What are the responsibilities of the Ministry of Natural Resources and Environment and other agencies and organizations in ozone layer protection in Vietnam?
What is the ozone layer according to the law?
According to the definition in Clause 1, Article 1 of the 1985 Vienna Convention for the Protection of Ozone Layer to which the Socialist Republic of Vietnam is a signatory, as follows:
- “The ozone layer” means the layer of atmospheric ozone above the planetary boundary layer.
However, the ozone layer from a scientific perspective is a layer deep in the stratosphere, surrounding the Earth, containing a large amount of ozone (O3). Ozone (O3) is created under the influence of pressure, temperature, and conditions in the stratosphere (especially ultraviolet rays), an oxygen atom (O2) will combine with an oxygen molecule (O2).
The main function of the ozone layer is to protect the Earth from harmful external factors. The ozone depletion can cause skin cancer, eye diseases, and the development of marine ecosystems and flora when there is a strong impact from UV rays.
What are the responsibilities of the Ministry of Natural Resources and Environment and other agencies and organizations in ozone layer protection in Vietnam? (Image from the Internet)
How to protect the ozone layer according to the law?
According to the provisions of Clauses 1 and 2, Article 92 of the 2020 Law on Environmental Protection of Vietnam on the ozone layer protection as follows:
Ozone layer protection in Vietnam
1. Ozone layer protection refers to an action taken to adapt to climate change in order to prevent ozone depletion and minimize harmful effects of ultraviolet radiation from the Sun.
2. Ozone layer protection shall focus on:
a) managing production, export, import, sale and elimination of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
b) collecting, recycling, reusing or disposing of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory in equipment containing them when they are no longer used;
c) developing and applying technologies and equipment using non-ozone-depleting substances and climate-friendly substances.
Thus, Ozone layer protection refer to an action taken to adapt to climate change in order to prevent ozone depletion and minimize harmful effects of ultraviolet radiation from the Sun. Ozone layer protection shall focus on:
+ managing production, export, import, sale and elimination of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
Specifically, in Clause 5, Article 22 of Decree 06/2022/ND-CP of Vietnam, the following acts are forbidden:
++ Manufacture, import, export, temporary import, re-export and consumption of Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform and HCFC 141b;
++ Manufacture, import, export, temporary import, re-export and consumption of products and equipment which contain or are manufactured from Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform and HCFC 141b;
++ Manufacture, import and consumption of products and equipment which contain or are manufactured from controlled substances which are forbidden;
++ Manufacture, import and consumption of controlled substances which are banned according to the regulations of the Ministry of Natural Resources and Environment of Vietnam.
+ collecting, recycling, reusing or disposing of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory in equipment containing them when they are no longer used;
+ developing and applying technologies and equipment using non-ozone-depleting substances and climate-friendly substances.
What are the responsibilities of the Ministry of Natural Resources and Environment and other agencies and organizations in ozone layer protection in Vietnam?
According to the provisions from Clauses 3 to 7 of Article 92 of the 2020 Law on Environmental Protection of Vietnam as follows:
- The Ministry of Natural Resources and Environment of Vietnam shall:
+ preside over and cooperate with other Ministries and ministerial agencies concerned in requesting the Prime Minister to promulgate the national plan for management and elimination of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
+ promulgate a list and provide guidelines for use of controlled ozone-depleting substances and GHGs in conformity with the roadmap for implementing the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
+ preside over and cooperate with other Ministries, ministerial agencies and provincial People’s Committees in managing, controlling, minimizing and eliminating the substances and gases on the list specified in Point b of this Clause; organize implementation of the national plan for management and elimination of ozone-depleting substances and GHGs.
- Ministries, ministerial agencies and provincial People’s Committees shall, within their power, control the production, export, import and sale of the substances and gases on the list specified in Point b Clause 3 of this Article. Ministers and heads of ministerial agencies shall promulgate regulations on management and policy to assist in transformation of technologies for eliminating and minimizing controlled ozone-depleting substances and GHGs.
- Manufacturers of equipment and products containing the substances and gases on the list specified in Point b Clause 3 of this Article must develop an appropriate roadmap for replacing and eliminating controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory.
- Facilities using equipment and products containing or using the substances and gases on the list specified in Point b Clause 3 of this Article must comply with regulations on collection, transport, recycling and disposal under the guidance of the Ministry of Natural Resources and Environment of Vietnam.
- Businesses that use the substances and gases on the list specified in Point b Clause 3 of this Article shall make a transfer of ozone layer protection technology entitled to incentives and assistance as prescribed by this Law and Law on Technology Transfer.
LawNet
