Assessment of Vietnam’s Policy and Legal Framework on Contaminated Soil Monitoring

1. Strengthening Contaminated Soil Monitoring in Vietnam AECEN Twinning Partnership: Ministry of Natural Resources and Environment of Vietnam and Ministry of Environment of Korea Regional Consultation Workshop, 29 – 30 November 2011, Hanoi, Vietnam Assessment of Vietnam’s Policy and Legal Framework on Contaminated Soil Monitoring

2. Outline • Assessment of policy & framework for contaminated soil monitoring in Vietnam: • Quick analysis & assessment of the existing legal documents • Implementation efforts for issues related to contaminated soil remediation and management • Major challenges, gaps • Technical guideline of contaminated soil monitoring • Recommendations for future collaborations (Office 33, AECEN, KMOE and other relevant organizations)

3. Introduction: Environmental issues related to soil contamination in Vietnam • Open landfill dumping sites in Asian developing countries including Vietnam: potential sources of dioxins and other persistent organic pollutants (POPs), heavy metals. • Agent Orange/Dioxin from former US Army Bases during US-Vietnam War: heavy dioxin contamination in soils, sediment, biota & human. • POPs pesticides & their stockpiles: widespread contamination throughout the country

4. Phnom Penh, Cambodia Chennai, India Open landfill dumping sites for municipal wastes in major cities from Asian developing countries including Vietnam • Uncontrolled burning of wastes (burning by low temperature & waste pickers • Located near human habitats

5. Dioxin residues in soils from dumping sites in Asian countries exceeds environmental guideline values Source: Minh et al. (2003). Environ. Sci. Technol. 37, 1493 10000 1000 pg TEQ/g dry wt: Japanese Standard and ATSDR, VN standard (3) 1000 250 pg TEQ/g dry wt: Japanese Government (2) 100 50 pg TEQ/g dry wt: ATSDR (1) TEQ concentration (pg/g dry wt.) • ATSDR for bioavailability, ingestion rates, ect. • Japanese Government, for continuous monitoring necessity • Japanese Standard and ATSDR guidelines for stronger action • & research on exposure and health studies 10 1 0.1 0.01 ATSDR: Agency for Toxic Substances and Disease Registry India Cambodia Philippines Vietnam-Hanoi Vietnam-Hochiminh

6. Heavy dioxin contamination in soils, sediment, biota & human from Agent Orange/Dioxin hotspots Phu Cat, 2008 Bien Hoa, 2008 Da Nang, 2010 1000000 100000 10000 TEQ Concentration (pg/g dry wt) 1000 100 10 1 Buffer Lake B Lake C Lake A Z1 Area Landfill SE Airbase Perimeter Z1 Pacer Ivy site Sediment tank Former storage Former loading Canal sediment Former storage Former washing SW Airbase corner Soil near Sen Lake Sen Lake sediment Pond & Lake sediment Former mixing & loading

7. POPs pesticides: elevated contamination of DDT Sources: Minh et al. 2008. Rev. Environ. Contam. Toxicol. 193, 213-285 PCBs and DDT residues in soils from different regions in the world South Korea, urban soil PCBs Vietnam, Hanoi, rural soil DDTs Vietnam, Hochiminh, rural soil Vietnam, Hanoi, dumping site soil Vietnam, Hochiminh, dumping site soil Cambodia, rural soil Cambodia, dumping site soil India, rural soil India, dumping site soil Ireland, urban soil Russia, agricultural soil Slovak Republic, waste site soil United States, general soil United States (Alabama), agricultural soil Argentina, agricultural soil Egypt, urban soil 0.01 0.1 1 10 100 1000 Concentration (ng/g dry wt)

8. Introduction • Soil contamination remediation and management is one of priorities of Vietnamese Government Examples of major issues related to soil contamination POPs pesticides stockpiles: old storages & sites including contaminated soils: throughout the countries Contaminated soil/sediment in Agent Orange/Dioxin at hotspots: former US Airbases, Bien Hoa, Da Nang & Phu Cat

9. MONRE-KMOE Twinning partnership USAID ECO-Asia Project Asian Environmental Compliance & Enforcement Network (AECEN): 16 Asian Countries including Vietnam Korea Ministry of Environment (KMOE) Technical exchange Office 33, MONRE Target training Strengthen policy & practices on soil contamination monitoring

10. Objectives & Outputs * Partnership: • Promote transfer of best practices & experiences from Korea to Vietnam related to soil contamination monitoring & management • Identify gaps on existing regulations related to contaminated soil monitoring & management in Vietnam & develop recommendations to strengthen the regulations & soil monitoring practices • * Outputs: • Rapid assessment report on legal framework related to contaminated soil monitoring & management in Vietnam • Recommendations of contaminated soil monitoring guidelines for Vietnam • Capacity strengthening of issues related to contaminated soil monitoring and management (criteria, parameters for contaminated soil, procedures for establish standards & regulations, legal framework for contaminated sites monitoring and management)

11. Review of legal documents related to soil contamination monitoring & management in Vietnam

12. Legal documents: law, regulations, standards Law: Law on Environmental Protection Provisions: Environmental standards, environ. monitoring programs, reports on status of the environment, environmental protection in agricultural production Legal documents from ministerial level - Ministry of Natural Resources & Environment (MONRE) - Ministry of Science & Technology (MOST) - Ministry of Agriculture & Rural Development (MARD) Legal documents from Governmental level - Political bureau - Prime Minister

13. Governmental level Decision No. 16/2007/QD-TTg Overall national planning of monitoring network for natural resources & environment General environmental protection issues Resolution No.41-NQ/TW, 2004 environmental protection in industrialization & modernization in Vietnam National strategy on environ. protection until 2010 & vision towards 2020, issued in 2003 Decision No. 64/2003/QD-TTg Plan for thoroughly treatment of the establishments causing serious environ. contamination Instruction No. 17/2008/CT-TTg Urgent measures, institutional roles & respon. of ministries to speed up the thorough treatment of the establishments causing serious environ. contamination Specific issues for environ. treatment/remediation, chemical management Decision No. 67/2004/QD-TTg Implementation Plan for remediation of problems caused by toxic chemicals used by the American Army during the War Decision No. 1946/2010/QD-TTg Approval of the treatment & prevention plan for environ. pollution caused pesticide stockpiles Decision No. 184/2006/QD-TTg Approval of the NIP for Stockholm Convention on POPs

14. Ministerial level Ministry of Natural Resources & Environment (MONRE): 03 National : - threshold level of 5 heavy metals in soil technical - threshold level of 39 pesticides in soil regulations - threshold of hazardous wastes 02 circulars: - Regulation on economic & technical norm for investigation & assessment of soil quality (Circular No. 28/2010/TT-BTNMT) - Regulations on procedure of soil monitoring techniques (Circular No.33/2011/TT-BTNMT) 01 decision: - Launching program on treatment & prevention plan for environ. pollution caused by pesticide stockpiles (Decision No. 2357/QD-BTNMT, 2010)

15. Ministerial level Ministry of Science & Technology (MOST) • 13 technical standards (TCVN) 02 standards: classification of soil pollutants by chemicals, thresholds values of 5 heavy metals, 39 pesticides, & dioxins in soils from heavily contaminated hotspots 02 standard: terminology on soil quality 05 standards: different issues for soil sampling 04 standards: procedures for determination of various parameters in soils: heavy metals, PCBs, PAHs, chlorinated & phosphorous pesticides

16. Ministerial level Ministry of Agriculture & Rural Development (MARD) • 02 Circulars: • Regulations on management of plant protection chemicals, including verification of quality & residues of plant protection chemicals • List of plant protection chemicals that are allowable, restricted and prohibited to use in Vietnam

17. Hierarchy of legal documents on environmental protection & management including those related to soil contamination Resolution No.41-NQ/TW, 2004 environmental protection in industrialization & modernization in Vietnam National strategy on environ. protection until 2010 & vision towards 2020, issued in 2003 Decision No. 16/2007/QD-TTg Overall national planning of monitoring network for natural resources & environment Decision No. 67/2004/QD-TTg Implementation Plan for remediation of problems caused by toxic chemicals used by the American Army during the War Decision No. 184/2006/QD-TTg Approval of the NIP for Stockholm Convention on POPs Decision No. 64/2003/QD-TTg Plan for thoroughly treatment of the establishments causing serious environ. contamination Decision No. 1946/2010/QD-TTg Approval of the treatment & prevention plan for environ. pollution caused pesticide stockpiles Instruction No. 17/2008/CT-TTg Urgent measures, to speed up the thorough treatment of the establishments causing serious environ. contamination Decision No. 2357/QD-BTNMT, 2010 Launching Program on treatment & prevention for environ. pollution caused by pesticides stockpiles during 2010-2015

18. Analysis & assessment

19. Issues need to address/discuss • Power, effectiveness of the legal documents: Do they have enough legal power to cover most important issues related to environmental protection including soil contamination? Gaps, overlapping? • Technical aspects: technical regulations and standards: Are they technically enough to cover relevant issues? And do they have good topicality, technical quality and timely update? • National capability for implementation of the legal regulations and implementation effectiveness: Do governmental & national agencies/institutions have enough capability to implement the regulations and how effective it is?

20. Power & effectiveness of the legal documents • Complicated legal system, overlapping in functions/mandates of agencies • Change and update often, sometimes due to low quality of the drafting process, thus affect the implementation • When legal documents have good quality, the application still remains weak due to lack of capacity of agencies, financial resources, equipment & technology • Currently no comprehensive and systematic legal framework or documents specifically designed for soil contamination monitoring & management

21. Example Some overlapping issues in Decisions regarding treatment plan of the establishments causing serious environmental pollution & pesticide stockpiles Decision No. 64/2003/QD-TTg Plan for thoroughly treatment of the establishments causing serious environ. contamination (including pesticide stockpiles) Decision No. 1946/2010/QD-TTg Approval of the treatment & prevention plan for environ. pollution caused pesticide stockpiles Similar/overlapping issue: treatment & prevention plan for environ. pollution caused by pesticide stockpiles Instruction No. 17/2008/CT-TTg Urgent measures, to speed up the thorough treatment of the establishments causing serious environ. Contamination (including pesticide stockpiles) Decision No. 2357/QD-BTNMT, 2010 Launching Program on treatment & prevention for environ. pollution caused by pesticides stockpiles during 2010-2015

22. Technical aspects: regulations & standards • Many technical standards (TCVN) are available for threshold levels of chemicals in soils, soil sampling techniques, chemical analysis of pollutants in soils, but information scattered and there is lack of comprehensive and synchronous system of actions and solutions specific for soil contamination monitoring • Some existing technical standards (TCVN) is outdated and need to be updated, such as methods for determination of chemical parameters • Existing standards and regulations are still sometimes overlapped and not complementary • Lack of technical regulations on threshold levels of important toxic chemicals in soils such as POPs (PCBs, PAHs) and heavy metals (Hg, Ni, Cr …) • Standards for dioxins are available in soils/sediments from heavily contaminated hotspots, but not for general sites. • Lack of a synchronous system of criteria for monitoring, management and remediation (such as level of concern & action level)

23. Example MOST: TCVN 5300:2009. Soil quality – classification of soil polluted by chemicals (MOST) MONRE: National technical regulations on threshold of heavy metals and pesticides in soils: QCVN 03:2008 & QCVN15:2008/BTNMT Similar content: threshold levels of 5 heavy metals & 39 pesticides: • Gaps: • - Classification of soil polluted by chemicals • only based on levels of 5 heavy metals & 39 pesticides • No other important chemical pollutants? • Overlapping in function/mandate of issuing agencies

24. Example • Circular No.28/2010/TT-BTNMT: Regulation on the economic and technical norm for investigation & assessment of soil quality. • Some regulations on technical aspects on investigations and assessment of soil quality available: sampling techniques, physical, pedologic and chemical parameters; but not comprehensive & technically detailed, lack of clear objectives • On the other hand: very detailed economic & technical norm: content of work, equipment and consumable materials: too much details that give feeling unpractical to implement or even sometime unnecessary

25. National capability for implementation of the legal regulations and implementation effectiveness • Lack of technical expertise & capacities, budget constrains are barrier for effective implementation of legal requirements • Lack of proper awareness of the necessity of interested issues (soil contamination monitoring) • Lack of effective coordination, unclear division of responsibility and conflicting mandates Example: Decision No. 64/2003/QD-TTg Plan for thoroughly treatment of the establishments causing serious environ. contamination (including pesticide stockpiles) Due to slow and not quite effective implementation Instruction No. 17/2008/CT-TTg Urgent measures, to speed up the thorough treatment of the establishments causing serious environ. contamination (including pesticide stockpiles)

26. Current situation of contaminated soil monitoring & management in Vietnam • Results obtained for soil management in Vietnam • Economic and regulative tools were established for protection of soil environment: Strategies, circulars, laws, plans, decisions, guidelines … • focus on the following issues: • + Management, collection & treatment of wastes, hazardous wastes • + Sound management and effective use of chemicals, collection and treatment of pesticides, treatment of obsolete pesticide stockpiles • + Environmental protection of urban, industrial areas, trade villages • + Management and control of pollution sources, establishments causing environmental problems • + Environmental impact assessment • + Land use planning and some others including protection of soil • + Economic norms for different issues related to wastewater and solid water, fee for environmental protection in mining, manufacture, business, etc.

27. Key gaps & challenges Lack: a synchronous system solutions & actions Lack: consistent & consensus among issuing authorities Soil contamination monitoring Lack: updated technical standards for thresholds & procedures Lack: technical capability

28. Gaps in soil management in Vietnam • Lack of specific and concrete regulations on soil management in existing legal documents in Vietnam • There is no strategic plan for environmental soil management in Vietnam • + How to have good management for each type of soil to mitigate adverse impacts due to natural and anthropogenic factors • + Appropriate measures to remediate degraded and contaminated soil • + How to deal with land/areas with serious soil contamination • - Currently no comprehensive and systematic legal framework or documents specifically designed for contaminated soil monitoring & management

29. Implementation efforts on issues related to soil contamination monitoring & remediation in Vietnam

30. National environmental monitoring network established in 1994, comprising 03 soil monitoring stations Ministry of Agriculture & Rural Development (MARD) Ministry of Science, Tech & Environment (former MONRE & MOST) 03 soil monitoring stations: North, central & south 31 chemical parameters can be analyzed in soils North: 01 Ph.D., 3 Msc, 4 eng. Central: 1 Ph.D., 3 Msc, 3 eng South: 01 Ph.D., 01 Msc, 5 eng. • Equipment: • AAS, GC/MS, HPLC • - Sampling equipment

31. Two major issues: Agent Orange/dioxin at contaminated hotspots & POPs pesticides stockpiles Contaminated soil/sediment in Agent Orange/Dioxin at hotspots: POPs pesticides stockpiles Efforts to tackles issues • Legal documents: • 02 Decisions from Prime Minister • National action plan for environmental remediation drafted • Actions: • Monitoring programs (Ministry of Defense, Office 33 & Inter. Agencies, companies) • -Isolation, containment programs of dioxin contaminated soils • -GEF-UNDP Project: environ. Remediation of AO/dioxin contaminated hotspots • Legal documents: • 01 Decisions from Prime Minister & 01 decision from MONRE • Actions: • Monitoring programs to identify stockpiles (VEA, MONRE & research institutes) • -Isolation, containment programs of pesticides contaminated soils • -GEF-UNDP Project: Sound management and disposal of POPs pesticides stockpiles

32. Implementation effectiveness AO/Dioxin: • Research and technology programs: Soil monitoring & remediation from hotspots: Bien Hoa, Da Nang, Phu Cat airbases: MOD, Office 33, 10-80 Committee, International agencies, consulting companies • Reduction of dioxins levels in soils and other environmental media POPs pesticides stockpiles: • Extensive surveys to identify more than 200 sites throughout the countries: old storages and sites including contaminated soils • Chemical treatment and isolation of pesticide stockpiles in some hotspots: Nghe An province

33. Technical guideline for contaminated soil monitoring • General provisions • Overall objectives • Scope of application • Definition and terminology • Criteria for contaminated soils • Classification of soil • Classification of contaminated soil • Technical guidelines for implementation of contaminated soil monitoring • General requirement for contaminated soil monitoring techniques • Technical content of contaminated soil monitoring techniques

34. Technical guideline for contaminated soil monitoring • General provision • Objectives, scope of application, definitions Objectives: Detailed technical guidelines for procedure of monitoring contaminated soil Scope of application: similar to those applied for draft circular on general soil monitoring procedure: state agencies in charge of environmental management at national and sub-national levels, environment monitoring stations and any entities and individuals involved in soil monitoring and reporting monitoring data and results to national and sub-national environment authorities.

35. Technical guideline for contaminated soil monitoring Criteria for contaminated soil • Classification of soil: 5 land-use categories • Agriculture • Industry • Recreation and residential • Forestry • Commercial and service • Classification of contaminated soil: based on frequency of detection and contamination levels of 39 pesticides and 5 heavy metals • Heavily contaminated • Medially contaminated • Mildly contaminated

36. Technical guideline for contaminated soil monitoring Technical content of the guidelines for implementation of contaminated soil monitoring • Principle of site investigation • Preparation for fieldwork and sampling • Principle of collection of representative sample • Sample handling and transport • Procedure for decontamination • Field QA/QC • Laboratory analysis • Sample handling in the laboratory • Sample preparation/treatment methods/procedures • Analytical methods • Data reporting

37. Technical guideline for contaminated soil monitoring Principle & procedure for site investigation (survey) Procedure for preparation of fieldwork and sampling Content of guidelines for contaminated soil monitoring Procedure in the laboratory: sample preparation/treatment, analytical methods Data interpretation and reporting

38. Recommendations for future collaborations Tackle problems related to contaminated environment Establish/develop national framework/strategy for contaminated land management Technical assistance & investment for monitoring and pilot treatment/remediation of contaminated environment

39. Future collaboration proposals • Establish official guidance documents for monitoring of contaminated soil • Contribution to the establishment of the overall national framework for • contaminated land management • Creating comprehensive framework/strategy • Capacity building for technical and management staffs for • land/contaminated site management: exchange training courses, • joint local and regional workshops, conferences, etc • Development of technical assistance framework for monitoring of soil, water, air contamination and pilots for treatment/remediation technology • Monitoring of contamination: exchange trainings, field surveys programs for monitoring of soil, water, air environment for important parameters (heavy metals, POPs, • Investments for pilot for treatment/remediation of contaminated site hotspots of pollution (POPs pesticides & dioxin hotspots)

40. Thank you!