Laws and Regulations

National Laws and Regulation

Viet Nam has several national legal frameworks on marine pollution and waste management:

Decree No. 59/2007 on Solid Waste Management

The decree regulates the management, rights, obligations, and activities related to solid waste (Article 1). Solid waste management has several basic principles (Article 4): first, entities that dispose of solid waste should pay the collection, transportation, and disposal fees; second, waste should be separated at source; third, technologies to process hard-to-decompose solid waste must be prioritised; and fourth, socialisation of a proper waste management must be promoted by the state. The rest of the decree regulates solid waste planning and investment (Chapter II); solid waste separation (Chapter III); solid waste collection, storage, and transportation (Chapter IV); solid waste disposal (Chapter V); expenses of solid waste management (Chapter VI); and inspection, monitoring, and violations (Chapter VII).

Circular No. 121/2008 on Guiding Incentive Mechanism and Financial Supports for Investment in Solid Waste Management

The circular mandates organisations and individuals that invest in waste disposal facilities to obtain permission to invest in solid waste disposal facility from the state agency, design investment to be in line with the local land use planning (under approval of relevant stakeholders), implement capable technology with economic and technical  efficiency, fulfil legal provisions on construction and environmental protection, and provide the right size and standards of solid waste disposal facilities according to the Prime Minister (Chapter II).

The Law No. 14/2010 on Environmental Protection Tax

Plastic bags are categorized as taxable objects (Article 3) and subject to an environmental tax of VND30,000–50,000/kg (Article 5).

Circular No. 12/2011 on Hazardous Waste Management

The circular classifies hazardous waste, describes hazardous waste management, and examines environmental impact assessments of hazardous waste management facilities (Article 1). Registered hazardous waste generators must fulfil the hazardous waste management practice conditions to obtain a license to manage hazardous waste, after which they must ensure various matters regarding management, such as vehicles and equipment, places to store the waste temporarily, and treatment (Article 9).

Decision No. 31/2014 on Support Mechanism for the Development of Power Generation Projects using Solid Waste(s) in Viet Nam

The decision states that the master plan to develop power plants using solid waste must refer to the solid waste potentials in each relevant period. The master plan also must be relevant to the social and economic condition of the country, regional master plan, and solid waste management master plan (under approval of relevant stakeholders) (Article 3). Investment in the project must conform with legal provisions on construction, fire prevention, and environmental protection (Article 6).

The Construction Law No. 50/2014

Solid waste collection and treatment facilities are categorized as technical infrastructure (Article 3, number 22). The Ministry of Construction is authorized to create technical regulation guidelines for specialized construction works (Article 6, number 6).

Law No. 82/2015 on Marine and Island Resources and Environment

Throwing waste on islands and sandbanks and in shallow zones is restricted (Article 41). Five actions are taken to manage marine and island environmental pollution: (i) performing preventive actions, (ii) setting sea areas as pollution-prone zones to implement effective solutions, (iii) controlling land- and sea-based waste by considering the capacity of the sea and islands, (iv) responding to and preventing the spread of pollution during environmental marine emergencies, and (v) cooperating with stakeholders to manage marine and island environmental pollution (Article 42). Hazardous waste must be managed based on the law on environmental protection (Article 45). Before it is disposed of in the sea, land-based waste from production, business, or daily-life activities must be controlled according to environmental technical regulations (Article 46). Potential sources of sea pollution should be rigorously managed. Regarding dumping waste into the sea, the regulation specifies the license that should be obtained, the allowed materials, the permits, the rights of parties that have obtained the permits, and management of dumping (Section 3, Chapter IV).

Decree No. 38/2015 on the Management of Wastes and Scraps

Plastic is considered reusable and recyclable waste (Article 15.) All recyclable waste shall be recycled and reused (Article 50). Importers of plastic scrap must pay a deposit, the amount of which depends on the volume of the scrap: 15% of total cost for scrap under 100 tons, up to 20% for scrap over 500 tons.

Environmental Protection Law 2020

The Environmental Protection Law 2020 was enacted to replace the 2014 regulation. Article 11 of the new law states that any disposal of waste into the marine environment must be examined thoroughly to meet the standard of environmental protection. Potential risks to seas and islands as well as exploitation activities that extract benefits from the seas and islands must be investigated and follow relevant laws. Stakeholders must coordinate to protect the marine environment.

Article 73 discusses plastic waste management, where organisations and individuals responsibly use and manage plastic waste, such as by limiting plastic use and disposing of waste into the environment. Plastic waste generated by the tourism sector and other marine services must be properly collected, stored, and distributed to recycling and disposal facilities. The use of environmentally friendly packaging as a substitute for plastic packaging must be supported by the relevant law. In general, plastic waste must be collected and properly classified. The state is responsible for promoting reuse and recycling, as well as encouraging research and development and policies for plastic waste management. The provincial government is responsible for directing collection and processing of waste at the local level. The relevant government should develop a road map to limit the production and import of single-use plastic products, non-biodegradable plastic packaging, and products containing microplastics.