General regulations on environmental protection in Vietnam

by Hà Ngọc

Vietnam law has regulations on environmental protection. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are principles of environmental protection in Vietnam? What are Vietnam state policies on environmental protection? Thanks for answering my questions!”

  • Vietnam Law on Environmental protection

Principles of environmental protection

– Environmental protection is the right, obligation and responsibility of every agency, organization, residential community, household and individual.

– Environmental protection serves as a basis, key factor and prerequisite for sustainable socio-economic development. Environmental protection activities are associated with economic development and natural resource management, and considered and assessed in the process of carrying out development activities.

– Environmental protection harmonizes with social security, protection of children’s right, promotion of gender equality and protection of the human right to live in a pure environment.

– Environmental protection activities are carried out in a regular, public and transparent manner; priority is given to prediction and prevention of environmental pollution, emergencies and degradation, environmental risk management, waste minimization and strengthening of reuse and recycling of waste with a view to maximization of its value.

– Environmental protection complies with natural law, natural, cultural and historical characteristics, and the level of socio-economic development; boost development in ethnic minority and mountainous areas.

– Any agency, organization, residential community, household or individual profiting from the environment is obliged to make their financial contribution to the environmental protection activities; pay compensation for damage, take remedial measures and assume other responsibilities as prescribed by law if causing environmental pollution, emergencies and degradation.

– Environmental protection is not detrimental to the national sovereignty, security and interests, and is associated with regional and global environmental protection.

State policies on environmental protection

– Facilitate the involvement of agencies, organizations, residential communities, households and individuals in performance, inspection and supervision of environmental protection activities.

– Disseminate information in association with taking administrative and economic measures and other measures to strengthen compliance with law on environmental protection and build a culture of environmental protection.

– Focus on biodiversity conservation and protection of environment in natural heritage sites; efficiently and economically extract and use natural resources; develop green and renewable energy; develop technical infrastructure serving environmental protection.

– Give priority to environmental pollution elimination and recovery of degraded natural ecosystem, and attach great importance to environmental protection in residential areas.

– Diversify sources of investment capital for environmental protection; set a specific expenditure on environmental protection within the state budget and according to environmental protection requirements and tasks; prioritize the use of sources of funding for key environmental protection tasks.

– Safeguard interests of organizations, residential communities, households and individuals making their contribution to environmental protection activities; provide incentives and assistance for environmental protection activities; promote environmentally-friendly products and services.

General regulatations on environmental protection in Vietnam
General regulatations on environmental protection in Vietnam

– Intensify scientific research and development of technologies for pollution elimination, waste recycling and treatment; give priority to transfer and application of advanced, high and environmentally-friendly technologies and best available techniques; strengthen training in human resources in environmental protection.

– Honor and reward agencies, organizations, residential communities, households and individuals for their active role in environmental protection activities as prescribed by law.

– Expand and promote integration and international cooperation in environmental protection, and adhere to all international environmental agreements.

– Screen investment projects according to environmental criteria; apply appropriate environmental management tools in each stage of the strategy, planning, program and investment project.

– Incorporate and promote circular economy and green economy in formulation and implementation of socio-economic development strategies, planning, plans, programs and projects.

Regulations on Prohibited acts

– Failure to transport, bury, discharge and burn solid and hazardous waste in accordance with technical process and regulations of law on environmental protection.

– Discharging wastewater and exhaust gases that have yet to be treated according to technical regulations on environment into the environment.

– Dispersing and releasing into the environment hazardous substances and harmful viruses capable of infecting humans and animals, untested microorganisms, dead bodies of animals dying of epidemics and other agents harmful to human health, creatures and nature.

– Generating noise and vibration in excess of the permissible level stipulated in technical regulations on environment; discharging smokes, dusts and noxious gases into the air.

– Executing investment projects or discharging waste in case of failure to satisfy all conditions prescribed by the Law on Environmental Protection.

– Importing, temporarily importing, re-exporting and transiting waste from foreign countries in any shape or form.

– Illegally importing used vehicles, machinery and equipment for the purposes of dismantling or recycling.

– Failure to operate works or take measures to prevent and respond to environmental emergencies in accordance with regulations of law on environmental protection and other regulations of law.

– Concealing acts of polluting the environment, obstructing and falsifying information concerning environmental protection activities, thereby resulting in adverse effects on the environment.

– Manufacturing and trading products harmful to humans, creatures and nature; manufacturing and using raw materials and building materials containing toxic factors in excess of the permissible level prescribed in technical regulations on environment.

– Manufacturing, importing, temporarily importing, re-exporting and selling ozone depleting substances prescribed in the international treaty on substances that deplete the ozone layer to which Socialist Republic of Vietnam is a signatory.

– Sabotaging or infringing upon natural heritage sites.

– Sabotaging or infringing upon structures, equipment and facilities serving environmental protection activities.

– Abusing positions or powers to commit violations against regulations of law on environmental protection.

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Frequently asked questions

Is environmental protection the right, obligation and responsibility of every agency, organization, residential community, household and individual in Vietnam?

Yes! Environmental protection is the right, obligation and responsibility of every agency, organization, residential community, household and individual.

Does environmental protection serve as a basis, key factor and prerequisite for sustainable socio-economic development?

Environmental protection serves as a basis, key factor and prerequisite for sustainable socio-economic development. Environmental protection activities are associated with economic development and natural resource management, and considered and assessed in the process of carrying out development activities.

Does Vietnam State facilitate the involvement of agencies, organizations, residential communities, households and individuals in performance, inspection and supervision of environmental protection activities?

Vietnam State has policies on Facilitate the involvement of agencies, organizations, residential communities, households and individuals in performance, inspection and supervision of environmental protection activities.

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