| THE GOVERNMENT No. 03/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness Hanoi, January 6, 2015 |
DECREE
Providing the assessment of environmental damage
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the June 23, 2014 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment;
The Government promulgates the Decree providing the assessment of environmental damage.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides the responsibility to assess, and claim compensation for, environmental damage, covering the collection of data and evidence for assessing environmental damage, computation of environmental damage, and identification of the liability to compensate for environmental damage caused by pollution or degradation in the following cases:
a/ Water environment for conservation, daily life, entertainment, production and other purposes is polluted, severely polluted or exceptionally severely polluted;
b/ Soil environment for conservation, production and other purposes is polluted, severely polluted or exceptionally severely polluted;
c/ Natural ecosystems belonging or not belonging to nature reserves are degraded;
d/ Individuals of species prioritized for protection under law die or are injured.
2. This Decree does not apply to cases in which environmental damage is caused by any of the following circumstances:
a/ Natural disasters;
b/ Compliance with requests of competent state management agencies in force majeure or urgent circumstances;
c/ Other circumstances as prescribed by law.
3. The assessment of and compensation for damage caused by environmental pollution or degradation to human health and life, assets and lawful interests of organizations and individuals must comply with the civil law.
[1] Công Báo Nos 161-162 (27/1/2015)
