Vietnam: Rights and obligations of organizations, individuals being granted permit of discharging sewage into water sources

Vietnam: Rights and obligations of organizations, individuals being granted permit of discharging sewage into water sources
Anh Tú

According to Vietnam’s regulations, organizations, individuals discharging sewage into water sources must be licensed by competent state agencies. After being licensed, these organizations and individuals are allowed to carry out waste discharge of sewage into water sources. The law also stipulates a number of rights and obligations for these subjects.

Specifically, according to Article 38 of the Law on water resources 2012 of Vietnam, organizations, individuals being granted permit of discharging sewage into water sources have the following rights:

- To discharge sewage into water sources as prescribed in permit;

- To be protected by the State for legal rights and benefits;

- To be paid compensation by the State as prescribed by law in case the permit is revoked before its time limit because of reason for National defense and security or national benefits, public benefits.

- To have the right to request organizations, individuals, having acts causing damage to their lawful rights and benefits relating to discharge of sewage into water sources, to pay compensation as prescribed by law.

- To suggest competent state agencies to grant permit for extension, change of time limit or adjust content of permit as prescribed;

- To return permit as prescribed;

- To transfer, lease, inherit, mortgage, guarantee with asset invested in works of discharging sewage into water sources as prescribed by law;

- To complain, sue on acts violating their lawful rights and benefits relating to discharge of sewage into water sources as prescribed by law.

Besides, these organizations and individuals shall have the following obligations:

- To execute provisions of law on water resources and implement under proper content of permit;

- To implement financial obligations as prescribed by law;

- To ensure sewage processed meeting technical regulations and standards allowed during course of discharging sewage into water sources;

- Not to obstruct or cause damage to the lawful discharge of sewage into water sources of other organizations, individuals;

- To supply fully and honestly data, information on discharge of sewage into water sources when requested by competent state agencies;

- To execute measures to ensure safety, prevention and overcoming incidents polluting water sources caused by their discharge of sewage as prescribed;

- To implement observation, supervision output, quality of sewage and regime of information, report on discharge of sewage as prescribed;

- To pay compensation for organizations, individuals suffered damage caused by their unlawful discharge of sewage;

- Other obligations as prescribed by law.

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