Law on compensation for damages owing to environmental pollution by business organizations in Vietnam
Year: 2024
Type: article
Abstract: In recent years, Vietnam has made notable progress in strengthening its legal framework to address environmental pollution and hold business organizations accountable for resulting damages. Key components of this framework include the Civil Code (2015), the Law on Environmental Protection (2020), and Decree No. 08/2022/NĐ-CP, which together offer fundamental guidelines for establishing liability and obtaining compensation from businesses responsible for environmental harm. These legal instruments set out a foundational approach to liability, mandating that businesses are responsible for preventing pollution, remedying any damage caused, and compensating affected individuals or communities. Despite these advancements, significant gaps persist in the practical application of these laws, primarily due to the generality of their provisions. The regulations tend to function more as guiding principles than enforceable mechanisms, offering limited specificity on how to effectively pursue compensation claims. This lack of procedural clarity presents challenges for stakeholders seeking redress, as the absence of precise guidelines and enforcement measures complicates the process of securing adequate compensation. Moreover, the absence of clear definitions for the scope of damages, standards of proof, and assessment criteria further constrains the effectiveness of these provisions. These limitations within the current framework highlight the pressing need for reform aimed at enhancing clarity and applicability. This article seeks to critically examine these deficiencies by analyzing the existing legal regime, identifying areas for improvement, and proposing targeted solutions to strengthen compensation mechanisms. The objective is to establish a more effective and transparent legal pathway for addressing environmental damage caused by business organizations in Vietnam, ultimately contributing to higher standards of environmental accountability and justice for impacted communities.
Source: Multidisciplinary Reviews
Authors: Nguyen Duy Phuong, Nguyen Duy Thanh
Institution: Hue University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404838855