ESG Litigation Guide
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Vietnam

Environmental

Environmental law

In force

Businesses generally in Vietnam

The Environmental Protection Law sets out requirements on climate change adaptation and mitigation, and environmental protection.

It also sets out requirements for companies operating in specific high-risk sectors to prepare environmental impact assessments and report periodically to the to the Ministry of Natural Resources and Environment.

A replacement Environmental Protection Law was passed in 2020 which will, in particular, align relevant provisions more closely with the Paris Agreement taking into account national policies set out above, and is to come into effect as of January 2022.

Environmental

Environmental decree

Planned

Producers/importers/local government

The Vietnamese Government has released a draft decree mandating that producers and importers of products do one of the following:

  • Recycle or arrange for the recycling of products according to the mandatory recycling rate and specifications
  • Make a financial contribution to the Vietnam Environmental Fund

The following categories are affected:

  • Electronics
  • Batteries
  • Oils and greases
  • Inner Tubes and tires
  • Vehicles, Motorbikes and Heavy Equipment.
Social

Social law

In force

Employers and employees generally in Vietnam

The Labour Code contains generally applicable provisions of employment law in Vietnam, which include principles of non-discrimination, as well as protection of vulnerable persons, and restrictions on employing minors.

Governance

Financial and non-financial reporting

In force

Public companies in Vietnam

Circular 96/2020 requires public companies to provide annual ESG disclosures in a statutory form. The requirements are brief relative to the EU Non-Financial Reporting Directive.

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