VIETNAM ACADEMY OF SOCIAL SCIENCE
GRADUATE ACADEMY OF SOCIAL SCIENCES
LE PHUONG LINH
PROTECTION OF WATER ENVIRONMENT IN RIVER BASINS
ACCORDING TO VIETNAMESE LAW
Major: Economic Law
Code: 9.38.01.07
ABSTRACT
THE DOCTORAL DISSERTATION OF ECONOMICS
Hanoi, 2019
The research work is completed at: Graduate Academy of of Social
Science - Vietnam Academy of Social Science
Supervisor: Assoc. Prof, Dr. Pham Huu Nghi
Reviewer 1:
Reviewer 2:
Reviewer 3:
The dissertation will be defended against the academy-level committee, at
the Graduate Academy of Social Sciences at: day/month/year
The thesis can be found at:
- National Library
- Library of Graduate Academy of Social Sciences
LIST OF PUBLISHED WORKS RELATED TO THE
DISSERTATION
INTRODUCTION
1. The urgency of the research topic
Managing and protecting the water environment of river basin is an
issue that has been implemented in many countries around the world in the
second half of the 20th century and has grown significantly in recent
decades to cope with challenges on scarcity of water, increasing pollution
and degradation of natural resources and the environment of river basins.
Currently, hundreds of river basin management organizations have been
set up worldwide to manage and unify water, land and other related
resources in the river basin, maximizing the economic benefits and social
welfare in a fair manner without compromising the sustainability of the
basin's critical environmental system, maintaining sustainable human
living conditions.
Consistent and integrating management of water resources of a river
basin is a new issue to Vietnam. This is very limited in terms of awareness
and inevitabe to face many difficulties when implementing. Currently, the
Law on Water Resources has been enacted, creating a legal basis and
guiding the implementation of water resources management activities.
However, we do not have many legal documents guiding in detail the
environmental protection of river basin water.
Regarding the management method, it is evident that the
inconsistency and division of responsibilities are still unclear between the
management agencies: central and local levels. There is a lot of overlap
among sectors related to the same management area, which causes
difficulties and inhibition in environmental protection activities. Among
localities in the same basin, a common voice has not been found and the
management of basin environment is not consistent and coherent.
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Therefore, the PhD student chooses the topic "Protection of water
environment in river basins according to Vietnamese law" as the
content doctoral thesis in Law.
2. Research purpose and missions of the topic
2.1. Research purpose
The research purpose of the thesis is to clarify the theoretical issues
and the current status of the water environment protection in river basin in
accordance with the laws of Vietnam. On that basis, proposing solutions to
improve the efficiency of building and implementing law on the protection
of water environment in river basins in Vietnam..
2.2. Missions of the topic
Firstly, to inherit, acquire and further clarify theoretical issues on
water environment protection in river basins according to Vietnamese law.
Secondly, to analyze and clarify the situation of water environmental
protection in river basins according to the current laws of Vietnam.
Thirdly, to research and propose solutions and recommendations to
build, complete and effectively implement the legal system of water
environmental protection of river basin water in Vietnam.
3. Scope and subject of the research
3.1. Scope of research
- Scope of content:
The thesis specifies the research scope as the legal provisions on
environmental protection in river basins. Based on the research of
theoretical issues on water environment protection in river basins, the
thesis will clarify the status and solutions to protect water environment in
river basins in Vietnam..
- Scope of space and subject of research:
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The thesis focuses on studying the water environment in three major
river basins such as: Nhue-Day river basin, Dong Nai river basin, Cau
river basin.
- Scope of time:
The thesis focuses on researching the water environmental protection
in river basins according to Vietnamese law in recent years.
3.2. Subject of research
The subject of the study is Vietnamese legal provisions on water
environment protection in river basins, from the perspective of economic
law. The thesis will absorb, inherit and promote relevant research results
of the previous authors, and will delve into the limitations of current laws,
propose recommendations and solutions to build and complete the legal
system as well as improve the efficiency of the implementation of the
legislation on water environmental protection of river basins in Vietnam.
4. Approach and research methods of the topic
4.1. Approach
The thesis approaches the issue of water environment protection in
river basins under the perspective of Law:
-Approaches from theoretical basis, overview of the law and improve
the law in general and the law on water environment protection in the river
basin in particular.
- Approaches from the practice, assessing the current status of the law
on water environmental protection in river basin and the need to improve
the law.
- Approaches from the orientations, objectives and policies on
completing the environmental protection legislation and the law on river
basin water environment protection.
4.2. Research Methods
a. Methods of analysis
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The method that requires systematic analysis. It must classify, select,
generalize, compare information from documents. There are two analytical
directions in this method: qualitative method and quantitative method .
b. Comparative method of jurisprudence
This is method of approaching, studying and comparing different
systems of law in order to find similarities and differences, explaining the
origin, evaluating the solution in the systems of law .
c . Methods of comparison, statistics
Statistical comparison method is used to provide necessary data,
collate, compare and clarify relevant contents, placing in the overall legal
system of water environment protection in river basin.
d . Institutional and policy analysis (IPA) method
Method of IPA ( Institution and Policy Analysis- IPA ) is the method
that analyzes and assesses the institutional and policy. The IPA is a neutral
technical tool aimed at clarifying the effectiveness of an existing policy,
explaining how stakeholders have adapted under the impact of the policy,
seeking strategies or solutions to improve and enhance the effectiveness of
the policy. The IPA is neutral because it is not intended to plan, identify
the goal, influence, morality, etc. of a policy to be enacted, but only to
analyze an existing and effective policy in order to seek ways to increase
the effectiveness of that policy.
5. New contributions of the thesis
- The thesis clarifies theoretical issues on the law on the water
environmental protection in river basins, pointing out the dominant
elements of the legislation on the water environmental protection in
river basins.
- The thesis clarifies the status of law and practice of the law on the
environmental protection of water in river basins in Vietnam.
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- The thesis put out orientations and solutions to improve the law and
ensure the implementation of legislation on water environmental
protection in river basins in Vietnam .
- The thesis proposes solutions to improve the efficiency of organizing
the implementation of legal provisions on water environment protection in
river basin.
6. Scientific and practical significance of the thesis
The thesis contributes to clarify the theoretical basis as well as the
legal principles of environmental protection in river basins. Based on the
analysis and evaluation of statistics on the current situation of the
environment as well as the identification of current shortcomings of the
legal provisions on water environmental protection in river basins, the
thesis proposes recommendations to contribute to the improvement of the
real laws.
7. Structure of the thesis
Apart Introduction, Conclusion, List of references, the thesis has four
chapters as follows:
- Chapter 1. Overview of research works related to the topic ;
- Chapter 2. Theoretical issues on water environment protection in
river basins ;
- Chapter 3. Actual situation of water environment protection in river
basins in Vietnam and its implementation in reality ;
- Chapter 4. Requirements, solutions to perfect and improve the
enforcement of laws on water environment protection in river
basins .
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CHAPTER 1
OVERVIEW OF RESEARCH WORKS
RELATED TO THE TOPIC
1.1. Overview of research situation
1.1.1. The study of river basin water sources as a specific object of
environmental protection.
In this content, the PhD student summarizes research works on
water management, protection in river basins in the country, generally
evaluates the research situation of the authors, points out the contribution
of the works in protecting the water environment in the river basin and
connects, assesses the situation of research on this topic in several
countries around the world.
1.1.2 . The research works on the water environmental protection laws in
river basin
The PhD student collect research works on water environment
protection law in river basin, generally evaluates research situation of the
authors, points out positive contributions of the works in protecting the
water environment in river basin in Vietnam and the situation of research
on this issue in several countries around the world.
1.2. General evaluation of research related to the topic
1.2..1. The results achieved in the researched works will be inherited by
the thesis
On the basis of collection and evaluation of scientific research
projects related to the topic, the PhD student found that the works had fully
and deeply mentioned concepts such as: water environment of river basins,
legislation on water environment protection in river basins and theoretical
issues on protection and development of water resources in river
basins. PhD students will inherit and absorb the research results.
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In addition, the PhD student also referred to a number of research
results on the status of the law, inadequacies, gaps and limitations of
sanctions on violations, effectiveness of legal intervention and the
activities of the Committee of some specific river basins in Vietnam.
Moreover, we could learn from works studied in foreign countries
more about how to enact specialized laws that individually adjust field of
environmental pollution and water treatment solutions to water pollution
must have overall characteristic, and in combination with solutions to
prevent environmental pollution in general. It is possible to acquire and
learn a number of measures to protect the environment from other
countries such as in case of emergency, competent person may direct
immediately to perform any task or do anything in accordance with the
law, if the competent person finds that work is necessary for public health
or for the safety of society.
1.2.2. Issues that the thesis needs to research to continue clarifying and
developing
Research and management of the water environment in river basin so
far has focused only on studying how to protect water environment by
protecting the amount of water on the river basin such as assessing load
capacity, self-cleaning ability and proposing a number of constructions and
projects for dilution, increasing flow, increasing load capacity and selfcleaning of the river system. There are only few legal studies for water
protection in river basin. The research results in general have not clarified
the theoretical issues and the status of the water environment protection
legislation in river basin. Therefore, in this thesis, PhD student will
continue to conduct more in-depth study and complete this issue. And if
the problem of protecting water environment in river basin has been
studied by previous authors in terms of environmental science and
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economic science perspective, in this thesis, PhD students will approach
under Economic law perspective .
In addition, the thesis will focus on researching and making
recommendations on measures to control sources of water pollution
affecting water use purposes. Water quality monitoring systems should be
invested and synchronized to improve the quality of measurement data and
reduce labor costs . Raising awareness and disseminating to people about
environmental protection, especially water environment protection in river
basin in particular, is an essential element and an urgent task that our State
must pay special attention. Because this is the source of the events leading
to water pollution or overcoming, protecting, controlling water pollution
with high efficiency.
1.3 . Theoretical basis of the research topic
1.3 .1. Issues to be researched and research hypotheses
To implement the thesis, PhD student based on the following
theoretical bases:
- The Party's views and lines of policies and the State's laws related to
water environmental protection in river basins ;
- The views of historical materialism, dialectical materialism on the
protection of water environment in the river basin ;
- The theory of sustainable development associated with protection of
water environment in the river basin ;
- Theory of protecting human rights associated with the protection of
water environment in the river basin ;
- Provide views on improving management capacity for functional
agencies;
- Provide views on propaganda, raising awareness for the entire
population about environmental protection in general and water
environment in particular.
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From the theoretical basis mentioned above, the thesis is implemented
with research questions focusing on the following aspects: Theory, legal
practice and recommendations.
General
research
question : How is protection of water
environment in the river basin in our country concerned currently?
General research hypothesis : In recent periods, the State has paid
much attention and devoted a lot of money to schemes and projects on
management and protection of water resources and water environment in
river basins in our country, conduct sustainable development of water
resources.
To answer the above general research questions and hypotheses,
the thesis will go into answering the following specific research
questions and hypotheses :
Research questions 1. What is protection of water environment in the
river basin?
Research questions 2 . What is the law on the protection of water
resources in river basin?
Research question 3 : How does the current law protect water
environment in river basins in Vietnam both from a practical and a
practical perspective? What basic requirements and solutions does the law
on protection of water resources in river basin need to be developed and
perfected?
- Research question 4 : What is the situation of protection of water
resources in river basin in Vietnam?
Research hypothesis : Current situation of protection of water
resources in river basin in Vietnam currently has many difficult issues and
challenges. PhD student indicated generally the environmental situation in
a number of important river basins in Vietnam such as Basin of Dong Nai
river system, Basin of Nhue- Day river, Basin of Cau river.
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In general, the current situation of protecting the water environment in
the river basins in Vietnam is currently not good, it is necessary to
promptly develop a complete legal system for management of this field.
- Research question 5 : What are the limitations and shortcomings of
the legislation on water environmental protection in river basins?
- Research question 6 : What is the solution to improve the water
environmental protection legislation in river basin?
1.3.2. Approach and research methods
The thesis uses a overall, interdisciplinary approach to identify and
implement research activities.
The thesis uses the following research methods in the thesis :
- Analytical and comparative methods, especially data comparisons,
are used to evaluate Vietnamese legislation on water environment
protection in river basin and its practical implementation.
- The generalized method and scientific assumptions used to research
and propose solutions to improve the law on water environment protection
in river basins and solutions to improve the effectiveness of this law.
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CHAPTER 2
THEORETICAL ISSUES ON WATER ENVIRONMENTAL
PROTECTION IN RIVER BASIN
2.1. Theoretical issues about the river basin water environment
2.1.1. Approach River basins as the subject of management and
protection of water resources
River basin means a land area in which surface water and
underground water naturally flow into a river and exit to a common outlet
or into the sea.
In this content, PhD student analyzes and clarifies the approach of the
river basin as the subject of river basin management, environmental
management and water environment protection.
2.1.2. Relationship and role between river basin water environment
protection and river basin management
In this content, PhD student analyzes and clarifies the relationship
and role between river basin water environment protection and river basin
management. This
is
orientation
of
development
activities
and
management of water resources for a period according to view of State for
socio-economic development and environmental protection in order to
make basic transition for management, protection and development
activities of water resources .
2.1.3 . Implications of water environment protection in river basin
- Planing on allocation of water resources;
- Planning on protection of water resources;
- Planning on prevention, against and overcoming of harmful effects
caused by water.
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2.2. Theoretical issues on the law on water environment protection in
river basin
2.2.1. Legal relation on the protection of water resources in river basin
Legal relation on the protection of water resources in river basin has
wide, diverse and complex scope and object adjustment such as:
Firstly , including the social relations arising in the process of
protecting, exploiting and using water resources in river basins; legal
relations arising between entities in the management and treatment of
waste water into the environment; social relations related to state
management of water environment protection; Social relations related to
State management on water environment protection; handling of violations
in the field of water environment; social relations related to international
relations on water environment protection.
Secondly, it contains different types of legal documents in various
branches of the Law such as Civil Law, Administrative Law, Civil
Procedure Law, Land Law, Environmental Protection Law, and Criminal
Law...
Thirdly, there are various forms of expression, including legal
documents and sub-law documents issued by many competent State
agencies.
2.2.2. Legislation on the protection of water resources in river basin in
the legal system
Environmental protection legislation is a specialized law area that
includes the legal provisions governing social relationships that arise
during human exploitation, use or impact on one or several different
elements of the environment. The relationship between people (society),
environment and laws is an organic, dialectical relationship for each other
in a whole.
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There are many measures to take in order to protect environment, but the
law has become important and governs the entire context of political
institutions in our country today. In order to protect water environment in
river basin, we have many measures such as: Political measures; Measures
to propagate and educate; Economic measures; Scientific and techinical
measures.
In this content, the PhD student analyzes and clarifies from the
perspective of the law on the protection of water resources in the river
basin in the legal system.
The river basin water environment protection legislation is a
comprehensive set of laws governing social relationships that arise during
human exploitation, use or impact on one or several different factors of
water environment in river basin.
2.2.3. Implications of the river basin environmental protection law
a. Provisions on water environment protection in river basins in the
Law on Environmental Protection
b. Regulations on water environment protection in river basins in the
Law on Water Resources
c. Institutional structures for managing river basins, environmental
protection water in basins
2.2.4. The principles of the Law on the protection of water environment
in river basins
a. Principles of integrated management of water resources in river basin
- Integrated and interdisciplinary approach
- System ecology approach
- Approach from the bottom up
- Community participating approach
b. The principle of unified management without division
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Environment is a unified entity. The unity of environment is reflected
in 2 aspects:
Unity of space: Environment is not divided by national borders and
administrative boundaries.
The intrinsic unity between the constituent elements of environment:
Among the constituent elements of environment, there is always an
interaction relationship with each other, this element changes leading to
the change of other factors.
c. Principles of cooperation in sharing benefits, ensuring fairness in
exploitation, use and protection of water resources development
The legal system on water environment protection has ensured the
sustainable development and harmonious interests among social forces.
Ensuring the harmony of interests between social forces, between
socio-economic development and environmental protection, the orientation
of sustainable development has become the principle and the main content
of the legal system on environmental protection.
d. Principles of polluters must pay
The basic content of PPP is expressed right in its name, that the
subjects causing environment pollution must bear the costs of remedying
and improving the polluted environment. Those who exploit and use
natural resources, those who have acts of discharging into the environment
as well as those who have other acts causing bad impacts on the
environment must pay.
e. Socializing the protection of water resources in river basin
The basic content of PPP is expressed in its name, which is
promoting, strengthening education, propaganda and raising public
awareness. Moreover, it is necessary to encourage and enhance the
participation of the community in protecting the water environment in
river basin.
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Introduce a number of laws related to water environment protection
in the world to have a more general view such as: In Japan ; In Singapore .
CHAPTER 3
CURRENT STATUS OF LAW ON WATER ENVIRONMENT
PROTECTION IN RIVER BASIN IN VIETNAM AND PRACTICAL
IMPLEMENTATION
3.1. Current status of the law on water environmentprotection of in
river basin in Vietnam
3.1.1. Planning on development and protection of water environment in
river basins in current law
In this content PhD analyzes, clarifies actual status of laws, legal
documents issued related to development planning and environmental
protection in general and the water environment in river basins in
particular .
3.1.2 . Control water pollution in river basins according to current laws
The management and protection of the river basin environment is a
very urgent issue and is particularly important in the current period. In
order to improve the efficiency of the management and protection of water
resources, one of the factors we need to consider is Control of water
pollution in river basins according to current laws. Control of the river
basin water environment aims to limit the increase of water pollution, at
the same time, helping to make the environment safer. Moreover, in order
to effectively control environmental pollution of river basins, at the
beginning, it must be closely supervised from the stage of applying for
environmental permits such as: strategic environmental reports, impact
assessment reports, scheme on environmental protection, environmental
protection plan, ... .
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3.2. Practical implementation of legislation on water environment
protection in current river basins
3.2.1. Implementation of environmental protection laws on river basin
3.2.1.1. Nhue - Day river basin
In this content, PhD student analyzes and assesses the actual
implementation of the law on water environment protection in Nhue-Day
River Basin, showing the achieved results, difficulties, shortcomings and
causes of limitation in reality.
3.2 .1.2. Dong Nai river basin
In this content, PhD student analyzes and assesses the actual
implementation of the law on water environment protection in Dong Nai
River Basin, showing the achieved results, difficulties, shortcomings and
causes of limitation in reality.
3.2.1.3 . Cau river basin
In this content, PhD student analyzes and assesses the actual
implementation of the law on water environment protection in Cau River
Basin, showing the achieved results, difficulties, shortcomings and causes
of limitation in reality.
3.2. 2. Assessing the implementation of environmental protection laws on
river basins
3.2.2.1. Achievements
+) The system of water environment protection laws is relatively
comprehensive;
+) The legal system of water environment protection is basically
compliant with the Constitution and laws;
+) The legal system of water environment protection is feasible and
is suitable to the country's overall socio-economic development conditions;
+) The legal system on water environmental protection has ensured
publicity and transparency;
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+) The legal system on water environment protection has ensured the
sustainable and harmonious development of interests among social forces.
3.2.2.2. Limitations and shortcomings
+) In the investigation and planning of water environment protection
in river basins;
+) In regulations on control of activities causing environmental
pollution;
+) In other regulations on protection of water resources;
+) In regulations on liquid and solid waste management;
+) Regulations on civil liability in violation of environmental
protection legislation;
+) Regulations on criminal responsibility in violation of the law on
environmental protection;
+) Regarding the sanctioning of administrative violations in the field
of environmental protection.
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