In recent years, Vietnam's rapid maritime sector growth has brought environmental challenges to the forefront of industry concerns. As seaports continue to expand their operations, implementing effective environmental compliance measures has become crucial for sustainable development and regulatory adherence.
Vietnamese seaports face numerous environmental challenges, from air and water pollution to waste management issues. The increasing vessel traffic, cargo handling operations, and port development activities all contribute to environmental pressures that require careful management and robust compliance frameworks.
2. Legal Framework for Environmental Protection
2.1 Vietnamese Environmental Protection Laws
Vietnam's environmental protection framework for seaports is governed by several key legislative instruments:
Law on Environmental Protection 2020
Vietnam Maritime Code 2015
Decrees and Circulars on maritime environmental safety management
These regulations establish mandatory requirements for environmental impact assessments, pollution prevention, and waste management protocols.
2.2 International Conventions
Vietnamese ports must also comply with international environmental standards, including:
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78): This convention aims to prevent marine pollution caused by ships through regulations on the discharge of oil, hazardous liquid substances, sewage, and ship-generated waste.
International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS 2001): This convention seeks to eliminate harmful anti-fouling systems that contain toxic substances affecting the marine environment.
United Nations Convention on the Law of the Sea (UNCLOS 1982): A fundamental international treaty on maritime law, which includes provisions on the protection and conservation of the marine environment.
3. Key Compliance Areas
3.1 Waste Management Protocols (Chapter II of Circular 41/2017/TT-BGTVT)
Effective waste management is central to environmental compliance in seaports. This includes:
Classification of different types of waste: (Hazardous waste; Domestic waste; Industrial solid waste; Wastewater from vessels)
Principles for hazardous waste collection
Preventing leakage and dispersion of waste.
Collection and transportation requirements: Collection and transportation equipment must meet technical standards and follow strict management procedures.
Reporting obligations: After waste treatment, reports and documents must be submitted to the Maritime Administration for supervision.
Waste collection and treatment process:
Vessels requiring waste disposal must declare the type, volume, and collection location to the Maritime Administration.
If hazardous waste (oil residues, wastewater, etc.) is involved, it must be reported according to Form No. 35 of Decree 58/2017/ND-CP.
Collection steps:
Arranging waste reception facilities.
Transporting and temporarily storing waste.
Processing waste according to legal regulations.
Issuing collection confirmation documents and storing information.
3.2 Air Quality Control (Articles 12, 13 of the Law on Environmental Protection)
All organizations and individuals engaging in activities that emit dust or pollutants are responsible for minimizing and treating emissions according to regulations. To ensure air quality, regular monitoring and supervision must be conducted, and results should be publicly disclosed. In case of pollution incidents, authorities must promptly notify and issue warnings to mitigate negative impacts on public health.
Air quality management is implemented through national and provincial plans, ensuring alignment with overall environmental protection strategies.
The national plan has a five-year duration.
Provincial plans are developed based on local pollution levels.
These plans include air quality assessments, identification of pollution sources, setting objectives, control measures, and implementation strategies. Such measures not only help reduce pollution but also protect public health and promote sustainable development.
3.3 Water Quality Management (Article 11 of the Law on Environmental Protection)
Protection of marine water quality involves:
Strict control, assessment, and treatment of waste discharged into the sea to protect the environment.
Identification and announcement of high-risk pollution areas.
Compliance with marine exploitation regulations to ensure sustainable development.
Close coordination between domestic and international agencies for marine environmental protection.
Adherence to relevant legal regulations in all activities.
Reference: QCVN 10:2023/BTNMT for:
Defining permissible limits for marine water quality parameters.
Assessing and controlling water quality in marine areas to protect human health, ecosystems, and other purposes.
4. Environmental Permit
4.1 Environmental Impact Assessment (Articles 30, 39, 49 of the Law on Environmental Protection)
Maritime organizations and individuals must conduct environmental impact assessments, implement pollution prevention measures, and mitigate environmental damage during operations.
Ship dismantling facilities must fully comply with environmental protection requirements before commencing operations.
4.2 Environmental Permit Application Dossier and Procedures (Article 33 of the Law on Environmental Protection 2020)
1. Environmental permit application dossier:
Written request for an environmental permit.
Report proposing the issuance of an environmental permit.
Legal and technical documents related to the port project.
2. Environmental permit application procedures:
The project owner submits the application dossier to the competent authority (pursuant to Article 41 of the Law on Environmental Protection 2020).
The licensing authority reviews the validity of the dossier, publicizes the report content (except for confidential information), consults relevant parties, conducts on-site inspections, and organizes the appraisal process.
If the project discharges wastewater into hydraulic works, the permit-issuing authority must obtain written consent from the hydraulic management agency before granting the permit.
If the project is located within an industrial zone, the permit-issuing authority must obtain written opinions from the industrial zone infrastructure investor before granting the permit.
3. Processing time for environmental permit issuance:
No more than 45 days if issued by the Ministry of Natural Resources and Environment, the Ministry of National Defense, or the Ministry of Public Security.
No more than 30 days if issued by the provincial or district People's Committee.
The processing time may be shortened depending on the scale and nature of the project.
For a comprehensive guide on Vietnam’s seaport regulations, please refer to the article: Complete Guide to Seaport Regulations – Vietnam Maritime Law.
5. Best Practices for Environmental Compliance
5.1 Environmental Monitoring Systems
Modern ports employ sophisticated monitoring systems to track environmental parameters:
Real-time air quality monitoring stations: According to the Transport Journal, deploying air quality monitoring stations enables continuous tracking of pollutant concentrations such as SO₂, NO₂, CO, and fine particulate matter (PM2.5). Collected data supports port managers in implementing timely pollution control measures.
Noise level measurement devices: As reported by Tiền Phong Newspaper, ship operations, machinery, and cargo handling processes generate significant noise, impacting human and animal health. Using noise measurement devices helps monitor sound levels and implement mitigation measures such as constructing noise barriers or adjusting operational hours.
Regular environmental inspections and assessments: According to the Ministry of Science and Technology, apart from automated monitoring systems, seaports also conduct periodic environmental inspections, including collecting water, soil, and air samples for laboratory analysis, assessing the environmental impact of port activities, and proposing improvement measures.
5.2 Green Technology Implementation
Leading ports are investing in green technologies:
Shore power systems for vessels: Providing shore power to docked ships reduces reliance on onboard generators, thereby cutting emissions and noise pollution. This system enables vessels to connect to onshore electricity sources, powering cargo operations, lighting, and cooling without using fossil fuel-based generators.
Electrically powered cargo handling equipment: Replacing diesel-powered lifting equipment with electric alternatives reduces greenhouse gas emissions and air pollution. For instance, Long An Port has transitioned 100% of its lifting equipment from diesel to electric and invested in solar energy and shore power systems to limit vessel engine use during cargo handling (Refer to Nhân Dân Newspaper: “Greening” Seaports).
Energy-efficient lighting systems: Implementing energy-saving lighting solutions, such as LED lights and smart control systems, reduces power consumption and operational costs while lowering carbon emissions.
Installation of renewable energy sources: Installing renewable energy systems such as solar panels and wind turbines at seaports provides clean energy for port operations, reducing reliance on fossil fuels and cutting greenhouse gas emissions. Nam Đình Vũ Port exemplifies this approach, with over 90% of its equipment powered by electricity and green energy instead of diesel (Refer to Financial Magazine: Accelerating Green Transition for Seaports).
5.3 Staff Training and Awareness
Successful environmental compliance requires comprehensive staff training programs covering:
Environmental regulations and requirements: Employees must be educated on legal frameworks related to environmental protection in maritime and port activities.
Emergency response procedures: Training in environmental incident response, such as oil or chemical spills, is essential for safety and damage mitigation. These training courses are typically aimed at personnel involved in oil handling, transport, and storage, as well as local oil spill response teams.
Best practices in daily operations: Employees should be guided on best practices to minimize environmental impact, including waste management, energy efficiency, and proper equipment maintenance.
Incident reporting procedures: Establishing clear environmental incident reporting protocols and training employees on how to report issues ensures timely and effective responses. This includes recognizing incidents, gathering relevant information, and notifying authorities in accordance with regulations, such as Decision No. 06/2014/QD-TTg on search and rescue coordination in maritime and port waters.
6. Future Trends and Developments
The future of environmental compliance in Vietnamese seaports will be shaped by:
Stricter environmental regulations: Vietnam is moving towards adopting green port standards to promote sustainable development. Between 2025 and 2030, national technical standards for green port criteria will be developed and issued, with mandatory implementation expected after 2030.
More advanced green technology: The adoption of green technologies, such as clean energy and energy-efficient equipment, is being encouraged in Vietnam’s maritime sector. From 2025, domestic ships will be encouraged to comply with energy efficiency and greenhouse gas emission reduction regulations, aiming for 100% of ships to use electricity or green energy by 2050.
Greater focus on sustainable development indicators: The development and application of green port criteria aim to enhance competitiveness and improve the sustainable growth capacity of Vietnamese port enterprises. These criteria include commitment and readiness, action and implementation, as well as effectiveness and efficiency.
Integration of more digital monitoring solutions: Digital transformation and the completion of database systems for resource utilization and marine and island environment monitoring are being prioritized. This includes the development and improvement of technical systems to support state management in allocating and using marine areas, as well as monitoring offshore dumping activities in a synchronized and unified manner.
Conclusion
Environmental compliance in Vietnamese seaports requires a comprehensive approach combining regulatory adherence, technological innovation, and operational best practices. By implementing robust environmental management systems and staying ahead of regulatory requirements, ports can ensure sustainable operations while maintaining their competitive edge in the maritime sector.
Note:
The content of this article is for informational purposes only and should not be considered as official legal advice.
The information provided in the article is based on the laws in effect at the time of publication and may change according to any amendments or updates to the law.
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