Chương XIV Luật bảo vệ môi trường 2020: Kiểm tra, thanh tra, kiểm toán, xử lý vi phạm, tranh chấp, khiếu nại, tố cáo về môi trường

Chapter XIV

INSPECTION, AUDITING, PENALTIES FOR VIOLATIONS, ENVIRONMENTAL DISPUTES, COMPLAINTS AND DENUNCIATIONS

Article 160. Inspection of environmental inspection and environmental auditing

1. Responsibility for organizing and directing inspection of environmental protection:

a) The Minister of Natural Resources and Environment shall organize the inspection of environmental protection nationwide;

b) The Minister of National Defense shall organize the inspection of environmental protection by investment projects and businesses classified as state secrets in the field of national defense;

c) The Minister of Public Security shall organize the inspection of environmental protection by investment projects and businesses classified as state secrets in the field of security; direct the Environmental Police to inspect the implementation of the law on environmental protection;

d) Chairpersons of provincial People’s Committees shall organize the inspection of environmental protection within their provinces; direct the cooperation in inspecting environmental protection in the case specified in Point a of this Clause or at the request of competent authorities;

dd) Chairpersons of district-level People’s Committees shall organize the inspection of environmental protection within their districts; direct the cooperation in inspecting environmental protection in the case specified in Point d of this Clause or at the request of competent authorities;

e) Chairpersons of communal People’s Committees shall organize the inspection of environmental protection by households, individuals and entities required to carry out environmental registration within their communes; direct the cooperation in inspecting environmental protection in the case specified in Point dd of this Clause or at the request of competent authorities.

2. Specialized inspections of environmental protection shall be conducted in accordance with regulations of law on inspection and specific regulations on environmental protection. To be specific:

a) Regular inspections shall be conducted on the basis of functions and tasks of agencies assigned to conduct specialized inspection;

b) Surprise inspections shall be conducted as prescribed if any entity is suspected of violating the law on environmental protection; upon request if it is necessary to handle complaints or denunciations or prevent and control corruption or as assigned by the Minister of Natural Resources and Environment or Chairpersons of provincial People’s Committees. Where necessary, a surprise inspection shall not be announced in advance;

c) Except for the surprise inspections prescribed by this Law, the number of inspections of environmental protection shall not exceed once a year for an organization or individual;

d) During the inspection, environmental protection authorities at all levels shall transfer the violation case to a competent authority for investigation and penalty imposition as prescribed by law; cooperate with the Environmental Police to inspect the compliance with the law on environmental protection by entities upon request.

3. Inspection of compliance with the law on environmental protection means an inspection by a competent authority of entities, except for the case where the inspection is conducted to handle administrative procedures specified in this Law. To be specific:

a) A surprise inspection without advance notice shall be carried out if there are grounds for presuming that an entity is suspected of violating the law on environmental protection or under decision of the Minister of Natural Resources and Environment or Chairperson of provincial People’s Committee.

b) The Environmental Police shall conduct an inspection if an entity is suspected of conducting an criminal activity or violating the law in relation to environmental crimes; when there is a crime report or petition for prosecution or report on a violation against the law in relation to environmental crimes, and inform an environmental protection authority at the same level for cooperation; cooperate in inspecting the compliance with the law on environmental protection in other cases by entities according to the plan approved by the Minister of Natural Resources and Environment or Chairperson of the provincial People’s Committee.  On an annual basis, send a notification of results of environmental protection inspection and imposition of penalties for violations against the law on environmental protection to the environmental protection authority at the same level.

4. The inspections of environmental protection shall not overlap and not affect production, business operation and service provision by entities; require the cooperation between environmental protection authorities, Environmental Police and other agencies concerned.

5. The State Audit Office of Vietnam shall carry out environmental auditing in accordance with the Law on State Audit Office of Vietnam and other relevant regulations of law.

6. The Government shall elaborate on Clauses 2, 3 and 4 of this Article.

Article 161. Imposition of penalties for violations

1. Any entity violating the law on environmental protection resulting in environmental pollution or degradation or environmental emergency or damage to the State shall remediate the pollution and environment, provide compensation for damage and incur penalties in accordance with regulations of this Law and other relevant regulations of law.

2. Any head of an agency, cadre, public official, public employee or personnel in charge of environmental protection that abuses his/her position and powers to harass organizations and individuals or to screen violators of the law on environmental protection or that causes environmental pollution or emergency as a result of his/her negligence shall incur disciplinary penalties, administrative penalties or criminal prosecution on a case-by-case basis and compensate for any damage he/she causes.

Article 162. Environmental disputes

1. Environmental disputes include:

a) Disputes over rights and responsibilities for environmental protection during exploitation and use of environmental components;

b) Disputes over causes of environmental pollution, environmental degradation and environmental emergencies;

c) Disputes over responsibilities for environmental remediation and compensation for environmental damage.

2. Environmental disputes shall be resolved in accordance with regulations of the civil law, regulations of this Law and other relevant regulations of law. Disputes over compensation for environmental damage shall be resolved as prescribed in Article 133 of this Law and other relevant regulations of law.

3. The time limit for filing an environmental lawsuit begins on the date on which the organization or individual suffering the damage entitled to request knows or should know the damage caused by the violation against the law on environmental protection committed by another organization or individual.

4. An environmental dispute that takes place within the territory of the Socialist Republic of Vietnam in which either or both of the parties are foreign organization(s) or individual(s) shall be settled in accordance with the law of the Socialist Republic of Vietnam unless otherwise prescribed by the treaty to which the Socialist Republic of Vietnam is a signatory.

Article 163. Environmental complaints and denunciations

1. Organizations and individuals are entitled to file complaints about violations against the law on environmental protection committed by agencies, organizations and individuals in accordance with law.

2. Individuals are entitled to denounce violations against the law on environmental protection to competent authorities and persons as prescribed by the law on denunciation.