According to the Ministry of Natural Resources and Environment, the Law on Environmental Protection 2014 of Vietnam will officially take effect from January 01, 2015. Many contents have been specified in many points compared to the Law on Environmental Protection 2005.
Article table of contents
The Law on Environmental Protection 2014 of Vietnam consists of 20 chapters and 170 articles - an increase of 5 chapters and 34 articles compared to the Law on Environmental Protection 2005. In essence, the Law on Environmental Protection 2014 inherits the contents of the Law on Environmental Protection 2005; addresses the limitations and shortcomings of the Law on Environmental Protection 2005; concurrently, legalizes the Party's guidelines, and supplements some new contents on environmental protection to meet the requirements of environmental protection in the new period.
The contents of the Law on Environmental Protection 2014 have concretized the spirit of Article 43 of the Constitution 2013 of Vietnam: "Everyone has the right to live in a clean environment and has the obligation to protect the environment", with some basic new points, namely environmental planning. This is a completely new content of the Law on Environmental Protection 2014. Environmental planning will help us have a comprehensive, long-term perspective and proactively implement environmental protection work, truly linking environmental protection with economic development, social security, and society. It is the basis for adjusting or developing other development plans, ensuring sustainable development.
Regarding strategic environmental assessment (SEA), the Law on Environmental Protection 2014 specifies a list of groups of strategies and plans that need to be prepared for SEA reports in a more specific way, narrowing the scope of SEA when not requiring SEA for plans. It also stipulates that the results of SEA must be considered and integrated into the content of the strategy and plan; the responsibilities of the agencies assigned to build the strategy and plan in SEA; and adds the need for consultation and proposals for adjusting the strategy and plan in the SEA content.
Previously, the Law on Environmental Protection 2005 had regulations on environmental protection commitments, but in practice, the implementation of environmental protection commitments was difficult, lacked implementation, theoretical, and in many cases led to negative aspects in management, even though the word "commitment" also has a certain positive meaning.
To address the limitations, create conditions for project owners to fulfill their responsibilities and take the initiative in environmental protection. On the other hand, it will be convenient for environmental protection management work for objects that do not have to conduct an environmental impact assessment (EIA), the Law on Environmental Protection 2014 stipulates 6 new provisions on environmental protection plans.
It is noteworthy that the Law on Environmental Protection 2014 also stipulates a separate chapter on climate change adaptation. Because climate change and sea level rise are challenging issues that have a major impact on the globe, including Vietnam, the Law on Environmental Protection 2014 has a chapter on climate change adaptation to meet the urgent needs of climate change adaptation today, institutionalizing some of the Party's resolutions on this content.
In addition, the Law also supplements regulations on green growth, environmentally friendly facilities and products, aiming at sustainable development; supplements regulations on environmental protection for research facilities and laboratories. Enhances and clarifies the responsibility for publicizing environmental information, environmental conditions, the responsibility for reporting environmental management work of state agencies, etc.
The Law on Environmental Protection 2014 also has a chapter on marine and island environmental protection, in order to ensure the uniformity and comprehensiveness of the Law on Environmental Protection. This chapter only specifies basic, fundamental content, without overlap with the contents planned to be built in the Law on Marine and Environmental Protection Resources by the Ministry of Natural Resources and Environment.
The Law on Environmental Protection 2014 also supplements the regulation on the content of state management on environmental protection in a separate article; clearly defines the responsibilities of the Minister of Natural Resources and Environment, Ministers and Heads of other ministerial agencies instead of the old regulation assigned to ministries and sectors. Especially the responsibility for drafting laws and regulations on environmental protection.
The duties and powers of the Vietnam Fatherland Front, social organizations, social-professional organizations, and communities have been stipulated in a separate chapter. Concurrently, the Law on Environmental Protection 2014 of Vietnam stipulates the responsibilities of state management agencies, owners of production, business, and service establishments in ensuring the rights of social organizations, social-professional organizations, and communities.
Source: moitruong.com.vn
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