Chương XVIII Luật bảo vệ môi trường 2014: Thanh tra, kiểm tra, xử lý vi phạm, giải quyết tranh chấp, khiếu nại, tố cáo về môi trường

Chapter XVIII

INVESTIGATING, INSPECTING AND HANDLING VIOLATIONS, SETTLING ENVIRONMENTAL DISPUTES, CLAIMS AND ACCUSATIONS

Article 159. Responsibilities for organizing and directing the investigation and inspection of environmental protection tasks

1. The Minister of Natural Resources and Environment shall organize and direct the investigation and inspection of environmental protection in accordance with the law on a national scale.

2. The Minister of National Defense, Minister of Public Security shall organize and direct the investigation and inspection of environmental protection with respect to establishments, projects and works under national secrecy in defense and security.

3. Chairpersons of the Provincial People’s committees shall organize and direct the investigation and inspection of environmental protection in accordance with the law in the area.

Article 160. Actions against violations

1. Any organization and individual who violates the law on environmental protection causing pollution and degradation to the environment, causing losses to other organizations and individuals shall be responsible for remedying the consequences, restoring the environment, compensating for the damages in accordance with the regulation of this Law and relevant laws.

2. Heads of agencies, organizations, officials and public servants who misuse their titles and powers to cause troubles and harassment to organizations, individuals, be involved in cover-ups on violators of environmental protection or show lack of responsibility for environmental pollution and problem, depending on the nature and seriousness of violations, shall incur penalties according to applicable regulations of the law.

Article 161. Environmental disputes

1. Environmental disputes include:

a) Disputes concerning rights and responsibilities for environmental protection in exploitation and use of environmental components;

b) Disputes concerning determination of causes to environmental pollution, degradation and problem;

c) Disputes concerning responsibilities for handling and remedying consequences, compensating for losses caused by environmental pollution, degradation and problem.

2. Parties in dispute over environment

a) Organizations, individuals using environmental components in dispute:

b) Organizations, individuals who exploit and use environmental components and organizations, individuals who are responsible for reforming and restoring the polluted and degraded environmental area, and compensating for environmental damages.

3. Settlement of environmental disputes shall be done in accordance with the law on non-contractual civil dispute settlement and the regulation of relevant law.

4. Environmental disputes that take place within the Socialist Republic of Vietnam in which either or both of the parties are foreign organization, individual shall be settled in accordance with the law by the Socialist Republic of Vietnam except otherwise as stipulated in the international treaty of which the Socialist Republic of Vietnam is a member.

Article 162. Complaints, accusations and lawsuits

1. Organizations, individuals are entitled to file a complaint and lawsuit against any breach of environmental protection in accordance with the law.

2. Individuals are entitled to report any breach of environmental protection to the authorities according to the law on claims and denunciations.

3. Time limit for filing a lawsuit over environment shall begin when the aggrieved individual’s detection of the damage caused by the breach of environmental protection regulations by other organizations, individuals.