Author
Mr Tam Tran
Organisation/Institution
Foreign Trade University
Country
VIETNAM
Panel
Environmental Law
Title
Anti-greenwashing laws in the EU and the US: Recommendations for Vietnam
Abstract
In the era of tightened ESG practices, greenwashing - the dissemination of misleading environmental claims - has posed a threat to the authentic sustainable development, eroding the trust of consumers and shareholders alike. In response, the European Union (EU) and the United States (US) have taken the lead by introducing comprehensive legal frameworks to address greenwashing, namely the EU Green Claims Directive and the US Federal Trade Commission’s Green Guide. By contrast, Vietnam’s regulations remain fragmented and underdeveloped, with no legislation recognising greenwashing as a distinct offence. This paper therefore aims to examine and compare the anti-greenwashing legal frameworks of the US and EU, and to propose practical recommendations for Vietnam. The main methodology used is comparative law, using qualitative legal analysis, examining statutory provisions, enforcement mechanisms, and recent policy developments. The findings highlight notable differences in enforcement approaches between the EU and the US. The EU’s ex-ante, evidence-based approach serves as a preventive mechanism, tackling greenwashing at its root by requiring proof prior to disclosure. In contrast, the US’s ex-post, case-based system promotes flexibility and accountability through targeted investigations, corrective actions, and sanctions. Despite their respective strengths, both frameworks face limitations, as EU regulations can be rigid and cost-intensive while the US approach may lag in comprehensively addressing falsified environmental claims. These insights inform a hybrid policy direction for Vietnam, including clearer legal definitions, robust verification standards, and stronger enforcement mechanisms. Such reforms would enhance transparency, consumer protection, and corporate accountability, contributing to a credible governance framework aligned with net-zero commitments. Keywords: ESG, Environmental Law, EU , US, Vietnam, Anti-greenwashing Laws.
Biography
Mr. Tam Tran is a senior lecturer at the Foreign Trade University, Ho Chi Minh City Campus. He serves as a senior legal advisor at The Lam Law Firm and an arbitrator at the Southern Trade Arbitration Center (STAC). Tam earned a Master of Laws from La Trobe University through a full scholarship from the Australian government (Australia Awards). He was also a research scholar at the Max Planck Institute for Comparative and International Private Law in Germany (February 2020 - April 2020). Additionally, he was selected for the Global Scholars Program (IGLP Scholars Workshop) organized by the Institute for Global Law and Policy at Harvard Law School (2019). Tam’s research interests include the CISG, sales law, contract law, and arbitration.
