the phrase “tasks” with the phrase “outline” in Clause 5, Article 13 and Article 15;

h) Replace the phrase “technical and specialized planning” with the phrase “detailed sectoral planning” in Clause 8, Article 3; Clause 3, Article 12; Clause 3, Article 14; Point a, Clause 2, Article 24; Point a, Clause 1, Article 30; Point a, Clause 1, Article 41; Clause 1, Article 50; and Point b, Clause 4, Article 81;

i) Replace the phrase “national sectoral planning” with the phrase “sectoral planning” in Clause 8, Article 3; Point a, Clause 2, Article 19; and Point b and Point i, Clause 4, Article 81.

Article 11. Amendments to certain Articles of the Law on natural resources and environment of sea and island

1. Clause 1 and Clause 2 of Article 14 are amended as follows:

“1. Ministries, ministerial-level agencies, Governmental agencies, People’s committees of coastal provinces and central-affiliated cities shall, based on the needs for basic survey of marine and island resources and environment of their sectors, fields, and provinces and Clause 2, Article 13 of this Law; propose projects, schemes, and tasks to the Ministry of Agriculture and Environment for consolidation and formulation of the Key Program for basic survey of marine and island resources and environment.

The Minister of Agriculture and Environment shall approve and adjust the Key Program for basic survey of marine and island resources and environment.

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2. Clause 2 and Clause 3 are amended; Clause 3a is added after Clause 3 of Article 19 as follows:

“2. The Minister of Agriculture and Environment shall issue, extend, amend, supplement, suspend, and revoke decisions on issuance of scientific research permit for foreign organizations and individuals in the following areas:

a) Sea areas where the scope is located at least 02 provinces;

b) Sea areas where the scope is located partially inside provincial administrative boundaries;

c) Sea areas where the scope is wholly located outside the provincial administrative boundaries;

d) Sea areas where the scope is wholly or partially located outside the 06-nautical-mile sea area measured from the MLLW line of the mainland or the largest island of special administrative divisions, where the provincial administrative boundaries have not been determined.

3. Chairpersons of People’s Committees of coastal provinces or centrally-run cities shall issue, extend, amend, supplement, suspend, and revoke scientific research permits for foreign organizations and individuals conducting scientific research in the following sea areas:

a) Sea areas where the scope is wholly located inside the provincial administrative boundaries;

b) Sea areas where the scope is wholly located outside the 06-nautical-mile sea area measured from the MLLW line of the mainland or the largest island of special administrative divisions, where the provincial administrative boundaries have not been determined.

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Upon the issuance, extension, amendment, and supplementation of scientific research permits, the Minister of Agriculture and Environment or the Chairperson of the People’s Committee of the coastal province or central-affiliated cities shall notify relevant Ministries, ministerial-level agencies, and relevant agencies for cooperation and management.“.

3. Article 29 is amended as follows:

“Article 29. Formulation, appraisal, approval, disclosure, implementation, assessment, and adjustment of the planning on sustainable exploitation and use of coastal resources

Contents, competence, formulation, appraisal, approval, disclosure, implementation, assessment, and adjustment of the general planning on sustainable exploitation and use of coastal resources shall comply with the law on planning.”.

4. Clause 1 of Article 36 is amended as follows:

“The Ministry of Agriculture and Environment shall preside over and cooperate with relevant Ministries, ministerial-level agencies, and People’s Committees of coastal provinces to formulate and adjust the consolidated programs for coastal resource management in at least 02 provinces. The Minister of Agriculture and Environment shall approve and adjust the consolidated programs for coastal resource management in at least 02 provinces.”

5. Point d Clause 5 of Article 41 is amended as follows:

“d) Other cases approved by the Chairperson of the People’s Committee of the coastal province.”.

6. Clause 4 of Article 49 is amended as follows:

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The Ministry of Agriculture and Environment shall preside over and cooperate with relevant ministries, ministerial-level agencies, and People’s Committees of coastal provinces to establish maps of risk zones of marine and island environmental pollution. The Minister of Agriculture and Environment shall approve the criteria for classifying risk zones of marine and island environmental pollution.”.

7. Some points and Clauses of Article 56 are amended as follows:

a) Point a Clause 2 is amended as follows:

"a) Preside over and cooperate with relevant Ministries and ministerial-level agencies to promulgate or submit to competent authorities for promulgation documents on remedial work and handling of incidents of oil and toxic chemical spill;”;

b) Clause 4 is amended as follows:

“4. The Ministry of National Defense shall preside over and cooperate with relevant Ministries and ministerial-level agencies to formulate and submit to the Prime Minister for promulgation the Regulation on response for incidents of oil spill; preside over and cooperate with relevant Ministries and ministerial-level agencies to promulgate or submit to competent authorities for promulgation documents on monitoring and assessment of risks of incidents of oil and toxic chemical spill.

The Ministry of Industry and Trade shall preside over and cooperate with relevant ministries and ministerial-level agencies to formulate and submit to the Prime Minister for promulgation the Regulation on response for incidents of toxic chemical spill.”.

8. Some points and Clauses of Article 59 are amended as follows:

a) Point d Clause 1 is amended as follows:

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b) Clause 2 is amended as follows:

“2. Validity period of the permit shall be considered on the basis of physical matters subject to sea dumping, scale and nature of dumping, and areas used for dumping and last no more than 03 years. Extension is allowed once but no more than 02 years.”.

9. Article 60 is amended as follows:

“Article 60. Issuance, re-issuance, extension, supplements, amendments, returning and revocation of the permit for sea dumping

1. The Minister of Agriculture and Environment shall grant, extend, amend, supplement, approve the return of, and revoke the permit for the following sea areas:

a) Sea areas where the scope is located at least 02 provinces;

b) Sea areas where the scope is located partially inside provincial administrative boundaries;

c) Sea areas where the scope is wholly located outside the provincial administrative boundaries;

d) Sea areas where the scope is wholly or partially located outside the 06-nautical-mile sea area measured from the MLLW line of the mainland or the largest island of special administrative divisions, where the provincial administrative boundaries have not been determined.

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a) Sea areas where the scope is wholly located inside the provincial administrative boundaries;

b) Sea areas where the scope is wholly located outside the 06-nautical-mile sea area measured from the MLLW line of the mainland or the largest island of special administrative divisions, where the provincial administrative boundaries have not been determined.

3. Applicants for a permit for sea dumping are not required to prepare a separate application for allocation of areas used for dumping. The competent authority/person shall consider the allocation of areas used for dumping during the appraisal process for issuance of permit for sea dumping.

4. Where the project only involves dredging and dumping at sea, the applicant are not required to carry out procedures for appraising the environmental impact assessment report for the project; and not required to prepare a separate application for allocation of areas used for dumping. The contents regarding environmental impact assessment and allocation of areas used for dumping shall be specified in the application for sea dumping permit. The competent authority/person shall grant the permit for sea dumping shall consider the contents regarding environmental impact assessment and allocation of areas used for dumping during the appraisal process for issuance of permit for sea dumping.

5. The Government shall elaborate the issuance, re-issuance, extension, supplements, amendments, returning and revocation of the permit for sea dumping.”.

10. Point a Clause 2 of Article 61 is amended as follows:

“a) Comply with the provisions of law on the management of marine and island resources and environment, strictly implement the contents of sea dumpling permit; comply with law on environmental protection and contents and requirements for environmental protection as prescribed in sea dumpling permit;”.

11. Clause 3 of Article 65 is amended as follows:

“3. The Ministry of Agriculture and Environment shall preside over and cooperate with relevant ministries, ministerial-level agencies, and People’s Committees of coastal provinces to establish an integrated monitoring and supervision system for marine and island resources and environment. The Minister of Agriculture and Environment shall approve the monitoring and supervision system for marine and island resources and environment.”.

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“b) Formulate and submit to the Government for approval, and organize the implementation of the strategy for sustainable exploitation and use of resources and protection of the marine and island environment; formulate, approve, and adjust consolidated programs for coastal resource management in at least 02 provinces;

c) formulate, approve, adjust, and organize the implementation of the Key Program for basic survey of marine and island resources and environment; coordinate with the Ministry of Science and Technology to consolidate, formulate, and order the implementation of themes, projects, and tasks under the national-level science and technology program on marine and island resources and environment;

d) Issue, extend, amend, supplement, approve the return of, and revoke sea dumping permits according to its competence; issue, extend, amend, supplement, suspend, and revoke scientific research permits for foreign organizations and individuals in the maritime zones of Vietnam according to its competence;”.

13. Some points and Clauses of Article 74 are amended as follows:

a) Point d Clause 1 is amended as follows:

“d) Issue, extend, amend, supplement, approve the return of, and revoke sea dumping permits according to its competence; issue, extend, amend, supplement, suspend, and revoke scientific research permits for foreign organizations and individuals in the maritime zones of Vietnam according to its competence;”;

b) Clause 3 is amended as follows:

“3. People's Committees of coastal communes shall, within the scope of their duties and powers, have the following responsibilities:

a) organize the implementation of legislative documents on integrated management of resources and protection of the marine and island environment;

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c) Raise public awareness regarding the sea and islands, law regarding integrated management of resources and protection of the marine and island environment;

d) periodically consolidate and report to Provincial People's Committees on integrated management of resources and protection of the marine and island environment;

dd) implement measures to protect marine and island resources that have not been exploited or used in accordance with the law.”.

14. The following phrases are hereby removed:

a) Annul Articles 27, 28, 30, 31, and 32; and Clause 2, Article 74;

c) Remove the phrase “inspection” from point k Clause 2 Article 73.

15. The following phrases are hereby replaced:

a) Replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 1, Article 11; Clause 3, Article 13; Clause 3, Article 14; Article 16; Clause 3, Article 18; Points g, h, and i, Clause 2, Article 20; Article 21; Clause 2, Article 36; Clause 1, Article 38; Clause 4, Article 40; Article 44; Clause 3, Article 46; Article 47; Clause 2, Article 48; Clause 2 and Clause 3, Article 50; Clause 2, Article 56; Article 66; Clause 3, Article 67; Clause 3, Article 68; Clause 3, Article 69; Clause 2 and Clause 3, Article 72; Clause 2 and Points c, e, g, and i, Clause 3, Article 73; Point k, Clause 1, Article 74; Article 77; and Clause 1, Article 79;

b) Replace the phrase “toxic chemicals” with the phrase “chemicals” in Clause 12 and Clause 13, Article 3; Point c, Clause 2, Article 20; the title of Chapter VI; the title of Section 2, Chapter VI; Article 52; the title of Article 53 and Clause 1, Article 53; the title of Article 55; the title of Article 56, Point b, Clause 2, and Clauses 5, 6, and 7 of Article 56; Point g, Clause 2 and Point e, Clause 3, Article 73; Point g, Clause 1, Article 74; and  Point dd, Clause 2, Article 76;

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Article 12. Amendments to certain Articles of the Law on Veterinary Medicine

1. Article 6 is amended as follows:

“Article 6. System of veterinary authorities

1. The system of veterinary authorities shall be organized from the central to provincial levels.

2. The veterinary staff of communes shall perform the management of livestock production and veterinary in the commune.”.

2. Clause 5 of Article 8 is amended as follows:

“5. The Minister of Science and Technology shall cooperate with the Minister of Agriculture and Environment to manage scientific research, technological development and transfer, and formulate standards and technical regulations related to veterinary medicine in accordance with the law on standards and technical regulations.”.

3. Clause 3 and point d Clause 3 Article 9 are amended and supplemented as follows:

a) The opening paragraph Clause 3 is amended as follows:

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b) Point d Clause 3 is amended as follows:

“d) organize the forecasting and warning of animal epidemics; Allocate funding and organize the prevention and fighting against animal epidemics; total up, assess and provide support for raisers for the damage from animal epidemics; and perform veterinary statistics;”.

4. Some Clauses of Article 19 are amended as follows:

a) Point c Clause 2 is amended as follows:

“c) Report to the commune-level People’s Committee.”.

a) The opening paragraph Clause 3 is amended as follows:

“3. Upon receiving notification about animals that are infected, dead or suspected of an infectious disease, the People’s Committee of commune shall direct and organize the implementation of the following tasks:”

c) Point d Clause 3 is amended as follows:

“d) Report to the People’s Committee and veterinary authority of the province.".

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“b) Direct veterinary staff of communes, relevant organizations and individuals to inspect and supervise livestock owners and livestock facility owners in the isolation of infected animals, statistize the amount of infected animals, animals susceptible to animal diseases, cooperate with veterinary authorities of provinces in collecting pathological samples; identify animal diseases outbreaks, make disclosure on local mass media, and provide guidance on implementation of veterinary hygiene measures in breeding, slaughter, transport, and trading of animals and animal products; and allocating funds for handling animal disease outbreaks;”.

6. Clause 4 and Clause 5 of Article 26 are amended as follows:

“4. Competence in disclosure of terrestrial animal epidemics:

a) The Chairperson of the People’s Committee of commune shall, based on the proposal of commune-level specialized authorities, decide to disclose animal epidemics when the conditions prescribed in Clause 2 of this Article are fully met and the epidemic occurs within the scope of the commune;

b) The Chairperson of the People’s Committee of province shall, based on the proposal of provincial-level veterinary authority, decide to disclose animal epidemics when the conditions prescribed in Clause 2 of this Article are fully met and the epidemic occurs within the scope of at least 02 commune-level administrative divisions;

5. The Minister of Agriculture and Environment shall, based on the proposal of central-level veterinary authority, decide to disclose animal epidemics when the conditions prescribed in Clause 2 of this Article are fully met and the epidemic occurs within the scope of at least 02 provincial-level administrative divisions; inspect, urge, and supervise the epidemic disclosure by the Chairpersons of the People’s Committees in provinces/communes.”.

7. Some points and Clauses of Article 27 are amended as follows:

a) Point a Clause 3 is amended as follows:

“a) Direct the commune-level People’s Committee, provincial-level veterinary authorities, and relevant agencies, organizations, and individuals to implement animal disease prevention and control measures; mobilize local resources for animal disease prevention and control; and perform inspection and examination of the implementation of animal disease prevention and control;”;

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“dd) Submit to the Chairperson of the Provincial People’s Committee for decision on the support of funds, supplies, and resources when the requirements for animal disease prevention and control exceed capacities of the commune;

e) Report to the Chairperson of the Provincial People’s Committee on the results of animal disease prevention and control and the implementation of support policies for disease prevention and control, remediation of disease consequences and animal-raising in the commune.”.

8. Points dd, e, and g Clause 4 of Article 33 are amended as follows:

“dd) Organize the implementation of animal disease prevention and control measures under the direction of the Provincial People’s Committee;

e) Submit to the Chairperson of the Provincial People’s Committee for decision on the support of funds, supplies, and resources when the requirements for animal disease prevention and control exceed capacities of the commune;

g) Report to the Chairperson of the Provincial People’s Committee on the results of animal disease prevention and control and the implementation of support policies for disease prevention and control;”.

9. Some points and Clauses of Article 35 are amended as follows:

a) Point dd and points dd and e Clause 5 are amended as follows:

“dd) Submit to the Chairperson of the Provincial People’s Committee for decision on the support of funds, supplies, and resources when the requirements for animal disease prevention and control exceed capacities of the commune;

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a) The opening paragraph Clause 7 is amended as follows:

“7. Commune-level veterinary staff shall have the following responsibilities:”;

c) Point d Clause 7 is amended as follows:

“d) Collect pathological samples according to the guidance of the provincial-level veterinary authorities.”.

10. Point d Clause 1 of Article 36 is amended as follows:

“d) A written proposal for declaration about the termination of animal epidemics from the provincial-level veterinary authority, which is appraised and recognized by the central-level veterinary authority.”.

11. Point dd Clause 3 of Article 37 is amended as follows:

“dd) Regulations on contents, procedures for quarantine of animals/animal products that are transported out of a province; exported, imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; terrestrial animals participating in fairs, exhibitions, sports competitions, and artistic performances; terrestrial animal products participating in fairs and exhibitions; animals and animal products carried along by persons; grant animal number, seal vehicles for transporting/containing animals/animal products subject to quarantine; and the transport of pathological samples.”.

12. Article 39 is amended as follows:

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1. Organizations and individuals, when transporting animals and animal products prescribed in Clause 1, Article 37 of this Law; departed from establishments certified epidemic-free or participate in the program on supervision of epidemic or receive epidemic prevention by vaccine that is still effective or animal products departed from a preparation establishment/processing establishment receiving periodic inspection of veterinary hygiene shall send an application for quarantine to provincial-level veterinary authorities.

2. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of terrestrial animals and products thereof that are transported out of a province.”.

13. b) Clause 4 is added after Clause 3 Article 41 as follows:

“4. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of exported terrestrial animals and products thereof.”.

14. Article 46 is amended as follows:

“Article 46. Procedures for quarantine of exported terrestrial animals and products thereof

1. Any importers of animals and/or animal products included in List of terrestrial animals and products thereof subject to quarantine shall submit an application for quarantine to the Ministry of Agriculture and Environment.

2. Based on the epidemic situation and the epidemic surveillance, veterinary hygiene management systems of the exporting country, the Ministry of Agriculture and Environment shall issue written instructions to relevant organizations and individuals on the quarantine of imported animals and products thereof.

If animals/animal products are initially imported into Vietnam or are exported from a country/region with high risk of animal epidemic, such animals/animal products shall undergo the risk analysis made by the Ministry of Agriculture and Environment in accordance with Article 43 of this Law.

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4. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of imported terrestrial animals and products thereof.”.

15. Article 49 is amended as follows:

“Article 49. Procedures for quarantine of terrestrial animals and products thereof which are temporarily imported, temporarily exported or transited through Vietnamese territory

1. Any organizations/individuals that carries out the temporary import, temporary export or transit through Vietnam of animals and/or animal products included in List of terrestrial animals and products thereof subject to quarantine shall submit an application for quarantine to the Ministry of Agriculture and Environment.

2. Based on the epidemic situation and the epidemic surveillance, veterinary hygiene management systems of the exporting country, the Ministry of Agriculture and Environment shall issue written instructions to relevant organizations and individuals on the quarantine of animals/animal products that are imported, temporarily exported or transited through Vietnamese territory.

3. At the checkpoints, upon a satisfactory declaration, the central-level veterinary authority shall decide and notify the applicant to perform the quarantine as per laws.

4. The Minister of Agriculture and Environment shall specify contents, procedures for quarantine of terrestrial animals and products thereof which are temporarily imported, temporarily exported or transited through Vietnamese territory.”.

16. The title of Article 50 is amended as follows:

“Article 50. Contents for quarantine of terrestrial animals and products thereof which are temporarily imported, temporarily exported or transited through Vietnamese territory”.

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“dd) Regulations on contents, procedures for quarantine of aquatic animals and products thereof that are transported out of a province; exported, imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; aquatic animals participating in fairs, exhibitions, sports competitions, and artistic performances; aquatic animal products participating in fairs and exhibitions; and the transport of pathological samples.”.

18. Article 55 is amended as follows:

“Article 55. Procedures for quarantine of aquatic animals and products thereof that are transported out of a province

1. Organizations and individuals, when transporting aquatic animals and products thereof prescribed in Clause 1, Article 53 of this Law; aquatic breeding animals departed from establishments certified epidemic-free or participate in the program on supervision of epidemic shall send an application for quarantine to provincial-level veterinary authorities.

2. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of aquatic animals and products thereof that are transported out of a province.”.

19. Article 56 is amended as follows:

“Article 56. Procedures and contents of quarantine of aquatic animals and products thereof that are exported not for use as food

1. Exported aquatic animals and products thereof not for use as food included in the List of aquatic animals and products thereof subject to quarantine shall be granted a quarantine certificate before export at the request of the importing country or the owner of the goods; if the importing country or the owner of the goods does not require quarantine, it shall comply with regulations on quarantine of aquatic animals and products thereof that are transported out of a province.

2. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of exported aquatic animals and products thereof that are exported not for use as food.”.

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“Article 57. Quarantine of aquatic animals and products thereof that are exported for use as food

1. Any organizations/individuals wishing to export aquatic animals and products thereof on the List of aquatic animals and products thereof subject to quarantine for use as food shall submit an application for quarantine to the Ministry of Agriculture and Environment.

2. The Minister of Agriculture and Environment shall provide for the contents and procedures for quarantine of exported aquatic animals and products thereof that are exported for use as food.”.

21. Article 58 is amended as follows:

“Article 58. Quarantine of aquatic animals and products thereof that are exported, imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; aquatic animals participating in fairs, exhibitions, sports competitions, and artistic performances; aquatic animal products participating in fairs and exhibitions; and the transport of pathological samples

The quarantine of aquatic animals and products thereof that are exported, imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; aquatic animals participating in fairs, exhibitions, sports competitions, and artistic performances; aquatic animal products participating in fairs and exhibitions; and the transport of pathological samples shall comply with Articles 44, 46, 47, 49, 50, 51 and 52 of this Law.”.

22. Clause 3 of Article 76 is amended as follows:

“3. The commune-level People's Committee shall:

a) Cooperate with competent authorities to organize the construction and implementation of a network of centralized animal slaughterhouses;

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c) Direct and organize the inspection of veterinary activities, settle complaints and denunciations, and handle violations of the law on veterinary according to its competence.”.

23. Clause 1 and Clause 2 of Article 78 are amended as follows:

“1. Veterinary drug must satisfy the requirements for quality according to the technical standards and must be granted marketing authorization certificate of veterinary drugs in Vietnam.

2. Veterinary drugs that have possessed a valid marketing authorization certificate of veterinary drugs in Vietnam shall be exempt from performing a declaration of conformity.”.

24. Article 80 is amended as follows:

“Article 80. Marketing authorization of veterinary drugs

1. Manufacturers and importers of veterinary drugs shall register for marketing authorization of veterinary drugs with the Ministry of Agriculture and Environment in the following cases:

a) New veterinary drugs manufactured domestically;

b) Veterinary drugs imported into Vietnam for initial trading or manufacture.

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3. The Minister of Agriculture and Environment shall specify the procedures for issuance of marketing authorization certificates for veterinary drugs in Vietnam.“

25. Article 81 is amended as follows:

“Article 81. Extension of marketing authorization certificates for veterinary drugs

1. Within 03 months prior to the expiry date of the marketing authorization certificate for veterinary drugs, organizations or individuals shall submit an extension application.

2. Marketing authorization certificate for veterinary drugs shall be extended for a term of 05 years.

3. The Minister of Agriculture and Environment shall specify the procedures for extending marketing authorization certificates for veterinary drugs in Vietnam.“

26. Article 82 is amended as follows:

“Article 82. Re-issuance of marketing authorization certificates for veterinary drugs

1. The marketing authorization certificate for veterinary drugs shall be reissued in the following cases:

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b) Errors; changes in product information that do not affect the quality of the veterinary drug or information related to the manufacturer or marketing authorization of the veterinary drug.

2. The registration for re-issuance of the marketing authorization certificate of the veterinary drugs for the cases prescribed in point a Clause 1 of this Article shall be implemented as the first-time registration.

3. The Minister of Agriculture and Environment shall specify the procedures for reissuance of marketing authorization certificates in Vietnam.”

27. Article 85 is amended as follows:

“Article 85. Issuance of Veterinary drug testing licenses 

1. Organizations and individuals shall apply for Veterinary drug testing licenses with the Ministry of Agriculture and Environment.

2. The Veterinary drug testing license shall be valid for a term of 05 years.

3. The Minister of Agriculture and Environment shall specify the procedures for issuance of Veterinary drug testing licenses.”.

28. Article 86 is amended as follows:

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1. A Veterinary drug testing license shall be re-issued if it is incorrect or there is change in name of drug or information of the applicant.

2. The Minister of Agriculture and Environment shall specify the procedures for reissuance of Veterinary drug testing licenses.”.

29. Point a Clause 1 of Article 91 is amended as follows:

“a) Manufacture and trade veterinary drugs that are granted the marketing authorization certificate in Vietnam;”.

30. Clause 1 of Article 94 is amended as follows:

“1. Satisfy the requirements specified in Clauses 2 and 3, Article 92 of this Law.”.

31. Point d Clause 1 of Article 95 is amended as follows:

“d) They are entitled to import and trade veterinary drugs that have been granted a marketing authorization certificate in Vietnam and have other rights in accordance with the provisions of law.”.

32. Article 96 is amended as follows:

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1. The Chairperson of the Provincial People’s Committee shall issue, re-issue, extend, and revoke Certificates of eligibility to manufacture veterinary drugs, except for manufacture of veterinary drugs in the form of pharmaceuticals or vaccines.

2. The Minister of Agriculture and Environment shall issue, re-issue, extend, and revoke Certificates of eligibility to manufacture veterinary drugs in the form of pharmaceuticals or vaccines.

3. A Certificate of eligibility to manufacture veterinary drugs shall be revoked in the following cases:

a) It is erased or has its contents modified;

d) Veterinary drug manufacture activities are no longer maintained;

c) Other violations occur for which the law stipulates that the Certificate of eligibility to manufacture veterinary drugs must be revoked.

4. The Government shall specify regulations on issuance, re-issuance, extension, and revocation of Certificates of eligibility to manufacture veterinary drugs.".

33. Article 97 is amended as follows:

“Article 97. Issuance, re-issuance, extension, and revocation of Certificates of eligibility to trade veterinary drugs

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2. A Certificate of eligibility to trade veterinary drugs shall be revoked in the following cases:

a) It is erased or has its contents modified;

b) Veterinary drug trading activities are no longer maintained;

c) Other violations occur for which the law stipulates that the Certificate of eligibility to trade veterinary drugs must be revoked.

3. The Government shall specify regulations on issuance, re-issuance, extension, and revocation of Certificates of eligibility to trade veterinary drugs.".

34. Article 98 is amended as follows:

“Article 98. Issuance, re-issuance, extension, and revocation of Certificates of eligibility to import veterinary drugs

1. The Chairperson of the Provincial People’s Committee shall issue, re-issue, extend, and revoke Certificates of eligibility to import veterinary drugs

2. A Certificate of eligibility to import veterinary drugs shall be revoked in the following cases:

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d) Veterinary drug import activities are no longer maintained;

c) Other violations occur for which the law stipulates that the Certificate of eligibility to import veterinary drugs must be revoked.

3. The Government shall specify regulations on issuance, re-issuance, extension, and revocation of Certificates of eligibility to import veterinary drugs.".

35. Some Clauses of Article 100 are amended as follows:

a) Clause 4 is amended as follows:

“4. Importers of vaccine or microorganism prescribed in Clause 1 of this Article and veterinary drugs/veterinary drug materials specified in clauses 2 and 3 of this Article shall submit an application for importing veterinary drugs/veterinary drug materials to the Ministry of Agriculture and Environment.

The Minister of Agriculture and Environment shall specify the procedures for registration of import of veterinary drugs/veterinary drug materials.”;

b) Clause 6 is amended as follows:

“6. The Chairperson of the Provincial People’s Committee shall organize the inspection of quality of imported veterinary drugs at border gates in accordance with law.”.

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“Article 109. Issuance, re-issuance, and extension of Veterinary practice certificates

1. The Chairperson of the Provincial People’s Committee shall issue, reissue, and extend Veterinary practice certificates as prescribed in Article 107 of this Law.

2. A Veterinary practice certificate shall be valid for 05 years.

3. The Government shall specify the procedures for the issuance, re-issuance, and extension of Veterinary practice certificates.”.

37. The following clauses, points, and phrases are hereby annulled:

a) Annul Clause 10, Article 8; Clause 2, Article 9; Clause 4, Article 25; Clause 4, Article 27; Clause 5, Article 33; Clause 4, Article 35; Article 42; Article 45; Article 48; Clause 4, Article 62; Point b, Clause 2, Article 73; Clause 2, Article 76; Point b, Clause 4, Article 78; Clause 2, Article 88; Clause 1 and Clause 6, Article 90; Clause 1, Article 92; Clause 2, Article 99; Point b, Clause 1, Article 108; and Article 110;

b) Remove the phrase “inspection” from Point i, Clause 2, Article 8.

38. The following phrases are hereby replaced:

a) Replace the phrase “nhân viên thú y xã, phường, thị trấn” (“veterinary staff of communes, wards, commune-level towns”) with the phrase “nhân viên thú y cấp xã” (“commune-level veterinary staff”) in Point h, Clause 2, Article 8; replace the phrase “nhân viên thú y cấp xã” with the phrase “thú y xã" (both mean "commune-level veterinary staff") in Clause 1 and Clause 2, Article 19; Clause 2, Article 20; Point d, Clause 1, and Clause 2, Article 25; Clause 8 and Point b, Clause 9, Article 27; Point d, Clause 1, Clause 2, and Point a, Clause 4, Article 33;

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c) Replace the phrase “Ministry of Information and Communications” with the phrase “Ministry of Culture, Sports and Tourism” in Clause 9, Article 8;

d) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 11, Article 8;

dd) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 2 Article 114;

e) Replace the phrases “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Point a, Clause 3, Article 7; Article 8; Clause 2, Article 11; Clause 6, Article 15; Clause 3, Article 17; Clause 4 and Clause 5, Article 18; Clause 4, Article 19; Clause 1, Article 20; Point a, Clause 1, and Clause 2, Article 22; Clause 6, Article 26; Point c, Clause 1, Clause 2, and Point d and  Point dd, Clause 3, Article 27; Clause 2, Article 28; Clause 2 and Clause 8, Article 30; Clause 1, Article 31; Clause 4, Article 32; Clause 2 and  Point dd and Point e, Clause 3, Article 35; Clause 3, Article 37; Clause 3 and Clause 4, Article 40; Clause 3, Article 53; Clause 1, Article 61; Article 74; Clause 4, Article 78; Clause 1, Article 84; Point c, Clause 1, Article 87; Point b, Clause 3, Article 100; Clause 5, Article 101; and Clause 2 and Clause 4, Article 114.

Article 13. Amendments to certain Articles of the Law on Irrigation

1. Clause 1 of Article 21 is amended as follows:

“1. Responsibilities for management of state-funded irrigation projects shall be subject to the following provisions:

a) The Ministry of Agriculture and Environment shall manage particularly important irrigation works;

b) The Ministry of Agriculture and Environment and Provincial People’s Committees shall manage irrigation works whose operation and protection involve at least 02 provincial-level administrative divisions according to the list prescribed by the Minister of Agriculture and Environment;

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2. Clause 3 of Article 24 is amended as follows:

“3. The authority to approve and disclose the operational process of irrigation works is prescribed as follows:

a) The Minister of Agriculture and Environment shall approve and disclose the operational process of particularly important irrigation works and irrigation works whose operation and protection involve at least 02 provincial-level administrative divisions;

b) Chairpersons of Provincial People’s Committees shall perform or assign commune-level People’s Committees to approve and disclose the operational process of irrigation works in their communes, except for the cases prescribed in point a of this Clause and Clause 4 of this Article.”.

3. Some Clauses of Article 41 are amended as follows:

a) Clause 3 is amended as follows:

“3. Chairpersons of Provincial People’s Committees shall approve plans for protection of irrigation works or assign Chairpersons of commune-level People’s Committees to approve plans for protection of irrigation works in their communes, except for irrigation works prescribed in Clause 4 of this Article.”;

b) Clause 5 is added after Clause 4 as follows:

“5. The Government shall elaborate this Article.”.

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“2. Chairpersons of Provincial People’s Committees shall perform or assign Chairpersons of commune-level People’s Committees to issue operational licenses within the protection scope of irrigation works.”.

5. Some Clauses of Article 52 are amended as follows:

a) Clause 1 is amended as follows:

“1. The transfer and withholding of the right to manage and operate state-invested small-scale and inter-field irrigation works shall be decided by the owner in the form of transfer or withholding the works, ensuring compliance with the law on irrigation and other relevant laws.”;

b) Clause 4 is added after Clause 3 as follows:

“4. The Minister of Agriculture and Environment shall elaborate this Article.”.

6. Clause 3 of Article 57 is amended as follows:

“3. The commune-level People's Committee shall:

a) Organize the implementation of legislative documents on irrigation;

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c) direct the operations of organizations and individuals managing, exploiting, and protecting irrigation works in the commune;

d) organize the implementation of the duties of grassroots irrigation organizations in cases where such organization has not been established;

dd) mobilize local resources in accordance with laws to handle incidents of irrigation works;

e) organize statistics, formulation, and management of irrigation databases;

g) raise public awareness of law on irrigation;

h) inspect the implementation of license contents for irrigation work protection activities;

i) provide periodic and ad-hoc reports on irrigation activities in the commune;

k) inspect and handle violations; receive citizens and settle complaints and denunciations regarding irrigation.”.

7. The following clauses, points, and phrases are hereby annulled:

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b) Remove the phrase “, planning” in Article 1 and the title of Chapter II;

c) Remove the phrase "district-level People’s Committees," in Clause 3, Article 48;

d) Remove the phrase “Ministry of Natural Resources and Environment,” in Point c, Clause 2, Article 56;

dd) Remove the phrase “Inspection,” in Point p, Clause 2, Article 56.

8. Certain phrases are replaced in the following clauses and points:

a) Replace the phrase “irrigation planning” with the phrase “planning in accordance with the law on planning” in point a, Clause 1, Article 17;

b) Replace the phrase “approved irrigation planning” with the phrase “sectoral planning, regional planning, detailed sectoral planning, and provincial planning relevant to irrigation” in Clause 1 Article 47;

c) Replace the phrase “irrigation planning” with the phrase “relevant planning on irrigation” in Clause 2, Article 2 and Point a, Clause 1, Article 5; replace the phrase “irrigation planning” with the phrase “detailed sectoral planning, provincial planning relevant to irrigation, urban and rural planning” in Clause 1, Article 49; replace the phrase “planning on natural disaster management and irrigation, irrigation planning” with the phrase “planning relevant to irrigation” in Point a, Clause 2, Article 56; replace the phrase “national sectoral planning” with the phrase “sectoral planning” in Point d, Clause 2, Article 56;

d) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 11, Article 2; Clause 3 and Point a, Clause 4, Article 9; Clause 3, Article 10; Clause 5, Article 24; Clause 3, Article 33; Clause 2, Article 35;  Point dd, Clause 2, Article 42; Clause 3, Article 43; Point b, Clause 3 and Clause 5, Article 45; Clause 6, Article 50; Clause 2 and Clause 3, Article 56; and Point k, Clause 1, Article 57.

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1. Clause 3 of Article 11 is amended as follows:

“3. Contents, competence, formulation, appraisal, approval, disclosure, implementation, assessment, and adjustment of the planning for protection and exploitation of aquatic resources shall comply with the law on planning.”.

2. Clause 4 and point a Clause 5 of Article 13 are amended as follows:

“4. The Minister of Agriculture and Environment shall:

a) Provide criteria for determining fisherise and fishing gear banned from use in commercial fishing and the list of areas banned from commercial fishing for a fixed term;

b) Issue the List of fisherise and fishing gear banned from use for aquatic resource exploitation in offshore waters;

c) Issue the List of areas banned from aquatic resource exploitation for a fixed term in offshore waters, in both inshore and offshore waters; and inshore or inland waters whose scope is within at least 02 provincial-level administrative divisions.

5. The provincial-level People's Committee shall:

a) Issue the List of fisheries and fishing gear banned from aquatic resource exploitation, List of areas banned from aquatic resource exploitation for a fixed term in coastal waters, inshore waters, and inland waters, based on the criteria for determining fisheries, fishing gear, and areas banned from aquatic resource exploitation of the Minister of Agriculture and Environment;”.

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“3. Establishment of national marine protected areas:

a) The Minister of Agriculture and Environment shall decide on the establishment on marine protected areas located at least 02 provinces and marine protected areas where the scope is wholly located outside the provincial administrative boundaries;

b) Chairpersons of Provincial People’s Committees shall decide on the establishment on marine protected areas wholly located within the administrative boundaries of their provinces; and marine protected areas where the scope is partially located inside the administrative boundaries of their provinces.

4. The Minister of Agriculture and Environment shall specify regulations on management of marine protected areas;

5. The person having authority to establish a marine protected area shall issue the Regulation on management of marine protected areas under their jurisdiction.”.

4. Clause 2 and Clause 3 of Article 17 are amended as follows:

“2. The authority to issue the List of aquatic resource protection areas is prescribed as follows:

a) The Minister of Agriculture and Environment shall issue the List of aquatic resource protection areas where the scope is located in at least 02 provinces;

b) Chairpersons of Provincial People’s Committees shall issue the List of aquatic resource protection areas in coastal waters, inshore waters, and inland waters under their management;

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5. Some points and Clauses of Article 23 are amended as follows:

a) Point b Clause 1 is amended as follows:

b) It has declaration of applied standards in accordance with regulations;”;

b) Point a Clause 2 is amended as follows:

“a) Provide regulations on the duration for using broodstock; issue the List of aquatic species permitted for trading in Vietnam;”.

6. Some points and Clauses of Article 28 are amended as follows:

a) Point a Clause 2 is amended as follows:

“a) It has technical staff who possess a university degree or higher in aquaculture, aquatic pathology, or biology;”;

b) Clause 4 is amended as follows:

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7. Some points and Clauses of Article 31 are amended as follows:

a) Point a Clause 1 is amended as follows:

a) It has declaration of applied standards in accordance with regulations;”;

b) Point a Clause 2 is amended as follows:

“a) Issue national technical regulations on aquatic feed and aquaculture environmental treatment products in accordance with regulations;”;

8. Point b Clause 1 of Article 37 is amended as follows:

b) Perform the declaration of applied standards in accordance with regulations;”.

9. Clause 3 of Article 40 is amended; Clause 4 is added after Clause 3 of Article 40 as follows:

“3. The Minister of Agriculture and Environment shall specify procedures for certifying the origin of the aquatic species prescribed in Clause 2 of this Article.

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10. Article 44 is amended as follows:

“Article 44. Allocation of sea areas for aquaculture

1. Organizations and individuals performing aquaculture at sea shall have a aquaculture plan or project and be allocated a marine area for aquaculture by a competent authority/person.

2. The allocation of sea areas for aquaculture shall comply with national marine spatial planning, the master plan on exploitation and use of coastal resources, provincial planning, law on fisheries, and law on sea and islands; ensuring national security and defense.

3. Cases exempt from fees for use of aquaculture sea areas:

a) Vietnamese individuals who switch from inshore fishing to aquaculture under a decision issued by a competent authority and whose aquaculture area is located within the 3-nautical-mile area measured from the MLLW line of the mainland or the island;

b) Vietnamese individuals residing in a commune-level administrative division unit whose primary income is from aquaculture and whose aquaculture area is located within the 3-nautical-mile area measured from the MLLW line of the mainland or the island.

4. The duration for allocating a sea area for aquaculture shall not exceed 50 years from the effective date of the decision on area allocation. Upon expiry of the allocation term, if the organization or individual wishes to continue using the allocated area, the State of Vietnam shall consider an extension. The extension may be granted multiple times, provided the total extension period shall not exceed 20 years.

5. The Government shall elaborate this Article.”.

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“2. Individuals who are allocated sea areas for aquaculture as prescribed in Clause 3, Article 44 of this Law shall have the rights prescribed in Clause 1 of this Article and the right to mortgage assets under their ownership attached to the allocated marine area at credit institutions in accordance with the provisions of law.”.

12. Some points and Clauses of Article 50 are amended as follows:

a) Clause 2 is amended as follows:

“2. The Government shall specify conditions for issuance of Commercial fishing licenses.”;

b) Point d is amended; point dd is added after point d Clause 5 as follows:

“d) It fail to fully satisfy the conditions for issuance of Commercial fishing licenses as prescribed by the Government;

dd) Other cases as prescribed by the Government.”.

13. Clause 2 of Article 55 is amended as follows:

“2. There are investment registration certificates issued by competent authorities or cooperation projects on fisheries exploitation approved by the Minister of Agriculture and Environment, or a cooperation project on investigation and assessment of aquatic resources, technical training, technology transfer in fisheries, or purchase and transport of aquatic products within Vietnam’s maritime boundary that have been approved by the Minister of Agriculture and Environment or the Chairperson of the Provincial People’s Committee.

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14. Article 63 is amended as follows:

“Article 63. Conditions for fishing vessel building and modification facilities

1. It has suitable facilities, equipment, and personnel

2. It has a quality management system and technological processes that meet requirements.”.

15. Some Clauses of Article 69 are amended as follows:

a) Clause 1 is amended as follows:

“1. The Minister of Agriculture and Environment shall issue, re-issue, and revoke Certificates of eligibility for fishing vessel registry facilities for those under the management of the Ministry of Agriculture and Environment. The Chairperson of the Provincial People’s Committee shall issue, re-issue, and revoke Certificates of eligibility for fishing vessel registry facilities for those located within their provinces. Competent authorities shall conduct inspections of conditions of the fishing vessel registry facility every 24 months.”;

b) Clause 4 is amended as follows:

“4. The Government shall specify the procedures for recognizing eligible fishing vessel registry facilities. The Minister of Agriculture and Environment shall promulgate national technical regulations on classification and building of fishing vessels; ships of fishery authority; provide for standards, training, and retraining for fishing vessel registrars; issue and revoke cards and technical seals for fishing vessel registrars.”.

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“Article 72. De-registration of fishing vessels

The Government shall provide for cases of de-registration of fishing vessels. Upon de-registration, the competent authority shall revoke the fishing vessel registration certificate, delete the vessel's name from the national fishing vessel register, and issue a de-registration certificate to the vessel owner.”.

17. Clause 3 of Article 77 is amended as follows:

“3. Contents, competence, formulation, appraisal, approval, disclosure, implementation, assessment, and adjustment of the fishing ports and storm shelters for fishing vessels shall comply with the law on planning.”.

18. Article 78 is amended as follows:

“Article 78. Classification, opening, and closing of fishing ports

1. Classification of fishing ports:

a) Class I fishing ports;

b) Class II fishing ports;

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2. The Minister of Agriculture and Environment shall elaborate criteria for Class I, Class II, and Class III fishing ports and the conditions, competence, and procedures for opening and closing fishing ports.”.

19. The following phrases are added:

a) Add the phrase “, innovation” after the phrase “Development of science and technology” in Point a, Clause 2, Article 6; and after the phrase “technological development” in Clause 3, Article 8; and Point e, Clause 2, Article 101;

b) Add the phrase “,technological development, and innovation” after the phrase “application of science and technology” in Point a, Clause 1, Article 14;

c) Add the phrase “and regulations of the Government” after the phrase “at the request of the importing country” in Clause 1, Article 66.

20. The following clauses, points, and phrases are hereby annulled:

a) Annul Clause 2, Article 11; Clause 3, Article 38; Article 39, and Article 79;

b) Remove the phrase “submit to the Prime Minister” in Point a, Clause 3, Article 12 and Point a, Clause 3, Article 13;

c) Remove the phrase “submit to the Prime Minister” in Point b, Clause 3, Article 13;

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dd) Remove the phrase “inspection,” in Point a, Clause 1 and Point a, Clause 2, Article 88; Point a, Clause 3, Article 90; and Point l, Clause 2, Article 101;

e) Remove the phrase “on the basis of approval by the Prime Minister” in Point c, Clause 3, Article 27 and Point c, Clause 3, Article 98;

g) Remove the phrase " district-level and" from the opening of Clause 2 Article 102;

21. The following phrases are hereby replaced:

a) Replace the phrase “district” with the phrase “commune” in Point a and Point b, Clause 2, Article 10;

b) Replace the phrase “the Government” with the phrase “the Minister of Agriculture and Environment” in Clause 10, Article 10; Clause 5, Article 27; Clause 5, Article 36; Point k, Clause 2, Article 57; Clause 4, Article 66; Clause 7, Article 98; and Clause 3, Article 99;

c) Replace the phrase “Prime Minister” with the phrase “Minister of Agriculture and Environment” in Point b, Clause 5, Article 13 and Clause 4, Article 38;

d) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Chairperson of the Provincial People’s Committee” in Clause 2, Article 27; Clause 2, Article 36; and Clause 2 and Clause 3, Article 66;

dd) Replace the phrase “Provincial-level fishery authorities” with the phrase “commune-level People’s Committee” in Clause 2, Article 40;

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Article 15. Amendments to certain Articles of the Law on Crop Production

1. Clause 3 of Article 9 is amended as follows:

“3. Producing and trading plant varieties that do not satisfy the conditions for production or trading; trading in fertilizers that do not satisfy the conditions for trading; producing fertilizers that do not satisfy the conditions for production or have not been granted a certificate of eligibility for fertilizer production.”.

2. Clause 2 of Article 15 is amended as follows:

“2. The validity period of a decision on recognition of circulation of plant varieties is 20 years for annual plant varieties and 25 years for perennial plant varieties. Both may be extended.”.

3. Clause 4 of Article 29 is amended as follows:

“4. The Minister of Agriculture and Environment shall specify procedures for state inspection of the quality of imported plant varieties; and procedures for granting plant variety import permits.”.

4. Clause 1 of Article 40 is amended as follows:

“1. A fertilizer testing organization must ensure the following conditions:

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b) It has adequate facilities and equipment in accordance with national standards on fertilizer testing.”.

5. Article 42 is amended as follows:

“Article 42. Conditions for fertilizer trading

A fertilizer trader must ensure the following conditions:

1. It has a clear and lawful transaction location;

2. Persons directly engaged in fertilizer trading shall participate in training and retraining in fertilizers in accordance with the guidance of the Ministry of Agriculture and Environment, except for cases where they have possessed a intermediate degree or higher in cultivation, plant protection, agro-chemistry and pedology, soil science, agronomy, chemistry, or biology.”.

6. Article 64 is amended as follows:

“Article 64. Planting area codes, packing facility codes

1. A planning area code or packing facility code is an identifier granted to a planning area or a crop product packing facility to control production status and ensure traceability

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3. The Government shall elaborate planting area codes, packing facility codes.”.

7. The following clauses, points, and phrases are hereby annulled:

a) Annul Clause 10, Article 9; Point a, Clause 3, Article 15; Point a, Clause 1 and Clause 3, Article 22; Clause 3, Article 25; Clause 5, Article 29; Point c and Point d, Clause 2, Article 41; Point h, Clause 2, Article 44; Clause 2, Article 45; Article 49; and Article 57;

b) Remove the phrase “infrastructure,” in Point b, Clause 1, Article 22;

c) Remove the phrase “inspection” in Point g, Clause 2, Article 82;

d) Remove the phrase "district-level People’s Committees," in Clause 2, Article 83;

8. Certain phrases are replaced in the following clauses and points:

dd) Replace the phrase “the Government” with the phrase “the Minister of Agriculture and Environment” in Clause 2, Article 12; Clause 8, Article 15; Clause 3, Article 16; Clause 3, Article 17; Clause 7, Article 24; Clause 3, Article 27; Clause 3, Article 28; Clause 5, Article 36; Clause 4, Article 37; Clause 3, Article 38; Clause 3, Article 44; and Clause 4, Article 45;

d) Replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Clause 3, Article 5; Clause 3, Article 7; Clause 4, Article 8; Clause 6, Article 13; Clause 4, Article 20; Clause 3, Article 26; Clause 3, Article 29; Clause 2, Article 46; Point i, Clause 2, Article 52; Clause 3, Article 54; Clause 3, Article 59; Clause 2, Article 70; Clause 3, Article 71; Clause 3, Article 76; and Clause 2 and Clause 3, Article 82;.

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Article 16. Implementation clauses

1. This Law shall come into force from January 01, 2026, except for the cases prescribed in Clause 2 and Clause 3 of this Article and relevant provisions in Article 17 of this Law.

2. The formulation of integrated planning for water resources and irrigation infrastructure for inter-provincial river basins as prescribed in Point a, Clause 3, Article 10 of this Law shall be implemented from January 01, 2027.

3. Clause 4, Article 40 of the Law on Fisheries No. 18/2017/QH14, as amended and supplemented by Law No. 31/2024/QH15 and Law No. 43/2024/QH15, and further amended and supplemented in Clause 9, Article 14 of this Law, shall come into force from July 01, 2026.

4. Annul Point a, Clause 4, Article 182 of Land Law No. 31/2024/QH15, as amended and supplemented by Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15, Law No. 95/2025/QH15, Law No. 116/2025/QH15, and Law No. 130/2025/QH15.

Article 17. Transition clauses

1. Legislative documents, administrative documents issued by regulatory agencies, competent persons before January 01, 2026 shall continue to remain in effect until the competent authority/person issue replacements in accordance with the provisions of this Law.

2. Regulations on administrative procedures which are implemented under the laws amended and supplemented by this Law shall continue to be implemented until the competent authority/person issue replacements in accordance with the provisions of this Law.

3. Documents, licenses, and certificates which are results of administrative procedure settlements issued by competent authorities/persons before January 01, 2026 and have not expired or reached the end of their duration shall be used for the validity period specified in such documents, licenses, or certificates.

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4. In the case where an application for administrative procedures is submitted before January 01, 2026 but its result has not been issued, regulations at the time of receipt shall apply, unless the organizations or individuals request handling under the provisions of this Law.

5. By June 30, 2026, competent authorities and persons shall forward documents or transfer data that have been completed or are under handling related to administrative procedures to the assigned authorities/persons specified in this Law.

6. Replacement afforestation funds of provincial-level forest protection and development funds for which no spending plan has been made before January 01, 2026, the provincial People’s Committees shall review the implementation in accordance with Article 21 of the Law on Forestry No. 16/2017/QH14, as amended and supplemented by Law No. 16/2023/QH15, Law No. 31/2024/QH15, further amended and supplemented in Clause 6, Article 8 of this Law.

7. Household forest owners who were allocated or leased forest by the State before January 01, 2026 shall continue to implement such allocation or lease until the end of validity period and perform the rights and obligations prescribed in Articles 81, 82, 83, 84, and 85 of the Law on Forestry No. 16/2017/QH14, as amended and supplemented by Law No. 16/2023/QH15 and Law No. 31/2024/QH15.

8. In cases where special-use forest areas or protection forest areas had the economic-technical arguments or forest establishment projects approved by competent authorities before January 01, 2019, the procedures for establishing special-use or protection forests are not required.

9. Marine protected areas that were established/determined in the planning for protection and exploitation of aquatic resources before January 01, 2026 shall continue to operate/be established until the administrative boundaries at sea are determined and a decision to establish the marine protected area is issued by the competent authority.

10. Decisions on recognition of circulation of plant varieties, Decisions to extend the recognition of circulation of plant varieties, Decisions to recognize new plant varieties, and Decisions to grant special recognition for genetically modified plant varieties issued by competent authorities before January 01, 2026 shall continue to be valid for 20 years for annual plant varieties and 25 years for perennial plant varieties, starting from the date the Decision was issued. The extension of recognition of circulation of plant varieties shall comply with Law on Crop Production No. 31/2018/QH14, as amended and supplemented by this Law.

11. Plant varieties included in the List of plant varieties permitted for production and trading which do not have a Decision recognizing a new plant variety shall be permitted to continue production and trading for 20 years (for annual plant varieties) or 25 years (for perennial plant varieties), starting from the effective date of the List of plant varieties permitted for production and trading. Such circulation recognition may be extended in accordance with the Law on Crop Production No. 31/2018/QH14, as amended and supplemented by this Law.

12. A dike planning or flood control planning for river systems with dikes as specified in items 8 and 9 of Appendix II of the Law on Planning No. 21/2017/QH14 that has its consulting organization selected but has not been approved and appraised before January 01, 2026 shall be implemented in accordance with the law applicable at the time of consulting organization selection until it is replaced by a planning for dikes and flood control for river routes with dikes under this Law. The competence to approve such planning shall follow the provisions on competence to approve planning for dikes and flood control for river routes with dikes specified in this Law.

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Chairpersons of Provincial People’s Committees shall organize quality inspections of imported veterinary drugs from January 01, 2027. In cases where a local authority connects to the National Single Window administrative procedure system for state quality inspection of imported veterinary drugs before December 31, 2026, the Chairperson of the Provincial People’s Committee shall organize the quality inspection of imported veterinary drugs from the date of connection.

14. The Government shall provide for other transitional cases in accordance with the provisions of this Law

This Law was ratified by the 10^th meeting of the 15^th National Assembly of Socialist Republic of Vietnam on December 11, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man