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Law on environmental protection 2014 (chapter XVIII - end)
This Law provides statutory provisions on environmental protection activities; measures and resources used for the purpose of environmental protection; rights, powers, duties and obligations of regulatory bodies, agencies, organizations, households and individuals who are tasked with the environmental protection task.

Chapter XVIII

INVESTIGATING, INSPECTING AND HANDLING VIOLATIONS, SETTLING ENVIRONMENTAL DISPUTES, CLAIMS AND ACCUSATIONS

Article 159. Responsibilities for organizing and directing the investigation and inspection of environmental protection tasks

1. The Minister of Natural Resources and Environment shall organize and direct the investigation and inspection of environmental protection in accordance with the law on a national scale.

2. The Minister of National Defense, Minister of Public Security shall organize and direct the investigation and inspection of environmental protection with respect to establishments, projects and works under national secrecy in defense and security.

3. Chairpersons of the Provincial People’s committees shall organize and direct the investigation and inspection of environmental protection in accordance with the law in the area.

Article 160. Actions against violations

1. Any organization and individual who violates the law on environmental protection causing pollution and degradation to the environment, causing losses to other organizations and individuals shall be responsible for remedying the consequences, restoring the environment, compensating for the damages in accordance with the regulation of this Law and relevant laws.

2. Heads of agencies, organizations, officials and public servants who misuse their titles and powers to cause troubles and harassment to organizations, individuals, be involved in cover-ups on violators of environmental protection or show lack of responsibility for environmental pollution and problem, depending on the nature and seriousness of violations, shall incur penalties according to applicable regulations of the law.

Article 161. Environmental disputes

1. Environmental disputes include:

a) Disputes concerning rights and responsibilities for environmental protection in exploitation and use of environmental components;

b) Disputes concerning determination of causes to environmental pollution, degradation and problem;

c) Disputes concerning responsibilities for handling and remedying consequences, compensating for losses caused by environmental pollution, degradation and problem.

2. Parties in dispute over environment

a) Organizations, individuals using environmental components in dispute:

b) Organizations, individuals who exploit and use environmental components and organizations, individuals who are responsible for reforming and restoring the polluted and degraded environmental area, and compensating for environmental damages.

3. Settlement of environmental disputes shall be done in accordance with the law on non-contractual civil dispute settlement and the regulation of relevant law.

4. Environmental disputes that take place within the Socialist Republic of Vietnam in which either or both of the parties are foreign organization, individual shall be settled in accordance with the law by the Socialist Republic of Vietnam except otherwise as stipulated in the international treaty of which the Socialist Republic of Vietnam is a member.

Article 162. Complaints, accusations and lawsuits

1. Organizations, individuals are entitled to file a complaint and lawsuit against any breach of environmental protection in accordance with the law.

2. Individuals are entitled to report any breach of environmental protection to the authorities according to the law on claims and denunciations.

3. Time limit for filing a lawsuit over environment shall begin when the aggrieved individual’s detection of the damage caused by the breach of environmental protection regulations by other organizations, individuals.

Chapter XIX

COMPENSATIONS FOR ENVIRONMENTAL DAMAGES

Article 163. Damages caused by environmental pollution and degradation

Damages caused by environmental pollution and degradation include:

1. Deterioration in environmental function and productivity

2. Loss of human life and health, properties and legal interests of the organizations, individuals due to the deterioration.

Article 164. Principles of handling responsibilities of organizations, individuals causing environmental pollution

1. Environmental pollution and its consequences shall be studied, investigated and concluded opportunely by regulatory authorities.

2. Any act causing environmental pollution, degradation committed by organizations, individuals shall be handled opportunely according to the law.

3. Principles of handling responsibilities shall be defined as follows:

a) Head of the organization shall take responsibility for any breach of environmental protection relating to activity of his/her organization.

b) Organizations, individuals causing environmental pollution, degradation shall be responsible for remedying the consequences and compensating for the damages caused.

c) In case any individual that causes environmental pollution, degradation during the execution of the tasks assigned by his/her organization, the organization shall be responsible for compensating for damages caused according to the law.

Article 165. Determination of damages caused by environmental pollution, degradation

1. Degrees of deterioration in environmental function and productivity are as below:

a) Mild

b) Serious

c) Alarming level

2. Determination of scope, area of the environment under deterioration in function and productivity includes:

a) Scope and area of zone and core zone under critical and particularly critical deterioration;

b) Scope, area of buffer zone under direct deterioration;

c) Scope, area of other areas under the impact of core zone and buffer zone.

3. Determination of environmental components under deterioration includes:

a) Determination of number of environmental components under deterioration, categories of ecosystem similar to damaged one;

b) Degree of damage to each environmental component, ecosystem and categories.

4. Calculation of environmental damages is defined as follows:

a) Initial and lasting damages due to deterioration in function and productivity of environmental components;

b) Cost for environmental treatment, reformation and restoration;

c) Cost for minimizing or eliminating damage-causing sources

d) Making enquiries from relevant entities;

đ) Depending on specific condition, one of the measures mentioned in Points a, b, c and d of this Paragraph may be applied to calculate environmental damages, and served as a foundation for compensation and damage compensation settlement.

5. Calculation of damages due to deterioration in environmental function and productivity is done independently or with coordination of the damage causing party and affected party.

In case either or both of the parties have requests, environmental protection agencies are responsible for instructing the calculation to determine the damages or witnessing determination of damages.

6. Determination of damages to human life and health, properties and legal interests of organizations, individuals caused by environmental pollution and degradation is done in accordance with the law.

7. The Government shall detail this Article.

Article 166. Determination of damages caused by deterioration in environmental function and productivity

1. Appraisal of damages caused by deterioration in environmental function and productivity is done at the request of organizations, individuals affected or the agency involved in settling damage compensation.

2. Foundations for appraising damages include a written proposal for damage compensation, information, data, evidence and others in relation to the compensation and damage causing subject.

3. Deciding on a damage appraising organization shall be jointly agreed by both parties; in case both parties fail to come to an agreement, the decision on the damage appraising organization shall be made by the agency assigned for settling damage compensation.

Article 167. Liability insurance for environmental damages

4. The State encourages insurance businesses to undertake liability insurance for environmental damages.

2. The State encourages organizations, individuals operating in production, business and service to buy liability insurance for environmental damages.

3. Organizations, individuals operating in production, business and service who are at risk of causing significant damage to the environment must buy liability insurance for environmental damages in accordance with the law of the Government.

Chapter XX

EXECUTION PROVISIONS

Article 168. Transitional clause

1. The dossier which has been received the competent authorities in accordance with the administrative procedures on environment before the effective date of this Law shall be processed in accordance with the law at the time of receiving.

2. Every license or certificate issued under the Law on Environmental Protection No. 52/2005/QH11 shall remain valid until its expiry date.

Article 169. Effect

This law is effective from January 01, 2015.

The Law on Environmental Protection No. 52/2005/QH11 shall become invalid since the effective date of this Law.

Article 170. Detailed regulations

The Government shall detail articles, paragraphs stated in the Law.

This Law has been ratified on June 23, 2014 at the 8th National Assembly, 7th session of the Socialist Republic of Vietnam.

 

 

CHAIRMAN OF NATIONAL ASSEMBLY




Nguyen Sinh Hung

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