LUẬT MÔI TRƯỜNG QUẢN LÝ CHẤT THẢI VI NHỰA – THỰC TRẠNG VÀ NHỮNG ĐỀ XUẤT GIẢI PHÁP CHO PHÁP LUẬT VIỆT NAM VER TIẾNG ANH Currently, socioeconomic development is growing, industrialization and modernization are being promoted strongly, this is a good sign, but also a great pressure on the environment. Because, when the population increases, the quality of life is improved, along with an increase in the amount of plastic waste. Most types of plastic waste have a very slow rate of biodegradation, they break down into smaller particles and eventually form microplastics which are plastic particles with a diameter of 1μm 5mm.
ENVIRONMENTAL LAW MICROPLASTICS POLLUTION MANAGEMENT CURRENT PRACTICE AND RECOMMENDATIONS FOR IMPROVING LEGISLATION IN VIETNAM HCMC 12/2021 ACKNOWLEDGEMENTS During the pastime, for the subject of Environmental Law, we have always received dedication, guidance, and help from the subject lecturer First, with the knowledge of the subject of Environmental Law taught by the teacher, we have grasped the most basic contents to the more advanced ones At the same time, a smooth combination of theory and practice through solving real-life situations helps us to familiarize ourselves with and be able to analyze and apply the provisions of the law provided in each school-specific case From there, we will equip ourselves with the necessary skills to be able to handle real-life situations related to the field of environmental law and also help us gain a more realistic, objective view of the environment to know how to apply the knowledge learned in future work We wish you will always have good health, success in work and especially will always be the beloved ferryman who brings our students to the shore of endless knowledge Furthermore, we sincerely thank you, sir! TABLE OF CONTENTS ACKNOWLEDGEMENTS INTRODUCTION Necessity Research situation Research objectives 3.1 General objective 3.2 Detail goal Research subjects Research scope 6 Research methods The structure of the essay CHAPTER I: OVERVIEW OF MICROPLASTIC WASTE AND THE SITUATION OF MICROPLASTIC POLLUTION IN VIETNAM Overview of microplastic waste 1.1 Concept 1.2 Origin of microplastic waste 1.3 Features of microplastic waste 11 Microplastic pollution situation in Vietnam 12 CHAPTER II: LAW ON MICROPLASTICS POLLUTION MANAGEMENT IN SOME COUNTRIES AND VIETNAM 14 Policies and laws on microplastics management in the world 14 1.1 European Union (EU) 14 1.2 United States 16 1.3 China 17 Policy and law on microplastics management in Vietnam 18 2.1 The guidelines and policies of the Party and State 18 2.2 Laws related to microplastics management 20 CHAPTER III: PROPOSAL TO IMPROVE THE LAW ON MANAGEMENT OF MICROPLASTIC WASTE IN VIETNAM 22 Recommendations to improve legal policies on microplastic waste management 22 Proposing solutions to support policy formulation and implementation 24 CONCLUSION 27 LIST OF REFERENCES 28 I Legislations 28 II Others 28 TABLE OF FIGURES Figure 1.1 Types of microplastics Figure 1.2 Source of microplastic waste Figure 1.3 Features of microplastic waste Figure 1.4 Microplastic pollution situation in Vietnam 9 11 12 INTRODUCTION Necessity Currently, socio-economic development is growing, industrialization and modernization are being promoted strongly, this is a good sign, but also a great pressure on the environment Because, when the population increases, the quality of life is improved, along with an increase in the amount of plastic waste Most types of plastic waste have a very slow rate of biodegradation, they break down into smaller particles and eventually form microplastics - which are plastic particles with a diameter of 1μm - 5mm Microplastics are a type of harmful waste, polluting the living environment, and having harmful effects on aquatic organisms and human health This particle when released into ponds, lakes, rivers, and oceans can have a major impact on the environment and the food chain In 2010, Vietnam was the country with the fourth-largest amount of plastic waste discharged into the ocean in the world Aware of the environmental risks of plastic waste, the State has issued many legal regulations on plastic waste management, as well as plans to minimize plastic and microplastic pollution However, the management of plastic waste in Vietnam currently still has many problems and inadequacies, especially, awareness of microplastic pollution is still extremely limited For this reason, the authors believe that it is extremely important and necessary to conduct a comprehensive study on microplastic waste and provide a solution to perfect the law on microplastic pollution management That is the reason why the authors chose the topic “Microplastic pollution management - Current practice and recommendations for improving legislation in Vietnam” Research situation Microplastic pollution is a hot issue, receiving much attention in recent times Some typical research works can be mentioned such as: a summary of “Chinh sách, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi de xuat cho Viet Nam” by the Department of Scientific Information and Technology National Technology compiled in 2021; The book “O nhiem vi nhua: nghien cuu dien hinh tai Viet Nam va kinh nghiem quoc te” by the Institute of Strategy Policy on Natural Resources and Environment (ISPONRE) in association with the International Union for Conservation of Nature (IUCN), published by Transport Publishing; “Legal Limits on Single-Use Plastics and Microplastics: A Global Review of National Laws and Regulations” of the United Nations Environment Program… Besides, there are also a number of scientific articles and journals such as: “Quan ly vi nhua van vuong mac” of the Newspaper of Natural Resources and Environment; “Danh gia vi nhua moi truong nuoc o Viet Nam” by Environmental Journal… The above research papers have analyzed in detail the problem of microplastic pollution, along with practical data In order to approach more deeply and thoroughly, the group’s essay will have a different approach and analysis from the mentioned topics and research works Research objectives 3.1 General objective The essay focuses on researching general issues of microplastic pollution, from current regulations of Vietnam to the experiences of some countries in the world in this field 3.2 Detail goal Clarifying the concept, characteristics and origin of microplastic waste; Clarifying the current situation of microplastic pollution in Vietnam; Analysis of legal regulations on microplastic waste management of Vietnam; Analyze the regulations on microplastic waste management of the European Union, the US and China to draw lessons for Vietnam; After studying the regulations, general comments on microplastic waste management were drawn, from which suggestions were made to improve the regulations on microplastic pollution management in Vietnamese law Research subjects Research subjects of the topic include: microplastic waste, pollution status caused by microplastics, microplastics pollution management comprising the formation of a legal framework to regulate human behavior, treat, limit microplastic waste and ban some objects that have the risk of creating a large source of environment pollution from producing microplastics Research scope The essay will provide some information and have an overview about microplastics management in some countries, including Vietnam, from concept to practical application of pollution and the same regulatory framework related to this issue This is also the basis for us to propose more appropriate solutions in order to solve the problem of microplastic pollution in Vietnam In addition, other issues related to microplastics management in this article, we only researched and mentioned at a basic level, as the basis for the general arguments for detailed analysis, clarify issues within the scope of the research topic Research methods During the implementation of the topic, we used the following research methods: Firstly, the method of analysis and synthesis: We analyzed and synthesized the most common concepts and characteristics of microplastic waste At the same time, synthesize a number of reports on the status of environmental pollution caused by microplastic waste in Vietnam Second, the method of comparison and contrast: This method has been applied in studying the situation of microplastic waste management in some countries around the world From there, certain lessons can be drawn for the improvement of the law in Vietnam In addition, the group also used a number of methods such as interpretive and inductive methods; refer to the research work of experts and practitioners, etc to be able to complete and implement the group’s set of contents The structure of the essay In addition to the Introduction, Conclusion and List of References, the essay is structured in 03 parts as follows: Chapter I: Overview of microplastic waste and the situation of microplastic pollution in Vietnam; Chapter II: Law on microplastics pollution management in some countries and Vietnam; Chapter III: Proposal to improve the law on management of microplastic waste in Vietnam CHAPTER I: OVERVIEW OF MICROPLASTIC WASTE AND THE SITUATION OF MICROPLASTIC POLLUTION IN VIETNAM Overview of microplastic waste 1.1 Concept Through many studies, microplastics are defined as fibrous, thin, granular, pellet, very small pieces of plastic that are hard to see with the naked eyes The first international conference on microplastics, organized by the US National Oceanic and Atmospheric Administration (NOAA), also came up with a definition of microplastics: “microplastics are pieces or fibers of plastic that are the same size as microplastics Size less than 5mm”.2 This definition gives only the upper limit and not the lower limit of microplastics Until the term “nanoplastics” appeared, there was a lower limit for microplastics that were plastic particles smaller than 1μm in size From there, we have a fairly complete definition of microplastics: small pieces of plastic with sizes from 1μm - 5mm Microplastics can now be divided into two main groups: Primary microplastics (primary): are microplastics produced with a certain size and shape This type of microplastic is often purposefully manufactured for service industries or the plastics industry For example, personal care products or cleaning agents such as toothpaste, facial cleanser, They are from nano to micro in size that are discharged directly into the environment through rivers and streams In addition, primary microplastics can also arise from plastic items during production, use or maintenance, such as the wear of tires while running, or the wear of clothes during the process wash Secondary microplastics (secondary): usually in the form of sheets, flakes, filaments, foams of very small size and are the result of the decomposition of large plastic pieces into smaller pieces of plastic, caused by physical, biological and chemical agents The process of breaking down large plastic materials into smaller pieces is called fragmentation This is also the main factor leading to the creation of microplastics These types of microplastics are usually plastic bottles, fishing nets, plastic bags, etc National Administration of Science and Technology Information (2021), “Chinh sach, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi va de xuat cho Vietnam”, Ministry of Science and Technology NOAA Fact Sheet, Microplastic Marine Debrist National Administration of Science and Technology Information (2021), “Chinh sach, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi va de xuat cho Vietnam”, Ministry of Science and Technology Figure 1.1 Types of microplastics Source: “Introduction to Microplastics” - A Rocha International 1.2 Origin of microplastic waste Plastic is now used a lot in life and production activities both at sea and on land However, about 98% of primary microplastics arise from activities on land, only 2% are generated at sea Primary microplastics are generated mainly from 07 sources: plastic particles/pellets, synthetic fabrics, tire wear, road markings, ship paint, personal care products and urban dust.4 Of these sources, only microplastics in personal care products are intentional sources, as people intentionally introduce microplastics into products The remaining sources are due to objective impacts such as weather or unintentionally during the production, transportation, use, products containing plastic Figure 1.2 Source of microplastic waste National Administration of Science and Technology Information (2021), “Chinh sach, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi va de xuat cho Vietnam”, Ministry of Science and Technology 1.2 United States In the US, the management of plastic waste is regulated at both legislative level, the federal level, and the state level.17 Specifically, (i) At the federal level, the United States was interested in improving waste treatment technology in 1965 through the Solid Waste Disposal Act This law establishes minimum standards for landfill sites and establishes a regulatory framework for states to better control solid waste disposal In addition, in recent times, several law projects that directly regulate plastic waste have been proposed in the US Congress such as the Law on Reducing and Recycling Plastic Waste (proposed in 2020); The Law Get Rid of Plastic Pollution (proposed in 2020 and re-proposed in 2021) Currently, these projects are still being considered by the US Congress (ii) At the state level, the US is currently having a dispute between two regulations, which are banning the use of single-use plastic products and not banning the use of these products Specifically, five states have enacted regulations restricting or banning the use of plastic, including California, Oregon, Hawaii, Maine, and Connecticut However, eight states prohibit it, such as North Dakota, Oklahoma, Iowa, Missouri, Indiana, Mississippi, Pennsylvania, and Tennessee On the other hand, there are cases where states have regulations that not ban the use of single-use plastic products at the statewide level but prohibit it at the city level in typical states such as Colorado, Florida, The plastic industry in the US has implemented a “Clean Operation” to reduce the loss of microplastics to the environment, especially during transportation and delivery The US NOAA established the National Marine Debris Program in 2006 and jointly with UNEP issued the Honolulu Strategy in 2011 18 The strategy can be seen as a global framework for comprehensive efforts to minimize the ecological, human health, and economic impacts of marine litter, in which plastic (including microplastics) is considered a pollutant to the marine environment In 2014, Illinois was the first US state to pass a law on microplastics However, this bill still has many loopholes because it has not properly defined the terms contained in it Specifically, Illinois Law incorrectly defined “plastics” and “synthetic microplastics”, thereby causing confusion, inclusivity, and inconsistency in the definition, creating loopholes in the process application of this bill Later, when proposing legislation in California, legislators developed wording to close the loopholes However, controversial 17 Vu Hai Dang, Nguyen Thi Xuan Son, “Xay dung luat phap va chinh sach lien quan den rac thai nhua dai duong: Kinh nghiem the gioi va bai hoc cho Viet Nam”, [http://tapchimoitruong.vn/phap-luat chinh-sach-16/xay-dung-luatphap-va-chinh-sach-lien-quan-den-rac-thai-nhua-dai-duong-kinh-nghiem-the-gioi-va-bai-hoc-cho-viet-nam-25971] (accessed December 09, 2021) 18 Wang J., Zheng L., Li J (2018), A critical review on the sources and instruments of marine microplastics and prospects on the relevant management in China, Waste Management & Research 16 terms were still forced to be deleted because in the end no consensus on the definition could be reached So, California’s bill prohibits microplastics made from any type of plastic, without exception, and this law only applies to cleaning products, not makeup, creams lotions, exfoliants, deodorants, industrial and household cleaners In 2015, the US government passed the Microbead-Free Waters Act, which prohibits the manufacture and distribution of cleansing and cleaning cosmetics (especially including toothpaste) containing microplastics In the current situation, according to a new report submitted to the federal government on December 1, 2021, the US is the largest plastic emitter in the world To contribute to the fight against plastic waste, US congressmen have submitted to Congress a bill that sets out the most stringent regulations ever for the plastic manufacturing industry and forces manufacturers of such materials to act more responsibly The “Escape Plastic Pollution” bill requires manufacturers to implement, manage, and fund programs to collect, treat waste, and stop producing single-use plastics such as plastic bags, and polystyrene containers from 2022 1.3 China In 2019, China was the country that emitted the most plastic waste, accounting for about one-fifth of global plastic waste 19 Therefore, the issue of promulgating legal documents, regulations, and measures to control microplastic pollution in this billion-population country is always an urgent issue and deep concern not only for the Chinese government but also for the whole world In China, the General Administration of Quality Control and Supervision of China promulgated the Plastic Product Standard in 2013 and the Paper and Plastic Product Standard in 2014 Thereby, a number of standards have been set forth for polystyrene composite products, plastic injection molding, and food packaging In 2018, the State Council of China promulgated the Temporary Regulations on Courier Services, encouraging the use of compostable and recyclable packaging materials In addition, legal documents in the field of standards also contribute to reducing the use of plastic materials However, the above documents are still not mandatory documents At the local level of China, the governments of coastal provinces and cities have also issued many legal documents to tackle plastic pollution For example, in 2013 the Standing Committee of the Shanghai Municipal People’s Council issued the Shanghai Packaging Reduction Regulation, which allows anyone to have the right to report to the authorities about the case which it is discovered that there is a business establishment selling products 19 Ha Lan, clTrung Quoc ‘diem nong’ o nhiem rac thai nhua the gioi”, [https://kinhtemoitruong.vn/trung-quoc-diemnong-o-nhiem-rac-thai-nhua-the-gioi-55610.html] (accessed December 09, 2021) 17 that use too much plastic packaging, this is to limit the abuse of plastic packaging in society, causing environmental pollution In 2017, China’s Ministry of Environmental Protection (now the Ministry of Ecological Environment) added “cosmetic and cleaning products containing microplastics” and “microplastic additives” to the list of “microplastics products contamination and pose a high risk to the environment” in the Comprehensive Environmental Protection List (2017) On October 30 of 2019, China’s National Development and Reform Commission (NDRC) also issued a List of Guidelines for Industrial Structure Adjustment (2019 version), effective from January of 2020, whereby China banned the production of cosmetics containing microplastics from December 31 of 2020, and the sale of products containing microplastics from December 31 of 2022, etc The plan detailed measures to reduce plastic production and use, along with alternatives to plastic, and significantly reduce the amount of plastic waste in landfills between 2021 and 2025 In addition, China will ban the production of plastic bags nationwide, as well as personal care products containing microplastics, which are banned in the US and Europe The country will also promote the use of new biodegradable products such as bamboo, wood, paper, and plastic, and increase the recycling rate for agricultural plastic mulch to 85%, encouraging the major cities to build waste segregation policies, build industrial-scale recycling plants, and banned restaurants and e-commerce platforms from using disposable products like plastic straws and shopping bags Policy and law on microplastics management in Vietnam 2.1 The guidelines and policies of the Party and State Over the pastime, being aware of the situation of plastic waste pollution in Vietnam and the role in solving the global plastic waste crisis, our Party and State have issued a series of guidelines and policies to improve the efficiency of plastic waste management, contributing to controlling the origin of microplastics In 2017, Vietnam officially joined the list of 127 countries that passed the United Nations Environment Council Resolution of the United Nations Environment Program on plastic waste and ocean microplastics 20 As a member of the United Nations, Vietnam has committed to take strong action to reduce plastic waste to protect the marine and ocean ecological environment Directive No 33/CT-TTg clearly states that to continue to strengthen the efficiency of activities of management, treatment, reusing and recycling of used plastic, to reduce plastic waste emissions into the environment Regarding microplastics, the Prime Minister has requested: The Ministry of natural resources and environment “research and build environmental technical barriers for 20 Directive No 33/CT-TTg dated August 20, 2020 of the Prime Minister about strengthening the management, reuse, recycling, treatment and reduction of plastic waste 18 products and goods containing microplastics, nanoplastics and plastic bags to prevent adverse effects on human health and the ecological environment; research and propose a roadmap to ban the use of microplastics in the production of cosmetics, garments, fertilizers…”21; The Ministry of Industry and Trade “organizes to review and announce domestically produced and imported products containing microplastics and nanoplastics for consumers to know”22; The Ministry of Science and Technology promotes innovation, creativity, research and technology transfer for the production of environmentally friendly materials in order to replace plastic in production and business such as: biodegradable plastic materials in the country marine, bioplastic materials, application of technology using cellulose, replacing plastic materials with paper; promote and support scientific and technological research tasks related to recycling and treatment of plastic waste; appraisal of national technical regulations related to plastic waste recycling and treatment 23 Next is the Prime Minister’s Decision 1316/QD-TTg enacted on July 22, 2021 approving the project to strengthen the management of plastic waste in Vietnam with the overall goal of strengthening the management of plastic waste in Vietnam, from the central to local levels, contributing to the successful implementation of the national strategy on integrated solid waste management to 2025, with a vision to 2050 approved by the Prime Minister in Decision No 491/ QD-TTg24, 1746/QD-TTg25 and Directive No 33/CT-TTg In addition, the specific objective is to perfect mechanisms, policies and laws on: Plastic waste management; production and consumption of non-degradable plastic bags used in daily life; Striving to 2025: Using 100% plastic bags, environmentally friendly packaging; ensure the collection, reuse, recycling and treatment of 85% of the generated plastic waste; reduce 50% of plastic waste in seas and oceans; strive for 100% of tourist resorts, tourist accommodation facilities, hotels not to use non-degradable plastic bags and disposable plastic products; At the same time, raise awareness of agencies, organizations, businesses, communities and people in the production, consumption and disposal of plastic waste, nondegradable plastic bags and disposable plastic products in daily life 26 On the basis of these tasks, the Government has issued an Action Plan to continue implementing Resolution No 24/NQ-TW in Resolution No 06/NQ-CP dated January 21, 21 More details at point c clause of Directive No 33/CT-TTg 22 Point d clause of Directive No 33/CT-TTg 23 Clause of Directive No 33/CT-TTg 24 Decision No 491/QD-TTg dated May 7, 2018 of the Prime Minister about approving the adjustment of the national strategy on integrated solid waste management to 2025, with a vision to 2050 25 Decision No 1756/QD-TTg dated December 4, 2019 of the Prime Minister about promulgating the national action plan on ocean plastic waste management until 2030 26 More details at clause Article of Decision 1316/QD-TTg dated July 22, 2021 of the Prime Minister approving the project to strengthen the management of plastic waste in Vietnam 19 2021.27 Accordingly, the target set by 2025 is “90% of urban daily-life solid waste will be collected and treated; strive for the proportion of urban daily-life solid waste treated by direct burial below 30% of the total amount of collected waste; 100% of hazardous solid waste arising from production, business, service activities and medical facilities will be collected and treated” and “continued to strengthen solid waste management; complete regulations on responsibilities of manufacturers and distributors in the recovery and recycling of discarded products; develop a market for exchanging recycled products” 2.2 Laws related to microplastics management Microplastic waste or plastic waste has never been specifically mentioned in any regulations in the Law on Environmental Protection 2014, but only has general regulations on waste management in Chapter IX In addition, the Law on Environmental Protection 2014 also indicates that it is necessary to encourage the application of advanced technologies to treat hazardous waste 28, recycle and reuse waste29 to create raw materials and produce energy Reducing the amount of solid waste that needs to be landfilled will be an important part of Vietnam’s waste management policy To supplement the shortcomings of the old Law, the Law on Environmental Protection 2020 has separate provisions on plastic waste and microplastics, specifically in Article 73 on reduction, reuse and recycling and plastic waste treatment, prevention and control of ocean plastic waste pollution Besides, the new Law also clearly stipulates two responsibilities of manufacturers and importers: responsibility for recycling (Article 54) and responsibility for waste treatment (Article 55) Accordingly, manufacturers and importers are responsible for recycling products and packages they produce or import according to a mandatory recycling rate and mandatory recycling regulations This is an approach in which the manufacturer’s responsibility for a product is extended to the point of becoming waste Accordingly, manufacturers are responsible for the management of products after they become waste, including collection, pre-treatment such as sorting, dismantling or decontamination; (prepared for) reuse, recovery or final disposal Additionally, the Law on Environmental Protection Tax 2010 stipulates that plastic bags are subject to tax30 with a tax rate of 30,000 - 50,000 VND/kg 31 More specifically, Resolution No 579/2018/UBTVQH14 dated September 26, 2018 of the National Assembly Standing Committee on the environmental tax schedule stipulates the application of an 27 Resolution No 24-NQ/TW dated June 3, 2013 of the 7th Conference of the 11th Party Central Committee about proactively responding to climate change, strengthening natural resource management and environmental protection 28 Clause Article of Law on Environmental Protection 2014 29 Point a clause Article 152 of Law on Environmental Protection 2014 30 Clause Article of Law on Environmental Protection Tax 2010 31 Clause Article of Law on Environmental Protection Tax 2010 20 environmental tax rate for plastic packaging of VND 50,000/kg and has effective January 1, 2019 Circular No 07/2012/TT-BTNMT of the Ministry of Natural Resources and Environment stipulating the criteria, order and procedures for recognizing environmentally friendly plastic bags clearly stated in Article on the criteria of friendly plastic bags with the environment: “with a film thickness greater than 30 µm, the smallest size greater than 20 cm, and organizations and individuals that manufacture and import plastic bags must have a plan for recovery and recycling; capable of biodegrading at least 60% in a period not exceeding two (02) years” Consolidated document No 09/VBHN-BTNMT dated October 25, 2019 on waste and scrap management requires: “For plastic scrap, it is only allowed to be imported as raw materials for the production of products and goods (excluding commercial recycled plastic beads), except for cases where the project has been approved for investment policy, issued an investment certificate and is operating production facilities that are allowed to import plastic scrap for production of commercial recycled plastic beads until the end of December 31, 2024” Although microplastics have not been mentioned explicitly in the legal framework of Vietnam, in general, the factors leading to environmental pollution caused by microplastics have long been established through Laws, Decrees, Circular on waste management, plastic bags, scrap plastic, 21 CHAPTER III: PROPOSAL TO IMPROVE THE LAW ON MANAGEMENT OF MICROPLASTIC WASTE IN VIETNAM Recommendations to improve legal policies on microplastic waste management The Ministry of Natural Resources and Environment takes the improvement of policies and laws on plastic waste management as a key task, so it has developed and perfected the solid waste management regulations in the Law on Environmental Protection 2020 and other regulations documents detailing the Law in the direction of considering waste and plastic waste as resources; review and propose an improvement of legal provisions on management of plastic waste for re-export or return of imported plastic scrap that does not meet the prescribed environmental protection criteria, eco-labels; review, propose to perfect or coordinate the development of new environmental standards and technical regulations for products, goods and plastic bags derived from recycled plastic, grain products microplastics, nano plastics to prevent adverse effects on human health and the ecological environment; proposing regulations and a roadmap to ban the use of microplastics in the production of cosmetics, clothing, fertilizers, 32 Thus, it can be seen that the policy system on waste management in general and plastic waste/plastic bags, in particular, is increasingly being improved; plastic waste management policies are strengthened, especially in the Law on Environmental Protection 2020, National Action Plan on ocean plastic waste management Through that, the legal provisions on plastic waste management, including microplastics, included in the Law on Environmental Protection 2020, the extended producer responsibility (EPR) mechanism has also been revised with the additional types of plastic packaging In addition, the Law on Environmental Protection Tax 2010 has promulgated and organized the implementation of mechanisms and policies to limit the production and use of non-degradable plastic bags (environmental protection tax), support production and consumption of environmentally friendly bags such as tax exemption for environmental protection, capital support for environmentally friendly plastic bag production facilities, The issue of microplastic pollution control was initially concerned and expressed in the Law on Environmental Protection 2020 and a number of documents such as Directive No 33/CT-TTg, Decision No 1746/QD-TTg, and Decision No of the Ministry of Natural Resources and Environment Accordingly, Vietnam needs to develop a roadmap to ban the use of microplastics in production to match the policies of countries around the world that are aiming to control the production, consumption, and disposal of microplastics products containing microplastics.33 These can be regulations banning the use of products containing 32 National Administration of Science and Technology Information (2021), “Chinh sach, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi va de xuat cho Vietnam”, Ministry of Science and Technology 33 Ibid 22 microplastics or mechanisms to encourage the use and consumption of products that not contain microplastics or tax on goods that generate a lot of microplastics Besides the advantages, there are still some shortcomings and limitations in the Vietnamese legal system, such as: The management of microplastic waste in Vietnam exists a gap in understanding and policy on the management of microplastic pollution from primary sources In addition, Vietnam still does not have any specific legal regulations on the management of microplastic waste and there is a lack of in-depth studies, legal regulations, standards, and technical regulations on the control of microplastics, microplastics in products, cosmetics, detergents, For legal policies on waste management, microplastics have not yet been specifically regulated, and detailed management guidelines are provided in the document’s legal regulations Although policies and laws on plastic waste management are improving, there are still many obstacles and inadequacies in the actual implementation There is no regulation on waste reduction from single-use plastic products; waste classification has not been implemented; plastic waste recycling has not been officially implemented, mainly by the informal sector The system of legal documents on plastic waste management is still incomplete and has not been thoroughly implemented The revised Law on Environmental Protection 2020 takes effect from January 1, 2022 Currently, guiding documents are being developed.34 From the mentioned achievements and limitations, Vietnam needs to come up with solutions to improve the legal policy on microplastic waste management in a more specific and strict way Regulations on microplastic waste management need to be developed in a more complete way as follows: It is necessary to develop specific regulations and guidelines on a roadmap to restrict the production and import of single-use plastic products, difficult-to-biodegradable plastic packaging and products and goods containing microplastics; Integrate and incorporate the contents of plastic waste management and microplastic pollution control into the provisions of the amended Law on Marine and Island Resources and Environment, relevant laws, and guiding documents; To supplement the contents of economic development, plastic waste management and microplastic pollution control in industry and field development strategies, especially related plans, including: environmental protection planning national, branch planning, regional planning, provincial planning; 34 Ibid 23 Research and study from the experiences of other countries to set the criteria for controlling microplastic pollution and put them into the legal regulations on the quality of related goods and products Develop conditions, standards, and national technical regulations for domestic or imported products and goods containing microplastics such as cosmetics, detergents, paints, Consider research to develop regulations on limiting or eliminating the production and use of photochemical plastics because, after a period of time, this plastic only decomposes into smaller plastic pieces from there will create microplastics but not completely decompose.35 Implement propaganda measures to reduce microplastic waste and significantly reduce the use of microplastics and single-use plastic bags From there, form the habit of “no plastic” to remove them from life Proposing solutions to support policy formulation and implementation Minimizing the harmful effects of microplastic waste on the environment today, first of all, it is necessary to pay attention to the formulation and implementation of policies from the State To achieve this goal, according to the research team, there should be specific solutions Firstly, it is necessary to promote the socio-economic benefits of establishing policies to prevent and reduce waste at sea and on land Specific activities for promoting socioeconomic benefits must identify measures on the basis of risk assessment on all aspects of the problem In addition, this will partly facilitate the exchange between areas affected by microplastic waste pollution and related parties At the same time, in order to complete the set policies, it is necessary to build and develop a team of highly qualified scientific and technical staff to monitor, evaluate and minimize the impact of microplastic waste 36 Second, it is necessary to promote waste prevention and efficient use of resources through technical and resource reduction measures The state should promote waste prevention, then reuse and recycling More specifically, the State should promote mechanisms to attract investment, participation of manufacturers, importers and distributors for products that reduce microplastic waste, finance the collection of collect and treat microplastic waste outside From there, this measure contributes to minimizing the use of microplastics and removing them when necessary In particular, the implementation team 35 Institute of Strategy, Policy on Natural Resources and Environment (ISPONRE) & International Union for Conservation of Nature (IUCN) (2021), “O nhiem vi nhua: nghien cuu dien hinh tai Vietnam kinh nghiem quoc te”, Publishing House of Transport 36 Ibid 24 believes that this also reduces the loss of plastic beads during production and transportation.37 Third, it is necessary to promote sustainable waste management through increased access to regular waste collection systems and investment in waste management infrastructure to prevent waste from leaking into an inappropriate area Accordingly, the State also needs to support cooperation between Vietnam and other partners to develop capacity and invest in waste management infrastructure in specific areas Next, regulatory frameworks for environmentally friendly waste management to facilitate implementation at the local level should also be promoted to increase the likelihood that the policy will be effectively implemented In addition, the State ensures cross-financing sources for waste management activities through measures such as economic incentives, fees, charges, deposits or tax reductions, etc., and overcomes barriers to waste management Investment in waste management also makes a valuable contribution in supporting the development and implementation of the above policy.38 Fourth, the importance of raising awareness, increasing education to the community and promoting research Each locality should promote information campaigns for people and businesses on waste reduction, reuse and create conditions for individuals and businesses to participate in the waste collection system and avoid waste litter In addition, policies should promote research and coordination with developed countries and professional organizations to identify and treat sources of microplastic waste pollution, assess the impact of microplastic plastic to the ecosystem and human health From the research results between the parties, the State can develop guidelines, tools and support for implementation Fifth, the State needs to strengthen support and create conditions for stakeholders to exchange about waste in general and the prevention of microplastic pollution in particular From the participation of partners, a third party will help to deal with waste and develop a more complete plan Constantly attracting stakeholders such as local authorities, social organizations, economic organizations, and scientific experts will create an abundant resource in the development of State policies In addition, the State also needs to encourage and support public-private partnership (PPP), promote private parties to participate in the process of waste reduction and develop the direction of integrated waste management and treatment waste management… Sixth, for policies to support the reduction of microplastic pollution in the water environment, the implementing team believes that the State needs to set up a team of experts to specifically identify suitable sources of microplastics With each environment, this team 37 Ibid 38 Ibid 25 will directly measure the concentration of microplastics in wastewater, treated or untreated, to initially implement remedial processes at those sources, to limit microplastic emissions into rivers and lakes, then to the sea With high-quality human resources, it will contribute to increasing research to elucidate the accumulation and discharge of microplastics from the bodies of aquatic species, thereby helping Lawmakers to come up with standards that allow on the density of microplastics in species before being marketed 26 CONCLUSION It can be seen that the regulations on microplastic waste management in Vietnamese law are still quite limited, they have only been rekindled in a few small regulations in the legal document system, but there are no specific regulations of any From these regulations, microplastic waste management activities have been initially formed, capable of limiting adverse impacts on the environment However, besides the positive aspects achieved, the system of legal documents regulating this activity still has certain limitations and inadequacies, which partly affect the effectiveness of this operation application and enforcement of the law in practice The research, supplement, and amendment of regulations not only determine the grounds for sanctioning violations but also contribute to partly overcoming the consequences caused by improper management of microplastic waste damage caused, ensuring the rigor of the law, fairness, legitimate rights, and interests of both the person causing the damage and the person suffering the damage and at the same time protecting the healthy living environment for people To ensure that the problem of microplastic waste management can be solved quickly, it is necessary for Vietnam to have separate and specific regulations on this issue, and then flexibly apply the regulations of relevant legal documents, consider the correlation between factors and the grounds giving rise to liability, thereby serving as the basis for determining the appropriate form of sanction, compensation, and circumstances In case of exemption or reduction of compensation, fines, At present, the process of industrialization - modernization in Vietnam is taking place strongly, with the formation and development of manufacturing industries, the increase in consumer demand for goods, raw materials, energy, quality, etc It is the driving force for the country’s socio-economic development However, it comes with concerns about the environment, especially waste concerns such as plastic waste, microplastic waste, etc The restriction on production, transportation, and treatment of microplastic waste has been and is becoming a difficult concern for the world, especially in countries with developing economies, including Vietnam Due to the increasing amount of microplastic waste generation, without appropriate management measures, it will lead to the risk of serious environmental pollution, originating from uncontrolled activities such as manufacturing and importing Importing plastic products, plastic waste treatment systems, etc Therefore, managing all kinds of waste in general, especially microplastic waste in particular, is an urgent requirement for the whole world In order to that, Vietnam first needs to have a specific regulatory framework on the management of microplastic waste in order to avoid unfortunate consequences for the environment 27 28 LIST OF REFERENCES I Legislations Law on Environmental Protection Tax 2010 Law on Environmental Protection 2014 Law on Environmental Protection 2020 Resolution No 24-NQ/TW dated June 3, 2013 of the 7th Conference of the 11th Party Central Committee about proactively responding to climate change, strengthening natural resource management and environmental protection Decision 1316/QD-TTg dated July 22, 2021 of the Prime Minister approving the project to strengthen the management of plastic waste in Vietnam Directive No 33/CT-TTg dated August 20, 2020 of the Prime Minister about strengthening the management, reuse, recycling, treatment and reduction of plastic waste Decision No 1756/QD-TTg dated December 4, 2019 of the Prime Minister about promulgating the national action plan on ocean plastic waste management until 2030 Decision No 491/QD-TTg dated May 7, 2018 of the Prime Minister about approving the adjustment of the national strategy on integrated solid waste management to 2025, with a vision to 2050 II Others CBI - Ministry of Foreign Affairs, “Europe is taking action to reduce microplastic pollution”, [https://www.cbi.eu/news/europe-taking-action-reduce-microplastic-pollution] (accessed December 8, 2021) 10 Ha Lan, “Trung Quoc ‘diem nong’ o nhiem rac thai nhua the gioi”, [https://kinhtemoitruong.vn/trung-quoc-diem-nong-o-nhiem-rac-thai-nhua-the-gioi55610.html] (accessed December 09, 2021) 11 Institute of Strategy, Policy on Natural Resources and Environment (ISPONRE) & International Union for Conservation of Nature (IUCN) (2021), “O nhiem vi nhua: nghien cuu dien hinh tai Vietnam kinh nghiem quoc te”, Publishing House of Transport 12 National Administration of Science and Technology Information (2021), “Chinh sach, phap luat quan ly o nhiem vi nhua cua mot so quoc gia tren the gioi va de xuat cho Vietnam”, Ministry of Science and Technology 13 The IUCN ‘Close the Plastic Tap’ Programme: From Global Strategy to Local Actions 29 14 Oanh Thuy, “Loai bo o nhiem nhua: Kinh nghiem EU, danh gia va huong giai quyet tai Viet Nam”, [https://baodautu.vn/loai-bo-o-nhiem-nhua-kinh-nghiem-eu-danh-gia-va-huonggiai-quyet-tai-viet-nam-d144702.html] (accessed December 8, 2021) 15 Phuong Tam, “Chau Au tang cuong cac hoat dong giam thieu rac thai nhua”, [http://tapchimoitruong.vn/nhin-ra-the-gioi-65/Ch%C3%A2u-%C3%82u-t%C4%83ng-c %C6%B0%E1%BB%9Dng-c%C3%A1c-ho%E1%BA%A1t-%C4%91%E1%BB%99ng-gi %E1%BA%A3m-thi%E1%BB%83u-r%C3%A1c-th%E1%BA%A3i-nh%E1%BB%B1a12980] (accessed December 8, 2021) 16 Vu Hai Dang, Nguyen Thi Xuan Son, “Xay dung luat phap va chinh sach lien quan den rac thai nhua dai duong: Kinh nghiem the gioi va bai hoc cho Viet Nam”, [http://tapchimoitruong.vn/phap-luat chinh-sach-16/xay-dung-luat-phap-va-chinh-sachlien-quan-den-rac-thai-nhua-dai-duong-kinh-nghiem-the-gioi-va-bai-hoc-cho-viet-nam25971] (accessed December 09, 2021) 30 ... pollution situation in Vietnam Source: Viet Nam xep thu tren the gioi ve xa rac thai nhua bien Currently, Vietnam mainly imports plastic materials In 2018, Vietnam’s average per capita consumption... law on management of microplastic waste in Vietnam CHAPTER I: OVERVIEW OF MICROPLASTIC WASTE AND THE SITUATION OF MICROPLASTIC POLLUTION IN VIETNAM Overview of microplastic waste 1.1 Concept Through... Oanh Thuy, “Loai bo o nhiem nhua: Kinh nghiem EU, danh gia va huong giai quyet tai Viet Nam? ??, [https://baodautu.vn/loai-bo-o-nhiem-nhua-kinh-nghiem-eu-danh-gia-va-huong-giai-quyet-tai-viet -nam- d144702.html]