Chapter IV
RESPONSE TO CLIMATE CHANGE
Article 39. General provisions on the response to climate change
1. All activities relating to the environmental protection must be harmoniously connected with the response to climate change.
2. Organizations or individuals shall be responsible to fulfill requirements for the environmental protection and response to climate change during their production, trading and service provision as stipulated in this Law and other relevant laws.
3. Ministries, quasi-ministerial organs and People’s Committees at all administrative levels shall design and develop the action plan for the environmental protection and response to climate change within their area of competence.
4. The Ministry of Natural Resources and Environment shall assist the Government in designing, implementing and providing guidelines for the responses to climate change.
Article 40. Integration of main contents of responses to climate change with the strategy, planning and proposal for socio-economic development
1. Main contents of response to climate change must be included in the strategy, planning, proposal for socio-economic development as well as planning for industrial and sectoral development, which is applicable to objects required to make a report on strategic environment assessment as prescribed in Article 13 of this Law.
2. The integration of main contents of responses to climate change into the strategy, planning and proposal for socio-economic development as well as planning for industrial and sectoral development must rely on the assessment of correlation of activities described in the strategy, planning and proposal with the environment, climate change, and a range of measures to be taken for the environmental protection and response to climate change.
Article 41. Management of greenhouse gas emissions
1. Management of greenhouse gas emissions shall be described as follows:
a) Setting the national regulations on the inventorying of greenhouse gases;
b) Taking action to reduce the harmful impact of greenhouse gases in conformity with socio-economic conditions;
c) Managing the forest resources in a sustainable manner, conserving and increasing forest carbon stock, protecting and fostering ecosystems;
d) Examining and inspecting the compliance with regulations on inventorying and reducing greenhouse gas emissions;
dd) Creating and developing carbon credit markets in the country, and participating in carbon credit markets in the globe;
e) Entering into the international cooperation in an effort to reduce greenhouse gases.
2. The Ministry of Natural Resources and Environment shall direct and cooperate with relevant Ministries and industries in carrying out the inventorying of greenhouse gases, compile a national report on the management of greenhouse gas emission which meet the rigorous standards set out in the international agreements to which the Socialist Republic of Vietnam is a signatory.
Article 42. Management of ozone-depleting substances
1. Prioritize the introduction and implementation of policies on and plans for management, mitigation and elimination of ozone-depleting substances.
2. Prohibit the production, importation, temporary importation and re-exportation as well as consumption of ozone-depleting substances in uniformity with the regulations set out in the international agreements to which the Socialist Republic of Vietnam is a signatory.
Article 43. Renewable energy development
1. Renewable energy refers to energy that comes from resources such as water, wind, sunlight, geothermal heat, tides, waves, biological fuels and other resources that can generate renewable energy.
2. Promote the production, importation and employment of renewable energy-driven machinery, equipment and means of transport.
Article 44. Eco-friendly production and consumption
1. Agencies, organizations, family households or individuals shall be responsible to manufacture and consume eco-friendly products and services.
2. The Head of state budget-funded institutions shall bear their responsibility for preferring eco-friendly products and services that have been recognized as ecolabels under legal regulations.
3. The Ministry of Natural Resources and Environment shall direct and cooperate with communications agencies in performing the advertisement and promotion activities for such eco-friendly products and services.
Article 45. Waste-to-energy process
1. Owner of manufacturing or business establishments must be responsible for reducing, reusing and recycling wastes, and generating the energy from wastes.
2. The Government shall provide preferential policies on the mitigation, reuse and recycling of wastes, and generation of the energy from wastes.
Article 46. Rights and responsibilities of the human community for the response to climate change
1. Human community shall be vested with the right to provide and request the provision of information about climate change issues, exclusive of information specified in the list of state secret information.
2. Human community shall be responsible for participating in activities relating to the response to climate change.
3. The regulatory agency in charge of climate change issues shall bear responsibility for providing information and create events to raise people's awareness of climate change as well as provide better supports to human communities to get involved in activities relating to the response to climate change.
Article 47. Development and application of technological and scientific advances for the response to climate change
1. All activities relating to the study, transfer and application of technological and scientific advances for the response to climate change shall be given priority, including:
a) Developing a single scientific discipline or a combination of scientific disciplines of the management, assessment, supervision and prediction of impacts caused by climate change on the socio-economic growth, environmental issues and community health;
b) Conduct basic and applied scientific investigation and research; develop and transfer technological advances in reducing greenhouse gases and coping with climate change; enhance the competitiveness of the economy, key manufacturing industries; promote the development of low carbon economy and green growth.
2. Agencies, organizations and manufacturing or business establishment shall be responsible for conducting or engaging in scientific and technological researches, transfer and application with the aim of responding to the climate change.
Article 48. International cooperation in the response to climate change
1. The State shall introduce policies on international cooperation in attracting more investments, financial aids, develop and transfer technologies, and enhance its competence in taking measures to respond to the climate change with the aim of building a green economy in the future.
2. The Government shall regulate the roadmap and modality for their participation in reducing global greenhouse gases in conformity with socio-economic conditions and commitments made in the international agreements to which the Socialist Republic of Vietnam is a signatory.
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