Balancing Environmental Transparency and Business Confidentiality in Environmental Information Disclosure under Vietnamese Law

The disclosure of environmental information by enterprises has become a fundamental requirement for ensuring environmental accountability, promoting sustainable development, and protecting public interests. However, this obligation often raises significant challenges when it conflicts with the protection of business confidentiality, especially concerning trade secrets and proprietary technologies. In Vietnam, while the legal framework mandates environmental transparency through the Law on Environmental Protection 2020 and related regulations, it lacks detailed mechanisms to balance this obligation with the legitimate need to safeguard confidential business information. This article examines the conceptual foundations of environmental information and business confidentiality, analyzes the current Vietnamese legal framework, and identifies key gaps in harmonizing transparency and confidentiality requirements. Drawing on international practices, such as the OECD Guidelines, the Aarhus Convention, and U.S. EPA regulations, the paper highlights lessons for Vietnam in designing an effective legal mechanism. Finally, the article proposes specific legal reforms to protect both environmental rights and corporate interests, ensuring that environmental transparency does not undermine the legitimate protection of trade secrets. This balance is crucial for enhancing regulatory compliance, fostering corporate accountability, and promoting sustainable business development in Vietnam’s integration into the global economy.