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HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON ENVIRONMENT IN VIETNAM

Dr. Dang Quang Phuong Permanent Deputy Chief Justice Supreme People’s Court of Vietnam. HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON ENVIRONMENT IN VIETNAM.

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HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON ENVIRONMENT IN VIETNAM

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  1. Dr. Dang Quang Phuong Permanent Deputy Chief Justice Supreme People’s Court of Vietnam HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON ENVIRONMENT IN VIETNAM

  2. The Government of Vietnam always cares about the protection of environment protection. • Establishing specific institutions of environmental management: • - Central level: Ministry of Resources and Environment - Local level: + Department of Resources and Environment at provincial level; +Unit Resources and Environment of district level . • Establishing environmental police - The environmental police is special force in terms of prevention and against infringement of environment. • 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

  3. 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: • Administrative sanction: Warning, pecuniary sanction, deprivation of certain licenses. • Penal sanction: Fine money or imprisonment. • Civil responsibility: Enforce to surmount pollution, recover environment and compensation for the damages. Civil responsibility may be applied with administrative sanction or penal sanction. INTRODUCTION

  4. 1. Administrative infringement of environmental protection: I. ADMINISTRATION SANCTION OF ACTS OF ADMINISTRATIVE VIOLATIONS Intention or unintention Infringement of regulation of environment protection management but not offender Adminis- trative Infringement of protection environment • Individuals or organizations Not offender Must suffer from administrative sanctions

  5. 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; Acts of causes of environmental pollution; Acts of infringement of regulation on waste management; Infringement of environment protection environment on the import of machines, raw material, fuel, waste; Infringement of environment protection environment of tourist activities, preservation and usage of natural resources; Infringement of environment protection on the prevention, overcome pollution, depression and other problems relating to the environment protection. ACTS OF ADMINISTRATIVE INFRINGEMNT OF ENVIRONMENTAL PROTECTION

  6. ADMINISTRATION SANCTIONS

  7. There are 11 articles relating to environmental crimes in the Penal Code of Vietnam: Causing environmental pollution; Breaching regulation on the causes of harmful waste; Breaching regulation on the prevention of environmental incidents; Importing waste into Vietnam; Spreading damages to human being; Deliberately spreading damages epidemics to animal and /or plants; Destroying aquatics resources; Destroying forest; Breaching regulation on the protection of precious and rare wild animals that are special protection; Breaching regulation on natural preservation management; Importing and spreading dangerous epidemics to animals and /or plants. II. PENAL RESPONSIBILITY FOR ACTS OF ENVIRONMENTAL VIOLATIONS

  8. ENVIRONMENTAL OFFENDERS Intentional and unintentional fault Individuals Acts of harmful environment Offenders Serious consequences or great quality

  9. CASE OF VEDAN COMPANY Waste water has transferred to the river without treatment system of Vedan Pictures from some newspapers (About 5000m3 waste water/day goes to the Thi Vai River)

  10. CASE OF vedan COMPANY Pictures from some newspapers of consequences of pollution of water

  11. 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. CASE OF VEDAN COMPANY

  12. PUNISHEMENT OF ENVIORMENTAL RELATED CRIME

  13. Environment disputes III.CIVIL RESPONSIBILITY BASED ON LAW ON ENVIRONMENTAL PROTECTION Content of disputes • 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. Individuals and organizations Individuals and organizations Civil law Negotiation Arbitration Courts

  14. Handling, overcoming consequences, Compensation due to pollution, depression and environmental incidents caused Civil code of Vietnam: Subjects causes due to the environmental pollution must compensate for that damages. CIVIL RESPONSIBILITY DUE TO THE ENVIROMENTAL VIOLATIONS

  15. THANK YOU VERY MUCH FOR YOUR ATTENTION

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