Vietnam's opportunities and challenges in global climate change issues when participating in new generation free trade agreements

Secondly, analyze the current status of climate change and the relationship between climate change, environment, and trade, also analyze and synthesize regulations of international orga

INTRODUCTION

Reason for choosing the topic

Recent studies indicate that Hanoi and Ho Chi Minh City rank among the most polluted cities globally, exacerbated by the ongoing impacts of the COVID-19 pandemic and an increase in natural disasters linked to climate change and environmental degradation A report by Climate Central highlights that 96% of the global population, approximately 7.6 billion people, faced the consequences of climate change, including extreme heat and flooding in 2022 The unpredictable nature of climate change and severe weather events poses challenges not only for individual nations but also for regional and global stability.

Since the 1980s, the United Nations has established international treaties to promote cooperation among countries in protecting natural resources and combating climate change, addressing the severe environmental impacts of human activities Vietnam has actively and effectively engaged in these commitments in recent years.

Vietnam, significantly impacted by climate change, is actively engaging in new-generation free trade agreements that emphasize both commercial and environmental standards By participating in these agreements, Vietnam aims to enhance its international integration while addressing the pressing challenges posed by climate change This strategic move presents substantial opportunities for the country to align its economic growth with sustainable development.

In 2022, the world witnessed extreme weather phenomena, highlighting the urgent need for a robust response to climate change As nations navigate new generation free trade agreements, it is crucial to identify both opportunities and challenges Comprehensive national legislation must address commercial and environmental aspects to effectively tackle these pressing issues.

Vietnam must prioritize enhancing its environmental legal framework and addressing climate change challenges This necessity drives the research focus on “Vietnam’s opportunities and challenges in global climate change issues within new-generation free trade agreements.” The thesis aims to offer recommendations for improving Vietnam’s environmental legal system to support future international trade integration.

Status of topic research

The emergence of new generation free trade agreements has marked a significant turning point for Vietnam, enhancing its integration into international trade relations This development has sparked notable research initiatives focused on understanding the implications and opportunities presented by these agreements.

1 Nguyen Hong Thao (2005), “Trade and environmental issues when Vietnam joins WTO”, Journal of Legislative Studies, Issue 8, August 2005

This research paper examines the initial environmental legislation in Vietnam prior to its accession to the WTO in 2007 It highlights both the challenges and benefits Vietnam faces in this transition, emphasizing the need for the country to enhance its legal framework concerning environmental issues.

2 Tran Viet Dung (2020), “Environmental regulations in EVFTA and CPTPP – Some recommendations to improve environmental legislation”, Hong Duc Publishing House

This study examines the environmental challenges outlined in the two free trade agreements that Vietnam has entered into, focusing on the obligations imposed on the country regarding international trade integration Through a thorough analysis of the strengths and weaknesses of these agreements, the author offers insights and recommendations aimed at enhancing Vietnam's environmental legislation to align with global standards.

3 Nguyen Quang Huy (2020), “Environmental commitments in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Opportunities and challenges for Vietnam”, Mater’s Thesis, Vietnam National University of Hanoi

This article examines the provisions of the CPTPP Agreement to identify Vietnam's obligations regarding natural resources and the environment It also reviews the country's existing laws in these areas, analyzing and evaluating their appropriateness, contradictions, and any unclear or unregulated issues.

4 Nguyen Lam Tram Anh (2021), "Constitutionalization of commitments on environment, response to climate change in CPTPP and EVFTA", Journal of Industry and Trade, Results of scientific research and technology application, Issue 4, February 2021

This article aims to highlight Vietnam's commitments to environmental issues, emphasizing the importance of internalizing these pledges While the author acknowledges the constraints of a scientific article format, a comprehensive analysis of the concepts and theoretical frameworks surrounding environmental protection commitments and regulations, as well as responses to pollution and climate change, remains limited.

5 Nguyen Thu Trang (2022), “Impacts of CPTPP and EVFTA commitments on climate change to Vietnam's environmental law”, Journal of Industry and Trade, Results of scientific research and public application technology, No August 20, 2022

This paper analyzes the impact of the CPTPP and EVFTA on Vietnam's environmental legislation, assessing the country's legal framework related to climate change It aims to identify ways for Vietnam to enhance the effectiveness of its commitments under these agreements.

Vietnamese studies primarily examine the environmental protection and climate change provisions of the CPTPP and EVFTA However, there is a lack of specific analysis regarding the interplay between trade, the environment, and climate change impacts in existing literature.

1 Philippe Sands, Jacqueline Peel, Adriana Fabra, Ruth MacKenzie (2018), Principles of International Environmental Law, Cambrigde University Press, 4 th Edition

The Principles of International Environmental Law provides a comprehensive analysis of key areas in international environmental regulation, detailing essential principles, organizational structures, and management strategies It covers critical topics such as climate change, atmospheric preservation, ocean and freshwater protection, biodiversity conservation, pollutant control, and effective waste management.

2 E Edward L Miles et al (2001), Environmental Regime Effectiveness: Confronting Theory with Evidence, MIT Press

This book explores the factors contributing to the success of certain global environmental regimes while others fail By contrasting theoretical frameworks with real-world evidence, it analyzes fourteen international case studies through both qualitative and quantitative approaches The study identifies key elements that enhance a regime's effectiveness and discusses the measurement of various influencing variables Notably, the findings reveal that the environmental regimes exceeded the performance predictions of the book's collective model.

3 Ludivine Tamiotti (2009), Trade and Climate Change, WTO Publications

The report explores the interconnectedness of trade and climate change through four key perspectives: the science of climate change, trade theory, multitasking strategies for climate action, and the impact of national climate policies on trade dynamics.

4 Xiao Chen & Alan Woodland (2012), “International trade and climate change”, International Tax and Public Finance, published on 20 June 2012

This article explores the intricate relationship between global trade, trade policy, environmental policy, and climate change It highlights how international trade and the existence of nations contribute to greenhouse gas emissions, which in turn affect atmospheric concentrations and potentially drive climate change Additionally, it discusses the potential of trade and environmental policies as tools to mitigate this global externality.

Foreign literature extensively examines the principles, theories, and technical aspects of identifying and analyzing environmental regulations in international trade However, these analyses often lack practical solutions, comprehensive insights, and the necessary internalization for member countries engaged in free trade agreements.

In this research, the author has gathered insights from various prior studies to enhance their work, while also addressing gaps and areas that have not been thoroughly explored in existing literature.

Purpose, object, and scope of the Thesis

The report has the following purposes:

Firstly, analyze and provide the necessary basic issues to understand the environment and climate change, and provide an overview of international treaties on environmental protection and climate change

The current state of climate change significantly impacts the environment and global trade dynamics It is essential to examine how international organizations and countries are addressing their environmental commitments within the framework of new-generation free trade agreements By analyzing and synthesizing existing regulations, we can better understand the interplay between climate change and trade, highlighting the importance of sustainable practices in international commerce.

This article examines Vietnamese legal regulations by comparing them with the provisions of new-generation free trade agreements of which Vietnam is a member It highlights the advantages and limitations faced by Vietnam, as well as the opportunities and challenges that arise from participating in these agreements Additionally, the article proposes directions for enhancing environmental legislation to facilitate Vietnam's future involvement in new-generation free trade agreements.

The main research subjects that this report is aimed at are:

- General issues about the environment and climate change in the world

- The application of international treaties on environmental protection and response to climate change

- The current situation of climate change in the world and the relationship between climate change and trade

- The application of provisions in new-generation free trade agreements on the environment and response to climate change

- Vietnam’s current environmental law on the basis of meeting the conditions and requirements of new-generation free trade agreements and international treaties on the environment

- International measures that Vietnam commits to implement in the process of international trade integration on environmental issues and climate change

This thesis examines the current environmental legislation in Vietnam, emphasizing regulations related to environmental protection found in new-generation free trade agreements and other international treaties addressing environmental and climate change commitments.

This thesis examines key issues and legal documents related to international treaties from 1980 to the present, with a specific focus on the timeframes outlined in new generation free trade agreements established from 2015 onwards.

Research Methodology

The document analysis and synthesis method is employed by the author in the research and presentation of the thesis, serving as a crucial foundation for reporting on overarching issues and providing clear concepts and conclusions This approach enables the author to deliver insightful comments and definitive conclusions regarding the analyzed problems within the thesis.

The historical analysis method is employed to investigate the origins and context of international treaties focused on environmental protection and climate change, particularly in relation to modern free trade agreements.

The comparative jurisprudence method is essential for analyzing Vietnam's environmental law, particularly in relation to the environmental regulations outlined in the new-generation free trade agreements that Vietnam is a part of This approach enables a thorough examination of how Vietnam's legal framework aligns with international standards and practices.

This thesis evaluates the strengths and weaknesses of Vietnamese environmental laws by comparing them with other regulations, offering recommendations for enhancing the legal framework Given the significant impact of climate change on the environment, these improvements are essential for Vietnam's sustainable development.

The author employs a method of analyzing written law to evaluate Vietnam's environmental regulations in relation to new-generation free trade agreements focused on environmental and climate change issues This analysis enables the research team to extract valuable insights and recommend measures for enhancing Vietnam's legal framework, facilitating the country's future participation in similar trade agreements.

Scientific significance and application value of the Thesis

5.1 Scientific significance of the Thesis:

This thesis provides a comprehensive analysis of the interplay between environmental protection and international trade, focusing on climate change and relevant international treaties that outline global commitments It examines the current dynamics of climate change and trade within the frameworks of the WTO and new-generation free trade agreements Additionally, the research evaluates Vietnam's environmental laws, identifying both strengths and weaknesses, while highlighting the opportunities and challenges the country faces in international trade integration The author offers recommendations for enhancing Vietnam's environmental regulations to align with future free trade agreements.

5.2 Application value of the Thesis:

This thesis enhances Vietnam's scientific research framework on environmental law by examining the interplay between environmental regulations and international trade As Vietnam engages in international environmental commitments and new-generation free trade agreements to foster economic growth, the study provides valuable theoretical insights into how these areas are interconnected It further analyzes and summarizes the environmental provisions within international treaties that are integrated into free trade agreements, highlighting their significance in promoting sustainable development.

The thesis advocates for Vietnam to enhance its environmental legal framework and to prepare diligently for international trade integration, while simultaneously prioritizing environmental protection and climate change mitigation for the future.

The structure of Thesis

The report has 03 main parts: Introduction, Contents and Conclusion

In which, the Content part has 03 chapters:

Chapter 1 Overview of some general issues about environmental issues and climate change in international trade

Chapter 2 Practical application of regulations on environmental protection and climate change in international trade

Chapter 3 Vietnam’s regulation on environment and climate change and opportunities for Vietnam in international trade commitments on climate change.

OVERVIEW OF SOME GENERAL ISSUES ABOUT

An overview of environmental issues and climate change

The environment has been a fundamental aspect of Earth since its formation, encompassing a wide range of meanings across various disciplines Consequently, its definition can vary significantly based on the specific field of study being considered.

According to the United Nations Development Program (UNEP) 3 , when considering natural disasters and conflicts, the definition of environment is:

“Environment is the sum total of all external factors affecting the life, development and existence of an organism.” 4

In the study of social life, the environment is defined as a combination of living conditions across various species' habitats, forming a shared ecosystem This synthetic environment allows organisms to harmonize with natural elements, facilitating their survival and growth In environmental law, the environment encompasses both natural and human-made factors that are interrelated and significantly influence human life, economy, society, and the overall existence and development of living organisms and nature.

2 Hanoi Law University (2016), Environmental Law Textbook, People’s Public Security Publishing House, 13th ed, p.9

3 United Nations Environment Programme (UNEP)

4 UNEP Annual Report 2022, https://www.unep.org/annualreport/2022/ , accessed on 19 March 2023

5 Prabhash Kumar (2022), Concept of Environment, OrangeBooks Publication, 1st edition

6 According to Clause 1, Article 3 of the Law on Environmental Protection 2020

In conclusion, the environment can be defined as a cover in which the combination of natural and social conditions affects the existence and development of organisms on Earth, including humans

1.1.1.2 Principles of environmental protection 7 a Principle of good neighborliness and international cooperation in environmental protection

The responsibility to safeguard the environment extends beyond individual nations, forming a collective duty shared by all countries globally Environmental challenges are interconnected, particularly among neighboring nations, highlighting the importance of collaboration States are accountable for protecting the environment within their borders and in adjacent countries, as well as for promptly sharing relevant information that may impact other nations due to their environmental actions This underscores the principles of sustainable development, which emphasize mutual responsibility and cooperation in addressing environmental issues.

Sustainable development, a concept introduced in the 1987 Brundtland Commission report, is defined as development that satisfies the needs of the present without jeopardizing the ability of future generations to fulfill their own needs Consequently, numerous international agreements have been established to promote sustainable development practices worldwide.

7 Hanoi Law University (2016), Environmental Law Textbox, p.11

9 Article 17, United Nations Convention on Biological Diversity (CBD) 1992

10 Article 11, Guidelines for the Exchange of Information on Chemicals in International Trade 1989

11 The 1987 report of the World Commission on Environment and Development of the United Nations, now renamed the Brundtland Commission

12 Article 15.5, United Nations Convention on Biological Diversity (CBD) 1992

The 1987 report "Our Common Future" by the World Commission on Environment and Development emphasizes three core principles: ensuring fairness between generations, promoting the sustainable use of natural resources, and integrating environmental considerations with development efforts Additionally, it advocates for the precautionary principle to guide decision-making in environmental management.

The principle of prevention is paramount in environmental protection, as it aims to minimize damage rather than relying on remedial efforts Environmental pollution has far-reaching effects that impact not just individual countries but the global environment as a whole Consequently, nations must prioritize legal provisions that emphasize prevention in their environmental policies This principle is also a key focus in international and regional negotiations concerning environmental issues, highlighting its critical importance in safeguarding our planet.

While each country has its own unique principles of environmental protection, three core principles outlined in international treaties are essential for all nations to adopt These principles must be integrated into national regulations to promote sustainable environmental development globally.

1.1.2.1 The concept of climate change

The Intergovernmental Panel on Climate Change (IPCC) defines climate change as a significant alteration in the climate system, characterized by shifts in both average weather patterns and extreme weather events, including maximum and minimum temperatures.

14 Andrew Farmer (2016), Handbook of Environmental Protection and Enforcement: Principles and Practice, Routledge Press, 1st edition

15 Judge N Singh (1986), Environmental Protection and Sustainable Development: Legal Principles and

Recommendations, Springer Public, First Printing edition

16 Max Valverde Soto (1996), General Principles of International Environmental Law, ILSA Journal of Int'l &

According to the United Nations Framework Convention on Climate Change (UNFCCC), climate change refers to alterations in the climate caused by human activities that modify the global atmosphere's composition, alongside the natural climate variability observed over similar time frames.

The primary drivers of climate change on Earth are the increase in activities that generate greenhouse gas emissions and the overexploitation of natural sinks, including forests, minerals, and various ecosystems Key contributors to this issue include electricity generation, manufacturing processes, transportation, and deforestation.

Climate change is expected to increase the Earth's average temperature, leading to severe consequences such as droughts, forest fires, and the depletion of clean water resources Additionally, the melting of ice sheets will raise sea levels, resulting in flooding These changes negatively affect water supplies in continental interiors, threaten the survival of terrestrial and marine organisms, and diminish Earth's biodiversity.

1.1.2.2 General situation of climate change in the world

The IPCC's 2018 Special Report highlights the impacts of global warming of 1.5°C above pre-industrial levels, emphasizing the urgent need for effective greenhouse gas emission pathways This report aims to strengthen the global response to climate change while promoting sustainable development and poverty eradication efforts.

18 Article 1.2 of United Nations Framework Convention on Climate Change

19 Causes of climate change, EU Commission, https://climate.ec.europa.eu/climate-change/causes-climate- change_en , accessed on 22 March 2023

20 Consequences of climate change, EU Commission, https://climate.ec.europa.eu/climate-change/consequences- climate- change_en#:~:text=With%20a%20global%20average%20temperature,regionsEN%E2%80%A2%E2%80%A2% E2%80%A2, accessed on 22 March 2023

21 Consequences of climate change, EU Commission, ibid

Climate change is driven by daily environmental activities and industrial production, impacting global temperatures Despite numerous international treaties and agreements aimed at mitigating climate change, recent IPCC reports highlight the escalating severity of its effects.

The year 2022 witnessed unprecedented damage from extreme weather events linked to climate change, with global warming intensifying beyond historical records Notably, record heat waves affected numerous countries across Europe, America, and Asia According to the European Union's climate change agency, Copernicus, 2022 was the fifth hottest year on record since data collection began in the 19th century In response to the extreme heat, the Italian Ministry of Health issued a red warning for 16 cities in July.

2022 25 Meanwhile, in the United Kingdom, Heathrow Airport (London) recorded a temperature of 40.2 degrees Celsius on July 19, 2022, shattering the previous record of 38.7 degrees Celsius set in 2019 26

In addition to droughts, many countries are experiencing severe flooding, exemplified by the historic floods in Pakistan in 2022, which were caused by melting ice and rising sea levels Furthermore, climate change is contributing to an increase in the frequency of storms over the oceans.

22 J Donald Hughes (2010), “Climate change: A History of Environemental Knowledge”, Capitalism, Nature,

23 IPCC (2022), Climate Change 2022: Impacts, Adaption and Vulnerability, Summary for Policymakers,

Technical Summary and Frequently Asked Questions, https://www.ipcc.ch/report/ar6/wg2/, accessed on 22 March 2023

24 IPCC (2023), “AR6 Synthesis Report: Climate Change 2023”, https://www.ipcc.ch/report/ar6/syr/

Overview of international treaties on environmental protection and

Countries worldwide are actively striving to mitigate the effects of climate change and enhance environmental protection, particularly in the context of international trade This global commitment dates back to the 1980s, following the establishment of international treaties aimed at safeguarding the environment and addressing climate change, coinciding with significant advancements in both technology and environmental science.

1.2.1 The Vienna Convention in 1985 and The Montreal Protocol in 1987 on protecting of the Earth’s ozone layer

28 Anh Thu (2022), “The Philippines suffered heavy damage after being swept by Typhoon Noru”, Tuoi Tre

News, https://tuoitre.vn/philippines-thiet-hai-nang-ne-sau-khi-bi-bao-noru-can-quet-20220927101518995.htm, accessed on 26 March 2023

29 Nguyen The Chinh (2020), “Effects of climate change on our country: Current situation, new problems and solutions”, Central Theoretical Council, https://hdll.vn/vi/nghien-cuu -trao-doi/anh-huong-cua-bien-doi-khi- hau-doi-voi-nuoc-ta-thuc-trang-nhung-van-de-moi-dat-ra-va-giai-phap.html , accessed on 26 March 2023

The Vienna Convention, signed in 1985 in Austria, established the first international legal framework for ozone layer protection Its primary goal is to encourage countries to collaborate in researching and addressing ozone layer issues while implementing necessary measures to mitigate threats However, the Convention's provisions remain somewhat vague, lacking specific restrictions on substances that harm the ozone layer.

The Montreal Protocol, established in 1987 following the Vienna Convention of 1985, aims to control and reduce ozone-depleting substances like chlorofluorocarbons (CFCs) and halogens It outlines specific mitigation goals and a detailed implementation timeline from 1989 to 2008 Despite lacking sanctions, the Protocol exemplifies significant international cooperation and has achieved remarkable results, making it one of the most successful international agreements for ozone layer protection to date.

1.2.2 United Nations Framework Convention on Climate Change in 1992 (UNFCCC) and the Protocols on cutting greenhouse gas emissions

- United Nations Framework Convention on Climate Change in 1992 (UNFCCC)

30 E Edward L Miles et al (2001), Environmental Regime Effectiveness: Confronting Theory with Evidence, MIT Press, p.12

31 Edith Brown Weiss (1998), Engaging Countries: Strengthening Compliance with International Environmental

32 It is specified from Article 2A to Article 2G of the 1987 Montreal Protocol

33 United Nations (2016), Success Of Montreal Protocol Protecting Ozone Layer Should Inspire Parties To Other

Environmental Agreements, https://www.un.org/press/en/2004/sgsm9471.doc.htm, accessed on 29 March 2023

The UNFCCC, established in 1992 and effective from 1994, aims to stabilize greenhouse gas concentrations to prevent dangerous human interference with the climate Recognizing that emissions from production, business, and human activities are primary contributors to global warming and climate change, the convention encourages member nations to collaboratively reduce emissions to levels seen before 1990 However, the UNFCCC's provisions are primarily oriented and lack detailed regulations and sanctions for individual member countries regarding emission reductions.

The 1997 Kyoto Protocol, which came into effect in 2005, represents a significant commitment under the UNFCCC framework It established specific emission reduction targets for participating countries, aiming for a minimum reduction of 5% below 1990 levels during the designated commitment period This agreement marked a crucial step in global efforts to combat climate change by providing clear guidelines for reducing total greenhouse gas emissions.

- The Paris Agreement to the UNFCCC in 2015

The Paris Agreement, established in 2015 as part of the UNFCCC, marks a significant milestone in global efforts to combat climate change and promote environmental protection Its main goal is to limit the increase in global average temperature to below 2°C above pre-industrial levels, fostering international collaboration to address climate challenges.

36 Emma L Tompkins (2008), “Climate Change in advancing national action on climate change”, Environmental

The Kyoto Protocol, established in 1997 under the UNFCCC, aims to limit global temperature rise to 1.5°C above pre-industrial levels To achieve this goal, greenhouse gas emissions must peak by 2025 and decrease by 43% by 2030 This legally binding framework compels nations to comply with emission reduction targets to mitigate global warming effectively.

Since 2020, countries have been submitting their national climate action plans, known as nationally determined contributions (NDCs), every five years as part of the Paris Agreement These NDCs are accompanied by reports that must adhere to the enhanced transparency framework (ETF) established by the UN, which clarifies each country's commitments to mitigate global temperature rise.

- The Glasgow Climate Pact in 2021

In November 2022, during the COP26 meeting in Egypt, a new treaty was proposed to address the environmental setbacks caused by the COVID-19 pandemic, which hindered progress on climate change targets The UN intensified its efforts to meet the objectives outlined in the 2015 Paris Agreement, marking a significant milestone by establishing targets for reducing fossil fuel consumption, particularly coal, across production, business, and daily life Additionally, developed nations pledged $100 billion annually to support developing countries in their efforts to decrease fossil fuel usage.

38 Article 2 The Paris Agreement to the UNFCCC 2015

39 IPCC (2022), “The evidence is clear: the time for action is now We can halve emissions by 2030.”, https://www.ipcc.ch/2022/04/04/ipcc-ar6-wgiii-pressrelease/, accessed on 29 March 2023

40 UNFCCC (2015), “The Paris Agreement”, https://unfccc.int/process-and-meetings/the-paris-agreement , accessed on 29 March 2023

41 Geoffrey H M Newborough (2022), “Glasgow climate pact: a step on the way towards a lower carbon dioxide world”, Civil Engineering, Volime 175 Issue 1, Feb.2022

The Glasgow Climate Pact, established during COP26, outlines key commitments made by countries to address climate change, with implementation set to begin in the 2020s For more detailed information, visit the UNFCCC website.

Chapter 1 provides an overview of relevant issues on living environment, environmental protection principles and clarifies issues related to climate change such as the concept and current status of climate change in the world At the same time, chapter 1 also provides analysis on the correlation between environmental issues and climate change Besides, with the witness of the efforts of countries around the world on environmental protection in general and against the impacts of climate change in particular, the author has listed and analyzed international treaties, commitments of countries around the world on efforts and efforts to maintain the stability of the environment and protect the environment, reduce the impacts of climate change in general from 1980s up to now cop26?gclid=Cj0KCQjwocShBhCOARIsAFVYq0jOQCHT0CUj6B2B1KAe4ayjtNNWJaZLaN5CEZGHiCwg7LOdDnMCQm8aAn6ZEALw_wcB, accessed on 31 March 2023.

PRACTICAL APPLICATION OF REGULATIONS ON

The current situation of climate change and its interaction with international

2.1.1 Impact of climate change on trade

Climate change significantly alters international trade dynamics, particularly for countries reliant on favorable weather and geographical conditions For instance, global warming and extreme weather events adversely affect agricultural output in nations dependent on farming Additionally, climate change impacts international tourism, especially in regions where tourism is closely tied to natural environments, which are threatened by erratic weather patterns, droughts, floods, and rising sea levels.

Climate change significantly impacts agriculture in Asia, which produces two-thirds of the world's agricultural output Many Asian countries rely on agricultural exports, making them vulnerable to climate-related disruptions According to the IPCC, a 1-meter rise in sea level could affect 5.3% of natural areas, 10.8% of the population, 10.2% of GDP, 10.9% of urban regions, 7.2% of agricultural land, and 28.9% of lowland areas in Asia This alarming scenario underscores the urgent need for adaptive strategies to mitigate the effects of climate change on the region's agriculture and economy.

43 Dellink, R et al (2017), “International trade consequences of climate change”, OECD Trade and Environment Working Papers, 2017/01, OECD Publishing, Paris

44 Robert Mendelsohn (2014), “The Impact of Climate Change on Agriculture in Asia”, Journal of Integrative

Vietnam faces significant challenges due to climate change, with natural disasters such as storms, floods, droughts, and seawater intrusion causing an estimated annual property damage of 1.5% of GDP over the past decade The impact has led to loss of life and numerous individuals reported missing, highlighting the urgent need for collaborative efforts to combat climate change.

Vietnam is projected to face severe impacts from climate change, particularly through saltwater intrusion in coastal regions, which will diminish agricultural land availability This salinity threat significantly affects the Red River Delta and Mekong River Delta, reducing arable land use from 3-4 times annually to just 1-1.5 times, ultimately harming agricultural export outputs In light of these challenges, Vietnam may need to restructure its economy towards sectors that require fewer resources and adapt to the ongoing climate issues.

International trade relies heavily on supply chains and the transportation and distribution of goods and services globally Extreme climate events, such as storms and floods, can disrupt the operations of seaports, airports, and overland transport routes, leading to damage in the trade industry's physical infrastructure These supply chain and transportation challenges increase the costs associated with international trade, significantly impacting developing nations Countries newly integrated into the global economy are particularly susceptible to these vulnerabilities.

48 Hoang Anh (2022), “The challenge of climate change on agricultural production”, Environment and Life

Journal, https://moitruong.net.vn/thach-thuc-cua-bien-doi-khi-hau-doi-voi-san-xuat-nong-nghiep-56266.html, accessed on 31 March 2023

Vietnam is more vulnerable to the negative impacts of climate change compared to developed countries due to its still-developing physical and technical infrastructure.

In 2022, Super Typhoon Noru struck the Philippines, resulting in over $2.4 million in agricultural damage, affecting approximately 1.469 million hectares of rice and 281,322 hectares of corn awaiting harvest The typhoon not only devastated agriculture but also disrupted transportation, suspending passenger and freight trains and closing 32 seaports in the Calabarzon, Mimaropa, and Bicol regions As one of the strongest typhoons to hit the Philippines in two decades, Noru highlights the increasing frequency of severe storms, with the country experiencing an average of 15-20 storms annually, exacerbated by extreme weather phenomena threatening coastal nations.

On February 6, 2023, Turkey experienced two powerful earthquakes measuring 7.7 and 7.6 in magnitude, impacting 10 provinces and resulting in nearly 32,000 fatalities and affecting the lives of approximately 20 million people, according to the Turkish Emergency and Disaster Response Agency (AFAD) This disaster significantly disrupted Turkey’s vital supply network, particularly the Port of Iskenderun, which plays a crucial role in the global rebar supply chain.

50 Committee on Science, Technology and Environment (2017), ibid

51 “Super Typhoon Noru aftermath in the Philippines”, The Guardian, https://www.theguardian.com/world/gallery/2022/sep/26/super-typhoon-noru-aftermath-philippines-in-pictures, accessed on 02 April 2023

52 “Typhoon Noru batters Philippines as people evacuate to safety”, International Federation of Red Cross and

Red Crescent Societies (IFRC), https://www.ifrc.org/press-release/typhoon-noru-batters-philippines-people- evacuate-safety , accessed on 02 April 2023

53 Tropical Cyclone Information – Overview, Official Gazette of the Republic of the Philippines, https://bagong.pagasa.dost.gov.ph/climate/tropical-cyclone-information , accessed on 02 April 2023

54 Tropical Cyclone Information – Overview, ibid

2.1.2 The impact of trade on climate change

The opening of international trade has significantly boosted production levels and facilitated the transfer of modern production lines from developed to developing countries, a phenomenon known as "carbon leakage." This shift not only enhances energy efficiency in goods and services production but also increases revenue, leading to higher demand for environmental quality Consequently, both countries and businesses are motivated to reduce greenhouse gas emissions, promoting a more sustainable market environment.

Promoting green trade encourages manufacturers to enhance their climate-friendly technologies, fostering competition in international markets that aids countries in adapting to climate change Environmentally friendly products not only resonate with consumers but also generate significant revenue in both domestic and export markets.

The commercial sector significantly influences climate change through various production, business, and service activities One of the primary ways this impact occurs is through the substantial release of carbon dioxide (CO2) into the atmosphere, which is a major contributor to ozone layer depletion Additionally, the transportation methods utilized for importing and exporting goods further exacerbate environmental concerns.

55 Paul Brenton, Vicky Chemutai (2021), The trade and climate change nexus – The urgency and Opportunities for Developing countries, World Bank Publication, USA

56 Xiao Chen & Alan Woodland (2012), “International trade and climate change”, International Tax and Public

The rising reliance on fossil fuels, including gasoline, oil, and coal, for transportation via road vehicles, trains, planes, and ships, significantly escalates greenhouse gas emissions Additionally, emissions from manufacturing plants further contribute to the global climate crisis, intensifying the pressure on the Earth's atmosphere.

Service activities contribute significantly to waste and emissions, particularly from travel and tourism, which adversely affect global temperatures and exacerbate climate change To address these challenges, it is essential for countries to enhance international cooperation aimed at preventing and mitigating the effects of climate change while also harnessing its potential benefits for international trade.

Commitments in free trade agreements on environmental protection and

In the past thirty years, the number of free trade agreements in the region has surged, with an increase in both commitments and participating members Since the 2010s, these agreements have evolved into comprehensive, long-term development cooperation frameworks, often referred to as new-generation free trade agreements These modern agreements require countries to address a wide range of issues, particularly focusing on international trade and environmental concerns within that context.

2.2.1 Commitment of the CPTPP on environmental protection and climate change

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is known as the first new generation free trade agreement to be implemented

57 Ludivine Tamiotti (2009), Trade and Climate Change, WTO Publications

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which took effect in 2018, includes 11 member countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam This agreement emerged after the United States' withdrawal from the Trans-Pacific Partnership Agreement (TPP) in 2017 The CPTPP promotes comprehensive development cooperation across various sectors among its members, enhancing international trade in the region It goes beyond trade and investment commitments by reinforcing regional environmental standards, acknowledging the significant relationship between trade and environmental sustainability Key features of the CPTPP highlight its multifaceted approach to fostering economic growth and environmental protection.

The commitments of member states regarding environmental protection are detailed in Chapter 20 of the Agreement, specifically Articles 20.1 to 20.22 This chapter encompasses various regulations, including the protection of the ozone layer, measures to prevent marine pollution from ships, and fishing regulations Additionally, it addresses trade impacts on the environment and establishes guidelines for environmental dispute resolution The primary objective of the CPTPP is to foster a harmonious relationship between trade and environmental policies, enhance environmental protection standards, ensure effective enforcement of environmental laws, and strengthen the capacity of Parties to tackle trade-related environmental challenges through cooperation.

59 US Congress (2022), “CPTPP: Overview and Issues for Congress”, Congreesional Research Service

60 Oliver Hailes et at (2018), “Climate change, human health and the CPTPP”, NZMJ, Vol 131 No 1471, pp.7-12

The Environment Chapter of the CPTPP aims to promote the alignment of trade and environmental policies while enhancing environmental protection through the effective enforcement of domestic laws Additionally, it seeks to strengthen the capacity of the Agreement's Parties to address trade-related environmental issues, including collaborative solutions The environmental commitments and obligations outlined in the CPTPP are categorized into five distinct groups.

The CPTPP recognizes the diverse economic, social, and environmental conditions among its Member States, allowing each country to set its own priorities and levels of environmental protection This approach ensures that policies and regulations, international commitments, and obligations in specific environmental areas are tailored to individual circumstances, fostering publicity, transparency, and effective mechanisms for consultation and dispute resolution By avoiding the imposition of uniform standards, the CPTPP strikes a balance between trade, investment, and environmental protection, accommodating the varying environmental risks associated with investment activities across member nations.

Thirdly, specific measures are tied to environmental law enforcement that the

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) explicitly outlines the environmental laws recognized by each member state These laws encompass any regulations or provisions related to the members' obligations under multilateral environmental agreements Thus, the CPTPP not only establishes commitments but also clearly defines the environmental legal framework that member countries must adhere to.

65 Article 20.4 Chapter 20 CPTPP responsibilities of members in the implementation of previous environmental commitments in international conventions 66

While climate change is not explicitly addressed in the CPTPP Agreement, Article 20.2 outlines various goals and measures that indirectly contribute to combating it These include promoting energy efficiency, developing low-cost and low-emission technologies, utilizing renewable energy sources, and enhancing sustainable transportation and urban infrastructure Additionally, the Agreement emphasizes the importance of preventing deforestation, monitoring waste, and fostering low-emission and resilient development By encouraging cooperation and the exchange of knowledge, the CPTPP underscores the responsibility of its members to establish and enforce robust environmental protection laws.

The CPTPP emphasizes the importance of environmental protection in trade, particularly through its provisions for ozone layer safeguards Member countries are required to manage the production, consumption, and trade of greenhouse gases, as well as engage in national consultations for international cooperation on trade and environmental issues, as outlined in Clause 20.5.1 While the agreement mandates measures to control substances harmful to the ozone layer, it lacks specific guidelines on addressing the impacts of climate change on trade, presenting both opportunities and challenges for member states.

The Center for Socio-Economic Information and Forecast, under the Ministry of Planning and Investment, outlines the commitments of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union-Vietnam Free Trade Agreement (EVFTA) regarding climate change For more details, visit their official website.

67 Article 20.2 Chapter 20 CPTPP rules promote commitments among members to be more liberal, but still must comply with the binding framework provisions of the agreement

In conclusion, the CPTPP demonstrates a heightened commitment among member countries to environmental protection, offering clear and concrete obligations The agreement outlines specific and comprehensive measures for cooperation, enabling members to fulfill their environmental responsibilities, particularly regarding climate change Additionally, it facilitates mutual consultations for sharing information and experiences to tackle environmental and climate-related challenges effectively.

2.2.2 Commitment of the EVFTA Agreement on environmental protection and combating climate change

The EU-Vietnam Free Trade Agreement (EVFTA) is a significant trade pact between Vietnam and the 27 EU member states, representing a new generation of free trade agreements Signed in 2019 and effective from 2020, the EVFTA, alongside the CPTPP, showcases Vietnam's highest level of commitment to international trade This agreement marks a pivotal moment in the comprehensive cooperation between Vietnam and the EU, aiming to enhance trade relations and related issues Like the CPTPP, the EVFTA seeks to foster comprehensive cooperation and development among its member countries, including a dedicated chapter on environmental protection measures, outlined in Chapter 13, titled Trade and Sustainable Development.

68 Viet Dung (2022), “EVFTA implementation: Promising beginnings”, Department of Foreign Investment, Ministry of Planning and Investment, https://ipcs.mpi.gov.vn/en/evfta-implementation-promising-beginnings/ , accessed on 03 April 2023

Chapter 13 on Trade and Sustainable Development of the EVFTA covers from Article 13.1 to Article 13.17, focusing on solving 5 main issues as follows: (i) climate change, (ii) ozone layer protection, (iii) environmental impact assessment, (iv) investment in the environment sector, and (v) environmental dispute resolution The general provisions of the EVFTA are considered to be comprehensive and complete, covering issues related to trade and the environment in the context of new economic integration, the environmental protection regulations of the EVFTA also have a high level of commitment, in order to ensure the goal of promoting cooperation and mutual assistance in trade and environmental issues

Article 13.6 of the EVFTA outlines commitments related to climate change, emphasizing the promotion of sustainable development through trade and investment The agreement mandates compliance with key UN multilateral treaties, including the UNFCCC, Kyoto Protocol, and the Paris Agreement, to foster a low-emission, climate-resilient economy While these commitments are essential, the language used suggests encouragement rather than strict enforcement Additionally, the agreement permits parties to establish their own environmental protection policies and regulations.

69 Tran Viet Dung (2020), Environmental regulations in EVFTA and CPTPP – Some recommendations to improve environmental law, Hong Duc Public, p.30

The EVFTA fosters collaboration and knowledge exchange in key areas, focusing on the development and implementation of carbon pricing mechanisms, enhancing both domestic and international carbon markets through initiatives like the Emissions Trading Program, and addressing emissions from deforestation and forest degradation Additionally, it emphasizes energy efficiency, low-emission technologies, and renewable energy solutions These efforts aim to mitigate greenhouse gas emissions and combat climate change effectively.

The EVFTA, like the CPTPP, emphasizes the transition to a low-emission economy, mandating cooperation and efforts from the parties involved However, unlike the CPTPP, it does not impose sanctions for non-compliance, focusing instead on collaborative progress towards a sustainable and resilient economic future.

Comments

Free trade agreements and WTO regulations lack clear and specific provisions regarding environmental protection and climate change response These frameworks primarily aim to guide the commitments of Member States and should be closely aligned with international treaties established by the United Nations for effective climate change action.

The significant advancement of the two mentioned free trade agreements lies in their commitment to comprehensive development across various sectors closely linked to trade, including environmental concerns These agreements represent a shift from previous trade pacts by emphasizing sustainable practices and broader developmental goals.

71 Nguyen Thu Trang (2022), “Impacts from CPTPP and EVFTA commitments on climate change to Vietnam's environmental law”, Industry and Trade Journal, Results of scientific research and application of technology,

In 2022, Nguyen Thu Trang emphasized the importance of making appropriate commitments that are closely aligned with each area of cooperation This approach enhances the roles of all parties involved, ensuring the effective implementation of the commitments outlined in the agreements.

In summary, climate change has not been explicitly addressed in free trade agreements, highlighting the need for commitments similar to those in existing international treaties predating the United Nations This lack of clarity contributes to the ongoing confusion regarding the interconnectedness of trade and climate change.

Chapter 2 focuses on analyzing the current situation and the close relationship between climate change and the environment through the two-way relationship, clearly analyze the enormous impacts that climate change has had on trade and vice versa In addition, this chapter also analyzes and makes comments on commitments in international trade agreements in general environmental protection and combating the impacts of climate change, in which prominent analysis of environmental and climate change regulations in the WTO’s general agreements, the new generation of free trade agreements in the region such as CPTPP and EVFTA.

VIETNAM’S REGULATION ON ENVIRONMENT AND

Regulations on environmental law and prenventing climate change of

3.1.1 Regulations on environmental law on response to climate change

Vietnamese Law on Environmental Protection, which was just promulgated in

The 2020 Law on Environmental Protection represents significant advancements beyond the 2014 legislation, particularly in addressing climate change and aligning with Vietnam’s global climate commitments Notably, Chapter VII of the 2020 Law outlines specific regulations aimed at effectively responding to climate change challenges.

Vietnamese law addresses climate change adaptation activities in Article 90 of the Law on Environmental Protection 2020 This article outlines key actions for adapting to climate change, which include assessing impacts, vulnerabilities, risks, losses, and damages associated with climate change in relation to socioeconomic development and climate scenarios It also emphasizes the implementation of disaster risk reduction measures, community- and ecosystem-based adaptation strategies, and responses to sea level rise and urban flooding Additionally, the law mandates the establishment of a climate change monitoring and evaluation system to ensure effective adaptation efforts.

73 Article 90 Law on Environmental Protection 2020

74 Article 90.2 Law on Environmental Protection 2020

To effectively address climate change in Vietnam, it is essential to implement specific mitigation activities These include managing the production, export, import, consumption, and disposal of substances that deplete the ozone layer and contribute to greenhouse gas emissions, in accordance with international treaties on ozone protection Additionally, it is crucial to collect, recycle, reuse, or safely dispose of ozone-depleting substances and greenhouse gases from outdated equipment Promoting the development and application of technology and equipment that utilize climate-friendly substances is also a vital step in this process.

The existing regulations on climate change response in Vietnam are broad and lack specificity regarding individual activities They primarily emphasize the need for relevant agencies to define their roles and responsibilities clearly The key focus is on establishing and executing a comprehensive system to assess and monitor the effectiveness of climate change initiatives throughout the country.

3.1.1.2 Activities to prevent, reduce, control greenhouse gas emissions and protect the ozone layer

Vietnam's commitment to ozone layer protection is underscored by its Environmental Protection Law of 2020, particularly Articles 91 and 92, which focus on mitigating gas emissions and safeguarding the ozone layer The law outlines three key activities for ozone protection: adherence to international treaties, management of production and consumption of ozone-depleting substances, and the proper disposal of such compounds Specifically, equipment that contains ozone-depleting substances or greenhouse gases must be collected, recycled, reused, or destroyed when it is no longer in use, ensuring a comprehensive approach to environmental protection.

The new provisions in Vietnam's environmental protection law mark the first inclusion of regulations on the carbon market, aligning with global trends and Vietnam's commitment to emission reduction This law emphasizes the establishment and development of a domestic carbon market as a crucial strategy for mitigating national greenhouse gas emissions, complementing previous measures for emissions inventory, measurement, and reduction outlined in the 2014 Law on Environmental Protection.

The Government's Decree 06/2022/ND-CP, issued on January 7, 2022, outlines specific regulations regarding the subjects of application and the levels of greenhouse gas emissions that must be controlled This decree aims to ensure compliance with regulations focused on mitigating greenhouse gas emissions and protecting the ozone layer.

3.1.1.3 Commitments to a transition to a low-emissions and resilient economy

Article 139 of the 2020 Law on Environmental Protection introduces the establishment of a domestic carbon market in Vietnam This regulation aims to facilitate the reduction of greenhouse gas emissions, aligning with Vietnam's commitment to environmental sustainability and climate change mitigation.

In her 2021 article, "Legalize commitments on environment and climate change response in CPTPP and EVFTA," published in the Industrial and Trade Journal, Nguyen Lam Tram Anh discusses the significance of Vietnam's commitments under the Paris Agreement on climate change She emphasizes that these commitments serve as a foundational element for both the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Vietnam Free Trade Agreement (EVFTA), while also reflecting Vietnam's broader efforts in ratifying various international environmental treaties.

The carbon market serves as an essential mechanism for lowering greenhouse gas emissions by implementing the polluter-pays principle, which assigns financial responsibility for emissions to the emitters In this system, facilities that emit greenhouse gases are accountable for the costs associated with their emissions In Vietnam, the framework of this market encompasses greenhouse gas emission quotas and carbon credits, as outlined in the relevant legislation.

Establishments that release greenhouse gases, as outlined in Clause 3, Article 91 of the 2020 Law on Environmental Protection, are assigned greenhouse gas emission quotas These entities are permitted to trade, purchase, and sell these quotas on the carbon market.

The key focus is on establishing the total greenhouse gas emission quota, measured annually and over specific periods, where one unit of quota corresponds to one ton of CO2 equivalent This process follows the guidelines outlined in Article 19 of Decree 06/2022/ND-CP, which facilitates the allocation of emission quotas to various facilities Should emitters need to exceed their quotas, or if they do not utilize their full allowance or manage to reduce emissions, they can engage in the exchange and offset of carbon credits both domestically and internationally through the domestic carbon market.

A carbon market, also known as a carbon credit market, facilitates the buying and selling of goods based on the reduction of greenhouse gas emissions or the absorption of such gases In this system, the government allocates emission quotas to businesses, and once these quotas are exhausted, companies must purchase carbon credits to continue their operations.

76 Nguyen Lam Tram Anh (2021), ibid

77 Richard Baron (2009), Sectoral Approaches and the Carbon Market, The Organization for Economic

Cooperation and Development (OECD) Head of Publication

Vietnam has significant potential in the carbon market, allowing domestic enterprises to trade carbon credits with each other or with international organizations In this system, one party compensates another for a specific reduction in greenhouse gas emissions, creating a revenue stream that supports projects aimed at further reducing these emissions With its abundant forest resources, Vietnam is well-positioned to produce and sell carbon credits However, as a country with high emission levels, it must also be mindful of carbon credit limits to adhere to international environmental commitments.

Vietnam is implementing various measures beyond carbon market strategies to meet its greenhouse gas emission reduction commitments under international treaties Key initiatives focus on major economic sectors such as agriculture and industry In agriculture, flexible seasonal adjustments and minimizing emissions from fertilizers and livestock are crucial In the industrial sector, efforts include managing solid waste generation, adopting recycling technologies, producing compost and waste-derived fuel, and utilizing methane from landfills for energy through anaerobic treatment These initiatives are reinforced by the Law on Environmental Protection 2020, highlighting Vietnam's commitment to reducing greenhouse gas emissions and fulfilling its international obligations.

79 Slobodan Perdan (2011), “Carbon trading: Current schemes and future developments”, Energy Policy, Vol 39, pp.6040-6054

Comment on the effectiveness of the process of internalizing regulations on

Addressing climate change, cutting carbon emissions, and pursuing sustainable development are crucial global objectives that require significant commitment from the international community The Law on Environmental Protection 2020 introduces several key updates compared to the 2014 version, reflecting these pressing environmental goals.

The 2020 Law on Environmental Protection in Vietnam aligns with global trends in international environmental law, reflecting the country's socio-economic context It emphasizes that environmental protection activities must be integrated with economic development and subject to review during development implementation This principle is in harmony with the commitments of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union-Vietnam Free Trade Agreement (EVFTA), which prioritize low-emission economies and ensure that trade development emphasizes environmental protection.

Promoting environmental friendliness in the investment of goods and services is essential for achieving a balance between environmental protection and economic development.

Secondly, when comparing the commitments in the CPTPP and EVFTA

Current environmental laws in our country align with international agreements, demonstrating that existing legal regulations effectively fulfill obligations for environmental protection These provisions outline measures and tools that are compatible with the requirements set forth in these agreements, addressing specific areas of environmental concern.

Chapter VII emphasizes the obligation to mitigate greenhouse gas emissions and mandates the implementation of measures to control the production, consumption, and trade of ozone-depleting substances, aligning with Article 20.5.1 of the CPTPP and Clause 2 of Article 13.6 of the EVFTA Furthermore, in accordance with the EVFTA agreement, Article 139 of the Environmental Law introduces new provisions to enhance environmental protection efforts.

2020 contribute to promoting the carbon market with an effective pricing mechanism and in line with international practices such as measures to administrative in nature to control carbon emissions

Vietnam's carbon market regulations have improved efficiency compared to previous standards; however, they still fall short of international practices The country's economic and social conditions limit its ability to fully comply with the carbon market requirements outlined in the CPTPP and EVFTA agreements A significant drawback is the lack of a clearly defined carbon pricing mechanism within the existing legal framework.

In 2021, Nguyen Lam Tram Anh emphasized that the participation of various actors must adhere to fundamental principles, which should be clearly outlined in the law itself rather than in subordinate documents.

Vietnam, as a member of CPTPP and EVFTA, is also committed to international climate agreements such as the UNFCCC, Kyoto Protocol, and the Paris Agreement, which necessitates that its carbon pricing and market mechanisms align with these obligations Furthermore, the CPTPP and EVFTA emphasize the need for waste management models that support a transition to a low-emission, resilient economy However, the new Law currently treats this transition as a policy rather than a mandatory regulation, resulting in Vietnam's environmental protection laws only partially meeting these international requirements.

An analysis of the environmental commitments in the CPTPP and EVFTA reveals that Vietnamese laws still face certain limitations compared to the requirements of new-generation FTAs However, by addressing these limitations and leveraging the advantages of these agreements, Vietnam can enhance its opportunities for deeper integration into FTAs, leading to more favorable outcomes.

3.2.3 Opportunities and challenges of Vietnam in the context of joining new generation free trade agreements

89 Nguyen Phong Nguyen, Samuel Adomako (2022), “International orientation and environmental performance in Vietnamese exporting small- and medium-sized enterprises”, Business Strategy and the Environment

Vietnam aims to establish itself as a leader in environmental sustainability and climate change response, thereby enhancing its appeal to foreign investors, particularly in the green energy sector By committing to climate action, Vietnam not only strengthens trade-environment relations but also boosts the export of goods produced through eco-friendly supply chains.

To foster the growth of the renewable and green energy sectors, it is essential to establish favorable conditions for domestic businesses and investors This initiative is crucial for aligning with new-generation free trade agreements By doing so, Vietnam can effectively attract support from organizations and countries that recognize the immense potential of its renewable energy industry.

The effective integration of environmental protection principles with economic and trade development is crucial for Vietnam This approach not only enhances the nation's capacity to address environmental challenges but also mitigates the severe impacts of climate change on its socio-economic development By prioritizing sustainable practices, Vietnam can secure vital resources to combat pressing environmental issues.

Vietnam's primary challenge in engaging with new-generation free trade agreements lies in refining its legal system to align with these agreements' requirements The country's legal framework is complex, encompassing numerous documents that address environmental issues and climate change As Vietnam enters these agreements, it must enhance its legal system to fulfill its commitments However, the socio-economic conditions in Vietnam hinder the comprehensive development of environmental and climate change regulations, making it difficult to fully meet these obligations.

Secondly, is the market competitiveness of environmentally friendly products

An increasing number of businesses are adopting environmentally friendly technologies to safeguard the environment and connect with consumers in global markets However, Vietnam's economic and social potential remains constrained, hindering its ability to compete with eco-friendly products from major international markets Furthermore, the domestic consumption of these sustainable products is limited, primarily due to the lower living standards and income levels of the population, resulting in a low market demand for environmentally friendly goods within the country.

To effectively navigate new-generation trade agreements, it is crucial for Vietnam to enhance its legal framework for environmental protection and climate change By seizing opportunities and addressing challenges, Vietnam can refine its policy and legal systems, facilitating swift access to international trade markets in future agreements.

Recommendations for Vietnam to perfect the law when joining new-

The pressing global climate crisis necessitates that nations engage actively in both multilateral and bilateral trade agreements Internalizing environmental commitments from these agreements is crucial for enhancing national legal frameworks and effectively addressing climate change To ensure successful implementation, it is essential to establish strong linkages and coordination among various sectors Additionally, relevant authorities must collaborate closely to develop a clear roadmap, adhere to timelines, and uphold the rights associated with environmental protection legislation.

To effectively combat climate change, it is crucial to establish a dedicated law that aligns with international commitments, facilitating the compliance and enforcement of climate response measures by domestic entities This legal framework should address the protection of the ozone layer and support a transition to a low-emission, fast-recovery economy, in accordance with modern environmental protection standards Vietnam must adhere to its obligations under various international agreements, including the UNFCCC, Montreal Protocol, Kyoto Protocol, and Paris Agreement, while also maintaining commitments outlined in Annex 20-A of the CPTPP Furthermore, it is essential to develop a comprehensive data information system for emissions control, which includes clear definitions for substance usage, evaluation tools, and responsibilities for data collection and reporting.

Secondly, commit and take measures to implement that commitment in free trade agreements or international treaties For example, the implementation of measures

“Nationally Appropriate Mitigation Action” (NAMA), 90 is an effective tool to help developing countries implement greenhouse gases mitigation measures in line with

In 2021, Vietnam, represented by Nguyen Lam Tram Anh, emphasized the importance of national conditions and sustainable development, highlighting the need for technical and financial support from developed countries to achieve a relative emission reduction by 2020 compared to the Business as Usual (BAU) scenario Additionally, Vietnam has made significant commitments towards reaching "Net Zero" emissions, aligning with its pledge to accelerate implementation during COP26 in 2021.

To effectively implement the Law on Environmental Protection 2020, it is essential to clarify the concept of greenhouse gases and establish specific regulations for reducing their emissions in line with national standards Focus should be placed on enhancing processes for greenhouse gas reduction, including the promotion of green and clean energy mechanisms like Nationally Appropriate Mitigation Actions (NAMAs) These international tools can incentivize stakeholders to engage in voluntary emissions reduction efforts, which may evolve into mandatory mechanisms through the introduction of tax policies, fees, emissions quotas, and requirements related to carbon labels and carbon footprints.

To enhance Vietnam's engagement in the renewable energy sector, it is crucial to establish clearer legal and policy frameworks that support enterprises in this industry This initiative will facilitate Vietnam's deeper integration into international trade agreements and bolster cooperation in environmental protection and climate change mitigation Furthermore, it will create favorable conditions for Vietnam's participation in the global market for green products and energy Specific regulations must be implemented to promote the renewable energy sector, ensuring that both domestic businesses and foreign investors recognize the potential for investment in Vietnam's burgeoning renewable energy industry.

To attract more investors, it is essential to establish clear preferential policies, particularly tax incentives Strengthening this industry will not only bolster Vietnam's domestic economy but also promote the adoption of green technology, ultimately contributing to a reduction in national greenhouse gas emissions in the future.

To establish a robust domestic carbon trading market and engage in the global carbon market, it is essential to develop and implement forest environmental indicators and a carbon dioxide index Localities with high industrial development and carbon emissions must purchase carbon credits to adhere to Vietnam's international carbon commitments Furthermore, it is crucial to enact legal provisions for a comprehensive greenhouse gas inventory, monitoring, and estimation system that meets international standards This includes defining criteria for greenhouse gas emission limits tailored to each industry, sub-sector, and production facility.

To effectively manage the carbon market in Vietnam, it is essential to create a comprehensive document that outlines the sectors and facilities responsible for greenhouse gas emissions, as mandated by the Law on Environmental Protection 2020 This document should include a detailed inventory of emissions and establish tools for carbon credit management and pricing Additionally, it is crucial to identify the relevant stakeholders and methods for data collection within the greenhouse gas inventory database The state agency will serve as the central authority for receiving and disseminating this data to ensure transparency and accountability in emission reduction efforts.

92 The United States Agency for International Development (USAID) (2017), ibid

93 The United States Agency for International Development (USAID) (2017), ibid database system but there should be a regulation that defines how a public agency receives such information from emitters

To effectively internalize environmental commitments and address climate change within the CPTPP and EVFTA frameworks, Vietnam must enhance its review of legal documents related to environmental protection This review will help identify conflicting, illegal, or overlapping provisions that hinder the effective implementation of international treaties Furthermore, promoting information transparency is essential for community oversight, allowing citizens to monitor environmental law enforcement By centralizing and simplifying the publication of environmental data—such as monitoring results and compliance inspections—Vietnam can empower the community to engage actively in environmental governance This commitment to transparency aligns with Vietnam's obligations under the CPTPP and EVFTA.

Chapter 3 of the study focuses on analyzing the current regulations on environmental protection and climate change response of Vietnam's Law on Environmental Protection in the context of Vietnam’s increasingly extensive participation in international agreements In the new generation of free trade agreements, the provisions and requirements of the above agreements not only focus on simple trade issues but also on other areas, such as the environment and applications to deal with climate change Accordingly, the study also gives opinions on the level of meeting the requirements of the agreements in the provisions of the Law on Environmental Protection of Vietnam in not only free trade agreements but also in other international conventions on environmental protection More specifically, the study presents opportunities and challenges of Vietnam in the future participating in new-generation free trade agreements and makes suggestions to contribute to improving and enhancing the role of the EU and Vietnamese environmental law in relation to the world context.

CONCLUSION

The study evaluates the advantages and disadvantages of Vietnam's environmental laws in relation to commercial agreements, particularly focusing on the new generation of free trade agreements that Vietnam is part of It highlights the opportunities and challenges faced by Vietnam in meeting the requirements of these agreements while upholding its commitments to international treaties on environmental protection and climate change response.

The study examined key theoretical aspects of environmental issues and climate change, while highlighting the importance of implementing international treaties for environmental protection It emphasized the need for effective responses to climate change amid the growing frequency of extreme weather events.

The study examined the reciprocal relationship between environmental factors and climate change, emphasizing their interconnectedness and assessing organizational commitments and regulations Vietnam is a participant in two significant free trade agreements: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union-Vietnam Free Trade Agreement (EVFTA).

This research evaluates Vietnam's current environmental laws in relation to the CPTPP and EVFTA, highlighting both the strengths and weaknesses of existing legal frameworks It identifies necessary improvements and explores the opportunities and challenges Vietnam faces in aligning with these international agreements.

The study recommends that Vietnam enhance its legal framework to strengthen the environmental legal system, aligning with international free trade agreements This improvement is essential for fulfilling commitments related to environmental protection and climate change, reinforcing Vietnam's position in the global trade market and facilitating participation in future new-generation free trade agreements.

3 Decree 06/2022/ND-CP issued on 7 January 2022 to ensure the implementation of regulations on mitigation of greenhouse gas emissions and protection of the ozone layer

4 Hanoi Law University (2016), Environmental Law Textbook, Công an nhân dân Publishing House, 13th ed

5 Committee on Science, Technology and Environment (2017), Responding to climate change in Vietnam, Youth Publishing House, Hanoi

6 The United States Agency for International Development (USAID) (2017),

Environmental issues in international trade, Hanoi

7 Tran Viet Dung (2020), Environmental regulations in EVFTA and CPTPP – Some recommendations to improve environmental law, Hong Duc Publishing

8 Nguyen Hong Thao (2005), “Trade and environmental issues when Vietnam joins WTO”, Journal of Legislative Studies, Issue 8, August 2005

Nguyen Thu Trang (2022) explores the effects of CPTPP and EVFTA commitments on climate change within the context of Vietnam's environmental law in her article published in the Journal of Industry and Trade The research highlights the implications of these trade agreements on Vietnam's environmental regulations and their potential to address climate change challenges The findings emphasize the importance of integrating international commitments into national legislation to enhance environmental protection efforts.

10 Nguyen Lam Tram Anh (2021), “Legalizing environmental commitments and responding to climate change in CPTPP and EVFTA”, Journal of Industry and

Trade, Results of scientific research and technology application, Vol.4, February

11 Nguyen Quang Huy (2020), Environmental commitments in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Opportunities and challenges for Vietnam, Mater’s Thesis, Vietnam National

12 Center for Socio-economic Information and Forecast, Ministry of Planning and Investment, “Commitment of CPTPP and EVFTA on climate change”, http://www.ncif.gov.vn/Pages/NewsDetail.aspx?newid#092

In 2022, the world witnessed unprecedented extreme weather events, highlighting the urgent need for action against climate change As nations grappled with the impacts of these phenomena, there was a significant global response aimed at addressing the escalating climate crisis The year served as a critical reminder of the importance of collective efforts to mitigate environmental challenges and adapt to changing climatic conditions.

In his 2016 article for Nhan Dan News, Do Nam Thang discusses the significance of international cooperation in environmental protection He emphasizes that collaborative efforts among nations are essential for addressing global environmental challenges effectively Thang highlights various strategies and initiatives that promote sustainable practices and the importance of shared responsibility in safeguarding the planet's ecosystems The article underscores the need for unified action to combat climate change and preserve natural resources for future generations.

In the article "Trade Development and Environmental Protection Issues in the Era of International Economic Integration," Pham Tat Thang and Nguyen Thanh Phuong (2019) explore the intricate relationship between trade growth and environmental sustainability The authors emphasize the challenges and opportunities that arise from global economic integration, highlighting the need for balanced policies that promote both economic development and environmental conservation Their analysis underscores the importance of addressing environmental issues within the framework of international trade to ensure sustainable progress For further insights, the full article can be accessed at the Environmental Industry Journal's website.

16 An Hung (2022), “Active international cooperation in the field of environment”,

Financial Review, https://tapchitaichinh.vn/chu-dong-hop-tac-quoc-te-trong- linh-vuc-moi-truong.html

In the article by Tran Anh Tai (2009) titled "Trade Liberalization Threatens Marine and Water Environment," published in Dan Tri News, the author highlights the detrimental effects of trade liberalization on marine and aquatic ecosystems The piece emphasizes how increased trade activities can lead to environmental degradation, threatening the delicate balance of marine life and water quality It calls for greater awareness and action to protect these vital resources from the adverse impacts of unregulated trade practices For more information, visit the original article at Dan Tri News.

18 Vietnam News Agency, “Italy issues red warning due to peak heat in 16 cities”,

Nhan Dan News, https://nhandan.vn/italia-ban-bo-canh-bao-do-do-nang-nong- cao-diem-tai-16-thanh-pho-post706913.html

19 Tran Phuong (2022), “Hot sun hits a record 40 degrees Celsius in England and France”, Tuoi Tre News,https://tuoitre.vn/nang-nong-cham-moc-ky-luc-40-do- c-o-anh-phap-20220719215333942.htm

20 Anh Thu (2022), “The intense heat in Spain and Portugal”, Tuoi Tre News, https://tuoitre.vn/nang-nong-du-doi-o-tay-ban-nha-bo-dao-nha-

21 Anh Thu (2022), “Flood leaves 1/3 of Pakistan under water, 1,300 people died”,

Tuoi Tre News, https://tuoitre.vn/bao-pakistan-lu-lut-gay-ra-cuoc-khung-hoang- suc-khoe-chet-nguoi-20220906144418826.htm

In 2022, the Philippines experienced significant destruction as Typhoon Noru wreaked havoc across the nation, leading to extensive damage and disruption The storm's impact was severe, prompting urgent responses to address the aftermath and support affected communities For more details on the devastation caused by Typhoon Noru, visit Tuoi Tre News.

In his 2020 article, Nguyen The Chinh discusses the significant impact of climate change on Vietnam, highlighting the current situation and emerging challenges the country faces He emphasizes the urgency of addressing these issues through effective solutions to mitigate the adverse effects of climate change The article serves as a critical resource for understanding the intersection of climate change and national policy, providing insights into strategies for sustainable development in the face of environmental challenges.

24 Truong Son (2021), “Vietnam makes efforts with the world to fight climate change”, Nhan Dan News, https://special.nhandan.vn/Vietnam_nolucchong_biendoikhihau/index.html

25 Hoang Anh (2022), “Challenges of climate change for agricultural production”,

Journal of Environment and Life, https://moitruong.net.vn/thach-thuc-cua-bien- doi-khi-hau-doi-voi-san-xuat-nong-nghiep-56266.html

26 Viet Dung (2022), “EVFTA implementation: Promised beginnings”, Foreign Investment Department, Ministry of Planning and Investment, https://ipcs.mpi.gov.vn/en/evfta-implementation-promising-beginnings/

27 “A journey of 15 years of efforts to respond to climate change in Vietnam”

(2023), Environmental Resources News, https://baotainguyenmoitruong.vn/hanh-trinh-15-nam-no-luc-ung-pho-voi-bien- doi-khi-hau-o-viet-nam-

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28 “Carbon Market: What opportunities for Vietnam?” (2023), Industrial and

Trade News, https://congthuong.vn/thi-truong-carbon-co-hoi-nao-cho-viet- nam-251058.html

In 2022, various strategies were implemented to effectively reduce greenhouse gas emissions, highlighting the importance of addressing climate change These measures aim to promote sustainable practices and enhance environmental protection For more details, visit the source at http://tnmttuyenquang.gov.vn/tin-tuc/khi-tuong-thuy-van-bien-doi-khi-hau/nhieu-bien-phap-giam-phat-thai-khi-nha-kinh.

22243.html#:~:text=Trong%20l%C4%A9nh%20v%E1%BB%B1c%20ch%E1

%BA%A5t%20th%E1%BA%A3i,ch%C3%B4n%20l%E1%BA%A5p%20ch% E1%BA%A5t%20th%E1%BA%A3i%20r%E1%BA%AFn%3B

32 United Nations Framework Convention on Climate Change 1992

33 The Kyoto Protocol to the UNFCCC 1997

34 The Paris Agreement to the UNFCCC 2015

36 United Nations Convention on Biological Diversity (CBD) 1992

37 General Agreement on Tariffs and Trade (GATT) in 1994 of WTO

38 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

39 The EU-Vietnam Free Trade Agreement (EVFTA)

40 The Marrakesh Agreement establishing the World Trade Organization (WTO) in 1994

41 Analytical Index of the GATT 1994 by WTO

42 Guidelines for the Exchange of Information on Chemicals in International Trade

43 Guidelines for the Exchange of Information on Chemicals in International Trade

44 Prabhash Kumar (2022), Concept of Environment, OrangeBooks Publication, 1st edition

45 Our Common Future (1987), Report of World Commission on Environment and

46 US Congress (2022), “CPTPP: Overview and Issues for Congress”, Congreesional Research Service

47 Andrew Farmer (2016), Handbook of Environmental Protection and Enforcement: Principles and Practice, Routledge Press, 1st edition

48 Philippe Sands, Jacqueline Peel, Adriana Fabra, Ruth MacKenzie (2018),

Principles of International Environmental Law, Cambrigde University Press, 4 th

49 E Edward L Miles et al (2001), Environmental Regime Effectiveness:

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50 Edith Brown Weiss (1998), Engaging Countries: Strengthening Compliance with International Environmental Accords, MIT Press

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52 Paul Brenton, Vicky Chemutai (2021), The trade and climate change nexus –

The urgency and Opportunities for Developing countries, World Bank Publication, USA

53 Ludivine Tamiotti (2009), Trade and Climate Change, WTO Publications

54 Richard Baron (2009), Sectoral Approaches and the Carbon Market, The Organization for Economic Cooperation and Development (OECD) Head of Publication

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