Abstract

Compensation for environmental damage is an important legal instrument for implementing the polluter- pays principle, remedying environmental harm, and protecting the public interest in environmental protection. Within this mechanism, the responsibility for claiming compensation—encompassing the authority to initiate claims, collect evidence, and seek compensation on the part of injured parties or competent state authorities— plays a central role, yet has received limited independent attention in Vietnamese legal scholarship. This article examines the theoretical foundations of the responsibility for claiming compensation for environmental damage based on externality theory, the public trust doctrine, and the polluter-pays principle. It also analyses the legal experience of the European Union and the United States concerning the exercise of this responsibility, reviews the current Vietnamese legal framework, and identifies major challenges in legal implementation, particularly in the context of the two-tier local government model. On that basis, the article proposes several recommendations for improving the legal framework and enhancing the effectiveness of implementing the responsibility for claiming compensation for environmental damage in Vietnam.

Keywords: Environmental damage, environmental degradation, environmental pollution, local government.