THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
No. 179/2013/ND-CP
|
Hanoi,
November 14, 2013
|
DECREE
ON
THE SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL
PROTECTION
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 20, 2012 Law on handling of
administrative violations;
Pursuant to the November 29, 2005 Law on
Environmental Protection;
Pursuant to the November 11, 2008 Law on
biodiversity;
At the proposal of Minister of Natural Resources
and Environment;
The Government promulgates Decree on the
sanction of administrative violations in the domain of environmental
protection,
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GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides for:
a) Administrative violations in the domain of
environmental protection, sanctioning forms, levels, competence to make written
record of administrative violations, competence to sanction administrative
violations and remedial measures;
b) The competence, order and procedures for
applying forms of handling such as forcible relocation or operation ban of
seriously-polluting production, business or service establishments (hereinafter
collectively referred to as establishments);
c) Publish information on administrative violations
in domain of environmental protection committed by establishments and economic
zones, industrial parks, export processing zones, hi-tech parks, concentrated
industrial clusters (hereinafter collectively referred to as the concentrated
production, business or service zones);
d) Coercive measures, competence and procedures for
applying coercive measures to execute decisions on operation suspension;
decisions on forcible relocation, operation ban on seriously-polluting
establishments.
2. Acts of administrative violations in the domain
of environmental protection include:
a) Violation of regulations on environmental
protection commitments, environmental impact assessment reports, or
environmental protection schemes;
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c) Violation of waste management regulations;
d) Violation of environmental protection
regulations in the import of machinery, equipment, means of transport, raw
materials, fuel, materials, scraps and biological preparations;
e) Violation of environmental protection
regulations in tourism, rational exploitation and use of natural resources;
f) Violation of regulations on prevention, control
and remedying of environmental pollution, degradation or incidents;
g) Acts of administrative violations on
biodiversity include: Conservation and sustainable development of Natural
ecosystem; conservation and sustainable development of species and
conservation and sustainable development of genetic natural resources;
h) Acts of obstructing acts of state management,
inspection, examination and sanction of administrative violations, and other
violations on environmental protection.
3. Other acts of administrative violation related
to domain of environmental protection which are defined in other relevant
Government’s Decrees on sanction of administrative violations in domain of
state management shall be handled under such regulations.
Article 2. Entities subject to
sanction of administrative violations
Domestic and foreign individuals and organizations
(below collectively referred to as individuals and organizations) that commit
administrative violations in the domain of environmental protection in the
territory, the contiguous zone, the exclusive economic zones and continental
shelves of the Socialist Republic of Vietnam shall all be sanctioned under this
Decree or relevant decrees.
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In this Decree, the following terms are construed
as follows
1. Discharge of sewage into environment means discharge
of sewage of all kinds, by individuals or organizations, into land, underground
water, and surface water, inside and outside establishments, concentrated
production, business or service zones. Case of discharging sewage into land and
underground water, upon calculating number of times exceeding technical
regulations on waste, value of the receiving source Kq shall be
equal to 01 (one) according to that technical regulation.
2. Exhaust of dust, waste gas into environment
means the generating of dust, waste gas into air environment by individuals or
organizations.
3. Dangerous environmental parameters in sewage are
environmental parameters according to the national technical regulations on
dangerous waste threshold.
4. Dangerous environmental parameters in water gas
and air environment are environmental parameters according to the national
technical regulations on a number of hazardous substances in surrounding air.
5. Nonhazardous environmental parameters are
environmental parameters according to the national technical regulations on
waste and surrounding environment, other than environmental parameters defined
at Clause 3 and Clause 4 of this Article.
6. Acts of Illegally exploiting species mean acts
of hunting, fishing, gathering and keeping aiming to take organisms (including
animals, plants, mould, and microorganisms), parts or derivatives of fauna and
flora without permission of competent state agencies or in excess of the
permitted quantity in the exploitation license issued by competent state agencies.
7. Safe distance on environmental protection for
residential areas means the minimum distance from establishments, concentrated
production, business or service zones to the nearest residential area according
to the concerned standards and technical regulations.
8. An environmental protection commitment includes:
Declaration on production activities that affect to environment; registration
of satisfying environmental standards and environmental protection commitments.
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10. A scheme on payment a deposit, environmental
rehabilitation and restoration includes: Plan on environmental rehabilitation
and restoration; project on environmental rehabilitation and restoration, and
scheme on payment a deposit, environmental rehabilitation and restoration.
Article 4. Sanctioning forms,
levels and remedial measures for administrative violations in domain of
environmental protection
1. Principal sanctioning forms, sanctioning levels:
Individuals and organizations committing
administrative violations in domain of environmental protection shall be
applied one of the following principal sanctioning forms:
a) Caution;
b) Fine imposed on one administrative violation in
domain of environmental protection which is VND 1,000,000,000 for individuals
and VND 2,000,000,000 for organizations maximally.
2. Additional sanctioning forms:
a) Deprivation of the right to use, with a defined
term,: Environmental standard satisfaction certificates; licenses for hazardous
waste management; licenses for discharge of wastewater into water sources;
certificate of eligibility for scrap import, written confirmation of
eligibility for dangerous goods transport; certificate of environmentally
friendly-nylon bags; certificate of circulating biological preparations in
waste treatment in Vietnam; certificate of eligibility for providing
environment observation services, licenses for exploiting endangered, precious
and rare species prioritized for protection; licenses for rearing and
cultivating endangered, precious and rare species subject to protection
priority; certificate of biodiversity conservation establishments; licenses for
rearing, cultivation and development of alien species; license for genetic
resource access; license for testing genetically modified organism; license for
import of genetically modified organism; certificate of biological safety,
license for exchange, purchase and sale, gift, donation, lease of species in
list of endangered, precious and rare species prioritized for protection
certificate; written confirmation of genetically modified organism eligible to
use in making food; written confirmation of genetically modified organism
eligible to use in making livestock feed (hereinafter collectively referred to
as environmental licenses) or operation suspension with a defined term as
prescribed at Clause 2 Article 25 of Law on handling of administrative
violations, from 01 month to 24 months, as from decisions on sanctioning
administrative violations come into effect,
b) Confiscation of material evidences and means
used for commission of administrative violations in the domain of environmental
protection (hereinafter collectively referred to as material evidences and
means involving administrative violations).
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a) Forcible restoration of the original environment
state already altered by administrative violations; forcible planting, care and
protection of the destroyed areas of conservation zone; restoration of initial
habitat for species, revocation of genetic source from activities of illegal
genetic source access;
b) Forcible dismantlement of facilities, parts of
construction works built in contravention of regulations on environmental
protection; forcible dismantlement of facilities, breeding farms, aquaculture
zones, houses, tents which are built illegally in conservation zones;
c) Forcible application of measures to remedy
environment pollution and measures to protect environment as prescribed by law
on environmental protection and biodiversity;
d) Forcible transportation out of the Vietnamese
territory or forcible re-export of goods, machinery, equipment, means, raw
materials, fuel, materials, scraps, articles, biological preparations and means
which are imported or brought into Vietnam in contravention of environmental
protection regulations or pollute the environment; Forcible transportation out
of the Vietnamese territory or forcible re-export of goods, articles, means
which contain alien species, genetically modified organisms, genetic specimens
of genetically modified organisms;
e) Forcible destruction of polluting firecrackers,
goods, machinery, equipment of means, raw materials, fuel, materials, scraps,
articles, biological preparations and means which are imported or brought into
Vietnam in contravention of environmental protection regulations or cause damage
to human health, livestock and environment; Forcible destruction of invading
alien species, genetically modified organisms, genetic specimens of genetically
modified organisms not yet had certificate of biological safety;
f) Forcible correction of information which is
untrue, causes misleading on environment status of the production, business and
service establishments;
g) Forcible removal of infringing elements on
environmentally friendly products;
h) Forcible recovery or handling of expired or
discarded products under regulations; forcible recovery of results arising from
activities of illegal genetic source access;
i) Forcible remittance of illegal benefits gained
from commission of administrative violations or Forcible remittance of the
amounts equal to value of material evidences and means involving administrative
violations which have been sold, dispersed, destroyed in contravention with law
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l) Forcible construction and installation of
environmental treatment facilities under regulations; forcible proper operation
of environmental treatment facilities under regulations;
m) Forcible relocation out of banned zones; proper
implementation of regulations on safe distance to protect environment for
residential areas;
n) Retrospective collection of deficient or unpaid
environmental protection charges under regulations; forcible payment for
expenses to solicit the assessment, measure and analyze environment samples in
case of violations on discharging waste in excess of environmental technical
regulations or polluting environment under the current norms and unit price.
Article 5. The fine levels and
sanctioning competence
1. The fine levels for administrative violations
defined in section 1, chapter II of this Decree are fine levels applied to
administrative violations committed by individuals, the fine levels for
administrative violations committed by organizations shall be twice the fine
levels of the same administrative violation committed by individuals.
2. The competence to impose sanctions on
administrative violations of persons defined in Articles from Article 50 thru
Article 53 of this Decree is competence to apply to one administrative
violation committed by individuals; in case of fine, the competence to impose
sanctions on organizations shall be double the competence to impose sanctions
on individuals for respective position.
Article 6. Application of
environmental technical regulations and use of environmental parameters to
identify acts and the extent of administrative violation in the domain of
environmental protection
1. National technical regulations serve as a basis
for identifying acts and the extent of administrative violation in the domain
of environmental protection when individuals or organizations discharge waste
to environment. In case both national and local technical regulations are
available, local ones will apply (hereinafter collectively referred to as
technical regulations).
2. The number of times in excess of environmental
technical regulations shall be determined on the basis of the highest level of
observation, supervision, measurement and analysis of one of environmental
parameters of waste samples, environmental samples surrounding divided by the
permitted maximum value of those parameters in environmental technical
regulations.
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The remaining environmental parameters exceeding
the environmental technical regulations of same waste sample shall be
sanctioned increasingly from 1% to 4% of the fine levels for each environmental
parameter exceeding that technical regulation but total fines for each
violation shall not exceed the maximum fine.
If an establishment or concentrated production,
business or service zone has many spot discharging sewage or exhaust of dust,
gas in excess of environmental technical regulations, it shall be sanctioned
for each such spot of discharge or exhaust.
Article 7. Use of professional
technical means and equipment in detecting and sanctioning administrative
violations in the domain of environmental protection
1. Agencies and persons competent to sanction
administrative violations may use professional technical means and equipment to
detect administrative violations in the domain of environmental protection
according to regulations on management, use and list of professional technical
means and equipment used to detect administrative violations.
2. Agencies and persons competent to sanction
administrative violations may use results of verification, measurement and
analysis of environmental samples of organizations providing environmental
observation services or observation organizations which are designated by
competent agencies as basis for sanctioning administrative violations in the
domain of environmental protection.
3. In case where functional agencies detected
administrative violations through use of professional technical means and
equipment to record images, the infringing individuals and organizations have
obligation to cooperate with functional agencies to define objects and
violations in the domain of environmental protection.
Chapter 2.
SANCTIONING OF ADMINISTRATIVE
VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL PROTECTION
SECTION 1. ADMINISTRATIVE
VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL PROTECTION, SANCTIONING FORMS,
LEVELS, AND REMEDIAL MEASURES
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1. Violation of regulations on environmental
protection commitments of production, business and service activities not
subject to making of investment projects shall be sanctioned as follows:
a) A caution on acts of failing to properly realize
one of contents of environmental protection commitments already been certified
by competent state agencies, except for case defined at point c this clause;
b) A fine of between VND 500,000 and 1.000.000 for
acts of failing to fully realize one of contents of environmental protection
commitments already been certified by competent state agencies, except for case
defined at point d this clause;
c) A fine of between VND 1,000,000 and 1,500,000
for acts of failing to properly build and install, failing to regularly operate
or failing to properly operate for the environmental treatment facilities under
regulations;
d) A fine of between VND 1,500,000 and 2,000,000
for acts of failing to build and install, failing to operate for the
environmental treatment facilities under regulations, in case where waste
exceeds environmental technical regulations;
e) A fine of between VND 2,000,000 and 2,500,000
for acts of failing to realize all contents of environmental protection
commitments already been certified by competent state agencies;
2. Violations of regulations on implementing
environmental protection commitments for entities required to make investment
projects shall be sanctioned as follows:
b) A fine of between VND 1,000,000 and 3.000.000
for acts of failing to properly realize one of contents of environmental
protection commitments already been certified by competent state agencies,
except for case defined at points c and e this clause;
b) A fine of between VND 3,000,000 and 5,000,000 for
acts of failing to fully realize one of contents of environmental protection
commitments already been certified by competent state agencies, except for case
defined at point d and f this clause;
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d) A fine of between VND 10,000,000 and 15,000,000
for acts of failing to realize program on environmental observation and
supervision under regulations;
e) A fine of between VND 15,000,000 and 20,000,000
for acts of failing to improperly build and install, failing to regularly
operate or improperly operating environmental treatment facilities according to
contents of environmental protection commitments already been certified by
competent state agencies;
f) A fine of between VND 20,000,000 and 25,000,000
for acts of failing to build and install, failing to operate environmental treatment
facilities according to contents of environmental protection commitments
already been certified by competent state agencies;
g) A fine of between VND 25,000,000 and 30,000,000
for acts of failing to realize all contents of environmental protection
commitments already been certified by competent state agencies.
3. Form of additional sanction:
a) Suspension of establishment’s activities causing
environmental pollution, from 01 month to 03 months, for violations specified
at point d and point e Clause 1 this Article;
b) Suspension of establishment’s activities causing
environmental pollution, from 03 months to 06 months, for violations specified
at point f and point g Clause 2 this Article.
4. Remedial measures:
a) Forcible operation which is proper with the
process for the environment treatment works, forcible dismantlement of
environmental treatment works which are constructed and installed in
contravention with provisions on environmental protection or cause environment
pollution, for violations specified at point c Clause 1 and point d Clause 2
this Article;
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c) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article.
Article 9. Violations of
regulations on implementation of report on environment impact assessment
1. Violations of regulations on implementation of
the approved report on environment impact assessment shall be sanctioned as
follows:
a) A fine of between VND 5,000,000 and 10,000,000
for act of failing to have written report, reporting later than the prescribed
time limit to agencies approved the report on environment impact assessment ,
regarding the environment management plan;
b) A fine of between VND 10,000,000 and 15,000,000
for act of failing to list publicly the environment management plan of project
at location of project implementation and head office of the communal-level
People’s Committee where the consultation to the community has been implemented
for people to be informed, inspect and supervise;
c) A fine of between VND 15,000,000 and 20,000,000
for act of reporting wrongly with the truth to agencies approved report on
environment impact assessment regarding the environment management plan or
adjustments, modifications of contents, measures to protect environment in
report on environment impact assessment ;
d) A fine of between VND 20,000,000 and 30,000,000
for act of making, approving improperly with one of contents in the environment
management plan;
e) A fine of between VND 30,000,000 and 40,000,000
for act of making, approving insufficiently one of contents in the environment
management plan;
f) A fine of between VND 40,000,000 and 50,000,000
for act of failing to make, approve the environment management plan under
regulations;
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h) A fine of between VND 60,000,000 and 70,000,000
for act of failing to implement the environment observation and supervision
program under regulations;
i) A fine of between VND 70,000,000 and 80,000,000
for act of failing to implement properly with one of contents of the approved
report on environment impact assessment, except for cases specified at points
a, b, d and g this Clause;
k) A fine of between VND 80,000,000 and 90,000,000
for act of implement insufficiently one of contents of the approved report on
environment impact assessment, except for cases specified at points a, b, e, f
and m this Clause;
l) A fine of between VND 90,000,000 and 100,000,000
for act of failing to cooperate with the management agencies for environmental
protection in inspecting implementation of the environment management plan and
works, measures to protect environment, prevent and respond environment
incidents; failing to supply sufficiently information and date involving
project as requested;
m) A fine of between VND 100,000,000 and
110,000,000 for act of failing to construct and install the works for environmental
protection; failing to operate for test on the waste treatment works of
project; failing to conduct pre-acceptance test of the works for environmental
protection under regulations; failing to make, approve the environment
management plan under regulations; failing to make, approve and implement the
plan on cleaning lake bed before storing water in case where project has
content of investment in construction of irrigation reservoirs or Hydro-power
reservoirs;
n) A fine of between VND 110,000,000 and 120,000,000
for act of failing to implement all measures to protect environment in stage of
investment preparation and stage of construction of project;
o) A fine of between VND 120,000,000 and
130,000,000 for act of failing to stop immediately activities of project which
cause malfunction influencing badly to environment quality and community’s
health; failing to organize response for incidents; failing to conduct
emergency notice to the provincial environment management agencies and relevant
agencies where project is implemented to be directed and cooperated in
handling; reporting wrongly with the truth about result of implementation of
works, measures to protect environment serving for the operation stage of
project or results of measurement, analysis of environmental samples of project
improperly with the actual pollution of the discharging sources;
p) A fine of between VND 130,000,000 and
140,000,000 for act of failing to make dossier of requesting for examination and
confirmation involving available implementation of works, measures for
environmental protection serving for the operation stage of project under
regulations and send it to agencies approved reports on environment impact
assessment in order to be checked and certified implementation before putting
the project into official operation;
q) A fine of between VND 140,000,000 and
150,000,000 for act of failing to have confirmation on available implementation
of works, measures for environmental protection serving for the operation stage
of project or confirmation on available implementation of one of work items of
a invested project in case where project has been divided investment period
into many stages before putting the project, works into official operation;
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2. A fine of between VND 180,000,000 and
200,000,000 for act of failing to make report on environment impact assessment
of project under regulations.
3. Form of additional sanction:
Suspension of establishment’s activities or
activities causing environmental pollution of concentrated production, business
or service zones, from 03 months to 06 months, for violations specified at
points m, n, o and q Clause 1 and Clause 2 this Article.
4. Remedial measures:
Forcible construction and installation of
environment treatment works meeting technical regulations; forcible
implementation of measures to remedy environment pollution within a time limit
set by person competent to sanction in decision on sanction of administrative
violation, for violations specified in this Article.
Article 10. Violations of
regulations on service of advisory for making reports on environment impact
assessment and providing service of appraising reports on environment impact
assessment
1. Violations of regulations on service of advisory
for making reports on environment impact assessment to owners of project shall
be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
for act of failing to have environment officers with 05-year experiences or
more in case of possessing university degree, 03-year experience in case of
possessing master’s degree, 01-year experience in case of doctor’s degree;
failing to have officers trained in specialties related to project at
university qualification or higher;
b) A fine of between VND 10,000,000 and 30,000,000
for act of failing to have material-technical establishments, special-use
equipment for measurement, sampling, processing, analyzing environment samples,
ensuring technically under regulations;
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d) A fine of between VND 80,000,000 and 100,000,000
for act of failing to satisfy sufficiently all conditions for supplying service
of advisory for making reports on environment impact assessment but still
making reports on environment impact assessment;
e) A fine of between VND 100,000,000 and
150,000,000 for act of providing service of advisory for making reports on
environment impact assessment violating provisions in this Clause and causing
consequences on environment pollution.
2. Violations of regulations on supplying service
of appraisal of reports on environment impact assessment to owners of project
shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
for act of supplying service of appraisal of reports on environment impact
assessment upon not being eligible under regulations;
b) A fine of between VND 100,000,000 and
150,000,000 for act of providing service of appraising reports on environment
impact assessment violating provisions at point a this Clause and causing
consequences on environment pollution.
3. Form of additional sanction:
a) Suspension of activities of supplying services
of advisory for making reports on environment impact assessment, from 03 months
to 06 months, for violations specified at Clause 1 this Article;
b) Suspension of activities of supplying services
of appraising reports on environment impact assessment, from 06 months to 09
months, for violations specified at Clause 2 this Article;
Article 11. Violations of
regulations on scheme of environmental protection
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a) A fine of between VND 1,000,000 and 3,000,000
for act of failing to have written report of agencies conducting confirmation
on scheme of environment protection regarding completion of measures for
environmental protection under regulations;
b) A fine of between VND 3,000,000 and 5,000,000
for act of implementing improperly with one of contents in the certified scheme
of environmental protection, except for cases specified at points a, d and e
this Clause;
c) A fine of between VND 5,000,000 and 7,000,000
for act of implementing improperly with one of contents in the certified scheme
of environmental protection, except for cases specified at points a, e and g
this Clause;
d) A fine of between VND 7,000,000 and 9,000,000
for act of implementing improperly, insufficiently the environment observation
and supervision program under regulations (about position, frequency or
parameters of environment supervision);
e) A fine of between VND 9,000,000 and 11,000,000
for act of failing to implement the environment observation and supervision program
under regulations;
f) A fine of between VND 11,000,000 and 13,000,000
for act of improper construction and installation, failing to operate regularly
or operating improperly with the process for the environment treatment works
committed in the certified scheme of environmental protection;
g) A fine of between VND 13,000,000 and 15,000,000
for act of failing to construct and install, failing to operate the environment
treatment works committed in the certified scheme of environmental protection;
h) A fine of between VND 15,000,000 and 20,000,000
for act of failing to implement all contents in the certified scheme of
environmental protection.
2. Violations of regulations on the detailed scheme
of environmental protection, scheme on environmental protection in the approval
duty of the provincial Services of Natural Resources and Environment, the
provincial People’s Committees or agencies authorized by the provincial
Services of Natural Resources and Environment, the provincial People’s
Committees shall be sanctioned as follows:
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b) A fine of between VND 10,000,000 and 30,000,000
for act of implementing improperly with one of contents in the approved scheme
of environmental protection, except for cases specified at points a, d and f
this Clause;
c) A fine of between VND 30,000,000 and 50,000,000
for act of implementing insufficiently one of contents in the approved scheme
of environmental protection, except for cases specified at points a, e and g
this Clause;
d) A fine of between VND 50,000,000 and 60,000,000
for act of implementing improperly, insufficiently the environment observation
and supervision program under regulations (about position, frequency or
parameters of environment supervision);
e) A fine of between VND 60,000,000 and 70,000,000
for act of failing to implement the environment observation and supervision
program under regulations;
f) A fine of between VND 70,000,000 and 80,000,000
for act of improper construction and installation, failing to operate regularly
or operating improperly with the process for the environment treatment works
committed in the certified scheme of environmental protection;
g) A fine of between VND 80,000,000 and 100,000,000
for act of failing to construct and install, failing to operate the environment
treatment works committed in the certified scheme of environmental protection;
h) A fine of between VND 100,000,000 and
150,000,000 for act of failing to implement all contents in the certified
scheme of environmental protection.
3. Violations of regulations on the detailed scheme
of environmental protection in the approval duty of Ministries and
Ministerial-level agencies shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 20,000,000
for act of failing to have written report of agencies conducting approval for
scheme of environment protection regarding completion of measures for
environmental protection under regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 50,000,000 and 60,000,000
for act of implementing insufficiently one of contents in the approved scheme
of environmental protection, except for cases specified at points a, e and g
this Clause;
d) A fine of between VND 60,000,000 and 70,000,000
for act of implementing improperly, insufficiently the environment observation
and supervision program under regulations (about position, frequency or parameters
of environment supervision);
e) A fine of between VND 70,000,000 and 80,000,000
for act of failing to implement the environment observation and supervision
program;
f) A fine of between VND 80,000,000 and 100,000,000
for act of improper construction and installation, failing to operate regularly
or operating improperly with the process for the environment treatment works
committed in the approved scheme of environmental protection;
g) A fine of between VND 100,000,000 and
150,000,000 for act of failing to construct and install, failing to operate the
environment treatment works committed in the approved scheme of environmental
protection;
h) A fine of between VND 150,000,000 and
200,000,000 for act of failing to implement all contents in the approved scheme
of environmental protection.
4. Form of additional sanction:
a) Suspension of establishment’s activities causing
environmental pollution, from 01 month to 03 months, for violations specified
at point g Clause 1, point g Clause 2 and point g Clause 3 this Article;
b) Suspension of activities causing environmental
pollution of the concentrated production, business or service zones, from 03
months to 06 months, for violations specified at point g and point h Clause 1,
point g and point h Clause 2 and point g and point h Clause 3 this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Remedial measures:
a) Forcible operation which is proper with the
process for the environment treatment works, for violations specified at point
f and point g Clause 1 and point g Clause 2 and point f and point g Clause 3 of
this Article;
b) Forcible construction and installation of the environment
treatment works within a time limit set by person competent to sanction in
decision on sanction of administrative violation, for violations specified at
point g and point h Clause 1, point g and point h Clause 2, and point g and
point h clause 3 of this Article;
c) Forcible dismantlement of the environment
treatment works which are constructed and installed improperly with contents in
the certified or approved schemes of environmental protection in case where
such works violate regulations on environmental protection or cause environment
pollution, for violations specified at point f Clause 1, point f Clause 2 and
point f Clause 3 this Article;
d) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article.
Article 12. Violations of
regulations on environmental protection in production, business and service
activities without commitments on environmental protection or reports on
environment impact assessment
1. For production, business
and service activities with scale and output equivalent to cases required for
making commitments on environmental protection of objects not required for
making investment project shall be sanctioned as follows:
a) A fine of between VND 500,000 and 1,000,000 for
act of failing to apply measures to prevent and limit adverse impacts to
environment due to activities of individuals, organizations; failing to
implement remedy of environment pollution due to activities of individuals,
organizations;
b) A fine of between VND 1,000,000 and 1,500,000
for act of letting leakage, dispersing emitted gas, toxic steam, gas to
environment; failing to apply measures to limit noise, heat emission causing
adverse influences to environment and people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 2,000,000 and 3,000,000
for act of failing to have a certified commitment on environmental protection
under regulations.
2. For production, business and service activities
with scale and output equivalent to cases required for making commitments on
environmental protection of objects required for making investment project
shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
for act of failing to apply measures to prevent and limit adverse impacts to
environment due to activities of individuals, organizations; failing to
implement remedy of environment pollution due to activities of individuals,
organizations; failing to implement the reporting regime and environment
observation under regulations;
b) A fine of between VND 10,000,000 and 30,000,000
for act of failing to have a system of collecting sewage which is separate from
system of storm water drainage in case of having sewage from production in
excess of environment technical regulations; failing to have sufficiently
equipment, devices for collecting, storing, classifying solid waste at source;
letting leakage, dispersing emitted gas, toxic steam, gas to environment;
failing to apply measures to limit noise, heat emission causing adverse
influences to surrounding environment and people;
c) A fine of between VND 30,000,000 and 40,000,000
for act of failing to have a system of sewage and gas treatment satisfying
technical regulations on environment; designing, installing pipelines, valves
improperly with process of waste treatment;
d) A fine of between VND 40,000,000 and 50,000,000
for act of failing to have a certified commitment on environmental protection
under regulations.
3. For production, business and service activities
with scale and output equivalent to cases required for making reports on
environment impact assessment to submit to Ministries, Ministerial-level
agencies and the provincial People’s Committees for approval shall be
sanctioned as follows:
a) A fine of between VND 10,000,000 and 50,000,000
for act of failing to apply measures to prevent and limit adverse impacts to
environment due to activities of individuals, organizations; failing to
implement remedy of environment pollution due to activities of individuals,
organizations; failing to implement the reporting regime and environment
observation under regulations;
b) A fine of between VND 50,000,000 and 100,000,000
for act of failing to have a system of collecting sewage which is separate from
system of storm water drainage in case of having sewage from production in
excess of environment technical regulations; failing to have sufficiently
equipment, devices for collecting, storing, classifying solid waste at source;
letting leakage, dispersing emitted gas, toxic steam, gas to environment;
failing to apply measures to limit noise, heat emission causing adverse
influences to surrounding environment and people;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 200,000,000 and
250,000,000 for act of failing to have an approved report on environment impact
assessment under regulations.
4. Form of additional sanction:
Suspension of establishment’s activities or
activities causing environmental pollution of concentrated production, business
or service zones, from 06 months to 12 months, for violations specified at
point d Clause 1, point d Clause 2 and point d Clause 3 this Article.
5. Remedial measures:
a) Forcible application of measures to manage solid
waste, hazardous waste, minimize noise and
vibration, and process sewage, emitted gas to meet technical regulations
on waste within a time limit set by person competent to sanction in decision on
sanction of administrative violation, for violations specified in this Article;
b) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article.
Article 13. Violations of regulations
on discharging sewage with non-hazardous environment parameters into
environment
1. Act of discharging sewage less than twice in
excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and 5,000,000 in
case of discharging volume of sewage less than 05 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 20,000,000 and 30,000,000
in case of discharging volume of sewage of between 10 m3/day (24
hours) and less than 20 m3/day (24 hours);
d) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage of between 20 m3/day (24
hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 40 m3/day (24
hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 130,000,000 and 140,000,000
in case of discharging volume of sewage of between 200 m3/day (24
hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
x) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
2. Act of discharging sewage twice and less than 05
times in excess of technical regulations on waste shall be sanctioned as
follows:
a) A fine of between VND 10,000,000 and 20,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 20,000,000 and 30,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and less than 10 m3/day (24 hours);
c) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage of between 10 m3/day (24
hours) and 20 m3/day (24 hours);
d) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 20 m3/day (24
hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 160,000,000 and 180,000,000
in case of discharging volume of sewage of between 600 m3/day (24
hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
n) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
s) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
x) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
3. Act of discharging sewage of between 05 times and
less than 10 times in excess of technical regulations on waste shall be
sanctioned as follows:
a) A fine of between VND 20,000,000 and 30,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 10 m3/day (24
hours) and 20 m3/day (24 hours);
d) A fine of between VND 100,000,000 and
100,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) A fine of between VND 220,000,000 and 250,000,000
in case of discharging volume of sewage of between 1,000 m3/day (24
hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 350,000,000 and 400,000,000
in case of discharging volume of sewage of between 2,500 m3/day (24
hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
x) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 750,000,000 and
850,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
4. Act of discharging sewage of 10 times or more in
excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 05 m3/day (24 hours)
and less than 10 m3/day (24 hours);
c) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 10 m3/day
(24 hours) and 20 m3/day (24 hours);
d) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
n) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
s) A fine of between VND 500,000,000 and 550,000,000
in case of discharging volume of sewage of between 3,500 m3/day (24
hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
x) A fine of between VND 750,000,000 and
850,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 850,000,000 and 950,000,000
in case of discharging volume of sewage of 10,000 m3/day (24 hours)
or more.
5. An increase of 1% of the corresponding fine, for
violations specified in this article for each environment parameter less than
twice in excess of technical regulations; 2% for each environment parameter of
between twice and less than 05 times in excess of technical regulations; 3% for
each environment parameter of between 05 and less than 10 times in excess of
technical regulations; 4% for each environment parameter of 10 times or more in
excess of technical regulations. Total fine level for each violation shall not
exceed VND 1,000,000,000.
6. Form of additional sanction:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Suspension of establishment’s activities or
activities causing environmental pollution of concentrated production, business
or service zones, from 06 months to 12 months, for violations specified at
points w, v, x and y Clause 2, points u, w, v, x and y Clause 3 and points t,
u, w, v, x and y Clause 4 of this Article.
7. Remedial measures:
a) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article;
b) Forcible return of illegal benefits gained from
committing administrative violations for violations specified in this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article.
Article 14. Violations of
regulations on discharging sewage with hazardous environment parameters into
environment
1. Act of discharging sewage less than twice in
excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 3,000,000 and 5,000,000 in
case of discharging volume of sewage less than 05 m3/day (24 hours);
b) A fine of between VND 5,000,000 and 30,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and less than 10 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 20 m3/day (24
hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
2. Act of discharging sewage of between twice and
less than 03 times in excess of technical regulations on waste shall be
sanctioned as follows:
a) A fine of between VND 20,000,000 and 30,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and less than 10 m3/day (24 hours);
c) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 10 m3/day (24
hours) and 20 m3/day (24 hours);
d) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and 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 of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 200,000,000 and 220,000,000
in case of discharging volume of sewage of between 800 m3/day (24
hours) and less than 1,000 m3/day (24 hours);
n) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 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 of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
x) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 750,000,000 and
850,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
3. Act of discharging sewage of between 03 times
and less than 05 times in excess of technical regulations on waste shall be
sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and 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 of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 130,000,000 and 140,000,000
in case of discharging volume of sewage of between 60 m3/day (24
hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and 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 of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 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 of between VND 850,000,000 and
950,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
4. Act of discharging sewage of 05 times or more in
excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 05 m3/day
(24 hours) and less than 10 m3/day (24 hours);
c) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 10 m3/day
(24 hours) and 20 m3/day (24 hours);
d) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and 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 of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
n) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 750,000,000 and
850,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
x) A fine of between VND 850,000,000 and
950,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 950,000,000 and
1,000,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
5. Act of discharging sewage in excess of technical
regulations on waste with pH from 04 to the allowed lower limit of technical
regulations or from the allowed upper limit of technical regulations to less
than 10.5 shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and 30,000,000 in
case of discharging volume of sewage less than 05 m3/day (24 hours);
b) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and less than 10 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 400,000,000 and 450,000,000
in case of discharging volume of sewage of between 3,000 m3/day (24
hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine of between VND 750,000,000 and
800,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
6. Act of discharging sewage in excess of technical
regulations on waste with pH from 02 to less than 04 or from 10.5 to less than
12.5 shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage of between 05 m3/day (24
hours) and less than 10 m3/day (24 hours);
c) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 10 m3/day
(24 hours) and 20 m3/day (24 hours);
d) A fine of between VND 110,000,000 and
120,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and 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 of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 200,000,000 and 220,000,000
in case of discharging volume of sewage of between 600 m3/day (24
hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and less than 1,000 m3/day (24 hours);
n) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 1,000 m3/day
(24 hours) and less than 1,500 m3/day (24 hours);
o) A fine of between VND 300,000,000 and
350,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 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 of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 4,000 m3/day
(24 hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 600,000,000 and
650,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 6,000 m3/day
(24 hours) and less than 8,000 m3/day (24 hours);
x) A fine of between VND 750,000,000 and
850,000,000 in case of discharging volume of sewage of between 8,000 m3/day
(24 hours) and less than 10,000 m3/day (24 hours);
y) A fine of between VND 850,000,000 and
980,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
7. Act of discharging sewage in excess of technical
regulations on waste with pH from 0 to less than 02 or from 12.5 to 14 shall be
sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case of discharging volume of sewage less than 05 m3/day (24
hours);
b) A fine of between VND 100,000,000 and
110,000,000 in case of discharging volume of sewage of between 05 m3/day
(24 hours) and 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 of between VND 120,000,000 and
130,000,000 in case of discharging volume of sewage of between 20 m3/day
(24 hours) and less than 40 m3/day (24 hours);
e) A fine of between VND 130,000,000 and
140,000,000 in case of discharging volume of sewage of between 40 m3/day
(24 hours) and less than 60 m3/day (24 hours);
f) A fine of between VND 140,000,000 and
150,000,000 in case of discharging volume of sewage of between 60 m3/day
(24 hours) and less than 80 m3/day (24 hours);
g) A fine of between VND 150,000,000 and
160,000,000 in case of discharging volume of sewage of between 80 m3/day
(24 hours) and less than 100 m3/day (24 hours);
h) A fine of between VND 160,000,000 and
180,000,000 in case of discharging volume of sewage of between 100 m3/day
(24 hours) and less than 200 m3/day (24 hours);
i) A fine of between VND 180,000,000 and
200,000,000 in case of discharging volume of sewage of between 200 m3/day
(24 hours) and less than 400 m3/day (24 hours);
k) A fine of between VND 200,000,000 and
220,000,000 in case of discharging volume of sewage of between 400 m3/day
(24 hours) and less than 600 m3/day (24 hours);
l) A fine of between VND 220,000,000 and
250,000,000 in case of discharging volume of sewage of between 600 m3/day
(24 hours) and less than 800 m3/day (24 hours);
m) A fine of between VND 250,000,000 and
300,000,000 in case of discharging volume of sewage of between 800 m3/day
(24 hours) and 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 of between VND 350,000,000 and
400,000,000 in case of discharging volume of sewage of between 1,500 m3/day
(24 hours) and less than 2,000 m3/day (24 hours);
p) A fine of between VND 400,000,000 and
450,000,000 in case of discharging volume of sewage of between 2,000 m3/day
(24 hours) and less than 2,500 m3/day (24 hours);
q) A fine of between VND 450,000,000 and
500,000,000 in case of discharging volume of sewage of between 2,500 m3/day
(24 hours) and less than 3,000 m3/day (24 hours);
r) A fine of between VND 500,000,000 and
550,000,000 in case of discharging volume of sewage of between 3,000 m3/day
(24 hours) and less than 3,500 m3/day (24 hours);
s) A fine of between VND 550,000,000 and
600,000,000 in case of discharging volume of sewage of between 3,500 m3/day
(24 hours) and less than 4,000 m3/day (24 hours);
t) A fine of between VND 600,000,000 and 650,000,000
in case of discharging volume of sewage of between 4,000 m3/day (24
hours) and less than 4,500 m3/day (24 hours);
u) A fine of between VND 650,000,000 and
700,000,000 in case of discharging volume of sewage of between 4,500 m3/day
(24 hours) and less than 5,000 m3/day (24 hours);
w) A fine of between VND 700,000,000 and
750,000,000 in case of discharging volume of sewage of between 5,000 m3/day
(24 hours) and less than 6,000 m3/day (24 hours);
v) A fine of between VND 750,000,000 and 850,000,000
in case of discharging volume of sewage of between 6,000 m3/day (24
hours) and less than 8,000 m3/day (24 hours);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
y) A fine of between VND 950,000,000 and
1,000,000,000 in case of discharging volume of sewage of 10,000 m3/day
(24 hours) or more.
8. A fine of between VND 950,000,000 and
1,000,000,000 for act of discharging sewage which contains radioactive
substances causing environmental radioactive contamination in excess of
prescribed technical regulations.
9. An increase of 1% of the corresponding fine, for
violations specified in this Article for each environment parameter less than
twice in excess of technical regulations; 2% for each environment parameter of
between twice and less than 03 times in excess of technical regulations or
value pH from 04 to the allowed lower limit of technical regulations or from
the upper limit of technical regulations to less than 10.5; 3% for each
environment parameter of between 03 times and less than 05 times in excess of
technical regulations or value pH from 02 to less than 04 or from 10.5 to less
than 12.5; 4% for each environment parameter of 05 times or more in excess of
technical regulations or value pH less than 02 or from 12.5 to 14. Total fine
for each violation does not exceed 1,000,000,000 VND.
10. Form of additional sanction:
a) Suspension of activities causing environment
pollution of establishments or concentrated production, business or service
zones, from 03 months to 06 months, for violations specified at points h, i, k,
l, m, n, o, p, q, r, s and t Clause 2, points g, h, i, k, l, m, n, o, p, q, r
and s Clause 3, points f, g, h, i, k, l, m, n, o, p, q and r Clause 4, points
h, i, k, l, m, n, o, p, q, r, s and t Clause 5, points g, h, i, k, l, m, n, o,
p, q, r and s Clause 6 and points f, g, h, i, k, l, m, n, o, p, q and r Clause
7 of this Article;
b) Suspension of establishment’s activities or
activities causing environmental pollution of concentrated production, business
or service zones, from 06 months to 12 months, for violations specified at
points u, w, v, x and y Clause 2, points s, t, u, w, v, x and y Clause 3,
points s, t, u, w, v, x and y Clause 4, points u, w, v, x and y Clause 5,
points t, u, w, v, x and y Clause 6, points s, t, u, w, v, x and y Clause 7 and
Clause 8 of this Article.
11. Remedial measures:
a) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article;
b) Forcible return of illegal benefits gained from
committing administrative violations for violations specified in this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 15. Violations of
discharging dust, emitted gas which contain non-hazardous environmental
parameters into environment
1. A fine of between VND 1,000,000 and 3,000,000
for act of discharging fetid odors into the environment.
2. Act of discharging gas, dust of less than 1.5
times in excess of technical regulations on waste shall be sanctioned as
follows:
a) A fine of between VND 5,000,000 and 10,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 10,000,000 and 20,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 20,000,000 and 30,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
e) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 15,000 m3/hour and less than
20,000 m3/hour;
f) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 20,000 m3/hour and less than
25,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
o) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
p) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
s) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
w) A fine of between VND 700,000,000 and
750,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 750,000,000 and 800,000,000
in case of waste gas flow of 100,000 m3/hour or more;
3. Act of discharging gas, dust of between 1.5
times and less than twice in excess of technical regulations on waste shall be
sanctioned as follows:
a) A fine of between VND 10,000,000 and 20,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 20,000,000 and 30,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 15,000 m3/hour and less than
20,000 m3/hour;
f) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 20,000 m3/hour and less than
25,000 m3/hour;
g) A fine of between VND 110,000,000 and 130,000,000
in case of waste gas flow of between 25,000 m3/hour and less than
30,000 m3/hour;
h) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
p) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
s) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 700,000,000 and 750,000,000
in case of waste gas flow of between 90,000 m3/hour and less than
95,000 m3/hour;
w) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 800,000,000 and
850,000,000 in case of waste gas flow of 100,000 m3/hour or more.
4. Act of discharging gas, dust of between twice
and less than 03 times in excess of technical regulations on waste shall be
sanctioned as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
e) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 15,000 m3/hour and less than
20,000 m3/hour;
f) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 20,000 m3/hour and
less than 25,000 m3/hour;
g) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
h) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
m) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
o) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 60,000 m3/hour and less
than 65,000 m3/hour;
p) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
s) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 700,000,000 and
750,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
v) A fine of between VND 850,000,000 and
900,000,000 in case of waste gas flow of 100,000 m3/hour or more.
5. Act of discharging gas, dust of 03 times or more
in excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
e) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 15,000 m3/hour and
less than 20,000 m3/hour;
f) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 20,000 m3/hour and
less than 25,000 m3/hour;
g) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine of between VND 250,000,000 and 300,000,000
in case of waste gas flow of between 35,000 m3/hour and less than
40,000 m3/hour;
k) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
o) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
p) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
t) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 800,000,000 and 850,000,000
in case of waste gas flow of between 90,000 m3/hour and less than
95,000 m3/hour;
w) A fine of between VND 850,000,000 and
900,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 900,000,000 and
950,000,000 in case of waste gas flow of 100,000 m3/hour or more.
6. An increase of 1% of the corresponding fine, for
violations specified in this article for each environment parameter of less
than 1.5 times in excess of technical regulations; 2% for each environment
parameter of between 1.5 times and less than twice in excess of technical
regulations; 3% for each environment parameter of between 02 and less than 03
times in excess of technical regulations; 4% for each environment parameter of
03 times or more in excess of technical regulations. Total fine level for each
violation shall not exceed VND 1,000,000,000.
7. Form of additional sanction:
a) Suspension of activities causing environment
pollution of establishments, from 03 months to 06 months, for violations
specified at 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;
b) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at points t, u, w and v Clause
2, points s, t, u, w and v Clause 3, points r, s, t, u, w and v Clause 4, and
points q, r, s, t, u, w and v Clause 5 of this Article.
8. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Forcible return of illegal benefits gained from
committing administrative violations for violations specified in this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article.
Article 16. Violations of
discharging dust, emitted gas which contain hazardous environmental parameters
into environment
1. A fine of between VND 3,000,000 and 5,000,000
for acts of emitting the chemicals, steam of organic solvent in production zone
or residential areas causing typical smell of such chemicals, steam of organic
solvent.
2. Act of discharging gas, dust of less than 1.5
times in excess of technical regulations on waste shall be sanctioned as
follows:
a) A fine of between VND 10,000,000 and 20,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 20,000,000 and 30,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 20,000 m3/hour and less than
25,000 m3/hour;
g) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
h) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 350,000,000 and 400,000,000
in case of waste gas flow of between 55,000 m3/hour and less than
60,000 m3/hour;
o) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
q) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
s) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 700,000,000 and
750,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
w) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 800,000,000 and
850,000,000 in case of waste gas flow of 100,000 m3/hour or more.
3. Act of discharging gas, dust of between 1.5
times and less than 02 times in excess of technical regulations on waste shall
be sanctioned as follows:
a) A fine of between VND 20,000,000 and 30,000,000
in case of waste gas flow less than 500 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
e) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 15,000 m3/hour and less than
20,000 m3/hour;
f) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 20,000 m3/hour and
less than 25,000 m3/hour;
g) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
h) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) A fine of between VND 400,000,000 and 450,000,000
in case of waste gas flow of between 55,000 m3/hour and less than
60,000 m3/hour;
o) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
p) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
s) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 700,000,000 and
750,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
w) A fine of between VND 800,000,000 and
850,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Act of discharging gas, dust of between twice
and less than 03 times in excess of technical regulations on waste shall be
sanctioned as follows:
a) A fine of between VND 30,000,000 and 50,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 5,000 m3/hour and less than 10,000
m3/hour;
d) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 10,000 m3/hour and less than
15,000 m3/hour;
e) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 15,000 m3/hour and less
than 20,000 m3/hour;
f) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 20,000 m3/hour and
less than 25,000 m3/hour;
g) A fine of between VND 150,000,000 and
200,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
h) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
o) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
p) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
q) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 70,000 m3/hour and
less than 75,000 m3/hour;
r) A fine of between VND 650,000,000 and
700,000,000 in case of waste gas flow of between 75,000 m3/hour and
less than 80,000 m3/hour;
s) A fine of between VND 700,000,000 and
750,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
u) A fine of between VND 800,000,000 and
850,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
w) A fine of between VND 850,000,000 and
900,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 900,000,000 and
950,000,000 in case of waste gas flow of 100,000 m3/hour or more.
5. Act of discharging gas, dust of 03 times or more
in excess of technical regulations on waste shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and 70,000,000
in case of waste gas flow less than 500 m3/hour;
b) A fine of between VND 70,000,000 and 90,000,000
in case of waste gas flow of between 500 m3/hour and less than 5,000
m3/hour;
c) A fine of between VND 90,000,000 and 110,000,000
in case of waste gas flow of between 5,000 m3/hour and less than
10,000 m3/hour;
d) A fine of between VND 110,000,000 and
130,000,000 in case of waste gas flow of between 10,000 m3/hour and
less than 15,000 m3/hour;
e) A fine of between VND 130,000,000 and
150,000,000 in case of waste gas flow of between 15,000 m3/hour and
less than 20,000 m3/hour;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) A fine of between VND 200,000,000 and
250,000,000 in case of waste gas flow of between 25,000 m3/hour and
less than 30,000 m3/hour;
h) A fine of between VND 250,000,000 and
300,000,000 in case of waste gas flow of between 30,000 m3/hour and
less than 35,000 m3/hour;
i) A fine of between VND 300,000,000 and
350,000,000 in case of waste gas flow of between 35,000 m3/hour and
less than 40,000 m3/hour;
k) A fine of between VND 350,000,000 and
400,000,000 in case of waste gas flow of between 40,000 m3/hour and
less than 45,000 m3/hour;
l) A fine of between VND 400,000,000 and
450,000,000 in case of waste gas flow of between 45,000 m3/hour and
less than 50,000 m3/hour;
m) A fine of between VND 450,000,000 and
500,000,000 in case of waste gas flow of between 50,000 m3/hour and
less than 55,000 m3/hour;
n) A fine of between VND 500,000,000 and
550,000,000 in case of waste gas flow of between 55,000 m3/hour and
less than 60,000 m3/hour;
o) A fine of between VND 550,000,000 and
600,000,000 in case of waste gas flow of between 60,000 m3/hour and
less than 65,000 m3/hour;
p) A fine of between VND 600,000,000 and
650,000,000 in case of waste gas flow of between 65,000 m3/hour and
less than 70,000 m3/hour;
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r) A fine of between VND 700,000,000 and 750,000,000
in case of waste gas flow of between 75,000 m3/hour and less than
80,000 m3/hour;
s) A fine of between VND 750,000,000 and
800,000,000 in case of waste gas flow of between 80,000 m3/hour and
less than 85,000 m3/hour;
t) A fine of between VND 800,000,000 and
850,000,000 in case of waste gas flow of between 85,000 m3/hour and
less than 90,000 m3/hour;
u) A fine of between VND 850,000,000 and
900,000,000 in case of waste gas flow of between 90,000 m3/hour and
less than 95,000 m3/hour;
w) A fine of between VND 900,000,000 and
950,000,000 in case of waste gas flow of between 95,000 m3/hour and
less than 100,000 m3/hour;
v) A fine of between VND 950,000,000 and
1,000,000,000 in case of waste gas flow of 100,000 m3/hour or more.
6. A fine of between VND 950,000,000 and
1,000,000,000 for act of discharging gas, dust which contain radioactive
substances causing environmental radioactive contamination in excess of the
prescribed technical regulations.
7. An increase of 1% of the
corresponding fine, for violations specified in this article for each
environment parameter less than 1.5 times in excess of technical regulations;
2% for each environment parameter of between 1.5 times and less than twice in
excess of technical regulations; 3% for each environment parameter of between
twice and less than 03 times in excess of technical regulations; 4% for each
environment parameter of 03 times or more in excess of technical regulations.
Total fine level for each violation shall not exceed VND 1,000,000,000.
8. Form of additional sanction:
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b) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at points s, t, u, w and v
Clause 2, points r, s, t, u, w and v Clause 3, points q, r, s, t, u, w and v
Clause 4, and points p, q, r, s, t, u, w and v Clause 5 and Clause 6 of this
Article.
9. Remedial measures:
a) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article;
b) Forcible return of illegal benefits gained from
committing administrative violations for violations specified in this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article.
Article 17. Violations of
regulations on noise
1. A fine of between VND 1,000,000 and 5,000,000 for
act of making noise less than 5 dBA in excess of technical regulations on
noise.
2. A fine of between VND 5,000,000 and 20,000,000
for act of making noise of between 05 dBA and less than 10 dBA in excess of
technical regulations on noise.
3. A fine of between VND 20,000,000 and 40,000,000
for act of making noise of between 10 dBA and less than 15 dBA in excess of
technical regulations on noise.
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5. A fine of between VND
60,000,000 and 80,000,000 for act of making noise of between 20 dBA and less
than 25 dBA in excess of technical regulations on noise.
6. A fine of between VND 80,000,000 and 100,000,000
for act of making noise of between 25 dBA and less than 30 dBA in excess of
technical regulations on noise.
7. A fine of between VND 100,000,000 and
120,000,000 for act of making noise of between 30 dBA and less than 35 dBA in
excess of technical regulations on noise.
8. A fine of between VND 120,000,000 and
140,000,000 for act of making noise of between 35 dBA and less than 40 dBA in
excess of technical regulations on noise.
9. A fine of between VND 140,000,000 and
160,000,000 for act of making noise of more than 40 dBA in excess of technical
regulations on noise.
10. Form of additional sanction:
a) Suspension of establishment’s activities causing
noise pollution, from 03 months to 06 months, for violations specified at
Clauses 3, 4, 5 and 6 of this Article;
b) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at Clauses 7, 8 and 9 of this
Article.
11. Remedial measures:
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b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on noise in excess of environment technical regulations or causing noise
pollution according to the current norm and unit price for violations specified
in this Article.
Article 18. Violations of
regulations on vibration
1. Violations of regulations on vibration in
construction operation shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and 5,000,000
for act of causing vibration less than 5 dB in excess of technical regulations
on vibration;
b) A fine of between VND 5,000,000 and 20,000,000
for act of causing vibration of between 5 dB and less than 10dB in excess of
technical regulations on vibration;
c) A fine of between VND 20,000,000 and 40,000,000
for act of causing vibration of between 10 dB and less than 15 dB in excess of
technical regulations on vibration;
d) A fine of between VND 40,000,000 and 60,000,000
for act of causing vibration of between 15 dB and less than 20 dB in excess of
technical regulations on vibration;
e) A fine of between VND 60,000,000 and 80,000,000
for act of causing vibration of between 20 dB and less than 25 dB in excess of
technical regulations on vibration;
f) A fine of between VND 80,000,000 and 100,000,000
for act of causing vibration of between 25 dB and less than 30 dB in excess of
technical regulations on vibration;
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h) A fine of between VND 120,000,000 and
140,000,000 for act of causing vibration of between 35 dB and less than 40 dB
in excess of technical regulations on vibration;
i) A fine of between VND 140,000,000 and
160,000,000 for act of causing vibration of 40 dB or more in excess of
technical regulations on vibration.
2. Violations of regulations on vibration in
production, trading and service activities shall be sanctioned as follows:
a) A fine of between VND 3,000,000 and 5,000,000
for act of causing vibration less than 5 dB in excess of technical regulations
on vibration;
b) A fine of between VND 5,000,000 and 30,000,000
for act of causing vibration of between 5 dB and less than 10dB in excess of
technical regulations on vibration;
c) A fine of between VND 30,000,000 and 50,000,000
for act of causing vibration of between 10 dB and less than 15 dB in excess of
technical regulations on vibration;
d) A fine of between VND 50,000,000 and 70,000,000 for
act of causing vibration of between 15 dB and less than 20 dB in excess of
technical regulations on vibration;
e) A fine of between VND 70,000,000 and 90,000,000
for act of causing vibration of between 20 dB and less than 25 dB in excess of
technical regulations on vibration;
f) A fine of between VND 90,000,000 and 110,000,000
for act of causing vibration of between 25 dB and less than 30 dB in excess of
technical regulations on vibration;
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h) A fine of between VND 130,000,000 and
150,000,000 for act of causing vibration of between 35 dB and less than 40 dB
in excess of technical regulations on vibration;
i) A fine of between VND 150,000,000 and
170,000,000 for act of causing vibration of 40 dB or more in excess of
technical regulations on vibration.
3. Form of additional sanction:
a) Suspension of establishment’s activities causing
vibration, from 03 months to 06 months, for violations specified at points c,
d, e and f Clause 1, and points c, d, e and f Clause 2 of this Article;
b) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at points g, h and i Clause 1,
and points g, h and i Clause 2 of this Article.
4. Remedial measures:
a) Forcible application of measures to minimize
vibration to satisfy technical regulations within a time limit set by person
competent to sanction in decision on sanction of administrative violation, for
violations causing vibration specified in this Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on vibration in excess of environment technical regulations according to the
current norm and unit price for violations specified in this Article.
Article 19. Acts of causing
land, water, air pollution; causing serious environment pollution under
decision of competent state agencies
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2. A fine of between VND 5,000,000 and 10,000,000
for act of discharging oils, greases, hazardous chemicals, wastes, pathogenic
sources, or other hazardous elements into the water environment in
contravention of the environmental protection law.
3. An increase of between 20% and 30% of the
corresponding fine shall be imposed for violations specified in Articles 13,
14, 15 and 16: Clauses 3 and 4, 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 3 and 4, Article 24; Clauses 3, 4, 5 and 6, Article 29;
Clause 5 and Clause 6, Article 34 or violations in sub-zones for ecological
restoration, zone protected strictly of preservation zone, which make the
content of pollutants in soil, water or air to exceed less than 3 times, for hazardous
parameters, or less than 5 times, for non-hazardous parameters, technical
regulations on the surrounding land, water and air environment. Total fine
level for each violation shall not exceed VND 1,000,000,000.
4. An increase of between 30%
and 40% of the corresponding fine shall be imposed for violations specified in
Articles 13, 14, 15 and 16: Clauses 3 and 4, 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 3 and 4, Article 24; Clauses 3, 4, 5 and 6,
Article 29; Clause 5 and Clause 6, Article 34 or violations in sub-zones for
ecological restoration, zone protected strictly of preservation zone, which
make the content of pollutants in soil, water or air to exceed between 3 times
and less than 05 times, for hazardous parameters, or between 5 times and less
than 10 times, for non-hazardous parameters, technical regulations on the
surrounding land, water and air environment. Total fine level for each violation
shall not exceed VND 1,000,000,000.
5. An increase of between 40% and 50% of the
corresponding fine shall be imposed for violations specified in Articles 13,
14, 15 and 16: Clauses 3 and 4, 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 3 and 4, Article 24; Clauses 3, 4, 5 and 6, Article 29;
Clause 5 and Clause 6, Article 34 or violations in sub-zones for ecological
restoration, zone protected strictly of preservation zone, which make the
content of pollutants in soil, water or air to exceed 05 times or more, for
hazardous parameters, or 10 times or more, for non-hazardous parameters,
technical regulations on the surrounding land, water and air environment. Total
fine level for each violation shall not exceed VND 1,000,000,000.
6. Violations of regulations on environmental
protection in list of establishments causing serious environment pollution
shall be sanctioned as follows:
a) A fine of between VND 100,000,000 and
130,000,000 for act of improperly or inadequately realizing the contents of
requirements, process on handling environment pollution;
b) A fine of between VND 130,000,000 and
150,000,000 for act of failing to apply measures to minimize pollution during
handling pollution thoroughly; failing to realizing measures to prevent, limit
sources causing environment pollution, restrict the spread of these sources,
affecting the surrounding environment.
7. Form of additional sanction:
a) Suspension of establishments’ operation, from 03
months to 06 months, for violations specified at Clause 3 this Article;
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c) Suspension of establishment’s activities, from
09 months to 12 months, for violations specified at Clauses 5 and 6 of this
Article;
d) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clause 1 and Clause 2 this Article.
8. Remedial measures:
a) Forcible restoration of the original state
already altered, implementation of measures remedying environment pollution
within the time limit set in decision on sanction of administrative violations
by persons competent to sanction for violations causing changes, environment
pollution specified in this Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article.
Article 20. Violations of
regulations on hygiene at public places; collection, transport, burying,
discharge of daily-life waste and normal solid waste; transport of raw
materials, materials, goods causing environment pollution
1. Acts of collecting, discharging daily-life waste
not at prescribed places or in contravention of environmental protection
regulations shall be sanctioned as follows:
a) A caution or fine of between VND 50,000,000 and
100,000,000 for acts of throwing, discharging cigarette head, piece or ashes in
contravention of regulation at apartment buildings, commercial and service
zones or public places;
b) A fine of between VND 100,000 and 200,000 for
acts of throwing, discharging daily-life waste not at prescribed places at
apartment buildings, commercial and service zones or public places, except for
violations specified at point d this Clause;
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d) A fine of between VND 300,000 and 400,000 for
acts of throwing, discharging daily-life waste on pavements, roads or in urban
sewage drainage system or surface water drainage system in urban areas;
e) A fine of between VND 400,000 and 500,000 for
act of collecting daily-life waste in contravention of the environmental
protection law.
2. A fine of between VND
1,000,000 and 2,000,000 for drivers of vehicles transporting raw materials,
materials, goods or wastes for failing to cover them or letting them drop on
the roads during joining in traffic.
3. A fine of between VND 5,000,000 and 8,000,000
for acts of failing to use special-use equipment or vehicles to ensure that raw
materials, materials, goods or wastes do not leak or emit into the environment
during transportation.
4. Act of transferring,
donating, selling normal solid waste to units which have no function,
capability of normal solid waste treatment under regulations; burying,
discharging normal solid waste not at prescribed places or in contravention
with environmental protection regulations; receiving normal solid waste but
failing to have measures to handle or failing to transfer normal solid waste to
the functional unit for handling under regulations shall be sanctioned as
follows:
a) A fine of between VND 200,000 and 500,000 in
case of transferring, donating, selling, receiving, burying, discharging normal
solid waste of less than 1 m3 (or ton);
b) A fine of between VND 500,000 and 1,000,000 in
case of transferring, donating, selling, receiving, burying, discharging normal
solid waste of between 1 m3 (or ton) and less than 2 m3
(or ton);
c) A fine of between VND 1,000,000 and 2,000,000 in
case of transferring, donating, selling, receiving, burying, discharging normal
solid waste of between 2 m3 (or ton) and less than 3 m3
(or ton);
d) A fine of between VND 2,000,000 and 3,000,000 in
case of transferring, donating, selling, receiving, burying, discharging normal
solid waste of between 3 m3 (or ton) and less than 4 m3
(or ton);
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f) A fine of between VND 4,000,000 and 5,000,000 in
case of transferring, donating, selling, receiving, burying, discharging normal
solid waste of between 5 m3 (or ton) and less than 10 m3
(or ton);
g) A fine of between VND 5,000,000 and 10,000,000
in case of transferring, donating, selling, receiving, burying, discharging
normal solid waste of between 10 m3 (or ton) and less than 20 m3
(or ton);
h) A fine of between VND 10,000,000 and 20,000,000
in case of transferring, donating, selling, receiving, burying, discharging
normal solid waste of between 20 m3 (or ton) and less than 30 m3
(or ton);
i) A fine of between VND 20,000,000 and 50,000,000
in case of transferring, donating, selling, receiving, burying, discharging
normal solid waste of between 30 m3 (or ton) and less than 40 m3
(or ton);
k) A fine of between VND 50,000,000 and 100,000,000
in case of transferring, donating, selling, receiving, burying, discharging
normal solid waste of between 40 m3 (or ton) and less than 60 m3
(or ton);
l) A fine of between VND 100,000,000 and
150,000,000 in case of transferring, donating, selling, receiving, burying,
discharging normal solid waste of between 60 m3 (or ton) and less
than 80 m3 (or ton);
m) A fine of between VND 150,000,000 and
200,000,000 in case of transferring, donating, selling, receiving, burying,
discharging normal solid waste of between 80 m3 (or ton) and less
than 100 m3 (or ton);
n) A fine of between VND 200,000,000 and
250,000,000 in case of transferring, donating, selling, receiving, burying,
discharging normal solid waste of 100 m3 (or ton) or more.
5. An increase of between 40% and 50% of the
corresponding fine, for violations specified at Clause 4 of this Article, in
case of causing environment pollution or if waste contains hazardous
environment parameters in excess of the surrounding environment technical regulation.
Total fine level for each violation shall not exceed VND 1,000,000,000.
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7. Form of additional sanction:
a) Depriving the right to use environmental permit,
from 03 months to 06 months, for violations specified at Clauses 4, 5 and 6 of
this Article;
b) Confiscation of material evidences and means used
for committing administrative violations for violations specified at Clauses 4,
5 and 6 of this Article.
8. Remedial measures:
a) Forcible restoration of the original environment
state already altered by violations specified at Clauses 4, 5 and 6 of this
Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 21. Violations of
regulations on environmental protection committed by hazardous
waste-discharging source owners
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
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b) Failing to report adequately information of
hazardous waste which arises irregularly (not regular every year) under
regulations;
c) Failing to copy and send registration book of
hazardous waste-discharging source owners to the district-level and
communal-level People’s Committees where establishments discharging hazardous
waste are located;
d) Declaring improperly, inadequately hazardous
waste in papers of hazardous waste under regulations.
2. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to send papers of hazardous waste to
competent agencies under regulations;
b) Failing to store papers of the used hazardous
waste; failing to store report on hazardous waste management and other
dossiers, documents which are required to be stored, involving activities of
hazardous waste management under regulations.
3. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Failing to declare and use papers of hazardous
waste under regulations;
b) Failing to notify in writing and submit
registration book of hazardous waste-discharging source owners to agencies
managing the waste-discharging source owners upon termination of operation.
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a) Failing to register for being hazardous
waste-discharging source owners or failing to register for re-grant of
hazardous waste-discharging source owner under regulations;
b) Failing to declare, declaring improperly,
inadequately normal solid waste when registering for hazardous
waste-discharging source owner under regulations.
c) Failing to register and report under regulations
with competent state agencies about temporary storage of hazardous waste exceeding
06 months after arising hazardous waste in case where adequate subjects of
hazardous waste transport, handling and destruction have not yet been found.
5. A fine of between VND 40,000,000 and 50,000,000
for any of the following acts:
a) Failing to transfer hazardous waste to units
licensed for hazardous waste management exceeding 12 months after arising
hazardous waste for transport, handling and destruction under regulations,
unless there is no function unit in Vietnam to handle such hazardous waste, and
the provincial Services of Natural Resources and Environment has permitted
further storage;
b) Failing to divide, classify, define properly
quantity, volume of hazardous waste which must be registered and managed under
regulations;
c) Failing to pack and preserve hazardous wastes in
packings suitable to their types or equipment to contain temporarily hazardous
waste which meets the prescribed technical regulation;
d) Failing to allocate or allocating areas for
temporary storage of hazardous waste which fail to meet the prescribed
technical regulation;
e) Failing to collect thoroughly hazardous waste in
areas for temporary storage under regulations; letting hazardous waste outdoor
while such hazardous waste may be spilled, discharged in environment.
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a) A fine of between VND 5,000,000 and 10,000,000
in case of mixing hazardous waste in solitary form of discarded products within
daily-life waste or normal industrial waste;
b) A fine of between VND 10,000,000 and 40,000,000
in case of mixing from 02 to less than 05 hazardous waste types in solitary
form of discarded products or less than 10% of volume of other hazardous waste
within equipment of containing, packaging containing other hazardous waste or
in daily-life waste or normal industrial waste;
c) A fine of between VND 40,000,000 and 70,000,000
in case of mixing from 05 to less than 10 hazardous waste types in solitary
form of discarded products or from 10% to less than 50% of volume of other
hazardous waste in equipment of containing, packaging containing other
hazardous waste or in daily-life waste or normal industrial waste;
d) A fine of between VND 70,000,000 and 100,000,000
in case of mixing 10 or more hazardous waste types in solitary form of
discarded products or 50% or more of volume of other hazardous waste in
equipment of containing, packaging containing other hazardous waste or in
daily-life waste or normal industrial waste.
7. Act of transferring, donating, selling hazardous
waste to organizations or individuals not possessing license for hazardous
waste management shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 40,000,000
in case of transferring, donating, selling less than 120 kg hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or less than 600 kg for hazardous waste containing other hazardous elements;
b) A fine of between VND 40,000,000 and 70,000,000
in case of transferring, donating, selling from 120 kg to less than 500 kg
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or from 600 kg to less than 2,000 kg for hazardous waste
containing other hazardous elements;
c) A fine of between VND 70,000,000 and 100,000,000
in case of transferring, donating, selling from 500 kg to less than 1,000 kg
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or from 2,000 kg to less than 4,000 kg for hazardous waste
containing other hazardous elements;
d) A fine of between VND 100,000,000 and
130,000,000 in case of transferring, donating, selling from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f) A fine of between VND 160,000,000 and
190,000,000 in case of transferring, donating, selling from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
g) A fine of between VND 190,000,000 and
220,000,000 in case of transferring, donating, selling from 4,000 kg to less
than 5,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 16,000 kg to less than 20,000 kg for
hazardous waste containing other hazardous elements;
h) A fine of between VND 220,000,000 and
250,000,000 in case of transferring, donating, selling 5,000 kg or more
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or 20,000 kg or more for hazardous waste containing other
hazardous elements.
8. A fine of between VND 200,000,000 and
250,000,000 for any of the following acts:
a) Letting hazardous waste leaked, spilled,
discharged or letting incidents of spilling hazardous waste in land,
underground water, surface water environment happen;
b) Self processing hazardous waste while having no
appropriate treatment works and without permission of competent agencies;
c) Exporting hazardous waste without written
consent or in contravention with content of written consent made by competent
state agencies.
9. Acts of burying, throwing, discharging hazardous
waste in contravention with environmental protection regulation shall be
sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case of burying, throwing, discharging less than 120 kg hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or less than 600 kg for hazardous waste containing other hazardous elements;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 200,000,000 and
300,000,000 in case of burying, throwing, discharging from 500 kg to less than
1,000 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 2,000 kg to less than 4,000 kg for
hazardous waste containing other hazardous elements;
d) A fine of between VND 300,000,000 and
400,000,000 in case of burying, throwing, discharging from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
e) A fine of between VND 400,000,000 and
500,000,000 in case of burying, throwing, discharging from 2,000 kg to less
than 3,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 8,000 kg to less than 12,000 kg for
hazardous waste containing other hazardous elements;
f) A fine of between VND 500,000,000 and
600,000,000 in case of burying, throwing, discharging from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
g) A fine of between VND 600,000,000 and
700,000,000 in case of burying, throwing, discharging from 4,000 kg to less
than 5,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 16,000 kg to less than 20,000 kg for
hazardous waste containing other hazardous elements;
h) A fine of between VND 700,000,000 and
800,000,000 in case of transferring, donating, selling 5,000 kg or more
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or 20,000 kg or more for hazardous waste containing other
hazardous elements.
10. A fine of between VND 900,000,000 and
1,000,000,000 for acts of transferring, donating, selling in contravention with
regulation, burying, throwing, discharging hazardous waste in list of
persistent organic pollutants (POPs) according to provisions in Stockholm
Convention on persistent organic pollutants causing environment pollution or
burying, throwing, discharging radioactive substances causing environmental
radioactive contamination.
11. Form of additional sanction:
a) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at Clauses 9 and 10 of this
Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
12. Remedial measures:
a) Forcible dismantlement of illegal works for self
processing hazardous waste, for violations specified at point b Clause 8 of
this Article;
b) Forcible restoration of the original environment
state already altered by violations specified at point a Clause 8, Clause 9 and
Clause 10 of this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
d) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 22. Violations of
regulations on environmental protection involving transport of hazardous waste
1. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to comply with the safe operation
process of equipment, special-use devices in the set of registration dossier
enclosed with license for hazardous waste management;
b) Failing to implement properly with plan on
pollution control and environmental protection in the set of registration
dossier enclosed with license for hazardous waste management;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to implement properly with plan on
prevention and response to incidents in the set of registration dossier
enclosed with license for hazardous waste management;
e) Failing to implement properly with plan on
annual training and improvement courses in the set of registration dossier
enclosed with license for hazardous waste management;
f) Failing to report with competent agencies for inspection
and handling in cases of detecting owners of hazardous waste reuse them but
fail to properly implement duties under regulations;
g) Failing to report with the licensing agencies
about changes regarding material, technical facilities, key personnel or
programs and plans in the set of registration dossier enclosed with license for
hazardous waste management in comparison with contents when they are licensed;
h) Failing to declare and use papers of hazardous
waste under regulations;
i) Failing to send papers of hazardous waste to
competent agencies under regulations;
k) Failing to copy and send license for hazardous
waste management (granted for first time, granted for extension, granted for
adjustment) to the district-level and communal-level People's Committees where
transport establishments/agents are located under regulations.
2. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Failing to notify in writing for the licensing
agencies to withdraw licenses for hazardous waste management upon termination
of operation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to store papers of the used hazardous
waste; reports on hazardous waste management and other dossiers, documents
which are required to be stored, involving activities of hazardous waste
management under regulations;
d) Failing to make periodical reports on hazardous
waste management under regulations or failing to make other ad-hoc reports at
the request of competent state agencies; reporting improperly with the
actuality to competent state agencies about activities of hazardous waste
management;
e) Failing to make and send dossier of
through-border transport to hazardous waste-discharging source owners,
competent state agencies under regulations;
e) Failing to make book, diary book to monitor
hazardous waste under regulations; failing to make dossier to monitor movement
of means of transport by GPS under regulations;
g) Failing to notify in writing to hazardous
waste-discharging source owners in case of having reason for temporary storage
of hazardous waste and not transporting for handling passing 03 months but not
exceeding 06 months as from the date of transfer stated on papers of hazardous
waste;
h) Failing to implement properly with plan on
processing pollution and environmental protection upon termination of
operation.
3. A fine of between VND 30,000,000 and 50,000,000
for any of the following acts:
a) Failing to equip global positioning system (GPS)
for means of transporting hazardous waste under regulations;
b) Transporting hazardous waste not according to
routes, road sections or time prescribed by competent agencies;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Mixing with other hazardous waste which is able
to generate reaction, interact with each other during transport or temporary
storage of hazardous waste;
e) Failing to enter into contracts with hazardous waste-discharging
source owners before collecting, transporting hazardous waste under
regulations;
f) Failing to enter into three-party contracts with
hazardous waste-discharging source owners, persons practicing hazardous waste
management or providers of hazardous waste treatment who have been licenses
about transfer of hazardous waste or entering into contract with
waste-discharging source owners without the witness, confirmation of persons
practicing hazardous waste management or providers of hazardous waste treatment
on contract under regulations;
g) Failing to make a written request enclosed with
contract to the licensing agencies for consideration and approval in writing
before transferring hazardous waste to other unit of hazardous waste treatment;
h) Failing to have sufficient quantity of means of
transporting hazardous waste which are registered under their name under
regulations;
4. A fine of between VND 50,000,000 and 100,000,000
for any of the following acts:
a) Collecting, transporting hazardous waste outside
locations stated in license for hazardous waste management;
b) Failing to comply with one of contents stated in
license for hazardous waste management except for violations specified at point
a clause 4, clause 5 and clause 6 of this Article.
5. A fine of between VND 100,000,000 and
150,000,000 for any of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Collecting, transporting hazardous waste in
excess of volume stated in license for hazardous waste management;
c) Using means of transporting hazardous waste
which have not yet been registered for circulation, not stated in license for
hazardous waste management.
6. Act of transferring, donating, selling hazardous
waste to organizations or individuals ineligible for management, processing,
destruction of hazardous waste or not possessing license for hazardous waste
management shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 40,000,000
in case of transferring, donating, selling less than 120 kg hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or less than 600 kg for hazardous waste containing other hazardous elements;
b) A fine of between VND 40,000,000 and 70,000,000
in case of transferring, donating, selling from 120 kg to less than 500 kg
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or from 600 kg to less than 2,000 kg for hazardous waste
containing other hazardous elements;
c) A fine of between VND 70,000,000 and 100,000,000
in case of transferring, donating, selling from 500 kg to less than 1,000 kg
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or from 2,000 kg to less than 4,000 kg for hazardous waste
containing other hazardous elements;
d) A fine of between VND 100,000,000 and
130,000,000 in case of transferring, donating, selling from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
e) A fine of between VND 130,000,000 and
160,000,000 in case of transferring, donating, selling from 2,000 kg to less
than 3,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 8,000 kg to less than 12,000 kg for
hazardous waste containing other hazardous elements;
f) A fine of between VND 160,000,000 and
190,000,000 in case of transferring, donating, selling from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of between VND 220,000,000 and
250,000,000 in case of transferring, donating, selling 5,000 kg or more
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or 20,000 kg or more for hazardous waste containing other
hazardous elements.
7. A fine of between VND 200,000,000 and
250,000,000 for acts of transporting hazardous waste without license for
hazardous waste management, except for hazardous waste arising from daily-life
activities or establishments of business and service (excluding production) at
scale of households or individuals which are managed and handled under regulations
on recall, handling of expired or eliminated products.
8. Acts of burying, throwing, discharging hazardous
waste in contravention with environmental protection regulation shall be
sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case of burying, throwing, discharging less than 120 kg hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or less than 600 kg for hazardous waste containing other hazardous elements;
b) A fine of between VND 100,000,000 and
200,000,000 in case of burying, throwing, discharging from 120 kg to less than
500 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 600 kg to less than 2,000 kg for hazardous
waste containing other hazardous elements;
c) A fine of between VND 200,000,000 and
300,000,000 in case of burying, throwing, discharging from 500 kg to less than
1,000 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 2,000 kg to less than 4,000 kg for
hazardous waste containing other hazardous elements;
d) A fine of between VND 300,000,000 and
400,000,000 in case of burying, throwing, discharging from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
e) A fine of between VND 400,000,000 and
500,000,000 in case of burying, throwing, discharging from 2,000 kg to less
than 3,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 8,000 kg to less than 12,000 kg for
hazardous waste containing other hazardous elements;
f) A fine of between VND 500,000,000 and
600,000,000 in case of burying, throwing, discharging from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) A fine of between VND 700,000,000 and
800,000,000 in case of transferring, donating, selling 5,000 kg or more hazardous
waste containing special hazardous elements in excess of threshold of hazardous
waste or 20,000 kg or more for hazardous waste containing other hazardous
elements.
9. A fine of between VND 900,000,000 and
1,000,000,000 for acts of transferring, donating, selling in contravention with
regulation, burying, throwing, discharging hazardous waste in list of
persistent organic pollutants (POPs) according to provisions in Stockholm
Convention on persistent organic pollutants causing environment pollution or
burying, throwing, discharging radioactive substances causing environmental
radioactive contamination.
10. Form of additional sanction:
a) Depriving the right to use practice license of
hazardous waste transport, from 06 months to 12 months, for violations
specified at Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b) Suspension of hazardous waste collection and/or
transport by agents of hazardous waste transport, from 06 months to 12 months,
for violations specified at Clauses 1, 2, 3, 4, 5 and 6 of this Article;
c) Suspension of establishment’s activities, from
06 months to 12 months, for violations specified at Clauses 7, 8 and 9 of this
Article;
d) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clause 8 and Clause 9 this Article.
11. Remedial measures:
a) Forcible restoration of the original environment
state already altered by violations specified at Clause 8 and Clause 9 of this
Article;
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c) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 23. Violations of
regulations on environmental protection involving hazardous waste treatment
1. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to comply with the safe operation
process of equipment, special-use devices in the set of registration dossier
enclosed with license for hazardous waste management;
b) Failing to implement properly with plan on
pollution control and environmental protection in the set of registration
dossier enclosed with license for hazardous waste management;
c) Failing to implement properly with plan on labor
safety and health protection in the set of registration dossier enclosed with
license for hazardous waste management;
d) Failing to implement properly with plan on
prevention and response to incidents in the set of registration dossier
enclosed with license for hazardous waste management;
e) Failing to implement properly with plan on
annual training and improvement courses in the set of registration dossier enclosed
with license for hazardous waste management;
e) Failing to realize program on treatment
operation supervision and assessment over efficiency of hazardous waste
treatment in the set of registration dossier enclosed with license for
hazardous waste management;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Failing to declare and use papers of hazardous
waste under regulations;
i) Failing to send papers of hazardous waste to
competent agencies under regulations;
k) Failing to store papers of the used hazardous
waste; reports on hazardous waste management and other dossiers, documents
which are required to be stored, involving activities of hazardous waste
management under regulations;
l) Failing to report with the licensing agencies
about changes regarding material, technical facilities, key personnel or
programs and plans in the set of registration dossier enclosed with license for
hazardous waste management in comparison with contents when they are licensed;
2. A fine of between VND 20,000,000 and 50,000,000
for any of the following acts:
a) Failing to notify in writing for the licensing
agencies to withdraw licenses for hazardous waste management upon termination
of operation;
b) Failing to notify the licensing agencies for
withdrawal of old licenses for hazardous waste management in case of changing
license in which there is change of the licensing agencies related to change of
operation location under regulations;
c) Failing to make periodical reports on hazardous
waste management under regulations or failing to make other ad-hoc reports at
the request of competent state agencies; reporting improperly with the
actuality to competent state agencies about activities of hazardous waste
management;
d) Failing to make record, diary book to monitor
hazardous waste, products which are re-produced or recalled from hazardous
waste under regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f) Failing to notify in writing to hazardous
waste-discharging source owners in case of having reason for temporary storage
of hazardous waste and not putting into process passing 03 months but not
exceeding 06 months as from the date of transfer stated on papers of hazardous
waste;
g) Failing to implement properly with plan on
processing pollution and environmental protection upon termination of
operation.
3. A fine of between VND 50,000,000 and 100,000,000
for any of the following acts:
a) Failing to comply with provisions under content
of contract of hazardous waste treatment;
b) Failing to store hazardous waste before and
after treatment in special-use equipment suitable with type and form of
hazardous waste;
c) Special-use equipment in serve of storing
hazardous waste, areas for temporary storage of hazardous waste or equipment
for hazardous waste treatment do not satisfy the prescribed technical
regulation.
4. A fine of between VND 100,000,000 and
150,000,000 for any of the following acts:
a) Receiving and processing hazardous waste which
is transported and handed by individuals or organizations not possessing
license for hazardous waste management without report to competent management
agencies; except for hazardous waste arising from daily-life activities or
establishments of business and service (excluding production) at scale of
households or individuals which are managed and handled under regulations on
recall, handling of expired or eliminated products;
b) Violations on entering into contract, receipt of
hazardous waste in case where quantity of units transporting hazardous waste in
excess of the prescribed limitation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to comply with provisions stated in
license for hazardous waste management except for cases specified at points b,
c d and e clause 5 of this Article.
5. A fine of between VND 150,000,000 and
200,000,000 for any of the following violations:
a) Using special-use means and devices to process
hazardous waste which are not stated in license for hazardous waste management;
b) Processing hazardous waste not in list of
hazardous waste stated in license for hazardous waste management;
c) Processing hazardous waste which is collected
outside locations stated in license for hazardous waste management;
d) Processing hazardous waste in excess of volume
stated in license for hazardous waste management;
e) Transferring, donating, selling hazardous waste
from transport units to other organizations or individuals for treatment
without consent of the licensing agencies.
6. A fine of between VND 200,000,000 and
250,000,000 for act of processing hazardous waste without license for hazardous
waste management.
7. Acts of burying, throwing, discharging hazardous
waste in contravention with environmental protection regulation shall be
sanctioned as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 100,000,000 and
200,000,000 in case of burying, throwing, discharging from 120 kg to less than
500 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 600 kg to less than 2,000 kg for hazardous
waste containing other hazardous elements;
c) A fine of between VND 200,000,000 and
300,000,000 in case of burying, throwing, discharging from 500 kg to less than
1,000 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 2,000 kg to less than 4,000 kg for
hazardous waste containing other hazardous elements;
d) A fine of between VND 300,000,000 and
400,000,000 in case of burying, throwing, discharging from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
e) A fine of between VND 400,000,000 and
500,000,000 in case of burying, throwing, discharging from 2,000 kg to less
than 3,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 8,000 kg to less than 12,000 kg for
hazardous waste containing other hazardous elements;
f) A fine of between VND 500,000,000 and
600,000,000 in case of burying, throwing, discharging from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
g) A fine of between VND 600,000,000 and
700,000,000 in case of burying, throwing, discharging from 4,000 kg to less
than 5,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 16,000 kg to less than 20,000 kg for
hazardous waste containing other hazardous elements;
h) A fine of between VND 700,000,000 and
800,000,000 in case of transferring, donating, selling 5,000 kg or more
hazardous waste containing special hazardous elements in excess of threshold of
hazardous waste or 20,000 kg or more for hazardous waste containing other
hazardous elements.
8. A fine of between VND 900,000,000 and
1,000,000,000 for acts of burying, throwing, discharging hazardous waste in
list of persistent organic pollutants (POPs) according to provisions in
Stockholm Convention on persistent organic pollutants into environment in
contravention with regulation or burying, throwing, discharging radioactive
substances causing environmental radioactive contamination.
9. Form of additional sanction:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Depriving the right to use license for hazardous
waste management, from 03 months to 06 months, for violations specified at
Clause 5 of this Article;
c) Suspension of establishments’ operation, from 06
months to 12 months, for violations specified at Clauses 6 and 7 of this
Article;
d) Suspension of establishments’ operation, from 12
months to 24 months, for violations specified at Clause 8 of this Article;
e) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clauses 7 and 8 of this Article.
10. Remedial measures:
a) Forcible restoration of the original environment
state already altered by violations specified at Clause 7 and Clause 8 of this
Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 24. Violations of
regulations on environmental protection committed by hazardous waste-reusing
persons
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to declare and use papers of hazardous
waste under regulations;
b) Failing to coordinate, supply information for
persons practicing hazardous waste management to report on plan, situation of
reusing directly hazardous waste in periodical reports on hazardous waste
management;
c) Failing to report in writing to the local state
management agencies on environmental protection about situation of reusing
directly hazardous waste under regulations;
d) Failing to send written explanation to the
Sub-Departments of environmental protection or the provincial Services of
Natural Resources and Environment in localities where Sub-Departments of
environmental protection have not yet been established in case where total
volume of the reused hazardous waste is more than or equal to 120 kg and
implementing without consent of these agencies in the prescribed duration.
2. A fine of between VND 20,000,000 and 50,000,000
for any of the following violations:
a) Receiving hazardous waste for direct reuse from
entities not being persons practicing hazardous waste management with
appropriate license for hazardous waste management;
b) Directly reusing hazardous waste in
contravention with the initial purpose of means, equipment, products,
materials, chemicals which are sources arising these hazardous waste or using
for other purpose or transferring waste to other organizations or individuals
who are not permitted direct reuse
3. Acts of burying, throwing, discharging hazardous
waste in contravention with environmental protection regulation shall be
sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case of burying, throwing, discharging less than 120 kg hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or less than 600 kg for hazardous waste containing other hazardous elements;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 200,000,000 and
300,000,000 in case of burying, throwing, discharging from 500 kg to less than
1,000 kg hazardous waste containing special hazardous elements in excess of
threshold of hazardous waste or from 2,000 kg to less than 4,000 kg for
hazardous waste containing other hazardous elements;
d) A fine of between VND 300,000,000 and
400,000,000 in case of burying, throwing, discharging from 1,000 kg to less
than 2,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 4,000 kg to less than 8,000 kg for
hazardous waste containing other hazardous elements;
e) A fine of between VND 400,000,000 and
500,000,000 in case of burying, throwing, discharging from 2,000 kg to less
than 3,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 8,000 kg to less than 12,000 kg for
hazardous waste containing other hazardous elements;
f) A fine of between VND 500,000,000 and
600,000,000 in case of burying, throwing, discharging from 3,000 kg to less
than 4,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 12,000 kg to less than 16,000 kg for
hazardous waste containing other hazardous elements;
g) A fine of between VND 600,000,000 and
700,000,000 in case of burying, throwing, discharging from 4,000 kg to less
than 5,000 kg hazardous waste containing special hazardous elements in excess
of threshold of hazardous waste or from 16,000 kg to less than 20,000 kg for
hazardous waste containing other hazardous elements;
h) A fine of between VND 700,000,000 and 800,000,000
in case of transferring, donating, selling 5,000 kg or more hazardous waste
containing special hazardous elements in excess of threshold of hazardous waste
or 20,000 kg or more for hazardous waste containing other hazardous elements.
4. A fine of between VND 900,000,000 and
1,000,000,000 for acts of burying, throwing, discharging hazardous waste in
list of persistent organic pollutants (POPs) according to provisions in
Stockholm Convention on persistent organic pollutants into environment in contravention
with regulation or burying, throwing, discharging radioactive substances
causing environmental radioactive contamination.
5. Form of additional sanction:
a) Suspension of hazardous waste reuse operation, from
03 months to 06 months, for violations specified at Clause 2 of this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clauses 3 and 4 of this Article.
6. Remedial measures:
a) Forcible restoration of the original environment
state already altered by violations specified at Clause 3 and Clause 4 of this
Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 25. Violations of
regulations on environmental protection in importing machinery, equipment,
means of transport, raw materials, fuels, materials in contravention with
environmental protection regulation
1. A fine of between VND 100,000,000 and
150,000,000 for importing machinery, equipment, means of transport, raw
materials, fuels, materials which fail to satisfy environmental technical
regulation.
2. A fine of between VND 150,000,000 and
200,000,000 for acts of transporting, transiting goods, equipment, means which
are able to cause pollution, deterioration, environmental incidents through
territory of the Socialist Republic of Vietnam without permission of state
management agencies on environmental protection.
3. A fine of between VND 200,000,000 and
250,000,000 for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Importing raw materials, fuel, materials,
chemicals, goods in list banned from import of State;
c) Importing the used machinery, equipment, means
of transport for dismantlement in contravention of the environmental protection
law;
d) Importing the ozone layer-depleting compounds
under treaties to which the Socialist Republic of Vietnam is a contracting
party.
4. Form of additional sanction:
Confiscation of material evidences and means used
for committing administrative violations for violations specified in this
Article.
5. Remedial measures:
a) Forcible re-export or destruction of machinery,
equipment, vehicles, raw materials, fuel or materials. Confiscation of valuable
products after destruction and disposal under law;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible application of measures to remedy
environmental pollution or spread of epidemics, within a time limit set by
person competent to sanction in decision on sanction of administrative
violation, for violations specified in this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 20,000,000 and 50,000,000
for any of the following administrative violations:
a) Failing to report about import and use of
imported scraps under regulations;
b) Failing to notify in writing the provincial
Services of Natural Resources and Environment where production establishments
or warehouses, yards containing import scraps are located about catalogues,
quantity, weight, origin of scrap, import border-gate, route, warehouses or
yards where scraps are gathered and places for scraps to be put into for
production before unloading under regulations.
2. A fine of between VND 50,000,000 and 100,000,000
for acts of importing scraps in any of the following cases:
a) Failing to have certificate of eligibility for
scrap import under regulations;
b) Failing to have sufficient conditions of
capability, warehouse, plan on processing imported scraps which satisfy
requirements on environmental protection under regulations;
c) Having no contracts on entrusted import of
scraps under law;
d) Gathering the imported scraps not at the
registered locations of warehouses, yards;
e) Transferring, donating, selling import scraps to
other organizations, individuals in contravention with regulation.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Importing scraps not sorted out or cleansed
under regulations or mixed with pathogenic microbes;
b) Failing to dispose of impurities in imported
scraps up to environmental technical regulations or donating or selling these
impurities.
4. A fine of between VND 200,000,000 and
250,000,000 for act of importing scraps which contain impurities in excess of
the permitted rate under the national environmental technical regulations for
imported scraps
5. A fine of between VND 250,000,000 and
300,000,000 for violations of regulation on temporary import, border-gate
transfer of scraps in the following cases:
a) Removing, opening, using and dispersing scraps
during transport, storage on territory of the Socialist Republic of Vietnam;
b) Causing changes on nature, volume of scraps;
c) Failing to re-export, transfer border-gate all
scraps brought in territory of the Socialist Republic of Vietnam.
6. A fine of between VND 300,000,000 and
350,000,000 for act of importing scraps which contain impurities being
hazardous waste.
7. A fine of between VND 350,000,000 and 400,000,000
for act of importing, transiting scraps which contain radioactive substances;
importing scraps not in list of scraps permitted import.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Depriving the right to use certificate of
eligibility for scrap import, from 06 months to 12 months, for violations
specified at points b, c, d and e Clause 2, Clauses 4, 5, 6 and 7 of this
Article.
9. Remedial measures:
a) Forcible re-export or destruction for violations
specified at point a Clause 3, Clauses 4, 5, 6 and 7 of this Article.
Confiscation of valuable products after destruction and disposal under law;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on importing scraps which violate environment technical regulations or cause
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible application of measures to remedy
environmental pollution or spread of epidemics, within a time limit set by
person competent to sanction in decision on sanction of administrative
violation, for violations specified at Clauses 3, 4, 5, 6 and 7 of this
Article.
Article 27. Violations of
regulations on environmental protection involving import, production of
biological preparations in waste treatment
1. For violations of regulation on circulating
biological preparations inconsistently with content of certificate of
circulating biological preparations in processing waste in Vietnam shall be
sanctioned as follows:
a) A fine of between VND 20,000,000 and 40,000,000
for violations of the registered forms and content of packaging, labels of
preparations;
b) A fine of between VND 40,000,000 and 60,000,000
for violations of components of biological preparations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 80,000,000 and 100,000,000
for violations of the registered characteristics and effectiveness of
biological preparations;
e) A fine of between VND 100,000,000 and
120,000,000 for violations of industrial ownership for the registered
biological preparations;
2. A fine of between VND 120,000,000 and
150,000,000 for acts of circulating biological preparations in waste treatment
in Vietnam in case of not being granted certificate of circulating biological
preparations in waste treatment in Vietnam or where the registration
certificate has been expired
3. A fine of between VND 150,000,000 and
200,000,000 for acts of importing biological preparations in waste treatment in
case of not being granted certificate of circulating biological preparations in
waste treatment in Vietnam.
4. A fine of between VND 200,000,000 and
250,000,000 for acts of producing biological preparations in waste treatment
for commercial purpose (except for research, test) before being granted
certificate of circulating biological preparations in waste treatment in
Vietnam by competent agencies.
5. Form of additional sanction:
a) Depriving the right to use certificate of
circulating biological preparations in waste treatment in Vietnam, from 03
months to 06 months, for violations specified at Clause 1 of this Article;
b) Suspension of establishments’ operation, for
violations specified at Clauses 2, 3 and 4 of this Article.
6. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Forcible recall and destruction of biological
preparations which have been produced, circulates or used illegally for
violations specified at Clause 2 and Clause 4 this Article.
Article 28. Violations of
regulations on environmentally-friendly nylon bag
1. A fine of between VND 20,000,000 and 50,000,000
for any of the following violations:
a) Failing to print or printing improperly with
label and code on products under commitment in dossier of registration for
recognition of environmentally friendly nylon bags;
b) Using color ink on 01 product in excess of rate
of the printing area permitted in certificate of environmentally friendly nylon
bag.
2. A fine of between VND 50,000,000 and 100,000,000
for acts of using additives, chemicals to produce products of environmentally
friendly nylon bags in contravention with declaration in the registration
dossier without consent of agencies granting certificate of environmentally
friendly nylon bags.
3. A fine of between VND 100,000,000 and
150,000,000 for any of the following violations:
a) Failing to perform plan on recalling,
reproducing after-use products in accordance with dossier of registration for
grant of certificate of environmentally friendly nylon bags;
b) Failing to perform properly with commitment on
submitting report on result of test on biological decomposition ability of
products which have been granted certificate of environmentally friendly nylon
bags, to competent state agencies under regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND 150,000,000 and
200,000,000 for acts of having no certificate of environmentally friendly nylon
bags or after this certificate has been expired, still producing products of
environmentally friendly nylon bags.
5. Form of additional sanction:
a) Depriving the right to use certificate of
environmentally friendly nylon bags, from 03 months to 06 months, for
violations specified at Clause 2 of this Article;
b) Depriving the right to use certificate of
environmentally friendly nylon bags, from 06 months to 09 months, for
violations specified at Clause 3 of this Article;
c) Suspension of establishments’ operation, from 09
months to 12 months, for violations specified at Clause 4 of this Article.
6. Remedial measures:
a) Forcible removal of violation elements on goods,
packaging of goods, means of business, environmentally friendly products, for
violations specified at Clauses 1, 2 and 3 of this Article;
b) Forcible retrieval and disposal of nylon bag
products which fail to satisfy quality for violations specified at point c
Clauses 3 and 4 of this Article;
c) Forcible return of illegal benefit gaining from
commission of administrative violations for violations specified in this
Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 10,000,000 and 20,000,000
for owners of means of transport, warehouses storing goods at sea which have
risk of causing environmental incidents who fail to notify forces of the
national rescue and salvage, maritime police, other relevant organizations and
individuals under regulations.
2. A fine of between VND 50,000,000 and 80,000,000
for organizations and individuals mining minerals, owners of means of
transporting petrol, oil, chemicals, radioactive substances and other toxic
substances at sea which fail to have plan, human resource, equipment to ensure
for prevention and response to environmental incidents.
3. A fine of between VND 80,000,000 and 150,000,000
for any of the following acts:
a) Activities of exploiting maritime natural
resources and other activities relating to exploitation and use of maritime
natural resource in contravention with the approved planning on using natural
resources;
b) Operating in natural preservation zones,
mangrove forest zones, sea natural heritage in contravention with regulation of
management boards, environmental protection law and other provisions of
relevant law;
c) Failing to treat wastes and other pollutants
from production, business, service, construction, transport or exploitation
activities at sea up to environmental technical regulations;
d) Laying, storing means of transport, warehouses,
and works of petroleum exploitation at sea in excess of duration for handling;
e) Failing to collect, store and handle hazardous
waste under regulations for activities of survey, exploitation of maritime
natural resources, dismantling means of transport at sea.
4. A fine of between VND 150,000,000 and
250,000,000 for acts or pouring the normal waste at sea of means of transport;
drilling rigs operating at sea without treatment under regulations or failing
to treat this waste up to technical regulation on waste; discharging solid
waste from land down sea without written consent of state management agencies
on environmental protection under regulations; discharging waste from dredging
creeks down sea without written consent of state management agencies on
environmental protection under regulations.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of between VND 500,000,000 and
1,000,000,000 for discharging hazardous waste, waste containing radioactive
substances down sea area of the Socialist Republic of Vietnam.
7. Form of additional sanction:
Confiscation of material evidences and means used
for committing administrative violations for violations specified at Clauses 4,
5 and 6 of this Article.
8. Remedial measures:
a) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article.
b) Forcible application of measures to remedy
environment pollution in a time limit fixed in decision on sanction of
administrative violation by person competent to sanction, for violations
causing environment pollution specified in this Article.
Article 30. Violations of
regulations on environmental protection at public places, urban areas,
residential areas and traditional villages
1. A fine of between VND 1,000,000 and 2,000,000
for activities of managing park, entertainment areas, tourism areas, markets,
train stations, bus stations, wharves, ports, ferries, and other public places
with one of the following acts:
a) Failing to list the regulation on keeping
environment hygiene at public place;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to have sufficient force for collecting
waste, cleaning for environment hygiene within their management under
regulations.
2. A fine of between VND 50,000,000 and 100,000,000
for the following activities of production and warehouse which fail to
implement in accordance with provision on safe distance of environmental
protection for residential areas:
a) Having flammable or explosive substances;
b) Having highly radioactive or radiational substances;
c) Having substances hazardous to human health as
well as livestock and poultry;
d) Emitting odors adversely affecting human health.
3. A fine of between VND 200,000,000 and
250,000,000 for investors of urban areas newly build, concentrated residential
areas, apartment buildings who have act of handing works for putting into use
not implementing properly and sufficiently one of following requirements on
environmental protection:
a) Having no infrastructure on environmental
protection in line with urban or concentrated residential area planning already
been approved by competent state agencies;
b) Having no equipment, means for collecting,
gathering daily-life solid waste which are appropriate with volume, type of
waste and able for receiving waste sorted out at source from households in
residential areas;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to have systems of storm water and
sewage drainage which are separate and appropriate with planning on sewage drainage
and environmental protection of residential areas;
e) Having no place for concentrating daily-life
waste which satisfies environmental hygiene;
f) Having no system of sewage treatment which
satisfies environmental technical regulation.
4. Violations of regulations on environmental
protection in production, trading and service in traditional villages shall be
sanctioned as follows:
a) A caution or fine of between VND 50,000 and
200,000 for act of failing to implement regulation on environmental protection
in traditional villages;
b) Individuals and organizations conducting
activities of production, trading and service in traditional villages which
commit administrative violations on environmental protection shall be
sanctioned as individuals and organizations operating outside traditional
villages specified in this Decree.
5. Form of additional sanction:
Suspension of establishments’ operation, from 06
months to 12 months, for violations specified at Clause 2 of this Article.
6. Remedial measures:
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b) Forcible construction and installation of the
environment protection works within a time limit set by person competent to
sanction in decision on sanction of administrative violation, for violations
specified at point b Clause 1 and Clause 3 of this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
d) Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article.
Article 31. Violations of
environmental protection in natural heritage areas
1. A fine of between VND 10,000,000 and 20,000,000
for act of causing adverse effect to environment at natural heritage area.
2. A fine of between VND 20,000,000 and 50,000,000
for act of infringing illegally natural heritage area.
3. A fine of between VND 50,000,000 and 100,000,000
for act of exploiting the natural heritage area in contravention of the
environmental protection law.
4. A fine of between VND 100,000,000 and
200,000,000 for act of exploiting the natural heritage area in contravention of
the environmental protection law causing environment pollution or
deterioration.
5. Form of additional sanction:
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6. Remedial measures:
Forcible application of measures to remedy
environment pollution within a time limit set by person competent to sanction
in decision on sanction of administrative violation, for violations causing
environment pollution specified in this Article.
Article 32. Violations of
regulation on operation or residence in restricted areas identified
by competent state agencies due to special environmental danger on human
health or life
1. A fine of between VND 1,000,000 and 5,000,000
for acts of residing in restricted areas identified by competent state agencies
due to particular environmental danger to human health and life without
permission.
2. A fine of between VND 10,000,000 and 50,000,000
for acts of conducting illegal activities in restricted areas identified by
competent state agencies due to particular environmental danger to human health
and life.
3. Remedial measures:
Forcible movement from the restricted area within a
time limit set by person competent to sanction in decision on sanction of
administrative violations, for violations specified in this Article.
Article 33. Violations of
regulation on recall and disposal of expired or discarded products
1. A caution for one on the following acts:
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b) Failing to notify in writing about relevant
information of recall location and place for disposal of discarded products to
environment state management agencies under regulations.
2. A fine of between VND 3,000,000 and 5,000,000
for any of the following acts:
a) Failing to report or reporting dishonestly about
volume of products which are permitted producing or importing and have been
sold in Vietnamese market under regulations;
b) Failing to report or reporting dishonestly about
result of recall and disposal of discarded products under regulations;
c) Failing to publicize relevant information of
recall location and place for disposal of discarded products on website under
regulations.
3. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to have equipment, technical measures
for pollution control and environmental protection at the collecting locations
under regulations;
b) Failing to have special-use vehicles and
equipment for collection, transportation, packing, preservation and temporary
storage of discarded products under regulations;
c) Failing to have technicians in charge of
collecting and transporting discarded products under regulations;
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5. A fine of between VND 30,000,000 and 50,000,000
for any of the following acts:
a) Failing to set up the recall locations or
failing to have a collection system of discarded products under regulations;
b) Failing to dispose the discarded products under
regulations.
6. A fine of between VND 100.000.000 and
200.000.000, for violations specified at Clauses 3, 4 and 5 of this Article,
causing environment pollution.
7. Remedial measures:
a) Forcible recall and disposal of expired or
discarded products in accordance with regulations, for violations specified at
Clauses 3, 4 and 5 of this Article;
b) Forcible application of measures to remedy
environment pollution causing by violations specified at Clause 6 of this Article.
Article 34. Violations of
regulations on environmental rehabilitation and restoration in natural resource
exploitation
1. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
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b) Failing to report about result of environmental
restoration to competent agencies after ending the natural resource
exploitation under regulations;
c) Failing to have written notice or notifying
improperly with time limit to competent agencies about content of decision on
approving scheme on environmental rehabilitation and restoration or scheme on
additional environmental rehabilitation and restoration under regulations;
d) Failing to have written report, report
improperly or report wrongly with the truth to state agencies which have
approved scheme on environmental rehabilitation and restoration and state
agencies of environmental protection in localities where projects are performed
or establishments are located about plan of construction of items for
environmental rehabilitation and restoration which have been approved by
competent state agencies.
2. A fine of between VND 50,000,000 and 60,000,000
for act of failing to realize or realizing improperly the supervision on
environment during the course of environmental rehabilitation and restoration
under regulations.
3. A fine of between VND 60,000,000 and 80,000,000
for act of realizing improperly one of contents in the approved scheme on
environmental rehabilitation and restoration or the approved scheme on
additional environmental rehabilitation and restoration and other requirements
in decision on approving such scheme.
4. A fine of between VND 80,000,000 and 100,000,000
for act of realizing inadequately one of contents in the approved scheme on
environmental rehabilitation and restoration or the approved scheme on
additional environmental rehabilitation and restoration and other requirements
in decision on approving such scheme.
5. A fine of between VND 100,000,000 and
150,000,000 for act of stopping construction of items for environmental
rehabilitation and restoration in case of happening environment incidents or
environmental pollution.
6. A fine of between VND 150,000,000 and
200,000,000 for act of failing to realize environmental rehabilitation and
restoration after ending each operational stage or ending mineral exploitation
according to the approved scheme on environmental rehabilitation and restoration.
7. A fine of between VND 200,000,000 and
250,000,000 for act of failing to have scheme on environmental rehabilitation
and restoration or scheme on additional environmental rehabilitation and
restoration which has been approved by competent state agencies under
regulations.
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Suspension of mineral exploitation, from 06 months
to 12 months, for violations specified at Clauses 6 and 7 of this Article.
9. Remedial measures:
a) Forcible implementation of scheme on environmental
rehabilitation and restoration for violations specified at Clause 7 of this
Article;
b) Forcible implementation of environmental
rehabilitation and restoration within a time limit set by person competent to
sanction in decision on sanction of administrative violation, for violations
specified at Clause 6 and Clause 7 of this Article;
c) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
d) Forcible application of measures to remedy
environment pollution in a time limit set by person competent to sanction in
decision on sanction of administrative violation, for violations causing
environment pollution specified in Clauses 5, 6 and 7 of this Article.
Article 35. Violations of
regulations on activities of responding oil spill incidents
1. A fine of between VND 5,000,000 and 10,000,000
for act of letting occur of oil spill incident or detecting oil spill incident
but failing to report timely to agencies competent to receipt of information of
oil spill incident under regulations.
2. A fine of between VND 10,000,000 and 30,000,000
for any of the following violations:
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b) Failing to carry out practice and training
involving response to oil spill incidents under regulations.
3. A fine of between VND 30,000,000 and 50,000,000
for act of failing to report in response and remedy of oil spill incidents
under regulations.
4. Violations involving activities of trading in
petrol and oil which has risk of occurring small oil spill incidents on inland
shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and 20,000,000
for acts of failing to invest in or failing to contract of ready response of
oil spill incident with facilities having means and equipment for incident
response or with the regional centers for oil spill incident response at level
corresponding to risk of oil spill in areas under their responsibility with the
aim to mobilize timely means, equipment and supplies for carrying out
activities of response when oil spill incidents happen under regulations;
b) A fine of between VND 20,000,000 and 30,000,000
for acts of failing to be ready in mobilizing means, equipment and supplies to
participate, coordinate in response and remedy of oil spill incident at the
request of competent agencies;
c) A fine of between VND 30,000,000 and 40,000,000
for act of failing to have plan on oil spill incident response already been
approved by the district-level People’s Committees under regulations;
d) A fine of between VND 40,000,000 and 50,000,000
for acts of failing to build emergency plan on oil spill incident response and organize
force to ensure for timely and effective prevention and response of oil spill
incident at level corresponding to risk of oil spill due to their operation
under regulations.
5. Violations involving activities of ports,
establishments, projects which have risk of oil spill incidents shall be
sanctioned as follows:
a) A fine of between VND 20,000,000 and 30,000,000
for acts of failing to invest in or failing to contract of ready response of
oil spill incident with facilities having means and equipment for incident
response or with the regional centers for oil spill incident response at level
corresponding to risk of oil spill in areas under their responsibility with the
aim to mobilize timely means, equipment and supplies for carrying out
activities of response when oil spill incidents happen under regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 40,000,000 and 50,000,000
for act of failing to have plan on oil spill incident response already been
approved by the provincial-level People’s Committees under regulations;
d) A fine of between VND 50,000,000 and 60,000,000
for acts of failing to build emergency plan on oil spill incident response and
organize force to ensure for timely and effective prevention and response of
oil spill incident at level corresponding to risky of oil spill due to their
operation under regulations.
6. Violations involving off-shore petroleum
activities which have risk of oil spill incidents shall be sanctioned as
follows:
a) A fine of between VND 30,000,000 and 40,000,000
for acts of failing to invest in or failing to contract of ready response of
oil spill incident with facilities having means and equipment for incident
response or with the regional centers for oil spill incident response at level
corresponding to risk of oil spill in areas under their responsibility with the
aim to mobilize timely means, equipment and supplies for carrying out
activities of response when oil spill incidents happen under regulations;
b) A fine of between VND 40,000,000 and 50,000,000
for acts of failing to be ready in mobilizing means, equipment and supplies to
participate, coordinate in response and remedy of oil spill incidents at the
request of competent agencies;
c) A fine of between VND 50,000,000 and 60,000,000
for act of failing to have plan on oil spill incident response already been
approved by the National search and rescue Committee under regulations;
d) A fine of between VND 60,000,000 and 70,000,000
for acts of failing to build emergency plan on oil spill incident response and
organize force to ensure for timely and effective prevention and response of
oil spill incident at level corresponding to risky of oil spill due to their
operation under regulations.
7. Violations involving activities of petroleum
ships which have risk of oil spill incidents shall be sanctioned as follows:
a) A fine of between VND 25,000,000 and 35,000,000
for act of failing to have plan on oil pollution, chemical pollution response
from ships already been approved by the competent state agencies under
regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 45,000,000 and 55,000,000 for
act of failing to have plan on response to oil and toxic chemical spill
incidents with the aim to timely direct, support for ships happening oil spill
incidents in response and remedy of consequences from incidents;
d) A fine of between VND 55,000,000 and 65,000,000
for act of failing to purchase insurance or other financial guarantees at the
civil responsibility level prescribed by law to pay compensation for oil
pollution under regulations.
8. Acts causing incidents of oil fire, explosion or
spill shall be sanctioned as follows:
a) A fine of between VND 40,000,000 and 80,000,000
in case where oil volume is less than 2 ton;
b) A fine of between VND 80,000,000 and 150,000,000
in case where oil volume is between 2 ton and less than 10 ton;
c) A fine of between VND 150,000,000 and
250,000,000 in case where oil volume is between 10 ton and less than 20 ton;
d) A fine of between VND 250,000,000 and
350,000,000 in case where oil volume is between 20 ton and less than 50 ton;
e) A fine of between VND 350,000,000 and
450,000,000 in case where oil volume is between 50 ton and less than 100 ton;
f) A fine of between VND 450,000,000 and
550,000,000 in case where oil volume is between 100 ton and less than 200 ton;
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h) A fine of between VND 650,000,000 and
750,000,000 in case where oil volume is between 300 ton and less than 400 ton;
i) A fine of between VND 750,000,000 and
850,000,000 in case where oil volume is between 400 ton and less than 500 ton;
k) A fine of between VND 850,000,000 and
950,000,000 in case where oil volume is 500 ton or more.
9. Acts of failing to remedy consequences from
incidents of oil fire, explosion or spill; failing to pay compensation for
damages due to oil pollution shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
in case where oil volume is less than 2 ton;
b) A fine of between VND 100,000,000 and
200,000,000 in case where oil volume is between 2 ton and less than 10 ton;
c) A fine of between VND 200,000,000 and
300,000,000 in case where oil volume is between 10 ton and less than 20 ton;
d) A fine of between VND 300,000,000 and
400,000,000 in case where oil volume is between 20 ton and less than 50 ton;
e) A fine of between VND 400,000,000 and
500,000,000 in case where oil volume is between 50 ton and less than 100 ton;
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g) A fine of between VND 600,000,000 and
700,000,000 in case where oil volume is between 200 ton and less than 300 ton;
h) A fine of between VND 700,000,000 and
800,000,000 in case where oil volume is between 300 ton and less than 400 ton;
i) A fine of between VND 800,000,000 and
900,000,000 in case where oil volume is between 400 ton and less than 500 ton;
k) A fine of between VND 900,000,000 and
1,000,000,000 in case where oil volume is 500 ton or more.
10. Remedial measures:
a) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
that let oil spill happens or cause environment pollution according to the
current norm and unit price for violations specified in this Article;
b) Forcible application of measures to remedy
environment pollution, forcible compensation from damages due to oil pollution
under regulations, in a time limit set by person competent to sanction in
decision on sanction of administrative violation, for violations causing
pollution, damages specified at Clauses 8 and 9 of this Article.
Article 36. Violations of
regulations in activities of transporting dangerous goods and prevention,
response and remedy of environmental incidents
1. Violations of regulations on transporting
dangerous goods shall be sanctioned as follows:
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b) A fine of between VND 5,000,000 and 10,000,000 for
violations of regulation on conditions in transport of dangerous goods;
c) A fine of between VND 10,000,000 and 20,000,000
for act of transporting dangerous goods without confirmation on eligibility for
transport of dangerous goods under regulations.
2. Violations of regulations on prevention,
response and remedy of environmental incidents in production, business and
service shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
for act of failing to timely report to state management agencies of
environmental protection and competent state agencies at nearest localities
upon detecting environmental incidents;
b) A fine of between VND 10,000,000 and 30,000,000
for act of failing to implement properly with plan on prevention and response
of environmental incidents;
c) A fine of between VND 30,000,000 and 50,000,000
for act of failing to make plan on prevention and response of environmental
incidents under regulations;
d) A fine of between VND 50,000,000 and 100,000,000
for act of failing to comply with or complying in a wrong manner with command
of emergency mobilization for human force, supplies and means in response of
environmental incidents;
e) A fine of between VND 100,000,000 and
150,000,000 for act of failing to apply measures under their responsibilities
to timely remedy environmental incidents;
f) A fine of between VND 150,000,000 and
200,000,000 for act of causing environmental incident;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Form of additional sanction:
a) Depriving the right to use the confirmation on
eligibility for transport of dangerous goods, from 01 month to 03 months, for
violations specified at point b this Clause of this Article;
b) Suspension of activities of transporting
dangerous goods, from 03 months to 06 months, for violations specified at point
c Clause 1, point h of this Article;
c) Suspension of activities causing environmental
pollution, from 03 months to 06 months, for violations specified at point e
Clause 2 of this Article;
d) Suspension of establishments’ operation, from 06
months to 12 months, for violations specified at point g Clause 2 of this
Article.
4. Remedial measures:
Forcible application of measures to remedy
environment pollution, environmental incidents within a time limit set by
person competent to sanction in decision on sanction of administrative
violation, for violations causing pollution, incidents specified at points e
and g Clause 2 of this Article.
Article 37. Violations of
regulations on payment of environmental protection charges, a deposit of
environmental rehabilitation and restoration in mineral exploitation and
environmental compensation liability insurance
1. Violations of paying environmental protection
charges shall be sanctioned as follows:
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b) A fine equal to 10% of the deficient charge
amount, for making untruthful declaration resulting in payment of a charge
amount lower than prescribed;
c) A fine equal to between twice and three times
the charge amount, for act of the charge payment evasion.
2. A daily fine equal to 0.05% of the late-paid
amount of deposit for environmental rehabilitation and restoration, for late
deposit payment;
3. A fine of between VND 200,000,000 and
220,000,000 for act of failing to realize payment of a deposit for
environmental rehabilitation and restoration before beginning activities of
mineral exploitation.
4. A fine of between VND 220,000,000 and
250,000,000 for act of failing to buy liability insurance for environmental
compensation under regulations.
5. Remedial measures:
a) Retrospectively collecting the deficient payment
charges of environmental protection, charges evaded payment as from time of
deficient payment, evasion for payment of environmental protection charge
(calculated under result of analyzing waste sample made by state agencies
competent to examination, inspection and sanction under regulations) for
violations specified at point b and point c Clause 1 of this Article;
b) Forcible payment of funding for verification by
experts, measurement and analysis of environment samples in case of violations
on discharging waste in excess of environment technical regulations or causing
environment pollution according to the current norm and unit price for
violations specified in this Article;
c) Forcible implementation of paying deposit for environmental
rehabilitation and restoration in mineral exploitation; forcible purchase of
environmental compensation liability insurance for violations specified at
Clause 3 and Clause 4 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 1,000,000 and 5,000,000
for act of illegally interfering in the observation, collection, exchange,
exploitation and use of environmental data and information.
2. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Supplying environmental data and information,
and result of environment observation in contravention with the prescribed
function and competence;
b) Failing to publish, supply, and publicize
environmental information and data in production, business and service
activities under regulations.
3. A fine of between VND 10,000,000 and 40,000,000
for act of illegally penetrating into the environmental data and information
storage system.
4. A fine of between VND 40,000,000 and 60,000,000
for any of the following acts:
a) Failing to make statistics of or store data on
environmental impacts, discharging sources, wastes from production, business or
service activities under regulations;
b) Failing to submit sufficient investigation,
survey and observation data and other relevant documents to competent state
agencies under regulations.
5. A fine of between VND 60,000,000 and 80,000,000
for act of erasing environmental data and information, results of environmental
observation.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 39. Violations of
regulations on protection, use of facilities, equipment, means serving
activities of environmental protection
1. A fine of between VND 1,000,000 and 5,000,000
for any of the following acts:
a) Obstructing the exploitation and use of
environmental protection facilities;
b) Planting trees affecting technical safety
corridors of environmental protection facilities.
2. A fine of between VND 5,000,000 and 10,000,000
for act of illegally displacing environmental observation equipment or
machinery.
3. A fine of between VND 10,000,000 and 50,000,000
for act of building works affecting technical safety corridors of environmental
protection facilities.
4. A fine of between VND 50,000,000 and 100,000,000
for act of damaging environmental protection equipment and facilities.
5. Remedial measures:
a) Forcible dismantlement or relocation of
facilities or planted trees within a time limit set by person competent to
sanction in decision on sanction of administrative violation, for violations
specified in Clauses 1 and 3 of this Article;
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Article 40. Violations of
regulations on activities of environmental observation service
1. A fine of between VND 5,000,000 and 10,000,000
for act of changing one of contents resulting that they fail to satisfy
conditions in dossier of requesting for grant of certificate of eligibility for
activities of environmental observation service.
2. A fine of between VND 10,000,000 and 20,000,000
for act of implementing improperly, insufficiently one of contents in
certificate of eligibility for activities of environmental observation service.
3. A fine of between VND 20,000,000 and 40,000,000
for act of failing to implement contents in certificate of eligibility for
activities of environmental observation service.
4. A fine of between VND 40,000,000 and 60,000,000
for act of operating improperly with scope or field stated in certificate of
eligibility for activities of environmental observation service; erasing
certificate.
5. A fine of between VND 60,000,000 and 80,000,000
for act of exchanging or leasing, lending certificate of eligibility for
activities of environmental observation service aiming to implement activities
of environmental observation.
6. A fine of between VND 80,000,000 and 100,000,000
for act of failing to having certificate of eligibility for activities of
environmental observation service under regulations or certificate is expired.
7. Form of additional sanction:
a) Depriving the right to use certificate of eligibility
for environmental observation service, from 03 months to 06 months, for
violations specified at Clauses 2, 3, 4 and 5 of this Article;
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Article 41. Violations of
regulations on preservation and sustainable development of natural ecological
systems
1. Act of building works, houses, tents without
permission of competent state agencies in sub-zones of ecological restoration,
sub-zones of strict protection in preservation zones, shall be sanctioned as
follows:
a) A fine of between VND 500,000 and 1,000,000 for
act of bringing supplies, equipment for construction of works, houses, or tents
into sub-zone of ecological restoration in preservation zones.
b) A fine of between VND 1,000,000 and 3,000,000
for act of bringing supplies, equipment for construction of works, houses, or
tents into sub-zone of strict protection in preservation zones;
c) A fine of between VND 30,000,000 and 50,000,000
for act of building works, houses, tents in sub-zone of ecological restoration
of preservation zones;
d) A fine of between VND 40,000,000 and 80,000,000
for act of building works, houses, or tents in sub-zone of strict protection of
preservation zones.
2. Acts impacting to the natural ecological system
in preservation zones in adverse direction, causing damages to landscape,
natural ecological system (such as digging, leveling, blasting, digging or
embanking to prevent water flow, using fire, toxic preparations) without
permission of competent state agencies shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and 5,000,000
for acts causing damages to less than 200 m2 land, wetland,
and water surface in preservation zone;
b) A fine of between VND 5,000,000 and 20,000,000
for acts causing damages to between 200 m2 and less than 400 m2
land, wetland, water surface in preservation zone;
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d) A fine of between VND 40,000,000 and 80,000,000
for acts causing damages to between 800 m2 and less than 1,200 m2
land, wetland, water surface in preservation zone;
e) A fine of between VND 80,000,000 and 150,000,000
for acts causing damages to between 1,200 m2 and less than 1,500 m2
land, wetland, water surface in preservation zone;
e) A fine of between VND 150,000,000 and
250,000,000 for acts causing damages to between 1,500 m2 and less
than 2,000 m2 land, wetland, water surface in preservation zone;
g) A fine of between VND 250,000,000 and
400,000,000 for acts causing damages to 2,000 m2 or more land,
wetland, water surface in preservation zone.
3. Form of additional sanction:
Confiscation of material evidences and means used
for committing administrative violations for violations specified at Clauses 1
and 2 of this Article.
4. Remedial measures:
a) Forcible restoration of the original environment
state already altered by administrative violations including re-planting, care
and protection of the destroyed areas of conservation zone; restoration of
initial habitat for species, for violations specified in this Article;
b) Forcible dismantlement of works, houses and
tents which are illegally built, for violations specified at Clause 1 of this
Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Act of illegally planting, implanting
artificially wild flora, seedlings, fungi or microorganisms in list of
endangered, precious and rare species prioritized protection shall be
sanctioned as follows:
a) A caution for act of planting, implanting
artificially at household scale;
b) A fine of between VND 10,000,000 and 20,000,000
for act of planting, implanting artificially at industrial scale.
2. Act of illegally exploiting wild flora,
seedlings, fungi or microorganisms in list of endangered, precious and rare
species prioritized protection at zones not in sub-zones of strict protection
in preservation zone; occupying, using, consuming, selling, buying,
transporting illegally wild flora, seedlings, fungi or microorganisms in list
of endangered, precious and rare species prioritized protection; illegally
storing parts of body or products of wild fauna, breeds of livestock in list of
endangered, precious and rare species prioritized protection shall be sanctioned
as follows:
a) A caution for exhibits of violations valued at
less than VND 500,000;
b) A fine of between VND 2,000,000 and 5,000,000
for exhibits of violations valued at between VND 500,000 and less than VND
1,500,000;
c) A fine of between VND 5,000,000 and 15,000,000
for exhibits of violations valued at between VND 1,500,000 and less than VND
5,000,000;
d) A fine of between VND 15,000,000 and 30,000,000
for exhibits of violations valued at between VND 5,000,000 and less than VND
10,000,000;
e) A fine of between VND 30,000,000 and 60,000,000
for exhibits of violations valued at between VND 10,000,000 and less than VND
20,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) A fine of between VND 120,000,000 and
180,000,000 for exhibits of violations being wood with volume of between 0.5 m3
and less than 0.7 m3 or forest products valued at between VND
40,000,000 and less than VND 60,000,000;
h) A fine of between VND 180,000,000 and
240,000,000 for exhibits of violations being wood with volume of between 0.7 m3
and less than 1 m3 or forest products valued at between VND
60,000,000 and less than VND 80,000,000;
i) A fine of between VND 240,000,000 and
300,000,000 for exhibits of violations being wood with volume of between 1 m3
and less than 1.3 m3 or forest products valued at between VND
80,000,000 and less than VND 100,000,000;
k) A fine of between VND 300,000,000 and
350,000,000 for exhibits of violations being wood with volume of between 1.3 m3
and less than 1.5 m3 or forest products valued at between VND
100,000,000 and less than VND 130,000,000;
l) A fine of between VND 350,000,000 and
400,000,000 for exhibits of violations being wood with volume of between 1.5 m3
and less than 1.7 m3 or forest products valued at between VND
130,000,000 and less than VND 150,000,000;
m) A fine of between VND 400,000,000 and 450,000,000
for exhibits of violations being wood with volume of between 1.7 m3
and less than 1.9 m3 or forest products valued at between VND
150,000,000 and less than VND 170,000,000;
n) A fine of between VND 450,000,000 and
500,000,000 for exhibits of violations being wood with volume of 1.9 m3
or more, or forest products valued at VND 170,000,000 or more.
3. An increase of between 40%
and 50% of the fine specified at clause 2 of this article, for act of illegally
exploiting wild flora, seedlings, fungi, microorganisms in list of endangered,
precious and rare species prioritized protection at sub-zones of strict
protection in preservation zones. Total fine level for each violation shall not
exceed VND 500,000,000.
4. Form of additional
sanction:
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Article 43. Violations of
regulations on protecting wild species in sub-zones of strict protection in
preservation zone
1. Act of illegally exploiting wild species not in
list of endangered, precious and rare species prioritized protection in
sub-zones of strict protection in preservation zones shall be sanctioned as
follows:
a) A caution for exhibits of violations valued at
less than VND 500,000;
b) A fine of between VND 1,000,000 and 3,000,000
for exhibits of violations being wood with volume of less than 0.3 m3
or forest products valued at between VND 500,000 and less than 1,500,000;
c) A fine of between VND 3,000,000 and 10,000,000
for exhibits of violations being wood with volume of between 0.3 m3
and less than 0.5 m3 or forest products valued at between VND
1,500,000 and less than VND 5,000,000;
d) A fine of between VND 10,000,000 and 20,000,000
for exhibits of violations being wood with volume of between 0.5 m3
and less than 0.7 m3 or forest products valued at between VND
5,000,000 and less than VND 10,000,000;
e) A fine of between VND 20,000,000 and 40,000,000
for exhibits of violations being wood with volume of between 0.7 m3
and less than 1 m3 or forest products valued at between VND
10,000,000 and less than VND 20,000,000;
f) A fine of between VND 40,000,000 and 80,000,000
for exhibits of violations being wood with volume of between 1 m3
and less than 1.5 m3 or forest products valued at between VND
20,000,000 and less than VND 40,000,000;
g) A fine of between VND 80,000,000 and 120,000,000
for exhibits of violations being wood with volume of between 1.5 m3
and less than 2 m3 or forest products valued at between VND
40,000,000 and less than VND 60,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine of between VND 160,000,000 and
200,000,000 for exhibits of violations being wood with volume of between 5 m3
and less than 10 m3 or forest products valued at between VND
80,000,000 and less than VND 100,000,000;
k) A fine of between VND 200,000,000 and
320,000,000 for exhibits of violations being wood with volume of between 10 m3
and less than 15 m3 or forest products valued at between VND
100,000,000 and less than VND 160,000,000;
l) A fine of between VND 320,000,000 and
400,000,000 for exhibits of violations being wood with volume of between 15 m3
and less than 25 m3 or forest products valued at between VND
160,000,000 and less than VND 200,000,000;
m) A fine of between VND 400,000,000 and
500,000,000 for exhibits of violations being wood with volume of 25 m3
or more, or forest products valued at VND 200,000,000 or more.
2. Form of additional
sanction:
Confiscation of material evidences and means used
for committing administrative violations for violations specified in this
Article.
Article 44. Violations of
regulations on managing biodiversity preservation establishments
1. A caution on act of failing to report on
situation of species in list of endangered, precious and rare species
prioritized protection under regulations.
2. A fine of between VND 500,000 and VND 1,000,000
for act of failing to register, declare origin of species in list of
endangered, precious and rare species prioritized protection.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to maintain one of conditions for grant
of certificate of biodiversity preservation establishment after having been
granted certificate;
b) Failing to abide by regulations promulgated by
competent state agencies about protection, cultivation and care of species in
list of endangered, precious and rare species prioritized protection;
c) Failing to abide by regulations promulgated by
competent state agencies about storage, preservation of genetic source and
genetic specimen.
4. A fine of between VND 5,000,000 and 10,000,000
for any of the following violations:
a) Declaring improperly with the truth about
conditions for grant of certificate;
b) Operating without certificate granted by
competent agencies.
5. Form of additional sanction:
a) Depriving the right to use certificate of
biodiversity preservation establishments, from 03 months to 06 months, for
violations specified at Clause 3 of this Article;
b) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clause 4 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A caution for act of illegally culturing,
storing, transporting, implanting outside the scope of preservation zone for the
potential invasive alien species or potential invasive alien species, provided
that the development and dispersal of these species may be controlled and not
cause any damage.
2. Act of illegally culturing, storing,
transporting, planting, implanting outside the scope of preservation zone for
the potential invasive alien species or potential invasive alien species, shall
be sanctioned as follows:
a) A fine of between VND 20,000,000 and 40,000,000
for act of causing damage valued at less than VND 10,000,000;
b) A fine of between VND 40,000,000 and VND
80,000,000 for act of causing damage valued at between VND 10,000,000 and less
than VND 20,000,000;
c) A fine of between VND 80,000,000 and 160,000,000
for act of causing damage valued at between VND 20,000,000 and less than
40,000,000;
d) A fine of between VND 160,000,000 and
240,000,000 for act of causing damage valued at between VND 40,000,000 and less
than 60,000,000;
e) A fine of between VND 240,000,000 and
320,000,000 for act of causing damage valued at between VND 60,000,000 and less
than VND 80,000,000;
f) A fine of between VND 320,000,000 and
400,000,000 for act of causing damage valued at between VND 80,000,000 and less
than 100,000,000;
g) A fine of between VND 400,000,000 and
480,000,000 for act of causing damage valued at between VND 100,000,000 and
less than VND 120,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) A fine of between VND 560,000,000 and
640,000,000 for act of causing damage valued at between VND 140,000,000 and
less than 160,000,000;
k) A fine of between VND 640,000,000 and
720,000,000 for act of causing damage valued at between VND 160,000,000 and
less than VND 180,000,000;
l) A fine of between VND 720,000,000 and
800,000,000 for act of causing damage valued at between VND 180,000,000 and
less than VND 200,000,000;
m) A fine of between VND 800,000,000 and
880,000,000 for act of causing damage valued at between VND 200,000,000 and less
than VND 220,000,000;
n) A fine of between VND 880,000,000 and
920,000,000 for act of causing damage valued at between VND 220,000,000 and
less than 230,000,000;
o) A fine of between VND 920,000,000 and 1,000,000,000
for acts causing damages valued at VND 230,000,000 or more.
3. Act of illegally culturing, storing,
transporting, planting, implanting in the scope of preservation zone for
invasive alien species, provided that the development and dispersal of these
species may be controlled, shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and 10,000,000
for violations happening outside sub-zone of strict protection;
b) A fine of between VND 10,000,000 and 20,000,000
for violations happening in sub-zone of strict protection.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) An increase of between 20% and 30% of the fine
specified at Clause 2 of this Article for violations preformed outside sub-zone
of strict protection;
b) An increase of between 40% and 50% of the fine
specified at Clause 2 of this Article for violations preformed in sub-zone of
strict protection.
The maximum fine level for each violation stated in
this Clause shall not exceed VND 1,000,000,000.
5. A fine of between VND 10,000,000 and 20,000,000
for act of importing potential invasive alien flora and fauna in excess of
quantity, weight licensed by competent state agencies or making wrong
declaration of licensed name or kind.
6. Act of importing potential invasive alien
microorganisms shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and 100,000,000
for act of importing in excess of quantity, volume permitted by competent state
agencies or making wrong declaration of licensed name or kind;
b) A fine of between VND 150,000,000 and
200,000,000 for act of importing without license granted by competent state
agencies.
7. Act of importing the known invasive alien
microorganisms shall be sanctioned a fine of between VND 150,000,000 and
200,000,000.
8. Act of importing the known invasive alien fauna
or flora, or the potential invasive alien fauna or flora without license
granted by competent state agencies shall be sanctioned as follows:
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b) A fine of between VND 40,000,000 and 80,000,000
for exhibits of violations valued at between VND 10,000,000 and less than VND
20,000,000;
c) A fine of between VND 80,000,000 and 160,000,000
for exhibits of violations valued at between VND 20,000,000 and less than VND
40,000,000;
d) A fine of between VND 160,000,000 and
240,000,000 for exhibits of violations valued at between VND 40,000,000 and
less than VND 60,000,000;
e) A fine of between VND 240,000,000 and
320,000,000 for exhibits of violations valued at between VND 60,000,000 and
less than VND 80,000,000;
e) A fine of between VND 320,000,000 and
400,000,000 for exhibits of violations valued at between VND 80,000,000 and
less than VND 100,000,000;
g) A fine of between VND 400,000,000 and
480,000,000 for exhibits of violations valued at between VND 100,000,000 and
less than VND 120,000,000;
h) A fine of between VND 480,000,000 and
560,000,000 for exhibits of violations valued at between VND 120,000,000 and
less than VND 140,000,000;
i) A fine of between VND 560,000,000 and 640,000,000
for exhibits of violations valued at between VND 140,000,000 and less than VND
160,000,000;
k) A fine of between VND 640,000,000 and
720,000,000 for exhibits of violations valued at between VND 160,000,000 and
less than VND 180,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
m) A fine of between VND 800,000,000 and
880,000,000 for exhibits of violations valued at between VND 200,000,000 and
less than VND 220,000,000;
n) A fine of between VND 830,000,000 and
920,000,000 for exhibits of violations valued at between VND 220,000,000 and
less than VND 230,000,000;
o) A fine of between VND 920,000,000 and
1,000,000,000 for exhibits of violations valued at VND 230,000,000 or more.
9. Form of additional sanction:
Confiscation of material evidences and means used
for committing administrative violations for violations specified in this
Article.
10. Remedial measures:
a) Forcible destruction of all invasive alien
species appearing; forcible restoration of the original state already altered
by violations specified at Clauses 1, 2, 3 and 4 of this Article;
b) Forcible re-export of all goods, invasive alien
species imported illegally out territory of the Socialist Republic of Vietnam
for violations specified at Clauses 5, 6, 7 and 8 of this Article. In case of
failing to re-export, force destruction of all goods, invasive alien species
imported illegally.
Article 46. Violations of
regulations on management, access of genetic source and share benefit from
genetic source
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to notify competent state management
agencies about activities of exchanging, transferring, supplying genetic source
for other organizations and individuals for purpose of research, development
and manufacture of commercial products;
b) Failing to notify the process, result of
research, development and manufacture of commercial products, benefits arising
from the process of development and manufacture of commercial products at the
request.
2. A fine of between VND 5,000,000 and 10,000,000
for any of the following violations:
a) Failing to abide by regulations on contract of
accessing genetic source and sharing benefit;
b) Failing to abide by regulations on control the
investigation, collection of genetic source of organizations and individuals
which are permitted accessing genetic source;
c) Failing to sign contract in writing with
organizations, households, individuals which are assigned management of genetic
sources of accessing genetic source and sharing benefits;
d) Failing to perform procedures for confirmation
of competent agencies about accessing genetic source for contract of accessing
genetic source and sharing benefits;
e) Failing to perform reports as prescribed by law
with competent agencies about result of research, development, manufacture of
commercial products according to the time limit stated in license for accessing
genetic source;
f) Using license for accessing genetic source
improperly with content, purpose.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND 30,000,000 and 50,000,000
for act of accessing genetic source without permission of competent state
agencies.
5. Form of additional sanction:
a) Depriving the right to use permit for accessing
genetic source, from 06 months to 12 months, for violations specified at Clause
2 of this Article;
b) Confiscation of material evidences and means
used for committing administrative violations for violations specified at
Clause 3 and 4 of this Article.
6. Remedial measures:
Forcible recall of results arising from activities
of illegally accessing genetic source within a time limit set by person
competent to sanction in decision on sanction of administrative violation, for
violations specified in this Article.
Article 47. Violations of
regulations on scientific research, technological development on genetically
modified organism, products of genetically modified organism, genetically
modified organism test
1. A fine of between VND 5,000,000 and 10,000,000
for one of acts of researching and creating, analyzing and test, isolation of
genetically modified organism, products of genetically modified organism at
places banned implementation.
2. A fine of between VND 10,000,000 and 20,000,000
for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to comply with content in license for
test, certificate of biological safety confirmation of genetically modified
organism eligible for use to do food, livestock feed.
3. A fine of between VND 20,000,000 and 30,000,000
for any of the following violations involving activities of genetically
modified organism research, test:
a) Hiding information of risk of adverse effects to
environment, biodiversity and human health during research;
b) Bringing the research samples not in framework
of the registered theme into territory of the Socialist Republic of Vietnam.
4. A fine of between VND 30,000,000 and 50,000,000
for any of the following violations involving activities of genetically
modified organism research, test:
a) Failing to strictly abide by regulations on
isolation causing lost of genetically modified organism into environment during
research, test;
b) Failing to apply emergency measures to handle,
destroy thoroughly genetically modified organism when detecting genetically
modified organism causing risk to environment, biodiversity, human health and
domestic animals and failing to control;
c) Escaping genetically modified organism into
environment without license for wide-area genetically modified organism test.
5. A fine of between VND 70.000.000 and
100.000.000, for violations specified at Clause 4 of this Article, causing
serious consequences.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Depriving the right to use permit for genetically
modified organism test, from 06 months to 12 months, for violations specified
at Clause 4 and Clause 5 of this Article.
7. Remedial measures:
a) Forcible destruction of all genetically modified
organisms which have not yet been granted license for genetically modified
organism test or certificate of biological safety;
b) Forcible application of measures to remedy
environment pollution for violations causing pollution specified in this
Article.
Article 48. Violations of
regulations on production, business, import, storage, transport of genetically
modified organism, products of genetically modified organism shall be
sanctioned as follows:
1. A fine of between VND 1,000,000 and 2,500,000
for act of failing to write on labels of goods containing genetically modified
organism, products of genetically modified organism under regulations.
2. A fine of between VND 30,000,000 and 50,000,000
for act of production, business of genetically modified organism, products of
genetically modified organism used to do food, livestock feed without
certificate of biological safety under regulations.
3. A fine of between VND 50,000,000 and 70,000,000
for any of the following violations:
a) Culturing, planting, letting genetically
modified organisms, genetic specimens of genetically modified organisms without
certificate of biological safety out environment;
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4. A fine of between VND 80,000,000 and 100,000,000
for any of the following violations:
a) Culturing, planting, letting genetically
modified organisms, genetic specimens of genetically modified organisms without
certificate of biological safety out environment that cause the change of
ecological system, genetic source;
b) Illegally importing genetically modified
organisms, genetic specimens of genetically modified organisms that cause the
change of ecological system, genetic source.
5. Remedial measures:
a) Forcible destruction of all genetically modified
organisms, genetic specimens of genetically modified organism, for violations
specified at Clause 2, point a Clause 3 and point a Clause 4 of this Article;
b) Forcible re-export of consignment containing
genetically modified organisms, genetic specimens of genetically modified
organism out territory of the Socialist Republic of Vietnam, for violations
specified at point b Clause 3 and point b Clause 4 of this Article. In case of
failing to re-export, forcible destruction of consignment containing
genetically modified organisms, genetic specimens of genetically modified
organisms.
Article 49. Act of interfering
state management, inspection, examination and sanction of administrative
violations on environmental protection
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following violations:
a) Causing difficulties to environmental status
investigation, research, control or assessment or to duty performance by
competent persons;
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c) Refusing to receive inspection or examination
decisions or administrative sanctioning decisions, decisions coercing movement,
operation ban, decisions coercing the enforcement of administrative sanctioning
decisions;
d) Failing to hold environmental dialogues at the
request of environmental protection state management agencies or in response to
complaints, denunciations or lawsuits of concerned organizations or individuals
under regulations.
2. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to declare or declaring untruthfully or
after the time limit specified by persons on duty or competent state management
agencies;
b) Failing to provide or sufficiently provide
information and documents related to inspection, examination or administrative
sanctioning by persons on duty or competent state management agencies;
c) Obstructing task performance by examination or
inspection teams or persons assigned to conduct examination or inspection in
environmental protection;
d) Failing to assign competent representative as
prescribed by law to participate in meeting for announcement of environmental
protection inspection decision or assigning competent representative to work
and cooperate with environmental protection inspection and examination team.
3. A fine of between VND 20,000,000 and 50,000,000
for act of deliberately breaking seals of the sealed or temporarily seized
material evidences, means, workshops, machinery or equipment or dispersing
material evidences used for commission of violations, deliberately altering
scenes of violation in domain of environmental protection.
4. A fine of between VND 50,000,000 and 80,000,000
for any of the following violations:
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b) Failing to properly or fully realize contents
and requirements in environmental protection inspection and examination
conclusions of competent state agencies.
5. Remedial measures:
Forcible implementation of requirements involving
environmental protection operation of competent state management persons or
agencies.
SECTION 2. COMPETENCE OF AND
PROCEDURES FOR SANCTION OF ADMINISTRATIVE VIOLATIONS
Article 50. Competence of
chairpersons of People’s Committees at all levels in sanctioning administrative
violations
1. Chairpersons of the communal People’s Committees
have rights:
a) To impose a caution;
b) To impose a fine up VND 5,000,000;
c) To confiscate material evidences and means used
for commission of administrative violations valued up VND 5,000,000;
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2. Chairpersons of the district-level People’s
Committees have rights:
a) To impose a caution;
b) To impose a fine up VND 50,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration
under their competence;
d) To confiscate material evidences and means used
for commission of administrative violations valued up VND 50,000,000;
e) To apply remedial measures for violations
specified at points a, b, c, e, f, h, i, k, l, m and n Clause 3 Article 4 of
this Decree.
3. Chairpersons of the provincial People’s
Committees have rights:
a) To impose a caution;
b) To impose a fine up VND 1,000,000,000;
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d) To confiscate material evidences and means used
for commission of administrative violations;
e) To apply remedial measures for violations
specified at Clause 3 Article 4 of this Decree.
Article 51. Competence of
People’s Public Security in sanctioning administrative violations
1. Soldiers of the
People's Police on duty have rights:
a) To impose a caution;
b) To impose a fine up VND 500,000.
2. Heads of stations, teams of persons defined at
Clause 1 this Article have rights:
a) To impose a caution;
b) To impose a fine up VND 1,500,000.
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a) To impose a caution;
b) To impose a fine up VND 2,500,000;
c) To confiscate material evidences and means used
for commission of administrative violations valued up VND 2,500,000;
d) To apply remedial measures for violations
specified at points a, c and e Clause 3 Article 4 of this Decree.
4. Heads of district-level police offices, heads of
divisions of provincial police agencies including: Heads of police divisions
for prevention and combat against environmental crimes and heads of divisions
of entry and exit administration on duty have rights:
a) To impose a caution;
b) To impose a fine up VND 25,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration
under their competence;
d) To confiscate material evidences and means used
for commission of administrative violations valued up VND 25,000,000;
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5. Directors of provincial Police agencies have
rights:
a) To impose a caution;
b) To impose a fine up VND 50,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration;
d) To confiscate material evidences and means used
for commission of administrative violations valued up VND 50,000,000;
e) To apply remedial measures for violations
specified at points a, c, e, i, k, l, m and n Clause 3 Article 4 of this
Decree.
6. Director of Police Department for prevention and
combat against environmental crimes and Director of Entry and Exit
Administration Department on duty have rights:
a) To impose a caution;
b) To impose a fine up VND 1,000,000,000;
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d) To confiscate material evidences and means used for
commission of administrative violations;
e) To apply remedial measures for violations
specified at points a, c, e, i, k, l, m and n Clause 3 Article 4 of this
Decree.
Article 52. Competence of
specialized Inspectorate in sanctioning administrative violations
1. Environmental protection-specialized inspectors,
persons assigned implementation of environmental protection specialized
inspection task of the provincial Departments of Natural Resources and
Environment, the Vietnam Environment Administration, Ministry of Natural
Resources and Environment on duty have rights:
a) To impose a caution;
b) To impose a fine up VND 500,000;
c) To confiscate material evidences and means used
for commission of administrative violations valued up VND 500,000;
d) To apply remedial measures for violations
specified at points a, c, e, k, l, m and n Clause 3 Article 4 of this Decree.
2. The Chief Inspector of provincial Departments of
Natural Resources and Environment and equivalent titles assigned to perform
function of environmental protection specialized inspection by Government have
rights:
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b) To impose a fine up VND 50,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration;
d) To confiscate material evidences and means used
for commission of administrative violations valued up VND 50,000,000;
e) To apply remedial measures for violations
specified at Clause 3 Article 4 of this Decree.
3. Director of Pollution Control Department and
equivalent titles, who are assigned to perform function of environmental
protection specialized-inspection by Government, shall have rights:
a) To impose a caution;
b) To impose a fine up VND 250,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration;
d) To confiscate material evidences and means used
for commission of administrative violations valued up VND 250,000,000;
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4. The Chief Inspector of the Ministry of Natural
Resources and Environment, and Director General of the Vietnam Environment
Administration shall have rights:
a) To impose a caution;
b) To impose a fine up VND 1,000,000,000;
c) To deprive the right to use the environmental
license with a definite duration or suspend operation with a definite duration;
d) To confiscate material evidences and means used
for commission of administrative violations;
e) To apply remedial measures for violations
specified at Clause 3 Article 4 of this Decree.
5. Heads of environmental protection specialized
inspection teams of the Ministry of Natural Resources and Environment have
sanction competence as prescribed at Clause 3 this Article.
Heads of environmental protection specialized
inspection teams of the provincial Departments of Natural Resources and
Environment, the Vietnam Environment Administration and state management
agencies assigned implementation of environmental protection
specialized-inspection have sanction competence as prescribed at Clause 2 this
Article.
Article 53. Sanction
competence of other forces
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Article 54. Delimitation of
competence on sanctioning administrative violations in domain of environmental
protection
1. Delimitation of competence on sanctioning
administrative violations in domain of environmental protection of forces shall
be specified as follows:
a) Forest ranger forces have competence to sanction
administrative violations under their authority, in their domain and
management, for administrative violations in domain of environmental protection
involving ranger operation, specified in Articles 41, 42, 43, 44, 45, 46, 47,
48 and 49 of this Decree;
b) Maritime Port Authorities shall have competence
to sanction administrative violations under their authority, in their domain
and management, for administrative violations in domain of environmental
protection involving maritime operation, specified in Articles 29, 35, 36 and
49 of this Decree;
c) Inland Waterway Port Authorities shall have
competence to sanction administrative violations under their authority, in
their domain and management, for administrative violations in domain of
environmental protection in inland waterway areas, specified in Articles 35, 36
and 49 of this Decree;
d) Border Guard shall have competence to sanction
administrative violations under their authority, in their domain and
management, for administrative violations in domain of environmental
protection, specified in Articles 29, 35, 36, 41, 42, 43, 44, 45, 46, 47, 48
and 49 of this Decree;
e) Maritime Police shall have competence to
sanction administrative violations under their authority, in their domain and
management, for administrative violations in domain of environmental
protection, which happen on sea areas, exclusive
economic zones,
areas in sovereignty of the Socialist Republic of Vietnam specified in
Articles 13, 14, 15, 16, 19, 20; Clauses 7, 8, 9 and 10 Article 21; Clauses 6,
7, 8 and 9 Article 22; Articles 29, 35, 36, 41, 42, 43, 44, 45, 46, 47, 48 and
49 of this Decree;
f) Custom agencies shall have competence to
sanction administrative violations under their authority, in their domain and
management, for administrative violations in domain of environmental protection
involving custom operation, specified in Articles 25, 26, 27, 42, 45, 47, 48
and 49 of this Decree;
g) Market management agencies shall have competence
to sanction administrative violations under their authority, in their domain
and management, for administrative violations in domain of environmental
protection involving market and goods management and purchase, sale and use of
wild animals, specified in Articles 27, 28, 42, 45, 48 and 49 of this Decree;
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i) Border-gate Police shall have competence to
sanction administrative violations under their authority, in their domain and
management, for administrative violations in domain of environmental protection
at border gates;
k) Police agencies of entry and exit management
shall have competence to sanction administrative violations under their
authority, in their domain and management, for administrative violations in
domain of environmental protection involving exit and entry;
l) Commune-level police offices shall have
competence to sanction administrative violations under their authority, in
their domain and management, for administrative violations in domain of
environmental protection, specified in Articles 20, 30, 41, 42, 43, 45, 48 and
49 of this Decree;
m) Commune-level police offices shall have
competence to sanction administrative violations under their authority, in
their domain and management, for administrative violations in domain of
environmental protection, specified in Articles 20, 30, 31, 41, 42, 43, 45, 48
and 49 of this Decree;
n) The provincial Police agencies shall have
competence to sanction administrative violations under their authority, in
their domain and management as prescribed in this Decree, except for violations
of administrative procedures and state management activities under duties of
env