Vietnam Regulatory overview of Decree No. 08/2022/ND-CP on details of Law on Environmental Protection 2020

Regulatory overview of Decree No. 08/2022/ND-CP on details of Law on Environmental Protection 2020

On January 10, 2022, the Vietnamese government established the Decree No. 08/2022/ND-CP Detailing a Number of Articles of Law on Environmental Protection 2020 (hereinafter “the Decree”), which came into effect on the same day. This Decree is one of the subordinate regulations to implement the Law on Environmental Protection 2020, stipulating requirements for various environmental domains including: environmental impact assessment (EIA), environmental licensing, extended producer responsibility (EPR) (covering WEEE, discarded cars and motorcycles, wasted tires, packaging waste, etc.), import of waste, persistent organic pollutants (POPs), best available technology (BAT) for pollution control, factory effluent and exhaust gas monitoring, responding measures against environmental accidents, and governmental green procurement. The Annexes to this Decree also specify specific business entities and products subject to these regulations.

The Decree can be downloaded at:
https://monre.gov.vn/VanBan/Pages/ChiTietVanBanPhapQuy.aspx?pID=277

 

The Decree is composed of 13 chapters divided into 169 Articles and 34 Annexes as follows:

Chapter 1: General provisions

Chapter 2: Environmental protection factors and natural heritage protection

Section 1: Protection of water environment

Section 2: Protection of atmospheric environment

Section 3: Protection of soil environment

Section 4: Protection of natural environmental heritage

Chapter 3: Environmental domains, strategic environmental assessment, environmental impact assessment, environmental licensing and environmental applications

Section 1: Environmental domains, strategic environmental assessment

Section 2: Environmental licensing, environmental applications

Chapter 4: Environmental protection in manufacturing, trade and services, and urban, rural and other areas

Section 1: Environmental protection in traditional craft villages

Section 2: Environmental improvement and restoration in mining development activities

Section 3: Environmental protection in management of persistent organic pollutants (POPs) and POPs-containing raw materials, fuels, materials, products, goods and equipment

Section 4: Environmental protection in import and disassembly of used vessels and import of scrap

Section 5: Environmental protection in centralized manufacturing, trading and service zones, industrial zones and other areas

Chapter 5: Waste Management

Section 1: General Provisions on Waste Management

Section 2: Household waste management

Section 3: General industrial waste management

Section 4: Hazardous waste management

Section 5: Management of waste water, dust and exhaust gas, and contribution to environmental protection fund for landfill waste

Chapter 6: Responsibility of manufacturers and importers for recycling and disposal of products and packaging materials

Section 1: Responsibility of manufacturers and importers to recycle products and packaging materials

Section 2: Responsibility of manufacturers and importers to treat waste

Section 3: Information provision and management, and monitoring of the implementation of the responsibilities of manufacturers and importers

Chapter 7: Environmental Monitoring

Section 1: Requirements for environmental monitoring

Section 2: Monitoring of wastewater, dust and exhaust gases

Chapter 8: Information systems and environmental database

Chapter 1: Environmental Information

Chapter 2: Information systems and environmental database

Chapter 9: Environmental accident prevention and responses, environmental damage compensation

Section 1: Environmental accident prevention and responses

Section 2: Liability for environmental damage

Section 3: Identification of environmental damage

Section 4: Assessing environmental damage caused by degradation of environmental functions and usefulness

Chapter 10: Economic tools for environmental protection

Section 1: Payment for natural ecosystem services

Section 2: Environmental damage liability insurance, preferential treatment and support for environmental protection

Section 3: Goals, roadmaps and institutions to encourage the development of a circular economy

Section 4: Development of environmental industries and services

Section 5: Environmentally friendly products and services

Chapter 11: Resources for environmental protection

Chapter 12: State administration on environmental protection, auditing and inspection, and provision of online public service

Section 1: State administration on environmental protection

Section 2: Auditing and inspection on environmental protection

Section 3: Provision of online public services

Chapter 13: Enforcement Provisions

 

Upon the enactment of the Decree, a number of existing laws and regulations have been completely invalidated or amended/supplemented in some provisions. Among them, the following regulations have been completely invalidated:

 

NOTE:
EnviX can provide any consulting service for Decree No. 08/2022/ND-CP, including EPR, POPs, EIA, Environmental License, pollution control management. Please feel free to contact us.
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