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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/2022/ND-CP
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Hanoi, July 07, 2022
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DECREE
PENALTIES FOR ADMINISTRATIVE ENVIRONMENTAL
PROTECTION OFFENCES
Pursuant
to the Law on Government Organization dated June 19, 2015; Law dated November
22, 2019 on Amendments to some Articles of the Law on Government Organization
and Law on Local Government Organization;
Pursuant
to the Law on Penalties for Administrative Violations dated June 20, 2012; Law
dated November 13, 2020 on Amendments to some Articles of the Law on Penalties
for Administrative Violations;
Pursuant
to the Law on Environmental Protection dated November 17, 2020;
Pursuant
to the Law on Biodiversity dated November 13, 2008;
Pursuant
to the Ordinance on Environmental Police dated December 23, 2014;
At
the request of the Minister of Natural Resources and Environment;
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Chapter
I
GENERAL PROVISIONS
Article
1. Scope
1. This
Decree provides for administrative offences, penalties, fines, remedial
measures against administrative offences, power to make administrative offence
notices, power to impose penalties for administrative offences against
environmental protection.
2.
Administrative environmental protection offences prescribed in this Decree
consist of:
a)
Offences against regulations on environmental registration, environmental
licenses and environmental impact assessment;
b) Acts
of offences against environmental pollution;
c)
Offences against regulations on waste management;
d)
Offences against regulations on environmental protection committed by
production, business and service establishments (hereinafter referred to as
“business establishments”) and industrial parks, export-processing zones,
hi-tech zones and dedicated areas for industrial production in economic zones (hereinafter
referred to as “dedicated areas for production, business and service
provision), industrial clusters, craft villages;
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e)
Offences against regulations on environmental protection during management of
persistent pollutants, raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants;
g)
Offences against regulations on prevention and control of environmental
pollution and degradation, and waste-related emergencies; reduction of
greenhouse gas (GHG) emissions, ozone layer protection;
h)
Offences in relation to nature and biodiversity conservation, including
regulations on environmental protection of natural heritage sites, payments for ecosystem services (PES), conservation
and sustainable development of species, conservation and sustainable
development of genetic resources;
i)
Offences against regulations on environmental monitoring; management of
environmental information and data; provision and publishing of environmental
information; reporting of environmental protection;
k) Acts
causing obstruction of state management, inspection and imposition of penalties
for administrative offences and other acts of offence against regulations on
environmental protection provided for in Chapter II herein.
Article
2. Regulated entities
1.
Domestic and foreign individuals and organizations (hereinafter referred to as
“individuals and organizations”) committing administrative environmental
protection offences within the territory, the contiguous zone, the exclusive
economic zone and the continental shelf of the Socialist Republic of Vietnam;
aboard aircrafts bearing Vietnamese nationality, aboard vessels bearing
Vietnamese flags unless otherwise regulated by treaties to which Vietnam is a
signatory shall incur penalties as regulated in this Decree or relevant
Decrees.
2.
Penalties incurred by households, household businesses and residential
communities committing offences against regulations herein shall be the same as
those incurred by violating individuals.
3.
Organizations incurring penalties for administrative environmental protection
offences prescribed in this Decree include:
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b)
Cooperatives and cooperative unions established under the Law on Cooperatives;
c)
Foreign investors that are foreign-invested organizations and economic
organizations, representative offices and branches of foreign traders in
Vietnam, representative offices of foreign trade promotion organizations in
Vietnam established under the Law on Investment; foreign juridical persons
operating within Vietnam’s territorial waters;
d)
Regulatory bodies committing administrative offences beyond their delegated
power;
dd)
Socio-political organizations, socio-professional organizations;
e)
Public service providers;
g)
Cooperative associations;
h) Other
organizations established under regulations of law.
4.
Persons having power to make administrative offence notices; persons having
power to impose penalties for administrative environmental protection offences;
other agencies, organizations and individuals related to environmental
protection as prescribed in this Decree.
Article
3. Definitions
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1.
“discharge of wastewater into the environment” refers to the discharge of
wastewater of all kinds by individuals and organizations into soil, underground
water, surface water and seawater, inside and outside business establishments
and dedicated areas for production, business and service provision.
2.
“discharge of dust and emission into the environment” refers to the discharge
of dust and emission by individuals and organizations into air.
3.
“hazardous environmental parameters (pollution parameters) in wastewater” refer
to the environmental parameters specified in the national technical regulation
on hazardous waste thresholds mentioned in Section I in the Annex I to this
Decree.
4.
“hazardous environmental parameters (pollution parameters) in emission and air”
refer to the environmental parameters specified in the national technical
regulation on hazardous substances in ambient air and some parameters specified
in the national technical regulation on waste mentioned in Section II in the
Annex II to this Decree.
5.
“conventional environmental parameters (pollution parameters)” refer to the
environmental parameters specified in the national technical regulation on
waste and ambient air, except for the environmental parameters specified in
clauses 3 and 4 of this Article.
6.
“illegal exploitation of species” to the acts of hunting, shooting, trapping,
picking, collecting, keeping and seizing species (including animals, plants,
fungi and microorganisms), parts or derivatives of animals and/or plants
without the permission of competent authorities or in excess of the permitted
quantity specified in the exploitation license issued by competent authorities.
7.
“public areas” refer to parks, recreation areas, dedicated areas for business
and service provision, markets, train stations, bus stations, docks, ports,
ferry terminals and public facilities.
8.
“vandalism of a natural heritage site” refers to the acts of destroying
landscapes, changing ecosystem structure, reducing animal and plant species
composition; blocking paths, causing damage to nursery grounds and spawning
grounds of aquatic species; changing authentic elements and damaging scenic
landscapes as prescribed by regulations of law on cultural heritage; affecting
habitats of fish species and marine protected areas as prescribed by
regulations of law on fisheries.
9.
“encroachment upon a natural heritage site” refers to the acts of illegally
constructing works or residential houses; preserving, rehabilitating or
restoring scenic landscapes in contravention of regulations of law on cultural
heritage; encroaching or occupying forests, illegally exploiting forest
environment and forest resources, illegally rendering services and conducting
business in forests as prescribed by regulations of law on forestry.
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1.
Principal penalties and fines:
Any
organization or individual that commits administrative environmental protection
offences shall be liable to one of the following principal penalties:
a) A
warning;
b) The
maximum fine for an environmental protection offence incurred by an individual
is VND 1,000,000,000; that incurred by an organization is VND 2,000,000,000.
2.
Additional penalties:
a)
Suspension of environmental license; certificate of eligibility to provide
environmental monitoring services; license for access to genetic resources;
license for genetically modified organism testing; decision on accreditation of
genetically modified organism laboratory; decision on accreditation of
genetically modified organism testing facility (hereinafter referred to as
“licenses”) or suspension of operation as regulated in Clause 2 Article 25 of
the Law on Penalties for Administrative Violations for 01 - 24 months as of the
entry into force of the decision on imposition of penalty for administrative
offence (hereinafter referred to as “penalty imposition decision”);
b)
Confiscation of exhibits and instruments used for committing administrative
environmental protection offences (hereinafter referred to as “exhibits and
instruments of administrative offences); confiscation and handling of valuable
products created after destruction in accordance with regulations of law;
c)
Applying the additional penalty existing in the form of suspension of operation
to establishments supplying public products and services through the State’s
commissioning, order placement or procurement processes according to the
provisions of this Decree, except as their offences do not lead to
environmental pollution, or they have stopped committing offences or have
completely remedied the consequences of their administrative offences. The time
of suspension of operation shall start from the time when a state authority
assigns a task, places an order or bids to assign a task, appoints a unit or
select another contractor to provide public products and services.
3. Apart
from the penalties prescribed in clauses 1 and 2 of this Article, individuals
and organizations that commit administrative environmental protection may be
liable to one or more remedial measures mentioned below within the period regulated by the person
who has the power to impose penalties:
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b)
Mandatory demolition of works and equipment built or installed in contravention
of regulations on environmental protection with the aim of discharging
untreated waste into the environment; mandatory demolition of works and
equipment so as to dilute waste and treat waste in accordance with technical
regulations on waste; mandatory demolition and relocation of works and plants;
mandatory demolition of works and residential houses illegally built;
c)
Mandatory application of remedial measures against environmental pollution as
prescribed; mandatory application of measures to reduce noise in accordance
with technical regulations; mandatory application of measures to reduce
vibration in accordance with technical regulations;
d)
Mandatory re-export of used machinery, equipment, means of transport and ships,
raw materials, fuels, materials, scrap and waste imported from abroad; mandatory
the re-export of all illegally imported invasive alien species out of the
territory of the Socialist Republic of Vietnam; mandatory the re-export of
shipments containing genetically modified organisms and/or their genetic
specimens out of the territory of the Socialist Republic of Vietnam;
dd)
Mandatory the destruction of used machinery, equipment, means of transport and
ships, raw materials, fuels, materials, scrap and waste imported from abroad;
mandatory destruction of all invasive alien species; mandatory destruction of
genetically modified organisms to which
the license for genetically modified organism testing or certificate of
biosafety is yet to be issued; mandatory destruction of substances, equipment
and products containing or produced from prohibited controlled substances;
mandatory destruction of all genetically modified organisms and/or their
genetic specimens;
e)
Mandatory correction of misinformation or misleading information about the
state of environment;
g)
Mandatory disgorgement of illegal gain from commission of administrative
offences or the transfer of the amounts equivalent to the value of the exhibits
and/or instruments of administrative offences which have been sold, liquidated,
hidden or destroyed inconsistently with the law;
For the
administrative offences specified in point g clause 1, point g clause 2 Article
10; points g and h clause 1, points g and h clause 2, points g and h clause 3
Article 11; points a and b clause 1, points a and b clause 2 Article 13; points
d and dd clause 2, points d and dd clause 3, points d and dd clause 4 Article
14; points g and h clause 3, points h and i clause 4 Article 15 of this Decree
which result in discharge of untreated wastewater into the environment, the illegal
gain equals to the total discharge rate (expressed in m3) of
untreated wastewater discharged into the environment which is determined during
the offence commission period (if the wastewater discharge rate fails to be
determined, the wastewater discharge rate shall be the maximum rate of
wastewater discharged every 24 hours specified in a document in the following
order of priority: inspection conclusion, audit result, application for
issuance of environmental license or component environmental license, environmental
impact assessment report (hereinafter referred to as “EIAR”) multiplied by the
price of wastewater treatment service (expressed in VND/m3) in the
province set by the provincial People's Committee (if the provincial People's
Committee fails to set a price, the price of wastewater treatment service
applicable to the industrial park at the nearest distance from the violating
organization shall be applied).
For the
administrative offences specified in point g clause 1, point g clause 2 Article
10; points g and h clause 1, points g and h clause 2, points g and h clause 3
Article 11; points a and b clause 1, points a and b clause 2 Article 13; points
d and dd clause 2, points d and dd clause 3, points d and dd clause 4 Article
14; points g and h clause 3, points h and i clause 4 Article 15 of this Decree
which result in discharge of untreated emission into the environment, the
illegal gain equal to the emission discharge rate (expressed in m3/hour)
(in case of failure to install or operate an emission treatment system, the
emission discharge rate shall be the maximum rate of emission discharged every
hour specified in a document in the following order of priority: inspection
conclusion, audit result, application for issuance of environmental license or
component environmental license, EIAR) multiplied by the hour-based offence
commission period and by the costs (express in VND/m3) of operating
the emission treatment system in an hour, including: electricity, water, labor,
chemicals and consumables.
For the
administrative offences specified in clauses 2, 3 and 4 of Article 16; point a
clauses 4 and 5 of Article 17; clauses 4 and 7 of Article 46, the illegal gain
is all sums that an organization or individual earns when committing an
offence.
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i)
Mandatory collection, storage and safe management of persistent pollutants, raw
materials, fuels, materials, products, goods and equipment imported, produced
and used containing persistent pollutants as prescribed, and mandatory
submission of reports on results of completed remediation of consequences of
offences;
k)
Mandatory transfer of waste to entities having treatment competence; mandatory
transfer of substances, equipment and products containing or produced from
controlled substances subject to treatment in accordance with regulations to
entities having treatment competence and payment of all costs incurred;
l)
Collecting underpaid or evaded environmental protection fees; mandatory payment
of costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples; mandatory payment of deposit on environmental
protection; mandatory purchase of insurance against compensation for
environmental damage; mandatory payment of costs of organizing waste-related
emergency response, costs of environmental remediation; mandatory compensation
for damage caused by oil pollution as regulated; mandatory full payment for
ecosystem services and interest on the late payment amount (if any) accrued
over 01 month; mandatory transfer of the remaining amounts to the provincial
environment protection fund or Vietnam Environment Protection Fund (VEPF) if
the provincial environment protection fund is yet to be established within 06
months; mandatory return of the amounts not used for their intended purposes
within 01 month; mandatory payment of contributions for recycling
support corresponding to the incomplete mandatory recycling rate or
contributions for recycling support corresponding to the recycling rate
that fails to meet the mandatory recycling specifications to the VEPF;
mandatory payment of outstanding contributions for recycling support to the
VEPF; mandatory payment of contributions for recycling
support corresponding to the mandatory recycling rate and specifications
that must be met to the VEPF; mandatory termination of recycling services
agreement and authorized recycling service agreement and payment of subsidies
on recycling corresponding to the mandatory recycling rate and specifications
to the VEPF for fulfillment of the responsibility for recycling; mandatory
transfer of outstanding contributions for waste treatment to the VEPF;
m)
Mandatory relocation of projects or facilities to other locations to ensure
consistency with the planning, environmental zoning and environmental carrying
capacity approved by a competent authority in cases where the project locations
or business establishments fail to conform to the planning, environmental
zoning and environmental carrying capacity approved by a competent authority as
prescribed; mandatory construction and installation of environmental protection
works as prescribed;
n)
Mandatory preparation of GHG inventory reports and reports on reduction of GHG
emissions for the year(s) of late or insufficient submission and payment of all
costs incurred (if any); mandatory establishment of collection, transport and
safe storage procedures in accordance with regulations; mandatory formulation
of internal PES schemes within 06 months; mandatory submission of reports on
results of completed remediation of consequences of offences in accordance with
regulations;
o)
Mandatory provision of accurate and sufficient information included in GHG
inventory reports and reports on reduction of GHG emissions; mandatory
disclosure of environmental impact assessment reports (EIARs) for which the
appraisal result has been approved in accordance with regulations; mandatory
disclosure of information about products and packaging produced and imported
themselves as prescribed; mandatory registration of recycling plans, submission
of declarations of contributions for recycling support and reports on recycling
results in accordance with regulations; mandatory provision and disclosure of
information; mandatory submission of environmental protection reports to
competent authorities; mandatory of submission of declarations of contributions
for waste treatment support in accordance with regulations.
4. The
remedial measures specified in points a, c, g and l clause 3 of this Article
shall not be applied if there are insufficient grounds for determining the
consequences or for determining the illegal gain or for determining the
underpaid or evaded environmental protection fees as prescribed as a result of
the offences.
Article
5. Prescriptive time limits for imposing penalties for administrative offences
1. The
prescriptive time limit for imposing penalties for administrative environmental
protection offences shall be 02 years.
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a) The
offences specified in Article 9; points e, g and h clause 1, points e, g and h
clause 2, points e, g and h clause 3 Article 11; points b and c clause 1,
points b and c clause 2 Article 13; points b, d and e clause 1, points c, d and
dd clause 2, points c, d and dd clause 3, points c, d and dd clause 4 Article
14; clause 2, points e, g and h clause 3, points e, g, h and i clause 4, clause
6 Article 15 and Article 38 of this Decree are in-progress administrative
offences and the prescriptive time limits begin from the dates on which the
competent law enforcement officer detects such offences.
b) The
offences specified in point b clause 1, point b clause 2 of Article 10; point b
clause 1, point b clause 2, point b clause 3 Article 11; clause 1 Article 32;
clause 1 Article 33; clause 1, point c clause 3 Article 43 of this Decree are
in-progress administrative offences and the prescriptive time limits begin from
the dates on which the organizations or individuals have to disclose
information or submit periodic reports as prescribed;
c) The
offences specified Articles 18 to 23 of this Decree are completed ones and the
prescriptive time limits begin from the dates on which samples are collected;
d) The
offences specified in clause 2 Article 25 of this Decree are completed ones and
the ending time
is when the commission of the offence is completed;
dd)
Except for the offences specified in points a, b, c and d of this clause, the
person having the power to impose penalties shall determine the prescriptive
time limits for imposing other offences as specified in point b clause 1
Article 6 of the Law on Penalties for Administrative Violations.
Article
6. Fines and power to impose penalties
1. The
maximum fine imposed for an administrative environmental protection offence shall
be subject to regulations of law on imposition of penalties for administrative
offences.
2. Fines
for administrative offences prescribed in Chapter II herein are the ones for
the administrative offences committed by individuals. The fine incurred by an
organization is twice as much as that incurred by an individual for the same
offence.
3. Power
to impose penalties delegated to the persons specified in Articles 56 to 67 of
this Decree shall be the same as the power to impose an administrative offence committed
by individuals. In case of imposition of a fine, the power to impose such fine
on a violating entity shall be 02 times higher than that on a violating
individual.
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Article
7. Application of technical regulations on environment and use of environmental
parameters for determination of administrative environmental protection
offences; principles of imposition of penalties for some administrative
environmental protection offences
1. When
individuals/organizations discharge waste into the environment, the national
technical regulations shall be applied to determine administrative
environmental protection offences and severity thereof; in case both national
technical regulation and local technical regulation are available, the local
technical regulation shall apply (hereinafter referred to as “technical
regulation”).
2. If a
parameter exceeds the permissible limit prescribed in the environmental
technical regulation, the rate of excess shall be the highest value calculated
by dividing the value collected by technical means and equipment, and from
results of inspection, assessment, monitoring, measurement and analysis of
certain environmental parameters of waste samples and/or ambient environmental
samples by the maximum permissible value of that parameter prescribed in the
environmental technical regulation.
3. When
imposing fines for the discharge of wastewater (as prescribed in Articles 18
and 19 herein) or the discharge of dust and emission (as prescribed in Articles
20 and 21 herein) in excess of the permissible limits prescribed in the
environmental technical regulations, if the discharged wastewater or discharged
dust and emission contain both hazardous and conventional environmental
parameters or the pH value exceeds the permissible limits prescribed in the
technical regulations, the penalty to be imposed shall be determined according
to the parameter of wastewater, dust or emission sample involved in the offence
for which the highest fine is imposed; if fines determined according to these parameters
are equal, hazardous parameters shall serve as a benchmark for determination of
the offence.
The
fines for the offences involving the remaining environmental parameters of the
same samples of these discharges in excess of the permissible limits prescribed
in the technical regulations shall be 10% - 50% more than the fine for the
selected offence involving each of these parameters provided that total sum of
fine for each offence does not exceed the prescribed maximum fine.
In case
a business establishment or a dedicated for production, business and service
provision has many points of discharging wastewater or dust/emission in excess
of the permissible limits prescribed in technical regulations, appropriate
penalty shall be imposed on each point.
4. The
wastewater discharge rate specified in Articles 18 and 19 of this Decree means
the total volume of wastewater discharged into the environment in a day (24
hours). In case where the wastewater discharge rate cannot be determined, the
discharge rate shall be calculated by multiplying the flow rate of wastewater
determined at the sampling time by 24 hours. In case of discharge of wastewater
into soil, groundwater or surface water (in ponds, lakes, pits, etc. within a
business establishment) upon the calculation of the wastewater discharge rate
in excess of the permissible limits prescribed in the technical regulation on
waste, the Kq value (the coefficient of receiving water) shall
be equal to 0.6 as regulated in that technical regulation; if the technical
regulation relies on the environmental zoning instead of the Kq value, the
pollution limits of the strictly protected environmental zone shall apply.
Article
8. Use of results and data obtained from of technical means and equipment to
the discovery and imposition of penalties for administrative environmental
protection offences
1. The
use of technical means and equipment and data therefrom provided by individuals
and organizations to determine administrative environmental protection
offences shall comply with the Decree on list, management and use of technical
means and equipment and procedures for collection and use of data from
technical means and equipment provided by individuals and organizations to
discover administrative offences. Results obtained by employing technical means
and equipment shall be compared with the maximum permissible values of
environmental parameters prescribed in technical regulations for determining
administrative offences.
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a)
Organizations issued with the certificate of eligibility to provide
environmental monitoring services as prescribed by law;
b)
Environmental inspection, assessment and/or monitoring organizations that are
established by competent agencies, sufficiently competent and designated by
competent authorities in accordance with specialized law;
c)
Results obtained from continuous and automatic wastewater/emission monitoring
equipment or systems of organizations and individuals that are tested,
inspected or calibrated in accordance with regulations of law in cases where
continuous and automatic monitoring systems need to be installed and data
obtained from that system need to be directly transmitted to the provincial
Department of Natural Resource and Environment for inspection and supervision.
3.
Related individuals and organizations shall cooperate with competent
authorities and persons in using data obtained from technical means and
equipment to define entities and administrative offences against environmental
protection.
Chapter
II
ADMINISTRATIVE
ENVIRONMENTAL PROTECTION OFFENCES, PENALTIES, FINES, REMEDIAL MEASURES
Article
9. Offences against regulations on environmental registration
1.
Penalties for offences against regulations on environmental registration for an
investment project or business establishment not required to prepare an EIAR
are as follows:
a) A
warning or fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for
failure to correctly or sufficiently fulfill the commitment or plan to collect,
manage and treat waste mentioned in the environmental registration form
received by the competent authority, except for the offences against
regulations on normal solid waste and hazardous waste;
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2.
Penalties for offences against regulations on environmental registration for an
investment project or business establishment required to prepare an EIAR
subject to approval by the provincial People’s Committee or not subject to
approval by the Ministry of National Defense or Ministry of Public and
satisfying the environmental criteria equivalent to those applicable to the
investment project or business establishment subject to approval by the
provincial People’s Committee are as follows:
a) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure
to correctly or sufficiently fulfill the commitment or plan to collect, manage
and treat waste mentioned in the environmental registration form received by
the competent authority, except for the offences against regulations on normal
solid waste and hazardous waste;
b) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to apply for environmental registration by the prescribed deadline; for
omitting information about type of waste or weight of waste generated and plan
to collect, manage and treat waste of the investment project or business
establishment required in the environmental registration form; for failure to
apply for environmental registration again as prescribed.
3.
Penalties for offences against regulations on environmental registration for an
investment project or business establishment required to prepare an EIAR
subject to approval by the Ministry of Natural Resources and Environment or
subject to approval by the Ministry of National Defense or Ministry of Public,
for an investment project satisfying the environmental criteria equivalent to
those applicable to the project subject to approval by the Ministry of Natural
Resources and Environment are as follows:
a) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to correctly or sufficiently fulfill the commitment or plan to collect, manage
and treat waste mentioned in the environmental registration form received by
the competent authority, except for the offences against regulations on normal
solid waste and hazardous waste;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to apply for environmental registration by the prescribed deadline; for
omitting information about type of waste or weight of waste generated and plan
to collect, manage and treat waste of the investment project or business
establishment required in the environmental registration form; for failure to
apply for environmental registration again as prescribed.
Article
10. Offences against regulations on environmental impact assessment
1.
Penalties for offences against regulations on compliance with the decision on
approval for result of appraisal of EIAR subject to approval by the provincial
People’s Committee or compliance with the decision on approval for result of
appraisal of EIAR subject to approval by the Ministry of National Defense or
Ministry of Public Security for a project satisfying the environmental criteria
equivalent to those applicable to the project subject to approval by the
provincial People’s Committee are as follows:
a) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to issue a notification of completion of environmental protection work as
prescribed to the authority approving the EIAR appraisal result before putting
the project into official operation in case where the investment project is not
required to obtain the environmental license;
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c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to adjust or supplement the investment project and EIAR to make them
conformable with the environmental protection contents and requirements
specified in the decision on approval for EIAR appraisal result;
d) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
improper or incomplete implementation of one of the requirements specified in
the decision on approval for EIAR appraisal result as prescribed, except for
offences against regulations on environmental monitoring and surveillance;
regulations on waste-related emergency prevention and response and regulations
specified in points dd, e and g of this clause;
dd) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to implement the requirements specified in the decision on approval for EIAR
appraisal result as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, except for the cases specified in points e
and g of this clause;
e) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to notify the competent authority as prescribed for consideration and approval
during the process of issuing the environmental license for the investment
project required to obtain the environmental license in case of any change
specified in point b clause 4 Article 37 of the Law on Environmental
Protection;
g) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for
building or installing equipment, pipes or other systems used for discharging
untreated waste into the environment; failure to operate or regularly operate
or improperly operating waste treatment works; failure to build or install or
improperly building or installing waste treatment works, works or measures for
minimizing noise and vibration and control of light and thermal radiation as prescribed
during the construction and execution of the project resulting in generation of
waste, noise, vibration, light or thermal radiation.
2.
Penalties for offences against regulations on compliance with the decision on
approval for result of appraisal of EIAR subject to approval by the Ministry of
Natural Resources and Environment or compliance with the decision on approval
for result of appraisal of EIAR subject to approval by the Ministry of National
Defense or Ministry of Public Security for a project satisfying the
environmental criteria equivalent to those applicable to the project subject to
approval by the Ministry of Natural Resources and Environment are as follows:
a) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to issue a notification of completion of environmental protection work as
prescribed to the authority approving the EIAR appraisal result before putting
the project into official operation in case where the investment project is not
required to obtain the environmental license;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to disclose the EIAR for which the appraisal result has been approved as
prescribed;
c) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to adjust or supplement the investment project and EIAR to make them
conformable with the environmental protection contents and requirements
specified in the decision on approval for EIAR appraisal result;
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dd) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to implement the requirements specified in the decision on approval for EIAR
appraisal result as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, except for the cases specified in points e
and g of this clause;
e) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure
to notify the competent authority as prescribed for consideration and approval
during the process of issuing the environmental license for the investment
project required to obtain the environmental license in case of any change
specified in point b clause 4 Article 37 of the Law on Environmental
Protection;
g) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
building or installing equipment, pipes or other systems used for discharging
untreated waste into the environment; failure to operate or regularly operate
or improperly operating waste treatment works; failure to build or install or
improperly building or installing waste treatment works, works or measures for
minimizing noise and vibration and control of light and thermal radiation as
prescribed during the construction and execution of the project resulting in
generation of waste, noise, vibration, light or thermal radiation.
3.
Additional penalties:
a)
Suspending the construction activities which results in discharge of waste for
01 - 03 months as a remedy for the offences specified in point g clause 1 of
this Article;
b)
Suspending the construction activities which results in discharge of waste for
03 - 06 months as a remedy for the offences specified in point g clause 2 of
this Article.
4.
Remedial measures:
a)
Mandatory disclosure of the EIAR for which the appraisal result has been
approved as prescribed in case of commission of the offences specified in point
b clause 1, point b clause 2 of this Article;
b)
Mandatory demolition of the works or equipment built or installed against
regulations on environmental protection for discharge of untreated waste to the
environment in case of commission of the offences specified in point g clause
1, point g clause 2 of this Article;
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Article
11. Offences against regulation on environmental licenses
1.
Penalties for offences against regulations on the environmental license under
the licensing authority of the district-level People's Committee or
environmental license under the licensing authority of the Ministry of National
Defense or Ministry of Public Security while equivalent subjects are under the
licensing authority of the district-level People’s Committee, except for the
cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree:
a) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure
to notify the licensing authority for consideration and processing in case of
any change to the issued license as prescribed; failure to submit the
application for environmental license by the prescribed deadline;
b) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to disclose the environmental license as prescribed;
c) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for
improper or incomplete implementation of one of the requirements specified in
the environmental license, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, dd, e
and g of this clause;
d) A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure
to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual
pollution or in case of committing an offence against regulations on discharge
of wastewater, dust or emission in excess of the permissible limits specified
in the environmental technical regulations;
dd) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for
including inaccurate or untruthful information about the completion of
environmental protection works and measures in the report on proposal for
issuance of environmental license for the investment project to which the
decision on approval of EIAR appraisal result has been issued before its trial
operation as prescribed; for failure to renew or adjust the environmental
license as prescribed; failure to implement the requirements specified in the
environmental license as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, c, e and
g of this clause;
e) A
fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure
to have the environmental license re-issued as prescribed;
g) A
fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for failure
to operate or regularly operate or improperly operating waste treatment works;
failure to build or install waste treatment works according to the
environmental license;
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2.
Penalties for offences against regulations on the environmental license under
the licensing authority of the provincial People's Committee or environmental
license under the licensing authority of the Ministry of National Defense or
Ministry of Public Security while equivalent subjects are under the licensing
authority of the provincial People’s Committee, except for the cases mentioned
in Articles 15, 29, 30, 31, 35 and 38 of this Decree:
a) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to notify the licensing authority for consideration and processing in case of
any change to the issued license as prescribed; failure to submit the
application for environmental license by the prescribed deadline;
b) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to disclose the environmental license as prescribed;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
improper or incomplete implementation of one of the requirements specified in
the environmental license as prescribed, except for offences against
regulations on environmental monitoring and surveillance; regulations on
waste-related emergency prevention and response, and cases specified in points
a, b, dd, e and g of this clause;
d) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
failure to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual
pollution or in case of committing an offence against regulations on discharge
of wastewater, dust or emission in excess of the permissible limits specified
in the environmental technical regulations;
dd) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
including inaccurate or untruthful information about the completion of
environmental protection works and measures in the report on proposal for
issuance of environmental license for the investment project to which the
decision on approval of EIAR appraisal result has been issued before its trial
operation as prescribed; for failure to renew or adjust the environmental
license as prescribed; failure to implement the requirements specified in the
environmental license as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, c, e and
g of this clause;
e) A
fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for
failure to have the environmental license re-issued as prescribed;
g) A
fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for
failure to operate or regularly operate or improperly operating waste treatment
works; failure to build or install waste treatment works according to the
environmental license;
h) A
fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for
building or installing equipment, pipes or other systems used for discharging
untreated waste into the environment; failure to build or install environmental
protection works in accordance with regulations.
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a) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to notify the licensing authority for consideration and processing in case of
any change to the issued license as prescribed; failure to submit the
application for environmental license by the prescribed deadline;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to disclose the environmental license as prescribed;
c) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
including inaccurate or untruthful information about waste in the application
for issuance of environmental license as prescribed; improper or incomplete
implementation of one of the requirements specified in the environmental
license as prescribed, except for offences against regulations on environmental
monitoring and surveillance; regulations on waste-related emergency prevention
and response, and cases specified in points a, b, dd, e and g of this clause;
d) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual
pollution or in case of committing an offence against regulations on discharge
of wastewater, dust or emission in excess of the permissible limits specified
in the environmental technical regulations;
dd) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
failure to provide accurate or truthful information about the completion of
environmental protection works and measures included in the report on proposal
for issuance of environmental license for the investment project to which the
decision on approval of EIAR appraisal result has been issued before its trial
operation as prescribed; for failure to renew or adjust the environmental
license as prescribed; failure to implement the requirements specified in the
environmental license as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, c, e and
g of this clause;
e) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
failure to have the environmental license re-issued as prescribed;
g) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failure
to operate or regularly operate or improperly operating waste treatment works;
failure to build or install waste treatment works according to the
environmental license;
h) A
fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for building
or installing equipment, pipes or other systems used for discharging untreated
waste into the environment; failure to build or install environmental
protection works in accordance with regulations.
4.
Additional penalties:
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5.
Remedial measures:
a)
Mandatory demolition of the works or equipment built or installed against
regulations on environmental protection for discharge of untreated waste to the
environment in case of commission of the offences specified in point h clause
1, point h clause 2 and point h clause 3 of this Article;
b)
Mandatory disgorgement of illegal gain from commission of administrative
offences specified in points g and h clause 1, points g and h clause 2 and
points g and h clause 3 of this Article.
Article
12. Offences against regulations on trial operation of waste treatment works of
investment projects
1.
Penalties for offences against regulations on trial operation of waste
treatment works of an investment project under the environmental licensing
authority of the district-level People's Committee or the Ministry of National
Defense or Ministry of Public Security while equivalent subjects are under the
licensing authority of the district-level People's Committee:
a) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to notify the plan for trial operation of waste treatment work/work item of the
investment project or business establishment to the competent authority as
prescribed; failure to keep an logbook which records information about trial
operation or failure to fully record information about trial operation of the
waste treatment work as prescribed; failure to cooperate with the specialized
environmental protection authority in the province where the project is
executed to undergo inspection and supervision during the trial operation as
prescribed;
b) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to halt or reduce the capacity of the investment project or failure to check
waste treatment works/equipment or process for operation of waste treatment
system to identify the cause for pollution or failure to renovate, upgrade or
additionally construct waste treatment works meeting technical requirements on
environmental protection as prescribed in case it is discovered that waste
discharged into the environment does not meet technical regulations on environmental
protection during trial operation;
c) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed upon an
investment project or business establishment that fails to prepare or submit
the report on result of trial operation of waste treatment work to the
licensing authority as prescribed;
d) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing
in trial operation or failing to resume trial operation of waste treatment
works as prescribed; for trial operation of waste treatment works in excess of
the prescribed time without a notice of extension of the trial operation; for
failure to implement or improperly and incompletely implementing waste
monitoring programs (regarding parameters, location and frequency of
surveillance) or for cooperating with an organization that is ineligible to
provide environmental monitoring services in monitoring waste or evaluating
efficiency of waste treatment works during trial operation as prescribed;
for failure to monitor and supervise result of automatic and continuous
wastewater, dust or emission monitoring or failure to connect and transmit data
to the specialized environmental protection authority in the province where the
project is executed if required to undergo automatic monitoring of wastewater,
dust or emission;
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2.
Penalties for offences against regulations on trial operation of waste
treatment works of an investment project under the environmental licensing
authority of the provincial People's Committee or the Ministry of National
Defense or Ministry of Public Security while equivalent subjects are under the
licensing authority of the provincial People's Committee:
a) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to notify the plan for trial operation of waste treatment works/work items of
the investment project or business establishment to the competent authority as
prescribed; failure to keep an logbook which records information about trial
operation or failure to fully record information about trial operation of the
waste treatment work as prescribed; failure to cooperate with the specialized
environmental protection authority in the province where the project is
executed to undergo inspection and supervision during the trial operation as
prescribed;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to halt or reduce the capacity of the investment project or failure to check
waste treatment works/equipment or process for operation of waste treatment
system to identify the cause for pollution or failure to renovate, upgrade or
additionally construct waste treatment works meeting technical requirements on
environmental protection as prescribed in case it is discovered that waste
discharged into the environment does not meet technical regulations on
environmental protection during trial operation;
c) A
fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an
investment project or business establishment that fails to prepare or submit
the report on result of trial operation of waste treatment work to the
licensing authority as prescribed;
d) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failing
in trial operation or failing to resume trial operation of waste treatment
works as prescribed; for trial operation of waste treatment works in excess of
the prescribed time without a notice of extension of the trial operation; for
failure to implement or improperly and incompletely implementing waste
monitoring programs (regarding parameters, location and frequency of
surveillance) or for cooperating with an organization that is ineligible to
provide environmental monitoring services in monitoring waste or evaluating
efficiency of waste treatment works during trial operation as prescribed;
for failure to monitor and supervise result of automatic and continuous
wastewater, dust or emission monitoring or failure to connect and transmit data
to the specialized environmental protection authority in the province where the
project is executed if required to undergo automatic monitoring of wastewater,
dust or emission;
dd) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
failure to immediately suspend the trial operation of the waste treatment work
or failure to promptly notify the licensing authority or competent authority in
case of causing an environmental emergency or environmental pollution.
3.
Penalties for offences against regulations on trial operation of waste
treatment works of an investment project under the environmental licensing
authority of the Ministry of Natural Resources and Environment or the Ministry
of National Defense or Ministry of Public Security while equivalent subjects
are under the licensing authority of the Ministry of Natural Resources and
Environment:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to notify the plan for trial operation of waste treatment works/work items of
the investment project or business establishment to the competent authority as
prescribed; failure to keep an logbook which records information about trial
operation or failure to fully record information about trial operation of the
waste treatment work as prescribed; failure to cooperate with the specialized
environmental protection authority in the province where the project is
executed to undergo inspection and supervision during the trial operation as
prescribed;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
halt or reduce the capacity of the investment project or failure to check waste
treatment works/equipment or process for operation of waste treatment system to
identify the cause for pollution or failure to renovate, upgrade or
additionally construct waste treatment works meeting technical requirements on
environmental protection as prescribed in case it is discovered that waste
discharged into the environment does not meet technical regulations on
environmental protection during trial operation;
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d) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
failing in trial operation or failing to resume trial operation of waste
treatment works as prescribed; for trial operation of waste treatment works in
excess of the prescribed time without a notice of extension of the trial
operation; for failure to implement or improperly and incompletely implementing
waste monitoring programs (regarding parameters, location and frequency of surveillance)
or for cooperating with an organization that is ineligible to provide
environmental monitoring services in monitoring waste or evaluating efficiency
of waste treatment works during trial operation as prescribed; for failure
to monitor and supervise result of automatic and continuous wastewater, dust or
emission monitoring or failure to connect and transmit data to the specialized
environmental protection authority in the province where the project is
executed if required to undergo automatic monitoring of wastewater, dust or
emission;
dd) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
failure to immediately suspend the trial operation of the waste treatment work
or failure to promptly notify the licensing authority or competent authority in
case of causing an environmental emergency or environmental pollution.
4.
Additional penalties:
a)
Suspending the operation in relation to the business establishment’s work
undergoing trial operation for 01 - 03 months as a remedy for the offences
specified in points b and d clause 1, point b clause 2 and point b clause 3 of
this Article;
b)
Suspending the operation in relation to the business establishment’s work
undergoing trial operation for 03 - 06 months as a remedy for the offences
specified in point dd clause 2 and point dd clause 3 of this Article.
5.
Remedial measures:
Mandatory
application of prescribed remedial measures against environmental pollution in
accordance with regulations and submission of the reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the administrative offences prescribed in points b and d clause
1, points b and d clause 2 and points b and dd clause 3 of this Article.
Article
13. Offences against regulations on environmental protection in the absence of
the prescribed decision on approval for EIAR appraisal result
1. If an
investment project or business establishment which is required to prepare an
EIAR subject to approval by the provincial People’s Committee or approval by
the Ministry of National Defense or Ministry of Public Security and satisfies
the environmental criteria equivalent to those applicable to the investment
project or business establishment subject to approval by the provincial
People’s Committee commits offences against regulations environmental
protection during its construction or operation, except for the acts specified
in Article 14 of this Decree, it shall incur a penalty as follows:
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b) A
fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for
failure to have any work or measure for waste collection and treatment in
accordance with environmental protection requirements as prescribed;
c) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
failure to obtain the decision on approval for EIAR appraisal result as
prescribed.
2. If an
investment project or business establishment which is required to prepare an
EIAR subject to approval by the Ministry of Natural Resources and Environment
or approval by the Ministry of National Defense or Ministry of Public Security
and satisfies the environmental criteria equivalent to those applicable to the
investment project or business establishment subject to approval by the
Ministry of Natural Resources and Environment commits offences against
regulations environmental protection during its construction or operation,
except for the cases specified in Article 14 of this Decree, it shall incur a
penalty as follows:
a) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failing to have any work or measure for minimizing noise and vibration and
control of light and thermal radiation; for building or installing equipment,
pipes or other systems used for discharging untreated waste into the environment;
for failure to operate or regularly operate or improperly operating waste
treatment works as prescribed;
b) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
failure to have any work or measure for waste collection and treatment in
accordance with environmental protection requirements as prescribed;
c) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
failure to obtain the decision on approval for EIAR appraisal result as
prescribed.
3.
Additional penalties:
a)
Suspending the construction of work items by the investment project or business
establishment for 03 – 06 months in case of commission of the offences
prescribed in point b clause 1 and point b clause 2 of this Article;
b)
Suspending the construction of work items by the investment project or business
establishment without the decision on approval for EIAR appraisal result for 06
– 12 months in case of commission of the offences prescribed in point c clause
1 and point c clause 2 of this Article.
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a)
Mandatory disgorgement of illegal gain obtained from performing one of the
following acts: building or installing equipment, pipes or other systems used
for discharging untreated waste into the environment; failing to operate or
regularly operating or improperly operating waste treatment works; failing to
have waste treatment works satisfying environmental protection requirements as
prescribed in points a and b clause1; points a and b clause 2 of this Article;
b)
Mandatory relocation of the project or business establishment for assurance of
consistency with the planning, environmental zoning and environmental carrying
capacity approved by a competent authority for the offences specified in point
c clause 1, point c clause 2 of this Article where the project or business
establishment fails to conform to the planning, environmental zoning and
environmental carrying capacity approved as prescribed.
Article
14. Violations against regulations on environmental protection for investment
projects that have gone through construction process but have not yet been put
into operation or operating business establishments which have not yet obtained
the prescribed environmental license or environmental registration certificate
1. If an
investment project or business establishment required to carry out
environmental registration as prescribed commits offences against regulations
on environmental protection during its construction or operation, it shall
incur a penalty as follows:
a) A
fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the
investment project or business establishment required to prepare an EIAR for
failure to collect, manage and treat wastewater, dust and emission; failure to
control noise, vibration, light and thermal radiation as prescribed;
b) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the
investment project or business establishment not required to prepare an EIAR
for failure to carry out environmental registration as prescribed;
c) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the
investment project or business establishment required to prepare an EIAR
subject to approval by the provincial People’s Committee or approval by the
Ministry of National Defense or Ministry of Public Security for the investment
project satisfying the environmental criteria equivalent to those applicable to
the investment project subject to approval by the provincial People’s Committee
for failure to collect, manage and treat wastewater, dust and emission; failure
to control noise, vibration, light and thermal radiation as prescribed;
d) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to carry out environmental registration for the investment project or business
establishment required to prepare an EIAR subject to approval by the provincial
People’s Committee or approval by the Ministry of National Defense or Ministry
of Public Security for the investment project satisfying the environmental
criteria equivalent to those applicable to the investment project subject to
approval by the provincial People’s Committee;
dd) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon for
failure to collect, manage and treat waste as prescribed, except for offences
against regulations on normal solid waste and hazardous waste for the
investment project or business establishment required to prepare an EIAR
subject to approval by the Ministry of Natural Resources and Environment or
approval by the Ministry of National Defense or Ministry of Public Security for
the investment project satisfying the environmental criteria equivalent to
those applicable to the investment project subject to approval by the Ministry
of Natural Resources and Environment;
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2. If an
investment project or business establishment which is required to obtain the
prescribed environmental license under the licensing authority of the
district-level People’s Committee or under the licensing authority of the
Ministry of National Defense or Ministry of Public Security and satisfies the
environmental criteria equivalent to those applicable to the investment project
or business establishment subject to approval by the district-level People’s
Committee commits offences against regulations environmental protection during
its construction or official operation, it shall incur a penalty as follows:
a) A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure
to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual
pollution or in case of committing an offence against regulations on discharge
of wastewater, dust or emission in excess of the permissible limits specified
in the environmental technical regulations; failure to remediate
environmental pollution caused by its activities;
b) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure
to have any work or measure for minimizing noise and vibration as prescribed;
c) A
fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure
to obtain the environmental license as prescribed;
d) A
fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for
building or installing equipment, pipes or other systems used for discharging
untreated waste into the environment; for failure to operate or regularly
operate or improperly operating waste treatment works;
dd) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to have any waste treat work satisfying prescribed environmental protection
requirements; for building or installing equipment, pipes or other systems used
for discharging untreated waste into the environment.
3. If an
investment project or business establishment which is required to obtain the
prescribed environmental license under the licensing authority of the
provincial People’s Committee or under the licensing authority of the Ministry
of National Defense or Ministry of Public Security and satisfies the
environmental criteria equivalent to those applicable to the investment project
or business establishment subject to approval by the provincial People’s
Committee commits offences against regulations environmental protection during
its construction or official operation, it shall incur a penalty as follows:
a) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual
pollution or in case of committing an offence against regulations on discharge
of wastewater, dust or emission in excess of the permissible limits specified
in the environmental technical regulations; failure to remediate
environmental pollution caused by its activities;
b) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
failure to have any work or measure for minimizing noise and vibration as
prescribed;
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d) A
fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for
failure to operate or regularly operate or improperly operating waste treatment
works;
dd) A
fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for
failure to have any waste treat work satisfying prescribed environmental
protection requirements; for building or installing equipment, pipes or other systems
used for discharging untreated waste into the environment.
4. If an
investment project or business establishment which is required to obtain the
prescribed environmental license under the licensing authority of the Ministry
of Natural Resources and Environment or under the licensing authority of the
Ministry of National Defense or Ministry of Public Security and satisfies the
environmental criteria equivalent to those applicable to the investment project
or business establishment subject to approval by the Ministry of Natural
Resources and Environment commits offences against regulations environmental
protection during its construction or official operation, it shall incur a
penalty as follows:
a) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to check waste treatment works/equipment to identify the cause for
environmental pollution or failure to renovate or upgrade waste treatment works
in accordance with regulations in case of reporting incorrect data on actual pollution
or in case of committing an offence against regulations on discharge of
wastewater, dust or emission in excess of the permissible limits specified in
the environmental technical regulations; failure to remediate
environmental pollution caused by its activities;
b) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to have any work or measure for minimizing noise and vibration as
prescribed;
c) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
failure to obtain the environmental license as prescribed;
d) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
failure to operate or regularly operate or improperly operating waste treatment
works;
dd) A
fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for
failure to have any waste treat work satisfying prescribed environmental
protection requirements; for building or installing equipment, pipes or other
systems used for discharging untreated waste into the environment.
5.
Additional penalties:
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b)
Suspending the operation of the business establishment for 01 - 03 months in
case of commission of the offences specified in points dd and e clause 1 and
point dd clause 2 of this Article;
c)
Suspending the operation of the business establishment for 03 - 06 months in
case of commission of the offences specified in point dd clause 3 of this
Article;
d)
Suspending the operation of the business establishment for 06 - 12 months in
case of commission of the offences specified in point dd clause 4 of this
Article.
6.
Remedial measures:
a)
Mandatory application of prescribed remedial measures against environmental
pollution in accordance with regulations and submission of the reports on
result of completed remediation of consequences of offences within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in points a, c and dd clause 1,
point a clause 2, point a clause 3 and point a clause 4 of this Article;
b)
Mandatory disgorgement of illegal gain obtained from performing one of the acts
specified in points d and dd clause 2; points d and dd clause 3 and points d
and dd clause 4 of this Article;
c)
Mandatory demolition of the works or equipment built or installed against
regulations on environmental protection for discharge of untreated waste to the
environment in case of commission of the offences specified in point dd clause
2, point dd clause 3 and point dd clause 4 of this Article;
d)
Mandatory relocation of the investment project or business establishment for
assurance of consistency with the planning, environmental zoning and
environmental carrying capacity approved by a competent authority for the
offences involving the failure to have the issued environmental license
specified in point c clause 2, point c clause 3 and point c clause 4 of this
Article where the project or business establishment fails to conform to the
planning, environmental zoning and environmental carrying capacity approved as
prescribed.
Article
15. Offences against regulations on environmental protection committed at
business establishments, dedicated areas for production, business and service
provision, industrial clusters, craft villages
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2. A
fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed upon a
household/individual business establishment generating wastewater or emission
for failure to have any work or equipment for in-situ wastewater or emission
treatment satisfying environmental protection requirements.
3.
Penalties for offences against regulations on environmental protection during
commercial operation of infrastructure of an industrial cluster are as follows:
a) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure
to assign personnel to take charge of the environmental protection as
prescribed;
b) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure
to promulgate regulations on environmental protection of the industrial cluster
in conformity with required environmental protection requirements; failure to
request a competent authority to take actions upon discovery of an offence
against environmental protection committed by an organization or individual;
failure to cooperate with a competent authority in environmental protection and
inspection of environmental protection by investment projects and business
establishments located in the industrial cluster;
c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure
to maintain an adequate ratio of green space as prescribed; failure to install
an independent electric meter at the centralized wastewater treatment plant;
failure to have a manhole for sedimentation or separate oil scum in rainwater
before discharge into a receiving body; keeping a centralized wastewater
treatment system operation logbook which insufficiently records one of the
following pieces of information: flow (input, output), typical parameters of
input and output wastewater (if any); amount of electricity used; type and
amount of chemicals used, sewage sludge generated; failure to archive a
centralized wastewater treatment system operation logbook as prescribed;
d) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to have a logbook which records operation of the centralized wastewater
treatment system;
dd) A
fine ranging from VND 60,000,000 to VND 100,000,000 shall be imposed for
completing the construction or installation of the operating industrial
cluster's rainwater collection and drainage system in accordance with
environmental protection requirements; failure to dredge, maintain or care the
wastewater or rainwater collection and drainage system as prescribed; failure
to have a rainwater collection and drainage system in each investment phase of
the operating industrial cluster as prescribed; failure to have a rainwater collection
and drainage system separated from the wastewater collection and drainage
system as prescribed; accepting a new project or increasing capacity of the
investment project that generates wastewater in the industrial cluster without
a centralized wastewater collection, drainage and treatment system as
prescribed;
e) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to completely collect or connect wastewater to establishments in the
industrial cluster to the centralized wastewater collection, drainage and
treatment system as prescribed (except for exemption from connection of treated
wastewater permitted to be discharged into the environment outside the scope of
the industrial cluster); building a wastewater drainage system failing to
satisfy environmental protection requirements as prescribed;
g) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
constructing or installing a centralized wastewater treatment system against
regulations or against environmental protection requirements as prescribed;
failure to complete the construction or installation of the operating
industrial cluster's wastewater collection, drainage and treatment system as
prescribed; failure to operate or properly operate the operating industrial
cluster's centralized wastewater treatment system as prescribed;
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4.
Penalties for offences against regulations on environmental protection during
commercial operation of infrastructure of a dedicated area for production, business
and service provision are as follows:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure
to assign personnel to take charge of environmental protection as prescribed;
failure to promulgate regulations on environmental protection of the dedicated
area for production, business and service provision in conformity with required
environmental protection requirements; failure to cooperate with a competent
authority in organizing environmental protection activities or inspecting
environmental protection by investment projects and business establishments at
the dedicated area for production, business and service provision as
prescribed;
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure
to request a competent authority to take actions upon discovery of an offence
against environmental protection committed by an organization or individual;
failure to maintain an adequate ratio of green space as prescribed; failure to provide separate
spaces for different types of business and services as prescribed; failure to
have a manhole for sedimentation or separate oil scum in rainwater before
discharge into a receiving body; keeping a centralized wastewater treatment
system operation logbook which insufficiently records one of the following
pieces of information: flow (input, output), typical parameters of input and
output wastewater (if any); amount of electricity used; type and amount of
chemicals used, sewage sludge generated; failure to archive a centralized
wastewater treatment system operation logbook as prescribed;
c) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to have a logbook which records operation of the centralized wastewater
treatment system;
d) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure
to install an independent electric meter at the centralized wastewater
treatment plant of the dedicated area for production, business and service
provision;
dd) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
failure to collect or connect or completely connect rainwater of business
establishments in the dedicated area for production, business and service
provision to the rainwater collection and drainage system as prescribed;
failure to have a rainwater collection and drainage system in each investment
phase of the operating dedicated area for production, business and service
provision as prescribed; failure to dredge, maintain or care the wastewater or
rainwater collection and drainage system as prescribed; failure to have a
treated wastewater collection and drainage system that satisfies the prescribed
requirements; failure to the discharge of wastewater by business
establishments into the rainwater drainage system of the dedicated area for
production, business and service provision;
e) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to have a rainwater collection and drainage system in each investment
phase of the operating dedicated area for production, business and service
provision as prescribed; failure to have a rainwater collection and drainage
system separated from the wastewater collection and drainage system as
prescribed; failure to have a treated wastewater collection and drainage system
that satisfies the prescribed requirements; failure to collect or connect or
completely connect wastewater of business establishments in the dedicated area
for production, business and service provision to the wastewater treatment and
collection system as prescribed;
g) A
fine ranging from VND 150,000,000 to VND 180,000,000 shall be imposed for
accepting a new project not included in the list of industries and business
lines in which investment is encouraged as prescribed; accepting a new project
or increasing capacity of the operating project that generates wastewater in the dedicated area for
production, business and service provision without having environmental
protection infrastructure or having environmental protection infrastructure
that fails to satisfy regulations or is not suitable for the wastewater receipt
and treatment capacity of the centralized wastewater treatment system as
prescribed;
h) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
building or installing a centralized wastewater treatment system that fails to
satisfy regulations or environmental protection requirements as prescribed;
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5.
Penalties for offences against regulations on environmental protection
committed by investors in business establishments operating in a dedicated area
for production, business and service provision or industrial cluster are as
follows:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure
to assign personnel to take charge of environmental protection if required as
prescribed; failure to implement or correctly implement regulations on
environmental protection of the investor in construction and commercial
operation of the dedicated area for production, business and service provision
or industrial cluster, except for the cases specified in points c and d of this
clause;
b) A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure
to have an environmental management system as prescribed;
c) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure
to preliminarily treat generated wastewater under the terms and conditions
specified in the agreement with the investor in construction and commercial
operation of the dedicated area for production, business and service provision or industrial
cluster and environmental license of the dedicated area for production, business and service provision or
industrial cluster before being connected to the collection system for further
treatment by the centralized treatment system as prescribed;
d) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to connect wastewater to the centralized wastewater treatment, drainage and
collection as prescribed of the investor in construction and commercial
operation of the dedicated area for production, business and service provision
or industrial cluster and environmental license of the dedicated area for
production, business and service provision or industrial cluster, except for
the business establishment that has a wastewater treatment measure/work
satisfying environmental technical regulations and has been exempted from
connection to the centralized wastewater treatment system of the dedicated area
for production, business and service provision or industrial cluster;
dd) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon a
business establishment discharging treated wastewater into the rainwater
collection and drainage system for failure to stop discharging wastewater,
adjust, connect or discharge treated wastewater into the wastewater collection
and drainage as prescribed;
e) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
illegally discharge wastewater into the rainwater drainage system of the
dedicated area for production, business and service provision, industrial
cluster or craft village.
6. A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
deliberately constructing or installing pipes or discharging point used for
discharging wastewater into the environment without visible signs or in a
location where the inspection, control or supervision is not permitted as
prescribed; diluting treated wastewater/emission before its discharge into the
environment with the aim of satisfying the technical regulation on waste;
failure to relocate the business establishment to maintain safe environmental
distance from residential areas according to the roadmap prescribed by the
competent authority; failure to restrict, suspend or adjust working hours of a
manufacturing establishment with high dust emission rates and emission
discharge rates involved in a type of production that is likely to cause
environmental pollution under the competent authority’s directions for
implementing emergency measures as prescribed by law in case the air is
seriously polluted.
7.
Remedial measures:
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b)
Mandatory disgorgement of illegal gain obtained from the acts of building or
installing equipment, pipes or other systems used for discharging untreated
waste into the environment; failing to build or install environmental
protection works in case of commission of the offences specified in point h
clause 3 and point i clause 4 of this Article;
c)
Mandatory demolition of the work or equipment used for diluting wastewater and
mandatory treatment of waste in accordance with the technical regulation on
waste within the period regulated by the person having the power to impose
penalties in the decision to impose penalties for the administrative offences
prescribed in clause 6 of this Article.
Article
16. Offences against regulations on environmental monitoring and surveillance
1.
Penalties for offences against regulations on automatic and continuous
monitoring of wastewater, dust and industrial emission are as follows:
a) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
installing a system for automatic and continuous monitoring of wastewater, dust
or industrial emission after the prescribed deadline;
b) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for using
automatic and continuous monitoring equipment failing to satisfying technical
requirements for systems for automatic and continuous monitoring of wastewater,
dust and industrial emission as prescribed; failure to operate, improperly or
insufficiently operating procedures in accordance with requirements for system
management and operation regarding automatic and continuous wastewater
monitoring systems or automatic and continuous dust and industrial emission
monitoring systems; failure to install CCTV cameras for surveillance of the
systems for automatic and continuous monitoring of wastewater, dust and
industrial emission as prescribed; failure to fit an automatic wastewater
sampling equipment to the automatic and continuous wastewater monitoring
system; failure to store wastewater, dust and industrial emission monitoring
data as prescribed or failure to connect and transmit monitoring data to
competent authorities as prescribed;
c) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to completely set one of the parameters of the continuous and automatic
wastewater or dust and industrial emission monitoring systems as regulated or
as requested by competent authorities; failure to ensure the confidentiality
and integrity of automatic and continuous monitoring data; interfere in
automatic and continuous monitoring results before transmitting data to the
receiving agency according to regulations;
d) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
failure to have an automatic and continuous wastewater monitoring system or an
automatic and continuous dust and industrial emission monitoring system or as
requested by competent authorities; failure to deal with breakdown of the
automatic and continuous monitoring systems at the request of competent
authorities;
dd) For
acts of failing to inspect and calibrate wastewater or dust and emission
monitoring systems as prescribed, penalties prescribed in the law on penalties
for administrative violations arising from metrological activities shall be
imposed.
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a) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
incorrectly or insufficiently complying with the requirements for periodic
monitoring of wastewater, dust and industrial emission (in terms of monitoring
parameters, locations and frequency) set out in the environmental license;
b) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to comply with the requirements for periodic monitoring of wastewater, dust and
industrial emission if required as prescribed.
3.
Penalties for other offences against regulations on periodic monitoring of
wastewater, dust and industrial emission and environmental monitoring and
surveillance in any of the cases: subject to approval for EIAR appraisal result
or under environmental licensing authority of the provincial People's
Committee; subject to approval for EIAR appraisal result or under the
environmental licensing authority of the Ministry of National Defense or
Ministry of Public Security while equivalent subjects are under the licensing
authority of the provincial People's Committee are as follows:
a) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for
incorrectly or insufficiently complying with other requirements for periodic
monitoring of wastewater, dust and industrial emission and environmental
monitoring and surveillance (in terms of monitoring parameters, locations and
frequency) set out in the decision on approval for EIAR appraisal result or the
environmental license;
b) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
failure to comply with other requirements for periodic monitoring of
wastewater, dust and industrial emission and environmental monitoring and surveillance if required
as prescribed.
4.
Penalties for other offences against regulations on periodic monitoring of
wastewater, dust and industrial emission and environmental monitoring and
surveillance in any of the cases: subject to approval for EIAR appraisal result
or under environmental licensing authority of the Ministry of Natural Resources
and Environment or subject to approval for EIAR appraisal result or under the
environmental licensing authority of the Ministry of National Defense or
Ministry of Public Security while equivalent subjects are under the licensing
authority of the Ministry of Natural Resources and Environment are as follows:
a) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
incorrectly or insufficiently complying with other requirements for periodic
monitoring of wastewater, dust and industrial emission and environmental
monitoring and surveillance (in terms of monitoring parameters, locations and
frequency) set out in the decision on approval for EIAR appraisal result or the
environmental license;
b) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
failure to comply with requirements for periodic monitoring of wastewater, dust
and industrial emission and environmental monitoring and surveillance if
required as prescribed.
5.
Penalties for automatic and continuous monitoring of water and ambient air
quality and use of automatic monitoring results for provision and disclosure of
information to community are as follows:
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b) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for using
automatic and continuous monitoring equipment failing to satisfy technical
requirements, failure to satisfy requirements for installation locations and
personnel for management and operation of water and ambient air quality
monitoring stations as prescribed for monitoring and disclosure of information
about environmental quality to the community;
c) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for
insufficiently complying with requirements for management and operation of
automatic and continuous water and ambient air quality monitoring stations as
prescribed and use of automatic monitoring results for provision and disclosure
of information to community;
d) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
maintaining the disclosure of information about environmental quality obtained
from automatic and continuous monitoring equipment while, in reality, such
equipment is not available or fails to operate at the monitoring points.
6. A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure
to make a work platform available to ensure safety at the locations or outlet
holes of sampling of wastewater, dust and emission as prescribed;
7. A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
cooperating with a provider having no certificate of eligibility to provide
environmental monitoring services within the scope of the certificate to carry
out environmental monitoring and surveillance.
8.
Remedial measures:
Mandatory
disgorgement of illegal gain from failure to execute the waste monitoring
program during operation of the investment project as prescribed in clauses 2,
3 and 4 of this Article.
Article
17. Offences against regulations on environmental monitoring services
1. A
fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for
changing personnel, equipment or location of a business establishment without
notifying a competent authority in writing as prescribed.
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3. A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of
the following offences:
a)
Failure to ensure a sufficient number of personnel (number of full-time
officials responsible for field monitoring, number of full-time officials
responsible for environmental analysis, laboratory manager, person responsible
for quality assurance and control) for environmental monitoring of the
parameters covered by the certificate of eligibility to provide environmental
monitoring services;
b)
Providing a monitoring result report that fails to contain ordinal numbers,
symbols or sufficient information as prescribed.
4. A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of
the following offences:
a)
Performing activities not covered by the certificate of eligibility to provide
environmental monitoring services; providing results of monitoring or testing
of the parameters not covered by the certificate of eligibility to provide
environmental monitoring services as prescribed; carrying out monitoring or
testing using the methods not covered by the certificate of eligibility to
provide environmental monitoring services as prescribed (except for the
parameters not specified in legislative documents on environment);
b)
Failure to provide sufficient equipment for field monitoring or environmental
analysis which was previously provided on the date of issue of the certificate
of eligibility to provide environmental monitoring services;
c)
Implementing monitoring techniques against regulations on environmental
monitoring techniques or requirements for requirements for accredited
monitoring methods; failure to correctly and sufficiently implement regulations
on environmental monitoring procedures and methods regulated by the Ministry of
Natural Resources and Environment;
d) Failure
to sufficiently store raw monitoring data for the entire monitoring services
provided in the last 03 years or from the date on which the certificate is
issued for the providers operating for less than 3 years.
5. A
fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for
providing environmental
monitoring services without the certificate of eligibility to provide
environmental monitoring services.
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7.
Additional penalties:
a)
Suspending the certificate of eligibility to provide environmental monitoring
services for 03 - 06 months in case of commission of the offences specified in
point a clause 3 and point c clause 4 of this Article;
b)
Suspending the certificate of eligibility to provide environmental monitoring services
for 06 - 12 months in case of commission of the offences specified in points a,
b and d clause 4 of this Article.
8.
Remedial measures:
Mandatory
disgorgement of illegal gain from the administrative offences specified in
point a clause 4 and clause 5 of this Article.
Article
18. Offences against regulations on discharge of wastewater containing
conventional environmental parameters into environment
1. A
warning shall be issued if the total wastewater discharge rate is under 1.1
times higher than permissible limit prescribed in technical regulation on waste
(in excess of the permissible limit prescribed in technical regulation by less
than 10%).
2. The
following penalties shall be imposed if the total wastewater discharge rate is
1.1 to under 1.5 times or is under 1.1 times higher than permissible limit
prescribed in technical regulation on waste if the offence is repeated or
committed multiple times:
a) A
fine ranging from VND 300,000 to VND 500,000 shall be imposed for discharging
wastewater at a rate of less than 05 m3/day (24 hours);
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c) A
fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less than
40 m3/day (24 hours);
dd) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 80,000,000 to VND 90,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
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n) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A fine
ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 170,000,000 to VND 190,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 190,000,000 to VND 210,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 210,000,000 to VND 230,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
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x) A
fine ranging from VND 250,000,000 to VND 270,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
3. The
following penalties shall be imposed if the total wastewater discharge rate is
1.5 to under 03 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging
wastewater at a rate of 10 m3/day (24 hours) to less than 20 m3/day
(24 hours);
d) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging
wastewater at a rate of 60 m3/day (24 hours) to less than 80 m3/day
(24 hours);
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h) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less than 1,200
m3/day (24 hours);
o) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging
wastewater at a rate of 1,600 m3/day (24 hours) to less than 1,800 m3/day
(24 hours);
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s) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours);
4. The
following penalties shall be imposed if the total wastewater discharge rate is
03 to under 05 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
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c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
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n) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
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x) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging
wastewater at a rate of 4,500 m3/day (24 hours) to less than 5,000 m3/day
(24 hours);
y) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
5. The
following penalties shall be imposed if the total wastewater discharge rate is
05 to under 05 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging
wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
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h) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
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s) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging
wastewater at a rate of 4,500 m3/day (24 hours) to less than 5,000 m3/day
(24 hours);
y) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
6. The
following penalties shall be imposed if the total wastewater discharge rate is
at least 10 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
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c) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
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n) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging
wastewater at a rate of 3,000 m3/day (24 hours) to less than 3,500 m3/day
(24 hours);
uu) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
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x) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
7. Fines
shall be 10% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is 1.1 to under 1.5 times higher than the permissible
limit prescribed in the technical regulation; 20% more than the selected highest fine for offences
prescribed in this Article if each environmental parameter is 1.5 to under 03
times higher than the permissible limit prescribed in the technical regulation;
30% more than the selected highest fine for offences prescribed in this Article
if each environmental parameter is 03 to under 05 times higher than the
permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences
prescribed in this Article if each environmental parameter is 05 to under 05
times higher than the permissible limit prescribed in the technical regulation
or the pH value exceeds the permissible limit prescribed in the technical
regulation; 50% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is at least 10 times higher than the permissible limit prescribed in the
technical regulation. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
8.
Additional penalties:
a)
Suspending operation of the business establishment's source of waste causing
environmental pollution for 03 - 06 months in case of commission of the
offences specified in points i, k, l, m, n, o, p, q, r, s, t and u clause 4,
points h, i, k,
l, m, n, o, p, q, r, s and t clause 5 and points g, h, i, k, l, m, n, o, p, q,
r and s clause 5 of this Article;
b)
Suspending the environmental license of the environmental license holder for 06
- 12 months in case of commission of the offences specified in points uu, v, x
and y clause 4, points u, uu, v, x and y clause 5 and points t, u, uu, v, x and
y clause 6 of this Article;
c)
Suspending the environmental license of the establishment other than that
specified in point b of this clause for 06 - 12 months in case of commission of
the offences specified in points uu, v, x and y clause 4, points u, uu, v, x
and y clause 5 and points t, u, uu, v, x and y clause 6 of this Article.
9.
Remedial measures:
a)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in this Article;
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Article
19. Penalties for discharging wastewater with hazardous environmental
parameters into environment or discharging wastewater with pH values exceeding
permissible limits prescribed in technical regulation on waste:
1. A
warning shall be issued if the total amount of wastewater discharged is under
1.1 times higher than permissible limit prescribed in technical regulation on
waste (in excess of the permissible limit prescribed in technical regulation by
less than 10%).
2. The
following penalties shall be imposed if the total wastewater discharge rate is
1.1 to under 1.5 times or is under 1.1 times higher than permissible limit
prescribed in technical regulation on waste if the offence is repeated or
committed multiple times:
a) A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
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h) A
fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 170,000,000 to VND 190,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 190,000,000 to VND 210,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 210,000,000 to VND 230,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
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s) A
fine ranging from VND 250,000,000 to VND 270,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 270,000,000 to VND 290,000,000 shall be imposed for discharging
wastewater at a rate of 2,500 m3/day (24 hours) to less than 3,000 m3/day
(24 hours);
u) A
fine ranging from VND 290,000,000 to VND 310,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 310,000,000 to VND 330,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 330,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 350,000,000 to VND 370,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 370,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
3. The
following penalties shall be imposed if the total wastewater discharge rate is
1.5 to under 02 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
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c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less than
40 m3/day (24 hours);
dd) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging
wastewater at a rate of 400 m3/day (24 hours) to less than 600 m3/day
(24 hours);
l) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
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n) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
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x) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
4. The
following penalties shall be imposed if the total wastewater discharge rate is
02 to under 03 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
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h) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
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s) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
5. The
following penalties shall be imposed if the total wastewater discharge rate is
03 to under 05 times higher than permissible limit prescribed in technical
regulation on waste:
a) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
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c) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
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n) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A fine
ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging
wastewater at a rate of 3,000 m3/day (24 hours) to less than 3,500 m3/day
(24 hours);
uu) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
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x) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
6. The
following penalties shall be imposed if the total wastewater discharge rate is
at least 05 times higher than permissible limit prescribed in technical
regulation on waste, except for environmental crimes:
a) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less than
10 m3/day (24 hours);
c) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less than
60 m3/day (24 hours);
e) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
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h) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 300 m3 or more/day (24 hours),
except for environmental crimes.
7.
Penalties for discharging wastewater with the pH value of 4 to under the
permissible lower limit prescribed in the technical regulation or from the
permissible upper limit prescribed in the technical regulation to under 10.5:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
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g) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging
wastewater at a rate of 200 m3/day (24 hours) to less than 400 m3/day
(24 hours);
k) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
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r) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
8.
Penalties for discharging wastewater in excess of the permissible limit
prescribed in the technical regulation on waste with the pH value of 02 to
under 04 or of 10.5 to under 12.5:
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b) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
e) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 60 m3/day (24 hours) to less
than 80 m3/day (24 hours);
g) A
fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A fine
ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
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m) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
q) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 1,600 m3/day (24 hours) to less
than 1,800 m3/day (24 hours);
r) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging wastewater at a rate of 1,800 m3/day (24 hours) to less
than 2,000 m3/day (24 hours);
s) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
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v) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
9.
Penalties for discharging wastewater in excess of the permissible limit
prescribed in the technical regulation on waste with the pH value of 0 to under
2 or of 12.5 to 14, except for environmental crimes:
a) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
discharging wastewater at a rate of less than 05 m3/day (24 hours);
b) A
fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for
discharging wastewater at a rate of 05 m3/day (24 hours) to less
than 10 m3/day (24 hours);
c) A
fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for
discharging wastewater at a rate of 10 m3/day (24 hours) to less
than 20 m3/day (24 hours);
d) A
fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for
discharging wastewater at a rate of 20 m3/day (24 hours) to less
than 40 m3/day (24 hours);
dd) A
fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for
discharging wastewater at a rate of 40 m3/day (24 hours) to less
than 60 m3/day (24 hours);
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g) A
fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for
discharging wastewater at a rate of 80 m3/day (24 hours) to less
than 100 m3/day (24 hours);
h) A
fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for
discharging wastewater at a rate of 100 m3/day (24 hours) to less
than 200 m3/day (24 hours);
i) A
fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for
discharging wastewater at a rate of 200 m3/day (24 hours) to less
than 400 m3/day (24 hours);
k) A
fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for
discharging wastewater at a rate of 400 m3/day (24 hours) to less
than 600 m3/day (24 hours);
l) A
fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
discharging wastewater at a rate of 600 m3/day (24 hours) to less
than 800 m3/day (24 hours);
m) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging wastewater at a rate of 800 m3/day (24 hours) to less
than 1,000 m3/day (24 hours);
n) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging wastewater at a rate of 1,000 m3/day (24 hours) to less
than 1,200 m3/day (24 hours);
o) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging wastewater at a rate of 1,200 m3/day (24 hours) to less
than 1,400 m3/day (24 hours);
p) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging wastewater at a rate of 1,400 m3/day (24 hours) to less
than 1,600 m3/day (24 hours);
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r) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging
wastewater at a rate of 1,800 m3/day (24 hours) to less than 2,000 m3/day
(24 hours);
s) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging wastewater at a rate of 2,000 m3/day (24 hours) to less
than 2,500 m3/day (24 hours);
t) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging wastewater at a rate of 2,500 m3/day (24 hours) to less
than 3,000 m3/day (24 hours);
u) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging wastewater at a rate of 3,000 m3/day (24 hours) to less
than 3,500 m3/day (24 hours);
uu) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging wastewater at a rate of 3,500 m3/day (24 hours) to less
than 4,000 m3/day (24 hours);
v) A
fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for
discharging wastewater at a rate of 4,000 m3/day (24 hours) to less
than 4,500 m3/day (24 hours);
x) A
fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for
discharging wastewater at a rate of 4,500 m3/day (24 hours) to less
than 5,000 m3/day (24 hours);
y) A
fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for
discharging wastewater at a rate of 5,000 m3 or more/day (24 hours).
10. A
fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for
discharging wastewater containing
radioactive substances causing environmental radioactive contamination in
excess of the permissible limit prescribed in the technical regulation, except
for environmental crimes.
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12.
Additional penalties:
a)
Suspending operation of the business establishment's source of waste causing
environmental pollution for 03 - 06 months in case of commission of the
offences specified in points h, i, k, l, m, n, o, p, q, r, s and t clause 4,
points g, h, i, k, l, m, n, o, p, q, r and s clause 5 and points e, g, h, i and
k clause 6, points h, i and k clause 7, points g, h, i and k clause 8 and
points e, g, h, i and k clause 9 of this Article;
b)
Suspending the environmental license of the environmental license holder for 06
- 12 months in case of commission of the offences specified in points u, uu, v,
x and y clause 4, points t, u, uu, v, x and y clause 5 and clause 10 of this
Article;
c)
Suspending the environmental license of the establishment other than that
specified in point b of this clause for 06 - 12 months in case of commission of the offences
specified in points u, uu, v, x and y clause 4, points t, u, uu, v, x and y
clause 5 and clause 10 of this Article.
13. Remedial
measures:
a)
Mandatory application of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article.
Article
20. Offences against regulations on discharge of dust and emission containing
conventional environmental parameters into environment
1. The
following penalties shall be imposed if foul-smelling substances are discharged
into the environment; if the total dust emission rate or total emission
discharge rate is under 1.1 times higher than permissible limit prescribed in
technical regulation on waste (in excess of the permissible limit prescribed in
technical regulation by less than 10%):
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b) A
fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for
discharging foul-smelling substances into the environment if the offence is
repeated or committed multiple times.
2. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is 1.1 times to under 1.5 times higher than permissible
limit prescribed in technical regulation on waste or is under 1.1 times higher
than permissible limit prescribed in technical regulation on waste if the
offence is repeated or committed multiple times:
a) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging emission at a rate of 5,000 m3/hour to less than 10,000
m3/hour;
d) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
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i) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 50,000 m3/hour to less than 55,000
m3/hour;
n) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
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t) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging
emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
t) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
3. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is 1.5 times to under 02 times higher than permissible
limit prescribed in technical regulation on waste:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging emission at a rate of 5,000 m3/hour to less than 10,000
m3/hour;
d) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
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e) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging
emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
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q) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
s) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A fine
ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
u) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
4. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is 02 times to under 03 times higher than permissible
limit prescribed in technical regulation on waste:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
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c) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 5,000 m3/hour to less than 10,000
m3/hour;
d) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
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n) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging
emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
s) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
u) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging
emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
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5. The
following penalties shall be imposed if the total volume of wastewater
discharged is at least 03 times higher than permissible limit prescribed in
technical regulation on waste, except for environmental crimes:
a) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging
emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 5,000 m3/hour to less than 10,000
m3/hour;
d) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
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k) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 50,000 m3/hour to less than 55,000
m3/hour;
n) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
s) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
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u) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
6. Fines
shall be 10% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is 1.1 to under 1.5 times higher
than the permissible limit prescribed in the technical regulation; 20% more
than the selected highest fine for offences prescribed in this Article if each
environmental parameter is 1.5 to under 02 times higher than the permissible
limit prescribed in the technical regulation; 30% more than the selected
highest fine for offences prescribed in this Article if each environmental
parameter is 02 to under 03 times higher than the permissible limit prescribed
in the technical regulation; 40% more than the selected highest fine for
offences prescribed in this Article if each environmental parameter is at least
03 times higher than the permissible limit prescribed in the technical
regulation. Total fine imposed for each act of offence must not exceed VND
1,000,000,000.
7. Additional
penalties:
a)
Suspending operation of the business establishment's source of waste causing
environmental pollution for 03 - 06 months in case of commission of the
offences specified in points i, k, l, m, n, o, p, q, r and s clause 2, points
h, i, k, l, m, n, o, p, q and r clause 3, and points g, h, i, k, l, m, n, o, p
and q clause 4 and points e, g, h, i, k, l, m, n, o and p clause 5 of this
Article;
b)
Suspending the environmental license of the environmental license holder for 06
- 12 months in case of commission of the offences specified in points t, u, uu and v clause 2,
points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and
points q, r, s, t, u, uu and v clause 5 of this Article;
c)
Suspending the environmental license of the establishment other than that
specified in point b of this clause for 06 - 12 months in case of commission of
the offences specified in points t, u, uu and v clause 2, points s, t, u, uu
and v clause 3, points r, s, t, u, uu and v clause 4 and points q, r, s, t, u,
uu and v clause 5 of this Article.
8.
Remedial measures:
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b)
Mandatory payment of costs of solicitation of assessment, inspection, measurement
and analysis of environmental samples for discharge of waste in excess of the
permissible limit specified in the environmental technical regulation or
causing environmental pollution according to current norms and prices in case
of commission of the offences prescribed in this Article.
Article
21. Offences against regulations on discharge of dust and emission containing
hazardous environmental parameters into environment
1. A
warning shall be issued if chemicals or organic
solvent vapors are discharged in the production zone or residential zone
causing a typical smell of such chemicals or organic solvent vapors; if the
total dust emission rate or total emission discharge rate is under 1.1 times
higher than permissible limit prescribed in technical regulation on waste (in
excess of the permissible limit prescribed in technical regulation by less than
10%).
2. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is 1.1 times to under 1.5 times higher than permissible
limit prescribed in technical regulation on waste or is under 1.1 times higher
than permissible limit prescribed in technical regulation on waste if the
offence is repeated or committed multiple times:
a) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging
emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
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g) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 50,000 m3/hour to less than 55,000
m3/hour;
n) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 450,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
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r) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging
emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
u) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
3. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is 1.5 times to under 02 times higher than permissible
limit prescribed in technical regulation on waste:
a) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
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d) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 50,000 m3/hour to less than 55,000
m3/hour;
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o) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
s) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
u) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3/hour.
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a) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 5,000 m3/hour to less than 10,000
m3/hour;
d) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
g) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 25,000 m3/hour to less than 30,000
m3/hour;
h) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
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l) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 50,000 m3/hour to less than 55,000
m3/hour;
n) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
r) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 75,000 m3/hour to less than 80,000
m3/hour;
s) A
fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
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uu) A
fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
5. The
following penalties shall be imposed if the total dust emission rate or total
emission discharge rate is at least 03 times higher than permissible limit
prescribed in technical regulation on waste, except for environmental crimes:
a) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for
discharging emission at a rate of less than 500 m3/hour;
b) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for
discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine
ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging
emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for
discharging emission at a rate of 10,000 m3/hour to less than 15,000
m3/hour;
dd) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
discharging emission at a rate of 15,000 m3/hour to less than 20,000
m3/hour;
e) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging emission at a rate of 20,000 m3/hour to less than 25,000
m3/hour;
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h) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging emission at a rate of 30,000 m3/hour to less than 35,000
m3/hour;
i) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
discharging emission at a rate of 35,000 m3/hour to less than 40,000
m3/hour;
k) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
discharging emission at a rate of 40,000 m3/hour to less than 45,000
m3/hour;
l) A
fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for
discharging emission at a rate of 45,000 m3/hour to less than 50,000
m3/hour;
m) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging
emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A
fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for
discharging emission at a rate of 55,000 m3/hour to less than 60,000
m3/hour;
o) A
fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for
discharging emission at a rate of 60,000 m3/hour to less than 65,000
m3/hour;
p) A
fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for
discharging emission at a rate of 65,000 m3/hour to less than 70,000
m3/hour;
q) A
fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for
discharging emission at a rate of 70,000 m3/hour to less than 75,000
m3/hour;
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s) A
fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for
discharging emission at a rate of 80,000 m3/hour to less than 85,000
m3/hour;
t) A
fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for
discharging emission at a rate of 85,000 m3/hour to less than 90,000
m3/hour;
u) A
fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for
discharging emission at a rate of 90,000 m3/hour to less than 95,000
m3/hour;
uu) A
fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for
discharging emission at a rate of 95,000 m3/hour to less than
100,000 m3/hour;
v) A
fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for
discharging emission at a rate of 100,000 m3 or more/hour.
6. A
fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for
discharging dust or emission containing radioactive substances causing environmental
radioactive contamination in excess of the permissible limit prescribed in the
technical regulation, except for environmental crimes.
7. Fines
shall be 10% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is 1.1 to under 1.5 times higher
than the permissible limit prescribed in the technical regulation; 20% more
than the selected highest fine for offences prescribed in this Article if each
environmental parameter is 1.5 to under 02 times higher than the permissible
limit prescribed in the technical regulation; 30% more than the selected
highest fine for offences prescribed in this Article if each environmental
parameter is 02 to under 03 times higher than the permissible limit prescribed
in the technical regulation; 40% more than the selected highest fine for
offences prescribed in this Article if each environmental parameter is at least
03 times higher than the permissible limit prescribed in the technical
regulation. Total fine imposed for each act of offence must not exceed VND
1,000,000,000.
8.
Additional penalties:
a)
Suspending operation of the business establishment's source of waste causing
environmental pollution for 03 - 06 months in case of commission of the
offences specified in points h, i, k, l, m, n, o, p, q and r clause 2, points
g, h, i, k, l, m, n, o, p and q clause 3, and points e, g, h, i, k, l, m, n, o
and p clause 4 and points dd, e, g, h, i, k, l, m, n and o clause 5 of this
Article;
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c)
Suspending the environmental license of the establishment other than that
specified in point b of this clause for 06 - 12 months in case of commission of
the offences specified in points s, t, u, uu and v clause 2, points r, s, t, u,
uu and v clause 3, points q, r, s, t, u, uu and v clause 4 and points p, q, r,
s, t, u, uu and v clauses 5 and 6 of this Article.
9.
Remedial measures:
a)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article.
Article
22. Offences against regulations on noise
1. A
warning shall be issued if the noise is less than 02 dBA higher than the
permissible exposure level of noise prescribed in the technical regulation on
noise.
2. A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the noise
is 02 dBA to under 05 dBA higher than the permissible exposure level of noise
prescribed in the technical regulation on noise.
3. A
fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the noise
is 05 dBA to under 10 dBA higher than the permissible exposure level of noise
prescribed in the technical regulation on noise.
4. A
fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the
noise is 10 dBA to under 15 dBA higher than the permissible exposure level of
noise prescribed in the technical regulation on noise.
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6. A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the
noise is 20 dBA to under 25 dBA higher than the permissible exposure level of
noise prescribed in the technical regulation on noise.
7. A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the
noise is 25 dBA to under 30 dBA higher than the permissible exposure level of
noise prescribed in the technical regulation on noise.
8. A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the
noise is 30 dBA to under 35 dBA higher than the permissible exposure level of
noise prescribed in the technical regulation on noise.
9. A
fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the
noise is 35 dBA to under 40 dBA higher than the permissible exposure level of
noise prescribed in the technical regulation on noise.
10. A
fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the
noise is at least 40 dBA higher than the permissible exposure level of noise
prescribed in the technical regulation on noise.
11. Additional
penalties:
a)
Suspending the business establishment’s activities causing noise pollution for
03 - 06 months in case of commission of the offences specified in clauses 4, 5,
6 and 7 of this Article;
b)
Suspending the business establishment’s operation for 06 - 12 months in case of
commission of the offences specified in clauses 8, 9 and 10 of this Article.
12.
Remedial measures:
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b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for generating noise in
excess of the permissible exposure level of noise prescribed in the
environmental technical regulation or causing noise pollution according to
current norms and prices in case of commission of the offences prescribed in
this Article.
Article
23. Offences against regulations on vibration
1.
Penalties for offences against regulations on construction vibration are as
follows:
a) A
warning shall be issued if the vibration is less than 02 dB higher than the
permissible level prescribed in the technical regulation on vibration;
b) A
fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the
vibration is 02 dB to under 05 dB higher than the permissible level prescribed
in the technical regulation on vibration;
c) A
fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the
vibration is 05 dB to under 10 dB higher than the permissible level prescribed
in the technical regulation on vibration;
d) A
fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the
vibration is 10 dB to under 15 dB higher than the permissible level prescribed
in the technical regulation on vibration;
dd) A
fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if the
vibration is 15 dB to under 20 dB higher than the permissible level prescribed
in the technical regulation on vibration;
e) A
fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the
noise is 20 dB to under 25 dB higher than the permissible level prescribed in
the technical regulation on vibration;
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h) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the
noise is 30 dB to under 35 dB higher than the permissible level prescribed in
the technical regulation on vibration;
i) A
fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the
noise is 35 dB to under 40 dB higher than the permissible level prescribed in
the technical regulation on vibration;
k) A
fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the
noise is at least 40 dB higher than the permissible level prescribed in the
technical regulation on vibration.
2.
Penalties for offences against regulations on vibration during production, commercial activities
and service provision are as follows:
a) A
warning shall be issued if the vibration is less than 02 dB higher than the
permissible level prescribed in the technical regulation on vibration;
b) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the
vibration is 02 dB to under 05 dB higher than the permissible level prescribed
in the technical regulation on vibration;
c) A
fine ranging from VND 5,000,000 to VND 30,000,000 shall be imposed if the
vibration is 05 dB to under 10 dB higher than the permissible level prescribed
in the technical regulation on vibration;
d) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the
vibration is 10 dB to under 15 dB higher than the permissible level prescribed
in the technical regulation on vibration;
dd) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the
vibration is 15 dB to under 20 dB higher than the permissible level prescribed
in the technical regulation on vibration;
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g) A
fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed if the
noise is 25 dB to under 30 dB higher than the permissible level prescribed in
the technical regulation on vibration;
h) A
fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed if the
noise is 30 dB to under 35 dB higher than the permissible level prescribed in
the technical regulation on vibration;
i) A fine
ranging from VND 130,000,000 to VND 150,000,000 shall be imposed if the noise
is 35 dB to under 40 dB higher than the permissible level prescribed in the
technical regulation on vibration;
k) A
fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed if the
noise is at least 40 dB higher than the permissible level prescribed in the
technical regulation on vibration.
3.
Additional penalties:
a)
Suspending the business establishment’s vibration-causing activities for 03- 06
months in case of commission of the offences specified in points d, dd, e and g
clause 1 and points d, dd, e and g clause 2 of this Article;
b)
Suspending the business establishment’s activities for 06 - 12 months in case
of commission of the offences specified in points h, i and k clause 1 and
points h, i and k clause 2 of this Article.
4.
Remedial measures:
a)
Mandatory application of measures to reduce vibration in accordance with
technical regulations within the period regulated by the person having the
power to impose penalties in the decision to impose penalties for the
administrative offences prescribed in this Article;
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Article
24. Acts of causing soil, water and/or air pollution; causing long-lasting
environmental pollution
1. A
fine ranging from VND 40,000,000 to VND 50,000,000 imposed for leakage or
discharge of toxic chemicals into soil or water in contravention of the
regulations on environmental protection.
2.
Penalties for discharging pathogenic sources into the environment shall be
imposed under regulations of law on imposition of penalties for administrative
offences in medical sector.
3.
Penalties for acts of causing soil or water pollution (including either
groundwater or surface water inside or outside a business establishment) or the
air pollution at a level in excess of the permissible limit prescribed in the
technical regulation on soil, water or ambient air:
a) A
fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed if the
content of soil, water or air pollutant (environmental parameter) is under 03
times (if it is a hazardous environmental parameter) or under 05 times (if it
is a conventional environmental parameter) higher than the permissible limit
prescribed in relevant technical regulation;
b) A
fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the
content of soil, water or air pollutant (environmental parameter) is 03 times
to under 05 times (if it is a hazardous environmental parameter) or 05 times to
under 10 times (if it is a conventional environmental parameter) higher than
the permissible limit prescribed in relevant technical regulation;
c) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed if the
content of soil, water or air pollutant (environmental parameter) is at least
05 times (if it is a hazardous environmental parameter) or at least 10 times
(if it is a conventional environmental parameter) higher than the permissible
limit prescribed in relevant technical regulation.
4. Fines
shall be 20% to 30% more than the fine for the offences prescribed in Articles
18, 19, 20 and 21; clause 4 Article 25, point d clause 5 and clause 8 Article
26; point a clause 6, clause 7, point b clause 8 Article 29; clause 7, point b
clause 8 Article 30; clause 7, point b clause 8 Article 31; clauses 4 and 5
Article 36 or the offences committed in the ecological restoration sub-zones or
strictly protected zones of sanctuaries in which the content of soil, water or
air pollutant is under 03 times (if it is a hazardous environmental parameter)
or less than 05 times (if it is a conventional environmental parameter) higher than the permissible
limit prescribed in technical regulation soil, water or ambient air. Total fine
imposed for each act of offence must not exceed VND 1,000,000,000.
5. Fines
shall be 30% to 40% more than the fine for the offences prescribed in Articles
18, 19, 20 and 21; clause 4 Article 25, point d clause 5 and clause 8 Article
26; point a clause 6, clause 7, point b clause 8 Article 29; clause 7, point b
clause 8 Article 30; clause 7, point b clause 8 Article 31; clauses 4 and 5
Article 36 or the offences committed in the ecological restoration sub-zones or
strictly protected zones of sanctuaries in which the content of soil, water or
air pollutant is 03 times to under 05 times (if it is a hazardous environmental
parameter) or 05 times to under 10 times (if it is a conventional environmental
parameter) higher than the permissible limit prescribed in technical regulation
soil, water or ambient air. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
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7. A
fine ranging from VND 130,000,000 to VND 150,000,000 imposed for causing
environmental pollution in cases where an offence is committed multiple times
or for repeating any of the following offences for which an administrative
penalty has been imposed while the consequences of the offence fails to be
rectified within time limit for rectification:
a) The
total wastewater discharge rate is at least 03 times (in case of a conventional
environmental parameter) or at least 02 times (in case of a hazardous
environmental parameter) higher than permissible limit prescribed in technical
regulation on waste;
b) The
total wastewater discharge rate is at least 02 times (in case of a conventional
environmental parameter) or at least 1.5 times (in case of a hazardous
environmental parameter) higher than permissible limit prescribed in technical
regulation on waste;
c) Noise
generated is at least 10 dBA or vibration generated is at least 20 dBA higher
than the permissible level prescribed in the technical regulation on vibration.
8.
Additional penalties:
a)
Suspending the environmental license of the environmental license holder for 03
- 06 months in case of commission of the offences specified in point a clause 3
and clause 4 of this Article;
b)
Suspending the environmental license of the establishment other than that specified
in point a of this clause for 03 - 06 months in case of commission of the
offences specified in point a clause 3 and clause 4 of this Article;
c)
Suspending the environmental license of the environmental license holder for 06
- 09 months in case of commission of the offences specified in points b and c
clause 3, clause 5 and clause 7 of this Article;
d)
Suspending the environmental license of the establishment other than that
specified in point c of this clause for 06 - 09 months in case of commission of
the offences specified in points b and c clause 3, clause 5 and clause 7 of
this Article;
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a)
Mandatory restoration to original state of environment or mandatory
environmental remediation in accordance with regulations, mandatory application
of remedial measures against environmental pollution within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article.
Article
25. Offences against regulations on environmental protection in public areas,
urban areas and residential areas; transport of raw materials, materials and
goods causing environmental pollution
1. A
warning shall be imposed for failure to post regulations on environmental
hygiene in public areas.
2.
Penalties for collecting or discharging waste in contravention of regulations
on environmental protection are as follows:
a) A
fine ranging from VND 100,000 to VND 150,000 shall be imposed for throwing,
littering or discarding cigarette butts, leftovers and ashes at undesignated
locations in apartment buildings, commercial, service or public areas;
b) A
fine ranging from VND 150,000 to VND 250,000 shall be imposed for addressing personal sanitation needs (e.g.
urination, defecation) at undesignated locations in apartment buildings,
commercial, service or public areas;
c) A
fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for throwing or
littering waste or pouring wastewater at undesignated locations in apartment
buildings, commercial, service or public areas, except for the offence
mentioned in point d of this clause;
d) A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for throwing
or littering domestic waste on sidewalks, pavements or municipal sewerage
systems or surface water drainage systems; for pouring wastewater at
undesignated locations on road sidewalks or pavements; discharging domestic
plastic waste into ponds, lakes, channels, rivers, streams or sea.
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4. A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure
to use specialized equipment or means of transport to ensure that raw materials
or materials cannot leak into the environment during the transportation.
5. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of
the following offences against regulations on management of parks, recreational
areas, festivals, tourism areas, markets, train stations, bus stations,
wharves, ports, ferries and other public areas:
a)
Failure to have sufficient public conveniences, facilities and equipment for
collecting waste in order to meet demand on keeping environmental hygiene as
regulated;
b)
Failure to collect waste within the scope of management as prescribed;
c)
Failure to assign personnel to collect waste or clean the environment in places
under their management; failure to have personnel or teams in charge of
environmental protection for supervision and inspection purposes;
6. A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed upon an
investor in construction of an urban area or high density residential area for
any of the following offences against environmental protection:
a)
Failure to separate rainwater drainage network from wastewater drainage
network; failure to have public conveniences satisfying environmental
protection requirements;
b)
Failure to have a synchronous system for collecting and treating wastewater in
accordance with the approved planning;
c)
Failure to make equipment, facilities or locations available for classifying at
source, collecting or storing domestic waste in conformity with the quantity
and type of waste generated from households or individuals in the high density
residential area;
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7.
Remedial measures:
a)
Mandatory restoration to original condition; in case of causing environmental
pollution, mandatory application of remedial measures against environmental
pollution caused by the administrative offences specified in points c and d
clause 2, clause 3 and clause 4 of this Article;
b)
Mandatory construction or installation of an environmental protection work
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the administrative offences prescribed
in points a, b and c clause 6 of this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in clauses 5 and 6 of this Article.
Article
26. Offences against regulations on classification, collection, transport,
burial, dumping, burning and treatment of normal solid waste
1. A
fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a
household or individual that fails to classify domestic solid waste in
accordance with regulations; fails to use packaging that contains domestic solid
waste as prescribed.
2.
Penalties for offences committed by an authority, organization or owner of a
business establishment that generates normal industrial solid waste are as
follows:
a) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure
to make a record on transfer of normal industrial solid waste subject to
mandatory treatment for each transfer as prescribed;
b) A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure
to classify normal industrial solid waste at source as prescribed; having
equipment or instrument for containing normal industrial solid waste which fails to satisfy
technical requirements for environment protection as prescribed; have a
warehouse or area for storage of normal industrial solid waste which fails to satisfy technical requirements for
environment protection as prescribed; failure to sign a contract with a unit
licensed to collect, transport or treat normal industrial solid waste as
prescribed;
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d) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for
self-recycling, treating, co-processing or recovering energy from normal
industrial solid waste without satisfying environmental protection requirements
as prescribed.
3.
Penalties for offences committed by an authority, organization, business
establishment or investor in construction and commercial operation of a
dedicated area for production, business and service provision or industrial
cluster that generates at least 300 kg of domestic solid waste per day, except for the cases
specified in clauses 1 and 2 of this Article are as follows:
a) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure
to sign a contract with the unit licensed to collect, transport, re-use,
recycle or treat waste as prescribed;
b) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using
means of transport used for carrying domestic solid waste that fails to satisfy
technical requirements for environmental protection as prescribed.
4.
Penalties for offences against regulations on collection or transport of normal
industrial solid waste are as follows:
a) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure
to make a record on transfer of normal industrial solid waste for each transfer
or a series of transfer regarding a group of normal industrial solid waste as
prescribed;
b) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure
to sign a contract for collection and transport of group of normal industrial
solid waste subject to mandatory treatment with the waste generator as
prescribed;
c) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to use means of transport, equipment for storage, transfer stations or area for
temporary storage of normal industrial solid waste in accordance with technical
requirements for environmental protection requirements as prescribed; failure
to transport normal industrial solid waste after classification as prescribed;
having means of transport used for carrying normal industrial solid waste which
fails to be equipped with a tracking device as prescribed; collecting or
transporting normal industrial solid waste without following the route or
timing regulations prescribed by the provincial People’s Committee.
5.
Penalties for offences against regulations on collection, transport or
treatment of domestic solid waste are as follows:
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b) A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure
to transport solid domestic waste to the prescribed aggregation point, transfer
station or location or treatment facility as prescribed; transporting solid
domestic waste without following the routes or timing regulations prescribed by
the provincial People’s Committee; failure to cooperate with the communal
People's Committee, residential community or representative of residential
community in determining time, location, frequency and route for domestic solid
waste collection; failure to notify the provincial specialized environmental
protection authority of date of closure of domestic solid waste landfill for
supervision as prescribed; failure to notify the authority approving EIAR
appraisal result of the actual condition of the domestic solid waste landfill
as prescribed within 6 months from the date of closure of the domestic solid
waste landfill as prescribed;
c) A
fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure
to provide adequate personnel, specialized vehicles and equipment for
collecting and transporting all domestic solid waste at designated places;
using means of transport used for carrying domestic solid waste that is not
equipped with a tracking device or fails to provide transport information or
data to the local competent authority;
d) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using
vehicles and equipment that fails to satisfy technical requirements for
environmental protection as prescribed; dropping domestic solid waste, causing
dust, odor or water leakage adversely affecting the environment during the
collection and transport; failure to clean or deodorize means of transport used
for carrying domestic solid waste before leaving the transfer station or
treatment facility and after completing the collection and transportation of
domestic solid waste;
dd) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to provide equipment or vehicles for collection and transport used for carrying
domestic solid waste as prescribed; failure to provide vehicles or equipment
for collection and storage of leachate at transfer stations as prescribed; upon
a domestic solid waste transfer station that fails to satisfy one of the
technical requirements for environmental protection as prescribed; upon a
domestic solid waste aggregation point that fails to have any waste storage
equipment as prescribed or fails to carry out cleaning or deodorization or have
lights as prescribed;
e) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to have any safety sign/instruction at the domestic solid waste landfill after its closure;
failure to compile dossiers and transfer premises to the competent authority
after finishing pollution remediation and environmental improvement of the
domestic solid waste landfill as prescribed; failure to re-make the
topographical map of the domestic solid waste landfill as prescribed;
g) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
failure to improve landscape, take measures to prevent pollution immediately
after closure of the domestic solid waste landfill; failure to carry out
monitoring or monitor environmental changes at the domestic solid waste
landfill from the date on which the landfill closure is done and notify the
provincial specialized environmental protection authority as prescribed;
6.
Penalties for offences committed by an investment project owner, owner, urban
area management board, apartment building or office building are as follows:
a) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
failure provide any equipment, vehicle or space for classifying at source,
collecting an storing domestic waste as prescribed;
b) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
failure to collect waste from households and individuals as prescribed; failure
to create an appropriate domestic solid waste aggregation point within the
investment project as prescribed.
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a) A
fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure
to submit a periodic or ad hoc report on current generation and treatment of
normal industrial solid waste at the competent authority’s request; failure to
make a record on transfer of normal industrial solid waste subject to mandatory
treatment for each transfer; failure to prepare a logbook recording operation
of treatment system, vehicle and equipment, including preliminary processing,
re-use, recycling, co-processing of and recovery of energy from normal
industrial solid waste as prescribed; failure to make a log of quantity of
products recycled or recovered from normal industrial solid waste as
prescribed;
b) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure
to have any vehicle, equipment or tool for storage of normal industrial solid
waste that satisfies technical requirements as prescribed;
c) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
treating normal
industrial solid waste at an unauthorized location, in excess of the
permissible capacity or in a manner that is not suitable for the installed
waste treatment system and equipment; having an indoor or outdoor normal
industrial solid waste warehouse or storage area that fails to satisfy
technical requirements for environmental protection as prescribed;
d) A
fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for
failure to have a normal industrial solid waste warehouse as prescribed.
8.
Penalties for transferring, giving or selling normal solid waste to units which
have no functions or capabilities of waste treatment as regulated; burying,
dumping, discharging and burning of normal solid waste in contravention of regulations on
environmental protection, except for environmental crimes; receiving normal
solid waste but failing to implement any treatment method or failing to
transfer it to units having the functions of waste treatment as regulated are
as follows:
a) A
fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning less than 1,000 kg of normal solid waste;
b) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 1,000 kg to less than 2,000 kg of normal solid waste;
c) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 2,000 kg to less than 3,000 kg of normal solid waste;
d) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 3,000 kg to less than 4,000 kg of normal solid waste;
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e) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 5,000 kg to less than 10,000 kg of normal solid waste;
g) A
fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 10,000 kg to less than 20,000 kg of normal solid waste;
h) A
fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 20,000 kg to less than 30,000 kg of normal solid waste;
i) A
fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 30,000 kg to less than 40,000 kg of normal solid waste;
k) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 40,000 kg to less than 60,000 kg of normal solid waste;
l) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 60,000 kg to less than 80,000 kg of normal solid waste, except for
environmental crimes;
m) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning 80,000 kg to less than 100,000 kg of normal solid waste, except for
environmental crimes;
n) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
transferring, giving, selling, receiving, burying, dumping, discharging or
burning at least 100,000 kg of normal solid waste.
9. Fines
shall be 40% to 50% more than the corresponding fine for the offences
prescribed in clause 8 of this Article if such offences result in environmental
pollution or the normal solid waste containing hazardous environmental parameters
in excess of the permissible limits prescribed technical regulations on
surrounding environment. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
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11. If
an authority, organization, business establishment, investor in construction
and commercial operation of a dedicated area for production, business and
service provision or industrial cluster generates less than 300 kg of domestic
solid waste per day and chooses the household- or individual-based domestic
solid waste management method, penalties for the offences imposed as prescribed
in clause 1 of this Article are the same as those imposed on an organization.
12.
Additional penalties:
a)
Suspending operation of the domestic solid waste treatment facility for 01 - 03
months in case of commission of the offences specified in point c clause 7,
points l, m and n clause 8 and clause 9 of this Article;
b)
Suspending operation of the domestic solid waste treatment facility for 03 - 06
months in case of commission of the offences specified in clause 10 of this
Article;
c)
Confiscating instruments of the administrative offences prescribed in case of
commission of the offences specified in points e, g, h, i, k, l, m and n clause
8, clause 9 and clause 10 of this Article.
13.
Remedial measures:
a)
Mandatory restoration to original state of environment or mandatory transfer of
normal solid waste to the units having treatment functions in case of
commission of the offences specified in clause 8 of this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in clauses 9 and 10 of
this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in clauses 8, 9 and 10 of this Article.
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1.
Penalties for introducing waste into Vietnam’s territory against the law are as
follows:
a) A fine
ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for introducing
less than 1,000 kg of normal solid waste into Vietnam’s territory;
b) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
introducing 1,000 kg to less than 2,000 kg of normal solid waste into Vietnam’s
territory;
c) A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
introducing 2,000 kg to less than 3,000 kg of normal solid waste into Vietnam’s
territory;
d) A
fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for
introducing 3,000 kg to less than 4,000 kg of normal solid waste into Vietnam’s
territory;
dd) A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for
introducing 4,000 kg to less than 5,000 kg of normal solid waste into Vietnam’s
territory;
e) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for
introducing 5,000 kg to less than 10,000 kg of normal solid waste into
Vietnam’s territory;
g) A
fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for
introducing 10,000 kg to less than 20,000 kg of normal solid waste into
Vietnam’s territory;
h) A
fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for
introducing 20,000 kg to less than 30,000 kg of normal solid waste into
Vietnam’s territory;
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k) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
introducing 40,000 kg to less than 60,000 kg of normal solid waste into
Vietnam’s territory;
l) A
fine ranging from VND 100,000,000 to VND 15,000,000 shall be imposed for
introducing 60,000 kg to less than 70,000 kg of normal solid waste into
Vietnam’s territory.
2.
Penalties for introducing hazardous waste into Vietnam’s territory against the
law are as follows:
a) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
introducing into Vietnam less than 50 kg of hazardous waste that contains
extremely hazardous constituents beyond the limits prescribed by law or
contains persistent organic pollutants (POPs) in Annex A to the Stockholm
Convention on POPs or less than 100 kg of other hazardous waste;
b) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
introducing into Vietnam 50 kg to less than 125 kg of hazardous waste that
contains extremely hazardous constituents beyond the limits prescribed by law
or contains POPs in Annex A to the Stockholm Convention on POPs or 100 kg to
less than 250 kg of other hazardous waste;
c) A
fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
introducing into Vietnam 125 kg to less than 250 kg of hazardous waste that contains
extremely hazardous constituents beyond the limits prescribed by law or
contains POPs in Annex A to the Stockholm Convention on POPs or 250 kg to less
than 500 kg of other hazardous waste;
d) A
fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
introducing into Vietnam 250 kg to less than 400 kg of hazardous waste that
contains extremely hazardous constituents beyond the limits prescribed by law
or contains POPs in Annex A to the Stockholm Convention on POPs or 500 kg to
less than 1,000 kg of other hazardous waste;
dd) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
introducing into Vietnam 400 kg to less than 650 kg of hazardous waste that
contains extremely hazardous constituents beyond the limits prescribed by law
or contains POPs in Annex A to the Stockholm Convention on POPs or 1,000 kg to
less than 1,500 kg of other hazardous waste;
e) A
fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for
introducing into Vietnam 650 kg to less than 800 kg of hazardous waste that
contains extremely hazardous constituents beyond the limits prescribed by law
or contains POPs in Annex A to the Stockholm Convention on POPs or 1,500 kg to
less than 2,000 kg of other hazardous waste;
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h) A
fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for
introducing into Vietnam 900 kg to less than 1,000 kg of hazardous waste that
contains extremely hazardous constituents beyond the limits prescribed by law
or contains POPs in Annex A to the Stockholm Convention on POPs or 2,500 kg to
less than 3,000 kg of other hazardous waste.
3.
Remedial measures:
Mandatory
re-export or mandatory destruction required if the re-export is impossible in
case of commission of the offences specified in this Article.
Article
28. Offences against regulations on environmental protection during management
of persistent pollutants, raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants
1.
Penalties for the offences against regulations on environmental protection
during management of persistent pollutants, raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants are as follows:
a) A
fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure
to send the Ministry of Natural Resources and Environment a notification of
result of assessment of conformity of raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants after being
granted customs clearance and circulated on the market; failure to send the
Ministry of Natural Resources and Environment a notification of weight and names
of POPs (POPs) before import of each shipment as prescribed;
b) A
fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for
failure to label and declare information or incorrectly labeling or declaring
information about raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants as prescribed;
c) A fine ranging from VND
200,000,000 to VND 300,000,000 shall be imposed for failure to take measures
for collection, storage and safe management of persistent pollutants, raw
materials, fuels, materials, products, goods and equipment imported, produced
and used containing persistent pollutants as prescribed;
d) A
fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for
failure to take measures for collection, storage and safe management of
persistent pollutants, raw materials, fuels, materials, products, goods and
equipment containing persistent pollutants in excess of the permissible limits
as prescribed;
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e) A
fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for
importing, producing and using POPs and raw materials, fuels, materials,
products, goods and equipment containing POPs in Annex A to the Stockholm
Convention on POPs whose content exceeds the permissible limits as prescribed
by law; importing, producing and using POPs without registering specific exemptions
as prescribed, except for the case specified in clause 4 Article 35 of this
Decree.
2. A
fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for
performing one of the following acts: burying, dumping or discharging into the
environment or burning POPs in Annex A to the Stockholm Convention on POPs
against the law.
3.
Additional penalties:
Suspending
the operation of the business establishment for 03 - 06 months in case of
commission of the offences specified in points dd and e clause 1 and clause 2
of this Article.
4.
Remedial measures:
a)
Mandatory restoration to original state of environment in case of commission of
the offence specified in clause 2 of this Article;
b)
Mandatory re-export or mandatory destruction required if the re-export is
impossible and mandatory submission of reports on result of completed
remediation of consequences of offences in case of commission of the offences
specified in points dd and e clause 1 of this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in points dd and e clause 1 and clause 2
of this Article;
d)
Mandatory collection, storage and safe management of persistent pollutants, raw
materials, fuels, materials, products, goods and equipment imported, produced
and used containing persistent pollutants in accordance with regulations and
mandatory submission of reports on results of completed remediation of
consequences of offences in case of commission of the offences specified in
points dd and e clause 1 of this Article.
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1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for failure to notify the competent authority of storage of
hazardous waste in more than 01 year from the date on which it is generated if
an appropriate waste treatment facility or a feasible transport and treatment
plan is unavailable.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Failure to retain and
manage used hazardous waste manifests, files, documents and logbooks relating
to hazardous waste management as prescribed; failure to provide adequate
hazardous waste manifests to the competent authority for management and
inspection purposes as prescribed; failure to make a transfer record in case of
transferring hazardous medical waste for cluster model-based treatment as
prescribed;
b) Failure to notify the
competent authority in writing if, 06 months after the hazardous waste transfer
date, the two final copies of the hazardous waste manifest from the transferee
fails to be received as prescribed;
c) Failure to collect and
store hazardous waste as prescribed.
3. A fine ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
a) Failure to sign a
contract with the unit having an appropriate environmental license before
transferring hazardous waste for treatment as prescribed;
b) Transporting hazardous
waste generated at a business establishment without a vehicle under registered ownership or with a vehicle or
equipment that fails to satisfy technical requirements as prescribed;
c) Failure to transfer
hazardous waste to the unit having an appropriate environmental license for
collection and treatment as prescribed in case the storage thereof is no longer
permitted as prescribed or at the competent authority’s request;
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dd) Failure to package or
preserve hazardous waste in appropriate packaging and storage equipment
satisfying technical requirements as prescribed or using hazardous waste
packaging and storage equipment failing to satisfy technical requirements as
prescribed;
e) Failure to provide or
providing space for storage of hazardous waste in accordance with technical
requirements as prescribed.
4. Penalties for mixing
different types of hazardous waste with each other in case they differ in
nature and/or treatment method or mixing hazardous waste with other waste are
as follows:
a) Penalties for mixing
hazardous waste in the form of single discarded product or single equipment
with normal solid waste: A warning shall be issued if the offence is committed
for the first time and a fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed if the offence is re-committed or committed multiple times;
b) A fine ranging from
VND 10,000,000 to VND 40,000,000 shall be imposed for storing 02 to less than
05 types of hazardous waste in the form of single discarded product or single
equipment or less than 10% by weight of different types of hazardous waste in
packaging or equipment storing other types or groups of hazardous waste which
differ in nature and/or treatment method or mixing them with normal solid
waste;
c) A fine ranging from
VND 40,000,000 to VND 70,000,000 shall be imposed for storing 05 to less than 10
types of hazardous waste in the form of single discarded product or single
equipment or 10% to less than 50% by weight of different types of hazardous
waste in packaging or equipment storing other types or groups of hazardous
waste which differ in nature and/or treatment method or mixing them with normal
solid waste;
d) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for storing at least 10
types of hazardous waste in the form of single discarded product or single
equipment or at least 50% by weight of different types of hazardous waste in
packaging or equipment storing other types or groups of hazardous waste which
differ in nature and/or treatment method or mixing them with normal solid
waste.
5. Penalties for
transferring, giving, selling, purchasing or gifting hazardous waste to an
organization or individual that has no function of waste treatment, except for
special cases prescribed by regulations of law on management of hazardous waste
and environmental crimes are as follows:
a) A fine ranging from
VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting less than 100 kg of hazardous waste;
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c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting 600 kg to less than 1,000 kg of hazardous waste;
d) A fine ranging from
VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting 1,000 kg to less than 2,000 kg of hazardous
waste;
dd) A fine ranging from
VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting 2,000 kg to less than 3,000 kg of hazardous
waste;
e) A fine ranging from
VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting 3,000 kg to less than 4,000 kg of hazardous
waste;
g) A fine ranging from
VND 190,000,000 to VND 220,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting 4,000 kg to less than 5,000 kg of hazardous
waste;
h) A fine ranging from VND
220,000,000 to VND 250,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting at least 5,000 kg of hazardous waste;
i) A fine ranging from
VND 500,000,000 to VND 1,000,000,000 shall be imposed for transferring, giving,
selling, purchasing or gifting hazardous waste containing POPs in Annex A to
the Stockholm Convention on POPs.
6. A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following
offences, except for environmental crimes:
a) Spilling hazardous
waste or causing the spill of hazardous waste into the soil, groundwater or
surface water resulting in the environmental pollution;
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c) Exporting hazardous
waste without the written approval given or inconsistently with the written
approval given by a competent authority.
7. Penalties for burying,
dumping, discharging or burning hazardous waste in contravention of regulations
on environmental protection, except for environmental crimes are as follows:
a) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for burying, dumping,
discharging or burning less than 100 kg of hazardous waste;
b) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping,
discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine ranging from VND
200,000,000 to VND 250,000,000 shall be imposed for burying, dumping,
discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine ranging from
VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping,
discharging or burning 500 kg to less than 1,000 kg of hazardous waste;
dd) A fine ranging from
VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping,
discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
e) A fine ranging from
VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping,
discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
g) A fine ranging from
VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping,
discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
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i) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000
kg of hazardous waste.
8. Additional penalties:
a) Suspending the
operation of the business establishment for 06 - 12 months in case of
commission of the offences specified in clause 7 of this Article.
b) Confiscating
instruments of the administrative offences prescribed in case of commission of
the offences specified in clause 7 of this Article.
9. Remedial measures:
a) Mandatory restoration
to original state of environment in case of commission of the offence specified
in point a clause 6 and clause 7 of this Article;
b) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
c) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in this Article;
d) Mandatory transfer of
waste to the unit having treatment function in case of commission of the
offences specified in clause 5 of this Article.
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1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Failure to notify the
authority issuing environmental license in case of hiring public means of
transport for carriage of hazardous waste as prescribed;
b) Failure to prepare and
submit the application for cross-border transport of hazardous waste to the
hazardous waste generator and competent authority as prescribed;
c) Failure to retain and
send the Ministry of Natural Resources and Environment documents about
cross-border transport of hazardous waste certified by the foreign treatment
facility;
d) Failure to notify the
licensing authority before implementing the plan for collection, transport and
treatment of hazardous medical waste approved by the provincial People’s
Committee when the waste collection area is not prescribed in the environmental
license.
2. A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
a)
Failure to equip the Global Positioning System (GPS) for means of transport
used for carrying hazardous waste or having means of transport equipped with
GPS but failing to maintain it during the transport of hazardous waste;
b) Failure to provide
accounts for access to GPS on means of transport to the Ministry of Natural
Resources and Environment for supervision and management purposes as
prescribed;
c) Failure to enter into
a contract with the hazardous waste generator before collecting and
transporting hazardous waste as prescribed.
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a) Collecting or
transporting hazardous waste in areas which are not specified in the license
for hazardous waste treatment;
b) Establishing
cooperation in transport of hazardous waste for treatment purpose between two
individuals or two organizations having the environmental license without obtaining
written approval from the authority issuing environmental license as
prescribed;
c) Incorrectly
implementing one of the requirements relating to hazardous waste treatment
specified in the environmental license, except for the cases mentioned in point
a clause 4, clause 5 and clause 6 of this Article;
d) Using specialized
vehicles or equipment for collection, transport, packaging, preservation and
temporary storage of hazardous waste which fail to satisfy technical
requirements as prescribed;
dd) Providing space for
temporary storage of hazardous waste against regulations.
4. A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following
offences:
a) Collecting or
transporting hazardous waste other than that on the list of hazardous waste
prescribed in the environmental license;
b) Collecting and
transporting hazardous waste in excess of the weight of one of the hazardous
waste groups specified in the environmental license;
c) Using means of
transport used for carrying hazardous waste without obtaining registration in
the environmental license or without entering into a transport rental agreement
as prescribed.
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a) A
fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving less than 100 kg of
hazardous waste;
b) A fine ranging from
VND 40,000,000 to VND 70,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 100 kg to less than 600 kg of hazardous waste;
c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 600 kg to less than 1,000 kg of hazardous
waste;
d) A fine ranging from
VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 1,000 kg to less than 2,000 kg of hazardous
waste;
dd) A fine ranging from
VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 2,000 kg to less than 3,000 kg of hazardous
waste;
e) A fine ranging from
VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 3,000 kg to less than 4,000 kg of hazardous
waste;
g) A fine ranging from
VND 190,000,000 to VND 220,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 4,000 kg to less than 5,000 kg of hazardous
waste;
h) A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving at least 5,000 kg of hazardous waste.
6. A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for transporting hazardous
waste without the environmental license, except for: the transport of hazardous
waste which is generated from daily-life activities or activities of business
and service establishments (excluding production activities) of a household/
individual size and managed and treated in accordance with regulations on recall
and treatment of discarded products; the transport of hazardous waste under the
plan for collection, transport, storage and transfer of hazardous waste which
is given approval by the provincial People’s Committee; the transport of
hazardous waste from offshore oil and gas facilities into the land
and the cases specified in point c clause 2, point c clause 3, point c clause 4
Article 14 of this Decree.
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a) A
fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
burying, dumping, discharging or burning less than 100 kg of hazardous waste;
b) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping,
discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping,
discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine ranging from
VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping,
discharging or burning 500 kg to less than 1,000 kg of hazardous waste;
dd) A fine ranging from
VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping,
discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
e) A fine ranging from
VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping,
discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
g) A fine ranging from
VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping,
discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
h) A fine ranging from
VND 450,000,000 to VND 500,000,000 shall be imposed for burying, dumping,
discharging or burning 2,500 kg to less than 3,000 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
i) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000
kg of hazardous waste.
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a) Suspending the
transport of hazardous waste for 03 - 06 months in case of commission of the
offences specified in clauses 3, 4 and 5 of this Article;
b) Suspending the
transport of hazardous waste by the establishment for 06 - 12 months in case of
commission of the offences specified in clause 7 of this Article;
c)
Confiscating instruments of the administrative offences prescribed in case of
commission of the offences specified in clauses 6 and 7 of this Article.
9. Remedial measures:
a) Mandatory restoration
to original state of environment in case of commission of the offence specified
in clause 7 of this Article;
b) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
c) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in this Article;
d) Mandatory transfer of
waste to the unit having treatment function in case of commission of the
offences specified in clause 5 of this Article.
Article 31. Offences
against regulations on environmental protection relating to hazardous waste
treatment and implementation of environmental licenses including hazardous
waste treatment
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a) Failure to develop the
process for safe operation of specialized technology, vehicles and equipment;
failure to make an environmental management plan as prescribed; failure to
assign personnel in charge of environmental protection as prescribed;
b) Failure to execute the
program for treatment and operation supervision and evaluation of hazardous
waste treatment efficiency in the issued environmental license including
hazardous waste treatment;
c) Failure to provide
annual environmental training as prescribed;
d) Failure to retain used
hazardous waste manifests, reports on hazardous waste management and other
files and documents relating to the hazardous waste management that are
required to be retained as prescribed;
dd) Failure to declare
and use hazardous waste manifests as prescribed; failure to make online
declaration of hazardous waste manifests the competent authorities’ information
systems or via email as requested in writing by the competent authorities;
e)
Failure to transfer hazardous waste manifests to the competent authorities as
prescribed;
g) Failure to retain used
hazardous waste manifests, reports on hazardous waste management and other
files and documents relating to the hazardous waste management that are
required to be retained as prescribed;
h) Failure to publicize
or provide information on the type and quantity of collected and treated
hazardous waste and treatment methods; information on the name and address of
the collected and treated hazardous waste generator and other environmental
information that needs to be publicized and provided as prescribed.
2. A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
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b) Failure to make a
hazardous waste delivery book, a log book of operation of hazardous waste
treatment systems, vehicles, and equipment; failure to make a logbook to
monitor the quantity, quality and outlets of products recycled or recovered
from hazardous wastes as prescribed;
c) Implementing the plan
for collection, transport and treatment of hazardous medical waste (cluster
model) in contravention of regulations of the provincial People's Committee;
d) Using a hazardous
waste warehouse that is not specified in the environmental license, except for
the case specified in point c clause 3 of this Article;
dd) Failure to send a
written notification to the hazardous waste generator if such hazardous waste
has to be temporarily stored instead of being treated after 06 months from the
date of transfer written on the hazardous waste manifest;
e) Failure
to strictly implement the plan for pollution remediation and environmental
protection upon the termination of operation;
g) Failure to sign a
tripartite contract on cooperation in collection, transport and treatment of
hazardous waste or failure to obtain written consent from the hazardous waste
generator in cases of receiving hazardous waste for treatment under the
cooperation contract.
3. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following
offences:
a)
Failure to correctly implement the regulations under the contract for hazardous
waste treatment;
b) Failure to install
instruction chart of procedures for safe operation of systems, vehicles and
equipment for treatment of hazardous waste in accordance with regulations;
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d) Failure
to apply the environmental management system according to TCVN ISO 14001 or ISO
14001 certified in accordance with regulations.
4. A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following
offences:
a) Receiving and treating
hazardous wastes transported by an individual or organization that does not
have the environmental license without the competent authority’s
approval, except for the hazardous waste which is generated from
daily-life activities or activities of business and service establishments
(excluding production activities) of a household/ individual size and managed
and treated in accordance with regulations on recall and treatment of expired
or discarded products;
b) Failure to obtain a
written approval from the competent authority before receiving hazardous waste
from other hazardous waste treaters;
c) Failure to correctly
implement the regulations laid down in the environmental license, except for
the regulations mentioned in points b, c, d and dd clause 5 of this Article.
5. A fine ranging from
VND 150,000,000 to VND 250,000,000 shall be imposed for any of the following
offences:
a) Using specialized
vehicles and equipment for treatment of hazardous waste that are not prescribed
in the environmental license;
b) Receiving and treating
hazardous waste that is not specified in the list of hazardous waste in the
environmental license;
c) Treating hazardous
waste collected in areas which are not specified in the environmental license;
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dd) Treating hazardous
waste without an environmental license as prescribed, except for the cases
specified at point c clause 2, point c clause 3, point c clause 4 Article 14 of
this Decree;
e)
Failure to remediate pollution or improve the environment after the termination
of operation as prescribed.
6. Penalties for
transferring, giving or selling hazardous waste to an organization or
individual having no appropriate environmental license or purchasing or
receiving hazardous waste from an organization or individual in case of having
no hazardous waste treatment function as prescribed or transferring hazardous
waste to a third party in case of having a contract for cooperation in
hazardous waste collection, transport and treatment, except for environmental
crimes are as follows:
a) A fine ranging from
VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving less than 100 kg of hazardous waste;
b) A fine ranging from
VND 40,000,000 to VND 70,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 100 kg to less than 600 kg of hazardous waste;
c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 600 kg to less than 1,000 kg of hazardous
waste;
d) A fine ranging from
VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 1,000 kg to less than 2,000 kg of hazardous
waste;
dd) A fine ranging from
VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 2,000 kg to less than 3,000 kg of hazardous
waste;
e) A fine ranging from
VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving 3,000 kg to less than 4,000 kg of hazardous
waste;
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h) A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving,
selling, purchasing or receiving at least 5,000 kg of hazardous waste.
7. Penalties for burying,
dumping, discharging or burning hazardous waste in contravention of regulations
on environmental protection, except for environmental crimes are as follows:
a) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for burying, dumping,
discharging or burning less than 100 kg of hazardous waste;
b) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping,
discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping,
discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine ranging from
VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping, discharging
or burning 500 kg to less than 1,000 kg of hazardous waste;
dd) A fine ranging from
VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping,
discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
e) A fine ranging from
VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping,
discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
g) A fine ranging from
VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping,
discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste,
except for burying, dumping or discharging into the environment hazardous waste
that contains extremely hazardous constituents beyond the limits prescribed by
law or contains POPs in Annex A to the Stockholm Convention on POPs as
prescribed;
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i) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000
kg of hazardous waste.
8. Additional penalties:
a) Suspending the
treatment of hazardous waste by the establishment for 01 - 03 months in case of
commission of the offences specified in clauses 3 and 4 of this Article;
b) Suspending the
environmental license of the hazardous waste treatment facility holder for 03 -
06 months in case of commission of the offences specified in points a, b, c and
d clause 5 and clause 6 of this Article;
c) Suspending the
operation of the establishment for 06 - 12 months in case of commission of the
offences specified in point dd clause 5 of this Article;
b) Suspending the
environmental license of the hazardous waste treatment facility for 06 - 12
months in case of commission of the offences specified in clause 7 of this
Article;
dd) Confiscating
instruments of the administrative offences prescribed in case of commission of
the offences specified in clause 7 of this Article.
9. Remedial measures:
a) Mandatory restoration
to original state of environment in case of commission of the offence specified
in clause 7 of this Article;
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c) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
d) Mandatory transfer of
hazardous waste to the unit having treatment function in case of commission of
the offences specified in point dd clause 5 and clause 6 of this Article.
Article 32. Offences
against regulations on fulfillment of responsibility for products and packaging recycling by manufacturers and importers
1. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for failure to disclose
information or disclosing insufficient information about products or packaging
which they manufacture or import in accordance with regulations.
2. Penalties for offences
against regulations on registration of recycling plans, declaration of
contributions for recycling support, and reports on recycling results are as
follows:
a) A fine ranging from
VND 150,000,000 to less than VND 250,000,000 shall be imposed for declaring
insufficient or inaccurate contents, targets or data in the registration of the
recycling plan, declaration of contributions for recycling support or report on
recycling result as prescribed if the declaration does not cause the reduction
in the responsibility for recycling or causes an increase in the recycling
volume result;
b) A fine ranging from
VND 250,000,000 to VND 350,000,000,000 shall be imposed for registering the
recycling plan, sending the declaration of contributions for recycling support
or reporting the recycling result less than 31 days behind schedule;
c) A fine ranging from
VND 350,000,000 to VND 450,000,000 shall be imposed for registering the
recycling plan, sending the declaration of contributions for recycling support
or reporting the recycling result 31 to less than 91 days behind schedule;
d) A fine ranging from
VND 450,000,000 to less than VND 550,000,000 shall be imposed for incorrectly
registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result, reducing the recycling
responsibility by less than 30% or increasing the recycling volume result by
less than 30%;
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e) A fine ranging from
VND 650,000,000 to less than VND 750,000,000 shall be imposed for incorrectly
registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result, reducing the recycling
responsibility by 30% to less than 70% or increasing the recycling volume result
by 50% to less than 70%;
g) A fine ranging from
VND 750,000,000 to less than VND 1,000,000,000 shall be imposed for incorrectly
registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result, reducing the recycling
responsibility by at least 70% or increasing the recycling volume result by at
least 70%;
h) A fine ranging from
VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure to register
the recycling plan or failure to send the declaration of contributions for
recycling support or failure to report the recycling result or registering the
recycling plan, sending the declaration of contributions for recycling support
or reporting the recycling result at least 91 days behind schedule.
3. Penalties for offences against regulations on mandatory
recycling rates, mandatory recycling specifications and payment of
contributions for recycling support are as follows:
a) A fine ranging from
VND 450,000,000 to VND 550,000,000 shall be imposed if the recycling volume
result is 70% to less than 100% of the recycling responsibility or 70% to less
than 100% of the recycling volume result meeting the mandatory recycling
specifications;
b) A fine ranging from
VND 550,000,000 to VND 650,000,000 shall be imposed if the recycling volume
result is 50% to less than 70% of the recycling responsibility or 50% to less
than 70% of the recycling volume result meeting the mandatory recycling
specifications;
c) A fine ranging from
VND 650,000,000 to VND 750,000,000 shall be imposed if the recycling volume
result is 30% to less than 50% of the recycling responsibility or 30% to less
than 50% of the recycling volume result meeting the mandatory recycling
specifications;
d) A
fine ranging from VND 750,000,000 to VND 1,000,000,000 shall be imposed if the
recycling volume result is less than 30% of the recycling responsibility or
less than 30% of the recycling volume result meeting the mandatory recycling
specifications;
4. Penalties for paying
contributions for recycling support behind the prescribed schedule are as
follows:
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b) A fine ranging from
VND 700,000,000 to VND 900,000,000 shall be imposed for paying contributions
for recycling support less than 31 days behind schedule or failing to pay
contributions for recycling support in full 31 days to less than 91 days behind
schedule.
5. A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed for failure to fulfill
the recycling responsibility or failure to pay contributions for recycling
support or payment of contributions for recycling support at least 91 days
behind schedule or failure to pay contributions for recycling support in full
at least 91 days behind schedule.
6. Penalties for offences
against regulations on self-recycling and signature of recycling contracts or
recycling authorization contracts are as follows:
a) A fine ranging from
VND 850,000,000 to VND 1,000,000,000 shall be imposed for carrying out
self-recycling or signing a recycling contract with a recycling unit that fails
to satisfy requirements as prescribed or signing a recycling contract with a
manufacturer or an importer that fails to satisfy requirements as prescribed;
b) A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed for signing a recycling
authorization contract with an intermediary organization that fails to satisfy
requirements as prescribed or signing a recycling authorization contract with a
manufacturer or an importer that fails to satisfy requirements as prescribed.
7. A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed for any of the following
offences:
a) Recycling imported
scrap to determine the recycling volume result for the manufacturer or importer
or to apply for recycling support;
b) Using a recycling
volume result to determine the recycling rate for multiple manufacturers or
importers;
c) Using the recycling
volume result that has been used to determine the recycling rate for the
manufacturer or importer to apply for recycling support or the recycling volume
result that has received recycling support to determine the recycling rate for
the manufacturer or importer;
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8. Remedial measures:
a) Mandatory disclosure
of information about products or packaging which they manufacture or import in
case of commission of the offence specified in clause 1 of this Article;
b) Mandatory registration
of the recycling plan, sending of the declaration of contributions for
recycling support and reporting of recycling result in case of commission of
the offences specified in points a, d, dd, e, g and h clause 2 of this Article;
c) Mandatory payment of
contributions for recycling support in proportion to the unfinished mandatory
recycling rate or the contributions for recycling support in proportion to the
recycling rate that does not meet the mandatory recycling specifications to the
Vietnam Environmental Protection Fund (according to the norm of recycling cost)
in case of commission of the offences specified in clause 3 of this Article;
mandatory contribution of the late or underpaid contributions for recycling
support to the Vietnam Environmental Protection Fund in case of commission of
the offences specified in clause 4 of this Article; mandatory contribution
of the contributions for recycling support in proportion to the mandatory
recycling rate and specifications to the Vietnam Environment Protection Fund (according
to the norm of recycling cost) or the late or underpaid contributions for
recycling support to the Vietnam Environmental Protection Fund in case of
commission of the offences specified in clause 5 of this Article;
d) Mandatory termination
of the recycling contract or recycling authorization contract and payment of
contributions for recycling support in proportion to the mandatory recycling
rate and specifications to the Vietnam Environment Protection Fund (according
to the norm of recycling cost) in case of commission of the offences specified
in clause 6 of this Article.
Article 33. Offences
against regulations on fulfillment of responsibility
for waste treatment by manufacturers and importers
1. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for failure to disclose
information or disclosing insufficient information about products or packaging
which they manufacture or import in accordance with regulations.
2. Penalties for offences
against regulations on declaration of contributions for waste treatment support
are as follows:
a) A fine ranging from
VND 150,000,000 to less than VND 250,000,000 shall be imposed for declaring
insufficient or inaccurate contents, targets or data in the declaration of
contributions for waste treatment support if the declaration does not cause the
reduction in the amount payable;
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c) A fine ranging from
VND 350,000,000 to VND 450,000,000 shall be imposed for sending the declaration
of contributions for waste treatment support 31 days to less than 91 days
behind schedule;
d) A fine ranging from
VND 450,000,000 to less than VND 550,000,000 shall be imposed for declaring
inaccurate information, reducing the amount payable by less than 30%;
dd) A fine ranging from
VND 550,000,000 to less than VND 650,000,000 shall be imposed for declaring
inaccurate information, reducing the amount payable by 30% to less than 50%;
e) A fine ranging from
VND 650,000,000 to less than VND 750,000,000 shall be imposed for declaring
inaccurate information, reducing the amount payable by 50% to less than 70%;
g) A fine ranging from
VND 750,000,000 to less than VND 1,000,000,000 shall be imposed for declaring
inaccurate information, reducing the amount payable by at least 70%;
h) A fine ranging from
VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure to send the
declaration of contributions for waste treatment support or sending the
declaration of contributions for waste treatment support at least 91 days
behind schedule.
3. Penalties for paying
contributions for waste treatment support behind prescribed schedule are as
follows:
a) A fine ranging from
VND 500,000,000 to VND 700,000,000 shall be imposed for paying contributions
for waste treatment support less than 31 days behind schedule or failing to pay
contributions for waste treatment support in full less than 31 days behind schedule;
b) A fine ranging from
VND 700,000,000 to VND 900,000,000 shall be imposed for paying contributions
for waste treatment support 31 days to less than 91 days behind schedule or
failing to pay contributions for waste treatment support in full 31 days to
less than 91 days behind schedule.
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5. Remedial measures:
a) Mandatory disclosure
of information about products or packaging which they manufacture or import in
case of commission of the offence specified in clause 1 of this Article;
b) Mandatory sending of
the declaration of contributions for waste treatment support in accordance with
regulations in case of commission of the offence specified in clause 2 of this
Article;
c) Mandatory payment of
the contributions for waste treatment support in arrears to the Vietnam
Environment Protection Fund in case of commission of the offences specified in
clauses 3 and 4 of this Article.
Article 34. Offences
against regulations on environmental protection during import and breaking of
used ships; import of machinery, equipment, vehicles, raw materials, fuels and
materials
1. A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for importing machinery,
equipment, vehicles (except for used ships for breaking), raw materials, fuels
or materials that fail to satisfy the environmental technical regulation or in
contravention of regulations of law on environmental protection.
2. A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for transporting or transiting
goods, equipment or vehicles (except for used ships for breaking) which may
cause environmental pollution, degradation or emergencies through the territory
of the Socialist Republic of Vietnam without the permission from the
environment authority.
3. Penalties for
importing used ships for breaking or breaking used ships in contravention of
regulations on environmental protection, except for environmental crimes are as
follows:
a) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for submit periodic reports
to the competent environmental protection authority in breaking of used ships
in accordance with regulations;
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c) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for failure to collect
fuels, oil, bilge water, ballast water, other liquids and flammable or
materials; failure to take measures to provide air
ventilation and enough oxygen to enclosed spaces on the ship to ensure safe
working conditions as prescribed;
d) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for failure to abate and
collect asbestos and PCBs in accordance with regulations; failure to provide
adequate personnel or adequate personal protective equipment to abate asbestos
in accordance with regulations; failure to ensure the safety of asbestos
abatement areas in accordance with regulations;
dd) A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for breaking used ships
without meeting the conditions regarding facilities and technical
infrastructure serving environmental protection;
e) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for importing used ships
for breaking without meeting the conditions as prescribed;
g) A fine ranging from
VND 800,000,000 to VND 900,000,000 shall be imposed for importing incorrect
type of used ships for breaking;
h) A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed for importing used ships
contaminated with radioactive substances, disease-causing germs or other toxins
that have not been cleaned or are incapable of being cleaned for breaking;
ballast water containing invasive alien species or potentially invasive species
as prescribed; failing to recover all C.F.C gas in equipment before importing
them into Vietnam;
i) Penalties for offences
against normal solid waste and hazardous waste generated from the breaking of
used ships shall be imposed in accordance with Articles 26 and 29 of this
Decree.
4. Additional penalties:
a) Suspending the import
and dismantlement of used ships by the facility for 06 - 09 months in case of
commission of the offences specified at points dd, e, g and h clause 3 of this
Article;
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5. Remedial measures:
a) Mandatory re-export or
mandatory destruction of the used machinery, equipment, vehicles, ships, raw
materials, fuels and materials required if the re-export thereof is impossible
in case of commission of the offences specified in clause 1, clause 2, points
b, dd, e, g and h clause 3 of this Article;
b) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
c) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in clause 3 of this Article.
Article 35. Offences
against regulations on environmental protection during import of scrap from
abroad
1. Penalties for offences committed in case of importing
scrap from abroad as raw materials for production are as follows:
a) A
fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for
having an imported scrap warehouse or storage yard that fails to meet the
requirements for environmental protection during import of scrap as raw
materials for production in accordance with regulations; storing imported scrap
in an area other than a warehouse or storage yard that has been granted an
environmental license;
b) A fine ranging from
VND 130,000,000 to VND 150,000,000 shall be imposed for failure to have any
imported scrap warehouse or storage yard that meets the requirements for
environmental protection during import of scrap as raw materials for production
in accordance with regulations; failure to directly sign a contract with the
foreign supplier of scrap imported as raw materials for production;
c) A fine ranging from
VND 150,000,000 to VND 170,000,000 shall be imposed for failure to have any
technology or equipment for recycling and reuse of scrap as prescribed; failure
to treat impurities from scrap or failure to transfer impurities to the unit
having the treatment function as prescribed; failure to identify or classify
waste generated from the use of imported scrap in order to have an appropriate
waste treatment plan in accordance with regulations;
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dd) A fine ranging from
VND 200,000,000 to VND 230,000,000 shall be imposed for using imported
scrap in contravention of regulations;
e) A fine ranging from
VND 230,000,000 to VND 250,000,000 shall be imposed for importing a type of
scrap other than that specified in the environmental license as prescribed,
except for the cases specified in clause 4 of this Article.
2. Penalties for transferring scrap imported from abroad as
raw materials for production to other organizations or individuals in
contravention of the environmental license are as follows:
a) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for transferring less than
500 tonnes of iron or steel scrap imported as raw materials for production to
other organizations or individuals; transferring less than 100 tonnes of paper
scrap imported as raw materials for production to other organizations or
individuals; transferring less than 50 tonnes of plastic scrap imported as raw
materials for production to other organizations or individuals;
b) A fine ranging from
VND 230,000,000 to VND 250,000,000 shall be imposed for transferring 500 tonnes
less than 1,000 tonnes of iron or steel scrap imported as raw materials for
production to other organizations or individuals; transferring 100 tonnes to 500
tonnes of paper scrap imported as raw materials for production to other
organizations or individuals; transferring more than 50 tonnes to 100 tonnes of
plastic scrap imported as raw materials for production to other organizations
or individuals;
c) A fine ranging from
VND 270,000,000 to VND 300,000,000 shall be imposed for transferring more than
1,000 tonnes of iron or steel scrap imported as raw materials for production to
other organizations or individuals; transferring more than 500 tonnes of paper
scrap imported as raw materials for production to other organizations or
individuals; transferring more than 100 tonnes of plastic scrap imported as raw
materials for production to other organizations or individuals.
3. A fine ranging from
VND 230,000,000 to VND 250,000,000 shall be imposed for failure to pay costs of
handling imported scrap in cases where the deposit is not enough to handle
imported scrap in violation of the regulations on environmental protection;
failure to make an environmental protection deposit during import of scrap in
accordance with regulations; import of scrap without an environmental license
as prescribed, except for the cases specified in point c clause 2, point c
clause 3, and point c clause 4 Article 14 of this Decree.
4. Penalties for
importing scrap containing a certain amount of impurities in excess of the
permissible limit as specified in the national technical regulation on
environment applicable to imported scrap are as follows:
a) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is less than 200 kg or total amount of impurities which are
other types of waste is less than 1,000 kg;
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c) A fine ranging from
VND 250,000,000 to VND 300,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 300 kg to less than 400 kg or total amount of impurities
which are other types of waste is 5,000 kg less than 10,000 kg;
d) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 400 kg to less than 500 kg or total amount of impurities
which are other types of waste is 10,000 kg less than 20,000 kg;
dd) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed if total amount of impurities
which are hazardous waste or POPs in Annex A to the Stockholm Convention on
POPs is 500 kg to less than 600 kg or total amount of impurities which are
other types of waste is 20,000 kg less than 30,000 kg;
e) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 600 kg to less than 700 kg or total amount of impurities
which are other types of waste is 30,000 kg less than 40,000 kg;
g) A fine ranging from
VND 600,000,000 to VND 700,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 700 kg to less than 800 kg or total amount of impurities
which are other types of waste is 40,000 kg less than 50,000 kg;
h) A fine ranging from
VND 700,000,000 to VND 800,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 800 kg to less than 900 kg or total amount of impurities
which are other types of waste is 50,000 kg less than 60,000 kg;
i) A fine ranging from
VND 800,000,000 to VND 900,000,000 shall be imposed if total amount of
impurities which are hazardous waste or POPs in Annex A to the Stockholm
Convention on POPs is 900 kg to less than 1,000 kg or total amount of
impurities which are other types of waste is 60,000 kg less than 70,000 kg;
5. A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed for importing scrap
containing radioactive substances; importing scrap which is not included in the
list of scrap permitted to be imported, except for environmental crimes.
6. Any imported scrap
quality assessment organization committing offences against regulations on
results of quality assessment and analysis of imported scrap shipments shall
incur penalties according to regulations of law on penalties for administrative
offences against regulations on standards, measurement and quality of products
and goods.
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a) Suspending the import
of scrap as raw materials for production for 03 - 06 months in case of
commission of the offences specified in points a, b, c and dd clause 1 of this
Article;
b) Suspending the import
of scrap as raw materials for production for 06 - 09 months in case of
commission of the offences specified in clause 2 of this Article;
c) Suspending the import
of scrap as raw materials for production for 09 - 12 months in case of
commission of the offences specified in clauses 4 and 5 of this Article;
d) Confiscating valuable
products after destruction in case of commission of the offences specified in
points d, dd and e clause 1, clause 2, clause 3, clause 4 and clause 5 of this
Article when applying remedial measures in the form of mandatory destruction of
imported scrap.
8. Remedial measures:
a)
Mandatory re-export or mandatory destruction required if the re-export is
impossible in case of commission of the offences specified in points d, dd and
e clause 1, clause 2, clause 3, clause 4 and clause 5 of this Article;
b) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for import of scrap against the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
c) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in clause 1 of this Article.
Article 36. Offences
against regulations on marine environmental protection and environmental
protection in offshore petroleum activities
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2. A fine ranging from
VND 80,000,000 to VND 150,000,000 shall be imposed for any of the following
offences:
a) Exploiting marine
resources and perform other activities related to the exploitation and use of
marine resources in contravention of the approved planning;
b) Failing
to treat waste and other polluting elements generated from production,
business, service, construction, traffic, transportation and exploitation
activities at sea in accordance with environmental technical regulations;
c) Keeping means of
transport, warehouses or offshore oil and gas facilities after the handling
deadline;
d) Failing to collect,
store and treat hazardous waste generated from the exploration and exploitation
of marine resources or the dismantlement of means of transport at sea as
regulated.
3. A fine ranging from
VND 150,000,000 to VND 250,000,000 shall be imposed for any of the following
offences, except for environmental crimes:
a) Dumping at sea normal
waste which is generated from means of transport or offshore drilling platforms
without treating it as regulated or waste which is not treated in conformity
with the technical regulation on waste;
b) Dumping normal solid
waste from the mainland into the sea, except for environmental crimes;
c) Discharging
water-based drilling cuttings or water-based drilling fluids or
discharging non-aqueous drilling cuttings or non-aqueous drilling fluids
generated from offshore petroleum exploration and exploitation activities into
territorial waters in contravention of regulations;
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dd) Discharging to the
territorial waters floor cleaners, technological equipment and oil tanks that
are contaminated with oil and domestic wastewater generated during offshore
petroleum exploration and exploitation in contravention of regulations.
4. A fine ranging from
VND 250,000,000 to VND 500,000,000 shall be imposed for dumping toxic chemicals
and solid waste; wastewater that is not treated in accordance with the
technical regulation into the territorial waters of the wildlife sanctuary,
natural heritage sites, areas with new ecosystems, regular or seasonal spawning
areas of aquatic species, except for environmental crimes.
5. A fine ranging from
VND 500,000,000 to VND 1,000,000,000 shall be imposed for dumping
hazardous waste or waste containing radioactive substances into the territorial
waters of the Socialist Republic of Vietnam, except for environmental crimes.
6. Additional penalties:
Confiscating exhibits or
instrumentalities for committing administrative offences in case of commission
of the offences specified in clauses 3, 4 and 5 of this Article.
7. Remedial measures:
a) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
b) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in clause 4 and clause 5 of this Article.
Article 37. Offences
against regulations on soil environment protection
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2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for failure to make a plan
for remediation and improvement of the soil pollution area as prescribed in
case of causing environmental pollution; failure to send the plan for
environmental remediation and improvement to the provincial specialized
environmental protection authority for inspection and supervision as
prescribed.
3. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for failure to remediate and
improve environment of the soil pollution area as prescribed in case of causing
environmental pollution.
4. Remedial measures:
Mandatory application of
remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in this Article.
Article 38. Offences
against regulations on environmental remediation and improvement during mineral
mining
1. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for failure to follow
the schedule or improperly or incompletely performing one of the work items in
the environmental improvement and restoration plan as prescribed.
2. A fine ranging from VND
150,000,000 to VND 200,000,000 shall be imposed for failure to make an
environmental remediation and improvement plan as prescribed.
3. A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for failure to carry out
environmental remediation and improvement upon the completion of each mining
phase according to the approved environmental remediation and improvement plan.
4. Additional penalties:
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Article 39. Offences
against regulations on oil spill response
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for any of the following offences:
a) Causing an oil spill
or failing to promptly report to the competent authority in charge of receiving
oil spill-related information upon the detection of an oil spill as prescribed;
b) Failing to update or
supplement the oil spill response plan as prescribed;
c) Failing to notify the
oil spill response plan approved by the competent authority to relevant
authorities, units and localities for cooperation in implementation.
2. A fine ranging
from VND 10,000,000 to VND 30,000,000 shall be imposed for any of the following
offences:
a) Failure to organize
training courses or assign officials or employees in charge of responding to
oil spills to attend training courses to improve their skills in oil spill
response;
b) Failing to organize
training practice in oil spill response as prescribed.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to promptly
report to the competent authority for assistance in cases where the oil spill
is beyond its capacity or local resources as prescribed.
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a) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to make
investment or failure to enter into a contract to get prepared for response to
oil spills with an establishment that has means and equipment used for response
activities or with a Regional Oil Spill Response Center at the level
commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to get ready to
mobilize means, equipment and supplies to participate in cooperation in
response to and remediation of consequences of the oil spill at the request of
competent authorities;
c) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to have the oil
spill response plan approved by the district-level People’s Committee or the
supervisory authority as prescribed;
d) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to develop an emergency
plan to respond to oil spills and organize forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding
to the possibility of oil spills caused by the establishment as prescribed.
5. Penalties for offences
related to the operation of general petroleum depots and petroleum depots with
a total reserve of 50,000 m3 or more and petroleum ports
capable of receiving ships with a tonnage greater than or equal to 50,000 DWT
are as follows:
a) A
fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to make investment or failure to enter into a contract to get prepared for
response to oil spills with an establishment that has means and equipment used
for response activities or with a Regional Oil Spill Response Center at the
level commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to lead and
command its own forces, means and equipment or those stated in the oil spill
response contract to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of the oil spill at
the request of competent authorities;
c) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil
spill response plan approved by the National Committee for Search and Rescue as
prescribed;
d) A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an
emergency plan to respond to oil spills and organize forces to ensure timely
and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills caused by the establishment as
prescribed.
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a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make
investment or failure to enter into a contract to get prepared for response to
oil spills with an establishment that has means and equipment used for response
activities or with a Regional Oil Spill Response Center at the level
commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and
command its own forces, means and equipment or those stated in the oil spill
response contract to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of the oil spill at
the request of competent authorities;
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil
spill response plan approved by the provincial People’s Committee as
prescribed;
d) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an
emergency plan to respond to oil spills and organize forces to ensure timely
and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills caused by the establishment as
prescribed.
7. Penalties for
offences involving activities of investors in ports, owners of establishments
and owners of projects posing the risk of causing oil spills are as follows:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make
investment or failure to enter into a contract to get prepared for response to
oil spills with an establishment that has means and equipment used for response
activities or with a Regional Oil Spill Response Center at the level
commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and
command its own forces, means and equipment or those stated in the oil spill
response contract to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of the oil spill at
the request of competent authorities; failure to closely
monitor activities with high risk of oil spills occurring within their remit in
order to promptly implement appropriate response measures; failure to fully conform to the requirements and instructions of competent authorities
for prevention or minimization of damage caused by oil pollution as quickly as
possible;
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil
spill response plan approved by the provincial People’s Committee as
prescribed; failure to again formulate the oil spill response plan for
submission to the competent authority for approval as prescribed;
d) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an
emergency plan to respond to oil spills and organize forces to ensure timely
and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills caused by the establishment as
prescribed.
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a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to notify the oil
spill response plan approved by the provincial People’s Committee to the
provinces at risk of being affected by the oil spill that may occur at
facilities or projects;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make
investment or failure to enter into a contract to get prepared for response to
oil spills with an establishment that has means and equipment used for response
activities or with a Regional Oil Spill Response Center at the level
commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for get ready to mobilize
means, equipment and supplies to participate in cooperation in response to and
remediation of consequences of the oil spill at the request of competent
authorities;
d) A
fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure
to have the oil spill response plan approved by the National Committee for
Search and Rescue as prescribed;
dd) A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an
emergency plan to respond to oil spills and organize forces to ensure timely
and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills caused by the establishment as
prescribed.
9. Penalties for
offences involving oil tanker operations posing the risk of causing oil
spills are as follows:
a) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for failure to notify the
plan for oil transshipment between ships at sea so as for the competent
authority to carry out supervision and take appropriate response measures in
the event of an oil spill as prescribed;
b) A fine ranging from
VND 25,000,000 to VND 35,000,000 shall be imposed for failure to have the oil
pollution response plan approved by a competent authority of the Ministry of
Transport, applicable to oil tankers flying the flag of Vietnam, each of which
has total tonnage of 150 GT or more and other ships other than oil tankers,
each of which has total tonnage of 400 GT or more;
c) A fine ranging from
VND 35,000,000 to VND 45,000,000 shall be imposed for failure to have the oil
pollution response plan approved by a competent authority of the Ministry of
Transport, applicable to oil tankers flying the flag of Vietnam, each of which
has total tonnage of 150 GT or more, engaged in the transshipment of oil
between ships at sea;
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dd) A fine ranging from
VND 55,000,000 to VND 65,000,000 shall be imposed for failure to
purchase insurance or financial security for civil liability prescribed by
law to compensate for damage caused by fuel oil pollution as prescribed.
10. A fine ranging from
VND 70,000,000 to VND 80,000,000 shall be imposed for using oil spill
dispersants and biological preparations for oil spill response in contravention
of regulations.
11. Penalties for causing
oil conflagration or oil spills, except for environmental crimes are as
follows:
a) A
fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the
weight of oil is less than 2,000 kg;
b) A fine ranging from
VND 80,000,000 to VND 150,000,000 shall be imposed if the weight of oil is
2,000 kg to less than 10,000 kg;
c) A fine ranging from
VND 150,000,000 to VND 250,000,000 shall be imposed if the weight of oil is
10,000 kg to less than 20,000 kg;
d) A fine ranging from
VND 250,000,000 to VND 350,000,000 shall be imposed if the weight of oil is
20,000 kg to less than 50,000 kg;
dd) A fine ranging from
VND 350,000,000 to VND 450,000,000 shall be imposed if the weight of oil is
50,000 kg to less than 100,000 kg;
e) A fine ranging from
VND 450,000,000 to VND 550,000,000 shall be imposed if the weight of oil is 100,000
kg to less than 200,000 kg;
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h) A fine ranging from
VND 650,000,000 to VND 750,000,000 shall be imposed if the weight of oil is
300,000 kg to less than 400,000 kg;
i) A fine ranging from
VND 750,000,000 to VND 850,000,000 shall be imposed if the weight of oil is
400,000 kg to less than 500,000 kg;
k) A fine ranging from
VND 850,000,000 to VND 950,000,000 shall be imposed if the weight of oil is at
least 500,000 kg.
12. Penalties for failure to implement measures for remedying
oil conflagration or oil spill; failure to compensate for damage caused by the
oil pollution are as follows:
a) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed if the weight of oil is less
than 2,000 kg;
b) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed if the weight of oil is
2,000 kg to less than 10,000 kg;
c) A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed if the weight of oil is
10,000 kg to less than 20,000 kg;
d) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed if the weight of oil is
20,000 kg to less than 50,000 kg;
dd) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed if the weight of oil is
50,000 kg to less than 100,000 kg;
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g) A fine ranging from
VND 600,000,000 to VND 700,000,000 shall be imposed if the weight of oil is
200,000 kg to less than 300,000 kg;
h) A fine ranging from
VND 700,000,000 to VND 800,000,000 shall be imposed if the weight of oil is
300,000 kg to less than 400,000 kg;
i) A fine ranging from
VND 800,000,000 to VND 900,000,000 shall be imposed if the weight of oil is
400,000 kg to less than 500,000 kg;
k) A fine ranging from
VND 900,000,000 to VND 1,000,000,000 shall be imposed if the weight of oil is
at least 500,000 kg.
13. Remedial measures:
a) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for causing oil spills or environmental pollution
according to current norms and prices in case of commission of the offences
prescribed in this Article;
b) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences of offences and mandatory provision of compensation
for damage caused by the oil pollution within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in clauses 8, 9 and 11 of this Article.
Article 40. Offences
against regulations on waste-related emergency prevention and response and
environmental remediation after waste-related emergencies
1. Offences against regulations on waste-related emergency
prevention and response and environmental remediation after waste-related
emergencies are as follows:
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b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to publicize the
waste-related emergency prevention and response plan; failure to notify the
communal People’s Committee and district-level Steering Committee for Natural
Disaster Management and Search and Rescue in the event of a waste-related
emergency;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to deploy
on-the-spot forces; failure to develop a plan to provide training in
waste-related emergencies for on-site forces; failure to organize waste-related
emergency response drills;
d) A fine ranging from VND
80,000,000 to VND 100,000,000 shall be imposed for failure to build or install
works or equipment for waste-related emergency response; failure to on-the-spot
forces; failure to provide supplies or equipment for response to waste-related
emergencies according to the waste-related emergency response plan;
dd) A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for failure to comply with
or improperly complying with the orders to mobilize forces, equipment and
vehicles for response to waste-related emergencies issued by the competent
authority or competent person;
e) A
fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for
failure to correctly comply or install works or equipment for waste-related
emergency response; failure to suspend production activities upon occurrence of
a waste-related emergency, failure to take measures within their jurisdiction
to promptly respond to waste-related emergencies;
g) A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for committing the offences
specified in clause 2 of this Article without carrying out environmental
remediation or carrying out environmental remediation without satisfying the
environmental technical regulation on quality of surrounding environment or
satisfying regulations of law on biodiversity, forestry and fisheries;
h) A fine ranging from
VND 250,000,000 to VND 350,000,000 shall be imposed for failure to pay
costs of organizing waste-related emergency response or costs of environmental
remediation to the State if the State assumes responsibility for responding to
the waste-related emergency and remediating the environment after the emergency
or failure to compensate for damage caused by the waste-related emergency in
accordance with regulations, except for environmental crimes.
2. Penalties for causing
waste-related emergencies are as follows:
a) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for causing a waste-related
emergency at grassroots level, except for environmental crimes;
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c) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed for causing a provincial
waste-related emergency, except for environmental crimes;
d) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed for causing a national
waste-related emergency, except for environmental crimes.
3. Additional penalties:
a) Suspending the
operation of the business establishment's source of waste causing environmental
pollution for 03 - 06 months in case of commission of the offences specified in
clause 2 of this Article;
b) Suspending the
operation of the business establishment for 06 - 09 months in case of
commission of the offences specified in point g clause 1 of this Article.
4. Remedial measures:
a) Mandatory application
of remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences or waste-related emergency within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in point g clause 1 of this
Article;
b) Mandatory payment of
costs of organizing waste-related emergency response and costs of environmental
remediation in case of commission of the offences specified in point h clause 1
of this Article.
Article 41. Offences
against regulations on environmental protection during agricultural production
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2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to register,
inventory, report and manage information on chemicals, agrochemicals and
veterinary drugs in accordance regulations; using chemicals, agrochemicals and
veterinary drugs in contravention of regulations resulting in environmental
pollution.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to assess and
control chemicals, agrochemicals and veterinary drugs as prescribed.
4. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for using agrochemicals,
veterinary drugs or chemicals which have expired or are off the permissible
list resulting in environmental pollution.
5. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for importing chemicals or
materials containing hazardous chemicals that fail to meet regulations on
environmental protection.
6. Additional penalties:
Suspending the operation
of the business establishment's source of waste causing environmental pollution
for 09 - 12 months in case of commission of the offences specified in clauses 4
and 5 of this Article.
7. Remedial measures:
Mandatory application of
remedial measures against environmental pollution in accordance with
regulations and mandatory submission of reports on result of completed
remediation of consequences or environmental emergency within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in clauses 2 and 4 of this
Article.
Article 42. Offences
against regulations on payment of environmental protection fees and
environmental protection deposits during mining activities, waste burial, and
insurance against compensation for environmental damage
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2. A fine of 0.05% of the
environmental protection deposit which is underpaid per day shall be imposed
for underpayment of deposits as prescribed and must not exceed VND 1,000,000,000.
4. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for failure to purchase
insurance against compensation for environmental damage.
5. Remedial measures:
a) Collection of the
underpaid or evaded amount of the environmental protection fee that is
calculated from the time of underpayment or evasion of the environmental
protection fee (the collected amount is calculated using the result of waste
sample analysis by the authority having power to carry out inspection and
impose penalties as prescribed) in case of commission of the offences specified
in clause 1 of this Article;
b) Mandatory payment of
costs of solicitation of assessment, inspection, measurement and analysis of
environmental samples for discharge of waste in excess of the permissible limit
specified in the environmental technical regulation or causing environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
c) Mandatory payment of
environmental protection deposits; mandatory purchase of insurance against
compensation for environmental damage in case of commission of the offences
prescribed in clauses 3 and 4 of this Article.
Article 43. Offences
against regulations on environmental information and data; provision and
disclosure of environmental information; reporting of environmental protection
1. c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to make reports or
making inaccurate or insufficient reports or failure to send reports on
environmental protection to competent authorities in accordance with
regulations.
2. Penalties for offences
against regulations on management of environmental information and data are as
follows:
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b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to collect, store
and manage environmental information as prescribed;
c) A fine ranging from
VND 10,000,000 to VND 40,000,000 shall be imposed for illegally accessing the
environmental data and information storage systems as prescribed;
d) A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for modifying, falsifying or
erasing environmental data and information and environmental monitoring
results.
3. Penalties for offences
against regulations on disclosure of environmental information are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for disclosing environmental
data and information, or environmental monitoring results in an incorrect or
insufficient manner as prescribed; failing to provide or update their
environmental information in the national and provincial environmental
databases in accordance with regulations;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to disclose
environmental information and data during production, business operation,
service provision as prescribed, except for the cases specified in point b
clause 1, point b clause 2 Article 10; point b clause 1, point b clause 2,
point b clause 3, Article 11; point h clause 1 Article 31; clause 1 Article 32;
clause 1 Article 33; point b clause 1 Article 40; clause 1 Article 53; clause 1
Article 54 of this Decree;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to disclose waste
monitoring results of investment projects, business establishments, dedicated
areas for production, business and service provision and industrial clusters as
prescribed by law;
d) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for providing untruthful
environmental information in cases where the information must be disclosed to
the public as prescribed.
4. Penalties for offences
against regulations on provision of environmental information are as follows:
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b) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for providing untruthful
environmental data and information and environmental monitoring results to
competent authorities as prescribed; making a report showing the results of
monitoring of wastewater, emissions and other waste do not correctly reflect
the pollution situation at a project, business establishment, dedicated area
for production, business and service provision or industrial cluster.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide or
disclose information in accordance with regulations of law on bond issuance and
law on environmental protection.
6. Remedial measures:
a) Mandatory disclosure
of information in case of commission of the offences specified in points a, b
and c clause 3 of this Article;
b) Mandatory provision
and disclosure of information in case of commission of the offences specified
in point a clause 4 and clause 5 of this Article;
c) Mandatory correction
of misinformation or misleading information about the state of environment in
case of commission of the offences specified in point d clause 3 and point b
clause 4 of this Article.
Article 44. Offences
against regulations on protection and use of works, equipment and vehicles
serving environmental protection activities
1. A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
a) Obstructing the
operation or use of environmental protection works;
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for illegally moving
environmental monitoring machinery and equipment.
3. A fine ranging from
VND 10,000,000 to VND 50,000,000 shall be imposed for building a work affecting
the technical safety corridor of environmental protection works.
4. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for sabotaging or
encroaching on works, equipment and means serving environmental protection
activities.
5. Remedial measures:
Mandatory restoration to
original condition within the period regulated by the person having the power
to impose penalties in the decision to impose penalties for the offences
prescribed in this Article.
Article 45. Offences
against regulations on GHG emissions mitigation
1. A warning shall be imposed for any of the following
offences:
a)
Failure to submit GHG inventory reports to regulatory bodies as prescribed;
b)
Failure to submit reports on reduction of GHG emissions to regulatory
bodies as prescribed.
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a) Providing incorrect or
insufficient information in the GHG inventory report;
b) Providing incorrect or
insufficient information in the report on reduction of GHG emissions.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
a) Failure to prepare GHG
inventory reports as prescribed;
b) Failure to prepare
reports on reduction of GHG emissions as prescribed;
c) Appraising the reports
in the fields not announced by the Ministry of Natural Resources and
Environment.
4. Remedial measures:
a) Mandatory provision of
correct or sufficient information in the GHG inventory reports and reports on
reduction of GHG emissions in case of commission of the offences specified in
Clause 2 of this Article;
b) Mandatory preparation
of the GHG inventory reports and reports on reduction of GHG emissions for the
year(s) of late payment or underpayment, and bearing of all costs incurred, if
any, in case of commission of the offences specified in points a and b clause 3
of this Article;
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Article 46. Offences
against regulations on ozone layer protection
1. A warning shall be imposed for any of the following
offences:
a) Failure
to register the use of controlled substances issued under the List specified in
point b clause 3 Article 92 of the Law on Environmental Protection (hereinafter
referred to as “controlled substances”);
b) Failure to develop an
appropriate roadmap for replacement or removal of controlled ozone-depleting
substances and GHGs as prescribed;
c) Failure to submit
reports on the use of controlled substances within the prescribed time limit.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to prepare
periodic reports on the use of controlled substances as prescribed;
b) Providing incorrect or
insufficient information in the reports on the use of controlled substances.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed:
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b) For failure to use
equipment suitable for the collection, transport and storage of controlled
substances in accordance with regulations; or
c) For failure to develop
the process of safe collection, transport and storage of controlled substances
according to regulations of the Ministry of Natural Resources and Environment.
4. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following
offences:
a) Producing controlled
substances in excess of the allocated quota under the decision on allocation,
adjustment and supplementation of quota for production and import of controlled
substances;
b) Importing controlled
substances in excess of the allocated quota under the decision on allocation,
adjustment and supplementation of quota for production and import of controlled
substances;
c) Transferring the quota
for production and import of controlled substances;
d) Illegally using the
notification of allocation, adjustment and supplementation of the quota for
production and import of controlled substances.
5. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to transfer
controlled substances to a unit issued with an appropriate environmental
license for recycling and treatment in accordance with regulations.
6. Penalties for
discharging into the environment controlled substances not generated together
with other types of hazardous waste of an organization are as follows:
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b) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for discharging 10 kg to less
than 30 kg of controlled substances into the environment;
c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for discharging 30 kg to
less than 50 kg of controlled substances into the environment;
d) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for discharging 50 kg to
less than 100 kg of controlled substances into the environment;
dd) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for discharging 100 kg to
less than 250 kg of controlled substances into the environment;
e) A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for discharging 250 kg to
less than 500 kg of controlled substances into the environment;
g) A fine ranging from
VND 250,000,000 to VND 300,000,000 shall be imposed for discharging at least
500 kg of controlled substances into the environment.
7. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following
offences, except for environmental crimes:
a) Producing prohibited
controlled substances; equipment and products containing or manufactured from
prohibited controlled substances;
b) Importing or exporting
prohibited controlled substances; importing or exporting equipment and products
containing or manufactured from prohibited controlled substances;
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d) Illegally
importing or exporting controlled substances; illegally importing or exporting
equipment or products containing or manufactured from controlled substances;
dd) Consuming prohibited
controlled substances; consuming equipment and products containing or
manufactured from prohibited controlled substances.
8. A fine ranging from
VND 150,000,000 to VND 250,000,000 shall be imposed for recycling and treating
controlled substances without an appropriate environmental license.
9. Additional penalties:
a) Suspending the
operation of the business establishment for 06 - 09 months in case of
commission of the offences specified in clause 7 of this Article.
b) Suspending the
operation of the business establishment for 09 - 12 months in case of
commission of the offences specified in clause 8 of this Article.
10. Remedial measures:
a) Mandatory transfer of
substances and equipment, products containing or manufactured from controlled
substances that need to be treated in accordance with regulations to the units
having treatment function, and bearing of all costs incurred, in case of
commission of the offences specified in clause 5 of this Article;
b) Mandatory disgorgement
of illegal gain from commission of the offences specified in clauses 4 and 7 of
this Article;
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d) Mandatory development
of the process for safe collection, transport and storage in accordance with
regulations in case of commission of the offences specified in point c clause 3
of this Article.
Article 47. Offences
against regulations on management and environmental protection of natural
heritage sites
1. Penalties for
illegally sabotaging or encroaching on natural heritage sites established in
accordance with regulations of law on forestry, fisheries and cultural heritage
sites shall be imposed under regulations of law on penalties for administrative
violations in those fields.
2. Penalties for
illegally sabotaging or encroaching on natural heritage sites being conservation
areas, except for the offences specified in clause 1 of this Article are as
follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for hunting, catching or
exploiting wild animals and wild plants in a wetland conservation area, except
for environmental crimes and purposes of scientific research approved by the
competent authority;
b) A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for obstructing the passage
of aquatic species in the administrative service subdivision of the wetland
conservation areas;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for levelling, digging and
embanking, altering or blocking the natural flow, resulting in changes to the
hydrological regime in a wetland conservation area; raising livestock and
poultry on a farm scale or carrying out aquaculture on an industrial scale;
illegally residing in a conservation area;
d) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for obstructing the passage
of aquatic species in the ecological restoration subdivision of a wetland
conservation area;
dd) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for performing one of the
acts of illegally building a work or residential house in the strictly
protected zone of a wetland conservation area; obstructing the passage of
aquatic species in the strictly protected zone of a wetland conservation area;
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g) Penalties for
illegally building works and residential houses in the ecological restoration
subdivision and administrative service subdivision of a conservation area shall
be imposed in accordance with regulations of law on penalties for
administrative violations in the construction industry.
3. Penalties for causing damage to natural landscapes or
ecosystems in a conservation area, except for the cases specified in clauses 1
and 2 of this Article are as follows:
a) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage to less than
200 m2 of land, wetland or water surface in an area that does
not belong to the strictly protected subdivision of the conservation area;
b) A fine ranging from
VND 5,000,000 to VND 20,000,000 shall be imposed for causing damage to 200 m2 to
less than 400 m2 of land, wetland or water surface in an area that
does not belong to the strictly protected subdivision of the conservation area;
c) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for causing damage to 400 m2 to
less than 800 m2 of land, wetland or water surface in an area that
does not belong to the strictly protected subdivision of the conservation area;
d) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for causing damage to 800 m2 to
less than 1,200 m2 of land, wetland or water surface in an area that
does not belong to the strictly protected subdivision of the conservation area;
dd) A fine ranging from
VND 80,000,000 to VND 150,000,000 shall be imposed for causing damage to 1,000
m2 to less than 1,500 m2 of land, wetland or water
surface in an area that does not belong to the strictly protected subdivision
of the conservation area or causing damage to less than 100 m2 of
land, wetland or water surface in the strictly protected subdivision of the
conservation area;
e) A fine ranging from
VND 150,000,000 to VND 250,000,000 shall be imposed for causing damage to 1,500
m2 to less than 2,000 m2 of land, wetland or water
surface in an area that does not belong to the strictly protected subdivision
of the conservation area or causing damage to 100 m2 to less than
100 m2 of land, wetland or water surface in the strictly protected
subdivision of the conservation area;
g) A fine ranging from
VND 250,000,000 to VND 400,000,000 shall be imposed for causing damage to at
least 2,000 m2 of land, wetland or water surface in an area that
does not belong to the strictly protected subdivision of the conservation area
or causing damage to 200 m2 to less than 300 m2 of land,
wetland or water surface in the strictly protected subdivision of the
conservation area.
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a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for causing damage to the habitats
of water birds and migratory birds;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for causing damage to the
nursery grounds and spawning grounds of aquatic species, except for the cases
specified in point c of this clause;
c) Penalties for causing
damage to nursery grounds and spawning grounds of aquatic species on the list
of endangered, precious and rare species whose protection is prioritized and
the list of endangered and rare aquatic species shall be imposed in accordance
with regulations of law on penalties for administrative violations in the
fisheries sector.
5. Penalties for
illegally sabotaging, encroaching on or causing damage to natural landscapes or
ecosystems in the core zones of other natural heritage sites established in
accordance with regulations of law on environmental protection, except for the
cases specified in clauses 1, 2, 3 and 4 of this Article, shall be imposed as
follows:
a) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage to less than
200 m2 of land, wetland or water surface;
b) A fine ranging from
VND 5,000,000 to VND 20,000,000 shall be imposed for causing damage to 200 m2
to less than 400 m2 of land, wetland or water surface;
c) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for causing damage to 400 m2
to less than 800 m2 of land, wetland or water surface;
d) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for causing damage to 800 m2
to less than 1,200 m2 of land, wetland or water surface;
dd) A fine ranging from
VND 80,000,000 to VND 150,000,000 shall be imposed for causing damage to 1,200
m2 to less than 1,500 m2 of land, wetland or water
surface;
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g) A fine ranging from
VND 250,000,000 to VND 400,000,000 shall causing damage to at least 2,000 m2
of land, wetland or water surface.
6. Additional penalties:
a) Confiscating exhibits
or instrumentalities for committing administrative offences in case of
commission of the offences specified points a, b, d, dd and g clause 2, clause
3, clause 4 and clause 5 of this Article;
b) Suspending the
business establishment’s operation for 01 - 13 months as a remedy for the
offences specified in clauses 2, 3, 4 and 5 of this Article.
7. Remedial measures:
a) Mandatory restoration
to original state in case of commission of the offences specified points a, b,
c, d, dd, e and g clause 2, clause 3, clause 4 and clause 5 of this Article;
b) Mandatory demolition
of illegally built works and residential houses in case of commission of the
offences specified in points b, dd and g clause 2 of this Article.
Article 48. Offences
against regulations on PES
1. Penalties for offences
against regulations on forest environmental services provided by forest
ecosystems shall be imposed in compliance with regulations of law on
penalties for administrative offences in the forestry sector.
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3. Any ecosystem service
user that fails to declare or incorrectly declaring or delays in declaring the
amount payable in the form of authorization to the provincial environment
protection fund or the Vietnam Environment Protection Fund if the local
authority has yet to establish a provincial environment protection fund shall
incur the following penalties:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 if the amount payable is less than VND
50,000,000;
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 if the amount payable is VND 50,000,000 to less
than VND 200,000,000;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 if the amount payable is VND 200,000,000 to less
than VND 300,000,000;
d) A fine ranging from
VND 5,000,000 to VND 7,000,000 if the amount payable is VND 300,000,000 to less
than VND 500,000,000;
dd) A fine ranging from
VND 7,000,000 to VND 10,000,000 if the amount payable is less than VND
500,000,000.
4. Penalties for using
ecosystem services without making payment or making payment in full and on
schedule under the PES contract shall be imposed as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 for failure to pay or fully pay for services
past 03 months from the date specified in the contract if the payment is less
than VND 20,000,000;
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 for failure to pay or fully pay for services
past 03 months from the date specified in the contract if the payment is VND
20,000,000 to less than VND 30,000,000;
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d) A fine ranging from
VND 5,000,000 to VND 15,000,000 for failure to pay or fully pay for services
past 03 months from the date specified in the contract if the payment is VND
50,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 15,000,000 to VND 25,000,000 for failure to pay or fully pay for services
past 03 months from the date specified in the contract if the payment is VND
100,000,000 to less than VND 200,000,000;
e) A fine ranging from
VND 25,000,000 to VND 40,000,000 for failure to pay or fully pay for services
past 03 months from the date specified in the contract if the payment is VND
200,000,000 to less than VND 500,000,000;
g) A
fine ranging from VND 40,000,000 to VND 50,000,000 for failure to pay or fully
pay for services past 03 months from the date specified in the contract if the
payment is at least VND 500,000,000.
5. Any supplier that
fails to formulate an internal PES schemes before concluding contracts with
ecosystem service providers shall receive:
a) A warning if the
offence is detected for the first time; or
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 in case of failure to rectify the offence.
6. Any supplier that
fails to transfer the remaining amount (which is the total amount of PES
collected minus reasonable costs to protect, maintain and develop the
ecosystem) to the provincial environment protection fund or the Vietnam
Environment Protection Fund if the local authority has yet to establish a
provincial environment protection fund shall incur the following penalties:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 if the remaining amount is less than VND
20,000,000;
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c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the remaining amount is VND
30,000,000 to less than VND 50,000,000;
d) A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed if the remaining amount is VND
50,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed if the remaining amount is
VND 100,000,000 to less than VND 200,000,000;
e) A fine ranging from
VND 25,000,000 to VND 40,000,000 shall be imposed if the remaining amount is
VND 200,000,000 to less than VND 500,000,000;
g) A fine ranging from
VND 40,000,000 to VND 50,000,000 if the remaining amount is less than VND
500,000,000.
7. Any natural ecosystem
service provider that uses the proceeds from PES for improper purposes as
prescribed shall incur the following penalties:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 if the proceeds used for improper purposes are
less than VND 20,000,000;
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 if the proceeds used for improper purposes are
VND 20,000,000 to less than VND 30,000,000;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 if the proceeds used for improper purposes are
VND 30,000,000 to less than VND 50,000,000;
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dd) A fine ranging from
VND 15,000,000 to VND 25,000,000 if the proceeds used for improper purposes are
VND 100,000,000 to less than VND 200,000,000;
e) A
fine ranging from VND 25,000,000 to VND 40,000,000 if the proceeds used for
improper purposes are VND 200,000,000 to less than VND 500,000,000;
g) A
fine ranging from VND 40,000,000 to VND 50,000,000 if the proceeds used for
improper purposes are at least VND 500,000,000.
8. Remedial measures:
a) Mandatory payment of
PES in full and late payment interest (if any) in proportion to the amount and
time of late payment within 01 month from the date of receiving the
decision on penalties for administrative offences in case of commission of the
offences specified in clause 4 of this Article.
The interest shall be
calculated based on the amount and time of late payment at the basic interest
rate announced by the State Bank of Vietnam at the time closest to the time of
issuing the decision on penalties for administrative offences;
b) Mandatory formulation
of the internal PES scheme within 06 months from the date of receiving the
decision on penalties for administrative offences in case of commission of the
offences specified in clause 5 of this Article;
c) Mandatory transfer of
the remaining amount to the provincial environment protection fund or the
Vietnam Environment Protection Fund if the local authority has yet to establish
a provincial environment protection fund within 06 months from the date of receiving
the decision on penalties for administrative offences in case of commission of
the offences specified in clause 6 of this Article;
c) Mandatory return of
the amount used for improper purpose within 01 month from the date of
receiving the decision on penalties for administrative offences in case of
commission of the offences specified in clause 7 of this Article.
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1. A warning shall be
imposed for artificially culturing wild plant species, plant varieties, fungi
and microorganisms on the List of endangered, precious and rare species whose
protection is prioritized without notification as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for hunting water birds and
migratory birds in wetland conservation areas and important wetlands, except
for the cases specified in point a clause 2 Article 47 of this Decree.
3. Penalties for
illegally exploiting plant varieties, fungi and microorganisms on the List of
endangered, precious and rare species whose protection is prioritized;
illegally storing, transporting or trading in plant varieties, fungi and
microorganisms on the List of endangered, precious and rare species whose
protection is prioritized outside natural heritage are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 if the exhibit involved in the offence is worth
less than VND 500,000;
b) A fine ranging from
VND 2,000,000 to VND 5,000,000 if the exhibit involved in the offence is worth
VND 500,000 to less than VND 1,500,000;
c) A fine ranging from
VND 5,000,000 to VND 15,000,000 if the exhibit involved in the offence is worth
VND 1,500,000 to less than VND 5,000,000;
d) A fine ranging from
VND 15,000,000 to VND 30,000,000 if the exhibit involved in the offence is
worth VND 5,000,000 to less than VND 10,000,000;
dd) A fine ranging from
VND 30,000,000 to VND 60,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 10,000,000 to less than VND 20,000,000;
e) A fine ranging from
VND 60,000,000 to VND 120,000,000 shall be imposed if the exhibit involved in
the offence is worth at least VND 20,000,000.
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a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit involved in the
offence is worth less than VND 1,000,000;
b) A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibit involved in the
offence is worth VND 1,000,000 to less than VND 2,000,000;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit involved in the
offence is worth VND 2,000,000 to less than VND 5,000,000;
d) A fine ranging from
VND 10,000,000 to VND 25,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 5,000,000 to less than VND 10,000,000;
dd) A fine ranging from
VND 25,000,000 to VND 50,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 10,000,000 to less than VND 15,000,000;
e) A
fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the
exhibit involved in the offence is worth VND 15,000,000 to less than VND
20,000,000;
g) A
fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed if the
exhibit involved in the offence is worth VND 20,000,000 to less than VND
30,000,000.
5. Penalties for illegally storing, transporting, processing
and trading in timber and non-timber forest plants on the List of endangered,
precious and rare species whose protection is prioritized outside natural heritage
sites shall be imposed in accordance with regulations of law on penalties for
administrative violations in the forestry sector. Penalties for illegally
storing, transporting, processing, trading in wild plant species on the List of
endangered, precious and rare species whose protection is prioritized outside
natural heritage sites, except for timber and non-timber forest plants outside
natural heritage sites, are as follows:
a) A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed if the wild plant
species is worth less than VND 15,000,000;
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c) A fine ranging from
VND 25,000,000 to VND 50,000,000 shall be imposed if the wild plant
species is worth VND 25,000,000 to less than VND 50,000,000;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if the wild plant
species is worth VND 50,000,000 to less than VND 70,000,000;
dd) A fine ranging from
VND 70,000,000 to VND 90,000,000 shall be imposed if the wild plant
species is worth VND 70,000,000 to less than VND 90,000,000;
e) A fine ranging from
VND 90,000,000 to VND 120,000,000 shall be imposed if the wild plant species is
worth VND 90,000,000 to less than VND 120,000,000;
g) A fine ranging from
VND 120,000,000 to VND 150,000,000 shall be imposed if the wild plant species
is worth VND 120,000,000 to less than VND 150,000,000;
h) A fine ranging from
VND 150,000,000 to VND 180,000,000 shall be imposed if the wild plant species
is worth VND 150,000,000 to less than VND 180,000,000;
i) A fine ranging from
VND 180,000,000 to VND 210,000,000 shall be imposed if the wild plant species
is worth VND 180,000,000 to less than VND 210,000,000;
k) A fine ranging from
VND 210,000,000 to VND 240,000,000 shall be imposed if the wild plant species
is worth VND 210,000,000 to less than VND 240,000,000;
l) A fine ranging from
VND 240,000,000 to VND 270,000,000 shall be imposed if the wild plant species
is worth VND 240,000,000 to less than VND 270,000,000;
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6. Additional penalties:
Confiscating exhibits or
instrumentalities for committing administrative offences in case of commission
of the offences specified in clauses 2, 3, 4 and 5 of this Article.
Article 50. Offences
against regulations on management of biodiversity conservation facilities
1. A warning shall be
imposed for failure to report the status of species on the List of endangered,
precious and rare species whose protection is prioritized as prescribed.
2. Penalties for
breeding, rearing and artificially planting and transplanting species on the
List of endangered, precious and rare species whose protection is prioritized
at facilities breeding, rearing and artificially planting and transplanting
such species for commercial purposes in contravention of regulations of law
shall be imposed in accordance with regulations of law on penalties for
administrative violations in the forestry and fishery sectors, except for
environmental crimes.
3. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for failure to register, declare
the origin, and prepare documents for monitoring individuals of species on the
List of endangered, precious and rare species whose protection is prioritized.
4. A fine ranging from
VND 2,000,000 and VND 5,000,000 shall be imposed for improperly fulfill one of
the approved conditions in the project on establishment of biodiversity
conservation facility issued together with the certificate of biodiversity
conservation facility approved by a competent authority (including conditions
concerning physical facilities and infrastructure; human resources; financial
resources; species nursery and care processes; storage and preservation of
genetic resources and genetic specimens).
5. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Making untruthful
declarations of eligibility requirements for issuance of certificate of
biodiversity conservation facility;
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6. Additional penalties:
Confiscating the exhibits
and instrumentalities for committing administrative offences in case of
commission of the offence specified in point b clause 5 of this Article.
Article 51. Offences
against regulations on management of invasive alien species
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for rearing, storing,
transporting, planting or propagating invasive alien species outside a
conservation area for non-commercial purposes in cases where their development
and spread are under control and they have not yet caused any damage.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for rearing, storing,
transporting, planting or propagating invasive alien species outside a
conservation area for commercial purposes in cases where their development and
spread are under control and they have not yet caused any damage.
3. Penalties
for rearing, storing, transporting, planting or transplanting invasive
alien species outside a conservation area are as follows:
a) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for the act of making a loss
of less than VND 10,000,000;
b) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for the act of making a loss
of VND 10,000,000 to less than VND 20,000,000;
c) A fine ranging from
VND 80,000,000 to VND 160,000,000 shall be imposed for the act of making a loss
of VND 20,000,000 to less than VND 40,000,000;
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dd) A fine ranging from
VND 240,000,000 to VND 320,000,000 shall be imposed for the act of making a
loss of VND 60,000,000 to less than VND 80,000,000;
e) A fine ranging from
VND 320,000,000 to VND 400,000,000 shall be imposed for the act of making a
loss of VND 80,000,000 to less than VND 100,000,000;
g) A fine ranging from
VND 400,000,000 to VND 480,000,000 shall be imposed for the act of making a
loss of VND 100,000,000 to less than VND 120,000,000;
h) A fine ranging from
VND 480,000,000 to VND 560,000,000 shall be imposed for the act of making a
loss of VND 120,000,000 to less than VND 140,000,000;
i) A fine ranging from
VND 560,000,000 to VND 200,000,000 shall be imposed for the act of making a
loss of VND 140,000,000 to less than VND 150,000,000;
4. Penalties for the acts
of rearing, storing, transporting, planting or propagating invasive alien
species within a conservation area in cases where their development and spread
are under control:
a) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed on the offence committed
outside the strictly protected sub-zone;
b) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed on the offence committed
inside the strictly protected sub-zone;
5. Penalties for rearing,
storing, transporting, planting or propagating invasive alien species in a
conservation area in cases where their development and spread are out of
control:
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b) Fines shall be 40% to
50% more than the fines specified in clause 4 of this Article if the offence is
committed inside the strictly protected sub-zone.
Total fine imposed for
each act of offence specified in this clause must not exceed VND 1,000,000,000.
6. A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for importing invasive
alien microorganisms.
7. Penalties
for importing invasive alien animals and plants are as follows:
a) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit involved in
the offence is worth less than VND 10,000,000;
b) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 10,000,000 to less than VND 20,000,000;
c) A fine ranging from
VND 80,000,000 to VND 160,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 20,000,000 to less than VND 40,000,000;
d) A fine ranging from
VND 160,000,000 to VND 240,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 40,000,000 to less than VND 60,000,000;
dd) A fine ranging from
VND 240,000,000 to VND 320,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 60,000,000 to less than VND 80,000,000;
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g) A fine ranging from
VND 400,000,000 to VND 480,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 100,000,000 to less than VND 120,000,000;
h) A fine ranging from
VND 480,000,000 to VND 560,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 120,000,000 to less than VND 140,000,000;
i) A fine ranging from
VND 560,000,000 to VND 640,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 140,000,000 to less than VND 160,000,000;
k) A fine ranging from
VND 640,000,000 to VND 720,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 160,000,000 to less than VND 180,000,000;
l) A fine ranging from
VND 720,000,000 to VND 800,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 180,000,000 to less than VND 200,000,000;
m) A fine ranging from
VND 800,000,000 to VND 880,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 200,000,000 to less than VND 220,000,000;
n) A fine ranging from
VND 880,000,000 to VND 920,000,000 shall be imposed if the exhibit involved in
the offence is worth VND 220,000,000 to less than VND 230,000,000;
o) A fine ranging from
VND 920,000,000 to VND 1,000,000,000 shall be imposed if the exhibit involved
in the offence is worth VND 230,000,000 to less than VND 250,000,000.
8. Additional penalties:
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9. Remedial measures:
a) Mandatory destruction
of all invasive alien species; mandatory restoration to original state in
case of commission of the offences specified in clauses 1, 2, 3, 4 and 5 of
this Article;
b) Mandatory re-export of
illegally imported invasive alien species out of the territory of the Socialist
Republic of Vietnam in case of commission of the offences specified in clauses
6 and 7 of this Article. If the re-export is impossible, all illegally imported
invasive alien species must be destroyed.
Article 52. Offences
against regulations on management, access and benefit sharing of genetic
resources
1. A warning shall be
issued for perform one of the acts of failing to periodically report or failing
to report the operation as prescribed during the period of access to genetic
resources in support of research for non-commercial purposes as specified in
the license for access to genetic resources.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to comply with
the requirements stated in the plan to access to genetic resources approved by
the competent authority;
b) Failure to notify the
competent authority of the transfer to a third party the genetic resources and
their derivatives serving the same purposes of commercial research and
development of commercial products;
c) Failure to share
benefits accrued from the use of genetic resources with relevant parties in
accordance with regulations;
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dd) Bringing genetic
resources out of the Vietnam’s territory but failing to comply with the
requirements specified in the license for access to genetic resources or the
decision to permit the transfer of genetic resources abroad in service of study
or research for non-commercial purposes;
e) Failure to use the
license for access to genetic resources in accordance with requirements and for
its intended purposes.
3. A fine ranging from
VND 10,000,000 and VND 30,000,000 shall be imposed for failure to
exchange, transfer or provide assigned genetic resources to other organizations
or individuals in accordance with law provisions; transferring genetic
resources and their derivatives and changing their purposes specified in the
license for access to genetic resources, except for cases specified in clauses
1 and 2 of this Article.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for accessing to genetic
resources without the license granted by a competent authority or with an
expired license for access to genetic resources.
5. Additional penalties:
a) Suspending the license
for access to genetic resources for 06 - 12 months in case of commission of the
offences specified in points a, b, c, d, dd and e clause 2 of this Article;
b) Confiscating exhibits
or instrumentalities for committing administrative offences in case of
commission of the offences specified in clauses 3 and 4 of this Article.
6. Remedial measures:
Mandatory recall of the
products obtained from the illegal access to genetic resources within the
period regulated by the person having the power to impose penalties in the
decision to impose penalties for the administrative offences prescribed in
points d and e clause 2 of this Article.
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1. A warning or a fine ranging from VND 100,000 to VND
500,000 shall be imposed for failing to disclose information about the level of
risks and measures to manage risks to the environment and biodiversity when
doing research and developing technologies for genetically modified organisms
and their genetic specimens.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to conduct
research to produce, analysis, testing or isolation of genetically modified
organisms and/or their products at designated places.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Providing false
information in the application for issuance of license for genetically modified
organism testing, the application for issuance of certificate of biosafety of
genetically modified organism or the application for issuance of certificate of
genetically modified organisms qualified for use as foods or animal feeds;
b) Failure to comply with
the requirements specified in the license for genetically modified organism
testing, the certificate of biosafety of genetically modified organism or the
certificate of genetically modified organisms qualified for use as foods,
animal feeds.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for one of the offences
against regulations on genetically modified organism research and testing:
a) Hiding information
about risks of adverse effects on the environment, biodiversity and human health
or domestic animals during the genetically modified organism research and
testing;
b) Bringing into the
Socialist Republic of Vietnam genetically modified organisms that are not
subject to the registered research proposal; not covered by the approved
genetically modified organism testing and plan.
5. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following
offences against regulations on genetically modified organism research and
testing:
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b) Failure to adopt emergency response measures to thoroughly
handle and destroy genetically modified organisms if it is found that such
genetically modified organisms may cause risks, which are out of control, to
the environment, biodiversity, human health and domestic animals;
c) Causing the release of
genetically modified organisms into the environment during the genetically
modified organism research and testing.
6. Additional penalties:
Suspending the License
for genetically modified organism testing, the decision on accreditation of
genetically modified organism laboratory or the decision on accreditation of
genetically modified organism testing facility for 06 - 12 months in case of
commission of the offences prescribed in clause 5 of this Article.
7. Remedial measures:
a) Mandatory destruction
of all genetically modified organisms to which the License for genetically
modified organism testing or the certificate of biosafety is not yet issued in
case of commission of the offences specified in clause 2, point b clause 3 and
point b clause 4 of this Article;
b) Mandatory application
of remedial measures against environmental pollution in case of commission of
the offences prescribed in clauses 2, 4 and 5 of this Article.
Article 54. Offences
against regulations on production, trading, import, storage and transport of
genetically modified organisms and their products
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for failing to
disclose information about the level of risks and measures to manage risks to
the environment and biodiversity when importing, trading or releasing
genetically modified organisms and/or their genetic specimens.
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3. A warning or a fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to
disclose information about the level of risks and measures to manage risks to
the environment and biodiversity of genetically modified organisms, genetic
specimens and products of genetically modified organisms.
4. A fine ranging
from VND 30,000,000 to VND 50,000,000 shall be imposed for producing
or trading genetically modified organisms without a certificate of biosafety as
prescribed.
5. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following
offences:
a) Intentionally rearing,
culturing or releasing genetically modified organisms and/or their genetic
specimens without a certificate of biosafety;
b) Illegally importing
genetically modified organisms and/or their genetic specimens.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
offences:
a) Intentionally rearing,
culturing or releasing genetically modified organisms and/or their genetic specimens
without a certificate of biosafety affecting the environment and biodiversity;
b) Illegally importing
genetically modified organisms and/or their genetic specimens affecting the
environment and biodiversity.
7. Remedial measures:
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b) Mandatory re-export of
shipments of genetically modified organisms and/or their genetic specimens out
of the territory of the Socialist Republic of Vietnam in case of commission of
the offences specified in point b clause 5 and point b clause 6 of this
Article. If the re-export is impossible, shipments of genetically modified
organisms and/or their genetic specimens must be destroyed.
Article 55. Acts of
obstructing state management, inspection and imposition of penalties for
administrative offences against regulations on environmental protection
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Causing difficulties
in assessment, investigation, research or monitoring of state of the
environment or in performance of official duties by competent persons;
b) Uttering words or
taking actions threatening, offending or hurting the honor of a person on duty;
c) Refusing to receive
decision on inspection or supervision, decision on imposition of penalty for
administrative offence or decision to enforce the implementation of decision on
imposition of penalty for administrative offence;
d) Failure to organize
talks on environmental issues at the request of competent environment
authorities or according to complaints, denunciations or claims made by
relevant organizations/individuals as regulated.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a)
Failure to make declaration or making declaration in an untruthful manner or
after the deadline prescribed by the law enforcer or competent authority;
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c) Failure to cooperate
with or obstructing the task performance by the inspectorate or person assigned
to conduct inspection of environmental protection;
d) Failure to appoint any
authorized representative as prescribed by law to attend the ceremony to
announce decision on inspection of environmental protection or failure to
appoint any authorized representative to work with the environment
inspectorate.
3. A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed for deliberately removing the
seals of exhibits, facilities, factories, machinery and/or equipment that is
being sealed or impounded or hiding exhibits of offence or deliberately make
changes at scenes of administrative environmental protection offences.
4. A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed for any of the following
offences:
a) Delaying or shirking
the enforcement of decision on inspection or decision on imposition of penalty
for administrative environmental protection offence issued by the competent
person or authority;
b) Failure to strictly
and fully implement contents and requirements specified in the conclusion on
results of environmental protection inspection made by the competent agency.
Chapter III
POWER TO IMPOSE PENALTIES AND MEASURES TO
ENFORCE PENALTY IMPOSITION DECISIONS
Article 56. Power to
impose penalties for administrative offences of Chairpersons of People’s
Committees at all levels
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a) issue warnings;
b) impose a maximum fine
of VND 5,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 10,000,000;
d) enforce the remedial
measures mentioned in points a, b, c and dd clause 3 Article 4 of this Decree.
2. Chairpersons of
district-level People’s Committees have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
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3. Chairpersons of provincial People’s Committees have the
power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 57. Power to
impose penalties for administrative offences of People's Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
a) issue warnings;
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2. Senior officers of the
persons mentioned in clause 1 of this Article have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,500,000.
3. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police, Majors of Mobile
Police Battalions, and Captains of Squadrons have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 2,500,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 5,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
4. District-level Police
Chiefs; the Chiefs of provincial Police Departments, including: Chiefs of
Internal Political Security Divisions, Chiefs of Police Divisions for
Prevention and Control of Environmental Crimes and Chiefs of Immigration
Divisions in the performance of their duty have the power to:
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b) impose a maximum fine
of VND 25,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
dd) enforce the remedial
measures mentioned in points a, c, dd, h, i, k, l, m, n and o clause 3 Article
4 of this Decree.
5. Directors of
provincial Police Departments have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
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6. Director General of
Police Department for Prevention and Control of Environmental Crimes
and Director General of Immigration Department in the performance of their
duty have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
Article 58. Power to
impose penalties for administrative offences of natural resources and
environment inspecting authorities
1. Inspectors and persons
assigned to carry out specialized inspections in the performance of their duty
have the power to:
a) issue warnings;
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c) confiscate exhibits
and instruments of administrative offence worth up to VND 1,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief Inspectors of
provincial Departments of Natural Resources and Environment, Chiefs of
Specialized Inspectorates of provincial Departments of Natural Resources and
Environment and Vietnam Environment Administration have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
3. Chief of Specialized
Inspectorate of the Ministry of Natural Resources and Environment has the power
to:
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b) impose a maximum fine
of VND 250,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 500,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
4. Chief Inspector of the Ministry of Natural Resources and
Environment and Director General of Vietnam Environment Administration have the
power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
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Article 59. Power of
national defense inspecting authorities
1. Chief of Specialized
Inspectorate of the Ministry of National Defense has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 250,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 500,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
2. Chief Inspector of the
Ministry of National Defense has the power to:
a) issue warnings;
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c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 60. Power of
the Border Guard
1. The Border Guard officers in the performance of their duty
have the power to:
a) issue warnings;
b)
impose a maximum fine of VND 500,000.
2. Senior officers of the
persons mentioned in clause 1 of this Article have the power to:
a) issue warnings;
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3. The leaders of Task
Force Teams for Drug and Crime Prevention and Control which are put under the
control of Task Force Commissions for Drug and Crime Prevention and Control
have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 20,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
4. Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
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5. Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Border Guard High Command have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 200,000,000;
d) enforce the remedial
measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
6. Chief Commander of provincial-level Border Guards;
Captains of Naval Border Guard Squadrons and Director General of the Department
of Drug and Crime Prevention and Control affiliated to the Border Guard High
Command have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
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dd) enforce the remedial
measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
Article 61. Power of
the Coast Guard
1. The Border Guard
officers in the performance of their duty have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,500,000.
2. Captains of coastguard
teams have power to:
a) issue warnings;
b) impose a maximum fine
of VND 5,000,000.
3. Coastguard squad
leaders and captains of coastguard stations have the power to:
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b) impose a maximum fine
of VND 10,000,000;
c) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
4. Commanders of
coastguard platoons have power to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
d)
enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
5. Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam have the power to:
a) issue warnings;
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c) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
d) enforce the remedial
measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
6. Commanders of regional
coastguard command centers and Director General of the Department of Operations
and Legislation under the control of the Command of Coast Guard of Vietnam have
the power to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
c) suspend the license;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
7. Commander of Vietnam
Coast Guard has the power to:
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b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial measures
mentioned in points a, b, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4
of this Decree.
Article 62. Power of
customs authorities
1. Customs officers in the performance of their duty
have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000.
2. Team Leaders, Group
Leaders of Customs Sub-departments; Leaders of Groups in Control Teams
affiliated to provincial, inter-provincial or central-affiliated city Customs
Departments; Leaders of Teams in Post-clearance Inspection Sub-departments have
the power to:
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b) impose a maximum fine
of VND 5,000,000.
3. Directors of Customs
Sub-departments, Directors of Post-clearance Inspection Sub-departments,
Leaders of Control Teams of provincial, inter-provincial or central-affiliated
city Customs Departments, Leaders of Criminal Investigation Teams, Leaders of
Smuggling Control Teams, Captains of Maritime Control Flotillas, Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments as an affiliate of the
Post-clearance Inspection Department have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
d) enforce the remedial
measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article
4 of this Decree.
4. Director of the
Smuggling Investigation and Prevention Department, Director of the
Post-clearance Inspection Department, a subsidiary of the General Department of
Customs, and Directors of the provincial, inter-provincial or
central-affiliated city Customs Departments have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
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d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article
4 of this Decree.
5. The Director General
of the General Department of Customs has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) confiscate exhibits
and instruments of administrative offence;
d) enforce the remedial
measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article
4 of this Decree.
Article 63. Power of
forest protection forces, fishery resource surveillance forces and
agriculture and rural development inspecting authorities
1. Forest protection
officers in the performance of their duty have the power to:
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b) impose a maximum fine
of VND 500,000.
2. Agriculture and rural
development inspectors and persons assigned to carry out specialized
inspections of fishery have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 1,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
3. Fisheries resources
surveillance officers in the performance of their duty have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 2,000,000;
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4. Heads of forest
protection stations have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 20,000,000.
5. Heads of Fishery
Resource Surveillance Stations under Regional Fishery Resource Surveillance
Sub-departments have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 20,000,000;
d) enforce the remedial
measures mentioned in points a, b and g clause 3 Article 4 of this Decree.
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a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
d) enforce the remedial
measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
7. Heads of Forest
Protection Sub-departments; Heads of Regional Forest Protection Sub-departments
and Leaders of Forest Protection Task Force Teams under the Forest Protection
Department have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
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8. Chief Inspectors of
Departments of Agriculture and Rural Development, specialized Inspectorates of
provincial Departments of Agriculture and Rural Development, chief of
specialized inspectorate of the Directorate of Fisheries, chief of specialized
inspectorate of the Vietnam Administration of Forestry have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
d)
suspend the license or operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
9. Heads of Regional
Fishery Resource Surveillance Sub-departments have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
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d) enforce the remedial
measures mentioned in points a, b, d, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
10. Chief of specialized
inspectorate of the Ministry of Agriculture and Rural Development have the
power to:
a) issue warnings;
b) impose a maximum fine
of VND 250,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 500,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
11. Director General of
the Forest Protection Department has the power to:
a) issue warnings;
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c) confiscate exhibits
and instruments of administrative offence;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
12. Director General of
the Director General of the Viet Nam Fisheries Resources Surveillance has the
power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) confiscate exhibits
and instruments of administrative offence;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
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a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) confiscate exhibits
and instruments of administrative offence;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 64. Power of
industry and trade inspecting authorities and market surveillance authorities
1. Market surveillance
officials in the performance of their duty have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000.
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a) issue warnings;
b) impose a maximum fine
of VND 500,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 1,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
3. Heads of Market
Surveillance Teams and Heads of Professional Division affilited to the Market
Surveillance Operations Department shall have the powers to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 50,000,000;
d) enforce the remedial
measures mentioned in points a, dd, e, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
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a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
5. Directors General of
provincial Market Surveillance Departments and Director General of the Market
Surveillance Operations Department affiliated to the Vietnam Directorate of
Market Surveillance have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) confiscate exhibits
and instruments of administrative offence;
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dd) enforce the remedial
measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
6. Chief of Specialized
Inspectorate of the Ministry of Industry and Trade has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 250,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 500,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
7. The Director General
of the Vietnam Directorate of Market Surveillance has the power to:
a) issue warnings;
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c) confiscate exhibits
and instruments of administrative offence;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3
Article 4 of this Decree.
8. Chief Inspector of the
Ministry of Industry and Trade has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) confiscate exhibits
and instruments of administrative offence;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
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1. Chief representatives
of maritime administrations, chief representatives of airports authorities,
chief representatives of inland waterways port authorities have the power
to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 20,000,000.
2. Directors of maritime
administrations, directors of airports authorities and directors of inland
waterways port authorities have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
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3. Chief Inspector of
Vietnam Maritime Administration and Chief Inspector of Civil Aviation Authority
of Vietnam have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
4. Director General of
Vietnam Inland Waterway Administration, Director General of Vietnam Maritime
Administration and Director General of Civil Aviation Authority of Vietnam have
the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
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d) suspend the license or
operation;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 66. Power to
impose penalties for administrative offences of culture, sports and tourism
inspecting authorities
1. Culture, sports and tourism inspectors in the performance
of their duty have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000;
c) confiscate exhibits
and instruments of administrative offence worth up to VND 1,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief Inspectors of
Departments of Culture, Sports and Tourism, Chief Inspectors of Departments of
Culture and Sports, Chief Inspectors of Departments of Tourism, chiefs of
specialized inspectorates of Departments of Culture, Sports Departments of
Culture, Sports and Tourism, chiefs of specialized inspectorates of Departments
of Culture and Sports and chiefs of specialized inspectorates of Departments of
Tourism have the power to:
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b) impose a maximum fine
of VND 50,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
3. Chiefs of specialized
culture, sports and tourism inspectorates of the Ministry of Culture, Sports
and Tourism have the power to:
a) issue warnings;
b) impose a maximum fine
of VND 250,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 500,000,000;
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4. Chief Inspector of
Ministry of Culture, Sports and Tourism has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the license or
operation;
d) confiscate exhibits
and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 67. Power of
Health Environment Management Agency
1. Persons assigned to
carry out specialized inspections of health environment management in the
performance of their duty have the power to:
a) issue warnings;
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c) confiscate exhibits
and instruments of administrative offence worth up to VND 1,000,000;
d) enforce the remedial
measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief of specialized
inspectorate of Health Environment Management Agency has the power to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the
environmental license or operation;
d) confiscate exhibits
and instruments of administrative offence worth up to VND 100,000,000;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
3. Director General of
Health Environment Management Agency has the power to:
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b) impose a maximum fine
of VND 1,000,000,000;
c) suspend the
environmental license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd) enforce the remedial
measures mentioned in clause 3 Article 4 of this Decree.
Article 68. Delegation
of power to impose administrative environmental protection offences; transfer
of files on cases suspected of environmental crimes for initiation of criminal
prosecution
1. The forces’ power to impose penalties for administrative
environmental protection offences shall be delegated as follows:
a) Chairpersons of
People’s Committees at all levels have the power to impose penalties for the
administrative offences prescribed in Chapter II hereof within their scope of
management;
b) Natural resources and
environment inspecting authorities have the power to impose penalties for the
administrative offences prescribed in Chapter II hereof;
c) The People’s Public
Security, under its authority, and within the sectors under its management and
scope of duties, have the power to impose penalties for the administrative
offences specified in point a clause 1, point a clause 2, point a clause 3
Article 9; Article 10 if the EIAR appraisal result is within its power to
approve or point g clause 1, point g clause 2 Article 10 if the EIAR appraisal
result is beyond its power to approve; Article 11 if the environment license is
within its power to issue or points g and h clause 1, points g and h clause 2,
points g and h clause 3 Article 11 if the environment license is beyond its
power to issue; Article 12 if the environment license is within its power to
issue or point dd clause 1, point dd clause 2, point dd clause 3 Article 12 if
the environment license is beyond its power to issue; Article 13 if the EIAR
appraisal result is within its power to approve or points a and b clause 1,
points a and b clause 2 Article 13 if the EIAR appraisal result is beyond its
power to approve; Article 14 if the environment license is within its power to
issue or points a, c and dd clause 1, points d and dd clause 2, points d and dd
clause 3, points d and dd clause 4 if the environment license is beyond its
power to issue; clause 2, points e, g and h clause 3, points e, h and i clause
4, points d and e clause 5, clause 6, Article 15; clauses 2, 3 and 4 Article 16
if the environment license is within its power to issue; Articles 18, 19, 20,
21, 22, 23 and 24; clauses 2, 3, 4 and 6 Article 25; point c clause 4, point d
clause 5, clauses 8, 9 and 10 Article 26; Article 27; clauses 5, 6 and 7
Article 29; point a clause 2, points a and d clause 3, points a and c clause 4,
clauses 5, 6 and 7 Article 30; point a clause 4, clauses 6 and 7 Article 31;
clause 2 points g and h clause 3 Article 34; clauses 3, 4 and 5 Article 36;
point b clause 4, point b clause 5, point b clause 6, Point b clause 7 and
point c clause 8, clause 11 Article 39; clause 2 Article 40; clauses 4 and 5
Article 41; clauses 5 and 6, points b, d and dd clause 7 Article 46; clauses 2,
3, 4 and 5 Article 47; Article 49; Article 51 and Article 55 of this Decree;
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dd) The Coast Guard,
within their power, and within the sectors under their management and scope of
duties, have the power to impose penalties for the administrative environmental
protection offences committed within territorial waters, exclusive
economic zones and zones under the sovereignty of the Socialist Republic of
Vietnam specified in Articles 18, 19, 20, 21 and 24; point d clause 2,
clause 4 Article 25; clause 8 Article 26; Article 27; clauses 5, 6 and 7
Article 29; clauses 5, 6 and 7 Article 30; points g and h clause 3 Article 34;
Articles 36 and 39; clause 2 Article 40; clause 5 Articles 47 and 55 of this
Decree;
e) The Border Guard,
within their power, and within the sectors under their management and scope of
duties, have the power to impose penalties for the administrative environmental
protection offences specified in Articles 25, 26, 27, 29, 30, 36, 39, 49; 51,
52, 54 and 55 of this Decree;
g) Forest protection
forces and forestry inspectors, within their power, and within the sectors
under their management and scope of duties, have the power to impose penalties
for the administrative environmental protection offences involving ranger’s
activities specified in Articles 47, 49, 50, 51, 52, 53, 54 and 55 of this
Decree. Fishery resource surveillance forces, within their power, and within
the sectors under their management and scope of duties, have the power to
impose penalties for the administrative environmental protection offences
involving fishery resource surveillance activities specified in point a clause
2 Article 36; clause 5 Article 47; clauses 6 and 7 Article 51; point b clause
5, point b clause 6 Article 54 and Article 55 of this Decree. Agriculture and
rural development inspecting authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
agriculture and rural development activities specified in point a clause 2
Article 36; Article 41; Articles 45, 47, 49, 50, 51, 52, 53, 54 and 55 of this
Decree. Fishery inspecting authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
fishery activities specified in point a clause 2 Article 36; Articles 47, 49,
50, 51, 52, 53, 54 and 55 of this Decree;
h) Maritime
administrations, within their power, and within the sectors under their
management and scope of duties, have the power to impose penalties for the
administrative environmental protection offences involving maritime activities
specified in Articles 36, 39, 40 and 55 of this Decree; inland waterways port
authorities, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences committed within inland waterways specified
in Articles 39, 40 and 55 of this Decree; airports authorities, within their
power, and within the sectors under their management and scope of duties, have
the power to impose penalties for the administrative environmental protection
offences committed within aviation areas specified in clauses 2 and 5 Articles
25 and 55 of this Decree;
i)
Customs authorities, within their power, and within the sectors under their
management and scope of duties, have the power to impose penalties for the
administrative environmental protection offences involving customs activities
specified in Article 27; clauses 1 and 2 Article 34; points d and e clause 1,
clause 3 Article 25; clause 4 Article 46; Articles 51, 54 and 55 of this
Decree;
k) Market surveillance
authorities, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences involving market surveillance activities,
commodities and the trading in and use of wild animals specified in Articles
46, 49, 51, 52, 54 and 55 of this Decree; industry and trade inspecting
authorities, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences specified in Articles 45 and 46 of this
Decree;
l) Culture, sports and
tourism inspecting authorities, within their power, and within the sectors
under their management and scope of duties, have the power to impose penalties
for the administrative environmental protection offences specified in Article
22; clauses 2 and 5 Article 25 of this Decree;
m) Health environment
management authorities, within their power, and within the sectors under their
management and scope of duties, have the power to impose penalties for the
administrative offences committed within hospitals and health facilities
specified in clause 2, point a clause 3, clause 8 Article 26; clauses 1 and 2,
points a, d, d, dd, e and g clause 3, clauses 4, 5 and 7 Article 29 of this Decree.
2. Transfer of files on cases suspected of environmental
crimes for initiation of criminal prosecution and transfer of files on offence
cases for imposition of administrative penalties.
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b) For an offence case
suspected of environmental crimes detected through the inspection, regulations
of law on inspection shall be complied with.
Article 69. Procedures
for suspending environmental licenses or operation or enforcing the application
of remedial measures and responsibility of relevant authorities, organizations
and individuals
1. Procedures for
suspending the license or operation of the organizations and individuals
prescribed in Chapter II of this Decree shall comply with regulations of Law on
Penalties for Administrative Violations.
2. An organizational or
individual whose environmental license or operation has been suspended have
production/business activities and services causing environmental pollution,
agencies making decision on imposition of administrative penalties shall assume
the following responsibilities:
a) The
Ministry of Natural Resources and Environment shall cooperate with provincial
People’s Committees, Ministries and central authorities concerned in directing
authorities and organizations to suspend the environmental license or operation
in cases where the environmental license is issued by the Ministry. To be
specific:
The Management Board of
economic zones, industrial parks, export processing zones and high-tech zones
shall preside over and cooperate with the provincial Department of Natural
Resources and Environment, authorities of the persons imposing penalties,
People's Public Security at all levels, People’s Committees of the commune
where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension
of the environmental license or operation which is written on the penalty
imposition decision in cases where the organization or individual commits the
offence within an area of the Management Board of economic zones, industrial
zones, export processing zones and high-tech zones;
The provincial Department
of Natural Resources and Environment shall preside over and cooperate with
authorities of the persons imposing penalties, People's Public Security at all
levels, People’s Committee of the district or commune where the organization or
individual commits the offence and relevant authorities in sealing factories,
machinery and equipment of the organization or individual on the beginning date
of the suspension of the environmental license or operation which is
written on the penalty imposition decision in cases where the organization or
individual does not commit the offence within an area of the Management Board
of economic zones, industrial zones, export processing zones and high-tech
zones and commits the offence within at least 02 districts;
The district-level
People’s Committee shall preside over and cooperate with the provincial
Department of Natural Resources, authorities of the persons imposing penalties,
People's Public Security at all levels, People’s Committee of the district or
commune where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension of the environmental
license or operation which is written on the penalty imposition decision
in cases where the organization or individual does not commit the offence
within an area of the Management Board of economic zones, industrial zones,
export processing zones and high-tech zones and commits the offence within 01
district;
b) The provincial
People’s Committee shall direct the suspension of the environmental license or
operation in cases where the environmental license is issued by the provincial
People’s Committee. To be specific:
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The provincial Department
of Natural Resources and Environment shall preside over and cooperate with
authorities of the persons imposing penalties, People's Public Security at all
levels, People’s Committee of the district or commune where the organization or
individual commits the offence and relevant authorities in sealing factories,
machinery and equipment of the organization or individual on the beginning date
of the suspension of the environmental license or operation which is written on
the penalty imposition decision in cases where the organization or individual
does not commit the offence within an area of the Management Board of economic
zones, industrial zones, export processing zones and high-tech zones and
commits the offence within at least 02 districts;
The district-level
People’s Committee shall preside over and cooperate with the provincial
Department of Natural Resources, authorities of the persons imposing penalties,
People's Public Security at all levels, People’s Committee of the district or
commune where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension of the environmental
license or operation which is written on the penalty imposition decision in
cases where the organization or individual does not commit the offence within
an area of Management Board of economic zones, industrial zones, export
processing zones and high-tech zones and commits the offence within 01
district;
c) The district-level
People’s Committee shall preside over and cooperate with authorities of the
persons imposing penalties, district-level police and People’s Committee of the
commune where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension of the environmental
license or operation which is written on the penalty imposition decision
in cases where the district-level People's Committee issues the environmental
license to the violating organization or individual.
3. Responsibilities of organizations and
individuals whose license or operation has been suspended or that are
compelled to take remedial measures against offences are as follows:
a) Organizations and
individuals whose license or operation has been suspended must strictly comply
with penalty imposition decisions, enable competent authorities to fulfil their
duties and are permitted to resume their operation only when the competent
authority confirms the completed remediation of consequences of offences;
b) Organizations and
individuals that are compelled to take remedial measures against offences must
strictly comply with penalty imposition decisions, submit remedial action
reports to authorities which impose the penalties and authorities which have
granted the license for inspection and supervision;
c) If an offence causes
environmental pollution or it is mandatory to renovate, upgrade and build
environmental protection works, the violating individual or organization must
promptly implement remedial measures. After completing remedial measures, the
violating individual or organization must send a report on plan on trial
operation of environmental protection works to competent authorities specified
in point a clause 1 Article 70 of this Decree for inspection, supervision and
approval for trial operation in accordance with regulations of law.
Article 70. Inspection
and confirmation of results of implementation of remedial measures against
administrative environmental protection
offences
1. Procedures for inspection and certification of result of
remedial measures against administrative offences taken by an individual or
organization whose environmental license or operation is suspended before the
operation resumption or that is compelled to implement remedial measures in
cases the person imposing penalties works for the competent authority issuing
environmental license (hereinafter referred to as “competent authority”):
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The report on result of
completed remediation of consequences of environmental protection offence
includes general information about the individual or organization (name of
individual or organization, address, operating location, account, investment
certificate, business registration certificate, license, penalty imposition
decision, inspection and examination conclusions); results of completed
remediation of consequences of environmental protection offence (result of
remediation of offence against regulations on wastewater, result of remediation
of offence against regulations on dust and emissions, result of remediation of
offence against regulations on noise, result of remediation of offence against
regulations on vibration, result of remediation of offence against regulations
on management of normal solid waste, hazardous waste, result of remediation of
other environmental protection offences).
b) Within 05 working days
from the date of receiving the report on result of completed remediation of
consequences of environmental protection offence, the competent authority shall
inspect the remediation according to the penalty imposition decision and
environmental protection inspection conclusion (if any). The inspectorate
establishment decision; inspection record shall be made in accordance with
regulations of law on environmental protection and inspection;
c) In case the individual
or organization has completed the remediation of consequences of the
environmental protection offence, the competent authority shall, within 05
working days from the end of the remediation inspection (except for cases where
inspection, measurement and analysis of environmental samples by third parties
are necessary), give a conclusion on the remediation inspection and remove the
seals (if any) so as for the individual or organization to resume their
operation;
d) In cases where the
organization or individual has yet to complete the remediation of consequences
of the environmental protection offence, they shall continue the remediation
provided that the time limit for remediation written on the penalty imposition
decision is not exceeded; if the time limit is not long enough to carry out the
remediation, such organization or individual shall request a competent
authority to consider extending it but not exceeding 24 months; if the violator
does not carry out the remediation on purpose, they shall be compelled to
implement remedial measures in accordance with regulations of law.
2. Procedures for inspection and certification of result of
remedial measures against administrative offences taken by an individual or
organization whose environmental license or operation is suspended before the
operation resumption or that is compelled to implement remedial measures in
cases the person imposing penalties works for the competent authority issuing
environmental license:
a) At
least 15 working days before the expiry date of the suspension of the
environmental license/operation or implementation of remedial measures, the
violating individual or organization must send a report on result of completed
remediation of consequences of environmental protection offence (enclosed with
documents, data and results of analysis of waste samples in conformity with
environmental technical regulations conducted by a functional authority) to:
- Specialized authorities
and units affiliated to the Ministry of Natural Resources and Environment
exercising the functions of inspecting the remediation of consequences of the
environmental administrative offence (if the project or dedicated area for
production, business and service provision has its environment license granted
by the Ministry of Natural Resources and Environment);
- The provincial
Department of Natural Resources and Environment (if the project or dedicated
area for production, business and service provision has its environment license
granted by the provincial People’s Committee);
- The district-level
People’s Committee (if the project or dedicated area for production, business
and service provision has its environment license granted by the district-level
People’s Committee);
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b) Within 05 working days
from the date of receiving the report on result of completed remediation of
consequences of environmental protection offence, the competent authority
specified in point a of this clause shall preside over and cooperate with the
authority of the person conducting the remediation inspection according to the
penalty imposition decision and environmental protection inspection conclusion
(if any). Where necessary, a specialized authority or unit affiliated to the
Ministry of Natural Resources and Environment exercising the functions of
inspecting the remediation of consequences of the environmental administrative
offence shall assign the provincial Department of Natural Resources and
Environment to inspect the remediation in cases where such specialized
authority or unit is responsible for the inspection. The inspectorate
establishment decision; inspection record shall be made in accordance with
regulations of law on environmental protection and inspection;
c) In case the individual
or organization has completed the remediation of consequences of the
environmental protection offence, the competent authority specified in point a
of this clause shall, within 05 working days from the end of the remediation
inspection (except for cases where inspection, measurement and analysis of
environmental samples by third parties are necessary), give a conclusion on the
remediation inspection and at the same time request the responsible authorities
specified in points a, b and c clause 2 Article 69 of this Decree to remove the
seals (if any) so as for the individual or organization to resume their
operation;
d) In cases where the
organization or individual has yet to complete the remediation of consequences
of the environmental protection offence, they shall continue the remediation
provided that the time limit for remediation written on the penalty imposition
decision is not exceeded; if the time limit is not long enough to carry out the
remediation, such organization or individual shall request the competent
authority specified in point a of this clause to consider extending it but not
exceeding 24 months; if the violator does not carry out the remediation on
purpose, they shall be compelled to implement remedial measures in accordance
with regulations of law.
3. If the business establishment or dedicated area for
production, business and service provision is granted the environment license
by multiple licensing authorities, the authority having the power to inspect
the remediation is the superior authority which issued the environmental
license. Where necessary, superior authority shall assign an inferior authority
to conduct the remediation inspection.
4. For administrative offences subject to remedial measures
applied in the form of mandatory preparation of EIARs, environmental
registration and preparation of application for issuance of environmental
license, procedures for inspection and confirmation that the consequences of
offences have been completely remedied with regard to individuals and
organizations shall be integrated into the processes of appraisal and approval
of EIARs, receipt of application and issuance of environmental license by
competent authorities. Results of processing of these administrative procedures
shall replace remediation conclusions as provided in this Article.
Article 71.
Regulations on offence notices and power to make notices and decisions on
imposition of penalties for administrative environmental protection offences
1. Administrative
environmental protection offence notices shall be subject to regulations of Law
on Penalties for Administrative Violations.
2. The following persons
have the power to make administrative environmental protection offence notices:
a) Persons in the
performance of their duty who have power to impose penalties for administrative
environmental protection offences;
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c) Officials and persons
working for the People's Army and People's Public Security Forces who are
performing environmental protection tasks of sectors under their management
affiliated to Ministries and ministerial agencies;
d) Officials of communes,
wards and commune-level towns who are performing environmental protection tasks
within their communes, wards and commune-level towns;
dd) Public order officers
who are performing environmental protection tasks in urban areas, apartment
buildings, commercial, service or public areas;
e) Officials of forest
management boards, management boards of national parks, wildlife sanctuaries
and biosphere reserves who are performing environmental protection tasks.
3. Forms of notices and
decisions used in imposition of penalties for administrative environmental
protection offences shall comply with regulations of the Decree elaborating
some Articles of Law on Penalties for Administrative Violations.
4. Persons having power to impose penalties for
administrative offences may impose administrative penalties without needing to
making offence notices in case of commission of the offences prescribed in
Articles 25, 45, 46, 49, 50, 52 and 53 or may impose fines of up to VND 250,000
on perpetrating individuals or VND 500,000 on perpetrating organizations in
case of commission of the offences prescribed in points a and b clause 2
Article 25 of this Decree; except the administrative offences discovered by
using technical devices and equipment.
Article 72. Disclosure
of information about administrative environmental protection offences
Information about
individuals and organizations committing administrative environmental
protection offences leading to serious consequences or adversely affecting
public opinion shall be disclosed in the following cases:
1. Individuals and
organizations whose environmental licenses have been suspended.
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3. Business
establishments subject to remedial measures applied in the form of mandatory
relocation for assurance of consistency with the planning, environmental zoning
and environmental carrying capacity approved by a competent authority as
prescribed.
4. Individuals and
organizations incurring penalties in the cases specified in point g clause 2,
clause 5 and clause 7 of Article 32; point g clause 2 and clause 4 of Article
33.
5. Other cases decided by
persons having power to impose penalties for administrative offences as
prescribed by law.
Article 73.
Enforcement of penalty imposition decisions; responsibility for organizing
implementation of decisions to enforce application of additional penalty in the
form of operation suspension or enforce application of remedial measure in the
form of mandatory relocation of projects and business establishments for
assurance of consistency with the planning, environmental zoning and
environmental carrying capacity approved by a competent authority as prescribed
1. Enforcement measures,
power, contents, procedures and organization of enforcement of implementation
of decisions on imposition of penalties for administrative environmental
protection offences shall comply with regulations of law on penalties for
administrative violations.
2. Responsibility for
organizing implementation of decisions to enforce application of additional
penaltiy in the form of operation suspension or enforce application of remedial
measure in the form of mandatory relocation of projects and business
establishments for assurance of consistency with the planning, environmental
zoning and environmental carrying capacity approved by a competent authority as
prescribed:
a) Chairperson of the
provincial People’s Committee shall direct the implementation of decisions to
enforce application of additional penalty in the form of operation suspension
or enforce application of remedial measure in the form of mandatory relocation
of projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed;
Management Boards of
economic zones, industrial parks, export processing zones and high-tech zones
shall preside over and cooperate with provincial Departments of Natural
Resources and Environment, People's Public Security at all levels, People’s
Committees of communes where organizations and individuals commit offences and
relevant authorities in organizing the implementation of decisions to enforce
application of additional penalty in the form of operation suspension or
enforce application of remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed in cases where the organizations and
individuals commit the offences within areas of the Management Boards of
economic zones, industrial zones, export processing zones and high-tech zones;
Provincial Departments of
Natural Resources and Environment shall preside over and cooperate with
People's Public Security at all levels, People’s Committees of districts where
organizations and individuals commit offences and relevant authorities in
organizing the implementation of decisions to enforce application of additional
penalty in the form of operation suspension or enforce application of remedial
measure in the form of mandatory relocation of projects and business
establishments for assurance of consistency with the planning, environmental
zoning and environmental carrying capacity approved by a competent authority as
prescribed in cases where the organizations and individuals do not commit the
offences within areas of the Management Boards of economic zones, industrial
zones, export processing zones and high-tech zones and commit the offences
within at least 02 districts;
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b) People’s Committees of
districts where business establishments which are enforced to incur an
additional penalty in the form of operation suspension or be subject to a
remedial measure in the form of mandatory relocation of projects and business
establishments for assurance of consistency with the planning, environmental
zoning and environmental carrying capacity approved by a competent authority as
prescribed shall direct relevant authorities to cooperate in enforcing
operation suspension and relocation of projects and business establishments as
prescribed;
c)
People’s Public Security at all levels concerned shall assume responsibility to
ensure the public order and security during the implementation of enforcement
measures, assign personnel to prevent acts causing disruption or opposing law
enforcers during the implementation of decisions to enforce application of
additional penalty in the form of operation suspension or enforce application
of remedial measure in the form of mandatory relocation of projects and
business establishments for assurance of consistency with the planning,
environmental zoning and environmental carrying capacity approved by a
competent authority as prescribed upon request.
Article 74.
Responsibilities of individuals and organizations concerned for implementation
of decisions to enforce application of additional penalty in the form of
operation suspension or enforce application of remedial measure in the form of
mandatory relocation of projects and business establishments for assurance of
consistency with the planning, environmental zoning and environmental carrying
capacity approved by a competent authority as prescribed
1. Any individual or
organization related to the entity that is enforced to implement the decision
to enforce application of additional penalty in the form of operation
suspension or enforce application of remedial measure in the form of mandatory
relocation of project or business establishment for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed shall cooperate in enforcing
application of additional penalty in the form of operation suspension or
enforcing application of remedial measure in the form of mandatory relocation
upon request.
2. State Treasuries,
commercial banks and other credit institutions shall implement measures to
freeze deposit accounts from the date of enforcement specified in the decision
to enforce application of additional penalty in the form of operation
suspension or enforce application of remedial measure in the form of mandatory
relocation of projects and business establishments for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed.
Article 75.
Responsibilities of ministries and central authorities for application of
additional penalty in the form of operation suspension or enforced application
of remedial measure in the form of mandatory relocation of projects and
business establishments for assurance of consistency with the planning,
environmental zoning and environmental carrying capacity approved by a
competent authority as prescribed
The Minister of Natural
Resources and Environment, Ministers and heads of ministerial agencies shall,
within their jurisdiction, cooperate with Chairpersons of People’s Committees
of provinces and central-affiliated cities in implementing decisions to enforce
application of additional penalty in the form of operation suspension or
enforce application of remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed.
Chapter IV
IMPLEMENTATION CLAUSE
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1. Regulations of the
Government’s Decree No. 155/2016/ND-CP dated November 18, 2016 and Decree No.
55/2021/ND-CP May 24, 2021 shall apply to the administrative environmental
protection offences which have been committed before the effective date of this
Decree but are detected or being considered when this Decree takes effect if
this Decree does not provide for legal liability or impose less serious legal
liability.
2. The decision and
report on environmental impact assessment approved as prescribed by law are
equivalent to the decision to approve EIAR appraisal result when considering
and determining offences as prescribed in this Decree.
3. The competent
environmental license issued as prescribed by law is equivalent to the
environmental license when considering and determining offences as prescribed
in this Decree.
4. The environmental
protection plan certified as prescribed by law is equivalent to the following
documents when considering and determining offences as prescribed in this
Decree:
a) The environmental
license issued by the provincial People’s Committee if the environmental
protection plan is certified by the provincial specialized environmental
protection authority;
b) The environmental
license issued by the district-level People’s Committee if the environmental
protection plan is certified by the district-level People’s Committee.
5. The environmental
protection deposit payment scheme, environmental improvement and remediation
scheme; environmental improvement and remediation project; environmental
improvement and remediation plan supplemented as prescribed by law are
equivalent to the environmental improvement and remediation plan when
considering and determining offences as prescribed in this Decree.
Article 77. Effect
1. This Decree comes into
force from August 25, 2022.
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Article 78.
Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities are responsible for the
implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh
APPENDIX
LIST OF HAZARDOUS ENVIRONMENTAL PARAMETERS IN WASTE
(Enclosed with the Government’s Decree No. 45/2022/ND-CP dated July 07,
2022)
I. HAZARDOUS ENVIRONMENTAL PARAMETERS IN WATER AND
WASTEWATER
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Hazardous compounds
Chemical formula
A
Hazardous inorganic
compounds
Group of heavy metals
and their inorganic compounds (expressed as metal elements)
1
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As
2
Cadmium
Cd
3
Lead
Pb
4
Zinc
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5
Nickel
Ni
6
Mercury
Hg
7
Chromium VI
Cr
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Other inorganic
compounds
8
Fluoride, except for
calcium fluoride
F-
9
Cyanide/Total Cyanide
CN-
B
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1
Total phenol
2
PCB
3
Dioxin
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4
Mineral oil
5
Organochlorine
pesticides
6
Organophosphorus
pesticides
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Absorbable organic
halides (AOX)
II. HAZARDOUS
ENVIRONMENTAL PARAMETERS IN AIR AND EMISSIONS
No.
Hazardous environmental parameters
Chemical formula
A
Inorganic compounds
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Arsenic and its
compounds, expressed as As
As
2
Hydrochloric acid
HCl
3
Gaseous HNO3
(other sources), expressed as NO2
HNO3
4
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H2SO4
5
Silica dust
6
Cadmium and its
compounds, expressed as Cd
Cd
7
Chlorine
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8
Fluorine, HF or
inorganic fluorine compounds, expressed as HF
9
Mercury (metal and its
compounds, expressed as Hg)
Hg
10
Hydrogen cyanide
HCN
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Lead and its compounds,
expressed as Pb
Pb
12
Total heavy metals and
their compounds
B
Organic compounds
1
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CH3CHO
2
Acrolein
CH2=CHCHO
3
Aniline
C6H5NH2
4
Benzidine
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5
Benzene
C6H6
6
Chloroform
CHCl3
7
Formaldehyde
HCHO
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Naphtalene
C10H8
9
Phenol
C6H5OH
10
Tetrachloroethylene
C2Cl4
11
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ClCH=CH2
12
Methyl mercaptan
CH3SH
13
Styrene
C6H5CH=CH2
14
Toluene
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15
Xylene
C6H4(CH3)2
16
Total dioxins/furans