STATE MANAGEMENT MEASURES TO CONTROL ENVIRONMENTAL SUSTAINABILITY CRITERIA IN INDUSTRIAL ZONES IN VIETNAM

ABSTRACT

On that basis, the author proposed solutions to raise awareness of implementation and improve efficiency of the application of legal provisions on environmental protection of enterprises in industrial zones. The research results show that many enterprises have been investigated and handled because of their violation of the law on environmental protection, their poor awareness of environmental protection, for profit and immediate benefits without performing well environmental protection. On the other hand, the inadequacy of the law, the lax of management, inspection and inspection of environmental protection activities in industrial zones by the competent authorities are the reasons leading to the above situation in industrial zones.

АННОТАЦИЯ

В этой статье автор предложил решения для повышения осведомленности о реализации и повышения эффективности применения правовых положений о защите окружающей среды предприятий в промышленных зонах. Результаты исследований показывают, что многие предприятия были исследованы и обработаны из -за их нарушения закона об охране окружающей среды, их плохой осведомленности о защите окружающей среды, за прибыль и немедленные выгоды без обеспечения хорошо защиты окружающей среды. С другой стороны, неадекватность закона, слабый управление, проверка и проверка деятельности по охране окружающей среды в промышленных зонах компетентными органами, являются причинами, ведущей к вышеуказанной ситуации в промышленных зонах.

Keywords: State management, Environmental management, Sustainable environmental control, Industrial zones.

Ключевые слова: управление государством, управление окружающей средой, устойчивый экологический контроль, промышленные зоны

According to the report of the Ministry of Natural Resources and Environment, after nearly 30 years of construction and development, in Vietnam has formed 375 industrial zones with a total area of about 97.8 thousand hectares. Among them, 280 industrial parks have been put into operation, attracting 9,114 domestic projects, 9,022 FDI projects, with a total registered capital of about 2 million billion VND and 183.2 billion USD (World Bank, 2008).Along with the positive economic results, water pollution caused by wastewater from industrial zones in recent years is huge, this rate of increase is much higher than the total wastewater from other sectors. Most businesses today are using similar tricks, building solid underground systems to discharge straight into rivers, canals, for example, Hao Duong, Pham Thu, Tuong Trung, Tan Nhat Dung companies in Ho Chi Minh City, or take advantage of high and low tides to dilute untreated wastewater into the environment.

These assessments show that enterprises are fully aware that their production activities are always capable of causing high level of environmental pollution. However, the attitude is still hesitant to avoid when the majority only receive in moderation. One issue that is assessed is corporate awareness of its environmental responsibilities and obligations. Accordingly, 86% of enterprises surveyed said that environmental protection is a compulsory and must-comply obligation. In addition, environmental protection also brings other benefits, according to the majority of businesses (about 61%) considering building a good image in the eyes of consumers is the most important driving force for them to invest in environmental protection, followed by building a good corporate image with authorities accounting for 15%, workers' health protection accounts for 14% and other motivations account for less than 10%. This is also very easy to explain because a positive image in the eyes of consumers has a direct impact on the revenue and profit of the business. Therefore, this is a factor for corporate environmental management to be paid special attention to.

Shortcomings and limitations in state management of environment in industrial zones.

First, the awareness of the authorities at all levels, unions and people about the law and law enforcement on environmental protection in the industrial zone is not enough. The authorities at all levels are not fully aware of the importance of environmental protection in the country's sustainable development strategy, therefore, there remains a large gap between awareness and action, between commitment and implementation. Especially in the direction and administration of the idea of "giving priority to economic growth and disregarding the requirements for environmental protection" is quite popular. Consciousness of observing the law on environmental protection of production and business households, especially the production and business households of the craft village do not comply with the regulations. The sense of responsibility for environmental protection of many factories, factories, business establishments is still low, not actively and voluntarily perform environmental protection responsibilities and obligations, the majority of businesses for profit do not fulfill their responsibilities in protecting the environment.

Second, the quality of construction and completion of legislation on environmental protection in industrial parks is limited, the legal document system lacks uniformity and is not completely consistent with the socio-economic life of the country. Although the legal system for environmental protection has been formed, there are still many shortcomings in general and still principle, incomplete, or if there are regulations, is not enough to protect the environment, specifically, there are no clear regulations on waste recycling, pollution remediation, and environmental rehabilitation and restoration. Some regulations in the issued documents are not consistent with the current documents, but have not been promptly amended and supplemented.

Regulations on environmental protection in industrial parks are scattered in many legal documents, many regulations have dissimilar or even contradictory content. There has not been a favorable legal and environmental corridor to encourage and develop an environmental service industry and environmentally friendly products, ack of compensation mechanism for damages caused by environmental pollution, as well as measures to resolve environmental conflicts. Although the Penal Code has regulations on environmental crimes, it is incomplete and specific, so it has not been effectively deployed in practice. The problem of handling law violations in the field of environmental protection in industrial zones has not been given due attention and is somewhat overlooked. Therefore, there is a lack of awareness in the process of researching, building and implementing the law on environmental protection in the industrial park. The sanctions for handling violations of the law on environmental protection in industrial parks are not strong enough, and the fines are not enough to discourage the intentionally violating production establishments and enterprises. This is one of the main reasons leading to the increasing violation of the law on environmental protection in industrial parks.

Third, the state management apparatus organization is not suitable, the functions and tasks overlap, the state management efficiency is not high. Although the State management apparatus on the environment has been completed, is still not synchronous and unified from the central to local levels, not commensurate with the functions and tasks assigned, have not effectively addressed inter-branch, inter-regional, inter-national, not on par with the environmental protection requirements of the period of accelerating national industrialization and modernization in the context of climate change. The assignment of state management tasks on environmental protection is still fragmented, overlapping and unreasonable, especially in water pollution control and waste management. Responsibility to manage water resources is assigned to many ministries and branches: Ministry of Agriculture and Rural Development; Ministry of Natural Resources and Environment; Provincial People's Committees. Therefore, there will be overlap in state management functions, and administrative document conflicts from these agencies. The system of natural resources and environment management agencies is uniformly organized from the central to the district level, namely, the Division of Natural Resources and Environment. However, at the commune level, the task of managing natural resources and the environment in general, and water resources in particular has not been specifically decentralized. In each commune, ward, there is only one cadastral official who mainly performs land management, while environmental management is part-time, and has almost no specialized knowledge of environmental protection. Therefore, the task of managing environmental resources at the commune level has not been implemented

Fourth, the technical facilities for environmental protection have not been properly developed and invested, so the inspection and supervision of discharge activities into the environment in the industrial park are still limited, therefore, it is not possible to predict environmental incidents in advance. Recently, cases of violating the law on environmental protection in industrial zones have left serious consequences, but unfortunately only detected when the problem has occurred. Reporting regime provides information data on water resources, water sources, on water exploitation and use, and the discharge into water sources by sectors, localities and organizations and individuals have not been respected.

1. Recommendations at the central level

Firstly, it is necessary to synchronize the legal system of environmental protection in industrial zones, amending environmental crimes in the 2015 Penal Code; amending Decree No. 179/2013 / ND-CP dated 14/11/2013 to synchronize with current documents, such as Law on Environmental Protection 2014, Law on Water Resources 2012.

Second, supplement and complete specific legal provisions: to formulate regulations to encourage organizations and individuals to invest in the field of protection of natural resources and environment; to encourage investment in research and use of advanced technologies in production to protect and develop natural resources. To elaborate specific regulations on environmental protection fees, especially those for causing environmental pollution; environmental pollution treatment fee; fees for assessment of environmental impact assessment reports; fees for the renewal of certificates of environmental standards. Accordingly, organizations and individuals will have to pay separate fees depending on the level of environmental pollution. Develop guidelines for determination of damages caused by environmental pollution, including physical damage, health and lives of people directly affected, due to discharge into the environment of the industrial park. Complete regulations of the Penal Code 2015, on criminal liability of legal entities, heads of legal entities for environmental crimes. Amending and supplementing forms of administrative sanctions against violations of the law on environmental protection, accordingly, the fine will be calculated based on the percentage of actual damage inflicted, on the principle that the larger the damage, the higher the penalty ratio. Develop regulations on handling polluting and polluting production facilities and policies to relocate polluting establishments into industrial parks. o do this, the State needs to develop strong enough sanctions to handle businesses that do not invest in a centralized wastewater treatment system.

Third, continue to amend and complete the regulations on the management of industrial parks to suit the local real situation, in which, focusing on economic development to meet the requirements of environmental protection through investment in clean technology, encouraging production of environmentally friendly products, investing and training human resources with environmental proficiency and expertise for both management agencies and enterprises; to build and perfect the apparatus of the Industrial Park Development Center; to formulate and perfect a mechanism for coordination between the Industrial Park Development Center and state management agencies.

Fourthly, organizing basic investigation to assess the current status of production and use of chemicals, forecasting environmental changes of waste in a number of areas with many industrial parks to propose treatment solutions.

Fifth, improve the implementation organization capacity, as well as the project appraisal capacity of the specialized staff, to soon bring the environmental protection policies to life.

2. Recommended at the local level

Firstly, strengthening the management and control of water pollution in enterprises, requiring enterprises to comply with the 2014 Law on Environmental Protection; building environmental management system for the industrial park; support enterprises to change technologies to thoroughly handle environmental pollution or relocate to industrial zones. Proposing and assigning full-time staff to protect the industrial park's environment, not doing many things concurrently.

Second, building and promulgating environmental protection regulations for the operation of the industrial park. Research and develop mechanisms to encourage enterprises to invest in advanced technology and equipment, and apply environmental treatment technologies in production; at the same time improving the capacity of the environmental management apparatus in the industrial zones.

Third, step by step build environmental monitoring systems in industrial zones. Develop mechanisms and establish environmental services for the operation of industrial parks.

Fourthly, building regulations, mechanisms, creating conditions for businesses to access preferential loans from banks in the development of environmental protection funds of investment projects, with the aim of preventing, minimizing and treating pollution to improve environmental quality, overcoming environmental incidents in industrial parks.

Fifth, for enterprises investing in building new infrastructure of industrial parks, it is imperative to deploy the construction of centralized wastewater treatment plants, at the same time with the construction of infrastructure of the industrial park, with the investment in modular (single unit) treatment.

Sixthly, there are regulations that restrict investment projects with outdated technology, with the risk of causing environmental pollution, low efficiency of resource use.

References:

1. Bui, T.N., Kawamura, A., Amaguchi, H., Bui, D.D., Truong, N.T. (2016) Environmental sustainability assessment of groundwater resources in Hanoi, Vietnam by a simple AHP approach. J. J. Soc. Civ. Eng., Ser. G (Glob. Environ. Res.) p.72, I137–I146. // URL: https://doi.org/10.2208/jscejer.72.I_137. (date of application 23.01.2024)
2. Bui, T.N., Kawamura, A., Amaguchi, H., Bui, D.D., Truong, N.T., Nakagawa, K. (2018) Social sustainability assessment of groundwater resources: a case study of Hanoi. Vietnam. Ecol. Indicat. p.93, 1034–1042. // URL: https://doi.org/10.1016/j.ecolind.2018.06.005. (date of application 23.01.2024)
3. Kim, H. (2007) Building an eco-industrial park as a public project in South Korea. The stakeholders’ understanding of and involvement in the project. Sustain. Dev. p.15, 357–369. // URL: https://doi.org/10.1002/sd.321. (date of application 23.01.2024)
4. The Criminal Code of the Socialist Republic of Vietnam 2015, amendments and additions in 2017 // URL:  https://www.policinglaw.info/assets/downloads/2015_Criminal_Code_of_Vietnam_(English_translation).pdf     (date of application 23.01.2024)