Therefore, it is necessary to examine theoretical issues such as subject, contents, form of implementation of the law on environmental protection, as well as assessing the current situat
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
PHAM THI HOAI THU
IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN INDUSTRIAL
ZONES IN THANH HOA PROVINCE
Trang 2The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences
Supervisor: Assoc Prof Dr Nguyen Van Manh
Reviewer 1: Assoc Prof Dr Le Thi Huong
Reviewer 2: Dr Nguyen Tuan Khanh
Reviewer 3: Dr Tran Thi Hien
The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi
Time: ………… date ……… month …… …year 2020
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
Trang 3INTRODUCTION
1 The necessity of the research topic
In the current period, when the economy is increasingly developing, the issue of environmental protection becomes more and more important and urgent not only for each country but also as a global issue Because, the environment is closely related to human life, and as a special resource Environmental degradation, pollution and incidents are changing environment that has a negative effect on human in global as well as in Vietnam Like many other countries, in the development process, Vietnam has to meet difficulties how to balance economic growth and environmental protection
In fact, violations of the law on environmental protection take place in many fields, areas, especially in the manufacturing sector in industrial zones, craft villages, import, exploitation of forest products, minerals, waste management and treatment, food safety and hygiene For industrial zones, according to the Legislative Research Institute, by the end of 2019, the country had 326 industrial parks, in which some enterprises have installed waste treatment systems but they have always intentionally violated and secretly discharged into the environment by setting a secret and complex system under standard system that is hard to detect such as Vedan Vietnam, Miwon, Hao Duong company, Viet Tri paper company, Formosa Ha Tinh that violated 53 mistakes to the provisions the law on environment in the industrial park Violations of the law on environmental protection are complicated but the implementation of the law on environmental protection still has many problems State management agencies in the field of environment are not really active, lack of facilities and staffs to be the main cause in implementing the law on environmental protection nowadays Thus,
it is necessary to improve mechanisms to effectively control the implementation of the law on environmental protection in industrial
Trang 4zones including the completion of provisions of the law on this issue How to implement the law on environmental protection in industrial zones to preserve a green and clean environment and ensure the people’s right to live in a clean environment while simultaneously having conditions for the country’s economic development
In Thanh Hoa province, on the basis of the law on environmental protection, the authorities at all levels have issued documents and implemented the law on environmental protection in industrial zones But, in general, implementation of the law on environmental protection is still weak and limited, and the achieved results have not met the requirements Therefore, it is necessary to examine theoretical issues such as subject, contents, form of implementation
of the law on environmental protection, as well as assessing the current situation and proposing solutions to ensure the implementation of the law on environmental protection in industrial zones in Thanh Hoa province as well as across the country
From the above analysis, the author has conducted the research
titled “Implementation of the law on environmental protection in industrial zones in Thanh Hoa province” as her doctoral dissertation
in law so that contribute to ensuring the implementation of the law on environmental protection in industrial zones across the country in general, and in Thanh Hoa province in particular
2 Research purpose and tasks
2.1 Research purpose
On the basis of clarifying the theoretical issues and assessing the real situation of implementing the law on environmental protection in industrial zones and the practice of implementing the law on environmental protection in industrial zones in Thanh Hoa province, the dissertation aims to propose solutions to ensure implementation
of the law on environmental protection in industrial zones
2.2 Research tasks
Trang 5To fulfill the above purpose, the dissertation tries to address the following tasks:
First, reviewing literature and identifying issues that need to
further examine in this dissertation;
Second, analyzing and clarifying theoretical issues on the
implementation of the law on environmental protection in industrial zones;
Third, analyzing and assessing the real situation of implementing
the provisions of the law on environmental protection in industrial zones in Thanh Hoa province;
Fourth, on the basis of theoretical perception and assessing the
real situation of implementing the law on environmental protection in industrial zones in Thanh Hoa province, the dissertation proposes solutions to ensure the implementation of the law on environmental protection in industrial zones in Vietnam today
3 Research subject and scope
3.1 Research subject
The dissertation examines the theoretical issues and and provisions of the law on implementation of the law on environmental protection in industrial zones, and practice of implementing the law
on environmental protection in industrial zones in Thanh Hoa province
3.2 Research scope
- Regarding the research scope: the study tries to examine the theoretical, legal and practical issues of implementing the law on environmental protection in industrial zones The research site is in Thanh Hoa province over 5 years
- Regarding entities:
+ State management entities including government, Ministry of Natural Resources and Environment, People’s Committees at all levels, Department of Resource and Environment; Resources and
Trang 6Environmental Office; Thanh Hoa Industrial Park Project Management Board
+ Enterprises conducting production and business activities in Thanh Hoa industrial zones
- Regarding forms: the dissertation mentions four forms of implementing the law including compliance with the law, observance
of the law, use of the law and application of the law
4 Methodology and research methods
4.1 Methodology
The dissertation bases on the theoretical basis of the Leninist views, Ho Chi Minh’s thought, viewpoints of the Communist Party of Vietnam on the State, the law on environment, protection of environment and implementation of the law on environment
Marxist-4.2 Research methods
On the basis of the methodology of Marxist-Leninist philosophy,
Ho Chi Minh’s thought, the dissertation utilizes a number of specific research methods such as analysis method, logical method, systematical method, statistics, multi-disciplinary and inter-disciplinary approach in line with each chapter
5 New contributions of the dissertation
The dissertation is a comprehensive, intensive and systematic research work on the implementation of the law on environmental protection in industrial zones and have the following contributions:
First, the dissertation seeks to clarify theoretical basis of the
implementation of the law on environmental protection in industrial zones such as concept, characteristics, roles, contents, forms and conditions to ensure the implementation of the law on environmental protection in industrial zones
Second, the dissertation tries to analyze, make comments and
assess the advantages and limitations of the Implementation of the
Trang 7law on environmental protection in industrial zones in Thanh Hoa province, and then it points out the causes of such advantages and limitations.
Third, the dissertation proposes common and specific views and
solutions to ensure the implementation of the law on environmental protection in industrial zones of the whole country in general, and of Thanh Hoa province in particular in the coming time
6 Scientific and practical significance of the dissertation
- Scientifically: from perspective of jurisprudence, the dissertation seeks to further clarify the theoretical issues on implementation of the law on environmental protection in industrial zones
- The dissertation contributes to supplementing and completing the theory on implementation of the law on environmental protection
in industrial zones The dissertation can be seen as useful reference for other localities in implement the law on environmental protection
in the industrial zones
- Practically: the dissertation is the basis for the competent state agencies to issue the law, amendment and supplement provisions of the law related to the implementation of the law on environmental protection in industrial zones
7 Structure of the dissertation
Besides the introduction and conclusion, references and appendix, the dissertation includes 4 chapters:
Chapter 1: Literature review
Chapter 2: Theoretical issues on implementation of the law on environmental protection in industrial zones
Chapter 3: The reality of the implementation of the law on environmental protection in industrial zones in Thanh Hoa province Chapter 4: Viewpoints and solutions to ensuring implementation
of the law on environmental protection in industrial zones
Trang 8Chapter 1 LITERATURE REVIEW 1.1 Overview of research situation related to the dissertation
1.1.1 Domestic research works
1.1.1.1 Research works on theoretical issues on implementation
of the law on environmental protection in industrial zones
Research works on the implementation of the law on environmental protection in industrial zones have mentioned the concept, characteristics and role of implementing the law on environmental protection in industrial zones, as well as the content forms and conditions to ensure implementation of the law on environmental protection in industrial zones
Regarding the concept of implementing the law on environmental protection in industrial zones in the localities, all authors based on the basic theoretical issues such environment, environmental protection, the law on environmental protection and implementation of the law
on environmental protection
Regarding characteristics of implementing the law on environmental protection and the implementation of the law on environmental protection in industrial zones, previous research works have mentioned the characteristics of entities, content and time for planning, as well as investment in infrastructure and production process of enterprises At the same time, the authors have also analyzed the role of implementing the law on environmental protection in industrial zones in the localities
Conditions and the influencing factors are the basic theoretical content to be analyzed by previous works
1.1.1.2 Research works on the real situation of implementing the law on environmental protection and implementation of the law on environmental protection in industrial zones
Trang 9Authors have mainly assessed the real situation on implementing environmental law of the people, enterprises, and organizations Analyzing the causes leading to the implementation of the law on environmental protection are mainly entities’ awareness of law is not high; lack of investment capital for environmental pollution treatment works; propaganda, dissemination and education of environmental law are still limited; Party committees at all levels and local authorities have not really paid attention to environmental problems
1.1.1.3 Research works on solutions of implementing the law on environmental protection and implementation of the law on environmental protection in industrial zones
Regarding this issue, authors have proposed some solutions to ensure the implementation of the law on environmental protection such as issuing the law on environment in Vietnam; socializing the implementation of the law on environmental protection by increasing the participation of socio-political organizations, mass and communities; strengthening international cooperation in the field of environment, especially international cooperation on law and increasing spending on environment protection
1.1.2 Overseas research works
1.1.2.1 Research works on the real situation of implementing the law on environmental protection
Previous research works have mentioned air quality, prevention and control of environmental pollution, noise pollution industrial emissions, urban wastewater treatment, sewer sludge discharge, mining waste, carbon capture and storage, landfills, electronic waste treatment and incineration factory
1.1.2.2 Solutions to ensure implementation of the law on environmental protection
Foreign research works have basically mentioned solutions of implementing the law on environmental protection for state
Trang 10management activities such as setting up regulations, certification of state performance, administration and inspection In addition, they have also referred lessons related to the role and content of state management for the implementation of the law on environmental protection
1.2 Assessing research situation
1.2.1 Research achievements that the dissertation inherits and further examine
First, previous research works have analyzed the concept and
characteristics of implementing the law on environmental protection
in industrial zones
Second, they have analyzed the provisions of the law, assessing
environmental impact in industrial zones, obligations to prevent and remedy pollution, as well as the state responsibility in inspection and examination of implementing the law on environmental protection in industrial zones
Third, previous research works have also analyzed impact of the
implementation of the law on environmental protection in industrial zones on the socio-economic development in localities having industrial zones
Fourth, previous research works have proposed a number of
solutions to improve the law on environmental protection in industrial zones, as well as responsibility of the state and entities while implementing the law on environmental protection in industrial zones
1.2.2 The issues that need to be further examined in this dissertation
1.2.2.1 Reasoning on implementation of the law on environmental protection
According to the content of the dissertation, the author will clarify comprehensively the theoretical issues on the implementation of the
Trang 11law on environmental protection such as the concept, characteristics, role, contents and forms as well as conditions to ensure the implementation of the law on environmental protection
1.2.2.2 The real situation of implementing the law on environmental protection in industrial zones in Thanh Hoa province
Examining the real situation of implementing the law on environmental protection in industrial zones in Thanh Hoa province – the province is strongly developing large industrial zones, especially Nghi Son oil refinery area, has many differences from other local industrial zones
1.2.2.3 Viewpoints and solutions to ensure the implementation of the law on environmental protection in industrial zones
The dissertation proposes viewpoints and solutions to ensure the implementation of the law on environmental protection appropriately, fully and comprehensively to apply the law on environmental protection for industrial zones in Vietnam today
1.3 Research questions and hypotheses
1.3.1 Research questions
Theoretically: what we should add to the concepts, characteristics,
role, contents and conditions of implementing the law on environmental protection so as to cover all subjects and contents of implementing the law on environmental protection in industrial zones?
Regarding current situation: what are the advantages and
disadvantages of implementing the law on environmental protection
in industrial zones in Thanh Hoa province? The cause of the advantages and disadvantages?
Regarding viewpoints and solutions: which are viewpoints and
solutions to effectively implement the law on environmental protection in industrial zones?
1.3.2 Research hypotheses
Trang 12- Conception of environment, law on environmental protection and implementation of the law on environmental protection in industrial zones are not comprehensive and clear
- Theoretical basis of the law on implementation of the law on environmental protection in industrial zones in Vietnam is incomplete and comprehensive
- The provisions of the law on environmental protection in industrial zones are inadequate, limited and are not systematic
- The reality of implementing the law on environmental protection
in industrial zones and controlling the implementation of the law on environmental protection in industrial zones still face many problems and shortcomings
- There is no clear and long-term direction for implementing the law on environmental protection in industrial zones
- Solutions are not synchronous, lack of specific solutions to effectively implement the law on environmental protection in industrial zones
Summary of chapter 1
Trang 13Chapter 2 THEORETICAL ISSUES ON IMPLEMENTATION OF THE LAW ON ENVIRONMENTAL PROTECTION IN
INDUSTRIAL ZONES 2.1 The concept, characteristics, and role of implementing the law on environmental protection in industrial zones
2.1.1 The concept of implementing the law on environmental protection in industrial zones
2.1.1.1 The concept of industrial zone
Industrial zone is defined as a separate territorial area with defined geographical boundaries and a synchronous system of technical infrastructure As a place gathering enterprises that operating in the fields of industrial production and services and is in the master plan
of industrial parks approved by the Government and competent state agencies issue investment certificates in accordance with the law
2.1.1.2 The concept of environment
Environment is the natural and man-made elements surrounding humans, affecting life, production and development of human beings and organisms
2.1.1.3 The concept of the law on environmental protection
The law on environmental protection is a system of regulations promulgated by competent State agencies to regulate arising relationships in the field of environmental protection
2.1.1.4 The concept of the law on environmental protection in industrial zones
The law on environmental protection in industrial zones is a combination of legal documents promulgated by competent state agencies to regulate social relations between competent state agencies and individuals, and organizations who have rights, obligations and responsibilities for protecting industrial zones