Violations in the environmental field are increasingly sophisticated, while the inspection and handling process at localities is still limited, and the remediation of consequences is not commensurate with the level of damage caused to the environment. school. As a result, natural resources are depleted and the environment is seriously polluted. This not only stems from loose management, but also because mechanisms and policies related to environmental protection are still lacking and reveal many loopholes.
Many violations, not many fines
The number of violations is very large, but the number of handled cases is not much and the low level of sanctions has been an inadequate situation of environmental protection work for many years. From the beginning of the year until now, the competent forces have discovered 4,780 cases of violating environmental protection laws (an increase of 60% compared to the same period in 2011), transferred to investigation agencies at all levels to prosecute 94 cases, 163 subjects, Administratively handled 3,500 cases, fined 52.87 billion VND... Representatives of the functional sector said that environmental violations are increasingly common, complex and serious. Through practice, the increase in violations mainly focuses on waste treatment in industrial parks, craft villages, and business establishments. In the field of industrial waste treatment, most businesses do not have environmental protection records and procedures, and do not fully implement the approved environmental impact assessment report. Illegal exploitation of non-ferrous metal ores, rocks, sand, and gravel for construction materials is widespread, concentrated in the Northwest, Central, and Southeast provinces... In addition, the destruction of protective forests is widespread. households, watershed forests and illegal trade and transportation of rare and precious woods in some localities in the Central - Central Highlands region are still complicated.
According to the assessment of many environmental experts, the increasing number of detected violations as well as the number of handled cases shows that the authorities have made many efforts, but are still only a small part compared to reality. violate. Besides, if the fine of 52.87 billion VND is divided by the number of 3,500 cases mentioned above, each case of violation is fined an average of just over 15 million VND. Of course, the level of violation in each case is different and the fines are also different, but basically they are too low compared to the harm caused to the environment and the community, so they are not enough of a deterrent.
The policy still has many loopholes
In order to improve the legality in environmental protection work, since 2009, the Government issued Decree 117/2009/CP on handling violations in the field of environmental protection, regulating 33 violations. Accordingly, the highest fine is up to 500 million VND/case. There are also more than 300 documents related to the field of environmental protection. However, experts believe that this system of documents and regulations is general, leading to a situation where many violations do not know the basis or comparison with which documents to handle. Typically, the issue of compensation due to environmental pollution is not specifically regulated in any document, causing difficulties for authorities in the implementation process. Even with the maximum fine of 500 million VND/case of violation, Deputy Minister of Natural Resources and Environment Bui Cach Tuyen also admitted that it is too low, so the Ministry is proposing that the Government submit to the National Assembly to raise it to the maximum level. 2 billion VND/case.
Dr. Nguyen Van Phuong, Head of the Department of Environmental Law (Hanoi Law University), commented that environmental violations often face difficulties in handling, for the following reasons: First, environmental violations In reality, environmental pollution is mainly caused by legal entities, while the 2009 amended Penal Code stipulates that only individuals will be held accountable for violations of environmental laws. Second, to determine the level of environmental violations, the level of violation must be through scientific and technical measures and modern means, so it is not easy to determine. To prosecute businesses that commit serious environmental violations, it is necessary to determine the level of environmental damage, but determining the level of damage is not simple.
Thus, it is necessary to consider environmental violators as a serious crime and at the same time have a correct awareness of this type of crime, thereby building strong sanctions capable of preventing and stopping violations. violate effectively. In particular, it is necessary to establish a regime for criminal liability of legal entities in the Penal Code, with cases of violation subject to criminal prosecution. In addition, it is necessary to soon complete the system of environmental legal documents, overcoming the current overlap and lack of uniformity.
Among the 10 crimes of environmental crimes in the 2009 amended Penal Code, up to now in Vietnam only 2 crimes have been prosecuted and investigated and brought to trial: destroying forests and violating regulations. regulations on protecting wild and rare animals. This law also only prosecutes individuals who violate the law, but does not apply to organizations, companies, and corporations with legal status. This is a big "loophole", because prosecution agencies cannot prosecute and criminally prosecute businesses or business leaders when they are the subjects of environmental violations as defined by the Penal Code. Currently, when violating the environment, businesses or organizations are only subject to administrative sanctions, fines, or at most, requests to close or stop production according to the provisions of the Law on Environmental Protection.