Case background: in April 2016, Formosa Ha Tinh Steel Corporation, operating in Ha Tinh province, Vietnam, illegally discharged toxic waste into the ocean. This resulted in extensive marine life fatalities and severe environmental damage across several provinces. Over 40,000 local residents suffered health and economic consequences due to contaminated waterways. 

On June 30, 2016, Formosa Ha Tinh publicly acknowledged its responsibility and was mandated to pay $500 million in compensation to the Vietnamese government. However, attempts by victims to seek justice through the Vietnamese judicial system were unsuccessful, as their lawsuits against Formosa Ha Tinh were rejected by the courts. Moreover, protesters demanding accountability were suppressed by the Vietnamese government. 

Court proceedings: In 2019, assisted by NGOs, 7,875 Vietnamese individuals filed a lawsuit in Taiwan against Formosa Ha Tinh and its major shareholders, including its parent company, Formosa Plastics Group—a multinational corporation based in Taiwan. The lawsuit claimed that through its subsidiary Formosa Ha Tinh, Formosa Plastics Group was responsible for environmental pollution that adversely affected the health and livelihoods of the plaintiffs. They argued that Vietnam’s restrictive legal environment limited their ability to seek justice locally and sought compensation for the damages caused by Formosa Ha Tinh’s pollution, which led to a marine life disaster. 

In October 2019, the Taipei District Court dismissed the lawsuit, citing lack of jurisdiction over a case involving Vietnamese nationals and events occurring in Vietnam. 

In March 2020, the Taiwan High Court upheld the dismissal. However, the victims subsequently appealed the decision to the Taiwan Supreme Court. 

In November 2020, the Taiwan Supreme Court determined that Taiwanese courts had jurisdiction over the case, citing the presence of Taiwanese defendants, including Formosa Plastics Group, headquartered in Taiwan. Additionally, key defendants, such as directors of Formosa Ha Tinh, were Taiwanese nationals residing in Taiwan. Consequently, the case was remanded to the High Court. 

However, in April 2021, the High Court agreed to assume jurisdiction over only 13 defendants who either reside in Taiwan or are headquartered there, excluding other 14 defendants, including Formosa Ha Tinh Steel Corporation, the Vietnamese subsidiary directly implicated in the disaster. 

This decision prompted an appeal by the victims to the Supreme Court, seeking to include all 24 related companies in the lawsuit. The appeal is pending. 

Related cases: 

On May 27, 2019, a complaint was filed with the United Nations Human Rights Council in Switzerland regarding the violations of victims’ rights in Vietnam. 

On June 27, 2019, Victims also filed a lawsuit in the United States Federal Court in New Jersey against Formosa USA, seeking compensation. The U.S. court case is on hold pending the outcome in Taiwan.