Vietnam: Procedures for collection and assessment of evidence for environmental damage assessment

According to current regulations, the evidence used for environmental damage assessment must be collected or estimated at the time in which the environment is polluted or degraded at the highest level from the time in which the pollution or degradation occurs or it is detected.

Procedures for collection and assessment of evidence for environmental damage assessment are specified in Article 6 of Decree No. 03/2015/NĐ-CP of Vietnam’s Government:

The procedures for collection and assessment of evidence for environmental damage assessment:

- Determine the necessary evidence to assess environmental damage and claim environmental compensation;

- Select the organization providing monitoring, assessment, measure services to collect the evidence;

- Establish the Assessment council for the collected evidence.

Moreover, the Assessment council for evidence which assesses the environmental damage has at least 30% of members who are environmental specialists; at least 30% of members who are management officials; representatives of the local governments where the evidence is collected; representatives of communities and relevant entities. The Ministry of Natural Resources and Environment shall decide the selection criteria and responsibility of the organization providing monitoring, assessment, measure services to collect evidence; guidance on establishment and operation of the Assessment council for evidence.

View full text at Decree No. 03/2015/NĐ-CP of Vietnam’s Government, effective from March 01, 2015.

Thu Ba

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