Responsibility to assess, and claim compensation for environmental damage

0
272
claim compensation for damage

On January 06, 2015, the Government issued the Decree No. 03/2015/ND-CP providing the assessment of environmental damage and replaces the Government’s Decree No. 113/2010/ND-CP of December 3, 2010, providing the assessment of environmental damage and takes effect on March 01, 2015.

Accordingly, organizations or individuals that pollute or degrade the environment shall be identified on the principles such as environmental pollution or degradation in a natural geographical area is caused by sources of waste or acts of infringement inside such area or outside such area which, however, have adverse impacts on such area; there is a scientific ground evidencing the existence of the relationship between pollutants possibly stemming from sources of waste or acts of infringement and the decline of environmental functions or utilities; organizations or individuals that pollute or degrade the environment shall be identified in a timely and fair manner.

Organizations or individuals that pollute or degrade the environment shall compensate for the environmental damage caused by such pollution or degradation and pay all expenses for assessing the damage and carrying out procedures for claiming compensation to the agencies that have paid these expenses in advance. In case two or more organizations or individuals have polluted or degraded the environment, the liability of each organization or individual to compensate for environmental damage and pay expenses for assessing damage and carrying out procedures for claiming compensation shall be divided in proportion to the percentage of the damage it/he/she has caused.

The computation of environmental damage shall be based on expenses for remedying environmental pollution or degradation and rehabilitating the environment in polluted or degraded areas up to technical regulations on water or soil environment quality; expenses for restoring ecosystems and species prioritized for protection to a state equal or equivalent to their original state.

Source: http://luatvietnam.vn/