Like other Southeast Asian countries, Vietnam is facing diverse environmental issues due to its rapid economic growth and industrialization. The “Resolution No. 35/NQ-CP on a number of urgent issues in environmental protection”, which was promulgated in 2013, has identified seven issues as the country’s challenges as listed below. As seen in items 1 and 4 of the list, water pollution has been recognized as a major problem in Vietnam. Air pollution has also become a concern in large cities due to the sharp increase of automobiles and motorcycles. Awareness about soil pollution has also raised in recent years. As mentioned later, the country’s “Law on Environmental Protection of 2014” also refers to soil pollution control.
Waste management is also of a major interest in the country. The “Prime Minister’s Decision No. 2149/QD-TTg on approving the national strategy for integrated management of solid waste up to 2025, with a Vision to 2050” has set numerical targets not only for management of municipal wastes but also for that of industrial wastes. Additionally, regulations on collection of e-wastes were promulgated in August 2013. Companies all over the world are concerned about its enforcement because it introduced the scheme of extended produce responsivities (EPR) in Vietnam.
In the field of energy conservation, a system of laws and regulations was developed in 2010, stipulating detailed rules on energy-saving labels for products and energy efficiency management in facilities, such as factories and shopping complex. In particular, consumer awareness on products with energy-saving labels is increasing, and a survey conducted at consumer electronics retailers in large cities such as Hanoi and Ho Chi Minh City has revealed that the sales of products with energy-saving labels have increased by about 10-15% .
Regarding management of chemicals, after the promulgation of the “Law on Chemicals” in 2007, implementing regulations for the Law were set successively, developing a scheme for proper chemical management.
In Vietnam, in addition to the National Assembly, state bodies, central ministries and other governmental agencies have the right to enact legal documents. There are many types of legal documents in Vietnam but the legal system in the field of environment can be summarized as below.
In Vietnam, the right to enact constitution and a law (Luat) are given only to the National Assembly while the aforementioned ministries/agencies have the right to establish legal normative documents including ordinances (Lenh), resolutions (Nghi Quyet), decrees (Nghi Dinhe), decisions (Quyet Dinh), directions (Chi Thi), and circulars (Thong Tu). The hierarchical relationships among these legal documents are determined pursuant to the relationships between the ministries/agencies that issued the documents or as stated in premises of such legal documents.
Environmental standards in Vietnam can be roughly classified into two types: Vietnamese National Standard (TCVN) and National Technical Regulation (QCVN). TCVN and QCVN are issued pursuant to the Law on Standards and Technical Regulations (68/2006/QH11), which was established in June 2006. The features of each are summarized as follows.
Previously the country had set environmental standards and emission standards as TCVNs (voluntary standards). But in recent years they have been set as QCVNs (mandatory regulations). This means emission standards have become legally binding.
The Law on Environmental Protection defines the basic principles and direction for overall environmental management in Vietnam as a basic environmental law of the country.
Vietnam enacted its first environmental law relatively recently, in 1993. Prior to that, in 1991, the National Plan for Environment and Sustainable Development 1991-2010, the country’s first policy that aimed to achieve both economic development and environmental protection, was set[2]. Then, in 1993, the proposed Law on Environmental Protection was approved by the National Assembly as a law to comprehensively deal with environmental issues. The Law then came into effect on January 10, 1994. Subsequently, in 1995, environmental standards and emission standards for air, water, soil, etc. were established. Multiple implementing rules for EIA were also issued from 1994 to 1995. Besides, before and after the promulgation of the Law on Environmental Protection of 1993, the state government promulgated various environmental laws successively (e.g., Law on Forest Protection and Development of 1991, Law of Land Use of 1993, Law on Water Resources of 1998, etc.).
Then the Law on Environmental Protection was fully revised in 2005 (52/2005/QH12). The former version of the Law (1993) had 55 articles while the revised one (2005) had 136 articles, which are almost doubled. The major revisions include the clarification of each provision and the establishment of a separate chapter on waste management[3].
Then, on June 23, 2014, the current version, the Law on Environmental Protection of 2014 (55/2014/QH13) was promulgated. The Law consists of 170 articles in 20 chapters and came into effect on January 1, 2015.
[1] Currently the Law on Environmental Protection of 2014 is under review for full revision (as of December 2019). A draft of the law that was published on December 13, 2019 consists of 176 articles in 17 chapters and 4 annexes, stipulating newly introduced management systems (e.g. waste audit scheme for factories). The draft has a large impact on business activities and is worth paying attentions to.
[2] http://www.rrcap.ait.asia/pub/soe/vietnam/overview/environmental_management_and_legislation.htm
[3] http://www.env.go.jp/earth/coop/oemjc/H18_csr_asia/H18_all.pdf
Framework of EHS laws and regulations in Vietnam.
| Category | Theme |
|---|---|
| Overall |
Overview, Environmental Standards Vietnam, Organizations with Governing Environmental Regulations |
| Chemical | Chemicals |
| Waste | Waste Management |
| Energy | Energy Conservation |
| Water | Water Management |
| Air | Air Pollution Control |
| Soil | Soil Pollution Control |
| Other Pollution | Noise, Vibration, Odor |
| OSH | Occupational Safety and Health |
| Others |
Vietnam
Overview of environmental issues in Vietnam Like other Southeast Asian countries, Vietnam is facing diverse environmental issues due to its rapid economic growth and industrialization. The “Resolution No. 35/NQ-CP …
Vietnam
On August 20th, 2020, Vietnam legislated the “Directive 33/CT-TTg on strengthening reuse, recycle, treatment and reduction of plastic waste”, setting the policy for promulgating various new regulations or amending existing …
Vietnam
Vietnam enacted the “Decree No. 98/2020/ND-CP on the penalties for administrative violations in trading and production of counterfeit and banned goods, and protection of consumer rights” on August 20, 2020. …
Vietnam
On August 13, 2020, the Ministry of Industry and Trade (MOIT) of Vietnam published the “Directive No. 12/CT-BCT on strengthening the management of hazardous chemicals, explosive precursors and industrial explosive …
Vietnam
On July 21, 2020, the Ministry of Industry and Trade (MOIT) of Vietnam consulted the draft “National Technical Regulation (QCVN) on the limits of total lead in paints”. The draft …
Vietnam
On July 21, 2020, the Ministry of Industry and Trade (MOIT) of Vietnam released a draft “National Technical Regulation (QCVN) on safety management in the manufacture, storage, transport and use …
Vietnam
On July 20, 2020, the Prime Minister Decision “No. 1055/QD-TTg on the national plan for climate change adaptation for the period of 2021-2030 with a vision to 2050” were enacted, …
Vietnam
NOTE: On December 21, 2020, The Circular 45/2020/TT-BCT stipulating National Technical Regulations (QCVN 02:2020/BCT) on mercury content in fluorescent lamps were officially published. Fluorescent lamps subject to the QCVN and maximum permissible …
Vietnam
On July 1, 2020, the Department of Energy Conservation and Sustainable Development of the Ministry of Industry and Trade (MOIT) of Vietnam, in collaboration with Eco-Environmental Institute (EEI) and VNEEC, …
Vietnam
The Prime Minister’s Decision No. 889/QD-TTg on approval of the National Action Plan on Sustainable Production and Consumption for the period 2021-2030 was enacted in Vietnam on June 24, 2020. …
Vietnam
On June 19, 2020, the Ministry of Health of Vietnam enacted the “Circular No. 11/2020/TT-BYT on the lists of prohibited or restricted active substances used for household or medical insecticides …
Vietnam
The “Governmental Decree No. 53/2020/ND-CP on Environmental Protection Fee for Wastewater” was enacted in Vietnam on May 5, 2020. This decree detailing environmental protection fee is applied to organizations and …
Vietnam
On April 21, 2020, the Ministry of Industry and Trade (MOIT) of Vietnam announced that a draft of Circular on planning and implementation report of efficient energy use and and …
Vietnam
In Vietnam, on April 8, 2020, Governmental Decree No. 42/2020/ND-CP on Transportation of Dangerous Goods on Roads and Inland Waterways was enacted. This decree replaced “Governmental Decree No. 104/2009/ND-CP on …
Vietnam
On April 6, 2020, Vietnam Chemical Agency(VINACHEMIA) of Ministry of Industry and Trade(MOIT) published Official Document No. 288/HC-ATHC for enterprises engaged in chemical-related activities, and called an additional nomination for …
Vietnam
The Directorate General of Customs of Vietnam has promulgated an Official Document No. 6836/TCHQ-GSQL, which requests the Ministry of Industry and Trade (MOIT) to strengthen import management for nitrous oxide …
Vietnam
In March 2020, Vietnamese Ministry of Industry and Trade (MOIT) released a “Draft of Technical Standard (QCVN) on safety requirements for Liquefied Petroleum Gas (LPG) containers to collect public comments. …
Vietnam
In Vietnam, on 18th March, 2020, the “Prime Minister’s Decision No.09/2020/QD-TTg on measures to respond to waste incidents” was enacted. This decision was made to prepare and organize the response …
Vietnam
On March 16, 2020, the Vietnamese Ministry of Industry and Trade (MOIT) published “Circular No. 05/2020/TT-BCT on amendment and supplement of some articles of ‘Joint Circular No. 47/2011/TTTL-BCT-BTNMT on the …
Vietnam
On February 21, 2020, Vietnam enacted the “Ministry of Industry and Trade (MOIT) Decision 588/QD-BCT on the Awarding of the Best Energy Efficient Products in 2020”. The decision is one …
Vietnam
Ministry of Labors, Invalids and Social Affairs (MOLISA) of Vietnam enacted the “Circular No. 36/2019/TT- BLĐTBXH on the list of machinery, equipment, materials and substances subject to strict requirements ” …
Vietnam
On December 13, 2019, the Ministry of Natural Resources and Environment of Vietnam published a new bill to fully amend the Environmental Protection Law of 2014 and opened the call …
Vietnam
Vietnamese Ministry of Natural Resources and Environment (MONRE) announced on September 11, 2019 that Deputy Prime Minister Trương Hòa Bình and Trinh Dinh Dung ordered the provincial people’s committees to …
Vietnam
In Vietnam, on August 30, 2019, the “Government Decree No.71/2019/ND-CP on administrative penalties for violations in the field of chemicals and industrial explosives” was enacted. This decree sets penalties and …
Vietnam
On June 26, 2019, Vietnamese Ministry of Science and Technology (MOST) enacted the “Circular No. 04/2019/TT-BKHCN on handling of chemical substances for scientific experiments and research”. The circular is a …
Vietnam
On June 10, 2019, the Ministry of Health of Vietnam enacted the national technical standard of “QCVN 03:2019/BYT on Permissible Exposure Limit Value of 50 chemicals in the workplace” (hereinafter …
Vietnam
The “Governmental Decree No.40/2019/ND-CP on amending and supplementing several provisions for the implementation of the ‘Law on Environmental Protection’” (hereinafter referred to “the decree”), which was enacted on May 13, …
Vietnam
The Ministry of Industry and Trade (MOIT) of Vietnam enacted the “Decision No. 973/QD-BCT on announcement of an energy efficiency standard applicable to the Energy Labeling Program” on April 19, …
Vietnam
Vietnam enacted the Prime Minister’s Decision No. 16/2019/QD-TTg (hereinafter referred to as “the decision”) on March 28, 2019, which sets the roadmap for introducing emission standards for road vehicles and …
Vietnam
On March 21, 2019, the Ministry of Health of Vietnam enacted the national technical standard of “QCVN 02:2019/BYT on permissible exposure limit value of five dusts in the workplace” (hereinafter …
Vietnam
The Directorate General of Environment of Vietnam’s Ministry of Natural Resources and Environment, in cooperation with the Institute of Environmental Science and Technology (INEST) and Hanoi University of Technology, held …
Vietnam
In Vietnam, the Ministry of Industry and Trade (MOIT) enacted the “Decision No. 4889/QD-BCT on technical standard for energy labeling for LED lighting” on December 27, 2018. This decision set …
Vietnam
On November 28, 2018, the World Wide Fund for Nature (WWF), in collaboration with the Vietnam Textile and Apparel Association (VITAS), published a report titled “Textile and Garment Sector in …
Vietnam
On October 18, 2018, Vietnam’s Draft Notice on Standards to Identify Water Saving Products and Equipment (“Draft Notice”) was notified on the WTO/TBT. The draft is based on the “Governmental …
Vietnam
A conference on bilateral cooperation between Vietnam and Sweden on chemical management in Vietnam was held in Hanoi from June 11-14, 2018. The expert body of the Swedish Chemicals Agency …
Vietnam
On March 7, 2018, the seminar of “Research Project on Expanded Producer Responsibility Regulations of Vietnam (Decision 16)” was held in Hanoi, which was mainly organized by Hitachi Transport System, …
Vietnam
On September 11, 2017, Vietnam’s Ministry of Natural Resources and Environment (MONRE) enacted the “MONRE Decision No. 2186/QD-BTNMT on Vietnam Green Labeling Standards for batteries (NXVN 15:2017), photocopiers (NXVN 16:2017), …
Vietnam
The draft “Circular on environmental protection for chemicals, plant protectants and veterinary medicines” was released in Vietnam on March 23, 2017. The draft, which was developed subject to Articles 59 …
Vietnam
On December 21, 2015, Vietnam enacted the Circular No. 64/2015/TT-BTNMT to set technical standard on soil environment. This circular came into effect on March 1, 2016 and accordingly, the previous …
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