Author
Mr Vu Hong Cuong
Organisation/Institution
Hanoi Law University
Country
VIETNAM
Panel
Environmental Law
Title
Ensuring a Healthy Environment Toward Sustainable Development: An Analysis of Legislation to Implement the Constitution in Vietnam
Abstract
Over the past decade, the right to a clean, healthy, and sustainable environment has gained universal recognition, solidified by UN resolutions in 2021 and 2022. Vietnam's 2013 Constitution, by formally embedding this right (Article 43), signals a pivotal moment for the nation, integrating it into global normative currents and demonstrating its commitment to environmental stewardship. This constitutional entrenchment, however, presents Vietnam, and indeed many developing Asian nations, with a profound dual challenge: operationalizing this fundamental right for its citizens while simultaneously pursuing rapid industrialization and socio-economic progress under the paradigm of sustainable development. This complex interplay places the country at a critical juncture where constitutional aspirations meet the realities of a transitioning developmental state. This article posits that realizing the constitutional right to a healthy environment in Vietnam is not merely a matter of legal enforcement but a far more intricate exercise in balancing the three interdependent pillars of sustainable development: economic growth, social equity, and environmental protection. It argues that while Vietnamese legislation, particularly the comprehensive Law on Environmental Protection (LEP) 2020, has made significant strides, an implementation gap reveals a structural tendency to prioritize short-term economic objectives over long-term environmental integrity and social justice, a tension characteristic of many Southeast Asian economies. Employing a methodology that combines doctrinal legal analysis, comparative review against international and ASEAN regional standards, and public policy analysis, this paper critically examines Vietnam's environmental legal architecture. It identifies systemic gaps hindering the harmonization of sustainable development pillars and offers targeted recommendations to strengthen enforcement and foster genuine public participation. Ultimately, this research contributes to "Empowering Asia’s Rise" by providing insights into how Asian legal frameworks can better align developmental trajectories with constitutional environmental rights and regional integration goals for a more sustainable and just future.
Biography
VU HONG CUONG L.L.M. Vu Hong Cuong is a Lecturer in the Department of Public International Law, Faculty of International Law, Hanoi Law University (HLU). He earned his L.L.M degree in International Law from Hanoi Law University in 2017. Leveraging his solid professional expertise and long-standing affiliation with legal education at HLU, he currently stands as an active scholar engaged in international law research and teaching. His academic specialization is anchored in Public International Law, with a significant focus on pressing legal issues at the intersection of International Environmental Law, Climate Change, and the Law of the Sea. His scholarly and professional activities demonstrate a deep commitment to addressing the contemporary legal and policy challenges of Vietnam. He has actively provided expert policy consultation to the National Assembly of Vietnam for several critical legislative projects, including the draft Law on Mobile Police, the Law on Radio Frequency (Amended), and the Law on Telecommunications (Amended). L.L.M. Cuong’s research output is underscored by impactful contributions to reputable scientific forums. Notably, he is a co-author of an international article on operating carbon markets to drive sustainable development, which was published in the Carbon & Climate Law Review. Furthermore, he has contributed research on the Law of the Sea and socio-human rights issues at major international conferences, including the Asian Law Institute (ASLI) Annual Conference. His research is characterized by a rigorous, practice-oriented, and interdisciplinary approach, affirming his proactive role in advancing international law scholarship and policy application within the region.
