Tiếng Việt
The liability of enterprises for damages caused by water pollution is a type of non-contractual civil liability. This liability arises when enterprises violate the law, leading to the degradation of the function and utility of water resources or environmental incidents related to their activities.
I. Legal Basis and Conditions for Filing a Claim Against Enterprises for Water Pollution Damages
The legal framework in Vietnam provides provisions for protecting the right to file claims and seek compensation for damages caused by water pollution. Key legal instruments include:
- Civil Code 2015:
It allows individuals and entities to claim compensation for damages caused by others. Victims can seek compensation for infringements on life, health, honor, property, and other rights. The code also stipulates that environmental polluters must compensate for damages as required by law, regardless of fault. - Law on Environmental Protection 2014:
Organizations causing pollution and environmental degradation are required to remedy the damages, compensate affected parties, and fulfill other responsibilities under the law. Disputes related to compensation claims are subject to regulations on resolving non-contractual civil disputes. - Law on Water Resources 2012:
Organizations and individuals causing water pollution incidents are responsible for mitigating the consequences, restoring water quality, and compensating damages in accordance with the law. - Civil Procedure Code 2015:
Disputes over non-contractual damages fall under the jurisdiction of courts.
Conditions for Filing a Claim for Compensation:
To successfully file a claim, the following conditions must be met:
- Existence of Damage:
Damage is a prerequisite for establishing liability and determining the compensation amount.- Types of damages:
- Direct Environmental Damage:
Damage includes the degradation of environmental functions and utility, indicated by environmental quality metrics, ecosystem loss, and diminished recovery capacity. These are primary damages affecting public interests, represented by the state and local communities. - Individual and Organizational Losses:
These include harm to life, health, property, and legal interests caused by environmental degradation. Specific provisions for determining these damages are outlined in Articles 591, 590, and 589 of the Civil Code 2015.
- Direct Environmental Damage:
- Types of damages:
- Existence of Harmful Conduct:
Enterprises are liable for damages if they engage in unlawful conduct that harms the environment, such as:- Violations of environmental protection laws, including discharging untreated wastewater or failing to conduct environmental impact assessments for projects.
- Identifying specific enterprises responsible for the conduct and their ability to compensate. In cases where multiple enterprises pollute a watershed, liability determination may be challenging.
- Causal Link Between Conduct and Damage:
Claimants must demonstrate that the damage resulted from the enterprise’s harmful actions. This includes proving that the pollution directly caused the harm or was a decisive factor. Some environmental damages, such as health impacts, may take years to manifest, complicating causal attribution. - Fault of the Polluter:
In civil claims for environmental damages, fault is not a condition for liability. Enterprises are presumed liable if their actions cause water pollution. This principle underscores the societal importance of environmental protection and imposes strict liability on polluters.
II. Legal Challenges in Compensation Claims for Water Pollution
- Right to File Claims:
In environmental disputes, thousands of households and individuals may be affected across different regions, making individual lawsuits impractical. A collective claim mechanism is necessary to address these challenges. - Burden of Proof:
Victims must prove the damages caused by the enterprise’s conduct. Investigations and assessments often require significant resources, which disadvantaged individuals may lack. Compensation claims are often resolved through negotiation or mediation, with litigation being a last resort. - Statute of Limitations:
The statute of limitations for filing claims is three years from the date the victim becomes aware of the violation. This period, while extended compared to earlier laws, remains insufficient for certain damages, particularly those related to health and environmental degradation, which may take years to become apparent.
III. Proposed Legal Improvements
- Enhancing Collective Claim Mechanisms:
- Introduce clear regulations allowing collective claims through representatives to reduce the burden on courts and enable affected households to seek compensation.
- Designate specific agencies to represent claimants in cases involving loss of life, property, and health. For environmental claims, state management agencies could act on behalf of public interests.
- Permit environmental organizations or social groups, such as farmer associations, to represent victims. In the absence of an association law, local People’s Committees may be a practical alternative.
- Adopting “Reverse Burden of Proof” Provisions:
Vietnam could adopt provisions similar to China’s “reverse burden of proof,” requiring enterprises to prove the absence of a causal link between their conduct and the damage. Claimants would only need to establish that pollution occurred. Enterprises would bear the responsibility of proving their innocence and quantifying damages.- Collaboration between the Ministry of Natural Resources and Environment, Ministry of Justice, and Supreme People’s Court is recommended to develop guidelines for damage assessment.
- Extending the Statute of Limitations:
Separate statutes of limitations should be introduced for claims involving environmental degradation and those involving personal health and property. Given the long-term nature of some damages, such as health impacts, a 10-year statute of limitations for claims involving life and health is proposed.
Source: Compiled by NGO
