VietNamNet Bridge – The number of environment criminals is on the rise, while criminal prosecution cannot help deter them, according to Major General Nguyen Xuan Ly, Head of the Environment Crime Prevention Police Department.

Ly, when asked about how to treat environment criminals, said the criminals in robbery or murder cases would be executed, while the environment criminals, who kill several people’s generations, would only bear the VND500 million fine. Therefore, the number of environment criminals has been increasing rapidly.

The legal loopholes

The Criminal Code amended in 2009 and taking effects on January 1, 2010, stipulates 11 charges in the environment sector, while imposing heavier fines on the violators which is believed to be the “iron stick” to punish criminals.

However, the law with its stricter punishment has not helped improve the situation.

Vedan, a seasoning powder manufacturer, was caught red handed as discharging 5,000 cubic meters of dirty water a day into the Thi Vai River. The discharging of untreated waste water was believed to begin in 1994, when it became operational.

However, Vedan finally only had to pay VND200 million for its behavior of discharging untreated waste water to the environment and pay the arrears of VND120 billion in environment fee.

The slight punishment was, in fact, foreseeable, because this is stipulated in the laws.

Environment Crime Prevention Police Department said it discovers some 5,000-6,000 cases of environment law violations every year. However, the criminal prosecution was applied in some 100 cases only.

Ly said the legal loopholes were the main reason which made it impossible to punish the violators in accordance with the criminal law. Since the concepts of “serious,” “very serious,” or “causing serious consequences” have not been clarified in legal documents, thus making executors confused.

Agreeing with Ly, Pham Van Loi, Head of the Environment Management Institute, pointed out that the criminal law only stipulates the criminal prosecution against the individuals violating the laws, while does not mention the criminal prosecution against legal entities.

Meanwhile, Nghiem Vu Hai, former Chair of the National Assembly’s Science, Technology and Environment Committee, commented: “Vietnam has a system of laws, but it has not judged anyone in accordance with the laws.”

Amend laws first, punish later?

Loi has called for the urgent amendment of the Criminal Code and stipulate the criminal liability of legal entities, thus allowing to punish enterprises in accordance with the criminal law.

Deputy Chief Justice of the Supreme People's Court Tran Van Do admitted that the criminal prosecution could not be made in many cases, especially in the cases relating to economic criminals, just because of the lack of legal provisions.

However, Lawyer Cao Minh Triet from the Tien Giang provincial Bar Association, said there’s no need to spend more time to amend laws and legal documents, because the current legal framework is good enough to deal with environment criminals already.

Triet believes that if an enterprise violates the environment laws, the head of the enterprise must hold the legal responsibility.

He went on to say that this is the best solution to prevent environment crimes, commenting that the punishment is reasonable and heavy enough to deter criminals.

Thien Nhien