Notes: This is the English version of the law with more grammatical textures and a better-looking book cover translated and designed by Alph16, and some extra graphics. It's only available on Wattpad of Alph16. All other websites that reupload this version are thieves and don't have my permission. So if you care, please only read on Wattpad.

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CHAPTER XIV

Inspections, Dealing with Breaches, Resolution of Complaints and DenunciationsRelated to Environment, and Compensation for Environmental Damage

SECTION 1

Inspections, Dealing with Breaches, and Resolution of Complaints and Denunciations Related to the Environment

Article 125 Environmental Protection Inspectorate 

1. The Environmental Protection Inspectorate shall be the specialized environmental protection inspectorate. Environmental protection inspectors shall have their uniforms and badges and shall be provided with the necessary equipment and means to perform their tasks. 

2. The authority and tasks of environmental protection inspectors shall comply with the law on inspections. 

3. The Government shall provide regulations on the organization and operation of the Environmental ProtectionInspectorate. 

Article 126 Responsibilities for supervision and inspection of environmental protection 

1. The responsibility to supervise and inspect environmental protection shall be regulated as follows: 

(a) The Minister of Natural Resources and Environment and chairmen of provincial people's committees shall supervise environmental protection activities and issue decisions to inspect environmental protection activities following the provisions of this Law and the law on inspections; 

(b) The Environmental Protection Inspectorate under the Ministry of Natural Resources and Environment shall supervise environmental protection activities and inspect environmental protection by manufacturing business and services establishments with environmental impact assessment reports approved by the Ministry of Natural Resources and Environment or a ministry, ministerial equivalent body or Government body; and shall coordinate with specialized environmental protection inspectorates of the Ministry of Defence and the Ministry ofPolice in supervising and inspecting environmental protection by subordinate units; 

(c) Provincial level environmental protection inspectorates shall supervise environmental protection activities and inspect environmental protection by economic organizations and non-business units concerning projects with environmental impact assessment reports approved by a provincial people's committee and projects subject to supervision and inspection by the Ministry of Natural Resources and Environment when there are indications that such organizations are in breach of the law on the protection of the environment; 

(d) District people's committees shall supervise environmental protection activities and inspect environmental protection by administrative bodies and non-business units, except for the non-business units stipulated in subclause (c) above, and by small-sized manufacturing, business, and services establishments; 

(dd) Commune people's committees shall supervise environmental protection by households and individuals. In necessary cases, environmental protection inspectorates at all levels and district people's committees shall assist and co-ordinate with commune people's committees in supervising and inspecting environmental protection by organizations or individuals when there are indications that such organizations or individuals are in serious breach of the law on the protection of the environment. 

2. State administrative bodies at all levels and the professional bodies concerned shall, upon request, assist and co-ordinate with an environmental protection inspectorate in inspecting and supervising environmental protection. 

3. Supervision and inspection of environmental protection shall be conducted no more than twice a year at manufacturing, business, or services establishment, except for those establishments which are denounced as having breached or which show signs of having breached the law on the protection of the environment. 

Article 127 Dealing with breaches

1. Any person breaching the law on the protection of the environment shall, depending on the nature and seriousness of the breach, be subject to an administrative penalty or be criminally prosecuted; and any offender causing environmental pollution or degradation or an environmental incident, or causing loss and damage to other organizations or individuals, must remedy the pollution, rehabilitate the environment and pay compensation for such loss and damage following this Law and other relevant laws.

2. Any head of an organization or public servant who abuses his or her position and powers to cause trouble for organizations or citizens, who covers up for offenders who have breached the law on the protection of the environment, or who neglects responsibilities leading to serious environmental pollution or a serious environmental incident shall, depending on the nature and seriousness of the breach, be disciplined or be criminally prosecuted, and any such head of an organization or public servant who causes loss and damage must pay compensation following the law.

Article 128 Complaints, denunciations, and legal proceedings related to the environment

1. Any organization or individual shall have the right to lodge a complaint with a competent State body or to initiate legal proceedings at a court for breaches of the law on the protection of the environment and infringements of the rights and lawful interests of such organization or individual.

2. Citizens shall be entitled to denounce to competent bodies or authorized persons the following acts of breach of the law on the protection of the environment:

(a) Causing environmental pollution or degradation or an environmental incident;

(b) Infringing the rights and interests of the State, community, organizations, families, or individuals.

3. Competent State bodies or authorized persons receiving written complaints or denunciations shall consider and resolve such complaints or denunciations following the law on complaints and denunciations and this Law.

Article 129 Environment-related disputes

1. Environment-related disputes shall comprise:

(a) Disputes about environmental protection rights and responsibilities in the exploitation and use of environmental elements;

(b) Disputes about the identification of causes of environmental pollution or degradation or an environmental incident; about liability for remedying consequences of, and paying compensation for loss and damage caused by environmental pollution or degradation or an environmental incident.

2. Parties to an environment-related dispute shall comprise:

(a) Organizations and individuals using environmental elements and in dispute with one other;

(b) Organizations and individuals exploiting or using environmental elements and organizations and individuals responsible for improving and rehabilitating polluted and degraded areas and compensating for environmental damage.

3. Resolution of environment-related disputes shall comply with the law on the resolution of non-contractual civil disputes and other relevant laws.

4. Environment-related disputes on the territory of Vietnam to which one party is a foreign organization or individual shall be resolved following the law of Vietnam unless otherwise provided for in a treaty of which the Socialist Republic of Vietnam is a member.

SECTION 2

Compensation for Loss and Damage Caused by Environmental Pollution and Degradation

Article 130 Loss and damage caused by environmental pollution and degradation

Loss and damage caused by environmental pollution and degradation shall comprise:

1. Reduced usefulness of the environment.

2. Loss and damage to human life and health, property, and lawful interests of organizations and individuals as a consequence of reduced use of the environment.

Article 131 Identification of loss and damage caused by environmental pollution and degradation

1. Reduced usefulness of the environment shall be classified at the following levels:

(a) Reduction;

(b) Serious reduction;

(c) Particularly serious reduction.

2. Identification of the scope and limits of reduced use of the environment shall comprise:

(a) Identification of the boundaries and area of the serious or particularly serious reduction core zone;

(b) Identification of the boundaries and area of the reduction buffer zone;

(c) Identification of the boundaries and area of other zones affected by the core and buffer zones.

3. Identification of reduced environmental elements shall comprise:

(a) The number of the reduced environmental elements, the types of damaged ecosystems and species;

(b) Degree of damage to each environmental element, ecosystem, and species.

4. Estimation of costs of environmental damage shall be regulated as follows:

(a) Estimation of immediate and long-term costs of damage caused by reduced use of the environment;

(b) Estimation of costs for treatment, improvement, and rehabilitation of the environment;

(c) Estimation of costs for mitigation or elimination of sources of damage;

(d) Poll of opinions of the parties concerned;

(dd) Depending on the particular conditions, one of the measures defined in subclauses (a) to (d) inclusive of this clause may be applied to estimate costs of environmental damage for use as a basis for payment of compensation for environmental damage.

5. Identification of damage caused by reduced use of the environment shall be conducted independently, or shall involve collaboration between the party causing the loss and damage and the party suffering the loss and damage. At the request of one or all of the parties concerned, a specialized environmental protection body shall guide the estimation of costs and identification of loss and damage or witness identification of loss and damage.

6. The identification of loss and damage to human life and health, property, and lawful interests of organizations and individuals caused by environmental pollution and degradation shall comply with the provisions of law.

7. The Government shall provide guidelines on the identification of loss and damage caused by environmental pollution and degradation.

Article 132 Survey of loss and damage caused by reduced use of environment

1. An expert survey of loss and damage caused by reduced use of the environment shall be conducted at the request of any entity suffering loss and damage or of a body dealing with payment of compensation for environmental damage.

2. The basis of an expert survey shall be the application file for compensation and information, data, evidence, and other items about the party causing the loss and damage and the party suffering loss and damage.

3. An expert loss surveying body shall be selected with the consensus of the party causing the damage and the party claiming compensation. In the absence of such consensus, the expert loss surveying body shall be selected by the body assigned to deal with the payment of compensation.

Article 133 Resolution of payment of compensation for environmental damage

Resolution of payment of compensation for environmental damage shall be carried out in the following ways:

1. Agreement by the related parties.

2. Request for settlement by an arbitrator.

3. Initiation of legal proceedings.

Article 134 Insurance for liability to pay compensation for environmental damage

1. The State shall encourage insurance business enterprises to provide insurance for liability to pay compensation for environmental damage.

2. The State shall encourage organizations and individuals engaged in manufacturing, business, and services activities to purchase insurance for liability to pay compensation for environmental damage.

3. Organizations and individuals engaged in activities potentially causing great environmental damage must purchase insurance for liability to pay compensation for environmental damage.