Chapter IV. THE WATER QUALITY MANAGEMENT IN THREE RIVER BASINS

Chapter IV. THE WATER QUALITY MANAGEMENT IN THREE RIVER BASINS 4.1. RELEVANT POLICIES AND REGU- LATIONS Protection of river basin environment is one of the basic contents of the Plan on water resource management, exploitation and utilization in the river basins. However, this issue has been regulated by lots of legislative systems and managed by different ministries and sectors. Thus, many difficulties have been observed in the management of river basins. These include the unclear definition of responsibilities and competences among ministries and sectors; the river basin management according to administrative boundaries; the lack of mechanism for mobilizing resources from private, non-governmental, international organizations and communities in water resource protection and development, etc. In recent years, many legal documents have been issued, giving considerable contribution to legalize the environment management and water sourse protection of river basins. The most important legal documents include: the Law on Environmental Protection (2005), the Law on Water Resources (1998), the Land Law (2003), System of Vietnamese Standards - river, lake water quality standards (issued in 1995, revised in 2001 and 2005), and a series of other by law documents. With regards to the environment protection and management of river basins, the Law on Environmental Protection 2005 provides regulations on water quality management and river water environmental protection (Box 4.1 and 4.2). Box 4.1. Provisions on river water environmental protection in the Law on Environmental Protection 2005 Item 2, Chapter VII comprises articles Nos. 59, 60, 61, 62 on the river water environmental protection: - Article 59 provides principles for river water environmental protection. - Article 60 provides the control and treatment of water environment pollution and degradation in river basins. - Article 61 provides responsibilities of provincial-level People's Committees in water environmental protection in river basins. - Article 62 provides the organizational arrangements for water environmental protection in river basins. Box 4.2. The Law on Environmental Protection 2005 Article 59: Principles of River Water Protection 1. The protection of river water is one of the fundamental contents of water resources extraction, use and management planning within river basins. 2. Localities within river basins shall be jointly responsible for protecting water environments within river basins; proactively coordinating the exploitation of resources yielded by water in river basins, and ensuring benefits for local residential communities. The Vietnamese Environmental Standards relating to river and lake water environmental protection for the purpose of water utilization were first issued in 1995, and were revised in 2001 and 2005. In 2005, the Ministry of Science and Technology issued some standards relating to the discharge standard for waste water and air emissions. However, the standards relating to the bottom deposits and waste sludge have not been prepared and issued. 69

The Law on Water Resources (1998) has provisions relating to surface water, rain water, underground water and marine water. The law also provides for prohibiting the discharge of toxic waste, non-treated waste water or treated waste water which does not meet the allowed environmental standard for discharge into the water source. The issue of permission for waste discharge must be based on the sustainable capacity of the receiving source and the waste water must be treated to meet the allowable standards before discharging. However, the application and implementation of the Law on Environmental Protection, the Law on Water Resources and the System of Vietnamese Standards for Environment for the purpose of pollution control and water quality management have still been limited and inadequate. 4.2. ORGANIZATION OF ENVIRON- MENTAL MANAGEMENT IN THE RIVER BASINS 4.2.1. National level In August 2002, the Ministry of Natural Resources and Environment (MONRE) was established under the decision of the National Assembly, and on November 11, 2002 the Government issued the Decree No. 91/2002/ND-CP stipulating the function, tasks, rights and organization structure of MONRE. MONRE has the state management functions and tasks on the natural resources and environment within 6 fields including land resources, water resources, mineral resources, environment, hydrometrorology, surveys and mapping. The function of water resources management was transferred from the Ministry of Agriculture and Rural Development (MARD) to MONRE, which has separated the state management of water resources from the management of utilisation purpose. In recent years, the Ministry of Natural Resources and Environment has given considerable effort to promoting institutional preparation and completion for effective water management and submitted to the Government for issue, many decrees on the guidelines for implementation of the Law on Environmental Protection; submitted to the Prime Minister for decision, the National Strategy on Water Resources to the year of 2020; and developed the preparatory planning for some river basins thus providing considerable contribution to the improvement of water resources management. However, there still exist many overlaps in river basin management, for example, the Decree No. 91/2003/ND-CP assigned MONRE to implement the state management on water resources while the Decree No. 86/2004/ND-CP assigned MARD to manage water bearing materials (within river basins), thus causing difficulties in integrated management of water resources. However, the recent decisions of the Prime Minister have more clearly identified the roles of the related offices in some specific activities. For example, the Decision No. 123/2006/QD-TTg dated 03/6/2006 of the Prime Minster assigned MONRE the function to prepare master planning on water resource protection, management and use in the principle river basins; and assigned MARD to review, revise and amend the plan for developing the irrigation system for forestry and agriculture, expecially for the purpose of water use in irrigation, water supply, hydropower development and aquatic farming. Basing on the Law on Water Resources, The National Council on Water Resources was established under the Decision No. 67/2000/QD-TTg dated 15/6/2000. With its functions, and with the members being representatives from the relevant ministries and sectors, the 70

Box 4.3. Responsibilities relating to the water resources of some ministries Ministry of Natural Resources and Environment Ministry of Agriculture and Rural Development Ministry of Planning and Investment Ministry of Industry Ministry of Science & Technology Ministry of Construction Ministry of Transportation Ministry of Fishery Ministry of Health Ministry of Finance Management of water resources, water quality Make plans on the use, overall management and protection of water resources in the principle river basins Irrigation, flood and storm prevention, rural water supply, management of hydraulic engineering and dykes Give guidelines to, and check, ministries and sectors on the preparation and implementation of the Strategy on socio - economic development Hydropower development via Vietnam Electricity Corporation Appraise the drafts and publicize the water quality standards prepared by the Ministry of Natural Resources and Environment. Manage the urban public works; design and build up the urban water supply and discharge works. Manage and develop the transportation on water; manage aquatic engineering and port system Manage the water for aquaculture and aquatic products processing Manage drinking water quality; be responsible for preparing and supervising the water quality standards. Prepare the policy on tax and fees fo r water resources. Council will help to achieve the overall management of water resources. At the same time, the Council will consult the Government on policy, strategy and approval of river basin planning and the major projects on source development, settling disputes on water and also the international aspect of water resources management and development. 4.2.2. Regin and province level At inter-area level, some organizations/committees of river basins have been established. The Ministry of Agriculture and Rural Development have issued the decision on the establishment of Managing Committees for planning of river basins: Cuu Long, Dong Nai, Hong - Thai Binh. Under the direction of the Prime Minister and MARD, the Steering Committee of Cau river basin exploitation and protection was established according to the agreement of 6 related provinces in the river basin; and the Committee for Environmental Protection of Dong Nai river system basin was established according to the agreement of 11 related provinces/cities in the river basin. However, currently the above Organizations/Committees are either no longer active or if still active, no longer effective. In the localities, from 2003 (after the establishment of MONRE), management offices on natural resources and environment were set up. The provincial Departments of Natural Resources and Environment (DONREs) have their Divisions of Natural Resources and Environment (Ho Chi Minh City has Branch Office of Natural Resources and Environment). Centers for Environment Monitoring have been established in some provinces. Thus it can be seen that the state management on water resources has been initially focused at the localities. 71

Box 4.4. Model of integrated action for environmental protection in Dong Nai river system basin - In November 2001, the representatives of 11 People's Committees of the provinces and cities in the river basin agreed to set up the Committee on environmental protection for Dong Nai river system basin. - On 28/12/2001, the Conference of People's Committee Chairmen of the provinces/cities in the river basin was organized in Ho Chi Minh City to discuss the cooperation between localities on water source management throughout the entire basin. - On 21/3/2002, the Government issued Official Letter No. 291/CP-KG on the preparation of the Project on water environmental protection in the river basin, in which, the Government assigned the People's Committee of Ho Chi Minh City, in coordination with People's Committees of other provinces in the river basin to establish the project. To date, the Project on water environmental protection in Sai Gon - Dong Nai river basin has been prepared and submitted to the Government for consideration. - In May, 2004, MONRE in coordination with the localities in the river basin and the scientific offices organized meetings and discussion on developing the environmental protection program of the Dong Nai - Sai Gon river basin. - On 31/5/2005, MONRE and the People's Committee of Ho Chi Minh City in coordination with the localities in the river basin organized a round table meeting for the evaluation of implementation and commitment on environmental protection cooperation in the Dong Nai - Sai Gon river basin. - On 25/12/2005, MONRE and the provinces in the river basin agreed a commitment including 8 points on the environmental pollution treatment measures for the river basin. However, the coordination of the ministerial, sectoral and local offices for resolving the problems of the river basin is still weak. The various localities in the river basin have no common voice, unity and close cooperation in the environmental management of the river basin. The concepts of responsibility from the localities and sectors on environmental protection in the river basin are still inadequate. Some localities have wrong concepts of environmental protection purposes for the river basin and their roles and responsibilities in organizing environmental protection in the river basin. 72 Box 4.5. Model of integrated action for environmental protection in Nhue - Day river basin - On 07/8/2003, in Phu Ly Town of Nam Dinh province, the Leaders of People's Committees from 6 provinces/cities in the Nhue - Day river basin had a meeting to sign the commitment on environmental protection for the river basin. - The Prime Minister has assigned the People's Committees of Hanoi City in coordination with other provinces/ cities in the river basin to prepare the Project on environmental protection in the river basin. However, up to now the project has not been prepared and submitted to the Government, as the People's Committee of Hanoi City has sent an Official Letter refusing to be the focal office for implementing this task. Box 4.6. Model of integrated action for environmental protection in Cau river basin The Chairmen of People's Committees from 6 provinces/cities in the Cau river basin held a considerable number of meetings and signed the cooperation agreement on the protection and sustainable exploitation in Cau river basin, to the year of 2010, to develop the landscape and ecological environment of Cau river basin ensuring the sustainability of elements of economy, culture and environment. The Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau River Basin was approved by the Prime Minister under the Decision No. 174/2006/QD-TTg, dated 28/7/2006. This is an important decision aiming at gradual treatment of pollution in order to improve the water environment quality of the river, meeting the purpose of the socio - economic development to the year 2020. On 8/11/2006, MONRE in coordination with the Thai Nguyen People's Committee organized a Meeting for development of the Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau River Basin. The Meeting participants agreed with the conclusion including 5 points that need to be implemented early in order to start the Project. Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau river basin, 2005

4.3. IMPLEMENTATION OF ENVIRON- MENTAL IMPACT ASSESSMENT (EIA) AND THE ISSUE OF WASTE WATER DISCHARGE PERMISSION Situation of EIA implementation In recent years in Vietnam EIA has been systematically implemented from central level to localities, within all sectors over the entire country. The total EIA reports and registration forms of achieving environmental standards which have been approved and appraised within the last 10 years has increased at both central and local levels. However, there are still limitations in this work such as: the ratio of the EIA reports and registration forms of achieving environmental standards which have been approved and appraised is low in comparison with the total projects and units which have to make EIA reports; the approved EIA reports and registration forms of achieving environment standards are unequally distributed between provinces/cities; activities post-eia report appraisal are weak; many projects after approval have not implemented activities to construct a waste water treatment system or have constructed a waste water treatment system which is not compliant with the required design and operation; etc. In the provinces/cities of the three river basins, the situation of EIA report preparation and appraisal is similar to the general situation but, it can be seen that attempts at implementation of the EIA requirements of the provinces/cities in the river basins in recent years has been more encouraging, resulting in a contribution to the environmental protection of the river basins. Waste water discharge permission issue in the three river basins The request and issue of permission for waste water discharge into the water source are provided in Article 18 of the Law of Water Resources. The Government issued the Decree No. 149/2004/ND-CP dated 27/7/2004 providing the details of granting permission Box 4.7. Situation of EIA report appraisal in some provinces in the river basins - In Bac Ninh Province: During the last 10 years, the Council for EIA report appraisal of Bac Ninh province has appraised and issued approval decision for 132 units and investment projects out of a total of 434 organization/individual applications (30,4%) who have been provided land in and out of the industrial zone in various areas of the province. - In Vinh Phuc Province: In recent years, in various areas of the province, 48 enterprises have prepared EIA report and 143 enterprises have implemented the registration of achieving environment standards, reaching 56,8%. - In Binh Duong: To October, 2004, 1.785 enterprises in the province prepared and appraised EIA report or implemented the registration of achieving environment standards (including 71 EIA reports appraised by MONRE). All of the industrial zones have prepared EIA reports and they were appraised and approved by MONRE with decentralization. - In Dong Nai: After being decentralized, to the year 2004, the DONRE of Dong Nai has appraised 373 EIA reports and 770 registrations of achieving environment standards. For the developments that have to be registered for achieving environmental standards, the DONRE has provided Registration forms for 820 units. Source: Proceedings of report on 10 years of environment impact assessment in Vietnam, December 2004 for water resources exploration, exploitation and use and discharging of waste water into a water source. MONRE also issued Circular No. 02/2005/TT-BTNMT dated 24-6-2005 on the guidelines for implementation of this Decree. According to the reports from locali- Nhue River - the section flowing through Ta Thanh Oai - Thanh Tri, Ha Noi Source: Documentary photo 73

ties, the statistics of production units needing to have permission for waste discharge have been implemented in many places, but up to now in three river basins, the number of permissions granted is very small in comparison with the number of developments that have to apply for permission of waste water discharge into the water source. To the end of June, 2006, very few permissions were issued while hundreds of business production units belong to the categories that have to apply for permission of waste water discharge into the water source, and it shows that this work is just beginning and should be promoted more in the coming years. 4.4. APPLICATION OF THE ECONOMIC TOOLS Economic tools such as fees, taxes, fund, etc. play important roles in environmental management in the river basins. These economic tools utilise material benefits and market strength to force organizations and individuals select the most effective behaviour in nature conservation, exploitation and use, for example, in irrigation, urban water supply and avoidance of pollution of the water source, including identification of water services price, selffinancing, water resources tax and other taxes, policy of mobilizing development investment capitals, environment protection fees collection from the households, production units, etc. in river basins. Activities of the Vietnam Environment Protection Fund The Vietnam Environment Protection Fund is the governmental financial organization carrying out the function of financial support in the field of environment protection throughout the country without profitable purpose. From 2004 up to now, taking account of practical considerations based on the loan regulation and selection criteria of the Fund, 13 projects have been approved to receive loan capital with favourable interest, including 6 projects on constructing waste water treatment stations in industrial zone and in manufacturing, comprising more than 41% of the projects issued with loan capital. Three of these projects on constructing waste water treatment stations are for companies located in river basins such as Vinh Phu Textile Company (Vinh Phuc province), Thai Nguyen Export Paper Company (Thai Nguyen province), and Dong Xuan Knitted-goods Company (Hanoi City). Though the number of projects applying for loan capital, and the projects with loan capital approved for the provinces and cities in the river basins are still quite few, it bodes well for the development and application of economic tools in the environment protection in river basins. Situation of implementation of Decree No. 67/2003/ND-CP dated 13/6/2003 on environmental protection fees for waste water Following the Requirement on signing the environment recovery fund in mineral mining, the Government issued Decree No. 67/2003/ND-CP dated 13/6/2003 on the environmental protection fees for waste water. According to the reports of the DONREs in three river basins, these provinces/cities collected more than 132,1 Figure 4.1. Situation of the environment protection fees collection for domestic and industrial waste water in 2005 in river basins Source: MONRE, 2006 74

Billions VND in 2005; of which, the industrial waste water fees is 13,4 Billions VND (making 10,2%), and domestic waste water fees reach 118,7% Billion VND (89,8%). The percentage of collected fees is very low in comparison with estimates, but it is important that the fees have been collected in most provinces/cities in river basins (except for Hai Duong, Bac Kan, Ha Tay and Ninh Binh). In addition 12 provinces, cities have collected both industrial waste water fees and domestic waste water fees, creating good conditions for the development and application of economic tools in environmental protection in river basins. 4.5. IMPLEMENTATION OF EXAMINA- TION AND INSPECTION The examination and inspection (periodic and spontaneous) of environment protection of production units, businesses, service establishments and industrial zones, discharging waste water that could cause river pollution, have been priority activities in order to protect river basin environment. For implementing the direction of the Prime Minister on the environmental pollution treatment of Thi Vai River in the areas of Ba Ria-Vung Tau and Dong Nai provinces, MONRE coordinated with the People's Committees of Ba Ria-Vung Tau and Dong Nai to check production operations, business establishments and industrial zones along Thi Vai River. The insitu inspection and analysis of pollution criteria in waste water from 77 establishments and industrial zones showed that most of the establishments after receiving the EIA report appraisal or the registration of environment standards, have not implemented or fully implemented the requirements of approval or identification; 49/77 establishments have constructed waste water treatment systems but only 12 of them reached the Vietnam Standard (TCVN) (15,6%); 28/77 production establishments and industrial zones violated the regulations of waste water discharge beyond the Vietnam Standard resulting in environmental pollution of Thi Vai River. Some establishments and industrial zones discharged a great number of polluting substances in the waste water; 8/12 industrial zones have not constructed central waste water treatment stations as required by the waste treatment regulation of projects in industrial zones resulting in a great number of polluting elements in the waste water, beyond the Vietnam Standards. In 2006, MONRE in coordination with DONREs in the Nhue Day river basin and related offices established Missions to implement inspection and check of industrial zones, establishments and craft villages in the basin. The purpose of the inspection on this occasion aims at identifying the waste sources causing environmental pollution, the establishments that are causing serious pollution as well as the establishments with environmental friendly practices. The targets for inspection and checking are the establishments having a high level of waste water flow and high environmental pollution which are discharging into Nhue Day river basin currently. Through environmental protection inspection and checking of 141 establishments, industrial zones and industral complexes of high risk on environmental pollution in Nhue - Day River basin with total waste water of 28,500 m 3 /day, representing 96,6% of the industrial waste water amount in the basin (according to the statistic, it is 29.450 m 3 /day, excluding small establishments and thousands of m 3 water for cooling the devices). 119 establishments discharge waste water directly into Nhue-Day Rivers, representing 84,4%; 75 establishments have treated waste water (13.700 m 3 /day), representing 48%, but only 11 establishments have waste water treatment complying with Vietnamese Standards (3.185 m 3 /day), representing 10% of the total waste water discharging into the river basin. Through the results of inspection and checking, 40 75

establishments who were seriously violating the Law on Environmental Protection were given total fines of 249.2 million VND. These establishments were also classified and listed according to their violation levels for the treatment as stipulated in Decree No. 81/2006/ND-CP dated 09/8/2006 and Article 49 of the Law on Environmental Protection. Although not all of the production, business establishments, industrial zones and craft villages in the river basins have been inspected and checked, great effort and determination of management has been directed towards environmental protection in river basins while man power and financial resources for these activities are limited. 4.6. IMPLEMENTATION OF RIVER BASIN PLANNING Water resources planning in the river basins In river basin planning and management activities, one of the important things is water resource planning. In river basin catchments and larger territorial regions, water resource planning has just been initiated. On February 13, 2006, MONRE issued the Decisions approving the preliminary projects and total estimates for water resource planning in Dong Nai river basin, the southern central region of Vietnam (Trung Bo) and the key economic zones of North Vietnam (Bac Bo). These planning projects have purposes as follows: 1. Establishing the general framework for water resource protection, exploitation, development and utilisation; prevent, minimize damage caused by water and protect the environment relating to the water resources in the river basin (territorial region), including the identification of targets, priorities and measures for implementing the set targets of the planning; 2. Develop the principles and activities necessary for the sustainable and overall management and utilisation of water resources in the river basin, including share, exploitation, utilisation and development of water resources; protection of water resources and the aquatic bio-ecological system; prevention and mitigation of damages caused by water. Zoning of water resource exploitation, utilisation and waste water discharge The zonal planning of water resource exploitation, utilisation and waste water discharge into the water source is very important. Without planning, the situation will be that waste water discharges into upstream stretches of the river while river water is abstracted for domestic use downstream. Although there is no comprehensive planning on water resource utilisation and exploitation, in some localities, for example Dong Nai and Ba Ria - Vung Tau provinces, the regulation of water resources utilisation, exploitation and waster water discharge into the water source has been established, providing a good basis for regulating permission of waste water discharge into the water source. However, for effective implementation of overall management for river basins and in order to avoid disputes and misunderstandings between different localities within the upstream, middle and downstream sections of the river, zoning for water resources utilisation, exploitation and waste water discharge into the water source should be implemented for the overall river basin. Planning of water use and exploitation sectors In the planning of water use and exploitation sectors, irrigation planning and hydropower planning have a significant and direct impact that can result in changes to the water source. Lakes, dams, irrigation and hydropower engineering have had an effect on the water regime, flows and currents. Up to now, there have been many irrigation and hydropower planning in the three river basins, such as the irrigation plans in Cau River basin; irrigation planning in Day river basin; irrigation planning in Dong Nai river 76

basin; flood planning in Dong Nai River basin and phased hydropower planning in Dong Nai River basin system. Planning Management and River Basin Management Up to now, there are no truly river basin management organizations and offices established, although formats of planning offices for river basin management does exist. On April 9, 2001, the Minister of MARD signed Decisions No. 38 and 39/2001/QD/BNN-TCCB on the establishment of Managing Boards on the Dong Nai, Hong - Thai Binh river basins planning. These comprised technical service offices under MARD and were planning management organizations including members mainly from the Departments of Agriculture and Rural Development of the provinces in the river basins. During recent years, for many reasons due to the organization structure and the nature of representation, the activities of these managing Boards were not effective. On 28/7/2006, the Prime Minister issued the Decision No. 174/2006/QD- TTg on approval of the Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau River Basin. In this Decision, the Prime Minister assigned MONRE to prepare and request the Prime Minister to establish the Committee for Cau River basin environmental protection with the members being from the Provincial People's Committees in the river basin and competent representatives from relevant ministries and sectors for project coordination and implementation. 4.7. RESOURCE BUILDING 4.7.1. Staffing Staff acting in the field of river basin environmental protection will include management staff (river basin environ- Box 4.8. Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau river basin - Guidance viewpoints: + Protection of the landscape and ecological environment of Cau River Basin is a long-term and recurring task requiring high commitment and focus of investment resources of local governments and communities along the basin with support from the state budget. + The protection of the landscape and ecological environment of Cau River Basin should be comprehensively carried out across the entire basin across administrative borders,, integrating water quality preservation together with sufficient water supply. + Overcome the practice of unplanned sand and gravel exploitation within the river and protect the stable natural cross section of the river. + Protect alluvial deposits and forests to achieve regulated quality in order to overcome water shortage in dry months and preserve, restore and develop a clean natural environment and conserve biodiversity in the entire basin. + Develop and gradually complete the basin environmental organization and management model; develop necessary mechanisms and policies to create favorable conditions for strengthening state management; promote the socialization of environmental protection in the basin. - The main tasks are: + Complete assessment of the status and basic prevention of the increased rate of environmental pollution in Cau River Basin. + Strengthen state management efficiency and effectiveness in the entire basin. + Diversify investment resources to attract and effectively utilise resources with appropriate incentive mechanisms to overcome and treat pollution, in order to protect, restore and develop natural resources and environment in Cau River Basin. + Promote international cooperation in terms of multilateral and bilateral cooperation with different nations, international organizations and non-governmental organisations for the cooperation, experience sharing, advanced technology; and encourage and create favorable conditions for Ministries, sectors and provinces to mobilize international bilateral and multi-lateral donor sources and ODA funds to quickly promote the implementation of this Master Plan. Source: Quote Decision No. 174/2006/QD-TTg dated 28/7/2006 of the Prime Minister on approval of Master Plan on the Protection and Sustainable Development of the Landscape and Ecological Environment of Cau river basin 77

mental management, river basin pollution control, surface water resource management and environmental inspection) and the environmental monitoring staff (land surface water, marine coastal water). Staff is lacking Although the state management structure of environmental protection in general, and in river basin environmental protection in particular, have been strengthened, there is still a lack of staff (especially at local level) and there is limited capacity. According to preliminary estimation, with a total of 1.200 environmental management staff in Vietnam, there are only 150 river basin environmental management staff. Estimates according to the number of personnel shows that the capacity indicator of river basin environmental protection in Vietnam is very low, only reaching 1.8 staff/thousand people. In the three river basins, this indicator in Nhue - Day river basin is the lowest, (only about 1.2 staff/thousand people), and Cau river basin is the highest, (about 1.8 staff/thousand people). In the Vietnam Environment Protection Agency (VEPA), there is one unit in charge of river basin environmental protection (Division of Integrated Coastal Zone, Marine and River Basin Management). However within localities, there is no staff specifically in charge of environmental management in river basins. Most of the available staff are fully occupied with other tasks and therefore the time available for environmental issues in river basins is limited and does not meet the diverse requirements in this field. Staff working in environmental management in general and river basin environmental management in particular are unequally distributed among provinces. Limited capacity of staff Most of the staff working in the field of environmental protection are not specifically trained in environment and water resources and have worked in many fields, thus their knowledge of river basin environmental protection is limited. The traditional skills and professional qualification of staff has shown this to be inappropriate to present conditions, especially in a multi-sectoral field as river basin environmental protection. 4.7.2. Financial investment The expenditure for river basin environmental protection and management from the national budget has not been distributed in separate items. As it has been said in Item 4.2, the function of river basin environmental protection relates to various ministries and sectors, and thus the expenditures have been also distributed according to the relevant functions of the ministries. But most of these expenditures are from the national budget of MONRE and MARD (at central level) and DONREs and Departments of Agriculture and Rural Development (at local level). - The total budget invested for environmental protection is always increasing (for implementing the direction of Resolution No. 41-NQ/TW of the Political Bureau, the Ministry of Natural Resources and Environment have coordinated with the Ministry of Finance and Ministry of Planning and Investment (MPI) to prepare, organize and develop the project on spending 1% of the annual national budg- Figure 4.2. The estimated ratio of the total investment for the river basin environment protection in the total basin areas of three river basins Source: Research Institute of Strategy and Policy, MPI, 2006 78

et on the environment). However, until now the investment for river basin environmental protection activities is still very limited, not meeting requirements. Statistical data shows that the total investment capital for the activities within the three river basins from 2000 to 2005 was not equal (Figure 4.2). - Capital source: During recent years, the capital sources for environmental protection and management have been gradually more diversified: from national budget, international support, investment from communities and private sources. However, until now, most of the resources have been from the national budget and other sources are still very small. - Investment effectiveness: The activities and impacts of capital utilisation are still limited; priorities have not been identified for essential investments, leading to overlaps in investment. 4.7.3. Environmental monitoring and information In recent years, many programs on surface water quality monitoring for different purposes have been prepared and implemented. Work on surface water quality monitoring has been more systematically organized, achieving plenty of important time and spatial data for each basin. Although the localities within the basins are limited in finance and experience of monitoring activities, they have made considerable efforts in equipment purchase and investment, including building up laboratories for water quality analysis and monitoring. However, these activities have still not met with the necessary requirements. a. The monitoring network Recently, the river basin water environmental monitoring activities at central level have been mainly implemented by Box 4.9. Environmental Monitoring System of the Department of Natural Resources and Environment in Ho Chi Minh City From 1992, the former Department of Science, Technology and Environment and the Ho Chi Minh City Environment Committee invested in researching and building up the environmental monitoring system, and until now, the continuous monitoring of 10 points of water monitoring have been conducted monthly with most of the basic chemical, physical and hydrological elements. Source: Sub-Branch of Environment Protection in Hochiminh City, 2006 some units of MONRE and other ministries/ sectors. The most important of which is the National Environmental Monitoring System being managed by the Vietnam Environment Protection Agency (VEPA). From 2005, the master plan for three river basins: Cau, Nhue - Day, Dong Nai river system were approved by VEPA and the monitoring activities in these river basins have been implemented. However, due to the financial limitation, the monitoring activities have not been fully implemented with full monitoring points and frequency as designed in the program. In MONRE, there are also other monitoring activities such as the monitoring network for hydro-meteorology and water environment of the National Hydrometeorology Services; and the monitoring network for underground water managed by the Department of Geology and Minerals of Vietnam. Apart from this, other ministries and sectors also have monitoring activities for surface water in river basins for their own purposes. For example, the Ministry of Fishery conducts water quality monitoring for aquaculture, the Ministry of Health conducts water quality monitoring for ensuring hygiene conditions and MARD conducts water environmental monitoring for agriculture. Besides national environmental moni- 79

toring stations, many provinces/cities in the river basins also set up monitoring centers for examining and supervising the general environmental quality for environmental protection management of the localities (such as Hochiminh City, Dong Nai, Binh Duong of Dong Nai river basin; Thai Nguyen, Bac Ninh, Vinh Phuc, etc. of the Cau river basin; and Ha Noi, Nam Dinh, etc. of Nhue-Day river basin). The local activities of river basin water environmental monitoring have been strengthened with an increase in the number of monitoring points, monitoring parameters and frequency. However, surface water quality monitoring activities in the three river basins have still limitations as follows: - Due to the limited investment finance and man power resources for water environmental monitoring, the monitoring frequency is sparse, monitoring parameters are limited and the monitoring points are less than the practical requirements. - Continuous water quality monitoring activities are not in operation. Thus it is difficult for timely identification and prediction of pollution problems when they appear or are potential. - Some localities have facilities with equipment for environmental monitoring and analysis, however, long term development and man power resource training activities have not been given much attention. - Activities of quality assurance (QA) and quality control (QC) in environmental monitoring are still poor, thus impacting on the quality and standardisation of the data. b. Databases and information system Until now, there is no information system for river basin environment at either central or river basin level, and there are Box 4.10 The National Master Plan of Water Environmental Monitoring for three river basins: Cau, Nhue-Day and Dong Nai river system In 2005, VEPA approved the Master Plan of Water Environmental Monitoring for Cau, Nhue- Day and Dong Nai - Sai Gon river basins. In this program, the monitoring activities at national level for the water environment in three river basins will be conducted with a frequency of 6 times per year, and the monitoring points cover the entire basins. Expenditure for implementing this master plan is 1.2 to 2.5 billions VND /year/ basin. Source: VEPA, 2006 no unified standards for such an information system or mechanisms for updating environmental information of river basins in the whole country In 2006, VEPA in coordination with the provinces in the river basins developed, established and updated information for an electronic bulletin on river basin environment. Some localities in the river basins have developed an environment database for their own locality. However, there are no databases at basin level or sub-basin level. The exchange, sharing of environmental data and information among the provinces within river basins and among basins is still very poor. The Decree No. 162/2003/ND-CP dated 19/12/2003 of the Government issued the Regulation on the collection, management, and use of water resources database and information. This document provided the legal basis for developing models for database management of water resources and also defined the roles and responsibilities of the relevant offices in database management. However, the regulation up to now has not been implemented effectively. 80

4.7.4. Research activities Researches of river basins were implemented early in Vietnam, especially thematic researches in the fields of hydrometeorology, relief - geomorphology, etc. making good basis of the orientation of socio-economic development in the river basins. Studies on water environmental quality and development in the river basins have been increasingly promoted in recent years. The studies have recommended some practical measures, making active contributions to environmental protection in river basins and providing valuable data for subsequent researches. However, there are limitations in the research activities, for example studies not being disseminated and not focused. Most of the studies have been at a general level, not specialized in water quality, planning methodologies, economic tools, information equipment or conflict management in river basins. Some of the studies have also not been very practical, not having a very high application effectiveness. 4.8. COMMUNITY PARTICIPATION In recent years, achievements in environmental protection activities have depended mostly on community participation. Box 4.11. Strengthen community roles in environmental protection activities "Environmental protection is the right and obligation of every organization, family and each person, being the symbol of morality and cultural life, and an important criterion for a civilized society and for the traditional continuity of natural preference, living in harmony with the nature of our forefathers". Solution No. 41/NQ-TW dated 15/11/2004 of the Political Bureau on environmental protection in the period of strengthening industrialization and modernization of the country. However, participation of communities in environmental protection in river basins has been still limited: - The community potential has not been fully mobilized, the participation of the community in decision making, policy planning and in environmental management activities has been very poor. - The responsibilities on environmental protection in river basins and legislation compliance of enterprises and the community are not very high. - Awareness of the community on environmental protection in river basins has been a problem that should be addressed. This problem will exist until there is a change in the inherent concept that environmental protection is not an individual responsibility. 81

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