베트남 환경분쟁해결제도의 문제점 및 개선방안 - 대표적 환경사고를 중심으로 -

Environmental disputes are conflicts over the legitimate rights and interests of entities, which are the inevitable consequences of acts that cause environmental damage such as environmental pollution, environmental degradation, or environmental incidents. To meet the requirements of promptness, timeliness, economy, and fairness in environmental dispute settlement, environmental conflicts of interest in Vietnam are not only limited to the process of settling environmental disputes through a Court's decision (intra-procedural dispute resolution) but can also be conducted by alternative dispute resolution methods - ADR (out-of-court dispute resolution). Through the process of amending, and suspending the legal system on environmental protection, the ways of resolving environmental disputes are considered to have established progressive and appropriate regulations in terms of nature and requirements for settlement of the environmental dispute resolution. However, several existing problems are causing significant barriers to adequately protecting public and private interests in environmental relations when environmental losses arise. This study introduces, analyzes, and evaluates the current status of environmental dispute resolution processes according to court proceedings and alternative dispute resolution methods through particular environmental dispute cases. Based on existing legal limitations, proposing solutions to improve the efficiency of environmental dispute settlement in Vietnam to support a closer approach to realizing the requirements of creating a balance between economy, society and the environment when conducting activities for profit in Vietnam the next time.