Draft Law on Environmental Protection 2019 replacing the Law on Environmental Protection 2014 is currently open for public comment and is expected to take effect from January 1, 2021.
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This draft has added more prohibited acts in the field of environmental protection. Specifically, Clause 11 Article 5 of the Draft Law on Environmental Protection stipulates the prohibited acts as follows:
“11. Importing used vehicles, machinery, equipment, and ships for dismantling.”
Thus, if the content in the Draft Law on Environmental Protection 2020 is approved, from the effective date of this Draft (January 1, 2021), the act of importing used vehicles, machinery, equipment, and ships for dismantling will be officially prohibited.
This is a new regulation of the Draft. Because previously, according to the provisions of the Law on Environmental Protection 2014, the import of used ships was allowed but had to meet environmental technical standards. Specifically, Clause 3 Article 75 of the Law on Environmental Protection 2014 stipulates:
“3. The importation of used ships must meet environmental technical standards. The Government of Vietnam shall provide specific regulations on subjects and conditions for the import and dismantling of used ships.”
In addition, this Draft also stipulates other prohibited acts such as: Destroying or illegally exploiting natural resources; Exploiting biological resources using means, tools, or destructive methods, not in accordance with the season and quantity regulated by law; Discharging untreated pollutants that do not meet environmental technical standards; discharging toxic substances, radioactive substances, and other hazardous substances into the soil, water, and air environments… (These acts are currently stipulated in the Law on Environmental Protection 2014 and are reaffirmed in the Draft).
See more contents of the Draft Law on Environmental Protection 2020 HERE.
Toan Trung
