How are environmental complaints procedures regulated?

Environmental complaint procedures are an important basis to help individuals and organizations protect their rights when detecting environmental violations that affect health, life, or business activities. Understanding the complaint process helps ensure legal rights, motivates authorities to handle violations promptly, and contributes to raising awareness of environmental protection.

How is the right to complain about the environment regulated?

The right to complain about the environment is one of the important rights of individuals and organizations to protect their legitimate interests and contribute to promoting the environmental protection responsibility of agencies and businesses.

According to Article 163 of the Law on Environmental Protection 2020, organizations and individuals have the right to complain about violations of the law on environmental protection by agencies, organizations and individuals according to the provisions of law.

Environmental complaints are often related to acts such as illegal discharge of waste, water pollution, non-compliance with environmental protection regulations in production, construction or other violations that affect public health and the ecosystem. When detecting violations, individuals or organizations can submit a complaint to the competent authority to request review and resolution.

In addition to the right to complain, individuals also have the right to denounce violations of the law on environmental protection in order to report and request authorities to investigate and handle violations. Individuals who make complaints have their identity and rights protected and are not discriminated against when exercising this right.

Making complaints and denunciations in accordance with regulations helps enhance the effectiveness of state management of the environment, creating a healthier living environment for the community.

Competent authority to resolve environmental complaints

When you discover violations of the law on environmental protection by agencies, organizations or individuals, you can submit a complaint to the People’s Committee at the commune, district or provincial level to request an inspection and examination of environmental pollution and impact on the surrounding living space.

The People’s Committees at all levels where acts of environmental pollution occur are the competent agencies to resolve environmental complaints according to the provisions of law.

Legal basis: Points d, dd, e, Clause 1, Article 160 and Point c, Clause 1, Point c, Clause 2, Point b, Clause 3, Article 168 of the Law on Environmental Protection 2020.

Standard environmental complaint form

Currently, the law does not specifically regulate the content of environmental complaints. However, based on the law on complaints and denunciations and practicality, an environmental complaint will include the following basic contents:

1. Complaint receiving agency (regards section).

2. Complainant information:

• Full name of the complainant;
• Year of birth;
• ID card number/citizen identification card/passport, date of issue, place of issue;
• Permanent registered address;
• Contact address;
• Contact phone number.

3. Information of the person complaining:

• Full names of individuals and organizations causing environmental pollution;
• Work, residence, headquarters address (if any);
• Contact phone number….

4. Subject of complaint: Complaint about environmental pollution behavior of … , occurring at …, in the period from … to ….

5. Explanation of complaint content:

Explanation of the complaint content is the most important part of an environmental complaint, helping the competent authority understand the nature of the incident and provide appropriate handling. In this section, the complainant needs to present in detail, honestly and clearly the violation of environmental protection, the level of impact as well as the damages suffered by the complainant or surrounding people.

The explanation content needs to ensure adequate provision of important information such as:

• Where does the violation occur, in what area, and does it affect residential areas or water sources?
• When pollution begins, the level of impact increases over time or occurs suddenly?
• Specific type of pollution (air pollution, water pollution, noise, soil or other environmental impacts).
• Is the individual or organization causing the pollution, is it a business, factory or individual illegally discharging waste?
• How long does the violation last and how serious is the impact?

In addition, the complainant needs to clarify the legitimate rights and interests that are violated, such as: affecting health, disrupting daily life, causing economic loss due to not being able to use land and water resources as before. Adding evidence such as photos, videos, environmental assessment results, and opinions of surrounding people will help increase the persuasiveness of the complaint.

In addition, if a complaint has been submitted before but it has not been satisfactorily resolved, the complainant needs to clearly state the previous complaint process, the agency that received it and the resolution result (if any). Citing relevant legal regulations such as the Law on Environmental Protection 2020, the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020), and environmental technical regulations also helps strengthen the legal basis for the complaint, creating favorable conditions for the case handling process.

6. Request a complaint.

7. Commitment and signature.

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Current environmental complaint procedures

Currently, Vietnamese law does not have clear regulations on environmental complaint procedures. However, based on current legal regulations, individuals and organizations can submit complaints, denunciations or feedback directly through receiving channels such as the Department of Natural Resources and Environment, District and Commune People’s Committees or Environmental Inspectorate.

For emergencies, information can be reported via the authorities’ hotline for timely verification and processing.

The environmental complaint resolution process includes the following steps:

1. Receiving information: The authorities receive the complaint and record the reported content, including time, location, violator and level of environmental impact.
2. Verify information: The competent authority conducts a physical inspection or requests the violating party to provide information to determine the accuracy of the complaint content. Verification time is usually no more than 24 hours for serious cases.
3. Handling violations: If the complaint is well-founded, the authorities will apply measures to prevent pollution, sanction administrative violations or force redressal of consequences according to the law. For serious cases involving many localities or falling under central authority, information will be transferred to the General Department of Environment for handling.
4. Feedback on results: After processing, the receiving agency must respond to the complainant, informing them of the processing results, remedial measures and long-term resolution orientation.

In addition to filing complaints, organizations and individuals damaged by environmental pollution can also sue in court to request compensation. The statute of limitations for filing a lawsuit is calculated from the time of discovery of damage caused by violations of environmental laws.

Properly implementing environmental complaint procedures not only helps protect personal rights but also contributes to improving state management efficiency and ensuring a healthy and sustainable living environment.

Consulting on procedures and drafting environmental complaints at Long Phan

Environmental complaint drafting and procedure consulting services at Long Phan help individuals and organizations make complaints in accordance with the law, protect legal rights and request authorities to handle acts that cause environmental pollution. We provide comprehensive support from in-depth consulting, collecting evidence to drafting applications and working with authorities.

Our services include:

• In-depth consulting on acts of environmental pollution that may be subject to complaints and lawsuits.
• Instructions on how to record violation information, such as time, location, and object causing pollution.
• Support collecting images, videos, and environmental measurement results for evidence.
• Draft complaints according to regulations, ensuring clear content and complete information.
• Guidance and support in filing complaints with the correct competent authorities.
• Monitor the resolution process and update progress for customers.
• Support working with the Department of Natural Resources and Environment, People’s Committees at all levels, and Environmental Inspectorate when necessary.

The environmental complaint procedure helps individuals and organizations protect their legal rights when detecting acts of pollution, while promoting the responsibility of authorities in handling violations. Implementing complaints according to the correct procedure helps ensure a healthy living environment, limits risks and raises awareness of environmental protection. Long Phan provides quick and effective consulting and procedural support services. Contact the hotline 0906735386 immediately for detailed advice!