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
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 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 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:
- Decision No. 16/2015/QD-TTg Providing Regulations on Recall and Treatment of Discarded Products
- Decree 03/2015/ND-CP Providing the Assessment of Environmental Damage
- Decree 18/2015/ND-CP Prescribing Environmental Protection Master Plan, Strategic Environmental Assessment, Environmental Impact Assessment and Environmental Protection Plan
- Decree 19/2015/ND-CP Detailing a Number of Articles of the Law on Environmental Protection
- Decree 38/2015/ND-CP on Waste and Scrap Management
- Decree 127/2014/ND-CP on the Requirements Applicable to Environmental Monitoring Service Activities
- Decree 40/2019/ND-CP Amending and Supplementing a Number of Articles of the Decrees Detailing and Guiding the Implementation of the Law on Environmental Protection
- Decree 54/2021/ND-CP on Preliminary Environmental Impact Assessment
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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