What is ozone layer protection? What are focuses of ozone layer protection under the law in Vietnam

What is Ozone Layer Protection? Contents of Ozone Layer Protection (Image from the Internet)

1. What is ozone layer protection?

According to Clause 1, Article 92 of the Law on Environmental Protection 2020, ozone layer protection is a climate change response activity aimed at preventing ozone layer depletion and limiting harmful ultraviolet radiation from the Sun.

2. Focuses of ozone layer protection under the law in Vietnam 

Focuses of ozone layer protection under the law in Vietnam according to Clause 2, Article 92 of the Law on Environmental Protection 2020 include:

- Management of production, export, import, consumption, and elimination of ozone-depleting substances and greenhouse gases controlled within the framework of international treaties on ozone layer protection of which the Socialist Republic of Vietnam is a member;

- Collection, recycling, reuse, or destruction of ozone-depleting substances and controlled greenhouse gases under international treaties to which the Socialist Republic of Vietnam is a member when they are no longer in use in equipment containing these substances;

- Development and application of technology and equipment using substances that do not deplete the ozone layer and are climate-friendly.

3. Controlled ozone-depleting substances and roadmap for management and phaseout of controlled ozone-depleting substances in Vietnam

The controlled ozone-depleting substances and the management and elimination schedule of controlled ozone-depleting substances according to Article 22 of Decree 06/2022/ND-CP are as follows:

* The controlled ozone-depleting substances include:

- Bromochloromethane;- Carbon tetrachloride (CTC);

- Chlorofluorocarbon (CFC);

- Halon;

- Hydrobromofluorocarbon (HBFC);

- Hydrochlorofluorocarbon (HCFC);

- Methyl bromide;

- Methyl chloroform.

* The management and elimination schedule of HCFC substances by phase is as follows:

- Phase from January 1, 2022, to December 31, 2024: the total national consumption shall not exceed 65% of the baseline consumption;

- Phase from January 1, 2025, to December 31, 2029: the total national consumption shall not exceed 32.5% of the baseline consumption;

- Phase from January 1, 2030, to December 31, 2039: the average annual national consumption shall not exceed 2.5% of the baseline consumption;

- From January 1, 2040: the import and export of HCFC substances are prohibited.

* The total national consumption of HCFC substances is determined based on the quantity of imported HCFC substances minus (-) the quantity of exported HCFC substances. The baseline consumption of HCFC substances converted under the ozone-depleting potential is 221.2 tons.

* Methyl bromide may only be imported for fumigation and quarantine purposes for export goozone-depleting substances.

* Prohibited acts according to Clause 11, Article 6 of the Law on Environmental Protection 2020 include:

- Production, import, temporary import, re-export, and consumption of Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform, HCFC 141b;

- Production, import, temporary import, re-export, and consumption of products or equipment containing or made from Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform, HCFC 141b;

- Production, import, and consumption of products or equipment containing or made from controlled substances that are prohibited;

- Production, import, and consumption of controlled substances that are prohibited according to regulations of the Ministry of Natural Resources and Environment.

4. Rules for mitigation of greenhouse gas emissions and protection of ozone layer in Vietnam

The rules for mitigation of greenhouse gas emissions and protection of ozone layer in Vietnam according to Article 4 of Decree 06/2022/ND-CP are as follows:

- Mitigation of greenhouse gas emissions and protection of the ozone layer must be appropriate to the socio-economic conditions, current laws, and related international treaties with the aim of developing a low-carbon economy and green growth linked to sustainable development.

- Management of greenhouse gas emission reduction activities must follow principles of responsibility, unity, fairness, and transparency; the targets for mitigation of greenhouse gas emissions shall be adjusted by the Prime Minister of the Government of Vietnam according to national development priorities and the international treaties of which the Socialist Republic of Vietnam is a member.

- Activities related to greenhouse gas emission quota exchange and carbon credits must ensure transparency and harmonize the benefits of stakeholders in the carbon market. Organizations and individuals participate in the carbon market on a voluntary basis.

- Import and export of controlled ozone-depleting substances and greenhouse gases can only be performed with countries that are members of the Montreal Protocol according to the timeline specified by the Protocol.

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