Law
72/2020/QH14
Law No. 72/2020/QH14 on Environmental Protection
National Assembly
Vietnam's highest representative body and the only organ with constitutional and legislative power. It enacts and amends the Constitution and laws, decides major national policy and the state budget, and exercises supreme oversight over all state activity; its deputies are elected nationwide.
Document Type | Document Number | Recorded status | Date Effective | Issuing Body | Official Source URL |
|---|---|---|---|---|---|
Law | 72/2020/QH14 | Partially in effect | 01/01/2022 | National Assembly | https://phapluat.gov.vn/legal-documents/146609 |
Key provisions
Establishes principles, State policies and prohibited acts in environmental protection for all organizations and individuals in Vietnam.
Introduces classification of investment projects by environmental criteria as basis for applying SEA, EIA, environmental licence or environmental registration.
Requires strategic environmental assessment, environmental impact assessment, environmental licence and environmental registration for projects and facilities falling under Articles 25, 28, 39 and 49.
Provides integrated controls on waste, wastewater, emissions, pollution treatment and remediation, and protection of water, air, soil, biodiversity and natural heritage.
Provides financial and liability mechanisms including compensation for damage, environmental escrow (ky quy), environmental protection funds, green credit and green bonds, and insurance for environmental damage liability.
Summary
Identification and legal basis
Law No. 72/2020/QH14 on Environmental Protection was adopted by the National Assembly of the Socialist Republic of Vietnam on 17 November 2020. It was promulgated on the basis of the Constitution of the Socialist Republic of Vietnam, and provides the comprehensive legal framework for environmental protection in Vietnam.
Scope and application
The Law governs activities of environmental protection, and rights, obligations and responsibilities of agencies, organizations, households and individuals involved in environmental protection. Under Article 1 and Article 2, it applies to all domestic and foreign entities whose activities affect the environment on the territory, sea, islands and airspace of Vietnam.
The structure comprises 16 chapters and 171 articles (Articles 1 to 171 as listed in the excerpt), covering general provisions, protection of natural heritage and biodiversity, strategic environmental assessment (SEA), environmental impact assessment (EIA), environmental licensing and registration, waste and pollution control, and state management.
Key policies and instruments
The Law establishes principles, policies and prohibited acts (Articles 4 to 6), and defines contents of environmental protection planning and management (Articles 8 to 15). It provides for classification of investment projects by environmental criteria (Article 28), and the corresponding instruments: preliminary environmental impact assessment (Article 29), environmental impact assessment for projects subject to EIA (Articles 25 to 37), environmental licence (Articles 39 to 48), and environmental registration (Article 49).
It also regulates protection of specific environmental components and areas, including water, air and soil quality management (Articles 15 to 19), natural heritage (Articles 20 to 24), and production, business and urban and rural environmental protection (Articles 50 to 73). Separate chapters address waste management (Articles 72 to 86), liability for environmental damage and financial tools including environmental escrow (Articles 130 to 151), as well as incentives and development of circular economy, green procurement and environmental industry.
Other instruments include environmental monitoring and information systems (Articles 106 to 120), prevention of and response to environmental incidents, climate change adaptation and mitigation and ozone layer protection (Articles 90 to 93 and 122 to 127), and standards, technical regulations and best available techniques.
Effect and transition
The Law took effect on 1 January 2022 and replaces the Law on Environmental Protection No. 55/2014/QH13. Detailed effect, transition and implementing provisions are prescribed in the final chapter. Specific rates, fees for tham dinh, time limits and forms are to be implemented under guiding decrees and circulars, which are not detailed in the abridged excerpt provided.
Related documents
About this summary
HAPRI LawWatch presents a summary, key provisions and related-document links. This is not the official legal text or legal advice. Check the official source before applying it.