Các tội phạm về môi trường ở việt nam tình hình, nguyên nhân và giải pháp phòng ngừa tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

NGUYEN HUU HOA

ENVIRONMENTAL CRIMES IN VIETNAM: SITUATION,
CAUSES AND PREVENTIVE SOLUTIONS

Major: Criminology and Crime Prevention
Code: 938 01 05

SUMMARY OF THE PHD THESIS IN LAWS

HANOI - 2019


The Works is completed at:
GRADUATE ACADEMY OF SOCIAL SCIENCES
VIETNAM ACADEMY OF SOCIAL SCIENCES

Supervisors : 1. Assoc. Prof., Dr. Pham Van Loi
2. Dr. Pham Minh Tuyen

Defender 1: Prof., Dr. Nguyen Ngoc Anh

Defender 2: Prof., Dr. Ho Trong Ngu

Defender 3: Dr. Nguyen Van Hien

The Thesis will be defended to the Academy level thesis evaluation
council convening at the Graduate Academy of Social Sciences at: … dated

on… day/… month/… year.

The Thesis can be found at:
- The National Library
- The Library of the Graduate Academy of Social Sciences


LIST OF PUBLISHED THESIS-RELATED SCENTIFIC WORKS
1. Nguyen Huu Hoa (2018), “Administrative and criminal handling
for environmental violations for enterprises in Vietnam - Laws and
practices”, Journal of People's Court Vol.10, June 2018.
2. Nguyen Huu Hoa (2017), “Current situation and solutions to
prevent environmental crimes in Vietnam nowadays”, Journal of People's
Court Vol. 14, July 2017.
3. Nguyen Huu Hoa (2016), “New points in the chapter on
environmental crimes of the 2015 Criminal Code”, Journal of People's Court
Vol. 10-11, June 2016.
4. Nguyen Huu Hoa (2013), “Criminal acts of Nguyen Van A belong
to "recidivism" or “dangerous recidivism””, Journal of People's Court Vol.
23, December 2013.
5. Nguyen Huu Hoa (2005), “However it is applied, it’s correct”,
Journal of People's Court Vol. 19, October 2005.


INTRODUCTION
1. The necessity of the thesis
In recent decades, countries around the world as well as Vietnam
have been facing environmental security issues. Demand for production
development and improvement of living standards of people makes
production and consumption increasing. Running after profits is still the

ultimate goal of many businesses and producers. Therefore, environmental
crimes occur more and more frequently in a more complicated way and the
struggle, fight and prevention is not easy.
In Vietnam, in recent years, the environmental crime situation has
been very alarming. We do not have a clear, complete program or plan for
controlling greenhouse gas emissions. Pollution of soil, water and air and
the decline of biodiversity have not been effectively controlled, some plants
and animals are in danger of extinction. Production is still developing
towards a wide direction with primitive and backward techniques. The
awareness of people, businesses and communities as well as a part of
managers and leaders is not high. This makes environmental crimes at risk
of complicated development. Fighting against environmental crimes is a
very urgent task.
According to the report of the Environmental Police Department, in
the 11-year period from 2008 to 2018, the National Police for
Environmental Crime Prevention and Control has discovered and handled
124,226 violations of environmental law; In which, as many as 2,847 cases
with 4,839 subjects have had their documents transferred to the criminal
investigation agency, accounting for 2.29% [14]. The above statistics show
that the situation of environmental law violations in general and
environmental crimes in particular is in fact very complicated, with a great
number of discoveries while the number of cases transferred to competent
agencies for investigation, prosecution, suing, trial has accounted for a very
small percentage. Most cases only stop at administrative handling measures
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against violations, so there is a lack of strict deterrence, leading to the fact
that many cases, violations are repeated many times and in a long time, the
violator is ready to pay an administrative fine and then continue to commit

the violation.
The work of preventing environmental crimes has initially achieved
certain results. But in general, there are still many difficulties and obstacles
while the effectiveness is still low compared to the complex nature of the
practical situation. Moreover, since 2008, there has not been any nationwide
research work on this issue, so it is necessary to have a comprehensive
study of environmental crimes in Vietnam from the perspective of
criminology to find a system of feasible solutions to curb the rise and
reduce crimes in general and environmental crimes in particular. For the
above reasons, the PhD student selected and studied the topic:
"Environmental crimes in Vietnam: Situation, causes and preventive
solutions" as his doctoral thesis in Laws.
2. Research purpose and task of the thesis
2.1. Research purpose
The general purpose of the thesis is to build a system of measures to
prevent the situation of environmental crimes in Vietnam, contributing to
improving the effectiveness of the fight against environmental crimes at the
moment and in the next years.
2.2. Research task
To achieve the above purpose, the thesis has the following tasks:
- To have an overview of the research situation of domestic and
foreign works related to the prevention of environmental crime, general
assessment of the scope and level of research of these works in order to
identify the inherited content and identify issues that need to be further
studied in the thesis.
- To analyze the theoretical basis of environmental crimes in
Vietnam;
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- To carry out in-depth study of the environmental crimes situation in
Vietnam from 2008 to 2018. From theoretical issues about the situation of
environmental crimes, the thesis shall clarify the parameters: Situation,
developments, structure, nature of the current environmental crime situation
in Vietnam and at the same time it shall assess the hidden crime situation of
this crime group.
- To identify theoretical issues about the causes and conditions of
environmental crime. From there, the thesis shall analyze and clarify the
causes and conditions of the situation of environmental crimes and the
impacting mechanism of the factors that are the causes and conditions in
creating environmental crimes in Vietnam;
- To make predictions for environmental crimes in the coming years;
- To propose a system of measures to prevent environmental crimes
to improve the effectiveness of the fight against environmental crimes in
Vietnam nowadays and in the following years.
3. Research objects and research scope of the thesis
3.1. Research objects
Research objects of the thesis are theoretical and practical issues of
the situation, causes, conditions and solutions to prevent environmental
crimes in Vietnam.
3.2. Research scope
- In terms of the content: The thesis is studied under the perspective
of criminology.
- In terms of time: The thesis collects and studies the statistics of the
Supreme People's Court during 11 years, from 2008 to 2018 and studies
some criminal judgments of first instance trials on environmental crimes in
recent years.
- In terms of space: The thesis carried out its research across the
country.

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4. Methodology and research methods of the thesis
4.1. Methodology
The theoretical bases for studying the topic is dialectical materialism,
historical materialism, Marxist-Leninist theory and Ho Chi Minh's thoughts on
the State and the law, the Party and State's guidelines in the prevention and fight
against crimes in general and environmental crimes in particular in each period.
On the basis of the Party's innovative perspective in all areas of social life,
the issue of ensuring that people can live in a clean environment is a matter of
great concern to the Party and the State, because only when the clean and healthy
environment is guaranteed, the goal of sustainable socio-economic development
is achieved.
When some common issues about environmental crimes, the situation,
causes and conditions of environmental crimes are studies, it means to study the
problems from the perspective of criminology, consider them in dynamic
development state to find objective rules.
When dealing with environmental crime issues, it is necessary to follow
the order: Identifying environmental crimes, determining the situation and causes
of environmental crimes, based on analyzing and evaluating them to grasp the
characteristics, structure, evolution, extent and nature of this type of crime,
forecast the situation of environmental crimes in the coming time, then make
necessary recommendations.
In the study, in addition to giving true and formal views, the thesis also
analyzes different points of view on issues related to the topic, and analyzes some
cases to clarify the viewpoints.
4.2. Research method
The main method used in the research process of the thesis is the
dialectical method; in addition the thesis also uses specific methods of

criminology. Specifically, it is the inductive method, the translation;
describe; compare; analysis, synthesis, criminal statistics; history; system;
Studying the records and expert methods. In order to effectively implement
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the research purpose, the thesis closely combines methods throughout the
research process of the entire thesis content. Depending on the objective
factors and the research object of each chapter and section in the thesis, the
author will focus and apply different methods accordingly.
- Systematic methods of survey, analysis, comment, logical
reasoning, comparison, synthesis ...: Using this method, the researcher used
to clarify the overview of the research situation of the thesis in Chapter 1 in
order to draw the results of the research works related to the thesis, as well
as identify the issues that the thesis needs to continue to study.
- Methods of analysis, synthesis, comparison, statistics, system,
induction, interpretation, study of documents ... are used in Chapter 2 of the
thesis to clarify the general features of crime environment as well as
analyze and clarify the parameters of environmental crime situation in
Vietnam in the current period.
- Methods of seminars and seminars via experts: Using this method,
the researcher who directly attends scientific conferences that are directly
related to the research topic of the thesis shall learn, exchange views and
interview experienced experts in the fight against environmental crimes to
assess the hidden part of the environmental crime situation in Vietnam in
Chapter 2, the causes and conditions of environmental crimes in Chapter 3,
forecast environmental crime situation and solutions to strengthen the
prevention of environmental crimes in Vietnam during the period in
Chapter 4 of the thesis.
5. New scientific contributions of the thesis

First, the thesis provides the latest parameters of the environmental
crime situation in Vietnam from 2008 to 2018, especially the assessments of
the hidden part of the environmental crime situation. Secondly, it analyzes and
clarifies the causes and conditions of the environmental crime situation in
Vietnam in the past according to separate fields such as: Economic, cultural,
social, legal, team management, management fields...
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Thirdly, it forecasts the situation of environmental crimes in Vietnam in
the coming time by assessing the current impacts on the economy, politics and
society in the country and all over the world. At the same time, it provides
specific forecasts about the current situation, development, structure and nature
of this criminal group in the coming time.
Fourthly, it provides solutions to prevent environmental crimes in
Vietnam in the coming time in many aspects, many sectors and many fields.
6. The theoretical meaning and practical meaning of the thesis
6.1. Theoretical meaning
The thesis is the first research works on environmental crimes in
Vietnam from the perspective of criminology to bring out scientific
arguments and theoretical as well as practical orientations and solutions in
order to perfect the legal regulations on environmental crimes, propose
solutions to help improve the effectiveness of preventing this group of
crimes, meeting the requirements of building and perfecting the Rule of
Law socialist State of Vietnam. Research results of the thesis contribute to
supplementing and completing the theory in

environmental crime

prevention in Vietnam.

6.2. Practical meaning
The thesis is a scientific works that can be used for reference in the
fight against environmental crime in Vietnam. At the same time, the thesis
is also of reference significance in research, teaching, studying criminal
code and criminology.
7. Structure of the thesis
In addition to the introduction, conclusion and reference list, the
thesis includes 4 chapters as follows:
Chapter 1: Overview of the research situation
Chapter 2: The current situation of environmental crimes in Vietnam

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Chapter 3: Causes and conditions of the current environmental crime
situation in Vietnam
Chapter 4: Solutions to strengthen prevention of environmental crimes in
Vietnam
Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
1.1.

Domestic research situation

1.1.1.

Theoretical research works on environmental crimes

This group of works has some typical works as follows:
- Criminal Code curriculum of Hanoi Law University [94]; Vietnam's

Criminal Code curriculum (criminals part) of Prof. Dr. Vo Khanh Vinh
[114]; Criminal Code curriculum (criminals part) of Ho Chi Minh City
University of Law [98]; Vietnam's Criminal Code curriculum (criminals
part) edited by Prof. Scientific Dr. Le Cam [15].
- Scientific comments on Criminal Code, criminals part by Master
Dinh Van Que (2005), General Publishing House, Ho Chi Minh City [61];
- The book called "Environmental Crime - Some theoretical and
practical issues" by Assoc. Prof. Dr. Pham Van Loi, 2004.
- The book called "Environmental Crime in Vietnam's criminal law Current situation and orientation for perfection" of the Ministry of Natural
Resources and Environment, 2015
1.1.2. General theoretical research works on criminology and crime
prevention.
- Criminology Curriculum of Prof. Dr. Vo Khanh Vinh, reprinted in 2013,
this is a handbook on criminology theory.

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- Criminology Curriculum by Hanoi Law University, People's Public
Security Publishing House in 2006.
- Criminology in Vietnam - Some theoretical and practical issues, by the
Institute of the State and Law, published by People's Public Security Publishing
House in 2000.
- Modern criminology and crime prevention, by Prof. Dr. Nguyen Xuan
Yem, published by People's Public Security Publishing House in 2001.
- The book called "Some theoretical issues about crime situation in
Vietnam" by Assoc. Prof. Dr. Pham Van Tinh, 2007.
- "Victim of Criminals" by Tran Huu Trang, Vietnam Education
Publishing House, 2011. In the works the author studies issues related to victims
of criminology, the signs of victims in criminology, how it can be considered as a

victim, at the same time gives factors, situations of becoming a victim of
criminals. One of the causes of crime also partly comes from victims.
1.1.3. Studies on the situation, causes and preventive solutions for
criminal groups in general and environmental criminals groups in particular.
- Doctoral thesis "Crimes of infringing on national security in
Vietnam: Situation, causes and preventive measures" by Nguyen Thi Thanh
Thuy, 2017.
- Doctoral thesis "Fighting against drug prevention and fight in Ho
Chi Minh City" by Huynh Van Em, 2015.
- Doctoral thesis "Activities to prevent environmental criminals
according to the function of the police force on prevention and control of
environmental criminals in the process

of

industrialization and

modernization of the country" by the author Dinh Tien Quan, 2013
- Doctoral thesis "Activities to prevent environmental crimes and
legal violations in the industrial zones according to the function of the
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police force on environmental protection and prevention" by the author
Dang Thu Hien, 2013 .
- Doctoral thesis "Prevention, detection of environmental crimes and
legal violations in the Red River Delta region according to the function of
the police force to prevent environmental violations" by the author Nguyen
Van Minh in 2014.
- Doctoral thesis "Preventing criminals and violations on

environmental protection law in Hanoi city" by the author Tran Quoc To, in
2013 at the People's Police Academy.
- Doctoral thesis "Activities of environmental police forces in
preventing criminals causing water pollution in Hanoi city" by the author
Nguyen Dinh Chien, 2014.
- Doctoral thesis "Fighting to prevent, combat against forest
destruction crime in the Central Highlands provinces" by the author
Nguyen Van Nghiep, 2016.
1.2. Foreign research situation:
It can be mentioned some works as follows:
- Socialist criminology (1971) by E. Buchholz, R.Hartmann,
J.Lekschas and G. Stiler, Staatsverlag Berlin Publishing House. The authors
have mentioned some basic issues of criminology from Marxist point of view.
- Monograph called "Environmental Crime" by authors Mary
Califford and Terry D. Edwards, Jones & Bartlett Publishers, 2011.
- Monographs: Environmental crime in Australia Instilute of
Australia criminilogy researching, 2010 by Samantha Bricknell.
- The doctoral thesis "Environmental crime: Evidence gathering and
Investigatvie" by Steven C. Drielak, 1998, Michigan University, USA

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mentioned in the foreign research situation of the doctoral thesis by the
author Tran Quoc To, 2013.
1.3. General assessment of the research situation related to the
topic and the issues that need further research in the thesis
1.3.1. Assessment of yielded research results
The results that the thesis will inherit and continue to develop some
theoretical, practical and solutions can be summarized as follows:

* About the situation of environmental crimes in Vietnam
- Some research results of the works have pointed out the characteristics
of environmental crimes, some characteristics of personalities of environmental
criminals. These are important and meaningful contents for the author to be
able to inherit and develop when studying the structural parameters of
environmental criminal situation in Vietnam.
- Research results of some works have clarified the situation of some
crimes in the group of environmental crimes such as: Crime of violating
regulations on protection of rare and precious wild animals, forest destruction...
These researches have given data on the number of cases, the number of
criminals in the group of environmental crimes, thereby assessing the level,
structure and nature of each type of crime.
- Some studies also mention the situation of environmental crimes in
general, which mainly focuses on analyzing the evolution of this type of crime
over a certain period of time, thereby asserting that environmental criminals
tends to increase. In addition, the works also have a comparison between
environmental criminal groups and criminals in general and affirm that the
group of environmental crimes accounts for a low rate in the structure of
criminals in general.

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- Some studies have clarified the current situation of prevention and fight
against environmental crimes by environmental police forces, which mainly
focuses on evaluating the results and limitations and shortcomings of
Environmental police forces in the prevention and fight against this type of crime.
- Research results of a number of works mention the criminal legislative
history of environmental crimes in Vietnam, indicate the political, economic
and social situations of each stage in the history, having a direct impact on the

situation of environmental crimes in each of those periods. On that basis, the
thesis thoroughly explains the evolution of environmental crimes in a certain
period of time in Vietnam.
* About the causes and conditions of environmental crime situation
in Vietnam
- Research results of some works have initially pointed out some
causes of environmental crimes in Vietnam or the cause of a crime in the
group of environmental crimes. The research works have chosen the
approaches to the causes and conditions of different criminal situations, so
there is no agreement but the thesis has also focused on clarifying the
causes and assessing on certain areas of environmental crime situation.
These are the contents of the author will inherit in the thesis. However, as
the theory on the reasons and conditions of criminal situations is not
unified, the author will give directions on the theoretical approach to the
causes and conditions of criminal situations in general, based on which to
determine accurately, thoroughly the causes and conditions of the current
environmental crime situation in Vietnam.
* About solutions to prevent environmental crimes in Vietnam
Many scientific works and articles have mentioned solutions to
prevent environmental crimes in Vietnam or in a specific province or
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region. In addition, there is also a work to provide preventive measures for
a specific type of crime in the group of environmental crimes. Preventive
measures focus on a number of directions such as: Focusing on building
and perfecting the legal system on environmental protection, especially the
legal system in the fight against environmental crime; continuing to
innovate and effectively implement the state management on environmental
protection; propagating, disseminating and educating law to individuals and

organizations on environmental protection; strengthening and improving the
operational efficiency of the most legal protection agencies, especially the
Environmental Police force in detecting and handling environmental
crimes... These are incomplete and incomprehensive oriented preventive
measures. However, it is also a great inheritance source for the author to
propose solutions to prevent environmental crimes in Vietnam in a realistic,
feasible and effective manner.
1.3.2. Issues that need further research in the thesis
Firstly: To analyze the theoretical bases for the legal provisions on
environmental crimes, thereby identifying and distinguishing environmental
crimes against administrative violations and other types of crimes. In
particular, for the current law, the author will analyze the limitations and
obstacles when applying the provisions of the Criminal Code to
environmental crimes.
Secondly: To study to clarify the characteristics of environmental
crimes through a full analysis of parameters such as levels and
developments; structure and nature of environmental crime situation;
consequences of environmental crimes and hidden parts of environmental
crimes in the 2008-2018 period.

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- To apply the theories of criminology to analyze and clarify the causes
and conditions of the environmental crime situation as a criminal group.
- To forecast the situation of environmental crimes in our country in
the coming years and propose a system of solutions to prevent the situation
of environmental crimes, contributing to improving the effectiveness of the
fight against environmental crimes in our country in the coming time.
Chapter 2

ENVIRONMENTAL CRIMINAL SITUATION IN VIETNAM
NOWADAYS
In this chapter, the thesis studies to clarify the following issues:
Theoretical overview of environmental crime situation and clarification of
environmental crime situation in Vietnam in the 2008 - 2018 period.
2.1. Overview of environmental crimes and environmental crime
theory
2.1.1. Overview of environmental crimes in Vietnam
Environmental crimes are dangerous acts to the society as stipulated
in the Criminal Code, intentionally or unintentionally infringement by
criminals or commercial legal entities, infringing social relations related to
the preservation and protection of the clean environment, the rational use
of natural resources and the assurance of ecological security for the
population communities which

must be faced to criminal handling

according to regulations.
2.1.2. Theoretical issues of environmental crime situation in Vietnam
2.1.2.1. Definition of environmental crime situation in Vietnam
Based on the definition of crime situation recorded in some
documents and based on the characteristics of environmental crimes, there
is a group of criminals violating social relations with the same nature, which
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can be generalized in the situation of environmental crimes as follows: The
situation of environmental crimes is a concept of criminology that refers to the
total of specific crimes that violate the environment in one space (one a
country, an area, a region, ...) and within a certain period of time.

Thus, it can be seen that the environmental crime situation mentioned
in the thesis is the overall environmental crimes occurring in the whole
country from 2008 to 2018.
2.1.1.2. Theory on the presence part of the environmental crime
situation
The author approaches the situation of environmental crimes through
parameters that reflect its quantity and quality, in which parameters
reflecting the quantitative aspects of the environmental crimes situation are
expressed by the current situation concept (level) and activities
(developments) of environmental crime situation, and parameters reflecting
the qualitative aspects of environmental crime situation are represented by
structural concepts, nature of environmental crime situation.
2.1.1.3. Theory about the hidden part of the environmental crime
situation
The author agrees with the opinion of Assoc. Prof., Dr. Pham Van
Tinh: The situation of hidden criminals is a general overview of criminal
acts and factors of those acts that were actually implemented at a certain
time and in a certain administrative-territorial region that has not been
discovered by the authorities, has not been criminally handled or not
included in criminal statistics [83, p.35].
2.2. The presence part of the current environmental crime
situation in Vietnam

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Through the statistics of the Supreme People's Court, the author
clarified the status, development, structure and nature of the environmental
crime situation in Vietnam in the period of 2008-2018.
2.2.1. Current situation of environmental crime situation

According to the statistics of the Supreme People's Court, the number
of environmental crimes from 2008 to 2018 brought to trial nationwide is
2,320 cases; as many as 3,961 of the defendants have accounted for 0.34%
of the total nationwide criminal cases, which accounts for 0.35% of the total
number of criminals in all types of crimes. (In 11 years from 2008 to 2018,
the total number of criminal cases received and handled for first instance
trial by the People's Courts is 664,710 cases, with 1,142,754 defendants).
2.2.2. The evolution of the environmental crime situation
From 2008 to 2018, the number of cases and the number of
defendants brought to trial on environmental crimes in Vietnam had
increased or decreased unevenly, without any rule. However, the overall
trend is to increase, in the 10-year period from 2008 to 2018, in 2010 there
witnessed the lowest number of cases and the number of environmental
crimes brought to trial with 123 cases and 208 defendants. Meanwhile, the
highest number was seen in 2013 with 294 cases with 582 defendants.
2.2.3. Structure of environmental crime situation
Based on the study of the structure of environmental crimes such as:
Crime-based structure; criminal sanction structure... from which specific
characteristics on the situation of environmental crimes in the period of 20082018 can be drawn.
2.2.4. The nature of the environmental crime situation in Vietnam
Firstly, violations against environmental protection are very diverse,
becoming more and more serious and the impact of this type of crime on
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the natural environment, ecological environment as well as life and health,
human property is very complex while the methods of criminal tricks are
becoming more and more sophisticated, cunning and difficult to detect.
Secondly, the subjects of acts of causing environmental pollution are
mainly legal entities and enterprises.

Thirdly, the method of implementing violations of the law on
environmental protection is performed by a thorough calculation with many
different tricks.
2.3. The hidden part of the current environmental crime situation in
Vietnam
The research on the situation of environmental crimes in Vietnam
shows that there is still a very large proportion of environmental violation
acts in the period of 2008-2018 that have not been discovered and dealt
with due to many different causes.
Chapter 3
CAUSES AND CONDITIONS OF ENVIRONMENTAL CRIME
SITUATION IN VIETNAM NOWADAYS
3.1. Theoretical overview of the reasons and conditions of
environmental crime situation
In this section, on the general theoretical bases on the causes and
conditions of crime situation, the author has clarified the causes and
conditions of environmental crime situation in Vietnam as a crime group.
This is a theoretical basis for the author to clarify the causes and conditions
of environmental crime situation in Vietnam in the period of 2008 - 2018.
Accordingly: The causes and conditions of the environmental crime
situation are the interaction between social phenomena and processes that give
rise to a group of environmental criminals and the interaction between personal
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characteristics of the criminals with external living environment, which leads to
the development of a specific crime among environmental crimes.
3.2. Causes and conditions of environmental crime situation in
Vietnam
3.2.1. Common causes and conditions giving a rise

to

environmental crime
3.2.1.1. Socio-economic causes
3.2.1.2. Cultural-educational causes and conditions
3.2.1.3. Causes and conditions on the state management
3.2.1.4. Causes and conditions on policy, law
3.2.1.5. Causes and conditions resulting from limitations in the fight
against environmental crime.
3.2.1.6. Causes and conditions resulting from limitations in
propaganda on environmental crime prevention and control.
3.2.2. Causes and conditions giving a rise to environmental crimes in
specific fields.
In addition to the general causes and conditions giving a rise to the
above-mentioned environmental crime situation, it is necessary to study and
consider the causes and conditions of the environmental crime situation in
each specific domain for full and comprehensive analysis and clarification,
specifically:
- Causes of environmental crimes in the field of industrial
production.
- In the field of agriculture, rural areas, craft villages.
- In the field of basic construction.
- The main cause of criminals and legal violations in the field of
biodiversity.
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- The main cause of criminals and environmental legal violations in
the field of trade, import and export.

- In the field of hazardous waste management.
- The main cause in the field of health, food hygiene and safety.
Chapter 4
SOLUTIONS TO ENHANCE PREVENTION OF
ENVIRONMENTAL CRIME SITUATION IN VIETNAM
4.1. Current situation of preventing environmental crime in
Vietnam
In this section, the author has clearly stated the achievements,
limitations and causes of limitations in the prevention of environmental
crimes over the past time.
4.2. Forecast of environmental crimes in Vietnam in the coming time
In this section, the author has made some forecasts about the current
situation of environmental crimes in the coming time in the areas such as: in
the field of industrial production; in the field of trade, import and export; In
the field of hazardous waste management; biodiversity...
4.3. Solutions to strengthen prevention of environmental crimes
in Vietnam
4.3.1. Strengthening propaganda, dissemination, education of legal
awareness about environmental crimes
The author proposes to promote the propaganda, dissemination and
education on environmental crimes with suitable content and forms to the
subjects, meeting the requirements of fighting against environmental crimes in
the coming time. Therefore, it is necessary to:

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Firstly: Strengthen the leadership of all-level party committees and local
authorities in the dissemination and education of law on environmental crimes. In
particular, the focus should be on the following issues:

- Clearly determining the position and responsibilities of Party agencies,
state agencies and organizations in law dissemination and education activities;
- Setting out the objectives and orienting the content and identifying the
subjects that need legal education about environmental crimes in each period
accordingly;
- Checking, evaluating and learning experience from the leading, directing
and implementing the dissemination and education of environmental laws
according to defined orientations.
Secondly: Regularly educate, propagate and provide necessary knowledge
about the environment and ecology for the public and enterprises through mass
media such as newspapers, radio and television, pictures, through training
sessions ... Through which good examples of environmental protection can be
given. At the same time it is requested to regularly announce the strict legal
punishments for those who violate the law on environmental protection.
Thirdly: Building and strengthening the team of environmental reporters
on skills, professional knowledge, and at the same time to be fully equipped with
necessary material conditions to meet the requirements for those who are
disseminated, especially the dissemination of environmental knowledge in
general and environmental crimes in particular to the target group of enterprises
operating in production which are at risk of causing high pollution in production
facilities in craft villages.
4.3.2. Strengthening state management activities on environmental
protection

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Firstly, to raise awareness and change behavior of the community
and people about rights and responsibilities for environmental protection;
improve quality and innovate the propaganda, education and dissemination

of laws on environmental protection; put the environmental protection
education program into the high school curriculum; build an effective
coordination mechanism between the central and local authorities in
organizing major environmental events and holidays.
- Secondly, to enhance the effectiveness and efficiency of state
management tools and measures on environmental protection such as:
improving effectiveness and efficiency in implementing strategic
environmental assessment, environmental impact assessment; speed up the
inspection and examination of the law observance on environmental
protection, fight against environmental crime; strictly implement measures
to prevent and stop the introduction of obsolete and out-of-date
technologies,

machinery,

means

and

equipment

that

can

cause

environmental pollution to be used; strengthening measures to control the
source, the storage, transportation, treatment and disposal of waste,
especially hazardous waste; build and implement investment projects to

complete the system of national environmental observation stations; build
capacity to forecast, warn, proactively prevent, mitigate and reduce natural
disasters and adapt to climate change; actively participate in assessing
impacts on the environment and biodiversity; formulate and implement a
roadmap to restructure the economy in the direction of restriction and
towards elimination of those types of production which are likely to cause
serious environmental pollution.
- Thirdly, to have an effective mechanism to mobilize capital in the
society to invest in environmental protection. Strengthening and
diversifying financial resources for environmental protection, focusing on
investment in construction of concentrated facilities for treatment of solid
waste and household wastewater; upgrading and renovating lakes, ponds,
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canals and ditches, rivers flowing through urban areas residential areas,
which are polluted and contaminated with chemicals, plant protection
pesticides, dioxin during the war. Focus on completing mechanisms and
policies to mobilize resources from economic

sectors,

socialize

environmental protection activities. To thoroughly grasp, effectively apply
and concretize the principles that polluters must pay expenses for handling,
overcoming consequences, improving and restoring the environment; Those
who benefit from natural resources and environment must be obliged to
contribute back to investment in natural resource management and
environmental protection..

4.3.3. Perfecting criminal law provisions on environmental crimes
Firstly, it is necessary to have detailed instructions for retrieving
penal liabilities for legal entities, especially the time limit for retrieving
penal liabilities for legal entities. At the same time, it is necessary to
prohibit individuals who have ever established one-member limited liability
companies that violated the laws from establishing new legal entities. We
believe that this is a very effective measure to prevent administrative and
criminal violations. Moreover, stricter regulation of environmental deposit
for commercial entities is required. In order to guide the determination of
damage caused by pollution and degradation to the environment, there
should be a specific guidance document issued to help authorities determine
the consequences of environmental violations. At the same time, it is
necessary to continue to study and amend the fine which is the main penalty
towards the direction of increasing the fine level for commercial legal
entities committing environmental crimes.
Secondly: To criminalize dangerous acts for society in the field of
environment such as biological weapons crimes; about safety when being
exposed to microbial toxins or other biological toxins.
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In addition, according to us, it is necessary to stipulate more
provisions of the law on the concept of environmental crimes as follows:
Environmental crimes are dangerous acts for the society prescribed by
the Criminal Code; such acts are implemented by individuals or commercial
entities, infringing on social relations related to natural environmental
protection in a convenient way and with quality, to the rational use of natural
resources and the assurance of ecological security for the population.
4.3.4.

Increasing the operational quality of legal protection

agencies in the prevention and fight against environmental crime
In particular, special attention should be paid to improving the operational
quality of the Investigation Agency, Procuracy and Court. The coordination
between the Police, the Procuracy and the Court is necessary to be stricter and
smoother, besides, it is necessary to well execute imprisonment penalties, and
ensure that all the effective judgments on environmental crimes are implemented in
time. The process for consideration of the temporary postponement of judgment
execution, temporary suspension of judgment execution and consideration for
imprisonment sentence reduction before the time limit shall be strict and accurate,
not to allow the occurrence of the negative situation. Thereby, the Court's decision
on behalf of the State shall have real value, contributing to deterring, preventing
criminals in general and environmental criminals in particular.
4.3.5. Enhancing international cooperation in the prevention and
fight against environmental crime
+ Organize and participate in environmental forums, seminars and
conferences to discuss and exchange experiences as well as learn lessons on
environmental protection. Thereby to express the views of Vietnam on
environmental protection issues in general and in the prevention and fight
against environmental crimes for countries around the world.
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