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Vietnam’s Proposed New Draft Regulations on Greenhouse Gas Emissions Reductions and Other Climate Change Adaptation Measures

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The Ministry of Natural Resources and Environment of Vietnam (“MONRE“) has recently released a new Draft Law on Environmental Protection (“Draft Law“) to replace the current 2014 Law on Environmental Protection (“Current Law“). 1 The Draft Law proposes, among other things, significant changes to current policies on climate change adaptation measures.

In addition, as part of the roadmap for implementing the Paris Agreement and following the Katowice Climate Change Conference (UNFCCC COP 24), MONRE has drafted and proposed another draft Decree containing a specific plan on the mitigation of greenhouse gas (“GHG“) emissions in Vietnam (“Draft GHG Decree“).

According to MONRE, the finalization and implementation of the Draft GHG Decree will provide an important legal basis to assist relevant Ministries in duly conducting state management of GHG mitigation. Furthermore, the approval of the proposed Draft GHG Decree would reaffirm the Government’s determination to fulfill its international commitments as well as elevate the position of Vietnamese specialized agencies in international discussions and cooperation on climate change.

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Frederick Burke is a member of Baker McKenzie’s Global Policy Committee, comprised of the Firm’s Managing Partners globally, responsible for driving the overall strategy of the Firm. He is also the Managing Partner of our Baker McKenzie offices in Vietnam, more particularly in Hanoi and Ho Chi Minh City. He has more than 30 years’ experience practicing in the areas of corporate law, real estate, international trade and is highly regarded for his work on foreign investment projects in Vietnam and China for key players in property development, trade, IT/C, and project finance, among other areas. Mr. Burke is the go-to advisor for big deals in Vietnam’s flourishing industries including: renewable energy, agribusiness, airlines, hotels, resorts and tourism and large scale infrastructure projects. He is currently the representative of the American Chamber of Commerce in Vietnam to the Prime Minister’s Advisory Council on Administrative Reform in Vietnam and he has been recognized by the Ministry of Justice of Vietnam for his “Outstanding contributions in the field of international legal cooperation”. Mr. Burke is consistently ranked as a Leading Lawyer in Corporate / M&A by leading legal publications in Vietnam (Legal 500 AP 2007-2018; Chambers and Partners AP 2012-2018; IFLR1000 2010-2018).

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Chi Lieu Dang joined Baker McKenzie's Hanoi office in 2008 and became a special counsel in July 2012. He focuses his practice on mergers and acquisitions, corporate, energy, mining and infrastructure. He also has substantial experience in commercial, insurance and telecommunications. Mr. Dang is a member of the Hanoi Bar Association.

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Thanh Hai Nguyen is a partner based in Baker McKenzie's Hanoi office. He has been serving as Chair of the Legal Committee of the American Chamber of Commerce in Hanoi (AmCham Hanoi) since April 2017, as well as an active member in the Vietnam Business Forum (VBF)'s Power & Energy Working Group and Investment & Trade Working Group. He is an admitted lawyer in Vietnam and a member of the Hanoi Bar Association.

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