The Standing Committee of the National Assembly discussed the Law on Environmental Protection (amended)

On the morning of September 19, continuing the 21st Session, the National Assembly Standing Committee gave opinions on the draft Law on Environmental Protection (amended).

Minister of Natural Resources and Environment Nguyen Minh Quang presented the draft Law on Environmental Protection (amended) at the meeting.
(Photo: Phuong Hoa/VNA)

Members of the National Assembly Standing Committee agreed with the necessity of amending the 2005 Law on Environmental Protection as stated in the Government's Submission and emphasized that the amendment aims to institutionalize the Party's guidelines and policies, the State's legal policies on environmental protection in the new situation; meet the requirements of the country's industrialization and modernization process, transform the economic growth model from breadth to depth, ensure the country's sustainable development...

The Draft Law was developed based on the summary of 8 years of implementing the 2005 Law on Environmental Protection and practical requirements in environmental protection activities, while adding many new contents suitable to the actual situation of environmental protection work.

Chairman of the Ethnic Committee Ksor Phuoc suggested that the drafting agency supplement and specify more specific regulations related to the rights and obligations of organizations and individuals in the fields of environmental protection activities. The provisions of the draft Law must promote the internal strength of the people in the fight against and denunciation of environmental violations.

Sharing this view, Chairman of the Law Committee Phan Trung Ly suggested that in the process of completing the draft Law, the drafting agency should review to eliminate infeasible regulations.

The Law on Environmental Protection is closely related to the laws on land, energy, water resources, minerals, forest protection and development, fisheries, natural disaster prevention, food safety, traffic, radiation safety, biosafety, plant quarantine...

Members of the National Assembly Standing Committee assessed that the provisions in the draft law basically ensure constitutionality, legality, consistency and synchronization with the relevant legal system.

However, Chairman of the Law Committee Phan Trung Ly said that in the process of research, reception and completion, the draft Law needs to continue to be compared and contrasted with related laws such as the Investment Law, the Law on Technical Standards and Regulations, the Civil Code, the Penal Code, etc. to ensure the consistency of the legal system. For laws that are in the process of being revised, supplemented and newly promulgated, there needs to be close coordination between the drafting committees during the drafting process to ensure consistency.

The draft law applies to all organizations and individuals operating in the territory, sea areas, continental shelf and exclusive economic zone of the Socialist Republic of Vietnam. Compared to the 2005 Law on Environmental Protection, the draft law has expanded the scope and area of ​​application, not only on the mainland “territory” but also on the “continental shelf and exclusive economic zone” of the Socialist Republic of Vietnam.

However, Chairman of the National Defense and Security Committee Nguyen Kim Khoa said that according to the provisions of the Law of the Sea of ​​Vietnam (2012), Vietnam's sea areas include inland, territorial waters, contiguous zones, exclusive economic zones and continental shelves under Vietnam's sovereignty, sovereign rights and national jurisdiction, determined according to Vietnamese law, international treaties and territorial borders to which Vietnam is a member and in accordance with the 1982 United Nations Convention on the Law of the Sea. Therefore, delegate Nguyen Kim Khoa suggested that the drafting agency consider adjusting the subjects of application to be consistent with the legal system in general, especially the Law of the Sea of ​​Vietnam.

Regarding the issue of environmental impact assessment, the draft law stipulates that for projects under the investment policy decision authority of the National Assembly, under the investment authority of the Government and projects in the list prescribed by the Government, "a preliminary environmental impact assessment must be conducted during the investment reporting stage."

Thus, the environmental impact assessment for these projects must be conducted in two steps: preliminary environmental impact assessment and environmental impact assessment.

Regarding this issue, there are opinions that in practice, in recent times, there have been a number of projects that had to prepare investment reports and request investment policies, but after assessing the environmental impact, there were negative impacts that required adjustments, or even the project had to be suspended, causing waste for the investor and society. Therefore, it is necessary to stipulate 2 steps of environmental impact assessment for a number of large projects that have negative impacts on the environment by the Prime Minister.

However, there are opinions that the regulation of 2 steps of environmental impact assessment will create cumbersome and complicated administrative procedures. Preliminary environmental impact assessment can cause waste for investors and society, and conflict with some provisions of other laws such as the Investment Law.

Members of the National Assembly Standing Committee requested the drafting agency to study and review this regulation to ensure that cumbersome administrative procedures do not arise and to overcome waste for investors and society.

Regarding the issue of environmental lawsuits, Chairman of the Judiciary Committee Nguyen Van Hien said that damage caused by environmental pollution can be detected within a short time from the date of the violation, but can also be detected after many years. However, according to the provisions of the Civil Code on the statute of limitations for filing a lawsuit to request compensation for damages, a lawsuit can only be filed within 2 years from the date the rights and interests of an organization or individual are violated. In reality, many damages caused by environmental pollution have passed the time limit for filing a lawsuit when discovered. Therefore, delegate Nguyen Van Hien suggested that the drafting agency should stipulate that the statute of limitations for filing a lawsuit should be calculated from the time the interests of the organization or individual are violated.

Concluding the working session, Vice Chairwoman of the National Assembly Nguyen Thi Kim Ngan requested the Ministry of Natural Resources and Environment, the agency drafting the Law, to absorb the opinions of members of the National Assembly Standing Committee, promptly rearrange the appropriate articles and clauses, avoid duplication, ensure consistency in the legal system; further complete the contents that have been tested in practice, and soon complete the draft Law to send to National Assembly deputies before submitting it to the 6th Session./.

According to VNA - LT