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 June 16, 2021, the Vietnam Chamber of Commerce and Industry (VCCI), in collaboration with the Ministry of Natural Resources and Environment (MONRE), held a webinar on hearing comments for …
Vietnam
On June 16, 2021, the Vietnam Chamber of Commerce and Industry (VCCI), in collaboration with the Ministry of Natural Resources and Environment (MONRE), held a webinar on hearing comments for …
Vietnam
On March 24, 2021, Vietnam government issued the Prime Minister’s Decision No. 12/2021/QD-TTg on Oil Spill Responses. This Decision, which took effect on May 10, stipulates rules on organizational preparation …
Vietnam
On March 12, 2021, the Prime Minister of Vietnam promulgated the Prime Minister’s Decision 343/QD-TTg on the Implementation Plan of Law No. 72/2020/QH14 on Environmental Protection. This plan mainly indicates …
Vietnam
On April 12, 2021, the Vietnam Chemicals Agency (Vinachemia) under the Ministry of Industry and Trade (MOIT) issued a notice regarding a questionnaire survey on implementation of Law on Chemicals …
Vietnam
On May 21, 2021, Vietnamese government issued the Decree No. 54/2021/ND-CP on Regulations on Preliminary Environmental Impact Assessment (hereinafter “the Decree”). This Decree stipulates the scope and contents of the …
Vietnam
On May 19, 2021, the Ministry of Construction of Vietnam released the Circular No. 02/2021/TT-BXD Promulgating the National Technical Regulation QCVN 06:2021/BXD on Fire Safety for Building and Constructions. This …
Vietnam
In the middle of-April 2021, the Ministry of Industry and Trade (MOIT) of Vietnam publicized the second version of the draft circular on pilot implementation of direct electricity trading between …
Vietnam
On April 6, 2021, the Ministry of Transport of Vietnam promulgated the Circular No. 06/2021/TT-BGTVT on the Promulgation of the National Technical Standard QCVN 109:2021/BGTVT on Level-5 Emission for Newly …
Vietnam
On November 17, 2020, the National Assembly of Vietnam enacted the Law on Environmental Protection 2020 (72/2020/QH14). This law thoroughly amends the Law on Environmental Protection 2014 and sets out …
Vietnam
On November 17, 2020, the National Assembly of Vietnam enacted the Law on Environmental Protection 2020 (72/2020/QH14). This law thoroughly amends the Law on Environmental Protection 2014 and sets out …
Vietnam
On November 17, 2020, the National Assembly of Vietnam enacted the Law on Environmental Protection 2020 (72/2020/QH14). This law thoroughly amends the Law on Environmental Protection 2014 and sets out …
Vietnam
On January 18, Vietnamese Prime Minister issued the Directive No. 03/CT-TTg on Environmental Air Pollution Controls, which governs state ministries and local People’s Committees. In recent years, air pollution in …
Vietnam
On November 17, 2020, the National Assembly of Vietnam enacted the Law on Environmental Protection 2020 (72/2020/QH14). Article 54, 55 and 73 of the law stipulate requirements for the collection, …
Vietnam
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 …
Vietnam
On 14 January 2021, Vinachemia, a Vietnamese chemical agency under Ministry of Industry and Trade (MOIT) held a meeting to report its regulatory performance in 2020 and the targets and …
Vietnam
On October 5, 2020, the Ministry of Natural Resources and Environment of Vietnam released a draft circular (hereinafter referred to as this draft) promulgating National Technical Regulations on the environmental …
Vietnam
On November 25, 2020, the Ministry of Natural Resources and Environment of Vietnam enacted the “Decision No. 2664/QD-BTNMT on approval of the plan to develop National Technical Regulation (QCVN) on …
Vietnam
On November 30, 2020, the Ministry of Industry and Trade of Vietnam enacted “Circular No. 31/2020/TT-BCT (hereinafter referred to as this circular) amending and supplementing a number of articles of …
Vietnam
On December 1, 2020, “Directive 41/CT-TTg regarding urgent measures to strengthen the management of solid waste” was enacted in Vietnam. This directive is intended to address problems in solid waste …
Vietnam
On December 21, 2020, The Ministry of Industry and Trade of Vietnam released National Technical Regulations (QCVNs) setting quality requirements on four chemicals as listed below. All these Regulations will …
Vietnam
Vietnamese Ministry of Industry and Trade on December 21, 2020 released the Circular No. 48/2020/TT-BCT on Promulgating the National Technical Regulation QCVN 05A:2020/BCT on the Manufacturing, Trade, Use, Storage, and …
Vietnam
On December 21, 2020, the Ministry of Industry and Trade of Vietnam released the Circular No. 51/2020/TT-BCT on Promulgating the National Technical Regulation QCVN 8:2020/BCT on Limiting Lead Content in …
Vietnam
On November 30, 2020, Vietnamese Ministry of Industry and Trade (MOIT) issued Circular No. 42/2020/TT-BCT on Declaration, Management and Use of Environment Database in Industry and Trade Sectors (hereinafter “the …
Vietnam
On November 30, 2020, the Ministry of Industry and Trade of Vietnam issued the Circular No. 32/2020/TT-BCT on Promulgating the National Technical Regulation QCVN 8:2020/BCT on Safety of Liquefied Petroleum …
Vietnam
On November 30 of 2021, Vietnamese Ministry of Industry and Trade (MOIT) released the Circular on the List of Dangerous Goods Requiring Packaging During Transport and Transportation of Dangerous Goods …
Vietnam
On November 24, 2020, the Vietnamese government issued the Decree No. 136/2020/ND-CP on Details and Guidelines for a Number of Articles of Law on Fire Prevention and Fighting and the …
Vietnam
NOTE: On March 13, 2023, the Vietnamese Ministry of Natural Resources and Environment (MONRE) promulgated the Circular No. 01/2023/TT-BTNMT, officially establishing new National Technical Regulations (QCVN) on water, air and …
Vietnam
On September 29, 2020, the Ministry of Industry and Trade (MOIT) of Vietnam enacted the “Circular No. 25/2020/TT-BCT on planning for economical and efficient use of energy and its implementation”. …
Vietnam
On October 28, 2020, the Ministry of Natural Resources and Environment of Vietnam issued the “Decision 2395/QD-BTNMT of the Ministry of Natural Resources and Environment (hereinafter referred to as this …
Vietnam
On October 16, 2020, the Vietnam Chemical Agency (Vinachemia) of Ministry of Industry and Trade (MOIT) promulgated an official document No. 897/HC-ATHC to announce the reopen of substance nomination to …
Vietnam
The Ministry of Industry and Trade of Vietnam notified WTO/TBT of drafts of National Technical Regulation (QCVN) regarding the quality of the following chemicals on October 8, 2020. These drafts …
Vietnam
In late September 2020, Vietnamese Ministry of Industry and Trade (MOIT) publicized the Draft Circular on Declaration of Environmental Information on and Management and Use of the Environmental Database in …
Vietnam
In late September 2020, Vietnamese Ministry of Industry and Trade (MOIT) publicized the Draft Circular on Mandated Packaging of Dangerous Goods During Transportation on Roads, Railways, or Inland Waterways. This …
Vietnam
On September 24 of 2020, the Prime Minister’s Decision on Promulgation of the List of Waste Permitted for Import as Production Materials was issued in Vietnam. This decision stipulates wastes …
Vietnam
On September 17, 2020, at the Movenpick Hanoi Hotel, the Vietnam Chemical Agency (Vinachemia) of Vietnamese Ministry of Industry and Trade (MOIT) and the U.S. Export Control and Related Border …
Vietnam
Vietnam enacted “Decision No. 1375/QD-TTg on approval of environmental protection plans in the fields of industry and trade in the period of 2020-2025” on September 8, 2020. This decision sets …
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 …
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 …
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