Rules for determining liability for compensation for environmental damage in Vietnam

Rules for determining liability for compensation for environmental damage in Vietnam (Image from the Internet)

1. Damages caused by environmental pollution and degradation in Vietnam

The damages caused by environmental pollution and degradation as per Clause 1, Article 130 of the Law on Environmental Protection 2020 include:

- Reduction of the environmental functions and utilities;

- Damages to human life, health, property, and legitimate interests of organizations and individuals resulting from the reduction of environmental functions and utilities.

2. Rules for determining liability for compensation for environmental damage in Vietnam

The rules for determining liability for compensation for environmental damage in Vietnam as per Clauses 2, 3, and 4, Article 130 of the Law on Environmental Protection 2020 are as follows:

- The identification of organizations and individuals causing environmental damage must be ensured to be prompt, objective, and fair. Organizations and individuals causing environmental damage must fully compensate for the damages they cause, and bear all costs of damage assessment and procedures for damage compensation requests as prescribed.

- In cases where there are 02 or more organizations or individuals causing environmental damage, the compensation responsibilities are stipulated as follows:

+ The responsibility for environmental damage compensation for each entity is determined based on the type of pollutant, emission amount, and other factors;

+ The responsibility for environmental damage compensation, the costs of damage assessment, and procedures for damage compensation requests for each entity are determined proportionally to their contribution to the total environmental damage; in case the related parties or the state environmental management agency cannot determine the percentage of responsibility, the arbitration agency or Court will decide according to its jurisdiction.

- Organizations and individuals complying fully with environmental protection laws, having waste treatment systems meeting standards, and proving that they do not cause environmental damage are not required to compensate for environmental damage, nor are they liable for costs related to damage assessment and compensation procedures.

3. Responsibility for claiming compensation for damage and assessing environmental damage in Vietnam

Responsibility for claiming compensation for damage and assessing environmental damage in Vietnam as per Article 131 of the Law on Environmental Protection 2020 is as follows:

- People’s Committees at all levels, organizations, and individuals discovering signs of environmental pollution and degradation must notify responsible agencies for compensation requests and organize the collection and assessment of data and evidence to determine environmental damages caused by pollution and degradation as stipulated in Clause 2, Article 131 of the Law on Environmental Protection 2020.

- The responsibilities for requesting compensation and organizing the collection and assessment of data and evidence to determine environmental damages caused by pollution and degradation are specified as follows:

+ The commune-level People’s Committee is responsible for requesting compensation for environmental damage occurring within its managing area. In this case, the commune-level People’s Committee suggests the district-level People’s Committee collect and assess data and evidence to determine the environmental damage caused by pollution and degradation;

+ The district-level People’s Committee is responsible for requesting compensation and organizing the collection and assessment of data and evidence to determine environmental damage occurring in areas spanning 02 or more commune-level administrative units; collect and assess data and evidence to determine environmental damages as requested by the commune-level People’s Committee;

+ The provincial-level People’s Committee is responsible for requesting compensation and organizing the collection and assessment of data and evidence to determine environmental damages occurring in areas spanning 02 or more district-level administrative units;

+ The Ministry of Natural Resources and Environment is responsible for requesting compensation and taking the lead in collaborating with the provincial-level People’s Committee to organize the collection and assessment of data and evidence to determine environmental damages occurring in areas spanning 02 or more provincial-level administrative units.

- Organizations and individuals suffering damages to human life, health, property, and legitimate interests due to the reduction of environmental functions or utilities can independently or authorize other state agencies, organizations, or individuals to determine the damages and request environmental damage compensation based on the provisions of the Law on Environmental Protection 2020 and other related legal regulations.

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