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Law No. 72/2020/QH14 on Environmental Protection.

Country
Type of law
Legislation
Source

Abstract
This Law, consisting of 171 articles divided into 16 Chapters, provides for environmental protection activities; rights, obligations and responsibilities of agencies, organizations, residential communities, households and individuals involved in environmental protection activities. It applies to agencies, organizations, residential communities, households and individuals within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters, underground space and airspace.
The Law is divided as follows: General Provisions (Chap. I); Protection Of Environmental Components and Natural Heritage Sites (Chap. II); National Environmental Protection Strategy and National Environmental Protection Planning; Environmental Protection Contents in Regional Planning and Provincial Planning (Chap. III); Strategic Environmental Assessment, Environmental Impact Assessment and Environmental Licenses (Chap. IV); Environmental Protection during Production, Business Operation and Service Provision; Urban and Rural Environmental Protection; Environmental Protection in Some Fields (Chap. V); Waste Management and Control of Other Pollutants (Chap. VI); Adaptation to Climate Change (Chap. VII); Environmental Technical Regulations and Environmental Standards (Chap. VIII); Environmental Monitoring, Environmental Information and Data and Environmental Reporting (Chap. IX); Environmental Emergency Prevention and Response and Compensation for Environmental Damage (Chap. X); Economic Instruments, Policies and Resources for Environmental Protection (Chap. XI); International Integration and Cooperation in Environmental Protection (Chap. XII); Responsibilities of Vietnamese Fatherland Front, Socio-Political Organizations, Socio-Political-Professional Organizations, Socio-Professional Organizations and Residential Communities for Environmental Protection (Chap. XIII); Inspection, Auditing, Penalties for Violations, Environmental Disputes, Complaints and Denunciations (Chap. XIV); Responsibility for State Management of Environmental Protection (Chap. XV); Implementation Clause (Chap. XVI).
The Law sets up a concrete policy on an emissions trading system and carbon tax. In theory, businesses would be allocated their own emissions quota that can be sold, gifted or transferred on a market-based trading system. The Law introduces the concept of circular economy through fostering extended producer responsibility (EPR) policy, and highlights the responsibilities of ministries and localities to integrate circular economy in planning strategies, development plans, waste management, and waste recycling. The Law also highlights the responsibility of producers and importers to recycle products and packaging. The Article 54 and Article 55 detail requirements on collection, disposal, and recycling of waste products, plastic waste, and others. A range of projects that use large areas of land/water and produce adverse effects on the environment/landscape, as well as those projects that generate large quantities of waste may be subject to an environmental impact assessment report (EIAR). A new master license and new procedure for environmental registration are proposed in the Law to replace a number of environmental permits and downsize the administrative procedures.
A range of wastes and environmentally harmful products/goods are subject to environmental protection taxes. Businesses are subject to recycling or monetary compensation obligations with regard to certain products and packaging.
Date of text
Entry into force notes
This Law shall come into force from January 01, 2022, except for the Clause 3 Article 29. The Clause 3 Article 29 of this Law shall come into force from February 01, 2021.
Notes
The Law on Environmental Protection No. 55/2014/QH13 amended by the Law No. 35/2018/QH14, Law No. 39/2019/QH14 and Law No. 61/2020/QH14 shall cease to have effect from the effective date of this Law.
Repealed
No
Source language

English

Legislation Amendment
No
Implemented by