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Decree No. 03/2015/ND-CP providing the assessment of environmental damage.

Country/Territory
Viet Nam
Document type
Regulation
Date
2015
Source
FAO, FAOLEX
Original source
Công Báo Nos. 161-162 (27/1/2015).
Subject
Environment gen.
Keyword
Hazards Liability/compensation Pollution control Soil conservation/soil improvement EIA
Geographical area
Asia, East Asian Seas, South-Eastern Asia
Entry into force notes
This Decree enters into force on 1 March 2015.
Abstract

This Decree, consisting of 15 articles divided into five Chapters, provides the responsibility to assess, and claim compensation for, environmental damage, covering the collection of data and evidence for assessing environmental damage, computation of environmental damage, and identification of the liability to compensate for environmental damage caused by pollution or degradation in the following cases: a) Water environment for conservation, daily life, entertainment, production and other purposes is polluted, severely polluted or exceptionally severely polluted; b) Soil environment for conservation, production and other purposes is polluted, severely polluted or exceptionally severely polluted; c) Natural ecosystems belonging or not belonging to nature reserves are degraded; d) Individuals of species prioritized for protection under law die or are injured. This Decree does not apply to cases in which environmental damage is caused by any of the following circumstances: a) Natural disasters; b) Compliance with requests of competent state management agencies in force majeure or urgent circumstances. The assessment of and compensation for damage caused by environmental pollution or degradation to human health and life, assets and lawful interests of organizations and individuals must comply with the civil law.

Full text
English
Website
www.vietnamlawmagazine.vn

References - Legislation

Repeals

Decree No. 113/2010/ND-CP providing for the determination of environmental damage.

Legislation | Viet Nam | 2010

Keyword: Hazards, Liability/compensation, Pollution control, Soil conservation/soil improvement

Source: FAO, FAOLEX