General provisions on compensation for damage caused by environmental pollution
The environment is one of the top concerns of the Party and the State. Because the current environmental pollution in our country is alarming and considered one of the countries with serious pollution in the world. So, when you pollute the environment, how should you be responsible for compensation? Let’s find out with Lawyer X about “General provisions on compensation for damage caused by environmental pollution” through the following article.
Legal grounds
– Civil Code 2015
– Law on Environmental Protection 2020
What is the liability to compensate for damage caused by environmental pollution?
Liability to compensate for damage caused by environmental pollution defined as a specific case of non-contractual compensation liability. This is a form to determine civil liability for subjects who violate the law on environmental protection, causing damage to the environment, and damage to human health, life, and property. lawful interests of organizations and individuals, etc., the subjects that cause damage must have the responsibility to remedy the consequences, make up for and compensate for material and spiritual losses to the affected individuals and organizations. damage caused by their illegal acts.
Conditions for arising liability to compensate for damage caused by environmental pollution
When damage occurs
The compensation for damage caused by environmental pollution must first be based on the damage that occurred. The damage caused to the environment is not only the damage to property, human life, and health. It also includes damage to nature and the environment. As follows:
▪ Damage to the natural environment and damage to the ecological environment such as water pollution by toxic substances, shrinking forest area, a decrease in the number of animals and plants…
▪ Damage caused by the property being tampered with, destroyed, or damaged. Damage associated with the reduction or loss of benefits associated with the non-use, exploitation or restriction of use, restriction of exploitation of the utility of the property; costs to prevent and remedy the damage.
▪ Damages due to compromised health including costs for the treatment, restoration, and rehabilitation of lost or impaired health and functions; the actual income of the aggrieved person and the carer of the aggrieved person is lost or reduced.
▪ Damage caused by life being harmed and expenses for the treatment, fostering, and care of the aggrieved person before death; expenses for burial, alimony expenses for those for whom the aggrieved person is obliged to support. Damage due to compromised lives can occur in several environmental incidents such as petrol explosions, oil spills, forest fires…
▪ Economic loss or commercial benefits such as profit, and revenue decrease when located in the polluted area.
Acts of causing damage are acts against the law on environmental protection
The violations of the law on environmental protection are very rich and diverse such as:
- Acts of violating the prohibition specified in Article 6 of the Law on Environmental Protection 2020;
- Violation of environmental impact assessment or requirements for recording the appraisal report of environmental impact assessment report;
- Violation of regulations on the protection of natural resources such as forest resources, exploitation, and trading of rare and precious flora and fauna; regulations on the protection of land resources and protection of land resources; regulations on biodiversity and nature conservation…
- Violating regulations on public hygiene such as transportation and treatment of waste and garbage; regulations on noise, vibration…
- Violation of regulations on prevention and combat of environmental incidents in search, exploration, exploitation, and transportation; regulations on storage and use of potentially polluting substances.
The causal relationship between the act causing the damage and the damage occurring
Actual damage occurs as a result of illegal acts. In other words, the violation of the law is the main cause of the damage occurring. Determining compensation for environmental damage is not simple. When environmental damage occurs, it can stem from many causes such as:
- Acts of polluting;
- Due to recession ;
- Due to natural factors.
In case these three factors occur simultaneously, it becomes even more difficult to determine the damage. Or in the case of acts that cause environmental pollution damage that happened a long time ago. But by the time the evidence that collected, the damage is no longer as serious as it was at the beginning, so it is very difficult to determine the level of damage to compensate for damage caused by environmental pollution.
The fault of the person causing the damage
Article 628 of the 2015 Civil Code stipulates that the liability to compensate for damage caused by acts of causing environmental pollution is excluded only in cases where the damage sufferer is at fault:
Individuals, legal entities, and other entities that pollute the environment and cause damage must compensate by the provisions of the law on environmental protection, except for the person who is at fault.
This provision can be understood that in case the damage sufferer is not at fault, the liability to compensate for the damage will be applied to the person who causes environmental pollution. Therefore, to protect the interests of the aggrieved person against the infringement of others. The determination of fault is extremely important to properly assign liability to the parties for damages.
Please see more:
General regulations on environmental protection in Vietnam
Process of making an environmental impact assessment report in Vietnam
Frequently asked questions
Liability to compensate for damage caused by environmental pollution is defined as a specific case of non-contractual compensation liability. This is a form to determine civil liability for subjects who violate the law on environmental protection, causing damage to the environment, and damage to human health, life, and property. Lawful interests of organizations and individuals…
In case the damage sufferer is not at fault, the liability to compensate for the damage will be applied to the person who causes environmental pollution. The determination of fault is extremely important to properly assign liability to the parties for damages.
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