Dr. Dang Quang Phuong Permanent Deputy Chief Justice Supreme People’s Court of Vietnam.

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

Pictures from some newspapers of consequences of pollution of water

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

- THANK YOU VERY MUCH FOR

YOUR ATTENTION