What are regulations on data and evidence used to assess damage caused by environmental pollution and degradation in Vietnam?

1. What are regulations on data and evidence used to assess damage caused by environmental pollution and degradation in Vietnam?

In Article 116 of Decree 08/2022/ND-CP, data and evidence used to assess damage caused by environmental pollution and degradation are as follows:

1. Data and evidence to be collected to identify an organization or individual that causes environmental pollution or degradation include:

a) Agents that cause an environmental emergency or directly harm the environment or area of environmental pollution or degradation;

b) Basic information about the organization or individual in relation to the area of environmental pollution or degradation, including type of operation; products, capacity or input materials; manufacturing process; waste stream; location and method of waste discharge; waste treatment measures; monitoring and analysis of environmental parameters;

c) Other related data and evidence.

2. Data and evidence to be calculated or estimated to determine the area of polluted or degraded water include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s), license(s) or document(s) issued by the competent authority prescribing the use or approval(s) for the planning for use of components of water in the polluted or degraded area;

c) Results of monitoring; investigation; auditing; inspection by the competent authority in relation to water in the polluted or degraded area;

d) Area of water surface and volume of polluted water;

dd) Pollutants and content of pollutants in water;

e) Other related data and evidence.

3. Data and evidence to be calculated or estimated to determine the area of polluted or degraded soil include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s), license(s) or document(s) issued by the competent authority prescribing the use or approval(s) for the planning for use of components of soil in the polluted or degraded area;

c) Results of monitoring; investigation; auditing; inspection by the competent authority in relation to soil in the polluted or degraded area;

d) Information, documents, maps and data on natural and socio-economic conditions, management and use of land and natural resources in relation to soil quality and potential in the area where pollution needs to be determined;

dd) Area, volume and mass of polluted soil;

e) Pollutants and content of pollutants in soil;

g) Other related data and evidence.

4. Data and evidence to be collected or estimated to determine the area, number and components of the degraded ecosystems include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s) or document(s) issued by the competent authority prescribing level of conservation of the ecosystem;

c) Results of investigation; auditing; inspection by the competent authority in relation to the ecosystem in the polluted or degraded area;

d) Forest status map, database of forest transition from time to time (digital) (except for wood reserve, forest structure, forest area, forest growth); environmental pollution map interpreted by images or specialized software (digital map);

dd) Information on database of natural conditions, hydrometeorology, oceanography and environment (water, sediment), map of status of scale, boundary, area, structure, distribution by depth, coverage, status of coral ecosystems, seagrass ecosystems, coastal and island wetland ecosystems;

e) Information about status of discharge, points of discharge of waste into areas with coral reef, seagrass and mangrove ecosystems within the area of land on which coastal and island wetlands are available;

g) Other related data and evidence.

5. Data and evidence to be collected or estimated to determine the number and components of species of animals and plants specified in point c clause 1 Article 115 of this Decree include:

a) Document(s) issued by the competent authority prescribing list and mechanism for management of species of animals and plants;

b) Results of investigation, auditing and inspection by the competent authority in relation to species of animals and plants;

c) Area of the site impacted by environmental pollution or degradation, duration of impact and costs of species restoration kept to the minimum;

d) Other related data and evidence.

6. Data and evidence used to assess damage caused by pollution or degradation may be in the form of: images, words, data obtained observation, measurement, analysis, remote sensing, geographic information system and other forms.

7. Data and evidence used to assess damage caused by environmental pollution or degradation must be accurate, scientifically sound and practical.

2. What are methods for determining area of polluted and degraded environment in Vietnam?

In Article 117 of Decree 08/2022/ND-CP stipulating methods for determining area of polluted and degraded environment; number of deteriorated environmental components, types of damaged ecosystems, dead species of animals and plants as follows:

1. Methods for determining area of polluted surface water and water:

a) Carrying out investigations, surveys and determination of natural conditions and environment of the area where pollution occurs;

b) Using suitable hydrodynamic and environmental models to predict and determine the extent of pollution;

c) Carrying out field surveys according to the models to determine the extent, area, and volume of pollution.

2. Methods for determining area of polluted soil:

a) Carrying out field investigations and surveys according to the current land use map equivalent to levels;

b) Collecting and analyzing soil samples according to regulations of law to determine pollution points; area, weight and volume of polluted soil determined through the demarcation of contaminated land on the current land use map equivalent to levels.

3. Methods for determining area, number and components of degraded forest ecosystem (terrestrial and mangrove):

a) Overlaying the forest status map with the pollution map to determine area of the forest affected by pollution;

b) Carrying out field investigations into forest status plots after pollution to determine the number, volume and components of the damaged forests;

c) In the absence of a forest status map or forest transition map, using an equivalent forest ecosystem database.

4. Methods for determining scale, area and number of coral and seagrass ecosystems:

a) Carrying out field surveys, collecting information, calculating area and coverage of damaged coral reefs and seagrass;

b) In the absence of a map or data on status of coral reefs and seagrass, using equivalent ecosystem databases.

5. Methods for assessing damage to the number and composition of species of animals and plants specified in point c clause 1 Article 115 of this Decree:

a) Carrying out field investigations and collecting filed information in the polluted and degraded environment about the number of individuals and composition of species of animals and plants

b) Carrying out collection, analysis and calculations by adopting actual measurement methods, using models and technical measures to assess the change in species composition, number of individuals of species of animal and plants before and after the pollution.

3. What are rules for determining the degree of damage to each environmental component, ecosystem and species in Vietnam?

In Clause 1, Article 118 of Decree 08/2022/ND-CP stipulating rules for determining the degree of damage to each environmental component, ecosystem and species as follows:

1. Rules for determining the degree of damage:

a) The degree of damage to environmental component, ecosystem and species of animal and plant specified in Article 115 of this Decree shall be determined according to the costs of environment and ecosystem 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 the animals and plants specified in points b and c clause 1 Article 115 of this Decree prior to the pollution or degradation;

b) Damage to the environment of a geographic area equals the total of damage to environmental components of such geographic area.

Best Regards!