Brief report: the Law on Environmental Protection 2020 of Vietnam (1)

On November 17, 2020, the National Assembly of Vietnam enacted the Law on Environmental Protection 2020 (72/2020/QH14). Article 69 of the law stipulates requirements for environmental protection in the management of Persistent Organic Pollutants (POPs) and raw materials, fuels, materials, products, goods and facilities containing POPs. This works as a new regulation that was not included in the existing Law on Environmental Protection 2014 (55/2014 / QH13). The details are as follows:

• Manufacture, import/export and use of POPs listed in Annex A of the Stockholm convention and exceeding the maximum permissible level are prohibited. And also, manufacture, import/export and use of raw materials, fuels, materials, products, goods and equipment containing such POPs are prohibited. However, those exempted from the application according to Stockholm Convention are not covered.
• POPs and raw materials, fuels, materials, products, goods and equipment containing POPs must be managed as sources of harmful substances, and their labeling and compatibility must be evaluated and inspected.
• POPs exceeding the maximum permissible level and raw materials, fuels, materials, products, goods and equipment containing such POPs are permitted to be recycled or discarded in accordance with legal regulations, but requirements for environmental protection and prohibition of reuse should be ensured.
• POPs exceeding the maximum permissible level and raw materials, fuels, materials, products, goods and equipment containing such POPs must be stored, collected, managed and treated in accordance with requirements for hazardous waste management and environmental protection.
• Organizations that manufacture and trade POPs and raw materials, fuels, materials, products, goods and equipment containing POPs must report the calculation results of the quantity of pollutants discharged into the environment such as air, water and soil according to the specified types and lists. Furthermore, such organizations must outsource processing for information management and environmental risk management.
• Assessments, risk warnings, safety controls, safe treatments and environmental recovery proposals must be implemented in areas with residual of or contamination by POPs.

Please see more about the details of the Law on Environmental Protection 2020 (72/2020/QH14):

• Brief report: the Law on Environmental Protection 2020 of Vietnam (2) – Recycling of discarded products and packaging materials based on EPR
• Brief Report: Law on Environmental Protection 2020 of Vietnam (3) – Measurements against climate change and ozone depletion
• Brief Report: Law on Environmental Protection 2020 of Vietnam (4) – Hazardous waste management and environmental audit
• Brief Report: Law on Environmental Protection 2020 of Vietnam (5) – Household waste control rules

NOTE:
On January 10, 2022, the Vietnamese government published the Decree No. 08/2022/ND-CP Detailing a Number of Articles of the Law on Environmental Protection. Articles 38 to 42 of the Decree stipulate POPs in detail.