Overview of Research Works Related to the Topic

In the cause of protecting and improving the quality of the environment, the State plays a very important role. However, the State alone cannot complete this difficult task. Promoting socialization, mobilizing the active and multifaceted participation of organizations and individuals, of all economic sectors and residential communities is a necessary condition to ensure the success of the cause of environmental protection.

In summary, through the analysis of the above scientific bases on environmental management, it is a bridge between science and technology and the natural - human - social system.

5. Legal basis of environmental management

The legal basis of Environmental Management is documents on international law and national law in the environmental field.

At the national level, environmental issues are mentioned in many laws, of which the Law on Environmental Protection passed by the National Assembly of the Socialist Republic of Vietnam on December 27, 1993 is the most important document. On November 29, 2005, the National Assembly of the Socialist Republic of Vietnam passed the Law on Environmental Protection of Vietnam in 2005. A series of circulars, decrees, regulations, and decisions of functional agencies on the implementation of the Law on Environmental Protection have been issued. A number of major environmental standards have been drafted and approved. In addition, many aspects of environmental protection are mentioned in other documents such as: the law on minerals, the law on petroleum, the law on labor, the law on maritime, the law on forest development and protection, the law on biodiversity, etc.

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In addition, localities, depending on their specific local situation, also have many regulations in the environmental field.

The People's Committee of Quang Ninh province and the Department of Natural Resources and Environment of Uong Bi city have also issued many decisions, regulations and directives to implement central legal documents as well as have their own local regulations in the field of environmental management.

6. Environmental management tools

Environmental management tools are measures of action to implement environmental management work of the state, scientific and production organizations. Each tool has a certain function and scope of impact, linked and supported each other.

Environmental management tools can be classified according to function including: Macro-regulation tools, action tools and support tools [9]:

- Macroeconomic adjustment tools are laws and policies.

- Support tools are tools that have a direct impact on socio-economic activities, such as administrative regulations, penalty regulations, etc. and economic tools.

- Action tools are the most important weapons of environmental organizations in environmental protection. Belonging to this category are technical tools such as GIS, modeling, environmental assessment, environmental auditing, environmental monitoring.

Environmental management tools can be classified by nature into the following basic types [9]:

- Legal and policy instruments include documents on international law, national law, other sub-law documents, national environmental plans and policies, economic sectors, and localities.

- Economic instruments include taxes and fees levied on cash income from production and business activities. These instruments are only effectively applied in a market economy.

- Technical management tools perform the role of state control and supervision of environmental quality and composition, of the formation and distribution of pollutants in the environment. Technical management tools can include environmental assessments, environmental minitoring, waste treatment, recycling and reuse of waste. Technical management tools can be successfully implemented in any developed economy.

1.2. Overview of research works related to the topic

1. Research on environmental management in the world and in the country

a. Experience in environmental management of some countries in the world

Korean experience

Currently, in Korea there is one Environmental Policy Framework Act and about 46 separate satellite laws for each field related to the environment.

The Framework Environmental Policy Act (FAEP) is the legal basis for environmental protection in Korea. The FAEP consists of 6 chapters and 44 articles, enacted in 1990 and most recently amended in 2008. Article I of the Act stipulates the purpose of this Act "to enable all people to enjoy a healthy and pleasant life, to prevent environmental pollution and damage, and to manage and protect the environment (EP) in a reasonable and sustainable manner by defining the rights and obligations of citizens and the Government regarding EP and defining the basic issues for environmental policies".

Some satellite laws were enacted and amended such as:

The Law on Natural Environment Conservation 1991 (last amended in 2008) aims to protect the natural environment and help people use natural resources sustainably. This Law incorporates a number of economic tools such as taxes, fees, and financial subsidies into the laws.

On January 15, 2009, the Korean government enacted the Low Carbon and Green Growth Act. The aim is to institutionalize the goals of “low carbon” and “green growth” through an environmentally friendly tax system as well as support for green business activities. This law is also a solution to adapt to climate change.

Currently, Korea has been effectively applying a number of environmental protection management policies, including policies such as:

- Waste classification at source (implemented for 10 years): Helps recycle waste, save resources, create new energy, useful products such as fertilizer, and metal gas for electricity production.

- Encourage the application of measures to reduce CO2 emissions: such as saving electricity, coal, oil or using technologies that produce less emissions. Specifically: People, when using and buying products labeled low carbon, will be able to accumulate

Card points are converted into money at the end of the year, and this cost is paid by the State (but the card currency is only used to buy products labeled low carbon, stimulating consumption of environmentally friendly products).

- Support and encourage businesses and communities to participate in implementing policies and economic tools in environmental management and protection:

+ Publicly disclose information about investment areas such as policies, incentives, planning, environmental pollution status of the area...

+ There is a policy to apply waste collection fees through the sale of garbage bags (the type of bag and the material used to make the bag can be recycled according to state regulations).

+ Encourage people to use recyclable garbage bags in accordance with state regulations.

- Some economic tools in environmental management and protection are being applied in Korea.

like:

+ Air environmental protection fee: Applied to objects such as large cars,

The factory has a lot of industrial waste.

+ Water environmental protection fee: Local administrative agencies must pay the State a fee for exploiting the area's groundwater resources.

+ Waste management fee: Collected from the sale of plastic bags containing waste (the type of garbage bags is regulated by the state). This fund will be used for recycling and treating non-recyclable waste.

The above policies are clearly stipulated in the provisions of the Law. The fee rates are specified in detail in circulars and regulated by the Law on Environmental Finance.

Assignment and decentralization of environmental management tasks in Korea:

- The Ministry of Environment (MOE) is responsible for implementing environmental laws. Local governments also play an important role in implementing these laws.

- Administrative, civil and criminal courts are responsible for enforcing environmental laws through court proceedings.

- Local authorities are empowered to issue local environmental standards that are more detailed and stringent than national environmental standards.

Pollution management and monitoring have been well implemented. A typical example is the management and monitoring of wastewater pollution. First, it is necessary to assess the basin's load capacity, install monitoring equipment at the outlet of factories and industrial parks to control waste concentration and discharge flow into the area. From there, it is possible to promptly prevent or promptly punish violations, forcing production facilities and industrial parks to strictly implement measures to thoroughly treat waste to ensure prescribed standards before discharging into the local environment.

American experience

On the system of policies and laws on environmental protection

The basic characteristics of environmental protection law-making activities of states in the US are as follows:

Must ensure compliance with the general provisions of the Federal Law; State laws regulating specific areas (for example: air and radiation control; land and water pollution management) must be stricter and more specific than the provisions of the Federal Environmental Protection Law in the same area; States develop laws based on the direct needs of environmental management activities in each specific area; Each year, states can issue many bills and according to US law, bills are drafted by Senators (for example, the State of Maryland drafts hundreds of bills each year). However, the number of bills passed is not much, because in addition to criticism by direct voting in the Parliament (Senate and House of Representatives), these bills are also subject to strict control and criticism by professional organizations and social organizations, members of the Democratic and Republican Parties; Each year, the Senate and House of Representatives of the US States only meet for 90 days to consider and pass the Law. Therefore, the bills that are considered for approval are often issues that are extremely necessary for environmental protection practice. There are many bills that have not been approved many years after being proposed and developed. It can be seen that the construction of laws

Environmental protection laws in the US (mainly enacted by the states) aim to solve very specific problems, stemming from the practical requirements of each locality, so the laws when enacted are highly enforceable. Enforcement is ensured under the strict management of state agencies and community supervision.

On environmental management and pollution control mechanisms

The basic principle of environmental management and pollution control in the US in general and in the states in particular is that whoever causes pollution must pay and remedy the pollution. However, in specific cases due to objective or unavoidable reasons (for example: residual contaminated land, environmental pollution due to natural disasters, etc.), the government will have specific policies to support organizations and individuals directly improving the pollution situation, such as: tax exemption and reduction; support for treatment technology, etc.

In some states, environmental control and management of projects and works are based on environmental impact assessment (EIA) and licensing tools. However, this activity is different in each state and is very flexible, it can be "rigidly" regulated for projects or activities with high stability, but can also be changed to apply appropriately, to effectively manage environmental factors for some specific cases.

On the organization of inspection agencies, environmental police and the enforcement mechanism, applying the law to violations of environmental protection laws

The handling of violations of environmental protection laws in each State is not the same, so the organization and operating mechanism of the inspection and handling of environmental violations and crimes are also different. For example, in the State of Maryland, there is the Environmental Inspection Agency under the Department of Environment; in the State of Washington, the Environmental Inspection Agency is under the Department of Ecology... This agency has the function of inspecting, examining and handling administrative violations such as imposing fines, revoking licenses, forcing remediation...; In cases of serious violations, this agency can prepare a file requesting the judicial agency to prosecute and bring the case to court. In these two States, there is no environmental police organization, while in the State of New York, an environmental police force has been established, with the same powers as a security agency.

On mobilizing resources for environmental protection

Financial resources for environmental protection of the US states are very diverse. Some are allocated by the state from the federal or state budget, others are contributed by organizations, businesses, and individuals or directly invested and implemented...

On information and communication in management and environmental protection

The US information and communication system in general and on environmental protection in particular has been developed at a high level, applying the latest achievements of information technology, and is updated regularly. The provision of environmental information must comply with strict procedures.

Strict regulations on environmental protection

Basic environmental information is widely available on the Internet and other mass media. However, for more detailed information, those who need information must pay a certain amount of money according to the law and must comply with the regulations on the information provided.

The lessons learned from some countries presented above are a practical and objective basis to help environmental management agencies in perfecting laws and regulations on environmental protection at the central and local levels, which is even more meaningful for environmental management in Uong Bi.

b. Some initial results of state management work in environmental protection in our country.

Awareness of environmental protection among party committees, authorities and organizations at all levels has changed positively; initially forming awareness of environmental protection among all classes of people.

The system of policies, laws and state management apparatus on environmental protection has been formed relatively synchronously and is being gradually improved, and documents have been institutionalized by the State.

National Plan on Environment and Sustainable Development for the period 1991 - 2000. Next, Vietnam's Sustainable Development Strategy for the period 2011 - 2020, National Strategy on Green Growth, National Strategy on Environmental Protection

The Law on Environmental Protection to 2020, with a vision to 2030, has set out orientations for environmental protection. The Law on Environmental Protection is the legal basis for environmental management. Sub-law documents have provided quite complete, detailed, and specific provisions on pollution prevention, control, environmental restoration, and improvement of people's quality of life, on nature conservation and biodiversity. In addition, mechanisms, tools, and sanctions for environmental protection are also stipulated in the Penal Code, Civil Code, Investment Law, and Environmental Protection Tax Law.

The state management apparatus for environmental protection has been established synchronously at both central and local levels and has been gradually improved.

At the local level, there are Departments of Natural Resources and Environment at the provincial and municipal levels, Offices of Natural Resources and Environment at the district, town, and provincial level, and there are officers concurrently in charge of environmental management at the commune, ward, and town levels. Many economic groups, corporations, industrial park management boards, and large enterprises have departments, divisions, or assigned officers specializing in environmental affairs.

Financial resources and necessary conditions for environmental protection are increasingly better guaranteed. State budget expenditure for environmental causes is balanced at 1% of total annual budget expenditure, many times higher than before. (In 2006 it was 2,900 billion VND, and in 2012 it reached 9,050 billion VND).

ODA capital mobilized for environmental protection has also increased rapidly. A number of financial institutions for environmental protection have been established and put into operation, such as the Vietnam Environmental Protection Fund and environmental protection funds of a number of sectors and localities, contributing to increasing capital sources to support environmental protection. A number of economic instruments, such as taxes and environmental protection fees, have contributed to generating social revenue for investment in environmental protection.

The socialization of environmental protection activities has initially brought about remarkable results. More and more private enterprises are participating in providing environmental sanitation services, such as water supply and drainage, wastewater and exhaust gas treatment, solid waste and hazardous waste collection and treatment, consulting and design activities, etc.