Amending Law on Environmental Protection: [1] New legislative mindset

To meet legislative requirements in the new context, the MAE is finalizing a draft law amending and supplementing a number of articles within the 2020 Law. The new law is expected to address existing shortcomings while improving environmental management tools toward greater modernity and transparency, in line with economic development linked to environmental protection.

More than five years ago, in November 2020, the Law on Environmental Protection was passed by the National Assembly, introducing many groundbreaking provisions and creating a fundamental shift in environmental protection in Viet Nam. However, in practice, several shortcomings have emerged, particularly overlapping regulations, complex administrative procedures, and limitations in decentralized management.

On April 17, the Ministry of Agriculture and Environment, in coordination with the National Assembly’s Committee on Science, Technology, and Environment and the Viet Nam Chamber of Commerce and Industry (VCCI), organized a workshop to collect feedback on the draft amendments.

Deputy Minister Le Cong Thanh, Vice Chairman of the National Assembly Committee Ta Dinh Thi, and VCCI Vice President Nguyen Quang Vinh co-chaired the event. The workshop welcomed participation from representatives of ministries and localities in the northern region, as well as experts, scientists, organizations, associations, and businesses in the field of environmental protection.

New mindset to remove institutional bottlenecks

“Reality has taught us a profound lesson: Any development that ignores environmental factors will come at a cost many times greater than the economic benefits gained,” said Deputy Minister Le Cong Thanh.

Highlighting the need to revise the 2020 Law, he noted that Viet Nam is entering a pivotal phase of development. Global trends such as digital transformation, green transition, circular economy, and stringent carbon market standards are reshaping international trade rules. This presents both opportunities and significant challenges for Viet Nam.

The 14th National Party Congress has set ambitious goals for strong growth, including double-digit economic expansion, and has made it a firm requirement that socio-economic development and environmental protection be central.

“We must reform administrative procedures and remove institutional bottlenecks for businesses, but we must not loosen environmental management. The spirit of decentralization, ‘localities decide, localities implement, and localities take responsibility,’ is being strongly promoted. These urgent demands make the revision of the 2020 Law inevitable,” he said.

The draft law continues to inherit and promote effective policies from the 2020 Law, such as applying environmental criteria when classifying investment projects to manage risks flexibly; managing waste with a focus on recycling and reuse to promote green and circular economies; and protecting environmental components through plans to manage surface water and air quality.

“A key innovation in this draft is a new legislative mindset: the law will set frameworks and principles to ensure flexibility, while technical details will be assigned to the Government and competent authorities,” said the Deputy Minister.

Five strategic directions

The draft amendments are built around five strategic orientations.

The first focus is on substantive administrative reform and stronger decentralization to local authorities. Administrative procedures are expected to be simplified, including environmental criteria for project classification, environmental impact assessments, and environmental permits, thereby reducing compliance costs for businesses.

However, this simplification will be accompanied by strengthened post-audit mechanisms, close supervision, and clear accountability across levels and sectors, based on three core elements: tools, personnel, and processes.

Second, there should be a shift in waste management thinking from “waste treatment” to “viewing waste as a resource,” and the creation of a legal framework to develop the environmental industry and promote a circular economy.

Third, pioneering digital transformation can proceed smoothly by building an integrated, transparent environmental data ecosystem to serve authorities, citizens, and businesses.

Fourth, a shift from “passive remediation” to “proactive prevention” is needed: enhancing forecasting and early-warning capabilities and controlling pollution sources at their origins amid rapid urbanization and industrialization.

The fifth orientation concerns improving economic instruments, particularly carbon markets. The goal is to turn environmental protection and climate adaptation into economic drivers that encourage businesses to innovate and enhance competitiveness.

Building a strong legal foundation for environmental protection

Discussing the draft, participants agreed on the need to continue strong administrative reforms, particularly in environmental impact assessments and permitting, to ensure effective control of high-risk projects and facilities.

At the same time, the concept of waste should be redefined to maximize opportunities for recycling and reuse. Waste classification should be assigned to local authorities, with clear timelines and roadmaps.

In environmental protection work, the State should support organizations and individuals in fulfilling their responsibilities by facilitating access to environmental technologies, green transition, and circular economy models, while not replacing their accountability in planning, technology, and management to meet standards.

According to Ta Dinh Thi, Vice Chairman of the National Assembly’s Committee on Science, Technology and Environment, institutionalizing Party policies in the amended law is crucial. Environmental protection must be placed at the center, alongside socio-economic development. Policies must shift fundamentally from a reactive to a proactive and constructive approach to environmental protection.

“We can no longer adopt the mindset of ‘if it cannot be managed, then prohibit it.’ Strong decentralization must be accompanied by effective control mechanisms. Simplifying administrative procedures is necessary, but it must not be mechanical, especially in environmental protection, where decisions must be based on science and practice. The shift from pre-control to post-control must rely on smart, real-time digital governance,” he said.

Vice Chairman Ta Dinh Thi also highlighted challenges related to human resources and implementation capacity, particularly at the local level, where environmental personnel shortages may arise amid administrative streamlining.

“The challenge for lawmakers now,” he added, “is to uphold the principle of ‘not trading the environment for mere economic growth’ while striving for double-digit growth. Where does environmental protection stand to ensure both growth quality and environmental quality? Our expectation is a practical law that serves as a strong legal foundation for sustainable development in the new phase.”