dr. dang quang phuong permanent deputy chief justice supreme people’s court of vietnam
TRANSCRIPT
HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON
ENVIRONMENT IN VIETNAM
Dr. Dang Quang Phuong Permanent Deputy Chief Justice Supreme People’s Court of Vietnam
Introduction
The Government of Vietnam always cares about the protection of environment protection.
o Establishing specific institutions of environmental management:o - Central level: Ministry of Resources and Environment
- Local level: + Department of Resources and Environment at provincial level;
+Unit Resources and Environment of district level .o Establishing environmental police - The environmental police is
special force in terms of prevention and against infringement of environment.
o Building legal framework in order to protect environment. Currently, there are 600 legal documents covering many legal aspects of environment protection and dealing with infringement of environment.
INTRODUCTION
Law on environmental protection in 2005: Reflecting the Government policy on the field of environmental protection.
Based on the Law, a person committing law on the environmental protection may be suffered from:
o Administrative sanction: Warning, pecuniary sanction, deprivation of certain licenses.
o Penal sanction: Fine money or imprisonment.o Civil responsibility: Enforce to surmount pollution, recover
environment and compensation for the damages. Civil responsibility may be applied with administrative sanction or penal sanction.
I. ADMINISTRATION SANCTION OF ACTS OF ADMINISTRATIVE VIOLATIONS
1. Administrative infringement of environmental protection:
Infringement of regulation of environment protection
management but not offender
Intention or unintention
- Individuals or
organizations
Not offender
Must suffer from administrative sanctions
Adminis-trative
Infringement of protection environment
ACTS OF ADMINISTRATIVE INFRINGEMNT OF ENVIRONMENTAL PROTECTION
1. Acts of regulation infringement of elaboration, commitment of implementation of environmental protection, environmental impact assessment reports, and additional report on the environmental impact assessment, project on the protection of environment;
2. Acts of causes of environmental pollution;3. Acts of infringement of regulation on waste management;4. Infringement of environment protection environment on the import of
machines, raw material, fuel, waste;5. Infringement of environment protection environment of tourist activities,
preservation and usage of natural resources;6. Infringement of environment protection on the prevention, overcome
pollution, depression and other problems relating to the environment protection.
ADMINISTRATION SANCTIONS Main punishment
Warning
Pecuniary penalty
Up to 500 million dong
Additional punishmentDeprivation of certificates and license s of
practices relating to the environment
Confiscation of object directly related to crimes
Other sanctionsEnforce to overcome consequences, suspense performance; publicity information on the
causes of pollution
II. PENAL RESPONSIBILITY FOR ACTS OF ENVIRONMENTAL VIOLATIONS
There are 11 articles relating to environmental crimes in the Penal Code of Vietnam:
1. Causing environmental pollution;
2. Breaching regulation on the causes of harmful waste;
3. Breaching regulation on the prevention of environmental incidents;
4. Importing waste into Vietnam;
5. Spreading damages to human being;
6. Deliberately spreading damages epidemics to animal and /or plants;
7. Destroying aquatics resources;
8. Destroying forest;
9. Breaching regulation on the protection of precious and rare wild animals that are special protection;
10.Breaching regulation on natural preservation management;
11. Importing and spreading dangerous epidemics to animals and /or plants.
ENVIRONMENTAL OFFENDERS
Individuals
Intentional and unintentional fault
Acts of harmful environment
Serious consequences or
great quality
Offenders
CASE OF VEDAN COMPANY
Pictures from some newspapers (About 5000m3 waste water/day goes to the Thi Vai River)
Waste water has transferred to the river without treatment system of Vedan
CASE OF VEDAN COMPANY
Result of settlement:
Administration sanction- Fined 267, 5 million dong- Paid fees of 127 million dong for environmental protection;- Enforced to dismount illegal treatment system of waste water,
paid for 33.187.516 USD for overcoming pollution.- No person was examined for penal liability due to the fault of
legal entity of Vedan Company.
PUNISHEMENT OF ENVIORMENTAL RELATED CRIME
Pecuniary penaltyUP to 1 billion dong
ImprisonmentUp to 12 years
Additional sanctionsPecuniary penalty
Up to 500 million dong
Ban from holding certain post, practicing certain occupations of doing certain jobsFrom 1 to 5 years
III.CIVIL RESPONSIBILITY BASED ON LAW ON ENVIRONMENTAL PROTECTION
Environment disputes
Individuals and
organizations
Individuals and
organizations
- Rights, responsibility for the protection of exploitation and usage of environmental ingredients;
- Determining the reason for pollution, environment incidents;
- Responsibility for handling and overcoming consequences due to damages for pollution, environmental incidents.
Content of disputes
Civil law
NegotiationArbitration
Courts
1. Handling, overcoming consequences,
2. Compensation due to pollution, depression and environmental incidents caused
3. Civil code of Vietnam: Subjects causes due to the environmental pollution must compensate for that damages.
CIVIL RESPONSIBILITY DUE TO THE ENVIROMENTAL VIOLATIONS