Vietnam

The increase in the concentration of greenhouse gases such as carbon dioxide, methane, and nitrous oxide in the atmosphere has caused anthropogenic global climate change, which has drawn wide attention from the international community. Vietnam is identified in the Intergovernmental Panel on Climate Change (IPCC) report (2014) as one of the most vulnerable countries likely to be most affected by climate change due to its extensive coastline, vast deltas and floodplains, location on the path of typhoons as well as its large population in poverty. Vietnam is also one of the top 10 countries with the most serious air pollution in the world. The level of unsafe particles is similar to that of large cities and industrial areas in China. The International Monetary Fund reports that Vietnam's greenhouse gas emissions will triple by 2030, basically because of the dependence on fossil fuels for power generation.

Legal Framework
Law on Environmental Protection No. 72/2020/QH14

The Law on Environmental Protection was ratified by the National Assembly on November 17, 2020, to replace the current Law on Environmental Protection No. 55/2014/QH13 (amended), and will come into force on January 01, 2022. It provides statutory provisions on environmental protection activities; measures and resources used for the purpose of environmental protection; rights, powers, duties and obligations of regulatory bodies, agencies, organisations, households and individuals who are tasked with the environmental protection task. Further, the 2020 Law introduces numerous breakthrough policies concerning the environmental criteria-based classification of investment projects, environmental licenses, circular economy, response to climate change, responsibility for environmental incident prevention and response, application of best available techniques, environmental audit, and mechanisms to enhance environmental protection law compliance. It also creates a legal framework for promoting climate change response activities and fulfilling international commitments.

The Law, consisting of 171 Articles, is divided into 16 Chapters as follows: General Provisions (Chap. I); Protect Environmental Components, Natural Heritage (Chap. II); National Environmental Protection Strategy, National Protection Plan (Chap. III); Strategic Environmental Assessment, Environmental Permit (Chap. IV); Environmental Protection in Production, Business, and Service Activities in Urban and Rural Areas (Chap. V); Waste Management (Chap. VI); Responding to Climate Change (Chap. VII); Environmental Technical Regulations, Standards (Chap. VIII); Environmental Monitoring, Information, Environmental Databases and Reports (Chap. IX); Prevention and Response to Environmental Incident and Compensation for Environmental Damage (Chap. X); Economic Tools, Policies, and Resources for Environmental Protection (Chap. XI); Integration and International Cooperation (Chap. XII); Social Responsibility (Chap. XIII); Inspection, Audit, Handling of Violations (Chap. XIV); Country Management Responsibilities (Chap. XV); Term of Enforcement (Chap. XVI). It applies to regulatory bodies, public agencies, organizations, family households and individuals within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters and airspace.

Law on Natural Disaster Prevention and Control No. 33/2013/QH13

The Law on Natural Disaster Prevention and Control, consisting of 47 Articles divided into 6 Chapters, provides natural disaster prevention and control activities; specifies the rights and obligations of agencies, organisations, households and individuals engaged in natural disaster prevention and control activities; and details the state management of, and assurance of resources for, natural disaster prevention and control.

It specifies that natural disaster prevention and control activities must be based on scientific grounds, protect the environment, and recognise the importance of adapting to climate change. It requires the creation, every 10 years, of a National Strategy on Natural Disaster Prevention and Control which must include results of any climate change-related risks. District level and provincial natural disaster prevention and control plans must identify potential climate change-related impacts on socio-economic activities.

Law on Economical and Efficient Use of Energy No. 50/2010/QH12

The Law on Economical and Efficient Use of Energy was ratified by the National Assembly on June 17, 2010 and became effective on January 1, 2011. The Law consists of 48 Articles, covering all areas of the economy (industrial, transportation, agricultural, service and domestic, and across state-funded investment projects and agencies). It promotes measures to promote economical and efficient use of energy, including scientific and technological development, and the development of education and consultancy services in the energy sector. It also sets out the state's responsibilities for the economical and efficient use of energy.

Cases
Currently, there are no Climate Litigation cases concerning Vietnam and its national jurisdiction. Further, it is worth noting that Vietnam is a country of civil law tradition; thus, national jurisdiction is based solely on national environmental laws. Further, reaching an out-of-court settlement is a preferred model of dispute resolution of climate change cases than full trials in Vietnam (See, for example, Vedan case).

Resources
Vietnam Climate Laws (Grantham Research Institute)

Organizations
ActionAid Vietnam eradicate poverty by facilitating the process of empowering the poorest and excluded people with special reference to ethnic minorities and women.

CARE International, includes CARE Climate Change Information Centre seeks a world of hope, tolerance and social justice, where poverty has been overcome, and people live in dignity and security.

East Meets West transforms the health, education and communities of disadvantaged people in Southeast Asia by building partnerships, developing opportunities and creating sustainable solutions.

Forum on Climate Change is hosted by the Institute for Training, Research and Technology Development (TDI). It is an interactive website in Vietnamese and English to change awareness and behaviour, exchange information and share experience in climate change.

GRET is a professional solidarity and international cooperation association. GRET works to contribute to sustainable, fair development and alleviate poverty and structural inequalities. Their actions aim to increase the incomes of rural and urban populations, reduce their vulnerability, improve their access to quality infrastructures and services, and develop their ability to be heard.

Oxfam Vietnam is a member of Oxfarm International, a confederation of 14 like-minded organisations working together and with partners and allies around the world to bring about lasting change.

RECOFTC is the Center for People and Forests, capacity building for community forestry and devolved forest management and now REDD.

SNV is an international development organisation of Dutch origin. SNV supports national and local actors within government, civil society and the private sector to find and implement local solutions to social and economic development challenges.

The Centre for Sustainable Rural Development (SRD)

Vietnam Non-Governmental Organisations & Climate Change Network

VVOB is Flemish Association for Development Cooperation and Technical Assistance.

World Wildlife Fund aims to build a future where people live in harmony with nature.