THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
155/2016/ND-CP
|
Hanoi, November
18, 2016
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON ENVIRONMENTAL PROTECTION
Pursuant to the Law on the Organization of the
Government dated June 19, 2015;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on environmental protection
dated June 23, 2014;
Pursuant to the Law on biodiversity dated
November 13, 2008;
Pursuant to the Law on environmental police
forces dated December 23, 2014;
At the request of Minister of Natural Resources
and Environment;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures against administrative violations, the power to make
administrative violation notices and the power to impose penalties against
administrative violations; responsibilities and mechanism for cooperation in
inspecting and imposing penalties against administrative violations against
regulations on environmental protection.
2. The administrative violations against
regulations on environmental protection prescribed in this Decree consist of:
a) Violations against regulations on environmental
protection plans, environmental impact assessment (hereinafter referred to as
“EIA”) and environmental protection schemes;
b) Acts of violation causing environmental
pollution;
c) Violations against regulations on waste
management;
d) Violations against regulations on environmental
protection committed by production, business and service establishments
(hereinafter referred to as business establishments) and industrial parks,
export processing zones, high-tech parks, industrial complexes and
concentrations of businesses and service providers (hereinafter referred to as
concentrations of producers, businesses and service providers);
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e) Violations against regulations on prevention and
control of environmental pollution and degradation, and environmental
emergencies;
g) Administrative violations related to
biodiversity, including: Conservation and sustainable development of natural
ecosystems; conservation and sustainable development of living resources;
conservation and sustainable development of genetic resources;
h) Acts causing obstruction of state management,
inspection and imposition of penalties for administrative violations and other
acts of violation against regulations on environmental protection as provided
for in Chapter II herein.
3. Other administrative violations against
regulations on environmental protection which are not prescribed in this Decree
shall be governed by other relevant Government's decrees on penalties for
administrative violations against regulations on state management.
Article 2. Regulated entities
1. Any domestic and foreign organizational and
individual entities (hereinafter referred to as organizational/individual
entities) committing administrative violations against regulations on
environmental protection in the territory, the contiguous zones, the exclusive
economic zone and the continental shelf of the Socialist Republic of Vietnam
shall incur penalties as regulated in this Decree or relevant decrees.
2. Penalties incurred by family/household businesses
committing violations against regulations herein shall be the same with those
incurred by individual entities.
Article 3. Interpretation of
terms
In this document, these terms are construed as
follows:
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2. Discharge of dust and emission into the
environment refers to the generation of dust and emission into the air environment
by organizational/individual entities.
3. Hazardous environmental parameters in wastewater
refer to the environmental parameters specified in the national technical
regulation on hazardous waste thresholds with details stated in Section I of the
Annex I enclosed herein.
4. Hazardous environmental parameters in emission
and air environment refer to the environmental parameters specified in the
national technical regulation on hazardous substances in ambient air thresholds
with details stated in Section II of the Annex I enclosed herein.
5. Non-hazardous environmental parameters refer to
the environmental parameters specified in the national technical regulation on
waste and surrounding environment, except for the environmental parameters
specified in Clause 3 and Clause 4 of this Article.
6. Illegal exploitation of living resources refers
to the acts of hunting, fishing, trapping, picking, gathering and keeping
aiming to take living resources (including animals, plants, fungi and
microorganisms), parts or derivatives of animals and/or plants without the
permission of competent state agencies or in excess of the permitted quantity
in the exploitation license issued by competent state agencies.
7. Environmental protection plan includes the
declaration on production activities that cause impacts on the environment, the
registration of satisfaction of environmental standards, the environmental
protection commitment and the environmental protection plan;
8. EIA report includes the preliminary EIA report,
the detailed EIA report, the EIA report made by the operating business
establishment, the additional EIA report and the EIA report.
9. Environmental improvement and restoration plans
include the scheme for deposit for environmental improvement and restoration,
the environmental improvement and restoration project, the additional
environmental improvement and restoration plan and the environmental
improvement and restoration plan.
10. Certification of completion of environmental
protection works includes certificate of compliance with contents of the EIA
report and contents of decision on giving approval for the EIA report before
the project is put into official operation, certificate of implementation of
environmental protection works/measures to serve the project’s operation,
certificate of execution of one of work items of the investment project in case
of investment phasing before the project is put into official operation and
certificate of completion of environmental protection works.
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12. Licenses for treatment of hazardous waste
include License for transport of hazardous waste, License for treatment and
destruction of hazardous waste, License for management of hazardous waste and
License for treatment of hazardous waste.
13. Certificate of eligibility for environmental
protection in import of scrap for use as production materials includes
certificate of eligibility for import of scrap and certificate of eligibility
for environmental protection in import of scrap for use as production
materials.
Article 4. Penalties, fines and
remedial measures against administrative violations against regulations on
environmental protection
1. Penalties and fines:
Any organizational/individual entities that commit
administrative violations against regulations on environmental protection shall
be liable to any of the following principal penalties:
a) A warning;
b) The maximum fine for a violation against
regulations on environmental protection 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) Impose fixed-term suspension of License for
treatment of hazardous waste, License for discharge of industrial emissions,
Certificate of eligibility for environmental protection in import of scrap for
use as production materials, License to transport dangerous goods being toxic
or infectious substances, Certificate of marketing authorization of biological
products for waste treatment in Vietnam, Certificate of eligibility for
provision of environmental monitoring service, License for extraction of
endangered, precious and rare species prioritized protection, Certificate of
biodiversity conservation institution, License for rearing and development of
alien species, License for access to genetic resources, License for genetically
modified organism testing, License to import genetically modified organism,
Biosafety certificate, License for exchange, purchase, sale, donation or hiring
of specimen of wild species in the list of endangered, precious and rare
species prioritized protection, Certificate of genetically modified organisms
qualified for use as foods, Certificate of genetically modified organisms
qualified for use as animal feed (hereinafter referred to as environmental
licenses) or suspend environmental activities 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 violation;
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3. Apart from penalties prescribed in Clause 1 and
Clause 2 of this Article, organizational/ individual entities that commit
administrative violations against regulations on environmental protection may
be liable to one or some remedial measures mentioned below:
a) Enforce the restoration or remediation of
environment which is polluted by administrative violations; enforce the
planting, caring and protection of injured or destroyed sanctuary area,
restoration of initial biotope for animals and plants, and confiscation of
genetic resources illegally accessed;
b) Enforce the dismantlement or relocation of
plants, works, or work item in violation of regulations on environmental
protection; enforce the dismantlement of works, breeding farms, aquaculture
zones, houses or tents which are illegally built in the sanctuary;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof as
regulated;
d) Enforce the transport to outside the territory
of the Socialist Republic of Vietnam or re-export of goods, machinery,
materials, fuels, scraps, articles, biopreparations and means imported or
transported into Vietnam inconsistently with regulations on environmental
protection or causing environmental pollution; enforce the transport to outside
the territory of the Socialist Republic of Vietnam or re-export of goods,
articles or means containing invasive alien species, genetically modified
organisms or their genetic specimens;
dd) Enforce the destruction of goods, machinery,
materials, fuels, raw materials, scraps, articles, biopreparations and means
imported or transported into Vietnam inconsistently with regulations on
environmental protection or causing harm to the human health, domestic animals
and the environment; enforce the destruction of invasive alien species,
genetically modified organisms or their genetic specimens for which the License
for genetically modified organism testing or biosafety certificate is not
granted; enforce the recall and destruction of biopreparations manufactured,
sold and used illegally. Confiscate and handle valuable products upon the
destruction in accordance with the law;
e) Enforce the correction of information which is
untrue or causes misleading on the environment status of business
establishments and concentrations of producers, businesses and service providers;
g) Enforce the recall and treatment of discarded
products or products whose useful life has expired as regulated; enforce the
seizure of results of illegal access to genetic resources;
h) Enforce the transfer of illegal benefits
obtained from the administrative violations or enforce the transfer of the
amounts equivalent to the value of the exhibits and/or instrumentalities of
administrative violations which have been sold, liquidated, hidden or destroyed
inconsistently with the law;
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k) Enforce the construction of environmental protection
works as regulated; enforce the proper operation of the environmental
protection works as regulated;
l) Enforce the moving out of banned zones; strict
compliance with regulations on safe distance to protect the environment for
residential areas;
m) Collect the arrears of environmental protection
charges as regulated; enforce the payment of costs of conducting inspection,
assessment, measurement and analysis of environmental samples (for all
environmental parameters of environmental samples in excess of the permissible
limits prescribed in technical regulations) in case the volume of waste
discharged exceeds the permissible limits prescribed in technical regulations
or causes the environmental pollution according to current norms and prices;
enforce the compensation for damage by acts causing environmental pollution in
accordance with law regulations;
n) Enforce the relocation of the business
establishment causing serious environmental pollution to a location in
conformity with the planning and the environment's carrying capacity.
Article 5. Fines and power to
impose penalties
1. Fines for administrative violations prescribed
in Chapter II herein are imposed on individuals; the fine incurred by an
organization is twice as much as that incurred by an individual for the same
administrative violation.
2. The penalties imposed by the persons who have
the power to impose penalties for administrative violations as prescribed in
Article 48-51 herein are incurred by individuals; a person who has the power to
impose penalties may give a fine twice that given to an individual to an
organization for the same violation.
If the aggravating penalties are imposed for
environmental parameters in excess of the permissible limits prescribed in the
technical regulations for the same waste sample, the violation of the highest
fine of that waste sample shall be selected for imposing penalties.
Article 6. Application of
technical regulations on environment and use of environmental parameters for
determination of administrative violations against regulations on environmental
protection and severity thereof
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2. If a parameter exceeds the permissible limit
prescribed in the environmental technical regulation, the exceeding times shall
be the highest value calculated by dividing the value collected by professional
means and equipment, and from results of inspection, assessment, monitoring,
measurement and analysis of certain environmental parameters of waste samples
and/or surrounding 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 Article 13 and Article 14 herein) or the discharge
of dust and emission (as prescribed in Article 15 and Article 16 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 non-hazardous environmental parameters, and germs of
various kinds in excess of the permissible limits prescribed in technical
regulations or the pH value exceeds the permissible limits prescribed in the
technical regulations, the penalty shall be imposed for the environmental
parameter respectively with the violation upon which the highest fine is
imposed of the wastewater or dust/ gas sample.
The fine for each of remaining environmental
parameters in excess of the permissible limits prescribed in the technical
regulations of the same waste sample shall be increased by 10 – 50% provided
that the sum of fines for each violation shall not exceed the prescribed
maximum fine.
In case a business establishment or a concentration
of producers, businesses and service providers 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.
Article 7. Application of
technical means and equipment to the discovery and imposition of penalties for
administrative violations against regulations on environmental protection
1. The application of technical means and equipment
to the discovery of administrative violations against regulations on
environmental protection is provided for as follows:
a) The agencies and/or persons that have the power
to impose penalties for administrative violations have the right to employ
technical means and equipment in accordance with regulations in the
Government’s Decree No. 165/2013/ND-CP dated November 12, 2013 providing for
the management, use and list of technical means and equipment used to discover
administrative violations against regulations on public order, traffic safety
and environmental protection.
b) 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 violations.
2. The agencies and/or persons that have the power
to impose penalties for administrative violations may use results of
inspection, assessment, measurement and analysis of environmental samples as
the basis for imposing penalties for administrative violations against
regulations on environmental protection. To be specific:
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b) Results provided by environmental inspection,
assessment and/or monitoring organizations that are established by competent
state agencies, qualified and designated by competent agencies in accordance
with specialized sector regulations;
c) Results obtained from the continuous and
automatic monitoring system of wastewater/emission of an organization or
individual and verified or calibrated by a competent agency in accordance with
laws in case the continuous and automatic monitoring system must be installed
and data obtained from that system must be directly transmitted to the
Department of Natural Resource and Environment for inspection; if that
organization or individual has received warning from competent state agency but
still repeats the violation, the said results must be compared with the maximum
permissible values of environmental parameters prescribed in current technical
regulations for determining administrative violations committed by that organization
or individual.
3. In case where a competent agency detected
administrative violations through use of technical means and equipment to
record images, the infringing individual/ organization is liable to cooperate
with the competent agency to define objects and violations against regulations
on environmental protection.
Chapter II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON ENVIRONMENTAL PROTECTION, PENALTIES, FINES
AND REMEDIAL MEASURES
Article 8. Violations against
regulations on implementation of environmental protection plan
1. Penalties for violations against regulations on
implementation of the environmental protection plan which are verified by the
District-level People’s Committee and in such cases, business registration
certificates are issued by the District-level People’s Committees or the
District-level Business Registration Office:
a) A warning shall be issued for improperly
implementing any of contents of the environmental protection plan which has
been certified by the competent state agency, except for environmental
supervision, acts done to improve the environment upon the approval by
competent agencies and violations prescribed in point c of this clause;
b) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failing to implement any of contents of the environmental
protection plan which has been certified by the competent state agency, except
for the environmental supervision and violations prescribed in point d of this
clause;
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d) A fine ranging from VND 1,500,000 to VND
2,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
2. Penalties for violations against regulations on
implementation of environmental protection plans which are verified by the
District-level People’s Committees and are not the cases mentioned in clause 1
of this Article:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for improperly implementing any of contents of the
environmental protection plan which has been certified by the competent state
agency, except for the environmental supervision, acts done to improve the
environment upon the approval by competent agencies and the violations
prescribed in point c of this clause;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to implement any of contents of the
environmental protection plan which has been certified by the competent state
agency, except for the environmental supervision and the violations prescribed
in point d of this clause;
c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for building or installing equipment or pipes or
other discharging systems to discharge untreated waste to the environment;
failing to operate according to the schedule or improperly operating the
environmental protection works as regulated;
d) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
3. Penalties for violations against regulations on
implementation of environmental protection plans which are verified by the
Departments of Natural Resources and Environment:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for improperly implementing any of contents of the
environmental protection plan which has been certified by the competent state
agency, except for the environmental supervision, acts done to improve the
environment upon the approval by competent agencies and the violations
prescribed in point c of this clause;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failing to implement any of contents of the
environmental protection plan which has been certified by the competent state
agency, except for the environmental supervision and the violations prescribed
in point d of this clause;
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d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
4. Penalties for violations against regulations on
implementation of the registration of satisfaction of environmental standards
which are verified by ministries or ministerial-level agencies:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for improperly implementing any of contents of the
registration of satisfaction of environmental standards which has been
certified by the competent state agency, except for the environmental
supervision, acts done to improve the environment upon the approval by
competent agencies and the violations prescribed in point c of this clause;
b) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for failing to implement any of contents of the
registration of satisfaction of environmental standards which has been
certified by the competent state agency, except for the environmental
supervision and the violations prescribed in point d of this clause;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for building or installing equipment or pipes or
other discharging systems to discharge untreated waste to the environment;
failing to operate according to the schedule or improperly operating the
environmental protection works as regulated;
d) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
5. Additional penalties:
a) Suspend the establishment’s activities causing the
environmental pollution for 01- 03 months if the violation prescribed in Point
d Clause 2 of this Article is committed;
b) Suspend the establishment’s activities causing
the environmental pollution for 03- 06 months if the violation prescribed in
Point d Clause 3 of this Article is committed;
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6. Remedial measures:
a) Enforce the proper operation of the
environmental protection works or enforce the dismantlement of the
environmental protection work which has been built inconsistently with
regulations resulting in the environmental pollution if any of the violations
prescribed in Point c Clause 1, Point c Clause 2, Point c Clause 3 and Point c
Clause 4 of this Article is committed;
b) Enforce the construction of the environmental
protection works in conformity with technical regulations within the period
regulated by the person who has the power to impose penalties and specified in
the decision on imposition of penalties for administrative violations if any of
the violations prescribed in Point d Clause 1, Point d Clause 2, Point d Clause
3 and Point d Clause 4 of this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 9. Violations against
regulations on EIA report and provision of EIA report consulting service
1. Penalties for violations against regulations on
EIA reports which are approved by the Provincial-level People’s Committees,
ministries or ministerial-level agencies, except for the cases prescribed in
Clause 2 of this Article:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failing to send the environmental management
plan to the Commune-level People’s Committee where consultations have been held
during the process of EIA for posting in the public prior to the commencement
of the construction project;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for improperly or insufficiently preparing any of
the contents of the environmental management plan of the project as regulated;
failing to update and send the updated environmental management plan to the
Commune-level People’s Committee in case there is change in the environmental
management and supervision program in course of execution of the project;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failing to set up the environmental management
plan and send reports to the competent agency or the agency giving approval for
the EIA report as regulated;
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dd) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to send timely report to the agency
giving approval for the EIA report and the provincial-level environment agency
for providing instructions to respond to the environmental pollution and/or
environmental emergencies during the trial operation of the waste treatment
works in accordance with regulations;
e) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for improperly implementing any of contents of the
EIA report and decision on approval for the EIA report or Certificate of
completion of the environmental protection works serving the project’s
operation (either a part of or the entire project) as regulated, except for the
environmental supervision, acts done to improve the environment upon the
approval by competent agencies and the cases prescribed in point b and point i
of this clause;
g) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to implement any of contents of the EIA
report and decision on approval for the EIA report or Certificate of completion
of the environmental protection works serving the project’s operation (either a
part of or the entire project) as regulated, except for the environmental
supervision and the cases prescribed in points a, c, d, dd and m of this
clause;
h) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for failing to prepare, submit for approval and
implement the reservoir clean-up plan or filling up a reservoir before
obtaining approval from the agency giving approval for the EIA report in case
where the project includes the construction of irrigation or hydropower
reservoir;
i) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for building or installing equipment, pipes or
other discharging systems to discharge untreated waste to the environment;
failing to operate according to the schedule or improperly operating the
environmental protection works; failing to perform the trial operation of the
waste treatment works at the same time with the trial operation of the project;
k) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to stop the trial operation of the
waste treatment works and timely report to the competent state agency for
providing instructions to respond to the environmental pollution and/or
environmental emergencies; failing to implement remedies of environmental
pollution and compensate for damage in accordance with the law; having
performed the trial operation of the waste treatment works for more than 06
months but failing to obtain approval from the agency giving approval for the
EIA report;
l) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for failing to prepare and send the report on the
environmental protection works serving the project’s operation (either a part
of or the entire project) to the agency giving approval for the EIA report as
regulated;
m) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failing to build the environmental protection
works as regulated, except for the cases prescribed in Point 3 Clause 3 Article
12 and Point k Clause 4 Article 12 herein;
n) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failing to obtain the Certificate of
completion of the environmental protection works serving the project’s
operation (either a part of or the entire project) as regulated;
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2. Penalties for violations against regulations on
implementation of EIA reports which are approved by the Ministry of Natural
Resources and Environment:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to send the environmental management
plan to the Commune-level People’s Committee where consultations have been held
during the process of EIA for posting in the public prior to the commencement
of the construction project;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for improperly or insufficiently preparing any of
the contents of the environmental management plan of the project as regulated;
failing to update and send the updated environmental management plan to the
Commune-level People’s Committee in case there is change in the environmental
management and supervision program in course of execution of the project;
c) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for failing to set up the environmental management
plan and send reports to the competent agency or the agency giving approval for
the EIA report as regulated;
d) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to send written notice to the
organizations where consultations have been held or the agency giving approval
for the EIA report on the plan on trial operation of the waste treatment works
to serve the project’s operation (either a part of or the entire project) at
least 10 days before the trial operation of the waste treatment works as of the
receipt of the written notice thereof by the said organizations or agency;
dd) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to send timely report to the agency
giving approval for the EIA report and the provincial-level environment agency
for providing instructions to respond to the environmental pollution and/or
environmental emergencies during the trial operation of the waste treatment
works as regulated;
e) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for improperly implementing any of contents of the
approved EIA report and requirements in the decision on approval for the EIA
report or Certificate of completion of the environmental protection works
serving the project’s operation (either a part of or the entire project) as
regulated, except for the environmental supervision, acts done to improve the
environment upon the approval by competent agencies and the cases prescribed in
point b and point i of this clause;
g) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for failing to implement any of contents of the EIA
report and requirements in the decision on approval for the EIA report or
Certificate of completion of the environmental protection works serving the
project’s operation (either a part of or the entire project) as regulated,
except for the environmental supervision and the cases prescribed in points a,
c, d, dd, m and n of this clause;
h) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for failing to cooperate with competent environment
agencies in inspecting the implementation of the environmental management plan
and works/measures for protecting the environment, preventing and responding to
the environmental emergencies;
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k) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for failing to stop the trial operation of the
waste treatment works and timely report to the competent state agency for
providing instructions to respond to the environmental pollution and/or
environmental emergencies; failing to implement remedies of environmental
pollution and compensate for damage in accordance with the law; having
performed the trial operation of the waste treatment works for more than 06
months but failing to obtain approval from the agency giving approval for the
EIA report;
l) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failing to prepare and send the report on the
environmental protection works serving the project’s operation (either a part
of or the entire project) to the agency giving approval for the EIA report as
regulated;
m) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failing to build the environmental protection
works as regulated, except for the cases prescribed in Point e Clause 3 Article
12 and Point k Clause 4 Article 12 herein;
n) A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for failing to obtain the Certificate of
completion of the environmental protection works serving the project’s
operation (either a part of or the entire project) as regulated;
o) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for failing to make the project's EIA reports as regulated.
3. Violations against regulations on provision of
EIA report consulting service to the project’s main investor:
a) A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for failing to have officers possessing bachelor’s degree or
higher in specialties related to the project as regulated; failing to have
officers possessing bachelor's degree or higher and Certificate of EIA
consultancy as regulated;
b) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failing to equip material – technical
facilities and specialized devices for measuring, sampling, processing and
analyzing environmental samples in conformity with technical requirements as
regulated;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for providing the project-related untrue
information and data in the EIA report; reporting untrue information about the
environmental status at the project location and vicinities;
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dd) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for providing EIA report consulting service in
violation of regulations in this clause resulting in environmental pollution
consequences.
4. Additional penalties:
a) Suspend the establishment’s activities for 03-
06 months for completing the remediation if any of the violations prescribed in
Points i, l, m, n and o Clause 1 and Points i, l, m, n and o Clause 2 of this
Article is committed;
b) Suspend the provision of the EIA report
consulting service for 03- 06 months if any of the violations prescribed in
Clause 3 of this Article is committed.
5. Remedial measures:
a) Enforce the proper operation of the
environmental protection works, enforce the dismantlement of the environmental
protection work which has been built inconsistently with regulations on
environmental protection resulting in the environmental pollution if any of the
violations prescribed in Point i Clause 1, Point i Clause 2 of this Article is
committed;
b) Enforce the construction and operation of the
environmental protection works, and submission of report thereof to the agency
giving approval for the environmental impact assessment report for inspecting
and granting Certificate of completion of the environmental protection works
within the period regulated by the person who has the power to impose penalties
and specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in Points l, m, n and o Clause
1, Points l, m, n and o Clause 2 of this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 10. Violations against
regulations on implementation of environmental protection schemes
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a) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for improperly implementing any of contents of the certified
environmental protection scheme, except for the environmental supervision, acts
done to improve the environment upon the approval by competent agencies and the
cases prescribed in point c of this clause;
b) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failing to implement any of contents of the
certified environmental protection scheme, except for the environmental
supervision and the cases prescribed in point d of this clause;
c) A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for building or installing equipment, pipes or other
discharging systems to discharge untreated waste to the environment; failing to
operate according to the schedule or improperly operating the environmental
protection works;
d) A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
2. Penalties for violations against regulations on
implementation of environmental protection schemes which are certified by the
Offices of Natural Resources & Environment, the District-level People’s
Committees or the Departments of Natural Resources & Environment and are
not the cases prescribed in Clause 1 of this Article:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for improperly implementing any of contents of the
certified environmental protection scheme, except for the environmental
supervision, acts done to improve the environment upon the approval by
competent agencies and the cases prescribed in point c of this clause;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to implement any of contents of the
certified environmental protection scheme, except for the environmental
supervision and the violation prescribed in point d of this clause;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for building or installing equipment, pipes or
other discharging systems to discharge untreated waste to the environment;
failing to operate according to the schedule or improperly operating the
environmental protection works;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to build the environmental protection
works as regulated.
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a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to send written reports to the agency
giving approval for the environmental protection scheme of the implementation
progress and the completion of the environmental protection works according to
the approved environmental protection scheme;
b) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for improperly implementing any of contents of the
approved environmental protection scheme, except for the environmental
supervision, acts done to improve the environment upon the approval by
competent agencies and the violation prescribed in point dd of this clause;
c) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failing to implement any of contents of the approved
environmental protection scheme, except for the environmental supervision and
the violations prescribed in points a, c and e of this clause;
d) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for building or installing equipment, pipes or
other discharging systems to discharge untreated waste to the environment;
failing to operate according to the schedule or improperly operating the
environmental protection works;
dd) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to build the environmental protection
works as regulated, except for the cases prescribed in Point e Clause 3 Article
12 and Point k Clause 4 Article 12 herein.
4. Penalties for violations against regulations on
implementation of environmental protection schemes which are approved by the
Ministry of Natural Resources and Environment:
a) A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for failing to send written reports to the agency giving
approval for the environmental protection scheme of the implementation progress
and the completion of the environmental protection works according to the
approved environmental protection scheme;
b) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for improperly implementing any of contents of the
approved environmental protection scheme, except for the environmental
supervision, acts done to improve the environment upon the approval by
competent agencies and the violation prescribed in point c of this clause;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for failing to implement any of contents of the
approved environmental protection scheme, except for the environmental
supervision and the violations prescribed in points a and dd of this clause;
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dd) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to build the environmental protection
works as regulated, except for the cases prescribed in Point e Clause 3 Article
12 and Point k Clause 4 Article 12 herein.
5. Additional penalties:
a) Suspend the establishment’s activities causing
the environmental pollution for 01- 03 months if any of the violations
prescribed in Point d Clause 2 of this Article is committed;
b) Suspend the establishment’s activities causing
the environmental pollution for 03- 06 months if any of the violations
prescribed in Point dd Clause 3 and Point dd Clause 4 of this Article is
committed.
6. Remedial measures:
a) Enforce the proper operation of the
environmental protection works if any of the violations prescribed in Point c
Clause 2, Point d Clause 3, and Point d Clause 4 of this Article is committed;
b) Enforce the construction of the environmental
protection works within the period regulated by the person who has the power to
impose penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in Point d Clause
2, Point dd Clause 3 and Point dd Clause 4 of this Article is committed;
c) Enforce the dismantlement of the environmental
protection work which has been built inconsistently with the contents of the
certified or approved environmental protection scheme and in violation of
regulations on environmental protection or resulting in the environmental
pollution if any of the violations prescribed in Point c Clause 2, Point d
Clause 3 and Point d Clause 4 of this Article is committed;
d) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
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1. Penalties for violations in production, business
and service activities of a scale and capacity requiring the formulation of the
environmental protection plan which must be certified by the District-level
People’s Committee, and the business registration certificate for such
activities is granted by the District-level People’s Committee or the
District-level Business Registration Office:
a) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failing to implement remedies for the environmental
pollution caused by such production, business and service activities;
b) A fine ranging from VND 1,000,000 to VND
1,500,000 shall be imposed for failing to build the wastewater collection
system separately from the rainwater collection system; failing to equip
sufficient means and equipment for collecting, storing and classifying solid
waste at source; discharging noxious gases to the environment; failing to
implement measures for reducing noise and vibration, heat and light radiation
that cause adverse impacts on the environment and employees; building or
installing equipment, pipes or other discharging systems to discharge untreated
waste to the environment; failing to operate according to the schedule or
improperly operating the environmental protection works;
c) A fine ranging from VND 1,500,000 to VND
2,000,000 shall be imposed for failing to build wastewater, dust and emission
treatment systems in conformity with technical regulations;
d) A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for failing to have the environmental protection
plan certified as regulated.
2. Penalties for violations in production, business
and service activities of a scale and capacity requiring the formulation of the
environmental protection plan which must be certified by the District-level
People’s Committee, and are not the violations prescribed in Clause 1 of this
Article:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to implement remedies for the
environmental pollution caused by such production, business and service
activities;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to build the wastewater collection
system separately from the rainwater collection system; failing to equip
sufficient means and equipment for collecting, storing and classifying solid
waste at source; discharging noxious gases to the environment; failing to
implement measures for reducing noise and vibration, heat and light radiation
that cause adverse impacts on the environment and employees; building or
installing equipment, pipes or other discharging systems to discharge untreated
waste to the environment; failing to operate according to the schedule or
improperly operating the environmental protection works;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to build wastewater, dust and emission
treatment systems in conformity with technical regulations;
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3. Penalties for violations in production, business
and service activities of a scale and capacity requiring the formulation of the
environmental protection plan which must be certified by the Department of
Natural Resources & Environment:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to implement remedies for the
environmental pollution caused by such production, business and service
activities;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to build the wastewater collection
system separately from the rainwater collection system; failing to equip
sufficient means and equipment for collecting, storing and classifying solid
waste at source; discharging noxious gases to the environment; failing to
implement measures for reducing noise and vibration, heat and light radiation that
cause adverse impacts on the environment and employees; building or installing
equipment, pipes or other discharging systems to discharge untreated waste to
the environment; failing to operate according to the schedule or improperly
operating the environmental protection works;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to build wastewater, dust and emission
treatment systems in conformity with technical regulations;
d) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failing to have the environmental protection plan
certified as regulated.
4. Penalties for violations in production, business
and service activities of a scale and capacity requiring the formulation of the
EIA report which must be approved by the Provincial-level People’s Committee,
ministry or ministerial-level agency, except for the violations prescribed in
Clause 5 of this Article:
a) A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for failing to implement remedies for the
environmental pollution caused by such production, business and service
activities;
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failing to build the wastewater collection
system separately from the rainwater collection system; failing to equip
sufficient means and equipment for collecting, storing and classifying solid
waste at source; discharging noxious gases to the environment; failing to
implement measures for reducing noise and vibration, heat and light radiation
that cause adverse impacts on the environment and employees; building or
installing equipment, pipes or other discharging systems to discharge untreated
waste to the environment; failing to operate according to the schedule or
improperly operating the environmental protection works;
c) A fine ranging from VND 120,000,000 to VND
150,000,000 shall be imposed for failing to build wastewater, dust and emission
treatment systems in conformity with technical regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Penalties for violations in production, business
and service activities of a scale and capacity requiring the formulation of the
EIA report which must be approved by the Ministry of Natural Resources &
Environment:
a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failing to implement remedies for the
environmental pollution caused by such production, business and service
activities;
b) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to build the wastewater collection
system separately from the rainwater collection system; failing to equip
sufficient means and equipment for collecting, storing and classifying solid
waste at source; discharging noxious gases to the environment; failing to
implement measures for reducing noise and vibration, heat and light radiation
that cause adverse impacts on the environment and employees; building or
installing equipment, pipes or other discharging systems to discharge untreated
waste to the environment; failing to operate according to the schedule or
improperly operating the environmental protection works;
c) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for failing to build wastewater, dust and emission
treatment systems in conformity with technical regulations;
d) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for failing to have the EIA reports approved as
regulated.
6. Additional penalties:
a) Suspend production, business and service
activities for 03- 06 months if any of the violations prescribed in Point c
Clause 2, Point c Clause 3, Point c Clause 4 and Point c Clause 5 of this
Article is committed;
b) Suspend the activities of the business
establishment or those of the concentration of producers, businesses and
service providers which cause the environmental pollution for 06 – 12 months if
any of the violations prescribed in Point d Clause 2, Point d Clause 3, Point d
Clause 4 and Point d Clause 5 of this Article is committed.
7. Remedial measures:
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b) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
period regulated by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in this Article is committed.
Article 12. Violations against
regulations on environmental protection at business establishments, industrial
parks, export processing zones, high-tech parks, industrial complexes,
concentrations of businesses and service providers, traditional villages and
aquaculture zones
1. Penalties for administrative violations against
regulations on environmental protection imposed on organizational/individual
entities whose production, business and service activities are conducted inside
traditional villages shall be the same with those imposed on
organizational/individual entities whose production, business and service
activities are conducted outside traditional villages as regulated herein.
2. Penalties for violations against regulations on
environmental protection in commercial operations of infrastructure of
concentrations of businesses and service providers:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to arrange employees to take charge of
the environmental protection works;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to formulate the environmental
protection plan as regulated;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to build solid waste collection and
storage systems as regulated;
d) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failing to build wastewater collection and
treatment systems in conformity with regulations on environmental protection as
regulated.
3. Penalties for violations against regulations on
environmental protection in commercial operations of infrastructure of
industrial complexes:
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b) A fine ranging from VND 10,000,000 to VND
50,000,000 shall be imposed for failing to formulate the environmental
protection plan as regulated;
c) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failing to set up a thorough connection
between the wastewater discharging points of producers, businesses and service
providers, and the centralized wastewater treatment system of the industrial
complex (except for cases where the wastewater connection is exempted and the
treated wastewater may be discharged into the environment outside the scope of
the industrial complex); failing to control the discharge of wastewater by
producers, businesses and service providers into the rainwater drainage system
of the industrial complex;
d) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to build rainwater collection systems
separately from wastewater systems as regulated;
dd) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for building the centralized wastewater treatment system
inconsistently with the regulations or building the centralized wastewater
treatment system consistently with regulations but failing to satisfy
requirements on environmental protection as regulated;
e) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for failing to build the centralized wastewater
treatment system as regulated.
4. Penalties for violations against regulations on
environmental protection in commercial operations of infrastructure of
industrial parks, export processing zones, high-tech parks:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to submit reports on environmental
protection works as regulated;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to establish a qualified division
specializing in environmental protection as regulated; failing to arrange
employee in charge of managing the centralized wastewater treatment plant as
regulated;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to ensure minimum area of green trees
within an industrial park, export processing zone, or high-tech park; failing
to comply with the planning for functional areas in the industrial park, export
processing zone, or high-tech park as regulated;
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dd) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for failing to set up the operational logbook of the
centralized wastewater treatment plant; failing to formulate plans for
preventing environmental emergencies as regulated;
e) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for failing to have instruments for measuring the
influent flow at the centralized wastewater treatment plant as regulated;
failing to install a separate electricity meter for the centralized wastewater
treatment plant of the industrial park, export processing zone or high-tech
park;
g) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to set up a thorough connection
between the wastewater discharging points of producers, businesses and service
providers, and the centralized wastewater treatment system of the industrial
park, the export processing zone or the high-tech park as regulated; failing to
control the discharge of wastewater by producers, businesses and service
providers into the rainwater treatment system of the industrial park, the
export processing zone or the high-tech park;
h) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to build the rainwater collection
system separately from the wastewater treatment system as regulated;
i) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for building the centralized wastewater treatment
system inconsistently with the regulations or building the centralized
wastewater treatment system consistently with regulations but failing to
satisfy requirements on environmental protection as regulated;
k) A fine ranging from VND 400,000,000 to VND
500,000,000 shall be imposed for failing to build the centralized wastewater
treatment system as regulated.
5. Penalties for violations against regulations on
environmental protection in aquaculture:
a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failing to dredge and treat mud and residual
feed when cleaning aquaculture ponds as regulated; discharging aquaculture
water in excess of the permissible limits of water used for aquaculture
purposes prescribed in relevant technical regulations inconsistently with local
regulations;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to implement environmental restoration
measures after stopping aquaculture activities as regulated;
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d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for building aquaculture establishments in the
alluvial plains where coastal estuaries are being formed;
dd) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for destroying mangrove forests for aquaculture
purpose.
6. Penalties for violations against regulations on
environmental protection in industrial parks, export processing zones,
high-tech parks and industrial complexes:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to implement or improperly implementing
regulations on environmental protection by the investor in construction and
commercial operation of infrastructure of the industrial park, the export
processing zone, the high-tech park or the industrial complex, except for the
cases prescribed in Point b of this Clause;
b) A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for discharging the wastewater containing any of
the environmental parameter in excess of from 10% to 20% of the permissible
limit of received wastewater prescribed in relevant technical regulations by
the investor in construction and commercial operation of infrastructure of the
industrial park, the export processing zone, the high-tech park or the
industrial complex; this fine shall be increased by 10%, 20%, 30%, 40%, 50%,
60%, 70%, and 80% for discharging the wastewater in excess of 20%-30%, 30%-40%,
40%-50%, 50%-60%, 60%-70%, 70%-80%, 80%-90%, and 90%-100% respectively of the
regulated limit of discharged wastewater; this fine shall be increased by 100%
for discharging the wastewater in excess of 100% or above of the regulated
limit of discharged wastewater;
c) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for illegally discharging untreated wastewater
into the rainwater drainage system of the industrial park, the export
processing zone, the high-tech park or the industrial complex.
7. Penalties for violations against regulations on
environmental supervision (including continuous and automatic monitoring
systems of wastewater/ emission; supervision of surrounding environment and
periodical waste supervision) and other violations against regulations on
environmental protection in production and business activities and service
provision:
a) A warning or a fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for failing to conduct the environmental
supervision in case where the environmental supervision is compulsory in the
environmental protection plans/ schemes which are certified by District-level
People's Committees; improperly or insufficiently conducting (in terms of
parameters, location or frequency of supervision) or failing to conduct the
supervision of surrounding environment as regulated or at the request of
competent agencies in cases where the registration of satisfaction of
environmental standards, the environmental protection plans/ schemes and
similar environmental documents are certified by Departments of Natural
Resources & Environment or the Management Boards of industrial parks,
export processing zones or economic zones;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for improperly or insufficiently conducting
periodical or irregular waste supervision (in terms of parameters, location,
frequency of supervision as once for every 03 months) in cases where the
registration of satisfaction of environmental standards, the environmental
protection plans/ schemes and similar environmental documents are certified by
Departments of Natural Resources & Environment or the Management Boards of
industrial parks, export processing zones or economic zones; improperly or
insufficiently conducting (in terms of parameters, location or frequency of
supervision) or failing to conduct the supervision of surrounding environment
as regulated or at the request of competent agencies in cases where the EIA
reports, the environmental protection schemes and similar environmental
documents are certified by Provincial-level People’s Committees or agencies
authorized by Provincial-level People’s Committees;
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d) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for improperly or insufficiently conducting
periodical waste supervision (in terms of parameters, location, frequency of
supervision as once for every 03 months) or failing to conduct the irregular
waste supervision in cases where the registration of satisfaction of
environmental standards and similar environmental documents are certified by
the Ministry of Natural Resources and Environment, ministries or
ministerial-level agencies; failing to submit reports on the periodical waste
supervision (before January 31 of every year) or on the irregular waste
supervision to the Provincial-level People’s Committees or agencies authorized
by Provincial-level People’s Committees that have given approval for the EIA
reports, the environmental protection schemes and similar environmental
documents; improperly or insufficiently conducting (in terms of parameters, location
or frequency of supervision) or failing to conduct the supervision of
surrounding environment as regulated or at the request of competent agencies in
cases where the EIA reports, the environmental protection schemes and similar
environmental documents are approved by the Ministry of Natural Resources and
Environment, ministries or ministerial-level agencies;
dd) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for improperly or insufficiently conducting
periodical waste supervision (in terms of parameters, location, frequency of
supervision as once for every 03 months) or failing to conduct the irregular
waste supervision in cases where the EIA reports, the environmental protection
schemes and similar environmental documents are approved by the Ministry of
Natural Resources and Environment, ministries or ministerial-level agencies;
failing to submit reports on the periodical waste supervision (before January
31 of every year) or on the irregular waste supervision to the Ministry of
Natural Resources and Environment, ministries or ministerial-level agencies
that have given certification of the registration of satisfaction of
environmental standards and similar environmental documents;
e) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failing to submit reports on the periodical waste
supervision (before January 01 of every year) or on the irregular waste
supervision to the Ministry of Natural Resources and Environment, ministries or
ministerial-level agencies that have given approval for the EIA reports, the
environmental protection schemes and similar environmental documents;
coordinating with entities that fail to obtain Certificate of eligibility for
provision of environmental monitoring services (according to the sector and
scope of certification) in conducting environmental monitoring or supervision,
except for the cases where a public service provider is established and
designated by the Provincial-level People’s Committee or Ministry of National
Defence or Ministry of Public Security to conduct the environmental monitoring
or supervision operations in that province or in national defense and security
fields;
g) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failing to operate or improperly operating the
continuous and automatic wastewater or emission monitoring system; failing to
retain wastewater or emission monitoring data or failing to transmit monitoring
data at the request of a competent agency;
h) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to install any of the parameters of
the continuous and automatic wastewater or emission monitoring system as
regulated or as requested by a competent agency;
i) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for failing to set up the continuous and automatic
wastewater or emission monitoring system as regulated or as requested by a
competent agency;
k) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for building or installing the pipes or the outlet
of the wastewater discharging system at locations inconvenient for the
inspection without the approval given by competent agency; or diluting the
treated wastewater or emission for the purpose of meeting requirements thereof
in technical regulations on waste.
8. Additional penalties:
a) Suspend the activities of the industrial complex
or the concentration of businesses and service providers which cause the
environmental pollution for 03 – 06 months if any of the violations prescribed
in Point d Clause 2 and Point e Clause 3 of this Article is committed;
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9. Remedial measures:
a) Enforce the implementation of measures for
managing solid waste and hazardous waste, reducing the noise and vibration, and
treating wastewater and emission in conformity with technical regulations on
waste within the period regulated by the person who has the power to impose
penalties for administrative violations and specified in the decision on
imposition of penalties for administrative violations if any of the violations
prescribed in this Article is committed;
b) Enforce the dismantlement of aquaculture
facilities; enforce the implementation of environmental restoration measures if
any of the violations prescribed in Point d and Point dd Clause 5 of this
Article is committed; enforce the installation of continuous and automatic
wastewater or emission monitoring system within the period regulated by the
person who has the power to impose penalties for administrative violations and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in Point h and Point I Clause 7
of this Article is committed; enforce the construction/ installation of pipes
or the outlet of the wastewater discharging system at locations convenient for
inspection; or enforce the dismantlement of works/ facilities for diluting
wastewater or emission and treatment of waste in accordance with technical
regulations on waste within the period regulated by the person who has the
power to impose penalties for administrative violations and specified in the
decision on imposition of penalties for administrative violations if the
violation prescribed in Point k Clause 7 of this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 13. Violations against
regulations on discharge of wastewater containing non-hazardous environmental
parameters into the environment
1. A warning shall be imposed for discharging the
wastewater in excess of the permissible limit prescribed in technical
regulation on waste less than 1.1 times (or the volume of discharged wastewater
exceeding the permissible limit prescribed in technical regulation is 10%).
2. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
1.1 times to less than 1.5 times or having the discharge of the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
less than 1.1 times repeated:
a) A fine ranging from VND 300,000 to VND 500,000
shall be imposed for discharging the wastewater with the volume of less than 05
m³/day (24 hours);
b) A fine ranging from VND 500,000 to VND 2,000,000
shall be imposed for discharging the wastewater with the volume of from 05
m³/day (24 hours) to less than 10 m³/day (24 hours);
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d) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 90,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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o) A fine ranging from VND 110,000,000 to VND
120,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of from
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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from
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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 230,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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y) A fine ranging from VND 270,000,000 to VND
300,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
3. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
1.5 times to less than 03 times:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 110,000,000 to VND
120,000,000 shall be imposed for discharging the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
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i) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
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t) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging the wastewater with the volume of from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
5,000 m³/day (24 hours) or above.
4. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
03 times to less than 05 times:
a) A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for discharging the wastewater with the volume of less than 05
m³/day (24 hours);
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for discharging the wastewater with the volume of
from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
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d) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from
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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for discharging the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 600,000,000 to VND
650,000,000 shall be imposed for discharging the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
5. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
05 times to less than 10 times:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed for discharging the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
5,000 m³/day (24 hours) or above.
6. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
10 times or more:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for discharging the wastewater with the volume of
less than 05 m³/day (24 hours);
b) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging the wastewater with the volume of from 05
m³/day (24 hours) to less than 10 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from VND 110,000,000 to VND
120,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed for discharging the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 850,000,000 to VND
950,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
7. The highest fine imposed on any of the
violations prescribed in this Article shall be increased by 10% or 20% if each
environmental parameter contained in the discharged wastewater exceeds the
permissible limit prescribed in the technical regulation 1.1 to less than 1.5
times or 1.5 to less than 02 times respectively; it shall be increased by 30%
if each environmental parameter contained in the discharged wastewater exceeds
the permissible limit prescribed in the technical regulation 02 times to less
than 05 times, or the pH value is from 04 to the permissible lower limit
prescribed in the technical regulation or from the permissible upper limit
prescribed in the technical regulation to 10.5, or the discharged wastewater
contains any of 03 following bacteria (Salmonella, Shigella, Vibrio cholerae);
it shall be increased by 40% if each environmental parameter contained in the
discharged wastewater exceeds the permissible limit prescribed in the technical
regulation 05 times to less than 10 times; and it shall be increased by 50% if
each environmental parameter contained in the discharged wastewater exceeds the
permissible limit prescribed in the technical regulation 10 times or more.
Total fine imposed for each violation must not exceed VND 1,000,000,000.
8. Additional penalties:
a) Suspend the activities of the business
establishment or the concentration of producers, businesses and service
providers which cause the environmental pollution for 03 – 06 months if any of
the violations prescribed 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 6 of this Article is committed;
b) Suspend the activities of the business
establishment or the concentration of producers, businesses and service
providers which cause the environmental pollution for 06 – 12 months if any of
the violations prescribed 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 is
committed.
9. Remedial measures:
a) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed;
b) Enforce the transfer of illegal benefits
obtained from any of the administrative violations prescribed in this Article;
c) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in technical
regulations or causing environmental pollution according to current norms and
prices if any of the violations prescribed in this Article is committed.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A warning shall be imposed for discharging the
wastewater in excess of the permissible limit prescribed in the technical
regulation on waste less than 1.1 times (or the volume of discharged wastewater
exceeding the permissible limit prescribed in the technical regulation is 10%).
2. Penalties for discharging the wastewater in
excess of the permissible limits prescribed in the technical regulation on
waste 1.1 times to less than 1.5 times or having the discharge of the
wastewater in excess of the permissible limit prescribed in the technical
regulation on waste less than 1.1 times repeated:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for discharging the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 230,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine ranging from VND 270,000,000 to VND
290,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
5,000 m³/day (24 hours) or above.
3. Penalties for discharging the wastewater in excess
of the permissible limit prescribed in the technical regulation on waste 1.5
times to less than 02 times:
a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for discharging the wastewater with the volume of
less than 05 m³/day (24 hours);
b) A fine ranging from VND 5,000,000 to VND
30,000,000 shall be imposed for discharging the wastewater with the volume of
from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for discharging the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging the wastewater with the volume of from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 600,000,000 to VND
650,000,000 shall be imposed for discharging the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
4. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
02 times to less than 03 times:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed for discharging the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
5,000 m³/day (24 hours) or above.
5. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
03 times to less than 05 times:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for discharging the wastewater with the volume of
less than 05 m³/day (24 hours);
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume of
from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from VND 110,000,000 to VND
120,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed for discharging the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 850,000,000 to VND
950,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
6. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
05 times or more, except for environmental crimes:
a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for discharging the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine ranging from VND 450,000,000 to VND
500,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine ranging from VND 600,000,000 to VND
650,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume
of 5,000 m³/day (24 hours) or above.
7. Penalties for discharging the wastewater
containing any of 03 following bacteria (Salmonella, Shigella, Vibrio cholerae)
as regulated in the national technical regulation on health care wastewater or
discharging the wastewater in excess of the permissible limit prescribed in the
technical regulation on waste with the pH value of from 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 the wastewater with the volume 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 the wastewater with the volume of
from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from VND 100,000,000 to VND
110,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 250,000,000 to VND
300,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from 1,600
m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 750,000,000 to VND
850,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above.
8. Penalties for discharging the wastewater
containing two or all of three following bacteria (Salmonella, Shigella, Vibrio
cholerae) as regulated in the national technical regulation on health care
wastewater or discharging the wastewater in excess of the permissible limit
prescribed in the technical regulation on waste with the pH value of from 02 to
under 04 or of from 10.5 to under 12.5:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for discharging the wastewater with the volume of
less than 05 m³/day (24 hours);
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine ranging from VND 550,000,000 to VND
600,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
5,000 m³/day (24 hours) or above.
9. Penalties for discharging the wastewater in
excess of the permissible limit prescribed in the technical regulation on waste
with the pH value of from 0 to under 2 or of from 12.5 to under 14, except for
environmental crimes:
a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for discharging the wastewater with the volume 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 the wastewater with the volume of
from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from VND 120,000,000 to VND
130,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine ranging from VND 350,000,000 to VND
400,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine ranging from VND 450,000,000 to VND
500,000,000 shall be imposed for discharging the wastewater with the volume of
from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed for discharging the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 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 the wastewater with the volume of
from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine ranging from VND 950,000,000 to VND
1,000,000,000 shall be imposed for discharging the wastewater with the volume of
5,000 m³/day (24 hours) or above, except for environmental crimes.
10. A fine ranging from VND 950,000,000 to VND
1,000,000,000 shall be imposed for discharging the wastewater containing
radioactive substances causing the environmental radioactive contamination in
excess of the permissible limit prescribed in the technical regulation, except
for environmental crimes.
11. The highest fine imposed for the violation
prescribed in this Article shall be increased by 10% or 20% if each
environmental parameter contained in the discharged wastewater exceeds the
permissible limit prescribed in the technical regulation 1.1 times to less than
1.5 times or 1.5 times to less than 02 times respectively; it shall be
increased by 30% if each environmental parameter contained in the discharged
wastewater exceeds the permissible limit prescribed in the technical regulation
02 times to less than 03 times, or the pH value is from 04 to the permissible
lower limit prescribed in the technical regulation or from the permissible upper
limit prescribed in the technical regulation to 10.5, or the discharged
wastewater contains any of 03 following bacteria (Salmonella, Shigella, Vibrio
cholerae); it shall be increased by 40% if each environmental parameter
contained in the discharged wastewater exceeds the permissible limit prescribed
in the technical regulation 03 times to less than 05 times, or the pH value is
from 02 to under 04 or from 10.5 to under 12.5, or the discharged wastewater
contains two or all of 03 following bacteria (Salmonella, Shigella, Vibrio
cholerae); and it shall be increased by 50% if each environmental parameter
contained in the discharged wastewater exceeds the permissible limit prescribed
in the technical regulation 05 times or more, or the pH value is under 02 or
from 12.5 to 14. Total fine imposed for each violation shall not exceed VND
1,000,000,000.
12. Additional penalties:
a) Suspend the activities of the business
establishment or the concentration of producers, businesses and service
providers which cause the environmental pollution for 03 – 06 months if any of
the violations prescribed 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, Points e, g,
h, i, k, l, m, n, o, p, q and r Clause 6, Points h, i, k, l, m, n, o, p, q, r,
s and t Clause 7, Points g, h, i, k, l, m, n, o, p, q, r and s Clause 8 and
Points e, g, h, i, k, l, m, n, o, p, q and r Clause 9 of this Article is
committed;
b) Suspend the activities of the business
establishment or the concentration of producers, businesses and service
providers which cause the environmental pollution for 06 – 12 months if any of
the violations prescribed in Points u, uu, v, x and y Clause 4, Points t, u,
uu, v, x and y Clause 5, Points s, t, u, uu, v, x and y Clause 6, Points u, uu,
v, x and y Clause 7, Points t, u, uu, v, x and y Clause 8 and Points s, t, u,
uu, v and x Clause 9 and Clause 10 of this Article is committed.
13. Remedial measures:
a) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed;
b) Enforce the transfer of illegal benefits
obtained from any of the administrative violations prescribed in this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 15. Violations against
regulations on discharge of dust and emission containing non-hazardous
environmental parameters into the environment
1. A warning shall be imposed for emitting
unpleasant odors into the environment; discharging dust and emission in excess
of the permissible limit prescribed in the technical regulation on waste less
than 1.1 times (or the volume of discharged dust and emission exceeding the
permissible limit prescribed in the technical regulation is 10%).
2. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 1.1 times to less than 1.5 times or having the discharge of the dust and
emissions in excess of the permissible limit prescribed in the technical
regulation on waste less than 1.1 times repeated:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 20,000 m³/hour to
less than 25,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine ranging from VND 110,000,000 to VND
130,000,000 shall be imposed if the waste gas flow is from 30,000 m³/hour to
less than 35,000 m³/hour;
i) A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 70,000 m³/hour to
less than 75,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
s) A fine ranging from VND 550,000,000 to VND
600,000,000 shall be imposed if the waste gas flow is from 80,000 m³/hour to
less than 85,000 m³/hour;
t) A fine ranging from VND 600,000,000 to VND
650,000,000 shall be imposed if the waste gas flow is from 85,000 m³/hour to
less than 90,000 m³/hour;
u) A fine ranging from VND 650,000,000 to VND
700,000,000 shall be imposed if the waste gas flow is from 90,000 m³/hour to
less than 95,000 m³/hour;
uu) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or above.
3. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 1.5 times to less than 02 times:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 5,000 m³/hour to less
than 10,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed if the waste gas flow is from 15,000 m³/hour to
less than 20,000 m³/hour;
e) A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 55,000 m³/hour to
less than 60,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
p) A fine ranging from VND 450,000,000 to VND
500,000,000 shall be imposed if the waste gas flow is from 65,000 m³/hour to
less than 70,000 m³/hour;
q) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or above.
4. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 02 times to less than 03 times:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the waste gas flow is from 500 m³/hour to less
than 5,000 m³/hour;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 40,000 m³/hour to
less than 45,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
m) A fine ranging from VND 350,000,000 to VND
400,000,000 shall be imposed if the waste gas flow is from 50,000 m³/hour to
less than 55,000 m³/hour;
n) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 90,000 m³/hour to
less than 95,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
v) A fine ranging from VND 850,000,000 to VND
900,000,000 shall be imposed if the waste gas flow is 100,000 m³/hour or above.
5. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 03 times or more, except for environmental crimes:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 25,000 m³/hour to less than
30,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine ranging from VND 250,000,000 to VND
300,000,000 shall be imposed if the waste gas flow is from 35,000 m³/hour to
less than 40,000 m³/hour;
k) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 75,000 m³/hour to
less than 80,000 m³/hour;
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t) A fine ranging from VND 750,000,000 to VND
800,000,000 shall be imposed if the waste gas flow is from 85,000 m³/hour to
less than 90,000 m³/hour;
u) A fine ranging from VND 800,000,000 to VND
850,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or above.
6. The highest fine imposed for the violation
prescribed in this Article shall be increased by 10%, 20%, 30%, or 40% if each
environmental parameter contained in the discharged dust/emissions exceeds the
permissible limit prescribed in the technical regulation 1.1 to less than 1.5
times, 1.5 to less than 02 times, 02 to less than 03 times, or 03 times or more
respectively. Total fine imposed for each violation must not exceed VND
1,000,000,000.
7. Additional penalties:
a) Suspend the activities of the business
establishment which cause the environmental pollution for 03 – 06 months if any
of the violations prescribed 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, 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 is committed;
b) Suspend the activities of the business
establishment which cause the environmental pollution for 06 – 12 months if any
of the violations prescribed 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 is committed.
8. Remedial measures:
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b) Enforce the transfer of illegal benefits
obtained from any of the administrative violations prescribed in this Article;
c) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in technical
regulations or causing environmental pollution according to current norms and
prices if any of the violations prescribed in this Article is committed.
Article 16. Violations against
regulations on discharge of dust and emission containing hazardous
environmental parameters into the environment
1. A warning shall be imposed for discharging
chemicals or organic solvent vapors in the production zone or residential zone
causing a typical smell of such chemicals or organic solvent vapors;
discharging dust and emission in excess of the permissible limit prescribed in
the technical regulation on waste less than 1.1 times (or the volume of
discharged dust and emission exceeding the permissible limit prescribed in the
technical regulation is 10%).
2. Penalties for discharging the dust and emission
in excess of the permissible limits prescribed in the technical regulation on
waste 1.1 times to less than 1.5 times or having the discharge of dust and
emission in excess of the permissible limit prescribed in the technical
regulation on waste less than 1.1 times repeated:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 10,000 m³/hour to
less than 15,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 60,000 m³/hour to
less than 65,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
q) A fine ranging from VND 500,000,000 to VND
550,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or above.
3. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 1.5 times to less than 02 times:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 45,000 m³/hour to
less than 50,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 95,000 m³/hour to
less than 100,000 m³/hour;
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4. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 02 times to less than 03 times:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 30,000 m³/hour to
less than 35,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) A fine ranging from VND 300,000,000 to VND
350,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 80,000 m³/hour to
less than 85,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
u) A fine ranging from VND 800,000,000 to VND
850,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or above.
5. Penalties for discharging dust and emission in
excess of the permissible limits prescribed in the technical regulation on
waste 03 times or more, except for environmental crimes:
a) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the waste gas flow is less than 500 m³/hour;
b) A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 15,000 m³/hour to
less than 20,000 m³/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed if the waste gas flow is from 25,000 m³/hour to
less than 30,000 m³/hour;
h) A fine ranging from VND 250,000,000 to VND
300,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 65,000 m³/hour to
less than 70,000 m³/hour;
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r) A fine ranging from VND 700,000,000 to VND
750,000,000 shall be imposed if the waste gas flow is from 75,000 m³/hour to
less than 80,000 m³/hour;
s) A fine ranging from VND 750,000,000 to VND
800,000,000 shall be imposed if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is from 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 if the waste gas flow is 100,000 m³/hour or
above.
6. A fine ranging from VND 950,000,000 to VND
1,000,000,000 shall be imposed for discharging dust and emissions containing
radioactive substances causing the environmental radioactive contamination in
excess of the permissible limit prescribed in the technical regulation, except
for environmental crimes.
7. The highest fine imposed for the violation
prescribed in this Article shall be increased by 10%, 20%, 30%, or 40% if each
environmental parameter contained in the discharged dust/emissions exceeds the
permissible limit prescribed in the technical regulation 1.1 to less than 1.5
times, 1.5 to less than 02 times, 02 to less than 03 times, or 03 times or more
respectively. Total fine imposed for each violation must not exceed VND
1,000,000,000.
8. Additional penalties:
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b) Suspend the activities of the business
establishment which cause the environmental pollution for 06 – 12 months if any
of the violations prescribed 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 Clause 5 and Clause 6 of this Article is committed.
9. Remedial measures:
a) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed;
b) Enforce the transfer of illegal benefits
obtained from any of the administrative violations prescribed in this Article;
c) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in technical
regulations or causing environmental pollution according to current norms and
prices if any of the violations prescribed in this Article is committed.
Article 17. Violations against
regulations on noise
1. A warning shall be issued for generating noise
at a level in excess of the permissible exposure levels of noise prescribed in
the technical regulation on noise of less than 02 dBA.
2. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 02 dBA to less than 05 dBA.
3. A fine ranging from VND 5,000,000 to VND
20,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 05 dBA to less than 10 dBA.
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5. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 15 dBA to less than 20 dBA.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 20 dBA to less than 25 dBA.
7. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 25 dBA to less than 30 dBA.
8. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of from 30 dBA to less than 35 dBA.
9. A fine ranging from VND 120,000,000 to VND 140,000,000
shall be imposed for generating noise at a level in excess of the permissible
exposure levels of noise prescribed in the technical regulation on noise of
from 35 dBA to less than 40 dBA.
10. A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of more than 40 dBA.
11. Additional penalties:
a) Suspend the establishment’s activities causing
the noise pollution for 03 - 06 months if any of the violations prescribed in
Clauses 4, 5, 6 and 7 of this Article is committed;
b) Suspend the establishment’s activities for 06 -
12 months if any of the violations prescribed in Clauses 8, 9 and 10 of this
Article is committed.
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a) Enforce the implementation of measures for
reducing the noise to the permissible exposure levels of noise prescribed in
the technical regulation on noise within the period regulated by the person who
has the power to impose penalties for administrative violations and specified
in the decision on imposition of penalties for administrative violations if any
of the violations prescribed in this Article is committed;
b) Enforce the payment of costs for conducting inspection,
assessment, measurement and analysis of environmental samples for activities
generating noise in excess of the permissible limits prescribed in
environmental technical regulations or resulting in the noise pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed.
Article 18. Violations against
regulations on vibration
1. Penalties for violations against regulations on
vibration in the construction industry:
a) A warning shall be issued for causing the
vibration at the amount of exposure in excess of the permissible limits
prescribed in the technical regulation on vibration of less than 02 dB;
b) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 02 dB to less than 05 dB;
c) A fine ranging from VND 5,000,000 to VND
20,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 05 dB to less than 10 dB;
d) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 10 dB to less than 15 dB;
dd) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 15 dB to less than 20 dB;
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g) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of from 25 dB to less than 30 dB;
h) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of from 30 dB to less than 35 dB;
i) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 35 dB to less than 40 dB;
k) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of 40 dB or above.
2. Penalties for violations against regulations on
vibration in production and commercial activities, and service provision:
a) A warning shall be issued for causing the
vibration at the amount of exposure in excess of the permissible limits
prescribed in the technical regulation on vibration of less than 02 dB;
b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 02 dB to less than 05 dB;
c) A fine ranging from VND 5,000,000 to VND
30,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 05 dB to less than 10 dB;
d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 10 dB to less than 15 dB;
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e) A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for causing the vibration at the amount of exposure
in excess of the permissible limits prescribed in the technical regulation on
vibration of from 20 dB to less than 25 dB;
g) A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of from 25 dB to less than 30 dB;
h) A fine ranging from VND 110,000,000 to VND
130,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of from 30 dB to less than 35 dB;
i) A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of from 35 dB to less than 40 dB;
k) A fine ranging from VND 150,000,000 to VND
170,000,000 shall be imposed for causing the vibration at the amount of
exposure in excess of the permissible limits prescribed in the technical
regulation on vibration of 40 dB or above.
3. Additional penalties:
a) Suspend the business establishment’s
vibration-causing activities for 03- 06 months if any of the violations
prescribed in Points d, dd, e and g Clause 1 and Points d, dd, e and g Clause 2
of this Article is committed;
b) Suspend the establishment’s activities for 06 -
12 months if any of the violations prescribed in Points h, i and k Clause 1 and
Points h, i and k Clause 2 of this Article is committed.
4. Remedial measures:
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b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
activities causing the vibration exposure in excess of the permissible limits
prescribed in environmental technical regulations according to current norms
and prices if any of the violations prescribed in this Article is committed.
Article 19. Acts of violation
causing soil, water and/or air pollution, or causing long-lasting or serious
environmental pollution
1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for discharging cesspit waste, toxic chemicals or pathogenic
sources into the environment in contravention of the regulations on
environmental protection.
2. Penalties for acts of violation causing the soil
or water pollution (including either groundwater or surface water inside or
outside the business establishment) or the air pollution at a level in excess
of the permissible limits prescribed in technical regulations on soil, water
and 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) exceeds the permissible limit prescribed in relevant
technical regulation less than 03 times (if it is a hazardous environmental
parameter) or less than 05 times (if it is a non-hazardous environmental
parameter);
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) exceeds the permissible limit prescribed in relevant
technical regulation 03 to less than 05 times (if it is a hazardous
environmental parameter) or 05 to less than 10 times (if it is a non-hazardous
environmental parameter);
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) exceeds the permissible limit prescribed in relevant
technical regulation 05 times or more (if it is a hazardous environmental
parameter) or 10 times or more (if it is a non-hazardous environmental
parameter).
3. The said fines shall be increased by 20% - 30%
for committing the violations prescribed in Articles 13, 14, 15 and 16; Clause
3, Point d Clause 6 and Clause 9 Article 20; Point a Clause 8, Clause 9 and
Clause 10 Article 21; Clause 8 and Clause 9 Article 22; Clause 7 and Clause 8
Article 23; Clauses 4, 5 and 6 Article 27; Clause 4 Article 32; or committing
the violations in the ecological restoration regions or strictly protected
zones of sanctuaries in which the content of soil, water or air pollutant
exceeds the permissible limit prescribed in technical regulations soil, water
and ambient air less than 03 times (if it is a hazardous environmental
parameter) or less than 05 times (if it is a non-hazardous environmental
parameter). Total fine imposed for each violation must not exceed VND
1,000,000,000.
4. The said fines shall be increased by 30% - 40%
for committing the violations prescribed in Articles 13, 14, 15 and 16; Clause
3, Point d Clause 6 and Clause 9 Article 20; Point a Clause 8, Clause 9 and
Clause 10 Article 21; Clause 8 and Clause 9 Article 22; Clause 7 and Clause 8
Article 23; Clauses 4, 5 and 6 Article 27; Clause 4 Article 32; or committing
the violations in the ecological restoration regions or strictly protected
zones of sanctuaries in which the content of soil, water or air pollutant
exceeds the permissible limit prescribed in technical regulations soil, water
and ambient air 03 to less than 05 times (if it is a hazardous environmental
parameter) or 05 to less than 10 times (if it is a non-hazardous environmental
parameter). Total fine imposed for each violation must not exceed VND
1,000,000,000.
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6. A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for keeping or repeating the commitment of any of
the following violations for which administrative penalties have been imposed
resulting in the long-lasting environmental pollution:
a) Discharging the wastewater in excess of the
permissible limit prescribed in the technical regulation on waste 03 times or
more (if it is a non-hazardous environmental parameter) or 02 times or more (if
it is a hazardous environmental parameter);
b) Discharging emissions in excess of the
permissible limit prescribed in the technical regulation on waste 02 times or
more (if it is a non-hazardous environmental parameter) or 1.5 times or more
(if it is a hazardous environmental parameter);
c) Generating noise at a level in excess of the
permissible exposure levels of noise prescribed in the technical regulation on
noise of 10 dBA or above, or causing the vibration at the amount of exposure in
excess of the permissible limits prescribed in the technical regulation on
vibration of 20 dB or above.
7. Penalties for violations against regulations on
environmental protection committed by any of the business establishments in the
list of business establishments causing serious environmental pollution:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to post the summary of the action plan
on thoroughly tackling environmental pollution at the operating location, or
failing to send it to the Commune-level People’s Committee for posting in the
public, or failing to send the action plan on thoroughly tackling environmental
pollution or periodical reports on the implementation progress thereof to the
responsible agency;
b) A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for failing to formulate the action plan on thoroughly
tackling environmental pollution;
c) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failing to apply measures to reduce the
pollution during the implementation of the action plan on thoroughly tackling
environmental pollution;
d) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to apply measures to prevent and
reduce causes of environmental pollution, and prevent the spread of pollution
or the influence of pollution on surroundings during the implementation of the
action plan on thoroughly tackling environmental pollution;
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e) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for failing to implement measures to thoroughly
tackle environmental pollution.
8. Additional penalties:
a) Suspend the establishment’s activities causing
the environmental pollution for 01- 03 months if any of the violations
prescribed in Point c and Point d Clause 7 of this Article is committed;
b) Suspend the establishment’s activities for 03 -
06 months if any of the violations prescribed in Point a Clause 2 and Clause 3
of this Article is committed;
c) Suspend the establishment’s activities for 06 -
09 months if any of the violations prescribed in Point b and Point c Clause 2,
Clause 4, Clause 6 and Point dd Clause 7 of this Article is committed;
d) Suspend the establishment’s activities for 09 -
12 months if any of the violations prescribed in Clause 5 and Point e Clause 7
of this Article is committed;
dd) Confiscate the exhibits and instrumentalities
of administrative violations if any of the violations prescribed in Clause 1 of
this Article is committed.
9. Remedial measures:
a) Enforce the restoration of initial environmental
state or the environmental restoration as regulated, and enforce the
application of remedial measures for environmental pollution within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed;
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c) Enforce the payment of costs for conducting inspection,
assessment, measurement and analysis of environmental samples for discharging
waste in excess of the permissible limits prescribed in environmental technical
regulations or causing environmental pollution according to current norms and
prices if any of the violations prescribed in this Article is committed.
Article 20. Violations against
regulations on public hygiene; collection, transport, treatment and discharge
of domestic waste and non-hazardous industrial solid waste; transport of raw
materials, materials or goods causing environmental pollution
1. Penalties for collecting or discharging domestic
waste in contravention of regulations on environmental protection:
a) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for throwing or discarding cigarette butts and ashes not at
prescribed places in residential areas, commercial areas, service providing
areas or public places;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for solving personal hygiene demands (urination,
defecation) not at prescribed places in residential areas, commercial areas,
service providing areas or public places;
c) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for throwing or discarding domestic waste not at prescribed
places in residential areas, commercial areas, service providing areas or
public places, except for the violation prescribed in Point d of this Clause;
d) A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for discharging domestic waste on pavements, roads,
alleys or urban wastewater drainage systems or surface water drainage systems
in urban areas.
2. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for operating vehicles transporting raw materials,
materials or goods but failing to cover them or letting them drop on roads.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failing to use specialized equipment or means
of transport to ensure that raw materials, materials or goods cannot be leaked
or released to the environment during the transportation.
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5. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for failing to classify or store non-hazardous
industrial solid waste in accordance with regulations; failing to enter into
contract or failing to transfer non-hazardous industrial solid waste to
entities functioned to collect, transport and treat domestic solid waste as
regulated; failing to submit periodical reports on the generation and
management of non-hazardous industrial solid waste to competent agencies as
regulated.
6. Penalties for violations against regulations on
the collection and transport of domestic solid waste and non-hazardous industrial
solid waste:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to submit annual reports on the
collection and transport of domestic solid waste and non-hazardous industrial
solid waste to competent agencies as regulated;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to transport domestic solid waste and
non-hazardous industrial solid waste to dump grounds, transfer stations and
waste treatment facilities as regulated;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to equip suitable containers for
collecting and transporting domestic solid waste and non-hazardous industrial
solid waste as regulated;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for using means or equipment that fails to meet
regulated technical requirements to transport domestic solid waste; failing to
comply with technical requirements and management process in arranging storage
equipment, temporary storage place or transfer station, and means of
transporting non-hazardous industrial solid waste; or releasing domestic solid
waste and non-hazardous industrial solid waste into the environment in course
of transportation.
7. Penalties for violations against regulations on
the treatment of domestic solid waste:
a) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failing to prepare reports, records, documents,
or logbooks of the management and treatment of domestic solid waste as
regulated;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the treatment equipment and system (including
those for preliminary treatment, recycling, co-incineration and energy
recovery) or the area where the domestic solid waste is temporarily stored
fails to satisfy technical requirements or management process as regulated;
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d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to implement any of the contents of
the Certificate of compliance with regulations on environmental protection or
the plan for treatment of domestic solid waste approved by a competent agency,
except for the supervision of surrounding environment;
dd) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failing to obtain the Certificate of
compliance with regulations on environmental protection or have the plan for
treatment of domestic solid waste approved by a competent agency as regulated.
8. Penalties for violations against regulations on
the treatment of non-hazardous industrial solid waste:
a) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failing to prepare reports, records, documents,
or logbooks of the management of non-hazardous industrial solid waste as
regulated;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the equipment and system for treatment of
non-hazardous industrial solid waste (including those for preliminary
treatment, recycling, co-incineration and energy recovery) do not meet the
technical requirements or management process as regulated, or for failing to
comply with the operating procedure thereof;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for improperly implementing any of the contents of
the Certificate of compliance with regulations on environmental protection or
the plan for treatment of non-hazardous industrial solid waste approved by a
competent agency, except for the supervision of surrounding environment, acts
done to improve the environment upon the approval by competent agencies and the
case prescribed in Point dd of this Clause;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failing to implement any of the contents of
the Certificate of compliance with regulations on environmental protection or
the plan for treatment of non-hazardous industrial solid waste approved by a
competent agency, except for the supervision of surrounding environment and the
case prescribed in Point e of this Clause;
dd) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for carrying out the treatment of non-hazardous
industrial solid waste which is not appropriate to the operating region,
capacity, waste types, or the invested or installed waste treatment system and
equipment;
e) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failing to implement the plan for pollution
control and environmental restoration upon the termination of operations as
regulated;
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9. Penalties for transferring, giving or selling
domestic solid waste and/or non-hazardous industrial solid waste to an entity
which has no function or capability of waste treatment as regulated; burying,
dumping or disposing of domestic solid waste and/or non-hazardous industrial
solid waste in contravention of regulations on environmental protection, except
for environmental crimes; receiving domestic solid waste and/or non-hazardous
industrial solid waste but failing to implement treatment methods or failing to
transfer to entities functioned to conduct treatment as regulated:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of less than 1,000 kg;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 1,000 kg to less than 2,000 kg;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 2,000 kg to less than 3,000 kg;
d) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 3,000 kg to less than 4,000 kg;
dd) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 4,000 kg to less than 5,000 kg;
e) A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous industrial
solid waste with an amount of from 5,000 kg to less than 10,000 kg;
g) A fine ranging from VND 30,000,000 to VND
35,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 10,000 kg to less than 20,000 kg;
h) A fine ranging from VND 35,000,000 to VND
40,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 20,000 kg to less than 30,000 kg;
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k) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for transferring, giving, selling, receiving, burying,
dumping or disposing of domestic solid waste and/or non-hazardous industrial
solid waste with an amount of from 40,000 kg to less than 60,000 kg;
l) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 60,000 kg to less than 80,000 kg;
m) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of from 80,000 kg to less than 100,000
kg;
n) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for transferring, giving, selling, receiving,
burying, dumping or disposing of domestic solid waste and/or non-hazardous
industrial solid waste with an amount of 100,000 kg or above.
10. The fines for violations prescribed in Clause 9
of this Clause shall be increased by 40% - 50% if such violations result in the
environmental pollution or the waste containing hazardous environmental
parameters in excess of the permissible limits prescribed technical regulations
on surrounding environment. Total fine imposed for each violation must not
exceed VND 1,000,000,000.
11. A fine ranging from VND 900,000,000 to VND
1,000,000,000 shall be imposed for the violations prescribed in Clause 9 of
this Clause if the waste contains radioactive substances causing the
environmental radioactive contamination, except for environmental crimes.
12. Additional penalties:
a) Suspend activities of the domestic solid waste
and/or non-hazardous industrial solid waste treatment facility for 03 - 06
months if any of the violations prescribed in Point dd Clause 7, Point g Clause
8, Clauses 9, 10 and 11 of this Article is committed;
b) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clauses 9, 10
and 11 of this Article is committed.
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a) Enforce the restoration of initial environmental
state if any of the violations prescribed in Clauses 9, 10 and 11 of this
Article is committed;
b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing the environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 21. Violations against
regulations on environmental protection committed by hazardous waste generator
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to prepare periodical reports on the
management of hazardous waste or failing to prepare other irregular reports thereof
at the request of competent state agencies;
b) Providing inaccurate or insufficient information
about hazardous waste transferred in hazardous waste documents as regulated;
c) Failing to make statutory reports to competent
state agencies of storage of hazardous waste for over 06 months as of the
generation of hazardous waste in case of failure to seek for qualified owners/
operators of hazardous waste transport and treatment facilities;
d) Failing to submit hazardous waste documents to competent
agencies as regulated.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to retain used hazardous waste
documents; failing to retain reports on hazardous waste management and other
related documents as regulated;
b) Failing to collect hazardous waste as regulated;
storing hazardous waste outdoor causing the pollution to surrounding
environment.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to prepare hazardous waste documents as
regulated; failing to make online declaration of hazardous waste on the
information system of Vietnam Environment Administration or via email upon the
written request by competent agency;
b) Failing to send written notice to governing
agency of the hazardous waste generator within 06 months as of the termination
of activities generating hazardous waste.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to apply for registration of hazardous
waste generator or failing to apply for re-issuance of register of hazardous
waste generator as regulated.
5. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failing to enter in to contract with a licensed
hazardous waste treatment facility before transferring hazardous waste to it
for treatment as regulated;
b) Failing to transfer hazardous waste to the
licensed hazardous waste treatment facility for collection and treatment as
regulated in case where Department of Natural Resources & Environment of
province/ city refuses to give permission to the hazardous waste generator to
keep the storage of hazardous waste at the place of generation although that
hazardous waste generator has submitted periodical reports thereof that
Department of Natural Resources & Environment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to pack and preserve hazardous wastes in
packing and storage equipment suitable to their types which meet the prescribed
technical requirements;
dd) Failing to allocate or allocating areas for
temporary storage of hazardous waste which fail to meet the prescribed
technical requirements.
6. Penalties for mixing different types of
hazardous waste with each other in case they have different characteristics
and/or must be treated by different treatment methods, or mixing hazardous
waste with non-hazardous waste:
a) Penalties for mixing hazardous waste in the form
of single discarded product or equipment with domestic waste of non-hazardous
industrial waste: A warning shall be issued for committing this violation for
the first time; a fine ranging from VND 5,000,000 to VND 10,000,000 shall be
imposed if this violation is repeated or committed for many times;
b) A fine ranging from VND 10,000,000 to VND
40,000,000 shall be imposed for storing two to five types of hazardous waste in
the form of single discarded product or equipment, or less than 10% by volume
of different types of hazardous waste in packing or equipment storing other
types or groups of hazardous waste with the same characteristics and treatment
methods, or mixing them with domestic waste and/or non-hazardous industrial
waste;
c) A fine ranging from VND 40,000,000 to VND
70,000,000 shall be imposed for storing five to ten types of hazardous waste in
the form of single discarded product or equipment, or 10% to 50% by volume of
different types of hazardous waste in packing or equipment storing other types
or groups of hazardous waste with the same characteristics and treatment
methods, or mixing them with domestic waste and/or non-hazardous industrial
waste;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for storing ten types of hazardous waste in the
form of single discarded product or equipment, or more, or 50% by volume of
different types of hazardous waste, or more, in packing or equipment storing
other types or groups of hazardous waste with the same characteristics and
treatment methods, or mixing them with domestic waste and/or non-hazardous
industrial waste.
7. Penalties for transferring, giving, or selling
hazardous waste to an organizational or individual entity that is not licensed
to treat hazardous waste, except for environmental crimes:
a) A fine ranging from VND 10,000,000 to VND
40,000,000 shall be imposed for transferring, giving, or selling 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, or selling from 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, or selling from 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, or selling from 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, or selling from 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, or selling from 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, or selling 5,000 kg, or
above, of hazardous waste.
8. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for any of the following violations, except for
environmental crimes:
a) Spilling hazardous waste or causing the spill of
hazardous waste into the soil, groundwater, or surface waster resulting in the
environmental pollution;
b) Re-using, preliminarily treating, recycling,
treating, co-incinerating, or recovering energy from hazardous waste without
the approval by a competent agency or inconsistently with contents of the
register of hazardous waste generator;
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9. Penalties for burying, dumping or discharging
hazardous waste in contravention of regulations on environmental protection,
except for environmental crimes:
a) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for burying, dumping or discharging 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 or discharging from 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 or discharging from 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 or discharging from 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 or discharging from 1,000 kg
to less than 1,500 kg of hazardous waste;
e) A fine ranging from VND 350,000,000 to VND
400,000,000 shall be imposed for burying, dumping or discharging from 1,500 kg
to less than 2,000 kg of hazardous waste;
g) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for burying, dumping or discharging from 2,000 kg
to less than 2,500 kg of hazardous waste;
h) A fine ranging from VND 450,000,000 to VND
500,000,000 shall be imposed for burying, dumping or discharging from 2,500 kg
to less than 3,000 kg of hazardous waste.
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a) Transferring, giving or selling persistent
organic substances which must be eliminated as prescribed in Annex A of
Stockholm Convention on Persistent Organic Pollutants in contravention of
prevailing laws;
b) Burying, dumping or discharging persistent
organic substances which must be eliminated as prescribed in Annex A of
Stockholm Convention on Persistent Organic Pollutants into the environment in
contravention of prevailing laws with an amount of less than 3,000 kg.
11. Additional penalties:
a) Suspend the establishment’s activities for 06 -
12 months if any of the violations prescribed in Clause 9 and Clause 10 of this
Article is committed;
b) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clause 9 and
Clause 10 of this Article is committed.
12. Remedial measures:
a) Enforce the dismantlement of the work or work
item which has been built inconsistently with regulations on environmental
protection if the violation prescribed in Point b Clause 8 of this Article is
committed;
b) Enforce the restoration of initial environmental
state if any of the violations prescribed in Point a Clause 8, Clause 9 and
Clause 10 of this Article is committed;
c) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in environmental
technical regulations or causing environmental pollution according to current
norms and prices if any of the violations prescribed in this Article is
committed;
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Article 22. Violations against
regulations on environmental protection with respect to the transport of
hazardous waste
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to strictly implement any of the
following contents included in the set of registration documents enclosed with
the license for treatment of hazardous waste: Procedures for safe operation of
specialized equipment and means, the plan for pollution control and
environmental protection, the occupational safety and health protection plan,
the plan for preventing and coping with environmental events, and the annual
training and drilling plan;
b) Failing to report to licensing agency of changes
in material and technical facilities, key personnel or programs/ plans included
in the set of registration documents enclosed with the license for treatment of
hazardous waste;
c) Failing to send hazardous waste documents to
competent agencies as regulated;
d) Failing to prepare periodical reports on the
management of hazardous waste or other irregular reports thereof at the request
of competent state agencies; sending a report that does not reflect the actual
management of hazardous waste to competent agencies.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to retain used hazardous waste
documents, reports on hazardous waste management and other related documents as
regulated;
b) Failing to prepare and send documents of
cross-border transport of hazardous waste to the hazardous waste generator and
competent agencies as regulated;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to report to the licensing agency before
implementing the Plan for collection, transport and treatment of hazardous
medical waste which is given approval by the Provincial-level People’s
Committee when the waste collection region is not prescribed in the License for
treatment of hazardous waste;
dd) Failing to send a written notice to the
hazardous waste generator of the case where hazardous waste has been
temporarily stored with reasonable reasons for over 03 months but not later
than 06 months as of the date of transferring hazardous waste specified in
relevant hazardous waste documents;
e) Failing to strictly implement the plan for tackling
of pollution and environmental protection upon the termination of transport
operations;
g) Failing to declare and use hazardous waste
documents as regulated; failing to make online declaration of hazardous waste
on the information system of Vietnam Environment Administration or via email
upon the written request by a competent agency.
3. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failing to equip the Global Positioning System
(GPS) tracking units for vehicles transporting hazardous waste as regulated;
b) Failing to enter into a contract with the
hazardous waste generator before carrying out the collection and transport of
hazardous waste as regulated;
c) Failing to enter into a tripartite contract for
transfer of hazardous waste with the hazardous waste generator, the owner of
hazardous waste management facility or the owner of licensed hazardous waste
treatment facility, or entering in a contract with the hazardous waste
generator without the witness and written certification by the owner of
hazardous waste management facility or the owner of hazardous waste treatment
facility as regulated;
d) Failing to submit a written request, enclosed
with the signed contract, to the licensing agency for considering and giving a
written approval before transferring hazardous waste to another hazardous waste
treatment facility.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Collecting and transporting hazardous waste in
regions which are not prescribed in the License for treatment of hazardous
waste;
b) Failing to properly implement any of the
contents prescribed in the License for treatment of hazardous waste, except for
the violations prescribed in Point a Clause 4, Clause 5 and Clause 6 of this
Article;
c) Transporting hazardous waste but failing to
follow the routes, road sections and time prescribed by competent agencies;
d) Failing to meet technical requirements for
specialized means and equipment for collecting, transporting, packing,
preserving and temporarily storing hazardous waste;
dd) Mixing different types of hazardous waste that
can react or interact with each other during the transportation or the
temporary storage; failing to thoroughly collect hazardous waste and storing
hazardous waste outdoor causing the pollution or dispersion of hazardous waste
in surrounding environment.
5. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for any of the following violations:
a) Collecting and transporting types of hazardous
waste other than those in the list of types of hazardous waste prescribed in
the License for treatment of hazardous waste;
b) Collecting and transporting hazardous waste with
in excess of the permissible volume prescribed in the License for treatment of
hazardous waste;
c) Using means of transporting hazardous waste that
are not prescribed in the License for treatment of hazardous waste.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging from VND 10,000,000 to VND
40,000,000 shall be imposed for transferring, giving, or selling 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, or selling from 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, or selling from 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, or selling from 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, or selling from 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, or selling from 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, or selling from 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, or selling 5,000 kg, or
above, of hazardous waste.
7. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for transporting hazardous waste but failing to
obtain a License for treatment of hazardous waste, 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 must be 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-level People’s
Committee, and the transport of hazardous waste from offshore petroleum works
into the land.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for burying, dumping or discharging 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 or discharging from 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 or discharging from 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 or discharging from 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 or discharging from 1,000 kg
to less than 1,500 kg of hazardous waste;
e) A fine ranging from VND 350,000,000 to VND
400,000,000 shall be imposed for burying, dumping or discharging from 1,500 kg
to less than 2,000 kg of hazardous waste;
g) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for burying, dumping or discharging from 2,000 kg
to less than 2,500 kg of hazardous waste;
h) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for burying, dumping or discharging from 2,500 kg to less than
3,000 kg of hazardous waste.
9. A fine ranging from VND 500,000,000 to VND
1,000,000,000 shall be imposed for any of the following violations, except for
environmental crimes:
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b) Burying, dumping or discharging persistent
organic substances which must be eliminated as prescribed in Annex A of the
Stockholm Convention on Persistent Organic Pollutants into the environment in
contravention of prevailing laws with an amount of less than 3,000 kg.
10. Additional penalties:
a) Suspend the License for treatment of hazardous
waste for 03 - 06 months if any of the violations prescribed in Clauses 4, 5
and 6 of this Article is committed;
b) Suspend the collection and transport of
hazardous waste by the owner of hazardous waste treatment facility or the
hazardous waste transporter for 06 - 12 months if any of the violations
prescribed in Clauses 4, 5 and 6 of this Article is committed;
c) Suspend the establishment’s activities for 06 -
12 months if any of the violations prescribed in Clauses 7, 8 and 9 of this
Article is committed;
d) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clause 8 and
Clause 9 of this Article is committed.
11. Remedial measures:
a) Enforce the restoration of initial environmental
state if any of the violations prescribed in Clause 8 and Clause 9 of this
Article is committed;
b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing the environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
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Article 23. Violations against
regulations on environmental protection with respect to the hazardous waste
treatment
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to strictly implement any of the
following contents included in the set of registration documents enclosed with
the License for treatment of hazardous waste: Procedures for safe operation of
specialized equipment and means, the plan for pollution control and
environmental protection, the occupational safety and health protection plan,
the plan for preventing and coping with environmental events, and the annual
training and drilling plan;
b) Failing to implement the program for supervision
and evaluation of hazardous waste treatment results included in the set of
registration documents enclosed with the License for treatment of hazardous
waste;
c) Failing to declare and use hazardous waste
documents as regulated; failing to make online declaration of hazardous waste
on the information system of Vietnam Environment Administration or via email
upon the written request by a competent agency;
d) Failing to transmit hazardous waste documents to
competent agencies as regulated;
dd) Failing to retain used hazardous waste
documents, reports on hazardous waste management and other related documents as
regulated;
e) Failing to report to the licensing agency of
changes in material and technical facilities, key personnel or programs/ plans
included in the set of registration documents enclosed with the license for
treatment of hazardous waste;
g) Failing to employ at least 02 persons who hold
qualifications in environment or chemistry and certificate of hazardous waste
management to take charge of managing or instructing professional and technical
skills;
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2. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failing to prepare periodical reports on the
management of hazardous waste or other irregular reports thereof at the request
of competent state agencies; sending a report that does not reflect the actual
management of hazardous waste to competent agencies;
b) Failing to make a hazardous waste delivery book,
a log of operation of systems, vehicles, and equipment serving hazardous waste
treatment; failing to make a log of quantity, quality, outlets of products
obtained from recycling or treatment of hazardous wastes as regulated;
c) Failing to obtain a written approval from the
competent agency before implementing the Plan for collection, transport and
treatment of hazardous medical waste which is given approval by the
Provincial-level People’s Committee in a region which is not prescribed in the
License for treatment of hazardous waste;
d) Failing to submit a written report to the
competent agency of the change in contents, renewal or termination of contracts
signed with other transporters within the required period as of the date on
which such change, renewal or termination is made;
dd) Failing to send a written notice to the
hazardous waste generator of the case where hazardous waste has been
temporarily stored with reasonable reasons for over 06 months as of the date of
transferring hazardous waste specified in relevant hazardous waste documents;
e) Failing to strictly implement the plan for
tackling of pollution and environmental protection upon the termination of
operations; failing to return the License for treatment of hazardous waste when
terminating operations as regulated.
3. A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Failing to properly implement contents of the
hazardous waste treatment contract;
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c) Failing to store untreated and treated hazardous
waste in specialized equipment in harmony with types of hazardous waste;
specialized equipment serving the storage of hazardous waste, places where
hazardous waste is temporarily stored or equipment serving the hazardous waste
treatment fail to meet technical requirements or technical regulations as
regulated; failing to thoroughly collect hazardous waste and storing hazardous
waste outdoor causing the pollution or dispersion of hazardous waste in
surrounding environment;
d) Failing to formulate and send the Plan for test
running the hazardous waste treatment system in the laboratory to the competent
agency; failing to obtain a written approval for the Plan for test running the
hazardous waste treatment system in the laboratory from the competent agency as
regulated.
4. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for any of the following violations:
a) Receiving and treating hazardous waste
transported by an individual or organization that does not have the License for
treatment of hazardous waste without the approval by a competent agency, 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 must be managed and treated in
accordance with regulations on recall and treatment of expired or discarded
products;
b) Failing to obtain a written approval from the
competent agency before receiving hazardous waste from other transporters;
c) Failing to strictly implement the contents
prescribed in the License for treatment of hazardous waste, except for the
cases prescribed 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 violations:
a) Using specialized facilities and equipment
serving the treatment of hazardous waste that are not prescribed in the License
for treatment of hazardous waste;
b) Treating types of hazardous waste other than
those in the list of types of hazardous waste prescribed in the License for
treatment of hazardous waste;
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d) Treating hazardous waste in excess of the
permissible volume prescribed in the License for treatment of hazardous waste;
dd) Treating hazardous waste but failing to obtain
the License for treatment of hazardous waste as regulated.
6. Penalties for transferring, giving, or selling
hazardous waste to an organizational or individual entity that fails to obtain
a License for treatment of hazardous waste as regulated, except for
environmental crimes:
a) A fine ranging from VND 10,000,000 to VND
40,000,000 shall be imposed for transferring, giving, or selling 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, or selling from 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, or selling from 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, or selling 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, or selling from 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, or selling from 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, or selling 5,000 kg, or
above, of hazardous waste.
7. Penalties for burying, dumping or discharging
hazardous waste in contravention of regulations on environmental protection,
except for environmental crimes:
a) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for burying, dumping or discharging 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 or discharging from 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 or discharging from 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 or discharging from 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 or discharging from 1,000 kg
to less than 1,500 kg of hazardous waste;
e) A fine ranging from VND 350,000,000 to VND
400,000,000 shall be imposed for burying, dumping or discharging from 1,500 kg
to less than 2,000 kg of hazardous waste;
g) A fine ranging from VND 400,000,000 to VND
450,000,000 shall be imposed for burying, dumping or discharging from 2,000 kg
to less than 2,500 kg of hazardous waste;
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8. A fine ranging from VND 500,000,000 to VND
1,000,000,000 shall be imposed for any of the following violations, except for
environmental crimes:
a) Transferring, giving or selling persistent
organic substances which must be eliminated as prescribed in Annex A of the
Stockholm Convention on Persistent Organic Pollutants in contravention of
prevailing laws;
b) Burying, dumping or discharging persistent
organic substances which must be eliminated as prescribed in Annex A of the
Stockholm Convention on Persistent Organic Pollutants into the environment in
contravention of prevailing laws with an amount of less than 3,000 kg.
9. Additional penalties:
a) Suspend the License for treatment of hazardous
waste for 01 - 03 months if any of the violations prescribed in Clause 3 and
Clause 4 of this Article is committed;
b) Suspend the License for treatment of hazardous
waste for 03 - 06 months if any of the violations prescribed in Points a, b, c
and d Clause 5 and Clause 6 of this Article is committed;
c) Suspend the establishment’s activities for 06 -
12 months if any of the violations prescribed in Point dd Clause 5 and Clause 7
of this Article is committed;
d) Suspend the establishment’s activities for 12 -
24 months if any of the violations prescribed in Clause 8 of this Article is
committed;
dd) Confiscate the exhibits and instrumentalities
of administrative violations if any of the violations prescribed in Clause 7
and Clause 8 of this Article is committed.
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a) Enforce the restoration of initial environmental
state if any of the violations prescribed in Clause 7 and Clause 8 of this
Article is committed;
b) Enforce the payment of costs for conducting inspection,
assessment, measurement and analysis of environmental samples for discharging
waste in excess of the permissible limits prescribed in environmental technical
regulations or causing the environmental pollution according to current norms
and prices if any of the violations prescribed in this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the required
period as regulated by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in this Article is committed.
Article 24. Violations against
regulations on environmental protection with respect to the import of used
seagoing ships for dismantlement, or the import of machinery, equipment, means
of transport, materials, or fuels
1. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for importing machinery, equipment, means of
transport (except for used seagoing ships for dismantlement), materials or
fuels but failing to comply with environmental technical regulations or in
contravention of the 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
means of transport (except for used seagoing ships for dismantlement) which may
cause the pollution, deterioration or environmental emergencies through the
territory of the Socialist Republic of Vietnam without the permission from the
competent environment agency.
3. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for importing any of the ozone-depleting
substances as prescribed by the international treaties to which the Socialist
Republic of Vietnam is a member.
4. Penalties for importing used seagoing ships for
dismantlement or dismantling the used seagoing ships in contravention of
regulations on environmental protection, except for environmental crimes:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to employ persons who possess
certificate of training in environmental protection as regulated;
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c) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to have a decision on approval for the
environmental protection plan from a competent agency before dismantling each
ship;
d) A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for performing the dismantlement of used seagoing
ships but failing to meet requirements for material and technical facilities;
dd) A fine ranging from VND 500,000,000 to VND
600,000,000 shall be imposed for importing used seagoing ships for
dismantlement although it fails to satisfy prescribed conditions thereof;
e) A fine ranging from VND 800,000,000 to VND
900,000,000 shall be imposed for importing types of used seagoing ships for
dismantlement other than the licensed types;
g) A fine ranging from VND 900,000,000 to VND
1,000,000,000 shall be imposed for importing used seagoing ships which have
been contaminated with radioactive substances, germs or other toxic substances
but are not yet washed or may not be cleaned for dismantlement.
5. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clauses 1, 2
and 3 of this Article is committed;
b) Suspend the import and/or dismantlement of used
seagoing ships for 06 - 09 months if any of the violations prescribed in Points
d, dd, e and g Clause 4 of this Article is committed.
6. Remedial measures:
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b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing the environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 25. Violations against
regulations on environmental protection in import of scrap
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to submit the annual report on the
import and use of scrap to the competent agency as regulated by laws.
2. Penalties for violations in import of scrap for
use as raw production materials:
a) A fine ranging from VND 100,000,000 to VND
130,000,000 shall be imposed for having storage for imported scrap failed to
meet requirements for environmental protection;
b) A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for failing to have storage for imported scrap as
regulated;
c) A fine ranging from VND 150,000,000 to VND
170,000,000 shall be imposed if technologies and equipment for recycling and
reuse of scrap, and treatment of impurities from scrap do not meet requirements
thereof prescribed in the environmental technical regulations as per laws;
d) A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for importing an amount of scrap in excess of the
licensed amount specified in the Certificate of eligibility for environmental
protection in import of scrap for use as raw production materials;
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e) A fine ranging from VND 230,000,000 to VND
250,000,000 shall be imposed for importing types of scrap other than the
licensed types specified in the Certificate of eligibility for environmental
protection in import of scrap for use as raw production materials.
a) A fine ranging from VND 100,000,000 to VND
130,000,000 shall be imposed for storing imported scrap in storage that does
not meet requirements for environmental protection as regulated;
b) A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for importing an amount of scrap in excess of the
licensed amount specified in the Certificate of eligibility for environmental
protection in import of scrap for use as raw production materials;
c) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for transferring imported scrap to entrusting
organization/ individual inconsistently with the entrustment agreement; using
the imported scrap inconsistently with the Certificate of eligibility for
environmental protection in import of scrap for use as raw production materials;
d) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for importing types of scrap other than the
licensed types specified in the Certificate of eligibility for environmental
protection in import of scrap for use as raw production materials.
4. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for failing to pay costs for handling imported
scrap in case where the deposited amount is not enough to handle imported scrap
in violation of regulations on environmental protection.
5. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for any of the following violations against
regulations on temporary import or transit of scrap:
a) Removing, opening, using and dispersing scrap
during the transportation or storage within the territory of the Socialist
Republic of Vietnam;
b) Causing change in the nature and volume of
scrap;
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6. Penalties for importing scrap containing a
certain amount of impurities in excess of the licensed limit prescribed in the
national technical regulation on environment with respect to imported scrap:
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
persistent organic substances which must be eliminated as prescribed in Annex A
of the Stockholm Convention on Persistent Organic Pollutants is less than 200
kg, or total amount of impurities which are other types of waste is less than
1,000 kg;
b) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed if total amount of impurities which are hazardous
waste or persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
200 kg to less than 300 kg, or total amount of impurities which are other types
of waste is from 1,000 kg to less than 5,000 kg;
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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
300 kg to less than 400 kg, or total amount of impurities which are other types
of waste is from 5,000 kg to 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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
400 kg to less than 500 kg, or total amount of impurities which are other types
of waste is from 10,000 kg to 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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
500 kg to less than 600 kg, or total amount of impurities which are other types
of waste is from 20,000 kg to 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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
600 kg to less than 700 kg, or total amount of impurities which are other types
of waste is from 30,000 kg to 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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
700 kg to less than 800 kg, or total amount of impurities which are other types
of waste is from 40,000 kg to 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 persistent organic substances which must be eliminated as prescribed
in Annex A of the Stockholm Convention on Persistent Organic Pollutants is from
800 kg to less than 900 kg, or total amount of impurities which are other types
of waste is from 50,000 kg to less than 60,000 kg;
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7. A fine ranging from VND 900,000,000 to VND
1,000,000,000 shall be imposed for importing or transiting scrap containing
radioactive substances or types of scrap which are not in the List of types of
scrap permitted to be imported, except for environmental crimes.
8. Additional penalties:
a) Suspend the Certificate of eligibility for
environmental protection in import of scrap for use as raw production materials
for 03 - 06 months if any of the violations prescribed in Clause 2 and Clause 3
of this Article is committed;
b) Suspend the Certificate of eligibility for
environmental protection in import of scrap for use as raw production materials
for 06 - 09 months if the violation prescribed in Clause 4 of this Article is
committed;
c) Suspend the Certificate of eligibility for
environmental protection in import of scrap for use as raw production materials
for 09 - 12 months if any of the violations prescribed in Clause 6 and Clause 7
of this Article is committed.
9. Remedial measures:
a) Enforce the re-export or destruction of imported
scrap if any of the violations prescribed in Clauses 4, 5, 6 and 7 of this
Article is committed. Confiscate and handle valuable products upon the
destruction in accordance with the law;
b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
importing scrap in violation of the environmental technical regulations or
causing the environmental pollution according to current norms and prices if
any of the violations prescribed in this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
period regulated by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in this Article is committed.
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1. Penalties for selling biological products
inconsistently with the contents in the Certificate of marketing authorization
of biological products for waste treatment in Vietnam:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for violations against regulations on forms,
packaging contents and label of registered biological products;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations on ingredients
of biological products;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for changing origin of microbial strain with
respect to biological products;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for violations against regulations on properties
and efficacy of biological products;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for violations against regulations on industrial
property rights over biological products.
2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for selling biological products for waste treatment
in Vietnam but failing to obtain the Certificate of marketing authorization of biological
products for waste treatment in Vietnam or when the Certificate expires.
3. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for importing biological products for waste
treatment but failing to obtain the Certificate of marketing authorization of
biological products for waste treatment in Vietnam.
4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for producing biological products for waste
treatment for commercial purposes (except for research or testing purposes) but
failing to have the Certificate of marketing authorization of biological
products for waste treatment in Vietnam granted by a competent agency.
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a) Suspend the Certificate of marketing
authorization of biological products for waste treatment in Vietnam for 03 - 06
months if any of the violations prescribed in Clause 1 of this Article is
committed;
b) Suspend the establishment’s activities if any of
the violations prescribed in Clauses 2, 3 and 4 of this Article is committed.
6. Remedial measures:
a) Enforce the re-export or destruction of goods
and/or biological products imported or brought into Vietnam in contravention of
regulations on environmental protection if the violation prescribed in Clause 3
of this Article is committed;
b) Enforce the recall and destruction of biological
products illegally produced, sold or used if any of the violations prescribed
in Clause 2 and Clause 4 of this Article is committed;
c) Enforce the transfer of illegal benefits
obtained from any of the administrative violations prescribed in this Article.
Article 27. Violations against
regulations on protection of marine environment
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the owner of ship/ vessel or facility storing
goods at sea posing risk of causing environmental emergencies fails to report
to the national rescue and salvage force, the coast guard force and/or other
relevant organizational/ individual entities as regulated.
2. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed if the organization/ individual performing mining
activities or the owner of vessel/ ship transporting petroleum, oil, chemicals,
radioactive substances or other toxic substances at sea fails to have plan, personnel
and equipment for preventing and coping with environmental emergencies.
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a) Exploiting marine resources and performing other
activities relating to the extraction and use of marine resources in
contravention of the approved plan on use of natural resources;
b) Performing activities in wildlife sanctuaries,
mangrove forests, or marine natural heritages in contravention of regulations
of the management boards thereof, regulations of the law on environmental
protection and other relevant laws;
c) Failing to treat waste and other polluting
elements generated from the production, trading, service provision,
construction, transport or exploitation at sea in conformity with the
environmental technical regulations;
d) Keeping or storing means of transport, treasures
or oil and gas extraction works at sea over the prescribed duration for
handling;
dd) Failing to collect, store and treat hazardous
waste generated from the exploration and extraction of marine resources, or the
dismantlement of means of transport at sea as regulated.
4. A fine ranging from VND 150,000,000 to VND
250,000,000 shall be imposed for any of the following violations, except for environmental
crimes:
a) Pouring non-hazardous waste which is generated
from vessels/ ships or offshore drilling platforms and is not treated as
regulated, or waste which is not treated in conformity with technical
regulations on waste into the sea;
b) Discharging land-sourced solid waste into the
sea without the written approval granted by a competent environment agency as
regulated;
c) Discharging waste generated from dredging
activities into the sea without the written approval granted by a competent environment
agency as regulated.
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6. A fine ranging from VND 500,000,000 to VND
1,000,000,000 shall be imposed for discharging hazardous waste or waste
containing radioactive substances into the coastal zone of the Socialist
Republic of Vietnam, except for environmental crimes.
7. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clauses 4, 5
and 6 of this Article is committed.
8. Remedial measures:
a) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
b) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
period regulated by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in this Article is committed.
Article 28. Violations against
regulations on environmental protection in public areas, urban areas and
residential areas
1. A warning shall be issued for failing to post
regulations on environmental hygiene at public areas.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations against
regulations on management of parks, recreational and entertainment parks,
festivals, tourist resorts, markets, train stations, coach stations, wharves,
ports, ferries and other public areas:
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b) Failing to collect waste within management areas
as regulated.
3. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed if the investor hands over his newly built urban
area, concentrated residential area, or apartment building for use but fails to
properly and fully meet any of the following requirements for environmental
protection:
a) Failing to build technical infrastructure for
environmental protection in conformity with the plan for urban areas and
residential areas given approval by competent agencies;
b) Failing to equip devices and equipment for
collecting domestic solid waste which must be suitable for the volume and types
of waste and capable of receiving waste which has been sorted at source from
households in the residential area;
c) Failing to meet requirements for urban landscape
and environmental hygiene;
d) Failing to build rainwater drainage system and
wastewater system which must be built separately from each other in conformity
with the plan on wastewater drainage and environmental protection of the
residential area;
dd) Failing to set up a location for gathering
domestic waste in order to ensure the environmental hygiene;
e) Failing to build the wastewater treatment system
in conformity with environmental technical regulations.
4. Additional penalties:
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5. Remedial measures:
a) Enforce the construction of the environmental
protection works as regulated within the period determined by the person who
has the power to impose penalties and specified in the decision on imposition
of penalties for administrative violations if any of the violations prescribed
in Point d Clause 1 and Clause 3 of this Article is committed;
b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing the environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
c) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 29. Violations against
regulations on protection of soil environment
1. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed if any of the establishments prescribed in Clause 2
Article 12 of the Government’s Decree No. 19/2015/ND-CP dated February 14, 2015
elaborating the implementation of a number of articles of the Law on
environmental protection fails to conduct the periodical soil environmental
monitoring and submit the report on results thereof to the competent agency.
2. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for failing to implement measures to control
elements prone to cause the pollution of soil environment at the establishment
of producer, business or service provider.
3. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed if any of the establishments prescribed in Clause
2 Article 12 of the Government’s Decree No. 19/2015/ND-CP does not conduct the
soil environmental quality assessment or does not make the announcement of
information between land users when they carry out the change of land use
purpose to residential land or commercial land.
4. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed if any of the establishments prescribed in Clause
2 Article 12 of the Government’s Decree No. 19/2015/ND-CP fails to obtain a
written certification from competent agencies to certify that the land quality
is suitable for using as commercial or residential land when they carry out the
change of land use purpose.
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6. Remedial measures:
Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 30. Violations against
regulations on operation or residence in banned areas as announced by competent
agencies due to environmental factors there posing serious danger to human
health and life
1. A warning shall be issued for illegally living
in banned areas as announced by competent agencies due to environmental factors
there posing serious danger to human health and life.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for illegally performing activities in banned areas
as announced by competent agencies due to environmental factors there posing
serious danger to human health and life.
3. Remedial measures:
Enforce the moving out of banned areas within the
period determined by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in this Article is committed.
Article 31. Violations against
regulations on recall and treatment of discarded products
1. A warning shall be issued to the consumer who
does not carry discarded products to the dedicated points of recall.
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3. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for collecting discarded products from consumers but
failing to transfer them to points of recall as regulated.
4. Penalties for violations against regulations on
recall and treatment of discarded products:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed failing to formulate plan for recall of discarded
products which have been sold at the Vietnamese market, failing to submit
regular reports to competent agencies as regulated or failing to disclose
information about the list of points of recall as regulated;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if points of recall do not meet requirements in
environmental technical regulations;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for failing to establish points or the system of
points of recall of discarded products as regulated;
d) A fine ranging from VND 40,000,000 to VND
80,000,000 shall be imposed on the manufacturer who fails to receive and treat
its discarded products which have been sold on the market or recalled by other
manufacturers upon request;
dd) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to carry out treatment, re-using or
failing to transfer discarded products which have been recalled to competent
agencies for treatment as per regulations.
5. A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for any of the violations prescribed in Clause 3
and Clause 4 of this Article if it causes the environmental pollution.
6. Remedial measures:
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b) Enforce the application of remedial measures for
environmental pollution if the violation prescribed in this Article is
committed.
Article 32. Violations against
regulations on environmental improvement and restoration in mining
1. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for improperly implementing or failing to
implement any of the contents of the environmental improvement and restoration
plan as regulated.
2. A fine ranging from VND 120,000,000 to VND
150,000,000 shall be imposed for failing to obtain the Certificate of
completion of each part or the entire of the environmental improvement and
restoration plan as regulated.
3. A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for failing to have the environmental improvement and
restoration plan as regulated approved by a competent agency.
4. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for failing to conduct the improvement or
restoration of environment upon the completion of each mining phase or all
mining activities according to the approved environmental improvement and
restoration plan.
5. Additional penalties:
Suspend mining activities for 06 - 12 months if any
of the violations prescribed in Clauses 2, 3 and 4 of this Article is
committed.
6. Remedial measures:
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b) Enforce the proper implementation of all
contents about the environmental improvement and restoration within the period
regulated by the person who has the power to impose penalties and specified in
the decision on imposition of penalties for administrative violations if the
violation prescribed in Clause 4 of this Article is committed;
c) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
d) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof within the
required period as regulated by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 33. Violations against
regulations on oil spill response
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for causing the oil spill accidents or failing to
timely report to the competent agency in charge of receiving oil spill-related
information upon the detection of oil spill accidents as regulated.
2. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failing to organize training courses or appoint
employees taking charge of responding to oil spills to attend training courses
for the purpose of improving their skills in oil spill response;
b) Failing to organize practice and training in oil
spill response skills in accordance with regulations.
3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to submit reports on oil spill response
as regulated.
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a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the manager or employee directly involving in
the production, trading, transport or storage of petrol, oil or liquefied
petroleum gas does not have Certificate of training in environmental
protection;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to invest or failing to enter into
contracts for oil spill response with the establishments having means and
equipment for oil spill response or the regional oil spill response centers at
a level in corresponding with the oil-spill occurrence rates in regions under
their responsibility with the aim of timely mobilizing means, equipment and
materials to respond to any oil spills as regulated.
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to maintain the preparedness to provide
means, equipment and materials to respond to oil spills at the request of
competent agencies;
d) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to have the oil spill response plan
approved by the district-level people’s committee as regulated;
dd) A fine ranging from VND 50,000,000 to VND 60,000,000
shall be imposed for failing to formulate the plan for response to oil spills
and arrange personnel to take charge of timely and effectively preventing and
responding to oil spills at a level in corresponding with the oil-spill
occurrence rate due to their own activities as regulated.
5. Penalties for violations involving activities of
investors in ports, owners of establishments and project owners that have risk
of causing oil spills:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to invest or failing to enter into
contracts for oil spill response with the establishments having means and
equipment for oil spill response or the regional oil spill response centers at
a level in corresponding with the oil-spill occurrence rates in regions under
their responsibility with the aim of mobilizing means, equipment and materials
for responding to any oil spills as regulated;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to maintain the preparedness to provide
means, equipment and materials to respond to oil spills at the request of
competent agencies;
c) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to have the oil spill response plan
approved by the provincial-level people’s committee as regulated;
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6. Penalties for violations involving offshore
petroleum activities that have risk of causing oil spills:
a) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to invest or failing to enter into
contracts for oil spill response with the establishments having means and
equipment for oil spill response or the regional oil spill response centers at
a level in corresponding with the oil-spill occurrence rates in regions under
their responsibility with the aim of mobilizing means, equipment and materials
for responding to any oil spills as regulated;
b) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to maintain the preparedness to provide
means, equipment and materials to respond to oil spills at the request of
competent agencies;
c) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for failing to have the oil spill response plan
approved by the National Committee for Search and Rescue as regulated;
d) A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for failing to formulate the plan for response to
oil spills and arrange personnel to take charge of timely and effectively
preventing and responding to oil spills at a level in corresponding with the
oil-spill occurrence rate due to their own activities as regulated.
7. Penalties for violations involving activities of
oil tankers that have risk of causing oil spills:
a) A fine ranging from VND 25,000,000 to VND
35,000,000 shall be imposed for failing to have the Plan for tanker-sourced oil
and chemical pollution response approved by a competent agency as regulated;
b) A fine ranging from VND 35,000,000 to VND
45,000,000 shall be imposed for failing to have the Plan for transfer of oil
between oils tankers at sea approved by a competent agency as regulated;
c) A fine ranging from VND 45,000,000 to VND
55,000,000 shall be imposed for failing to formulate the Plan for response to
oil spills and toxic chemical accidents in order to instruct and assist oil
tankers occurring oil spills in responding to oil spills;
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8. Penalties for causing oil conflagration or oil
spills, except for environmental crimes:
a) A fine ranging from VND 40,000,000 to VND
80,000,000 shall be imposed if the amount 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 amount of oil is from 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 amount of oil is from 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 amount of oil is from 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 amount of oil is from 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 amount of oil is from 100,000 kg to less
than 200,000 kg;
g) A fine ranging from VND 550,000,000 to VND
650,000,000 shall be imposed if the amount of oil is from 200,000 kg to less
than 300,000 kg;
h) A fine ranging from VND 650,000,000 to VND
750,000,000 shall be imposed if the amount of oil is from 300,000 kg to less
than 400,000 kg;
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k) A fine ranging from VND 850,000,000 to VND
950,000,000 shall be imposed if the amount of oil is 500,000 kg or above.
9. Penalties for failing to implement measures for
remedying oil conflagration or oil spill, or failing to make compensation for
damage caused by the oil pollution:
a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed if the amount 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 amount of oil is from 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 amount of oil is from 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 amount of oil is from 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 amount of oil is from 50,000 kg to less
than 100,000 kg;
e) A fine ranging from VND 500,000,000 to VND
600,000,000 shall be imposed if the amount of oil is from 100,000 kg to less
than 200,000 kg;
g) A fine ranging from VND 600,000,000 to VND
700,000,000 shall be imposed if the amount of oil is from 200,000 kg to less
than 300,000 kg;
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i) A fine ranging from VND 800,000,000 to VND
900,000,000 shall be imposed if the amount of oil is from 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 amount of oil is 500,000 kg or above.
10. Remedial measures:
a) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
causing oil spills or environmental pollution according to current norms and
prices if any of the violations prescribed in this Article is committed;
b) Enforce the application of remedial measures for
environmental pollution and submission of report on results thereof and/or enforce
the compensation for damage caused by the oil pollution as regulated within the
period regulated by the person who has the power to impose penalties and
specified in the decision on imposition of penalties for administrative
violations if any of the violations prescribed in Clause 8 and Clause 9 of this
Article is committed.
Article 34. Violations against
regulations on transport of dangerous goods, prevention and response to
environmental emergencies, and environmental protection in respect of chemicals,
pesticides and veterinary medicine
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations involving the
transport of dangerous goods:
a) Failing to make reports on the transport of
dangerous goods in accordance with regulations;
b) Committing violations against regulations on
eligibility requirements for transport of dangerous goods; failing to use
specialized equipment and vehicles transporting dangerous goods as regulated;
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d) Failing to comply with procedures for cleaning
vehicles transporting dangerous goods or failing to clean vehicles transporting
dangerous goods at prescribed places;
dd) Transporting dangerous goods without the
License to transport dangerous goods being toxic or infectious substances as
regulated.
2. Penalties for violations against regulations on
prevention and response to environmental emergencies in production, business
and service provision sectors:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to report the discovered environmental
emergency to the nearest environment agency or competent state agency;
b) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failing to properly implement the Plan for
prevention and response to environmental emergencies; failing to submit reports
on response and handling of an occurred environmental emergency to competent
environment agency;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to formulate plans for prevention and
response to environmental emergencies as regulated;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failing to maintain qualified personnel and
equipment and failing to organize training and drilling courses in prevention
and response to environmental emergencies as regulated;
dd) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to formulate plan and adopt measures
for preventing and responding to environmental emergencies in exploration,
mining and processing of minerals; failing to comply or improperly complying
with orders for emergency mobilization of personnel, materials and equipment
for responding to environmental emergencies;
e) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to implement measures under their
responsibility in order to timely respond and handle environmental emergencies;
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h) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for committing the violation prescribed in Point g
of this Clause but failing to respond and handle environmental emergencies or
resulting the occurrence of the environmental pollution, or failing to make
compensation for damage caused by such environmental emergencies as regulated
by laws, except for environmental crimes.
3. Penalties for violations against regulations on
environmental protection in respect of chemicals, pesticides and veterinary
medicine:
a) A fine ranging from VND 10,000,000 to VND 15,000,000
shall be imposed for failing to apply for registration of chemical emission, or
failing to inventory, report and manage information about chemicals, pesticides
and veterinary medicines as regulated; using chemicals, pesticides and/ or
veterinary medicines in contravention to regulations resulting in the
environmental pollution;
b) A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed for failing to conduct the environmental monitoring
with respect of hazardous chemicals as regulated or at the request of a
competent agency;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failing to assess and control chemical
emissions as regulated;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for using chemicals, pesticides and/ or veterinary
medicines which have been expired or are not in the list of chemicals,
pesticides or veterinary medicines permitted to be used resulting in the
environmental pollution;
dd) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for importing chemicals and/or containers of
hazardous chemicals which fail to meet requirements for environmental
protection.
4. Additional penalties:
a) Suspend the License to transport dangerous goods
being toxic or infectious substances for 01 - 03 months if any of the
violations prescribed in Point b Clause 1 of this Article is committed;
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c) Suspend the establishment’s activities causing
the environmental pollution for 03- 06 months if the violation prescribed in
Point g Clause 2 of this Article is committed;
d) Suspend the establishment’s activities for 06 -
09 months if the violation prescribed in Point h Clause 2 of this Article is
committed;
dd) Suspend the establishment’s activities causing
the environmental pollution for 09- 12 months if any of the violations
prescribed in Points c, d and dd Clause 3 of this Article is committed.
5. Remedial measures:
Enforce the application of remedial measures for
environmental pollution and submission of report of results thereof, or enforce
the handling of environmental emergencies within the required period as regulated
by the person who has the power to impose penalties and specified in the
decision on imposition of penalties for administrative violations if any of the
violations prescribed in Point g and Point h Clause 2 of this Article is
committed.
Article 35. Violations against
regulations on payment of environmental protection fee, environmental
improvement and restoration deposits in mining activities, and insurance
against compensation for environmental damage
1. Penalties for violations against regulations on
environmental protection fee shall comply with regulations in the Government’s
Decree on penalties for administrative violations against regulations on
management of prices, fees, charges and invoices. The fine imposed for each
violation against regulations on environmental protection fee shall not exceed
VND 1,000,000,000.
2. A fine of 0.05% of the environmental improvement
and restoration deposit which is unpaid per day shall be imposed for making
late payment of deposit as regulated.
3. A fine between two and three times the required
deposit shall be imposed for failing to make payment of the prescribed
environmental improvement and restoration deposit. Total fine imposed for each
violation shall not exceed VND 1,000,000,000.
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5. Remedial measures:
a) Collect the unpaid or evaded amount of
environmental protection fee as of the time of owing or evasion of
environmental protection fee (the collected amount shall be calculated
according to the result of analysis of waste sample made by the competent
agency in charge of inspecting and imposing penalties as regulated by laws) if
the violation prescribed in Clause 1 of this Article is committed;
b) Enforce the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples for
discharging waste in excess of the permissible limits prescribed in
environmental technical regulations or causing the environmental pollution
according to current norms and prices if any of the violations prescribed in
this Article is committed;
c) Enforce the payment of environmental improvement
and restoration deposits in mining activities; enforce the purchase of
insurance against compensation for environmental damage and setting aside of
the provision fund for environmental risks if any of the violations prescribed
in Clause 3 and Clause 4 of this Article is committed.
Article 36. Violations against
regulations on collection, management and use of environmental data and
information
1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for illegally obstructing the monitoring,
collection, exchange and use of environmental data and information.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Providing environmental data/ information or
environmental monitoring results in contravention of prescribed function and
competence;
b) Failing to disclose, provide or announce
environmental data and information in production, business and service
provision sectors as regulated.
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4. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for any of the following violations:
a) Failing to make statistics of or store data on
impacts on environment, and waste generated from production and business
activities, and service provision as regulated;
b) Failing to sufficiently submit data on
environmental monitoring and inspection, and other relevant documents to
competent agencies as regulated.
5. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for deleting environmental data and information
and/or environmental monitoring results.
6. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for providing false environmental data/
information or false environmental monitoring results to competent agencies as
regulated by laws.
7. Remedial measures:
Enforce the correction of false or misleading
information about the environmental conditions if any of the violations
prescribed in Clauses 2, 4, 5 and 6 of this Article is committed.
Article 37. Violations against
regulations on protection and use of facilities, equipment and means 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 violations:
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b) Growing plants to cause adverse influence on the
technical safety corridor of the environmental protection work.
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 which causes adverse influence on the
technical safety corridor of the environmental protection work.
4. A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for causing damage to machinery, equipment and
environmental protection work.
5. Remedial measures:
a) Enforce the dismantlement or relocation of works
or plants within the period determined by the person who has the power to
impose penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in Clause 1 and
Clause 3 of this Article is committed;
b) Enforce the restoration of initial environmental
state within the period determined by the person who has the power to impose
penalties and specified in the decision on imposition of penalties for
administrative violations if any of the violations prescribed in this Article
is committed.
Article 38. Violations against
regulations on environmental monitoring activities
1. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for changing any of the conditions in the
application for which the Certificate of eligibility for provision of
environmental monitoring service has been issued but failing to send a written
notice to competent agency as regulated.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for conducting environmental monitoring activities
when any of the conditions in the application for which the Certificate of eligibility
for provision of environmental monitoring service has been issued is changed
resulting in failure to maintain the satisfaction of prescribed requirements.
4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Providing data on waste monitoring or
environmental supervision inconsistently with the existing pollution or
environmental status of organizational/ individual entity;
b) Colluding with organizational/ individual
entities in making false report on results of waste monitoring or environmental
supervision with the aim of ensuring the compliance with environmental
technical regulations;
c) Providing, selling or giving data on waste
monitoring or environmental supervision results of organizational/ individual
entity in contravention of law regulations.
5. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for failing to have a Certificate of eligibility
for provision of environmental monitoring service (with respect of each
monitoring parameter or content) as prescribed or conducting environmental
monitoring activities when the Certificate of eligibility for provision of
environmental monitoring service has been expired.
6. Additional penalties:
a) Suspend the Certificate of eligibility for
provision of environmental monitoring service for 03 - 06 months if any of the
violations prescribed in Clause 2 and Clause 3 of this Article is committed;
b) Suspend the Certificate of eligibility for
provision of environmental monitoring service for 06 – 12 months if the
violation prescribed in Point a Clause 4 of this Article is committed;
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d) Suspend illegal environmental monitoring
activities if the violation prescribed in Clause 5 of this Article is
committed.
Article 39. Violations against
regulations on conservation and sustainable development of natural ecosystems
1. A warning shall be issued for failing to submit
regular reports on the sanctuary’s biodiversity status to a competent agency as
regulated.
2. Penalties for building works, houses or tents
without the license granted by competent agencies in ecological restoration
regions or strictly protected zones of sanctuaries:
a) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for transporting materials and/or equipment for building work,
house or tent in the sanctuary’s ecological restoration region;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for transporting materials and/or equipment for
building work, house or tent in the sanctuary’s strictly protected zone;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for building work, house or tent in the sanctuary’s
ecological restoration region;
d) A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for building work, house or tent in the sanctuary’s
strictly protected zone;
dd) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for conducting minerals surveys, exploration and
mining of minerals; breeding cattle or poultry with a scale of breeding farm,
or carrying out aquaculture activities with an industrial scale causing the
environmental pollution in the sanctuary's strictly protected zone and
ecological restoration region.
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a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for act of violation causing damage to less than 200
m2 of land, wetland or water surface at areas outside the
sanctuary’s strictly protected zone;
b) A fine ranging from VND 5,000,000 to VND 20,000,000
shall be imposed for act of violation causing damage to between 200 m2 and
400 m2 of land, wetland or water surface at areas outside the
sanctuary’s strictly protected zone;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for act of violation causing damage to between 400
m2 and 800 m2 of land, wetland or water surface at areas
outside the sanctuary’s strictly protected zone;
d) A fine ranging from VND 40,000,000 to VND
80,000,000 shall be imposed for act of violation causing damage to between 800
m2 and 1,200 m2 of land, wetland or water surface at
areas outside the sanctuary’s strictly protected zone;
dd) A fine ranging from VND 80,000,000 to VND
150,000,000 shall be imposed for act of violation causing damage to between
1,200 m2 and 1,500 m2 of land, wetland or water surface
at areas outside the sanctuary’s strictly protected zone, or act of violation
causing damage to less than 100 m2 of land, wetland or water surface
in the sanctuary’s strictly protected zone;
e) A fine ranging from VND 150,000,000 to VND
250,000,000 shall be imposed for act of violation causing damage to between
1,500 m2 and 2,000 m2 of land, wetland or water surface
at areas outside the sanctuary’s strictly protected zone, or act of violation
causing damage to between 100 m2 and 200 m2 of land,
wetland or water surface in the sanctuary’s strictly protected zone;
g) A fine ranging from VND 250,000,000 to VND
400,000,000 shall be imposed for act of violation causing damage to 2,000 m2,
or above, of land, wetland or water surface at areas outside the sanctuary’s
strictly protected zone, or act of violation causing damage to between 200 m2
and 300 m2 of land, wetland or water surface in the sanctuary’s
strictly protected zone.
4. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clause 2 and
Clause 3 of this Article is committed.
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a) Enforce the restoration of initial environmental
state, including the replanting, caring and protection of destroyed sanctuary
area; enforce the restoration of biotope for animals if any of the violations
prescribed in this Article is committed;
b) Enforce the dismantlement of the work, house or
tent which has been illegally built if any of the violations prescribed in
Clause 2 of this Article is committed.
Article 40. Violations against
regulations on species of wild flora, plant varieties, fungi and microorganisms
in the List of endangered, precious and rare species prioritized protection
1. A warning shall be issued for planting or
propagating species of wild flora, plant varieties, fungi and microorganisms in
the List of endangered, precious and rare species prioritized protection
without notification as regulated by laws.
2. Penalties for illegally exploiting plant
varieties, fungi and microorganisms in the List of endangered, precious and
rare species prioritized protection; illegally storing, transporting or trading
plant varieties, fungi and microorganisms in the List of endangered, precious
and rare species prioritized protection:
a) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed if the exhibits of violation are worth less than VND
500,000;
b) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed if the exhibits of violation are worth from VND
500,000 to less than VND 1,500,000;
c) A fine ranging from VND 5,000,000 to VND
15,000,000 shall be imposed if the exhibits of violation are worth from 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 shall be imposed if the exhibits of violation are worth from VND
5,000,000 to less than VND 10,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) A fine ranging from VND 60,000,000 to VND
120,000,000 shall be imposed if the exhibits of violation being plant
varieties, fungi and/or microorganisms are worth VND 20,000,000 or above; or if
the exhibits of violation are worth from VND 20,000,000 to less than VND
30,000,000.
3. Penalties for illegally exploiting species of
wild flora in the List of endangered, precious and rare species prioritized
protection:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed if the exhibits of violation are worth less than VND
1,000,000;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the exhibits of violation are worth from VND
1,000,000 to less than VND 2,000,000;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the exhibits of violation are worth from VND
2,000,000 to less than VND 5,000,000;
d) A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed if the exhibits of violation are worth from 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 exhibits of violation are worth from 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 exhibits of violation are worth from VND
20,000,000 to less than VND 30,000,000, or if the volume of timber which is the
exhibit of violation is less than 0.5 m3.
4. A fine ranging from VND 60,000,000 to VND
120,000,000 shall be imposed for illegally storing, transporting, processing or
trading species of wild flora in the List of endangered, precious and rare
species prioritized protection worth from VND 20,000,000 to less than VND
30,000,000 or with the volume of timber of less than 0.5 m3.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clauses 1, 2,
3 and 4 of this Article is committed.
Article 41. Violations against
regulations on protection of wild species in strictly protected zones of
sanctuaries, except for sanctuaries of special-use forest system and marine
sanctuaries
1. Penalties for illegally exploiting wild species
which are not in the List of endangered, precious and rare species prioritized
protection in the sanctuary’s strictly protected zone:
a) A warning or a fine ranging from VND 100,000 to
VND 500,000 shall be imposed if the exhibits of violation are worth less than
VND 500,000;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the exhibits of violation are worth from VND
500,000 to less than VND 1,500,000;
c) A fine ranging from VND 3,000,000 to VND
10,000,000 shall be imposed if the exhibits of violation are worth from VND
1,500,000 to less than VND 5,000,000;
d) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the exhibits of violation are worth from VND
5,000,000 to less than VND 10,000,000;
dd) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the exhibits of violation are worth from VND
10,000,000 to less than VND 20,000,000;
e) A fine ranging from VND 40,000,000 to VND
80,000,000 shall be imposed if the exhibits of violation are worth from VND
20,000,000 to less than VND 30,000,000;
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h) A fine ranging from VND 120,000,000 to VND
160,000,000 shall be imposed if the exhibits of violation are worth from VND
40,000,000 to less than VND 50,000,000;
2. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in this Article
is committed.
Article 42. Violations against
regulations on management of biodiversity conservation institutions
1. A warning shall be issued for failing to make
reports on status of species in the List of endangered, precious and rare
species prioritized protection as regulated.
2. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failing to conduct the registration or declaration of
origin, or prepare documents for monitoring individuals of species in the List
of endangered, precious and rare species prioritized protection.
3. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) After the issuance of Certificate of
biodiversity conservation institution, failing to maintain the satisfaction of
any of the eligibility requirements for that Certificate of biodiversity
conservation institution;
b) Failing to comply with competent agencies’
regulations on protection, breeding and caring of species in the List of
endangered, precious and rare species prioritized protection;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Making false statement of fulfilled eligibility
requirements for Certificate of biodiversity conservation institution;
b) Conducting activities without a Certificate
granted by a competent agency.
5. Additional penalties:
a) Suspend the Certificate of biodiversity
conservation institution for 03 – 06 months if any of the violations prescribed
in Clause 3 of this Article is committed;
b) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clause 4 of
this Article is committed.
Article 43. Violations against
regulations on management of invasive alien species
1. A warning shall be issued for rearing, storing,
transporting, growing or propagating invasive alien species outside the
sanctuary for non-commercial purposes provided their development and spread are
under control and they do not yet cause damage.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for rearing, storing, transporting, growing or
propagating invasive alien species outside the sanctuary for commercial
purposes provided their development and spread are under control and they do
not yet cause damage.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the act of violation causes damage at 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 act of violation causes damage at 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 act of violation causes damage at 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 act of violation causes damage at 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 act of violation causes damage at 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 if the act of violation causes damage at 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 if the act of violation causes damage at 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 act of violation causes damage at 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 act of violation causes damage at VND
140,000,000 to less than VND 150,000,000.
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a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for acts of violation made outside the sanctuary’s
strictly protected zone;
b) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for acts of violation made within the sanctuary’s
strictly protected zone.
5. Penalties for rearing, storing, transporting,
growing or propagating invasive alien species within the sanctuary provided
their development and spread are out of control:
a) The fines prescribed in Clause 4 of this Article
shall be increased by 20% - 30% if acts of violation made outside the
sanctuary’s strictly protected zone;
b) The fines prescribed in Clause 4 of this Article
shall be increased by 40% - 50% if acts of violation made within the
sanctuary’s strictly protected zone.
Total fine imposed for each violation prescribed in
this Clause shall 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/or plants:
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the exhibits of violation are worth less than
VND 10,000,000;
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c) A fine ranging from VND 80,000,000 to VND
160,000,000 shall be imposed if the exhibits of violation are worth from 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 exhibits of violation are worth from 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 exhibits of violation are worth from 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 if the exhibits of violation are worth from 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 if the exhibits of violation are worth from 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 exhibits of violation are worth from 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 exhibits of violation are worth from 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 exhibits of violation are worth from 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 exhibits of violation are worth from VND
180,000,000 to less than VND 200,000,000;
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n) A fine ranging from VND 880,000,000 to VND
920,000,000 shall be imposed if the exhibits of violation are worth from 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 exhibits of violation are worth from VND
230,000,000 to less than VND 250,000,000.
8. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in this Article
is committed.
9. Remedial measures:
a) Enforce the destruction of all of occurred
invasive alien species; enforce the restoration of initial state if any of the
violations prescribed in Clauses 1, 2, 3, 4 and 5 of this Article is committed;
b) Enforce the re-export of all of invasive alien
species which have been illegally imported to outside of the territory of the
Socialist Republic of Vietnam if any of the violations prescribed in Clauses 6
and 7 of this Article is committed. Failing to re-export, all of invasive alien
species which have been illegally imported must be destroyed.
Article 44. Violations against
regulations on management, access and benefit sharing of genetic resources
1. A warning shall be issued for any of the
following violations:
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b) Failing to make reports on research activities,
results thereof and benefits accrued from the development and production of
commercial products as regulated by laws.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to comply with regulations on management
of the investigation and utilization of genetic resources of the
organizational/ individual entity that has been issued with the License for
access to genetic resources;
b) Failing to enter into a contract for access and
benefit sharing of genetic resources with the organization, household or
individual that is assigned to manage genetic resources;
c) Failing to apply for certification of access to
genetic resources from a competent agency with respect to the contract for
access and benefit sharing of genetic resources;
d) Failing to share benefits accrued from genetic
resources with relevant parties according to contents of the License for access
to genetic resources and the contract for access and benefit sharing of genetic
resources;
dd) Failing to make prescribed reports on results
of research, development and production of commercial products to competent
agencies within the time limit prescribed in the License for access to genetic
resources;
e) Using the License for access to genetic
resources in contravention of the licensed contents and/or purposes.
3. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for exchanging, transferring or providing the
managing genetic resources to other organizational/ individual entities in
contravention of laws.
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5. Additional penalties:
a) Suspend the License for access to genetic
resources for 06 - 12 months if any of the violations prescribed in Clause 2 of
this Article is committed;
b) Confiscate the exhibits and instrumentalities of
administrative violations if any of the violations prescribed in Clause 3 and
Clause 4 of this Article is committed.
6. Remedial measures:
Confiscate outcomes achieved from the illegal
access to genetic resources within the period determined by the person who has
the power to impose penalties and specified in the decision on imposition of
penalties for administrative violations if any of the violations prescribed in
this Article is committed.
Article 45. Violations against
regulations on scientific research and technological development with respect
to genetically modified organisms, their products and genetically modified
organism testing
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 environmental 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 failing to conduct research to produce,
analysis, testing o isolation of genetically modified organisms and/or their
products at prescribed places.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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b) Failing to properly comply with contents of 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 and/or animal feeds.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations against
regulations on research and testing for genetically modified organisms:
a) Hiding information about risks of adverse
effects on the environment, biodiversity and human health or domestic animals
during the research and testing for genetically modified organisms;
b) Bringing research samples not in the framework
of the registered theme or outside the scope of the approved Testing License
and Plan into the territory of the Socialist Republic of Vietnam.
5. A fine ranging from VND 30,000,000 to VND 50,000,000
shall be imposed for any of the following violations against regulations on
research and testing for genetically modified organisms:
a) Failing to strictly comply with regulations on
isolation causing the release of genetically modified organisms into the
environment during the research and testing;
b) Failing to adopt emergency response measures to
thoroughly handle and destroy genetically modified organisms upon the detection
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 research and testing for genetically
modified organisms.
6. Additional penalties:
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7. Remedial measures:
a) Enforce the destruction of all of genetically
modified organisms for which the License for genetically modified organism
testing or the Certificate of biosafety is not yet issued;
b) Enforce the application of remedial measures for
environmental pollution if any of the violations prescribed in this Article is
committed.
Article 46. Violations 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.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for producing and/or trading genetically modified
organisms but failing to have a Certificate of biodiversity as regulated by
laws.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Intentionally rearing, culturing or releasing
genetically modified organisms and/or their genetic specimens when failing to
have the Certificate of biosafety;
b) Illegally importing genetically modified
organisms and/or their genetic specimens.
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a) Intentionally rearing, culturing or releasing
genetically modified organisms and/or their genetic specimens when failing to
have the Certificate of biosafety, causing adverse effects on the environment
and biodiversity;
b) Illegally importing genetically modified
organisms and/or their genetic specimens, causing adverse effects on the
environment and biodiversity.
5. Remedial measures:
a) Enforce the destruction of all genetically
modified organisms and/or the genetic specimens if any of the violations
prescribed in Clause 2, Point a Clause 3 and Point a Clause 4 of this Article
is committed;
b) Enforce the re-export of shipments of
genetically modified organisms and/or the genetic specimens to outside of the
territory of the Socialist Republic of Vietnam if any of the violations
prescribed in Point b Clause 3 and Point b Clause 4 of this Article is
committed. Failure to re-export, shipments of genetically modified organisms
and/or the genetic specimens must be destroyed.
Article 47. Acts causing obstruction
of state management, inspection and imposition of penalties for administrative
violations 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 violations:
a) Causing difficulties in conducting environmental
status assessment, investigation, research or monitoring, or in performing duty
of competent persons;
b) Uttering words or taking actions threatening,
offending or hurting the honor of law enforcers;
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d) Failing to organize talks on environmental
issues at the requests of competent environment agencies or according to
complaints, denunciations, or claims made by relevant organizational/
individual entities as regulated by laws.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failing to make declaration or making
declaration with untrue information or failing to comply with the time limit
for submission of declaration as prescribed by the law enforcer or competent
agency;
b) Failing to provide or providing insufficient
information or documents concerning the inspection and imposition of penalty
for administrative violation by the law enforcers or competent agencies;
c) Failing to cooperate or causing obstruction in
performing tasks of environmental inspection teams or persons who are assigned
to conduct inspection of environmental protection;
d) Failing to appoint authorized representative as
prescribed by law to attend the ceremony to announce decision on inspection of
environmental protection issues or failing to appoint authorized representative
to work with the inspection team with respect of environmental protection
issues.
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, workshops, machinery and/or equipment under seal, storing or hiding
exhibits of violation, or deliberately making change in scenes of violations against
regulations on environmental protection.
4. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for any of the following violations:
a) Delaying or shirking the enforcement of decision
on inspection or decision on imposition of penalty for administrative violation
against regulations on environmental protection granted by the competent person
or agency;
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5. Remedial measures:
Enforce the fulfillment of requirements for
environmental protection activities prescribed by competent person or agency.
Chapter III
POWER AND PROCEDURES FOR
IMPOSING ADMINISTRATIVE PENALTIES
Article 48. Power to impose
administrative penalties of Chairpersons of People’s Committees at all levels
1. Chairpersons of Communal-level People’s
Committees have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000;
c) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 5,000,000;
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2. Chairpersons of District-level People’s
Committees have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend environmental license or suspend
relevant activities intra vires for definite period;
d) Confiscate the exhibit and instrumentality of administrative
violation worth up to VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Points a, b, c, dd, e, g, h, i, k, l and m Clause 3 Article 4 of this Decree.
3. Chairpersons of Provincial-level People’s
Committees have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
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d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
Article 49. Power to impose
administrative penalties of People’s Public Security Forces
1. Soldiers on duty of People’s Public Security
Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
2. Heads of public security stations, and leaders
of soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000;
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a) Issue warning;
b) Impose a fine up to VND 2,500,000;
c) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 2,500,000;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 3 Article 4 of this Decree.
4. Chiefs of District-level Police Agencies, Chiefs
of Provincial-level Police Agencies, including Chiefs of Environmental Police
Agencies and Chiefs of Immigration Departments on duty have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Suspend environmental license or suspend
relevant activities intra vires for definite period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 25,000,000;
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5. Directors of Provincial-level Police Security
Departments have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend environmental license or suspend
relevant activities for definite period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.
6. Director of the Environmental Police
Administration and Director of Immigration Department on duty shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
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d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.
Article 50. Power to impose
administrative penalties of specialized inspectorates
1. Environmental inspectors on duty and persons on
duty who are assigned to conduct specialized environmental inspections of
Departments of Natural Resources and Environment, Vietnam Environment
Administration, or Ministry of Natural Resources and Environment have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 500,000;
d) Enforce the remedial measures mentioned in
Points a, c, dd, i, k, l and m Clause 3 Article 4 of this Decree.
2. The Chief Inspectors of Departments of Natural
Resources and Environment and holders of equivalent titles who are assigned by
the Government to conduct specialized inspections of natural resources and
environment issues shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend environmental license or suspend
relevant activities for definite period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
3. Director of Department of Pollution Control
affiliated to the Vietnam Environment Administration and holders of equivalent
titles who are assigned by the Government to conduct specialized inspections of
natural resources and environment issues shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 250,000,000;
c) Suspend environmental license or suspend
relevant activities for definite period;
d) Confiscate the exhibit and instrumentality of
administrative violation worth up to VND 250,000,000;
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4. The Chief Inspector of Ministry of Natural
Resources and Environment, Director General of Vietnam Environment
Administration and holders of equivalent titles who are assigned by the
Government to conduct specialized inspections of natural resources and
environment issues shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend environmental license or suspend relevant
activities for definite period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
5. Heads of inspectorates in natural resources and
environment of Ministry of Natural Resources and Environment shall have the
power to impose administrative penalties as prescribed in Clause 3 of this
Article.
Heads of inspectorates in natural resources and
environment of Departments of Natural Resources and Environment, Vietnam
Environment Administration and equivalent-level agencies that are assigned by
the Government to conduct inspections of natural resources and environment
issues shall have the power to impose administrative penalties as prescribed in
Clause 2 of this Article.
Article 51. Power to impose
administrative penalties of other forces
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Article 52. Determination of
power to impose penalties for administrative violations against regulations on
environmental protection; transfer of case dossiers denoting environmental
crimes for criminal prosecution
1. The power to impose penalties for administrative
violations against regulations on environmental protection of competent forces
is determined as follows:
a) Forestry forces shall, under their authority,
and within their managing sectors and scope, have the power to impose penalties
for administrative violations against regulations on environmental protection
involving ranger activities prescribed in Articles 39, 40, 41, 42, 43, 44, 45,
46 and 47 of this Decree. Agriculture and rural development inspectorates
shall, under their authority, and within their managing sectors and scope, have
the power to impose penalties for administrative violations against regulations
on environmental protection involving agriculture and rural development
activities prescribed in Clause 5 Article 12, Clause 3 Article 27, Clause 3
Article 34, and Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree.
Aquaculture inspectorates shall, under their authority, and within their
managing sectors and scope, have the power to impose penalties for
administrative violations against regulations on environmental protection
involving aquatic activities prescribed in Clause 5 Article 12, Clause 3
Article 27, and Articles 39, 41, 42, 43, 44, 45, 46 and 47 of this Decree;
b) Maritime authorities shall, under their
authority, and within their managing sectors and scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection involving maritime activities prescribed in Articles
27, 33, 34 and 47 of this Decree;
c) Inland waterway authorities shall, under their
authority, and within their managing sectors and scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection involving inland waterway activities prescribed in
Articles 33, 34 and 47 of this Decree;
d) Border guard forces shall, under their
authority, and within their managing sectors and scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection prescribed in Articles 33, 34, 39, 40, 41, 42, 43, 44,
45, 46 and 47 of this Decree;
dd) Coast guard forces shall, under their
authority, and within their managing sectors and scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection committed in the coastal zone, the exclusive economic
zone or zones under the sovereignty of the Socialist Republic of Vietnam
prescribed in Articles 13, 14, 15, 16, 19, 20, Clauses 7, 8, 9 and 10 Article
21, Clauses 6, 7, 8 and 9 Article 22, and Articles 27, 33, 34, 39, 40, 41,42,
43, 44, 45, 46 and 47 of this Decree;
e) Customs agencies shall, under their authority,
and within their managing sectors and scope, have the power to impose penalties
for administrative violations against regulations on environmental protection
involving customs activities prescribed in Articles 24, 25, 26, 40, 43, 45, 46
and 47 of this Decree;
g) Market management forces shall, under their
authority, and within their managing sectors and scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection with respect of market management activities,
commodities and the trading and use of wild animals prescribed in Articles 26,
40, 43, 46 and 47 of this Decree;
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k) Chairpersons of District-level People’s
Committees shall, within their authority and managing scope, have the power to
impose penalties for administrative violations against regulations on
environmental protection prescribed in Articles 8, 10, 11, 13, 14, 15, 16, 17,
18, 19, 20, 27, 28, 30, 36, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this
Decree;
l) Chairpersons of Provincial-level People’s
Committees shall, within their authority and managing scope, have the power to
impose penalties for all administrative violations against regulations on
environmental protection prescribed in this Decree;
m) Chief Inspectors of Departments of Natural
Resources and Environment and holders of equivalent titles who are assigned by
the Government to conduct specialized inspections of natural resources and
environment shall have the power to impose penalties for administrative
violations against regulations on environmental protection which are prescribed
in this Decree and committed within their managing provinces or
central-affiliated cities;
n) Chief Inspector of Ministry of Natural Resources
and Environment, Director General of Vietnam Environment Administration and
holders of equivalent titles who are assigned by the Government to conduct
specialized inspections of natural resources and environment shall have the
power to impose penalties for administrative violations against regulations on
environmental protection prescribed in this Decree within the nationwide scope
intra vires.
2. The persons that have the power to impose
administrative penalties prescribed in Clause 1 of this Article may, within the
ambit of their assigned functions and duties, implement professional methods to
detect administrative violations against regulations on environmental
protection; make records of administrative violations against regulations on
environmental protection which are not under their competence, and cooperate
with competent agencies/ persons that have the power to impose penalties for
such violations in inspecting and handling such violations in accordance with
law regulations.
If an organizational or individual entity commits
more than one violation against regulations on environmental protection, the
power to impose administrative penalties shall comply with regulations in
Clause 4 Article 52 of the Law on penalties for administrative violations.
3. Transfer of case dossiers denoting environmental
crimes for criminal prosecution and dossiers of violations for imposition of
administrative penalties:
a) The transfer of case dossiers denoting
environmental crimes for criminal prosecution and dossiers of violations for
imposition of administrative penalties shall be performed in accordance with
regulations in Article 62 and Article 63 of the Law on penalties for
administrative violations and the Code of Criminal Procedures.
b) Handling of violations suspected of
environmental crimes which are detected through the inspection shall comply
with regulations of the law on inspection.
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1. The inspection and imposition of penalties for administrative
violations against regulations on environmental protection must ensuring the
principle of non-overlap and not causing influence on normal activities of
committing organization or individual. Only one inspection team is established
to inspect the compliance with regulations on environmental protection of a
business establishment or enterprise every year, except for unexpected
inspection as regulated by laws.
2. Ministry of Natural Resources and Environment
shall consistently perform state management of inspection and imposition of
penalties for administrative violations against regulations on environmental
protection nationwide with respect of the following contents:
a) Formulate, apply for approval and implement the
plan for inspection of the compliance with regulations on environmental
protection of Ministry of Natural Resources and Environment nationwide in
accordance with laws; annually orientate ministries, ministerial-level agencies
and provincial-level people’s committees in subjects, sectors and regions of
inspection of the compliance with regulations on environmental protection;
b) Instruct provincial-level people’s committees to
formulate, apply for approval and implement their plans for inspection of the
compliance with regulations on environmental protection; provide guidance on
professional procedures for inspecting and imposing penalties for
administrative violations against regulations on environmental protection;
c) Coordinate with People’s Public Security Forces
in detecting, preventing and combating environmental crimes and violations
against regulations on environmental protection; timely provide information
about organizations and/or individuals suspected of environmental crimes to the
People’s Public Security Forces in accordance with laws;
d) Take charge of handling overlapped inspection
and imposition of penalties for administrative violations against regulations
on environmental protection according to the principles, responsibility and
coordination mechanism prescribed in this Article; consolidate and announce
results of penalties imposed for violations administrative violations against
regulations on environmental protection nationwide.
3. Ministry of Public Security shall instruct the
People’s Public Security Forces in implementing measures to prevent, detect and
combat environmental crimes and violations against regulations on environmental
protection, and be responsible for:
a) Organizing the inspection of compliance with the
laws and guidelines of Ministry of Natural Resources and Environment; the
subjects of the plan for annual inspection prescribed in Point a Clause 2 and
Point a Clause 4 of this Article shall not be subject to the said inspection,
except for cases suspected of environmental crimes;
b) Taking charge and coordinating with Ministry of
Natural Resources and Environment, and instructing People’s Public Security
Forces to take charge and coordinate with competent environment agencies in
inspecting the compliance with regulations on environmental protection by
agencies, organizations and individuals in accordance with laws;
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d) Instructing the People’s Public Security Forces
to coordinate with competent environment agencies in conducting unexpected
inspection of organizational/ individual entities suspected of environmental
crimes upon the detection of the People’s Public Security Forces. The
inspection team established by the People’s Public Security Force must include
member(s) of the environment agency;
dd) Every 06 months and on annual basis, submitting
reports on the inspection and imposition of penalties for administrative
violations against regulations on environmental protection of the People’s
Public Security Forces to Ministry of Natural Resources and Environment for
consolidation and announcement as regulated by laws.
4. Provincial Departments of Natural Resources and
Environment shall be responsible for:
a) Formulating plans for inspection of the
compliance with regulations on environmental protection on the basis of
guidelines of Ministry of Natural Resources and Environment and inspection
plans approved by Provincial-level People’s Committees; applying for approval
and organizing the implementation of approved plans for inspection of the
compliance with regulations on environmental protection intra vires in
provinces after obtaining written consent from Ministry of Natural Resources
and Environment;
b) Participating in inspection teams responsible by
Ministry of Natural Resources and Environment or the People’s Public Security
Forces to inspect the compliance with regulations on environmental protection
in provinces; coordinating with the People’s Public Security Forces in
preventing, detecting and combating environmental crimes and violations against
regulations on environmental protection in provinces;
c) Every 06 months and on annual basis, submitting
consolidate reports on the inspection and imposition of penalties for
administrative violations against regulations on environmental protection in
provinces to Ministry of Natural Resources and Environment and Provincial-level
People’s Committees.
5. Ministries, ministerial-level agencies and
People’s Committees at all levels shall assume responsibility to coordinate in
inspecting and imposing penalties for administrative violations against
regulations on environmental protection according to the principle specified in
Clause 1 of this Article.
Article 54. Procedures for
suspending environmental licenses or activities for definite period or
enforcing the application of remedial measures and responsibility of relevant
agencies
1. Procedures for suspending the environmental
license or activities causing the environmental pollution or those of producer,
business or service provider as prescribed in Chapter II of this Decree for
definite period shall be performed in compliance with regulations of the Law on
penalties for administrative violations.
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3. If organizational/ individual entities whose
environmental licenses or activities are suspended for definite period have
production/ business activities and services causing the environmental
pollution, agencies making decision on imposition of administrative penalties
shall assume the following responsibilities:
a) Ministry of Natural Resources and Environment
shall coordinate with Provincial-level People’s Committees, ministries and
relevant regulatory bodies in instructing specialized agencies to organize the
suspension of environmental license or activities in cases the EIA reports/
environmental protection schemes or certificates of the registration of
satisfaction of environmental standards of violating entities are approved/
granted by ministries/ ministerial-level agencies;
Departments of Natural Resources and Environment
shall take charge and coordinate with agencies of the persons imposing
administrative penalties, the People’s Public Security Forces and the People’s
Committees of districts or communes where the violations are committed and
relevant agencies to seal workshops, machinery and/or equipment of the
violating organizational/ individual entities on the beginning date of the
suspension of environmental licenses or activities specified in decisions on
imposition of administrative penalties in cases where the EIA reports/
environmental protection schemes or certificates of the registration of
satisfaction of environmental standards of violating entities are approved/
granted by ministries/ ministerial-level agencies or ministries' authorized
agencies;
b) Provincial-level People’s Committees shall
instruct Departments of Natural Resources and Environment to take charge and
coordinate with agencies of the persons imposing administrative penalties, the
Provincial-level Police Departments, the District-level Police Departments, the
People’s Committees of districts or communes where the violations are committed
and relevant agencies to seal workshops, machinery and/or equipment of the
violating organizational/ individual entities of the violating organizational/
individual entities on the beginning date of the suspension of environmental
licenses or activities specified in decisions on imposition of administrative
penalties in cases where the EIA reports/ environmental protection schemes or
certificates of the registration of satisfaction of environmental standards of
violating entities are approved/ granted by Provincial-level People’s
Committees, Departments of Natural Resources and Environment or authorized
agencies of the Provincial-level People’s Committees;
c) The District-level People’s Committees shall
take charge and coordinate with agencies of the persons imposing administrative
penalties, the District-level Police Departments, the People’s Committees of
communes where the violations are committed and relevant agencies to seal
workshops, machinery and/or equipment of the violating organizational/
individual entities of the violating organizational/ individual entities on the
beginning date of the suspension of environmental licenses or activities
specified in decisions on imposition of administrative penalties in cases where
the environmental protection plans/ schemes are certified by the District-level
People’s Committees or authorized agencies of the District-level People’s
Committees.
4. Responsibilities of violating entities whose
environmental licenses or activities are suspended or that must enforce
remedial measures:
a) Organizational/ individual entities whose
environmental licenses or activities are suspended for definite period must
strictly implement decisions on imposition of administrative penalties,
facilitate competent agencies in fulfilling their duties and may resume their
activities only when results of enforced remedial measures are verified/
certified by competent agencies;
b) Organizational/ individual entities that are
liable to implement remedial measures must strictly comply with decisions on
imposition of administrative penalties, and submit reports on results of such
remedial measures to agencies giving approval for their EIA reports,
environmental protection schemes or certifying their environmental protection
plans/ schemes for inspection;
c) In cases of violations that cause the
environmental pollution or where the implementation of environmental
improvement/ restoration measures and the construction of environmental
protection works are compulsory, violating entities must promptly implement
remedial measures. Violating entities must, after having implemented remedial
measures, send reports on the plan on trial operation of environmental
protection works to competent agencies prescribed in Point a Clause 2 Article
55 of this Decree for inspection and giving approval for trial operation; the
period for trial operation of the environmental protection works shall be 30
days. The report on the plan for trial operation of environmental protection
works shall be made using Form No. 01 stated in Annex II enclosed with this
Decree; the written approval for trial operation of environmental protection
works shall be granted using Form No. 02 stated in Annex II enclosed with this
Decree.
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1. Procedures for inspection and certification of
results of remedial measures against administrative violations carried out by
the violating entities whose environmental licenses or activities are suspended
for definite period before they resume their activities, or the violating
entities that are liable to implement remedial measures in cases the persons
imposing administrative penalties work at competent agencies that give approval
for EIA reports/ environmental protection schemes or certify environmental
protection plans/ schemes (hereinafter referred to as competent agencies):
a) At least 15 working days before the suspension
period of environmental license/ activities or the prescribed period for
implementing remedial measures expires, the violating entity must send the
report on results of the implemented remedial measures against administrative
violations against regulations on environmental protection (enclosed with
documents, materials, data and results of analysis of waste samples in
conformity with environmental technical regulations conducted by a functional
agency) to the competent agency of the person imposing administrative
penalties. The report on results of implemented remedial measures against administrative
violations against regulations on environmental protection shall be prepared
using Form No. 03 stated in Annex II enclosed with this Decree;
b) Within 05 working days as of the receipt of the
report on results of implemented remedial measures against administrative
violations against regulations on environmental protection, the competent
agency shall conduct an inspection of results of implemented remedial measures
according to the contents of the decision on imposition of administrative
penalties and conclusion of inspection of compliance with regulations on
environmental protection (if any). The decision on the establishment of
inspection team and the record of inspection of results of implemented remedial
measures against administrative violations against regulations on environmental
protection shall be made in accordance with regulations of the law on
environmental protection and the law on inspection;
c) In case the violating entity has finished the
implementation of remedial measures against administrative violations against
regulations on environmental protection, the competent agency shall, within 05
working days as of the completion of the inspection of results of implemented
remedial measures (except for cases where results of inspection, measurement
and analysis of environmental samples must be consulted), make certification of
results of remedial measures against administrative violations against
regulations on environmental protection and remove the seals (if any) in order
that the violating entity may resume its activities;
d) If the violating entity does still not yet
finish the implementation of remedial measures against administrative
violations against regulations on environmental protection, it shall continue
implementing remedial measures provided the period for implementing remedial
measures specified in the decision on imposition of administrative penalties
must be ensured; if the prescribed period is not enough for finishing the
implementation of remedial measures, the violating entity may apply to the
competent agency for an extension provided it must less than 24 months; if the
violating entity deliberately does not implement remedial measures against
violations, it shall be forced to implement remedial measures as prescribed by laws.
2. Procedures for inspection and certification of
results of remedial measures against administrative violations carried out by
the violating entities whose environmental licenses or activities are suspended
for definite period before they resume their activities, or the violating
entities that are liable to implement remedial measures in cases the persons
imposing administrative penalties do not work at competent agencies that give
approval for EIA reports/ environmental protection schemes or certify environmental
protection plans/ schemes (hereinafter referred to as competent agencies):
a) At least 15 working days before the suspension
period of environmental license/ activities or the prescribed period for
implementing remedial measures expires, the violating entity must prepare and
send the report on results of the implemented remedial measures against
administrative violations against regulations on environmental protection
(enclosed with documents, materials, data and results of analysis of waste samples
in conformity with environmental technical regulations conducted by a
functional agency) to:
- The Vietnam Environment Administration (if the
project, the business establishment or the concentration of producers,
businesses and service providers has its EIA report, environmental protection
scheme or certificate of the registration of satisfaction of environmental
standards approved/ granted by Ministry of Natural Resources and Environment,
Ministry, ministerial-level agency or ministry’s authorized agency);
- Provincial Department of Natural Resources and
Environment (if the project, the business establishment or the concentration of
producers, businesses and service providers has its EIA report, environmental
protection scheme or certificate of the registration of satisfaction of
environmental standards approved/ granted by the Provincial-level People’s
Committee, Provincial Department of Natural Resources and Environment or an
authorized agency of the Provincial-level People’s Committee);
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The report on results of implemented remedial
measures against administrative violations against regulations on environmental
protection must be also sent to the agency of the person imposing
administrative penalties for cooperation in conducting inspection of results of
implemented remedial measures. The report on results of implemented remedial
measures against administrative violations against regulations on environmental
protection shall be prepared using Form No. 03 stated in Annex II enclosed with
this Decree;
b) Within 05 working days as of the receipt of the
report on results of implemented remedial measures against administrative
violations against regulations on environmental protection, the competent
agency prescribed in Point a of this Clause shall take charge and coordinate
with the agency of the person imposing administrative penalties in conducting
an inspection of results of implemented remedial measures according to the
contents of the decision on imposition of administrative penalties and
conclusion of inspection of compliance with regulations on environmental
protection (if any). The Vietnam Environment Administration shall, where
necessary, assigns Provincial Departments of Natural Resources and Environment
to conduct the inspection of results of remedial measures against
administrative violations implemented by violating entities in cases where such
inspection is subject to the responsibility of the Vietnam Environment
Administration. The decision on the establishment of inspection team and the
record of inspection of results of implemented remedial measures against
administrative violations against regulations on environmental protection shall
be made in accordance with regulations of the law on environmental protection
and the law on inspection;
c) In case the violating entity has finished the
implementation of remedial measures against administrative violations against
regulations on environmental protection, the competent agency prescribed in
Point a of this Clause shall, within 05 working days as of the completion of
the inspection of results of implemented remedial measures (except for cases
where results of inspection, measurement and analysis of environmental samples
must be consulted), make certification of results of remedial measures against
administrative violations against regulations on environmental protection and
notify the responsible agencies prescribed in Points a, b and c Clause 3
Article 54 of this Decree to remove the seals (if any) in order that the
violating entity may resume its activities;
d) If the violating entity does still not yet
finish the implementation of remedial measures against administrative
violations against regulations on environmental protection, it shall continue
implementing remedial measures provided the period for implementing remedial
measures specified in the decision on imposition of administrative penalties
must be ensured; if the prescribed period is not enough for finishing the
implementation of remedial measures, the violating entity may apply to the
competent agency prescribed in Point a of this Clause for an extension provided
it must less than 24 months; if the violating entity deliberately does not
implement remedial measures against violations, it shall be forced to implement
remedial measures as prescribed by laws.
3. In case the EIA report, the environmental
protection scheme or the environmental protection plan/ scheme of a business
establishment or a concentration of producers, businesses and service providers
is approved or certified by multiple agencies, the agency that has the power to
inspect results of implemented remedial measures against administrative
violations against regulations on environmental protection shall be the
superior agency that has given approval or certification thereof. The superior
agency may, where necessary, assign an inferior agency to conduct the
inspection of results of implemented remedial measures against administrative
violations against regulations on environmental protection.
Article 56. Regulations on
violation notices and the power to make notices and decisions on imposition of
penalties for administrative violations against regulations on environmental
protection
1. The notices of administrative violations against
regulations on environmental protection shall be made in accordance with
regulations in Article 58 of the Law on penalties for administrative violations
and the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating a
number of articles and providing measures to implement the Law on penalties for
administrative violations.
2. The following persons shall have the power to
make notices of administrative violations against regulations on environmental
protection:
a) On-duty persons who have the power to impose
penalties for administrative violations against regulations on environmental
protection;
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c) Officials of ministries/ ministerial-level
agencies who perform environmental protection duty towards their management
sectors;
d) Officials or public employees at commune, ward
or town level who perform environmental protection duty in their management
communes, wards or towns;
dd) Soldiers of the People’s Public Security
Forces, police officers at commune, ward or town level and officers in charge
of public order who are on duty related to the environmental protection at
urban areas, residential areas, commercial areas or public areas;
e) Officials and public employees of forest
management boards, the management boards of national parks, wildlife
sanctuaries or biosphere reserves who perform environmental protection duty.
The persons that have the power to make
administrative violation notices prescribed in this Clause must, upon the
detection of any administrative violations against regulations on environmental
protection, must timely make violation notices to impose administrative
penalties or transfer the cases to the persons who have the power to impose
administrative penalties in accordance with regulations of the law on penalties
for administrative violations and of this Decree.
3. The forms of administrative violation notices
and of decisions on imposition of penalties for administrative violations
against regulations on environmental protection shall follow regulations of the
Decree elaborating and providing measures to implement the Law on penalties for
administrative violations.
The three forms of documents/ reports on results of
remedial measures against administrative violations against regulations on
environmental protection are promulgated in Annex II herein.
Article 57. Disclosure of
information, the power and procedures for adopting methods of disclosing
information about the pollution status and administrative violations against
regulations on environmental protection
1. The following organizational/individual entities
committing administrative violations shall have their information relating to
the pollution status and administrative violations against regulations on
environmental protection disclosed to the public:
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b) Organizational/individual entities whose
activities causing the environmental pollution or facility’s activities causing
the environmental pollution have been suspended;
c) The establishments being liable to implement remedial
measures against their violations or relocate to locations in conformity with
the planning and the environment's carrying capacity;
d) Organizational/individual entities committing
administrative violations against regulations on environmental protection which
lead to serious consequences or cause bad public opinions.
2. The said information shall be publicly posted on
the websites or the newspapers of the Ministry of Natural Resources and
Environment, the Vietnam Environment Administration, Provincial Departments of
Natural Resources and Environment, and the People’s Committees of provinces
where administrative violations are committed or the governing agencies of the
persons imposing administrative penalties are located.
3. The power and procedures for adopting methods of
disclosing information about the pollution status and administrative violations
against regulations on environmental protection:
a) The agency of the person that has imposed
administrative penalty as prescribed in Clause 1 of this Article shall be
responsible for disclosing information about the pollution status and
administrative violations against regulations on environmental protection.
The head of the agency of the person who has made
the decision on imposition of administrative penalty shall send the official
dispatch on the information disclosure and the copy of the decision on
imposition of administrative penalty to the person in charge of managing the
website or the newspaper of the ministry, or department or the people’s committee
of province where the administrative violation has been committed within 03
working days as of the date on which the decision on imposition of
administrative penalty is granted.
b) The disclosed information includes: Name in
business registration certificate, trade name or name of the violating entity,
primary business sectors; head office of the business establishment, service
provider or the organization committing violations; administrative violations
against regulations on environmental protection; the process and consequences
of committed violations; penalty, remedial measures and period for implementing
remedial measures.
c) The head of the agency in charge of disclosing
information must be responsible for disclosed information; assume responsibility
to correct untrue information within 01 working day as of the detection of such
untrue information or the receipt of the request for correction of information,
and pay fees for such correction of information.
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d) A decision on imposition of administrative
penalty must include reasons for adopting methods of disclosing information of
the violating entity on means of mass media, information required to be
disclosed, name of the newspaper or the website on which the said information
shall be posted.
dd) The newspaper or the agency in charge of
managing the website shall, upon the receipt of the request for disclosing
information, assume responsibility to post on require information on the next
edition or time of posting information on the website.
e) In case the information may not be disclosed
within the required time limit due to force majeure events, the person that has
the power to disclose information must report it to the superior and must
disclose information immediately after the said force majeure events have been
remediated.
g) The funding for disclosing environmental
protection information shall be covered by the budget for environmental
expenditures and regular operating expenditure of the agency where the person
makes decision on information disclosure works.
Article 58. Enforcement of
decisions on imposition of administrative penalties; responsibility for
organizing the implementation of decision on the enforcement of additional
penalty which is the suspension of activities or the enforcement of remedial
measure which is the relocation of the establishment causing serious
environmental pollution
1. Coercive measures, the power, contents,
procedures, formalities and agencies enforcing the implementation of decisions
on imposition of penalties for administrative violations against regulations on
environmental protection shall be governed by regulations of the law on
penalties for administrative violations.
2. Responsibility for organizing the implementation
of decisions on the enforcement of additional penalty which is the suspension
of activities or the enforcement of remedial measure which is the relocation of
the establishment causing serious environmental pollution:
a) Chairperson of the Provincial-level People’s
Committee shall instruct the implementation of decision on the enforcement of
additional penalty which is the suspension of activities or the enforcement of
remedial measure which is the relocation of the establishment causing serious
environmental pollution.
Department of Natural Resources and Environment
shall take charge and coordinate with the Provincial-level Police Department,
the People’s Committee of district where the violating establishment is
located, and relevant agencies in organizing the implementation of decision on
the enforcement of additional penalty which is the suspension of activities or
the enforcement of remedial measure which is the relocation of the
establishment causing serious environmental pollution.
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c) Relevant People’s Public Security Forces shall
assume responsibility to ensure the public order and security during the implementation
of coercive measures, assign personnel to prevent acts causing disturbance or
opposing law enforcers during the implementation of decision on the enforcement
of additional penalty which is the suspension of activities or the enforcement
of remedial measure which is the relocation of the establishment causing
serious environmental pollution as requested.
Article 59. Responsibilities
of organizational/ individual entities involved in the implementation of
decision on the enforcement of additional penalty which is the suspension of
activities or the enforcement of remedial measure which is the relocation of
the establishment causing serious environmental pollution
1. Any organizational/ individual entities related
to the entity that is liable to implement the decision on the enforcement of
additional penalty which is the suspension of activities or the enforcement of
remedial measure which is the relocation of the establishment causing serious
environmental pollution shall assume the responsibility to cooperate in
enforcing the said additional penalty which is the suspension of activities or
enforcing the said remedial measure which is the relocation of the
establishment causing serious environmental pollution as requested.
2. The state treasuries, commercial banks and other
credit institutions shall implement measures to freeze deposit accounts as of
the time of implementing coercive measures specified in the decision on the
enforcement of additional penalty which is the suspension of activities or the
enforcement of remedial measure which is the relocation of the establishment
causing serious environmental pollution.
3. Competent agencies shall revoke environmental
licenses and relevant licenses in accordance with law regulations as of the
time of implementing coercive measures specified in the decision on the
enforcement of additional penalty which is the suspension of activities or the
enforcement of remedial measure which is the relocation of the establishment
causing serious environmental pollution.
Article 60. Responsibilities
of relevant ministries/ regulatory bodies for the enforcement of additional
penalty which is the suspension of activities or the enforcement of remedial
measure which is the relocation of the establishment causing serious environmental
pollution
Minister of Natural Resources and Environment,
Ministers and heads of ministerial-level agencies shall, within the ambit of
their assigned duties and power, be responsible for cooperating with
Chairpersons of people’s committees of central-affiliated cities/ provinces in
implementing decision on the enforcement of additional penalty which is the
suspension of activities or the enforcement of remedial measure which is the
relocation of the establishment causing serious environmental pollution.
Chapter IV
IMPLEMENTARY PROVISIONS
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1. Administrative violations against regulations on
environmental protection which have been granted administrative violation notices
before the effective date of this Decree shall be governed by regulations in
the Government’s Decree No. 179/2013/ND-CP dated November 14, 2013 providing
for penalties for administrative violations against regulations on
environmental protection. In case this Decree provides for a mitigating penalty
for an administrative violation, this Decree shall apply.
2. Penalties for administrative violations against
regulations on environmental protection which are committed or discovered
before the effective date of this Decree but are not granted administrative
violation notices shall be imposed in accordance with regulations of this
Decree.
Article 62. Effect
1. This Decree takes effect as of February 01,
2017.
2. The Government’s Decree No. 179/2013/ND-CP dated
November 14, 2013 providing for penalties for administrative violations against
regulations on environmental protection shall be null and void as of the
effective date of this Decree.
Article 63. Responsibility for
guidance and implementation
1. Minister of Natural Resources and Environment
shall, within the ambit of its assigned functions, duties and power, provide
guidance and promulgate detailed regulations on certain articles of this Decree
and organize the implementation of this Decree.
2. Minister of Natural Resources and Environment
shall take charge and coordinate with Minister of Public Security in
promulgating regulations on the cooperation between regulatory bodies in the
domain of environmental protection and environmental police forces in
inspecting, preventing environmental crimes and imposing penalties on
administrative violations against regulations on environmental protection.
3. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of people’s committees of
central-affiliated cities/ provinces shall be responsible for implementing this
Decree./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc