The Law on Environmental Protection Update in 2022
The Law on Environmental Protection was passed by the National Assembly on November 17, 2020, effective from January 1, 2022 (except Clause 3, Article 29 of the Law effective from February 1, 2021). This Law provides for environmental protection activities; rights, obligations and responsibilities of agencies, organizations, communities, households and individuals in environmental protection activities.
The Law provides for 11 policies of the State on environmental protection; including policies to create favorable conditions for agencies, organizations, communities, households and individuals to participate in the implementation, inspection and supervision of environmental protection activities; policies to strengthen scientific research, develop the technology of pollution treatment, recycling, waste treatment; prioritize the transfer and application of advanced technology, high technology, environmentally friendly technology, the best existing techniques; strengthen human resource training in environmental protection. The law also specifies 14 prohibited acts in environmental protection activities, including discharging wastewater and discharging untreated emissions that do not meet environmental technical regulations. Organizations and individuals committing acts of polluting the environment must be responsible for compensation for damage caused by pollution and environmental degradation.
On January 10, 2022, the government continued to issue Decree No.08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection. Notably, in relation to obligation for compensation, the decree has detailed provisions that several industries must purchase liability insurance for compensation for damage caused by environmental incidents, stipulated in the Decree as follows:
Section 2. LIABILITY INSURANCE FOR COMPENSATION FOR ENVIRONMENTAL DAMAGE; INCENTIVES AND SUPPORTS ON ENVIRONMENTAL PROTECTION
Article 130. Entities must purchase insurance liability for damage caused by environmental incidents
The project owner, establishments on the list of types of production, business and services of high-capacity having the risk of polluting the environment specified in Column 3 of Appendix II issued together with this Decree shall purchase liability insurance for compensation for damage caused by environmental incidents.
Investment projects, establishments on the list of types of production, business and services of high-capacity having the risk of polluting the environment must purchase insurance liability for compensation for damage caused by environmental incidents extracted from Appendix II as follows.
The Law provides for 11 policies of the State on environmental protection; including policies to create favorable conditions for agencies, organizations, communities, households and individuals to participate in the implementation, inspection and supervision of environmental protection activities; policies to strengthen scientific research, develop the technology of pollution treatment, recycling, waste treatment; prioritize the transfer and application of advanced technology, high technology, environmentally friendly technology, the best existing techniques; strengthen human resource training in environmental protection. The law also specifies 14 prohibited acts in environmental protection activities, including discharging wastewater and discharging untreated emissions that do not meet environmental technical regulations. Organizations and individuals committing acts of polluting the environment must be responsible for compensation for damage caused by pollution and environmental degradation.
On January 10, 2022, the government continued to issue Decree No.08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection. Notably, in relation to obligation for compensation, the decree has detailed provisions that several industries must purchase liability insurance for compensation for damage caused by environmental incidents, stipulated in the Decree as follows:
Section 2. LIABILITY INSURANCE FOR COMPENSATION FOR ENVIRONMENTAL DAMAGE; INCENTIVES AND SUPPORTS ON ENVIRONMENTAL PROTECTION
Article 130. Entities must purchase insurance liability for damage caused by environmental incidents
The project owner, establishments on the list of types of production, business and services of high-capacity having the risk of polluting the environment specified in Column 3 of Appendix II issued together with this Decree shall purchase liability insurance for compensation for damage caused by environmental incidents.
Investment projects, establishments on the list of types of production, business and services of high-capacity having the risk of polluting the environment must purchase insurance liability for compensation for damage caused by environmental incidents extracted from Appendix II as follows.
For more details, refer to the full text of the Decree attached here>>>
The above is only information/ update related matters from a risk/insurance perspective and for your information. To find out more information regarding risks exposures typically associated with your industry and Environmental Pollution Liability simply call one of our team of insurance specialists.
Have a query or question? Please call us on +84 (28) 3514 7969 or email us at enquiry@aegisrs.com for further advice!
The above is only information/ update related matters from a risk/insurance perspective and for your information. To find out more information regarding risks exposures typically associated with your industry and Environmental Pollution Liability simply call one of our team of insurance specialists.
Have a query or question? Please call us on +84 (28) 3514 7969 or email us at enquiry@aegisrs.com for further advice!