Currently, environmental pollution is an alarming problem in society. Many companies and businesses discharge waste into the environment without any treatment;… Behaviors like these cause great impacts on the environment, causing climate change. This behavior needs to be dealt with appropriately. So what is the penalty for the act of causing environmental pollution? Then, let’s find out with Lawyer X about the issue of how to be penalized for causing environmental pollution?
Legal grounds
Law on Handling of Administrative Violations 2012
Law on Environmental Protection 2014
Pollution of the environment is penalized?
Conditions that need to be met for environmental protection for production and business establishments
– Collect and treat wastewater up to environmental technical regulations;
– Collect, classify, store, treat and dispose of solid waste according to the provisions of law;
– Minimizing, collecting, and creating dust and gas emissions by law; ensure not to leak or spread harmful gases into the environment; limiting noise, vibration, light, and heat generation, causing adverse effects on the surrounding environment and workers;
– Ensuring resources and equipment to meet the ability to prevent and respond to environmental incidents;
– Develop and implement environmental protection plans.
Forms of sanction and remedial measures for administrative violations in the field of environmental protection
Personal, Organizations that commit administrative violations in the field of environmental protection shall be subject to one of the following main sanctioning forms:
a) Warning;
b) The maximum fine for one act of administrative violation in the field of environmental protection is 1,000,000,000 VND for individuals and 2,000,000,000 VND for organizations.
In addition to the sanctioning forms specified in Clause 1 and Clause 2 of this Article; Individuals and organizations that commit administrative violations in the field of environmental protection may also be subject to one or more of the following remedial measures:
a) Forcible restoration of the original environmental condition that has been changed due to administrative violations, forcibly replant, care for and protect the destroyed conservation area; restore the original habitat for biological species; recover genetic resources from illegal access to genetic resources;
c) Forcible implementation of measures to remedy environmental pollution and environmental protection measures; so according to the provisions of the law on environmental protection and biodiversity;
l) Forcible construction and installation of environmental treatment works according to regulations; so, forcing the correct operation of environmental treatment works according to regulations;
So, Law-breaking acts of production facilities; the business may prosecute for criminal liability; if the owner of this establishment has previously been sanctioned for an administrative violation of causing environmental pollution.
Related article:
Regulations on environmental protection plan in Vietnam
General provisions on compensation for damage caused by environmental pollution
Principles of determining responsibility for compensation for environmental damage
Damage due to pollution, environmental degradation
a) Decreasing the functionality and usefulness of the environment;
b) Damage to human life, health, and property; and legitimate interests of organizations and individuals; as a result of the decline in functionality and usefulness of the environment.
The identification of organizations and individuals causing environmental damage; must ensure timeliness, objectivity, and fairness. Organizations and individuals causing damage to the environment; must compensate for all damage caused by them; at the same time must pay the entire cost of damage determination, and carry out the procedures for claiming compensation as prescribed.
In case there are 02 or more organizations and individuals causing environmental damage; so the compensation for damage prescribed as follows:
a) Responsibility for compensation for environmental damage of each subject; determined by the type of pollutant, emissions, and other factors;
b) Responsibility to compensate for environmental damage; pay the cost of determining damage and carrying out the procedures for claiming compensation for damage; for each object, we can determine in proportion to the damage-causing ratio in the total environmental damage; the case of related parties or state management agencies in charge of the environment; undetermined rate of liability; the arbitral body or the Court shall decide according to its competence.
So, organizations and individuals that fully comply with the provisions of the law on environmental protection, have a satisfactory waste treatment system and can prove that they do not cause damage to the environment that not required to pay compensation. about the environment; not bear the costs; relating to the determination of damages and the execution of the damages claim procedure.
Frequently asked questions
So, The deterioration of the function and usefulness of the environment includes the following levels:
+ There is a decline.
+ Severe decline;
+ The decline is particularly severe.
Have you! If you see it and do not report it, you will be charged with the crime of concealing the crime and will be punished according to the provisions of the law.
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