Vietnam: Promulgating rules for calculation of environmental compensation

According to Article 13 of Decree No. 03/2015/NĐ-CP of Vietnam’s Government, the determination of organizations or individuals polluting or degrading the environment shall follow the fundamental rules below:

- A geographic area is polluted or degraded caused by pollutant sources and infringement in the area or not in that area but it cause bad effects on that area;

- There is scientific basis for the relation between the pollutants possible released from the waste sources or infringement and the impairment of the function and the usefulness of the environment;

- The determination of the organization or individual polluting or degrading the environment must be conducted promptly and equally.

Notably, according to Decree No. 03/2015/NĐ-CP, environmental compensation shall be determined as follows:

- The organizations or individuals polluting or degrading the environment must pay full compensation for environmental damage due to their fault, and pay total cost for damage assessment and procedures for claiming compensation claims to the agency which given the advance as prescribed in Clause 2 Article 9 of this Decree.

- In case there is more than one organization or individual polluting or degrading the environment, they must pay the compensation for environmental damage, pay the cost for damage assessment and procedures for claiming compensation claims filed by every organization or individual which is determined in proportion to damage rate in the total environmental damage.

- If an organization or individual complies with regulations of law on environment protection, has a waste treatment system and proves that they do not pollute or degrade the environment, they shall not pay environmental compensation and related costs for damage assessment and procedures for claiming compensation claims.

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

Thu Ba

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