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
On February 1, 2023, the Vietnamese government promulgated the Decree No. 02/2023/ND-CP Detailing a Number of Articles of Law on Water Resources (hereinafter “the Decree”). The Decree came into effect …
Vietnam
On November 30, 2022, Ministry of Labour, Invalids and Social Affairs of Vietnam (MOLISA) promulgated Circular No. 25/2022/TT-BLDTBXH on Personal Protective Equipment in Work (hereinafter referred to as “Circular”). The …
Vietnam
On February 2, 2023, the Ministry of Natural Resources (MONRE) published the draft National Technical Regulations (QCVNs) on Collection, Transportation, Storage, Recycling, Reuse and Disposal of Controlled Substances (hereinafter “the …
Vietnam
On December 23rd, 2022, the State Bank of Vietnam promulgated Circular No. 17/2022/TT-NHNN Providing Guidelines on Environmental Risk Management in Credit Extension by Credit Institutions and Foreign Bank Branches.
Vietnam
On December 5, 2022, the Ministry of Health of Vietnam published the Draft Decree Amending and Supplementing the Decree No. 91/2016/ND-CP on the Management of Insecticides and Disinfectants for Household …
Vietnam
On December 30, 2022, the Ministry of Science and Technology of Vietnam promulgated Decision No. 2711/QD-BKHCN/2022 Defining the List of Group 2 Products.
Vietnam
On December 23, 2022, the Vietnam Chemicals Agency (Vinachemia) under the Ministry of Industry and Trade (MOIT) released a detailed report on a violation case against the Law on Chemicals …
Vietnam
In Vietnam, amendments to the Law on Chemicals (06/2007/QH12) are currently under discussion, and local businesses are closely monitoring its progress.
Vietnam
On December 27, 2022, Vietnamese Deputy Prime Minister Vu Duc Dam promulgated the Decision No. 1622/QD-TTg Approving the Master Plan on Water Resources up to 2030 with Vision up to …
Vietnam
On Dec. 30, 2022, Vietnam’s Ministry of Transport published the Circular on Energy Efficiency Labeling Rules for Electric Vehicles and Motorcycles (48/2022/TT-BGTVT). This circular sets out requirements for energy consumption …
Vietnam
In early December 2022, the Ministry of Natural Resources and Environment of Vietnam (MONRE) issued Decision 12/QĐ-XPHC that imposed a fine of 505 million VND on a Japanese waste treatment …
Vietnam
On December 22, 2022, the Vietnamese Ministry of Natural Resources and Environment (MONRE) held a seminar in Hanoi to propose the Recycling Cost Constant (Fs) for products and packaging materials …
Vietnam
On December 13, 2022, Vietnamese Ministry of Industry and Trade (MOIT) published a result report of the public consultation on the Bill Amending and Supplementing a Number of Articles of …
Vietnam
On November 23rd, 2022, the Ministry of Natural Resources and Environment (MONRE) of Vietnam published the MONRE Decision No. 3220/QD-BTNMT on the National Plan about Biodiversity up to 2030, with …
Vietnam
Vietnam
On November 16, 2022, the International Union for Conservation of Nature (IUCN) together with TCP Vietnam, TCPVN announced that they agreed to implement a project titled “TCP moving toward circular …
Vietnam
NOTE: On Dec. 30, 2022, Vietnam’s Ministry of Transport published the Circular on Energy Efficiency Labeling Rules for Electric Vehicles and Motorcycles (48/2022/TT-BGTVT). See more details below: Vietnam to start …
Vietnam
On August 15, 2022, the Vietnam Ministry of Natural Resources and Environment and the General Department of Environment released drafts of the National Technical Regulations(QCVN) for Noise, Vibration, and Sedimentation and …
Vietnam
On Oct. 27, 2022, Vietnam’s Ministry of Industry and Trade issued a circular (Circular No. 17/2022/TT-BCT) to amend Articles 1, 3, 4, 6, 7, 9 and 10 of Circular No. …
Vietnam
On Oct. 18, 2022, Vietnam’s government issued a governmental decree (Decree No. 82/2022/ND-CP) that revises Decree No. 113/2017/ND-CP specifying and providing guidelines for implementation of certain articles of the Law …
Vietnam
On Oct. 12, 2022, Vietnam’s Ministry of Industry and Trade released a draft revision of the Law on Chemicals (06/2007/QH12). The revision was proposed as the Law on Chemicals, which …
Vietnam
On July 22, 2022, the Vietnamese government promulgated Prime Ministerial Decision 876/QD-TTg approving a plan of action to shift to clean energy and reduce carbon dioxide and methane emissions in …
Vietnam
In Vietnam, on August 25, 2022, “Governmental Decree 57/2022/ND-CP stipulating the list of narcotic and precursor substances”, was promulgated and came into force simultaneously. In the past, the list of …
Vietnam
On July 23, 2022, the Vietnamese Ministry of Natural Resources and Environment (MONRE), in collaboration with the Southeast Asia Energy Transition Partnership (ETP) Fund, held a seminar on offshore wind …
Vietnam
On Sept. 15, 2022, Vietnam’s Ministry of Natural Resources and Environment published the second Draft National Technical Regulation on Thresholds for Persistent Organic Pollutants (POPs) in Articles, Products, Commodities and …
Vietnam
On July 28, 2022, the Vietnam Environment Administration, in collaboration with the General Administration of Customs, held a seminar to provide guidance about the regulations on the import, manufacture, and …
Vietnam
On June 16, 2022, the Vietnamese government promulgated Prime Minister’s Decision 726/QG-TTg on the Strategy for the Development of the Chemical Industry to 2030, which sets out a vision for …
Vietnam
On Aug. 19, 2022, Vietnam’s Ministry of Industry and Trade released draft rules requiring that industrial and food-grade alcohol be made distinct. The proposed rules aim to prevent non-food-grade alcohol …
Vietnam
On Aug. 19, 2022, the Vietnamese government issued a circular on a draft of a new RoHS (Restriction of Hazardous Substances) regulation, which is called the National Technical Regulation on …
Vietnam
On July 5, 2022, the Vietnam International Arbitration Centre (“VIAC”), jointly with the Vietnam Chamber of Commerce and Industry (VCCI) and the United States Agency for International Development (USAID), held …
Vietnam
On July 26, 2022, Vietnam issued an official decision of the prime minister to approve a National Strategy for Addressing Climate Change through 2050 (Decision No. 896/QD-TTg). The final goal …
Vietnam
The Governmental Decree No. 45/2022/ND-CP on Administrative Penalties in the Field of Environmental Protection was enacted on July 7, 2022 in Vietnam. This Decree establishes rules for administrative violations, forms …
Vietnam
On June 9, 2022, Vietnam’s Ministry of Industry and Trade released a draft decree to amend the Decree on the Management of Chemicals Governed by the Convention on the Prohibition …
Vietnam
On April 25, 2022, the Ministry of Natural Resources and Environment of Vietnam released the first edition of its report on the potential of offshore wind and wave power in …
Vietnam
On April 13, 2022, the Vietnamese government promulgated Prime Minister’s Decision 450/QD-TTg approving a National Environmental Protection Strategy for the period up to 2030 that sets out a vision for …
Vietnam
On January 18, 2022, the Prime Minister of the Vietnam issued the Prime Minister’s Decision No. 01/2022/QD-TTg on the List of Greenhouse Gas Emitting Facilities that Must Conduct Greenhouse Gas …
Vietnam
On June 3, 2022, the Legislation Department of Vietnam’s Ministry of Natural Resources and Environment (MONRE) held an event titled “Seminar to Exchange Opinions on the Draft Circular on the …
Vietnam
NOTE: On Oct. 27, 2022, Vietnam’s Ministry of Industry and Trade issued a circular (Circular No. 17/2022/TT-BCT) to amend Articles 1, 3, 4, 6, 7, 9 and 10 of Circular …
Vietnam
On January 28, 2022, the Vietnamese government enacted the “Prime Minister’s Decision 149/QD-TTg on a National Strategy on Biodiversity for 2030 with a Vision for 2050” (hereinafter referred to as …
Vietnam
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 …
Vietnam
On January 10, 2022, the Vietnamese government issued 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 …
Vietnam
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 …
Vietnam
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 …
Vietnam
On January 7, 2022, the Vietnamese government issued the Decree No. 06/2022/ND-CP Providing Regulations on Reduction of Greenhouse Gas Emissions and Protection of the Ozone Layer (hereinafter “the Decree”). The …
Vietnam
On January 31, 2022, the Government of Vietnam established the Decree No. 17/2022/17 Amending and Supplementing a Number of Decrees Stipulating Administrative Penalties in the Fields of Chemicals, Industrial Explosives, …
Vietnam
On December 28, 2021, the Government of Vietnam promulgated Decision No.2215/QD-TTg regarding the National Action Plan on Overcoming the Post-war Consequences of Toxic Chemicals/Dioxin in Vietnam for the 2021-2030 Period …
Vietnam
On January 7, 2022, the Government of Vietnam enacted Decree No. 06/2022/ND-CP Providing Regulations on Reduction of Greenhouse Gas Emissions and Protection of the Ozone Layer (hereinafter referred to as …
Vietnam
On January 7, 2022, the Government of Vietnam enacted Decree No. 06/2022/ND-CP Providing Regulations on Reduction of Greenhouse Gas Emissions and Protection of the Ozone Layer (hereinafter referred to as …
Vietnam
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 …
Vietnam
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 …
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