but also from
That development has given rise to many problems.
environment
serious. Therefore, the task of environmental protection is currently an extremely urgent issue of the times, a fierce challenge to the future development of all countries on the planet, including Vietnam. The Resolution of the 9th National Party Congress emphasized: "Harmoniously combine socio-economic development with environmental protection and improvement towards sustainable development; towards ensuring that all people live in an environment with good quality of air, land, water, landscape and other natural environmental factors meeting the minimum standards prescribed by the State"
To achieve environmental goals, like many countries in the world, Vietnam is using legal tools, also known as “Command-Control” in environmental management. This is an effective measure and often brings quick results. However, “Command-Control” has not created conditions for businesses to choose the optimal solution of complying with State regulations on environmental protection.
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Our country's economy has been deeply and effectively integrating with the world economy. Integration has brought great achievements to the country, contributing to solving social problems such as hunger eradication and poverty reduction, employment, environmental protection, strengthening national security and defense... However, besides those benefits, the international integration process also causes a lot of pressure on the environment, including the increase in environmental pollution from the outside, environmental degradation, depletion of natural resources, and disruption of ecological balance. Therefore, the people, scientists, and managers have been very concerned and worried, demanding measures to solve environmental problems, how to harmoniously combine the needs of national economic development and environmental benefits. One of the effective measures to solve the relationship between environmental protection and sustainable development is to apply CCKT in environmental protection in Vietnam.
- How many times have there been
project
h research
about
subject
lip balm
field in industrial process
flower
- porch
band
flower
aim
scent
i
development
on
beside
Vietnam's stability. Typical
la:̀ book “Economicizing the environmental sector: A
“Some theoretical and practical issues” published by the Judicial Publishing House in 2011 – The book was published within the framework of cooperation between the General Department of Environment, the Institute of Environmental Management Science and the Pollution Control Component in Poor and Densely Populated Areas - PCDA edited by Associate Professor, Dr. Pham Van Loi. The book clarifies more
concept, item
principle
and internal
content of
economicization of the field
lip
school, school
time
clarify difficulties and shortcomings in the implementation process,
from which to recommend and propose solutions to promote economic development.
environmental field; book "Some issues"
subject
environmental protection
development
on
terrible
economy in the country
"The Present" by Dr. Nguyen Van Ngung
g, Publishing House. China
national governance
family, Ha
Inside; book "Van"
environmental issues in the process
industrial
flower
, porch
band
flower
" belong to
Prof. Dr. Vu Hy Chuong, Science Publishing House
society, Hanoi; book "Chin
charger
h work
career path
g phat
on
durable
g – like
g cloud
ethics
and experience
wife
world" by Dr. Tran Ngoc
Editor-in-chief, Science Publishing House
Society, Hanoi, 2008; book
“Application of environmental economics to assess environmental changes in the period of industrialization and modernization of the Southern key economic region” by Prof. Dr. Lam Minh Triet, MSc. Nguyen Thanh Hung, MSc. Nguyen Thi Thanh My; master's thesis topic "Vietnam's environmental law in the trend of commercialization
environment" by Phan Thi Tuong Vi; article "Synchronously implementing
stage
French
bag
about environment
g in time
industry
flower
, porch
band
flower
" by Pham Khoi
Nguyen, Science Magazine
Vietnamese society, April 2006; article "Giai
decision
good
you
yes
environmental issues in lubricating
can
international economic integration
"Ten" by Dr. Doan Van Khai, Magazine
Political Theory Magazine, October 2007.
- Group of research works on each CCKT in environmental protection includes: books
"Tax
environment"
by Financial Publishing House in 2006 by Dr. Bui Duong
Nghieu (editor); Master's thesis in law "Law on environmental protection fees in Vietnam" by author Nguyen Ngoc Anh Dao; Master's thesis in law "Law on environmental protection fees for wastewater in Vietnam" by author Nguyen
Thanh Tu; article "Protection fee
environment for wastewater”
belong to
Dr. Benoit
Laplante - International Expert of the Provincial Environmental Management Project in Vietnam; article "The fee system determined by waste volume, an economic tool"
"Effective economic measures to promote 4R in Korea and opportunities for application in Vietnam" by
Author Jung Gun Young - Chief Representative of the Korean Environmental Agency (Keco) in Vietnam; article "Theoretical and practical basis of applying deposit measures in environmental management" by MSc. Nguyen Van Phuong; article "Theoretical and practical basis of applying financial sanctions in environmental management" by Dr. Vu Thu Hanh; article "Problems in using fee measures in environmental management and solutions" by Engineer Dang Duong Binh; article
The article “Problems in using the Vietnam Environmental Protection Fund in environmental management and solutions” by Nguyen Nam Phuong; the article “Theoretical and practical basis for applying eco-label/environmental label measures” by Nguyen Thi Minh Ly; the article “Using emission quotas to control environmental pollution - US experience” by MSc. Nguyen Van Cuong; the article
write “The Problem”
tax
for the environment
In Vietnam"
by Dr. Vo Dinh
Toan; the article “Environmental Tax Law – Solutions for Environmental Management and Protection” by PhD student Nguyen Quang Tuan – MSc. Le Thi Thao published in the Legislative Studies Journal in August 2008; the article “Current Law on Environmental Protection Fees for Wastewater in Vietnam” by MSc. Nguyen Ngoc Anh Dao in the Legislative Studies Journal No. 6, March 2010.
In general, the above-mentioned group of works analyzed each CCKT in environmental protection in Vietnam and the solutions of those CCKT.
- Group of research works on CCKT in environmental protection: the use of laws on CCKT in environmental protection has so far been effective as one of the useful tools in restoring environmental pollution. However, the issue of laws on the use of CCKT in environmental protection in our country is quite new, there have been a number of seminars and articles related to each CCKT in environmental protection such as:
+ The book “Environmental management using economic tools” published by Labor Publishing House in 2006 by author Tran Thanh Lam. The author focused on analyzing the overview of environmental management; using economic tools in environmental management; overviewing the global, regional and Vietnamese environment; the current status of environmental management using economic tools. Thus, this book discusses economic tools from an economic perspective.
+ Book "Economic tools in environmental management - International experience and practical application in Vietnam" published by Justice Publishing House in 2011
– The book is published within the framework of cooperation between the General Department of Environment, the Institute of Environmental Management Science and the Ministry of Environment of Japan, edited by Dr. Do Nam Thang. The book mainly discusses economic mechanisms in pollution management; economic mechanisms in biodiversity conservation, analyzing economic-environmental relationships: input and output models; costs-benefits; effectiveness of applying economic instruments. In other words, the book mainly discusses economic mechanisms in environmental management from an environmental economic perspective, but rarely from a legal perspective.
+ Topic "Research on using financial tools to protect the environment"
in the conditions of industrialization in Vietnam" by Dr. Bui Thien Son in 2000.
The topic addresses some theoretical and practical issues of using financial instruments for environmental protection; the current state of the environment and the use of financial instruments in environmental protection in our country; solutions for using financial instruments to promote environmental protection in the process of industrialization and modernization in Vietnam.
+ Topic "Current situation and solutions to improve the effectiveness of applying economic tools"
"Economics in environmental management in Hanoi" by Tran Thi Hoa. Topic
The paper focuses on analyzing the current status of applying CCKT in environmental management, specifically
in Hanoi city
and proposal
one
number of stages
French
aim
improve efficiency
Results of applying CCKT in environmental management.
+ The article “Application of economic tools in environmental management” by author Nguyen The Chinh in the Collection of Scientific Reports at the National Environmental Conference in 2005. The article presents the achievements of socio-economics and market economy that are posing challenges for environmental management in our country. In addition to administrative measures, educational and propaganda measures and community participation, economic tools are one of the appropriate action measures in the current context and ensure effectiveness. The article also analyzes the economic tools currently used in Vietnam in environmental management and affirms that the application of economic measures in environmental protection is a suitable solution for the context of the market economy, ensuring the principles of PPP and BPP.
+ The article “Economic tools in environmental management – current situation and solutions for improvement” by CN. Nguyen Hung Thinh, MSc. Duong Thanh An – Department of Environmental Protection – Ministry of Natural Resources and Environment. The article presents the legal basis for applying economic instruments in environmental management in Vietnam as well as stating the economic instruments currently being applied in environmental management in Vietnam.
+ The article “Economic tools in environmental management in Vietnam” by MSc. Duong Thanh An, PhD. Nguyen Hung Thinh, MSc. Duong Thi Thanh Xuyen – Department of Environmental Protection – Ministry of Natural Resources and Environment. The article points out the necessity of applying economic tools in environmental protection; types of economic tools that can be used
in management, environmental protection and overview of schools in Vietnam.
Application of CCKT in environmental management
+ The article “Foreign experience in using economic instruments in environmental management” by the Department of Environmental Law – Faculty of Economic Law – Hanoi Law University. The article presents the experience of the group of economically developed countries belonging to the OECD such as Canada, France, Germany, Italy… and the group
developing countries such as China, Thailand, Philippines, Malaysia,
Singapore... and the article also draws on experiences from applying CCKT in
developed countries and developing countries.
+ Article “Economic tools in environmental management” by MSc. Vu
Dinh Nam in Environmental Magazine No. 7, 2007. The article has outlined the state management of environmental protection activities. According to the author, to carry out its management role, the State has used many different types of management tools.
as planned
planning, policy, law, CCKT...In which the author
affirm the
CCKT has a number of advantages such as: promoting cost-effective measures to achieve acceptable pollution levels; stimulating the development of technology and specialized knowledge on pollution control in the private sector; providing a source of income for the Government to support pollution control programs; providing flexibility in pollution control technology for dischargers... more than other management tools. From there, the author also raised the necessity of applying CCKT in environmental protection because the use of these tools in environmental protection has brought about the desired results. The author also mentioned the types of CCKT that can be used in environmental management and protection as well as analyzed in general the application of CCKT in environmental management in Vietnam and recommendations for effective implementation of CCKT in environmental management in Vietnam.
+ The article “Environmental management using economic tools - international experience” by Tran Thanh Lam in the Journal of Social Science Information No. 6, 2009. The article affirms that Vietnam is in a period of accelerating industrialization, modernization and increasingly deep integration into the world economic life. In that context, facing many environmental challenges requires the application of many types of tools for effective environmental management and protection. Economic tools are one of the tools currently being applied in many countries around the world. The article focuses on clarifying some economic tools in environmental management, introducing international experiences through the practical application of these tools and thereby drawing some lessons for Vietnam.
+ The article “Application of economic tools in environmental management in Vietnam” by Tran Thanh Lam in the Journal of Social Science Information No. 12, 2009. The author clarifies the main developments that are detrimental to the global environment; analyzes the current status of land, water, air, marine and coastal environments, urban and industrial environments, rural areas, biodiversity and social environment in Vietnam; reviews the use of some economic tools currently applied in environmental management in Vietnam and thereby proposes solutions to promote the application of these tools in the coming time.
+ The article “Using economic and legal tools in environmental management and protection” by MSc. Le Thi Thao and MSc. Nguyen Quang Tuan in the journal Research
Legislative Research No. 194 dated May 10, 2011. Accordingly, the article affirms that management and
Environmental protection has always been identified as an important task of our Party and State in the process of industrialization and modernization of the country. To achieve the goal of
environment as
many countries in the world
world, Vietnam is implementing
many measures through economic impact and the development of legal norms. In the article, the authors discuss a number of issues related to the current status of using economic and legal instruments in environmental management, control and protection in Vietnam, from
that's the subject
output some
solutions to improve efficiency
in management,
BVMT.
+ The article “Implementing the law on the use of economic instruments in environmental protection” by MSc. Nguyen Ngoc Anh Dao in the Legislative Research Journal No. 24 (232) December 2012. The article analyzes the implementation of economic instruments in environmental protection such as: Environmental protection tax, environmental protection fee, environmental deposit, deposit - refund, environmental protection fund. The article also points out the positive impacts on economic efficiency, on the social aspect of the good use of economic instruments, ensuring the requirements of saving resources, minimizing pollution and improving the ability to recycle and reuse waste. That leads to the result that the environmental quality is increasingly improved.
Thus, the above articles have evaluated and contributed opinions to the law on the use of CCKT in environmental protection from many different perspectives. However, within the framework of a journal article, the authors cannot solve all the theoretical issues, current situations and solutions to perfect the law on the use of CCKT in environmental protection. These articles are researched and analyzed by the doctoral students to have a
more comprehensive view of the topic and development of the content of the thesis topic.
1.1.3. Some comments on the research situation
As mentioned above, domestic and foreign research articles have analyzed from many different perspectives the use of economic tools in environmental protection, mainly from the perspectives of environmental economics, finance, economics, etc.
In general, the above articles and books are, by purpose and framework,
Because of the different researches, it is not possible to comprehensively mention the law on the use of economic instruments in environmental protection. Through studying the research situation related to the research topic at home and abroad, the author would like to give the following assessment:
- From an economic perspective: the above scientific works have clarified the economic nature of CCKTs in environmental protection. This is an important basis for graduate students to evaluate the use of CCKTs in environmental protection from a legal perspective.
- From a legal perspective: the above works and articles only stop at describing and interpreting the law without raising theoretical issues on the law on the use of economic instruments in environmental protection such as: the content of the law on the use of economic instruments in environmental protection; the need to adjust the law on economic instruments in environmental protection and the basic criteria for determining the appropriateness of the law on the use of economic instruments in environmental protection... Specifically, the concept of the law on the use of economic instruments in environmental protection has not been presented; the legal experience on the use of economic instruments in environmental protection of some countries in the world and the lessons learned on the law on the use of economic instruments in environmental protection in Vietnam are like?
- There are many ways to understand CCKT in environmental protection, however, in the most general way, CCKT in environmental protection is understood as policy tools to change and impact the costs and benefits of entities (organizations, individuals) whose activities affect the environment.
- In Vietnam, using CCKT in environmental protection is still new.
These tools have only received attention since the Law on Environmental Protection in 2005.
1993. In which, the law stipulates the responsibilities of organizations and individuals contributing financially to environmental protection (Article 7) and according to the Law on Environmental Protection 2005, Chapter XI provides resources for environmental protection. The above regulations have created a legal basis for research and organization of implementation, application of CCKT in environmental protection. Although still new
But since the legal basis was established, research and application of CCKT in environmental protection in Vietnam has been actively implemented and has brought about initial positive impacts.
It can be assessed that the potential and opportunities for using CCKT in environmental protection in Vietnam are very large because:
Firstly, economic benefits have not been "awakened" by appropriate means and tools in the context of an economy transitioning to operating under a market mechanism and international integration.
Second, some important economic tools are not yet used in environmental management.
Third, economic and social management policies and mechanisms are being improved and innovated towards serving the country's sustainable development goals as well as the awareness of environmental protection of communities in society is gradually increasing.
will be improved to protect the environment.
create a favorable environment for use
using CCKT in
In Vietnam, up to now, there has not been a comprehensive and complete research project on "Laws on the use of economic instruments in environmental protection in Vietnam today".
1.2. Theoretical basis and research methods
1.2.1. Theoretical basis of research
- Some theories expected to be used
The thesis is carried out on the basis of basic principles of pulse regulation.
conflict between economic growth and environmental protection in a market economy. Those are two
Basic principles in environmental protection: The "Polluter Pays" principle (PPP) and the "Beneficiary Pays" principle (BPP). These principles represent the nature of legal relations in the environmental field (compulsory or voluntary; the role of the State, society and enterprises). In addition, the thesis is also conducted on the basis of the Party's viewpoints (Resolution 24-NQ/TW dated June 3, 2013 of the 7th Central Conference, Session XI), the National Environmental Protection Strategy related to the use of economic instruments in environmental protection in Vietnam.
The thesis is also conducted on the basis of selectively absorbing some viewpoints and experiences of other countries on the use of CCKT in environmental protection and lessons learned.