Luật bảo vệ môi trường là gì? Những điểm mới đột phá – Luật ACC

In recent years, environmental issues have become a matter of great concern as the Earth gradually heats up and climate change wreaks havoc with serious consequences. Protecting the environment is crucial at this current time, and Vietnam is no exception, facing various environmental problems such as water pollution, pervasive smoke, deforestation, and many others. That’s why the Law on Environmental Protection was enacted in Vietnam. So, what is the Law on Environmental Protection and what are its new breakthroughs? These questions will be answered in the following article.

Understanding the Law on Environmental Protection

Before delving into the Law on Environmental Protection, let’s first understand what the environment is. The environment encompasses both natural and artificial elements that are closely related to each other and surround human beings. It affects the life, economy, society, existence, development of human beings, living organisms, and nature itself (Article 3, Clause 1 of the Law on Environmental Protection, 2020). The Law on Environmental Protection is a legal field that encompasses a compilation of laws and regulations that regulate social relations directly related to environmental exploitation, management, and protection.

Differentiating the Environmental Law from the Law on Environmental Protection

Many people confuse the Environmental Law with the Law on Environmental Protection. The table below will help readers distinguish between the two.

CriteriaLaw on Environmental ProtectionEnvironmental Law
FormA law enacted by the National Assembly through legal proceduresA legal field
ContentRegulates social relations arising in the field of environmental protectionRegulates two social relations:
– Environmental protection
– Management, exploitation, and use of environmental elements
ScopeThe primary source of the Environmental LawBroader scope compared to the Law on Environmental Protection
(as it regulates two social relations)

New Breakthroughs in the Law on Environmental Protection

Compared to the regulations of the Law on Environmental Protection in 2014, the Law on Environmental Protection in 2020 has made several new breakthroughs that are more appropriate for the current environmental situation. These breakthroughs include:

1. Community’s Role in Environmental Protection

For the first time, the law defines the community as a subject in environmental protection work while enhancing transparency, consultation, and the community’s role in environmental protection activities. The community has long played an important role in environmental protection, and the Law on Environmental Protection in 2020 supplements provisions for establishing an online system for receiving, processing, responding to feedback, suggestions, and consultations from organizations, individuals, and the community regarding environmental protection. This allows the community to participate in monitoring environmental protection activities through information technology and interact with smart applications on mobile phones.

2. Change in Project Management Approach

The law brings changes in the management approach for investment projects, based on the laws of nature, without sacrificing the environment in exchange for economic benefits. Specifically, it implements strict control over projects that pose a high risk of adverse impacts on the environment, conducts post-evaluation for projects with advanced and environmentally friendly technologies, and streamlines administrative procedures.

3. Focus on Environmental Health

Although there is no separate provision, environmental health, through the protection of environmental components, is established to protect people’s health and ensure the right to live in a healthy environment. Furthermore, the Law also supplements many solutions to protect environmental components, especially air and water environments.

4. Waste Classification and Management

The Law introduces regulations to promote waste classification at the source and provides guidance on waste management methods to contribute to the development of a circular economy in Vietnam.

5. Comprehensive Management Authority

For the first time, the Law establishes provisions on state management authority based on the principles of comprehensive, unified management, assigning one agency to be responsible for implementation, and decentralizing to localities.

6. Environmental Audit

Specific provisions on environmental auditing are included to enhance the capacity and effectiveness of environmental management by businesses.

7. Climate Change Response

In response to the current climate change situation, the law specifies regulations to cope with it and promotes the development of the domestic carbon market.

8. Legal Framework for Natural Heritage Protection

The law improves the legal framework for the protection of natural heritage to comply with international laws on world heritage, meeting the requirements of international integration.

9. Sustainable Economic Growth

The establishment of policies to develop sustainable economic growth models, promote circular economy, and restore and develop natural resources is emphasized.

Related Questions

How are environmental protection violations processed?

Depending on the severity of the violation, penalties can range from administrative fines to criminal liability.

When does the Law on Environmental Protection 2020 come into effect?

The Law on Environmental Protection 2020 will come into effect on January 1, 2022, except for Article 29, Clause 3, which will come into effect on February 1, 2021.

This article has provided readers with insights into the Law on Environmental Protection: its definition, new breakthroughs, and related matters. Given the increasing pollution in the environment today, it is crucial to minimize actions that harm the environment. If you have any questions related to this article or any legal issues, please leave a comment below, and will be happy to assist you.

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