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 : Assoc Prof., Dr Pham Van Loi 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 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 Nguyen Huu Hoa (2017), “Current situation and solutions to prevent environmental crimes in Vietnam nowadays”, Journal of People's Court Vol 14, July 2017 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 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 Nguyen Huu Hoa (2005), “However it is applied, it’s correct”, Journal of People's Court Vol 19, October 2005 INTRODUCTION 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 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 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 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; - 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 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 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 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 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 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 of the thesis 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 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 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 Structure of the thesis In addition to the introduction, conclusion and reference list, the thesis includes chapters as follows: Chapter 1: Overview of the research situation Chapter 2: The current situation of environmental crimes in Vietnam 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 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 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 10 - 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 11 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 12 - 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 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 13 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 14 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 15 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 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 16 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 17 - 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 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: 18 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 19 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, 20 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 21 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 22 + Take advantage of international funding sources, especially that by the "Global Environment Fund" to mobilize and receive loans for the purpose of preventing environmental crimes + Strengthen cooperation on personnel training, scientific research and technology transfer to prevent and fight against environmental crime At the same time, to expand cooperative relations, attract more projects of governments, non-governmental organizations and international organizations to support Vietnam to protect the environment (national conservation parks, biosphere reserves and conservation of rare and precious wildlife ) + It is needed to create conditions for officials of law enforcement agencies to strengthen foreign relations and study experiences of other countries to apply to the reality of Vietnam, improve effectiveness and efficiency of law enforcement 4.3.6 Establishment of Environmental Court The author proposes that the establishment of an Environmental Court as a specialized Court in the People's Court system is appropriate and will contribute to improving the effectiveness of preventing environmental law violations in general and environmental criminals in particular CONCLUSION After studying all issues under the task and purpose of the thesis, the author has some conclusions as follows: Firstly, environmental protection is an extremely important issue, which is always paid a lot of attention by the Party and the State Although there are many studies on environmental crimes under different angles, however, from the perspective of criminology and crime prevention, there 23 has not been any research works on this issue Therefore, in the scope of the thesis, the author has studied the situation of environmental crimes in Vietnam, explored the causes and conditions for generating this type of crime, on that basis forecast the environmental crime situation in the coming years, at the same time offered some feasible measures to limit and then move towards elimination of this criminal group from social life Secondly, environmental crimes in the period of 2008-2018 sometimes witnessed increase and decrease, but generally there is a tendency to increase However, this criminal group accounts for a small proportion (about 0.34%) of the total number of crimes nationwide The handling of environmental crimes also faces many difficulties and obstacles In fact, only two crimes can be handled including destroying forests and violating regulations on the protection of rare and precious wild animals Environmental criminals also have a very high hidden rate compared to other criminals Thirdly, the main cause of environmental crimes comes from economic benefits, shortcomings in the management of the environment, as well as limited awareness on compliance with the law on environment protection of many individuals and businesses Fourthly, on the basis of studying the crime situation, causes and conditions to commit crime, the author has introduced a number of measures to limit and prevent environmental crime from occurring, which helps ensure that everyone can be able to live in a clean environment as affirmed in the 2013 Constitution./ 24 ... crimes in Vietnam 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... [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... 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