Chương IX Nghị định 08/2022/NĐ-CP: Phòng ngừa, ứng phó sự cố môi trường, bồi thường thiệt hại về môi trường

Chapter IX.

ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE; COMPENSATION FOR ENVIRONMENTAL DAMAGE

Section 1. ENVIRONMENTAL EMERGENCY PREVENTION AND RESPONSE

Article 108. Environmental emergency response plans

1. An environmental emergency response plan means a document which identify potential environmental emergencies and potential environmental emergency scenarios and include response schemes to allow a ready and prompt response to an actual environmental emergency.

2. An internal environmental emergency response plan contains the following contents:

a) Identifying and assessing risks of environmental emergencies occurred during operation of a business, scenarios for each type of potential risk of an environmental emergency;

b) An environmental emergency prevention and response scheme including works, equipment, supplies, tools and vehicles necessary for environmental emergency response; deployment of on-site resources for ready response to each environmental response scenario;

c) A plan to provide training and organize drills in environmental emergency response for the on-site response force;

d) Method for public alert and notification of environmental emergencies and deployment of human resources and equipment for environmental emergency response;

dd) Solutions for organizing response to environmental response in terms of the contents specified in clause 3 Article 125 of the LEP.

3. A district-level, provincial or national internal environmental emergency response plan contains the following contents:

a) Identifying and assessing risks of environmental emergencies in the locality; scenarios for each type of potential risk of an environmental emergency; environmental emergency scenario response plan;

b) Plan for deployment of equipment, supplies and vehicles for response to environmental emergency at levels of emergencies;

c) Assigning full-time and part-time forces to respond to environmental emergencies; determining contents and organizing environmental emergency response training and drills in the annual civil defense plan and program at the same level;

d) Procedures for receiving and processing information and methods for public alert and notification of environmental emergencies and mechanisms for deployment of human resources and equipment for response at levels of environmental emergencies;

dd) Solutions for organizing response to environmental response in terms of the contents specified in clause 3 Article 125 of the LEP.

Article 109. Promulgating and approving environmental emergency prevention and response plans

1. Every investment project and business owner shall promulgate and organize the implementation of their environmental emergency prevention and response plan in conformity with the environmental emergency prevention and response contents in the decision on approval of EIAR appraisal result or environmental license.

If the environmental emergency response plan is incorporated into and approved together with the plan for response to another emergency as prescribed in point b clause 6 Article 124 of the LEP, such plan shall include all contents specified in clause 2 Article 108 of this Decree.

2. The National Committee for Search and Rescue, the provincial Steering Committee for Natural Disaster Prevention and Control, the district-level provincial Steering Committee for Natural Disaster Prevention and Control shall promulgate the national, provincial and district-level environmental emergency response plan respectively.

The national, provincial and district-level environmental emergency response plan shall be formulated and promulgated every 05 years.

If the national, provincial and district-level environmental emergency response plan are incorporated into the civil defense plan at the same level, it shall include all contents specified in clause 3 Article 108 of this Decree.

Article 110. Disclosure of environmental emergency response plans

1. The National Committee for Search and Rescue shall disclose its national environmental emergency response plan on its website and send it to Ministries, ministerial agencies, Governmental agencies and provincial People’s Committees.

2. The provincial and district-level People’s Committees shall disclose their provincial and district-level environmental emergency response plans on their websites; send them to authorities within their provinces and districts and to supervisory authorities.

3. Every investment project and business owner shall disclose their internal environmental emergency response plans; send the environmental emergency response plan to the district-level provincial Steering Committee for Natural Disaster Prevention and Control.

The investment project and business owner shall provide contents of their plan to the management board of the industrial park, export-processing zone, economic zone or hi-tech zone if the project or business is located in the industrial park, export-processing zone, economic zone or hi-tech zone.

Article 111. Responsibilities of Ministries and ministerial agencies for environmental emergency prevention and response

1. The Ministry of National Defense shall:

a) Preside over and cooperate with Ministries, ministerial agencies and provincial People’s Committees in providing guidelines, forming forces and providing resources and equipment for environmental emergency response to the National Committee for Search and Rescue, the provincial and district-level Steering Committees for Natural Disaster Prevention and Control;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by oil spill; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue;

c) Direct military zones and local military authorities at all levels to advise the People's Committees at the same level on response to environmental emergencies.

2. MONRE shall:

a) Provide technical guidance on waste-related emergency response and prevention; technical guidance on environmental remediation after environmental emergency;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by waste; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

3. The Ministry of Industry and Trade shall:

a) Provide technical guidance on prevention and response to environmental emergencies caused by leakage or dispersion of toxic chemicals for industrial use;

b) Preside over advising the National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by leakage or dispersion of toxic chemicals for industrial use; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

4. The Ministry of Science and Technology shall:

a) Provide technical guidance on prevention and response to environmental emergencies caused by radiation and nuclear leakage;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by radiation and nuclear leakage; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

5. The Ministry of Agriculture and Rural Development shall:

a) Provide technical guidance on prevention of and response to environmental emergencies caused by natural disasters, dyke, lake and dam breach and domesticated animal diseases;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by natural disasters, dyke, lake and dam breach, forest fire, domesticated animal diseases; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

6. The Ministry of Public Security shall:

a) Provide technical guidance on prevention and response to environmental emergencies caused by conflagration;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by conflagration;

c) Direct fire and rescue police; environmental crime prevention and fighting police and police authorities at all levels to participate in environmental emergency response at the request of competent authorities;

d) Direct and ensure political security, social order and safety in areas where environmental emergencies occurs; investigate and clarify the causes of environmental emergencies in accordance with regulations of law.

7. The Ministry of Health shall:

a) Provide guidance on prevention and response to environmental emergencies caused by dangerous infectious diseases;

b) Preside over advising National Committee for Search and Rescue on organizing response to the national environmental emergencies caused by dangerous infectious diseases; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

c) Organize assessment of extent and level of impacts of the national environmental emergencies on human health.

8. The Ministry of Transport shall preside over and cooperate with the Ministry of National Defense, Ministries, ministerial agencies and People’s Committees of provinces concerned in implementing plans for use of traffic infrastructure, equipment, vehicles and supplies under their jurisdiction for participation in environmental emergency response as directed by the National Committee for Search and Rescue.

9. The Ministry of Finance shall provide guidelines for allocation of budget for environmental emergency response.

10. Ministries and ministerial agencies shall advise the National Committee for Search and Rescue on organizing response to the national environmental emergencies within their jurisdiction; participate in response to the national environmental emergencies as assigned by the National Committee for Search and Rescue.

Section 2. RESPONSIBILITY FOR CLAIMING COMPENSATION FOR ENVIRONMENTAL DAMAGE

Article 112. Notification of environmental damage

1. The notification to the authority settling claims for damage when finding a sign of pollution or degradation as prescribed in clause 1 Article 131 of the LEP shall be made in writing. A written notification is composed of the following contents:

a) Information about the organization or individual finding the sign of pollution or degradation;

b) Sign and location where the environmental pollution or degradation occurs;

c) Suspected sources of pollution or degradation;

d) Initial damage (if any);

dd) Other relevant evidence (if any);

e) Other relevant documents attached (if any).

2. The regulations set out in clause 1 of this Article shall not apply to the case where the environment is polluted or degraded due to the following causes:

a) Natural disasters;

b) A force majeure event or emergency which requires compliance with request of the competent authority;

c) Other cases prescribed by law.

Article 113. Responsibilities of authority settling claims for environmental damage

1. Receive notifications of signs of environmental pollution or degradation. If it is beyond its power, the receiving authority shall immediately the notification and attached documents to the authority competent settling claims for environmental damage for settlement.

2. Check and verify information and make a record of signs of environmental pollution or degradation. The record must be confirmed by the person in charge of verification, representative of the residential area where the pollution or degradation occurs, representative of the communal People’s Committee if the settling authority is the People’s Committee of the district or higher.

3. Identify the organization or individual causing environmental pollution or degradation.

4. Collect and appraise data and evidence to assess environmental damage and claim compensation for environmental damage as prescribed in clause 2 Article 131 of the LEP. To be specific:

a) Collect data and evidence; determine the liability for damage; calculate environmental damage caused by pollution or degradation or hire a suitably qualified unit to do so;

b) Establish a data and evidence appraisal council so as to assess environmental damage as prescribed in Article 114 of this Decree;

c) Put forward a claim for damage on the basis of the consultancy given by the data and evidence appraisal council.

5. Assess damage and claim compensation for loss of life, health, property and legitimate interests of an organization or individual as a result of impairment of environmental functions and usefulness if authorized by the organization or individual pursuant to the legislation on civil matters.

Article 114. Data and evidence appraisal council

1. The data and evidence appraisal council shall research, consider, appraise and evaluate collected data and evidence to assess and calculate environmental damage; ensure the accuracy, adequacy and objectiveness; be responsible to the authority settling claims for damage for its data and evidence appraisal results.

2. Composition of the council:

a) The council shall be composed of at least 07 members: 01 Chair, 01 Deputy Chair where necessary, 01 secretary who is a public official or public employee of the authority organizing collection and appraisal of data and evidence; representatives of authorities concerned; representative of the environmental protection authority; experts in environment and other related fields;

b) An expert who is the council’s member must have at least 07 years, 05 years or 03 years of work experience if holding a bachelor’s degree, a master’s degree and a doctoral degree respectively;

c) The council established by MONRE must include a representative of the specialized environmental protection authority of the province where the pollution or degradation occurs;

d) The council established by the provincial People’s Committee must include a representative of the specialized environmental protection authority of the province where the pollution or degradation occurs; representative of the management board of the economic zone, industrial park, export-processing zone or hi-tech zone where the where the pollution or degradation occurs where necessary;

dd) The council established by the district-level People’s Committee must include a representative of the People’s Committee of the commune where the pollution or degradation occurs; representative of the management board of the economic zone, industrial park, export-processing zone or hi-tech zone where the where the pollution or degradation occurs where necessary.

3. The council shall work on the principle of public discussion between council members and between the council and the organizations and individuals concerned.

4. An official meeting of the council shall be only conducted if the following conditions are satisfied:

a) At least 2/3 of council members attend the meeting in person or online, among which the Chair (or Deputy Chair authorized by the Chair) and secretary are required;

b) The meeting is attended by the organization or individual causing environmental pollution or degradation. This regulation will not apply if the organization or individual causing environmental pollution or degradation is absent for the third time when requested in writing by the competent authority;

c) The meeting is attended by the unit collecting data and evidence; determining the liability for damage; calculating environmental damage caused by pollution or degradation specified in point a clause 4 Article 113 of this Decree (if any).

5. The absent council members may provide their evaluation reports in advance, which are considered opinions of members who are present at the meeting but are not permitted to vote.

6. Council members and enquired authorities and experts shall be responsible to the authority settling claims for damage for their evaluation of the tasks assigned during the data and evidence appraisal; are entitled to receive remuneration as prescribed by law.

Section 3. ASSESSMENT OF ENVIRONMENTAL DAMAGE

Article 115. Subjects of assessment of damage caused by environmental pollution and degradation

1. Subjects of assessment of damage caused by environmental pollution or degradation:

a) Environmental components: surface water environment, soil environment;

b) Ecosystems including: forest ecosystem (terrestrial and mangrove); coral ecosystem; seagrass ecosystem;

c) Dead species of animals and plants distributed in Vietnam on the list of endangered, precious and rare species whose protection is prioritized; endangered, precious and rare species of forest plants and animals; endangered species of wild fauna and flora in the CITES Appendices.

2. The assessment of loss of life, damage to health, property and legitimate interests of organizations and individuals as a result of impairment of environmental functions and usefulness shall be carried out pursuant to the legislation on civil matters.

Article 116. Data and evidence used to assess damage caused by environmental pollution and degradation

1. Data and evidence to be collected to identify an organization or individual that causes environmental pollution or degradation include:

a) Agents that cause an environmental emergency or directly harm the environment or area of environmental pollution or degradation;

b) Basic information about the organization or individual in relation to the area of environmental pollution or degradation, including type of operation; products, capacity or input materials; manufacturing process; waste stream; location and method of waste discharge; waste treatment measures; monitoring and analysis of environmental parameters;

c) Other related data and evidence.

2. Data and evidence to be calculated or estimated to determine the area of polluted or degraded water include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s), license(s) or document(s) issued by the competent authority prescribing the use or approval(s) for the planning for use of components of water in the polluted or degraded area;

c) Results of monitoring; investigation; auditing; inspection by the competent authority in relation to water in the polluted or degraded area;

d) Area of water surface and volume of polluted water;

dd) Pollutants and content of pollutants in water;

e) Other related data and evidence.

3. Data and evidence to be calculated or estimated to determine the area of polluted or degraded soil include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s), license(s) or document(s) issued by the competent authority prescribing the use or approval(s) for the planning for use of components of soil in the polluted or degraded area;

c) Results of monitoring; investigation; auditing; inspection by the competent authority in relation to soil in the polluted or degraded area;

d) Information, documents, maps and data on natural and socio-economic conditions, management and use of land and natural resources in relation to soil quality and potential in the area where pollution needs to be determined;

dd) Area, volume and mass of polluted soil;

e) Pollutants and content of pollutants in soil;

g) Other related data and evidence.

4. Data and evidence to be collected or estimated to determine the area, number and components of the degraded ecosystems include:

a) Information and data on state of the environment in the area prior to environmental pollution or degradation;

b) Decision(s) or document(s) issued by the competent authority prescribing level of conservation of the ecosystem;

c) Results of investigation; auditing; inspection by the competent authority in relation to the ecosystem in the polluted or degraded area;

d) Forest status map, database of forest transition from time to time (digital) (except for wood reserve, forest structure, forest area, forest growth); environmental pollution map interpreted by images or specialized software (digital map);

dd) Information on database of natural conditions, hydrometeorology, oceanography and environment (water, sediment), map of status of scale, boundary, area, structure, distribution by depth, coverage, status of coral ecosystems, seagrass ecosystems, coastal and island wetland ecosystems;

e) Information about status of discharge, points of discharge of waste into areas with coral reef, seagrass and mangrove ecosystems within the area of land on which coastal and island wetlands are available;

g) Other related data and evidence.

5. Data and evidence to be collected or estimated to determine the number and components of species of animals and plants specified in point c clause 1 Article 115 of this Decree include:

a) Document(s) issued by the competent authority prescribing list and mechanism for management of species of animals and plants;

b) Results of investigation, auditing and inspection by the competent authority in relation to species of animals and plants;

c) Area of the site impacted by environmental pollution or degradation, duration of impact and costs of species restoration kept to the minimum;

d) Other related data and evidence.

6. Data and evidence used to assess damage caused by pollution or degradation may be in the form of: images, words, data obtained observation, measurement, analysis, remote sensing, geographic information system and other forms.

7. Data and evidence used to assess damage caused by environmental pollution or degradation must be accurate, scientifically sound and practical.

Article 117. Methods for determining area of polluted and degraded environment; number of deteriorated environmental components, types of damaged ecosystems, dead species of animals and plants

1. Methods for determining area of polluted surface water and water:

a) Carrying out investigations, surveys and determination of natural conditions and environment of the area where pollution occurs;

b) Using suitable hydrodynamic and environmental models to predict and determine the extent of pollution;

c) Carrying out field surveys according to the models to determine the extent, area, and volume of pollution.

2. Methods for determining area of polluted soil:

a) Carrying out field investigations and surveys according to the current land use map equivalent to levels;

b) Collecting and analyzing soil samples according to regulations of law to determine pollution points; area, weight and volume of polluted soil determined through the demarcation of contaminated land on the current land use map equivalent to levels.

3. Methods for determining area, number and components of degraded forest ecosystem (terrestrial and mangrove):

a) Overlaying the forest status map with the pollution map to determine area of the forest affected by pollution;

b) Carrying out field investigations into forest status plots after pollution to determine the number, volume and components of the damaged forests;

c) In the absence of a forest status map or forest transition map, using an equivalent forest ecosystem database.

4. Methods for determining scale, area and number of coral and seagrass ecosystems:

a) Carrying out field surveys, collecting information, calculating area and coverage of damaged coral reefs and seagrass;

b) In the absence of a map or data on status of coral reefs and seagrass, using equivalent ecosystem databases.

5. Methods for assessing damage to the number and composition of species of animals and plants specified in point c clause 1 Article 115 of this Decree:

a) Carrying out field investigations and collecting filed information in the polluted and degraded environment about the number of individuals and composition of species of animals and plants

b) Carrying out collection, analysis and calculations by adopting actual measurement methods, using models and technical measures to assess the change in species composition, number of individuals of species of animal and plants before and after the pollution.

Article 118. Assessing degree of damage to each environmental component, ecosystem and species

1. Rules for determining the degree of damage:

a) The degree of damage to environmental component, ecosystem and species of animal and plant specified in Article 115 of this Decree shall be determined according to the costs of environment and ecosystem remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to the original state of the ecosystems and species of the animals and plants specified in points b and c clause 1 Article 115 of this Decree prior to the pollution or degradation;

b) Damage to the environment of a geographic area equals the total of damage to environmental components of such geographic area.

2. Methods for determining the degree of damage:

As the case may be, the competent authority and organization or individual causing environmental pollution or degradation may opt for one of the following methods for determining the costs of environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to their original state and restoration of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree:

a) The organization or individual that causes environmental pollution, ecosystem degradation and death of animals and plants specified in clause 1 Article 115 of this Decree shall carry out or hire a suitably qualified unit to carry out environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a sate which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree in accordance with environmental technical regulations or to a state which is the same as or equivalent to their original state prior to the pollution or degradation.

In this case, the organization or individual causing environmental pollution or degradation shall itself pay the costs of environmental remediation and restoration, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree within the prescribed time limit, shall be under supervision and have their result of implementation confirmed as prescribed by law;

b) The organization or individual that causes environmental pollution; ecosystem degradation and death of animals and plants specified in clause 1 Article 115 of this Decree fails to determine the costs of environmental remediation and restoration and conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a sate which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree, the competent authority shall do so according to the formula specified in clause 4 of this Article;

c) In case of failure to determine the costs of environmental remediation and restoration under environmental technical regulations, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants in accordance with environmental technical regulations or to a state which is the same as or equivalent to the original state of the ecosystems and species of animals and plants specified in points b and c clause 1 Article 115 of this Decree, use the result of calculation of damage to the environment or damage caused by ecosystem degradation or death of the species of animals and plants specified in clause 1 Article 115 of this Decree in the previously occurred cases with equivalent extent and nature which have been recognized by a competent authority or where the state of the environment prior to its pollution, the state of the ecosystem prior to its degradation and the status of species of animals and plants prior to their death are simulated; make a plan to calculate the costs of restoring the environment, ecosystems and species of animals and plants specified in clause 1 Article 115 of this Decree to their original or equivalent state;

d) Other methods.

3. If the environmental remediation and restoration and cultivation of plants, conservation breeding, restoration and reintroduction of animals into their natural habitats for the species of animals specified in point c clause 1 Article 115 of this Decree are carried out using the methods specified in points b, c and d clause 2 of this Article, the organization or individual that causes pollution or degradation of the environment or ecosystem and causes death of the species of animals and plants ;

4. Formula for calculating compensations for damage:

a) The total damage caused by pollution or degradation to the environment of a geographic area shall be calculated according to the following formula:

T = TN + TĐ + THST + TLBV, where:

T is the damage caused by pollution or degradation to the environment of a geographic area;

TN is the damage caused by pollution or degradation to water;

TĐ is the damage caused by pollution or degradation to soil;

THST is the damage caused by pollution or degradation to the ecosystem;

TLBV is the damage caused to the species of animals and plants specified in point c clause 1 Article 115 of this Decree;

b) The damage caused by pollution to water shall be calculated according to the following formula:

TN = S x CN, where:

TN is the damage caused by pollution or degradation to water;

S is the volume of polluted water (m³);

CN is the rated amount for treating 01 m³ of water in accordance technical regulations;

c) The damage caused by pollution to soil shall be calculated according to the following formula:

TĐ =S x CĐ, where:

TĐ is the damage caused by pollution or degradation to soil;

S is the volume or weight of polluted soil (m³ or kg);

CĐ is the rated amount for treating 01 m³ or 01 kg of soil in accordance technical regulations;

d) The damage to a forest ecosystem (terrestrial and mangrove), coral ecosystem; seagrass ecosystem shall be calculated according to the following formula:

THST = S x 3 x CHST, where:

THST is the damage caused by degradation to the ecosystem including forest ecosystem (terrestrial and mangrove), coral ecosystem; seagrass ecosystem;

S is the area of degraded forest (terrestrial and mangrove), ecosystem, coral reef and seagrass ecosystem (expressed in m²);

CSHT is the rated amount for restoring the degraded forest (terrestrial and mangrove), coral ecosystem and seagrass ecosystem;

dd) The damage caused to the species of animals and plants specified in point c clause 1 Article 115 of this Decree shall be calculated according to the following formula:

TLBV = N x CLBV, where:

TLBV is the damage to the animals and plants;

N is the number of individuals of animals and plants;

CLBV is the rated amount for plant cultivation, conservation breeding, restoration and reintroduction of animals into their natural habitats or cultivation of plants to a state which is the same as or equivalent to the original state of the species of animals specified in point c clause 1 Article 115 of this Decree;

e) The rated amount for treating a unit of volume of water, volume or weight of soil in accordance with environmental technical regulations, costs of forest (terrestrial and mangrove), coral ecosystem and seagrass ecosystem restoration and costs of plant cultivation, conservation breeding, restoration and reintroduction of animals into their natural habitats and plant cultivation to a state which is the same as or equivalent to the original state of the species of animals specified in point c clause 1 Article 115 of this Decree shall comply with applicable regulations;

g) If a rated amount is not available, the competent authorities shall, within their jurisdiction, introduce a rated amount for environmental remediation and restoration; ecosystem restoration; conservation breeding, restoration and reintroduction of animals and plant cultivation specified in clause 1 Article 115 of this Decree.

Section 4. VERIFICATION OF DAMAGE CAUSED BY IMPAIRMENT OF ENVIRONMENTAL FUNCTIONS AND USEFULNESS

Article 119. Organizations verifying damage caused by impairment of environmental functions and usefulness

1. Organizations verifying damage caused by impairment of environmental functions and usefulness shall be selected as prescribed in clause 3 Article 135 of the LEP.

2. An organization verifying damage caused by impairment of environmental functions and usefulness means a subject-matter expertise service provider in the field of environment which is announced as prescribed or another organization which satisfies the following conditions:

a) Have a legal status;

b) Have professional experience suitable for the contents to be verified;

c) Have adequate officials and infrastructure for verification.

Article 120. Verifying damage caused by impairment of environmental functions and usefulness

1. Any organization or individual suffering from damage or authority settling claims for environmental damage fails to agree with the result of damage verification may request verification of damage caused by impairment of environmental functions and usefulness.

2. Procedures for verifying damage caused by impairment of environmental functions and usefulness shall comply with regulations on judicial expertise in the environment field and relevant regulations of law.

3. The result of verification of damage caused by impairment of environmental functions and usefulness shall serve as the basis for the authority settling claims for environmental damage to issue a demand that compensation be paid before selecting one of the methods specified in clause 1 Article 133 of the LEP.

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