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


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

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

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

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:

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?

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

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


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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+) 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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CHAPTER 4
REQUIREMENTS, SOLUTIONS TO COMPLETE AND IMPROVE
EFFICIENCY OF IMPLEMENTING LEGISLATION ON WATER
ENVIRONMENTAL PROTECTION RIVER BASIN
4.1. The requirements for the improvement of environmental
protection laws in river basin
4.1. 1 . Ensure consistency between the Law on Environmental
Protection and the Law on Water Resources on river basin management


back-to-back

information with technical and professional support.
4.1.3. The law should specify a number of criteria determining the
effectiveness of river basin water management
- Water resources in river basins must be managed according to a
unified principle, non-division among administrative levels, between
upstream and downstream.
- Specific provisions on river basin management: basic survey of
environment

and

water

resources

in

river

basins; river

basin

planning; protecting the water environment in river basins; regulating,
allocating

water

management of river basins based on the project results.
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4.1.5. Strongly socialize activities to protect the water environment
in river basins
The 12th National Congress of the Party stated: "... Promote
socialization along with allocating resources from the state budget to
invest in key projects to restore people's living environment". The
Politburo's Resolution No. 41-NQ/TW dated November 15, 2004 of
Ministry of Political on environmental protection in the period of stepping
up industrialization and modernization clearly stated that it is necessary to
identify the responsibility to protect environment of the State, individuals
and organizations and community, with particular emphasis on the
responsibility of service production facilities. Create a legal basis and
mechanisms and policies to encourage individuals, organizations and
communities to participate in environmental protection. Establish forms of
organization of assessment, consultancy, inspection, accreditation and
certification of environmental protection.
4.2. Specific solutions for perfecting and improving the efficiency of
law enforcement on water environmental protection in river basins
4.2.1. Unify the Law on Water Resources and the Law on Environmental
Protection
It is necessary to synchronize and unify these 02 documents, in order
to

avoid

overlapping,


a) Improve the law on water environment protection in river basins
based on the relationship of the rule of law;
b) Enhance the effectiveness of the implementation of the legislation
on environmental protection in river basins
4.2.3. Complete the legislation on water environment protection in
river basin
+) At central level
+) At local level
4.2.4. Improve capacity of water environment management in river
basin
+) Improve the environmental management capacity in industrial zones
of policy-making agencies
+)

Strengthen

training

activities

to

raise

awareness

about water environment protection for grassroots administrations
+) Improve the operational efficiency of socio-political organizations
in protecting the water environment in river basin
+) Educate and propagate to raise public awareness about protecting

the mechanism be considered the most completely, the most objective,
and the most comprehensive benefit of people, the state, enterprises and
the whole society?
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