What are methods for determining the degree of damage to each environmental component, ecosystem and species in Vietnam?
What are methods for determining the degree of damage to each environmental component, ecosystem and species in Vietnam? What is formula for calculating compensations for damage to each environmental component, ecosystem and species in Vietnam? What are regulations on organizations verifying damage caused by impairment of environmental functions and usefulness in Vietnam?
Please advice. Thankyou.
1. What are methods for determining the degree of damage to each environmental component, ecosystem and species in Vietnam?
In Clause 2, Article 118 of Decree 08/2022/ND-CP, methods for determining the degree of damage to each environmental component, ecosystem and species in Vietnam are as follows:
2. Methods for determining the degree of damage:
As the case may be, the competent authority and organization or individual causing environmental pollution or degradation may opt for one of the following methods for determining the costs of environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to their original state and restoration of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree:
a) The organization or individual that causes environmental pollution, ecosystem degradation and death of animals and plants specified in clause 1 Article 115 of this Decree shall carry out or hire a suitably qualified unit to carry out environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a sate which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree in accordance with environmental technical regulations or to a state which is the same as or equivalent to their original state prior to the pollution or degradation.
In this case, the organization or individual causing environmental pollution or degradation shall itself pay the costs of environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree within the prescribed time limit, shall be under supervision and have their result of implementation confirmed as prescribed by law;
b) The organization or individual that causes environmental pollution; ecosystem degradation and death of animals and plants specified in clause 1 Article 115 of this Decree fails to determine the costs of environmental remediation and restoration and conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a sate which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree, the competent authority shall do so according to the formula specified in clause 4 of this Article;
c) In case of failure to determine the costs of environmental remediation and restoration under environmental technical regulations, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree, use the result of calculation of damage to the environment or damage caused by ecosystem degradation or death of the species of animals and plants specified in clause 1 Article 115 of this Decree in the previously occurred cases with equivalent extent and nature which have been recognized by a competent authority or where the state of the environment prior to its pollution, the state of the ecosystem prior to its degradation and the status of species of animals and plants prior to their death are simulated; make a plan to calculate the costs of restoring the environment, ecosystems and species of animals and plants specified in clause 1 Article 115 of this Decree to their original or equivalent state;
d) Other methods.
Besides, in Clause 3, Article 118 of Decree 08/2022/ND-CP stipulates:
3. If the environmental remediation and restoration and cultivation of plants, conservation breeding, restoration and reintroduction of animals into their natural habitats for the species of animals specified in point c clause 1 Article 115 of this Decree are carried out using the methods specified in points b, c and d clause 2 of this Article, the organization or individual that causes pollution or degradation of the environment or ecosystem and causes death of the species of animals and plants;
2. What is formula for calculating compensations for damage to each environmental component, ecosystem and species in Vietnam?
In Clause 4, Article 118 of Decree 08/2022/ND-CP, formula for calculating compensations for damage to each environmental component, ecosystem and species in Vietnam is as follows:
4. Formula for calculating compensations for damage:
a) The total damage caused by pollution or degradation to the environment of a geographic area shall be calculated according to the following formula:
T = TN + TĐ + THST + TLBV, where:
T is the damage caused by pollution or degradation to the environment of a geographic area;
TN is the damage caused by pollution or degradation to water;
TĐ is the damage caused by pollution or degradation to soil;
THST is the damage caused by pollution or degradation to the ecosystem;
TLBV is the damage caused to the species of animals and plants specified in point c clause 1 Article 115 of this Decree;
b) The damage caused by pollution to water shall be calculated according to the following formula:
TN = S x CN, where:
TN is the damage caused by pollution or degradation to water;
S is the volume of polluted water (m3);
CN is the rated amount for treating 01 m3 of water in accordance technical regulations;
c) The damage caused by pollution to soil shall be calculated according to the following formula:
TĐ =S x CĐ, where:
TĐ is the damage caused by pollution or degradation to soil;
S is the volume or weight of polluted soil (m3 or kg);
CĐ is the rated amount for treating 01 m3 or 01 kg of soil in accordance technical regulations;
d) The damage to a forest ecosystem (terrestrial and mangrove), coral ecosystem; seagrass ecosystem shall be calculated according to the following formula:
THST = S x 3 x CHST, where:
THST is the damage caused by degradation to the ecosystem including forest ecosystem (terrestrial and mangrove), coral ecosystem; seagrass ecosystem;
S is the area of degraded forest (terrestrial and mangrove), ecosystem, coral reef and seagrass ecosystem (expressed in m2);
CSHT is the rated amount for restoring the degraded forest (terrestrial and mangrove), coral ecosystem and seagrass ecosystem;
dd) The damage caused to the species of animals and plants specified in point c clause 1 Article 115 of this Decree shall be calculated according to the following formula:
TLBV = N x CLBV, where:
TLBV is the damage to the animals and plants;
N is the number of individuals of animals and plants;
CLBV is the rated amount for plant cultivation, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants to a state which is the same as or equivalent to the original state of the species of animals specified in point c clause 1 Article 115 of this Decree;
e) The rated amount for treating a unit of volume of water, volume or weight of soil in accordance with environmental technical regulations, costs of forest (terrestrial and mangrove), coral ecosystem and seagrass ecosystem restoration and costs of plant cultivation, conservation breeding, restoration and reintroduction of animals into their natural habitats and plant cultivation to a state which is the same as or equivalent to the original state of the species of animals specified in point c clause 1 Article 115 of this Decree shall comply with applicable regulations;
g) If a rated amount is not available, the competent authorities shall, within their jurisdiction, introduce a rated amount for environmental remediation and restoration; ecosystem restoration; conservation breeding, restoration and reintroduction of animals and plant cultivation specified in clause 1 Article 115 of this Decree.
3. What are regulations on organizations verifying damage caused by impairment of environmental functions and usefulness in Vietnam?
Article 119 of Decree 08/2022/ND-CP stipulates on organizations verifying damage caused by impairment of environmental functions and usefulness as follows:
1. Organizations verifying damage caused by impairment of environmental functions and usefulness shall be selected as prescribed in clause 3 Article 135 of the LEP.
2. An organization verifying damage caused by impairment of environmental functions and usefulness means a subject-matter expertise service provider in the field of environment which is announced as prescribed or another organization which satisfies the following conditions:
a) Have a legal status;
b) Have professional experience suitable for the contents to be verified;
c) Have adequate officials and infrastructure for verification.
Best Regards!
