Abstract

Sea dumping in Vietnam has been a common practice for several years but has only been managed by dumping permits since the Law on Marine and Island Resources and Environment (LMIRE) came into force in 2016. However, the management of sea dumping in Vietnam faces certain limitations, despite its obligations under treaties and the need for sea dumping is likely to increase in the coming years. This article reviews the current regulations in place by utilizing a variety of primary (i.e., LMIRE and other laws) and secondary sources (e.g., official reports by the Ministries) as well as the black-letter approach to make some suggestions for Vietnam on improving the effectiveness of sea dumping management. It points out that the definition of sea dumping and the "allowing sea dumping" approach under current Vietnam's regulations are incompatible with relevant treaties. It also identifies other constraints related to the shortcoming of the regulations on planning for sea dumping sites, the absence of technical regulations for materials considered for dumping, and the complex administrative procedure for obtaining a sea dumping permit. Accessing relevant treaties and amending some ineffective regulations are solutions for Vietnam to solve these limitations.

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