Suggested legal amendments to improve vietnamese environmental damage compensation law
Lessons from the European Union
Bibliographic Data
| ID | 22110414 |
|---|---|
| Authors | Thiet Tran Cong (0000-0002-1504-7122, The University of Law, corresponding author) |
| Year | 2026 |
| Volume | 12 |
| Issue | 1 |
| Publication date | 2026-12-31 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Cogent Social Sciences (JOURNAL) |
| Journal identifiers | ISSN: 2331-1886 • E-ISSN: 2331-1886 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/23311886.2026.2632406 |
| OpenAlex | W7130652669 |
| Language | EN |
| References cited | 22 |
This article argues that reforming Vietnam’s legal framework for environmental damage compensation (EDC) is essential to achieving sustainable economic development and effective environmental governance. Through a comparative analysis of Vietnam’s Law on Environmental Protection 2020 and the European Union’s Environmental Liability Directive (Directive 2004/35/EC), the study identifies two structural weaknesses in Vietnam’s current regime: ambiguous liability exemptions that undermine consistent enforcement, and the absence of an effective collective litigation mechanism to safeguard community interests. In contrast, the EU framework provides clearer liability standards and institutionalized collective redress mechanisms that enhance accountability and access to justice. Drawing on these comparative insights, the article advocates for harmonizing Vietnam’s exemption regime and institutionalizing collective litigation as core components of environmental governance reform. It proposes a set of normative and institutional reforms inspired by EU experience to strengthen legal certainty, improve enforcement effectiveness, and better protect the right to a healthy environment, thereby supporting Vietnam’s long-term sustainable development
Damages · European union · Legislation · Vietnamese · Environmental Conservation and Management · Environmental law and policy · International Environmental Law and Policies
| Citation velocity | historical |
|---|---|
| Highly cited | No |