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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/2022/ND-CP
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Hanoi, July 07, 2022
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DECREE
PENALTIES FOR ADMINISTRATIVE
ENVIRONMENTAL PROTECTION OFFENCES
Pursuant to the Law on Government Organization dated June 19,
2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on
Government Organization and Law on Local Government Organization;
Pursuant to the Law on Penalties for Administrative
Violations dated June 20, 2012; Law dated November 13, 2020 on Amendments to
some Articles of the Law on Penalties for Administrative Violations;
Pursuant to the Law on Environmental Protection dated November
17, 2020;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Pursuant to the Ordinance on Environmental Police dated
December 23, 2014;
At the request of the Minister of Natural Resources and
Environment;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for administrative offences,
penalties, fines, remedial measures against administrative offences, power to
make administrative offence notices, power to impose penalties for
administrative offences against environmental protection.
2. Administrative environmental protection offences
prescribed in this Decree consist of:
a) Offences against regulations on environmental
registration, environmental licenses and environmental impact assessment;
b) Acts of offences against environmental pollution;
c) Offences against regulations on waste management;
d) Offences against regulations on environmental protection
committed by production, business and service establishments (hereinafter
referred to as “business establishments”) and industrial parks,
export-processing zones, hi-tech zones and dedicated areas for industrial
production in economic zones (hereinafter referred to as “dedicated areas for
production, business and service provision), industrial clusters, craft
villages;
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e) Offences against regulations on environmental protection
during management of persistent pollutants, raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants;
g) Offences against regulations on prevention and control of
environmental pollution and degradation, and waste-related emergencies;
reduction of greenhouse gas (GHG) emissions, ozone layer protection;
h) Offences in relation to nature and biodiversity
conservation, including regulations on environmental protection of natural
heritage sites, payments for ecosystem services (PES), conservation and
sustainable development of species, conservation and sustainable development of
genetic resources;
i) Offences against regulations on environmental monitoring;
management of environmental information and data; provision and publishing of
environmental information; reporting of environmental protection;
k) Acts causing obstruction of state management, inspection
and imposition of penalties for administrative offences and other acts of
offence against regulations on environmental protection provided for in Chapter
II herein.
Article 2. Regulated entities
1. Domestic and foreign individuals and organizations
(hereinafter referred to as “individuals and organizations”) committing
administrative environmental protection offences within the territory, the
contiguous zone, the exclusive economic zone and the continental shelf of the
Socialist Republic of Vietnam; aboard aircrafts bearing Vietnamese nationality,
aboard vessels bearing Vietnamese flags unless otherwise regulated by treaties
to which Vietnam is a signatory shall incur penalties as regulated in this
Decree or relevant Decrees.
2. Penalties incurred by households, household businesses and
residential communities committing offences against regulations herein shall be
the same as those incurred by violating individuals.
3. Organizations incurring penalties for administrative
environmental protection offences prescribed in this Decree include:
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b) Cooperatives and cooperative unions established under the
Law on Cooperatives;
c) Foreign investors that are foreign-invested organizations
and economic organizations, representative offices and branches of foreign
traders in Vietnam, representative offices of foreign trade promotion
organizations in Vietnam established under the Law on Investment; foreign
juridical persons operating within Vietnam’s territorial waters;
d) Regulatory bodies committing administrative offences
beyond their delegated power;
dd) Socio-political organizations, socio-professional
organizations;
e) Public service providers;
g) Cooperative associations;
h) Other organizations established under regulations of law.
4. Persons having power to make administrative offence
notices; persons having power to impose penalties for administrative
environmental protection offences; other agencies, organizations and individuals
related to environmental protection as prescribed in this Decree.
Article 3. Definitions
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1. “discharge of wastewater into the environment” refers to
the discharge of wastewater of all kinds by individuals and organizations into
soil, underground water, surface water and seawater, inside and outside
business establishments and dedicated areas for production, business and
service provision.
2. “discharge of dust and emission into the environment”
refers to the discharge of dust and emission by individuals and organizations
into air.
3. “hazardous environmental parameters (pollution parameters)
in wastewater” refer to the environmental parameters specified in the national
technical regulation on hazardous waste thresholds mentioned in Section I in
the Annex I to this Decree.
4. “hazardous environmental parameters (pollution parameters)
in emission and air” refer to the environmental parameters specified in the
national technical regulation on hazardous substances in ambient air and some
parameters specified in the national technical regulation on waste mentioned in
Section II in the Annex II to this Decree.
5. “conventional environmental parameters (pollution
parameters)” refer to the environmental parameters specified in the national
technical regulation on waste and ambient air, except for the environmental
parameters specified in clauses 3 and 4 of this Article.
6. “illegal exploitation of species” to the acts of hunting,
shooting, trapping, picking, collecting, keeping and seizing species (including
animals, plants, fungi and microorganisms), parts or derivatives of animals
and/or plants without the permission of competent authorities or in excess of
the permitted quantity specified in the exploitation license issued by
competent authorities.
7. “public areas” refer to parks, recreation areas, dedicated
areas for business and service provision, markets, train stations, bus
stations, docks, ports, ferry terminals and public facilities.
8. “vandalism of a natural heritage site” refers to the acts
of destroying landscapes, changing ecosystem structure, reducing animal and
plant species composition; blocking paths, causing damage to nursery grounds
and spawning grounds of aquatic species; changing authentic elements and
damaging scenic landscapes as prescribed by regulations of law on cultural
heritage; affecting habitats of fish species and marine protected areas as
prescribed by regulations of law on fisheries.
9. “encroachment upon a natural heritage site” refers to the
acts of illegally constructing works or residential houses; preserving,
rehabilitating or restoring scenic landscapes in contravention of regulations
of law on cultural heritage; encroaching or occupying forests, illegally
exploiting forest environment and forest resources, illegally rendering
services and conducting business in forests as prescribed by regulations of law
on forestry.
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1. Principal penalties and fines:
Any organization or individual that commits administrative
environmental protection offences shall be liable to one of the following
principal penalties:
a) A warning;
b) The maximum fine for an environmental protection offence
incurred by an individual is VND 1,000,000,000; that incurred by an
organization is VND 2,000,000,000.
2. Additional penalties:
a) Suspension of environmental license; certificate of
eligibility to provide environmental monitoring services; license for access to
genetic resources; license for genetically modified organism testing; decision
on accreditation of genetically modified organism laboratory; decision on
accreditation of genetically modified organism testing facility (hereinafter
referred to as “licenses”) or suspension of operation as regulated in Clause 2
Article 25 of the Law on Penalties for Administrative Violations for 01 - 24
months as of the entry into force of the decision on imposition of penalty for
administrative offence (hereinafter referred to as “penalty imposition
decision”);
b) Confiscation of exhibits and instruments used for
committing administrative environmental protection offences (hereinafter
referred to as “exhibits and instruments of administrative offences);
confiscation and handling of valuable products created after destruction in
accordance with regulations of law;
c) Applying the additional penalty existing in the form of
suspension of operation to establishments supplying public products and
services through the State’s commissioning, order placement or procurement
processes according to the provisions of this Decree, except as their offences
do not lead to environmental pollution, or they have stopped committing
offences or have completely remedied the consequences of their administrative
offences. The time of suspension of operation shall start from the time when a
state authority assigns a task, places an order or bids to assign a task,
appoints a unit or select another contractor to provide public products and
services.
3. Apart from the penalties prescribed in clauses 1 and 2 of
this Article, individuals and organizations that commit administrative
environmental protection may be liable to one or more remedial measures
mentioned below
within the period regulated
by the person who has the power to impose penalties:
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b) Mandatory demolition of works and equipment built or
installed in contravention of regulations on environmental protection with the
aim of discharging untreated waste into the environment; mandatory
demolition of works and equipment so as to dilute waste and treat waste in
accordance with technical regulations on waste; mandatory demolition and
relocation of works and plants; mandatory demolition of works and residential
houses illegally built;
c) Mandatory application of remedial measures against
environmental pollution as prescribed; mandatory application of measures to
reduce noise in accordance with technical regulations; mandatory application of
measures to reduce vibration in accordance with technical regulations;
d) Mandatory re-export of used machinery, equipment, means of
transport and ships, raw materials, fuels, materials, scrap and waste imported
from abroad; mandatory the re-export of all illegally imported invasive alien
species out of the territory of the Socialist Republic of Vietnam; mandatory
the re-export of shipments containing genetically modified organisms and/or
their genetic specimens out of the territory of the Socialist Republic of
Vietnam;
dd) Mandatory the destruction of used machinery, equipment,
means of transport and ships, raw materials, fuels, materials, scrap and waste
imported from abroad; mandatory destruction of all invasive alien species;
mandatory destruction of genetically modified organisms to which the license for genetically
modified organism testing or certificate of biosafety is yet to be issued;
mandatory destruction of substances, equipment and products containing or
produced from prohibited controlled substances; mandatory destruction of all
genetically modified organisms and/or their genetic specimens;
e) Mandatory correction of misinformation or misleading
information about the state of environment;
g) Mandatory disgorgement of illegal gain from commission of
administrative offences or the transfer of the amounts equivalent to the value
of the exhibits and/or instruments of administrative offences which have been
sold, liquidated, hidden or destroyed inconsistently with the law;
For the administrative offences specified in point g clause
1, point g clause 2 Article 10; points g and h clause 1, points g and h clause
2, points g and h clause 3 Article 11; points a and b clause 1, points a and b
clause 2 Article 13; points d and dd clause 2, points d and dd clause 3, points
d and dd clause 4 Article 14; points g and h clause 3, points h and i clause 4
Article 15 of this Decree which result in discharge of untreated wastewater
into the environment, the illegal gain equals to the total discharge rate
(expressed in m3) of untreated wastewater discharged into the
environment which is determined during the offence commission period (if the
wastewater discharge rate fails to be determined, the wastewater discharge rate
shall be the maximum rate of wastewater discharged every 24 hours specified in
a document in the following order of priority: inspection conclusion, audit
result, application for issuance of environmental license or component
environmental license, environmental impact assessment report (hereinafter
referred to as “EIAR”) multiplied by the price of wastewater treatment service
(expressed in VND/m3) in the province set by the provincial People's
Committee (if the provincial People's Committee fails to set a price, the price
of wastewater treatment service applicable to the industrial park at the
nearest distance from the violating organization shall be applied).
For the administrative offences specified in point g clause
1, point g clause 2 Article 10; points g and h clause 1, points g and h clause
2, points g and h clause 3 Article 11; points a and b clause 1, points a and b
clause 2 Article 13; points d and dd clause 2, points d and dd clause 3, points
d and dd clause 4 Article 14; points g and h clause 3, points h and i clause 4
Article 15 of this Decree which result in discharge of untreated emission into
the environment, the illegal gain equal to the emission discharge rate
(expressed in m3/hour) (in case of failure to install or operate an
emission treatment system, the emission discharge rate shall be the maximum
rate of emission discharged every hour specified in a document in the following
order of priority: inspection conclusion, audit result, application for
issuance of environmental license or component environmental license, EIAR)
multiplied by the hour-based offence commission period and by the costs
(express in VND/m3) of operating the emission treatment system in an
hour, including: electricity, water, labor, chemicals and consumables.
For the administrative offences specified in clauses 2, 3 and
4 of Article 16; point a clauses 4 and 5 of Article 17; clauses 4 and 7 of
Article 46, the illegal gain is all sums that an organization or individual
earns when committing an offence.
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i) Mandatory collection, storage and safe management of
persistent pollutants, raw materials, fuels, materials, products, goods and
equipment imported, produced and used containing persistent pollutants as
prescribed, and mandatory submission of reports on results of completed
remediation of consequences of offences;
k) Mandatory transfer of waste to entities having treatment
competence; mandatory transfer of substances, equipment and products containing
or produced from controlled substances subject to treatment in accordance with
regulations to entities having treatment competence and payment of all costs
incurred;
l) Collecting underpaid or evaded environmental protection
fees; mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples; mandatory payment of deposit
on environmental protection; mandatory purchase of insurance against
compensation for environmental damage; mandatory payment of costs of organizing
waste-related emergency response, costs of environmental remediation; mandatory
compensation for damage caused by oil pollution as regulated; mandatory full
payment for ecosystem services and interest on the late payment amount (if any)
accrued over 01 month; mandatory transfer of the remaining amounts to the
provincial environment protection fund or Vietnam Environment Protection Fund
(VEPF) if the provincial environment protection fund is yet to be established
within 06 months; mandatory return of the amounts not used for their intended
purposes within 01 month; mandatory payment of contributions for recycling
support corresponding to the incomplete mandatory recycling rate or
contributions for recycling support corresponding to the recycling rate
that fails to meet the mandatory recycling specifications to the VEPF;
mandatory payment of outstanding contributions for recycling support to the
VEPF; mandatory payment of contributions for recycling
support corresponding to the mandatory recycling rate and specifications
that must be met to the VEPF; mandatory termination of recycling services
agreement and authorized recycling service agreement and payment of subsidies
on recycling corresponding to the mandatory recycling rate and specifications
to the VEPF for fulfillment of the responsibility for recycling; mandatory
transfer of outstanding contributions for waste treatment to the VEPF;
m) Mandatory relocation of projects or facilities to other
locations to ensure consistency with the planning, environmental zoning and
environmental carrying capacity approved by a competent authority in cases
where the project locations or business establishments fail to conform to the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed; mandatory construction and installation of
environmental protection works as prescribed;
n) Mandatory preparation of GHG inventory reports and reports
on reduction of GHG emissions for the year(s) of late or insufficient
submission and payment of all costs incurred (if any); mandatory establishment
of collection, transport and safe storage procedures in accordance with
regulations; mandatory formulation of internal PES schemes within 06 months;
mandatory submission of reports on results of completed remediation of
consequences of offences in accordance with regulations;
o) Mandatory provision of accurate and sufficient information
included in GHG inventory reports and reports on reduction of GHG emissions;
mandatory disclosure of environmental impact assessment reports (EIARs) for
which the appraisal result has been approved in accordance with regulations;
mandatory disclosure of information about products and packaging produced and
imported themselves as prescribed; mandatory registration of recycling plans,
submission of declarations of contributions for recycling support and reports
on recycling results in accordance with regulations; mandatory provision and
disclosure of information; mandatory submission of environmental protection
reports to competent authorities; mandatory of submission of declarations of
contributions for waste treatment support in accordance with regulations.
4. The remedial measures specified in points a, c, g and l
clause 3 of this Article shall not be applied if there are insufficient grounds
for determining the consequences or for determining the illegal gain or for
determining the underpaid or evaded environmental protection fees as prescribed
as a result of the offences.
Article 5. Prescriptive time limits for
imposing penalties for administrative offences
1. The prescriptive time limit for imposing penalties for
administrative environmental protection offences shall be 02 years.
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a) The offences specified in Article 9; points e, g and h
clause 1, points e, g and h clause 2, points e, g and h clause 3 Article 11; points
b and c clause 1, points b and c clause 2 Article 13; points b, d and e clause
1, points c, d and dd clause 2, points c, d and dd clause 3, points c, d and dd
clause 4 Article 14; clause 2, points e, g and h clause 3, points e, g, h and i
clause 4, clause 6 Article 15 and Article 38 of this Decree are in-progress
administrative offences and the prescriptive time limits begin from the dates
on which the competent law enforcement officer detects such offences.
b) The offences specified in point b clause 1, point b clause
2 of Article 10; point b clause 1, point b clause 2, point b clause 3 Article
11; clause 1 Article 32; clause 1 Article 33; clause 1, point c clause 3
Article 43 of this Decree are in-progress administrative offences and the
prescriptive time limits begin from the dates on which the organizations or
individuals have to disclose information or submit periodic reports as
prescribed;
c) The offences specified Articles 18 to 23 of this Decree
are completed ones and the prescriptive time limits begin from the dates on
which samples are collected;
d) The offences specified in clause 2 Article 25 of this
Decree are completed ones and the ending time is when the commission of the offence is
completed;
dd) Except for the offences specified in points a, b, c and d
of this clause, the person having the power to impose penalties shall determine
the prescriptive time limits for imposing other offences as specified in point
b clause 1 Article 6 of the Law on Penalties for Administrative Violations.
Article 6. Fines and power to impose
penalties
1. The maximum fine imposed for an administrative
environmental protection offence shall be subject to regulations of law on
imposition of penalties for administrative offences.
2. Fines for administrative offences prescribed in Chapter II
herein are the ones for the administrative offences committed by individuals.
The fine incurred by an organization is twice as much as that incurred by an
individual for the same offence.
3. The maximum fines the persons specified in Articles 56 to
67 of this Decree may impose are fines for one administrative offence committed
by an individual. In case of imposition of a fine, the power to impose such
fine on a violating entity shall be 02 times higher than that on a violating
individual.
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Article 7. Application of technical
regulations on environment and use of environmental parameters for
determination of administrative environmental protection offences; principles
of imposition of penalties for some administrative environmental protection
offences
1. When individuals/organizations discharge waste into the
environment, the national technical regulations shall be applied to determine
administrative environmental protection offences and severity thereof; in case
both national technical regulation and local technical regulation are
available, the local technical regulation shall apply (hereinafter referred to
as “technical regulation”).
2. If a parameter exceeds the permissible limit prescribed in
the environmental technical regulation, the rate of excess shall be the highest
value calculated by dividing the value collected by technical means and
equipment, and from results of inspection, assessment, monitoring, measurement
and analysis of certain environmental parameters of waste samples and/or
ambient environmental samples by the maximum permissible value of that
parameter prescribed in the environmental technical regulation.
3. When imposing fines for the discharge of wastewater (as
prescribed in Articles 18 and 19 herein) or the discharge of dust and emission
(as prescribed in Articles 20 and 21 herein) in excess of the permissible
limits prescribed in the environmental technical regulations, if the discharged
wastewater or discharged dust and emission contain both hazardous and
conventional environmental parameters or the pH value exceeds the permissible
limits prescribed in the technical regulations, the penalty to be imposed shall
be determined according to the parameter of wastewater, dust or emission sample
involved in the offence for which the highest fine is imposed; if fines
determined according to these parameters are equal, hazardous parameters shall
serve as a benchmark for determination of the offence.
The fines for the offences involving the remaining environmental
parameters of the same samples of these discharges in excess of the permissible
limits prescribed in the technical regulations shall be 10% - 50% more than the
fine for the selected offence involving each of these parameters provided that
total sum of fine for each offence does not exceed the prescribed maximum fine.
In case a business establishment or a dedicated for
production, business and service provision has many points of discharging
wastewater or dust/emission in excess of the permissible limits prescribed in
technical regulations, appropriate penalty shall be imposed on each point.
4. The wastewater discharge rate specified in Articles 18 and
19 of this Decree means the total volume of wastewater discharged into the
environment in a day (24 hours). In case where the wastewater discharge rate
cannot be determined, the discharge rate shall be calculated by multiplying the
flow rate of wastewater determined at the sampling time by 24 hours. In case of
discharge of wastewater into soil, groundwater or surface water (in ponds,
lakes, pits, etc. within a business establishment) upon the calculation of the
wastewater discharge rate in excess of the permissible limits prescribed in the
technical regulation on waste, the Kq value (the coefficient of
receiving water) shall be equal to 0.6 as regulated in that technical
regulation; if the technical regulation relies on the environmental zoning
instead of the Kq value, the pollution limits of the strictly protected
environmental zone shall apply.
Article 8. Use of results and data
obtained from of technical means and equipment to the discovery and imposition
of penalties for administrative environmental protection offences
1. The use of technical means and equipment and data
therefrom provided by individuals and organizations to determine administrative
environmental protection offences shall comply with the Decree on list,
management and use of technical means and equipment and procedures for
collection and use of data from technical means and equipment provided by
individuals and organizations to discover administrative offences. Results
obtained by employing technical means and equipment shall be compared with the
maximum permissible values of environmental parameters prescribed in technical
regulations for determining administrative offences.
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a) Organizations issued with the certificate of eligibility
to provide environmental monitoring services as prescribed by law;
b) Environmental inspection, assessment and/or monitoring
organizations that are established by competent agencies, sufficiently
competent and designated by competent authorities in accordance with
specialized law;
c) Results obtained from continuous and automatic
wastewater/emission monitoring equipment or systems of organizations and
individuals that are tested, inspected or calibrated in accordance with
regulations of law in cases where continuous and automatic monitoring systems
need to be installed and data obtained from that system need to be directly
transmitted to the provincial Department of Natural Resource and Environment
for inspection and supervision.
3. Related individuals and organizations shall cooperate with
competent authorities and persons in using data obtained from technical means
and equipment to define entities and administrative offences against
environmental protection.
Chapter II
ADMINISTRATIVE
ENVIRONMENTAL PROTECTION OFFENCES, PENALTIES, FINES, REMEDIAL MEASURES
Article 9. Offences against regulations on
environmental registration
1. Penalties for offences against regulations on
environmental registration for an investment project or business establishment
not required to prepare an EIAR are as follows:
a) A warning or fine ranging from VND 500,000 to VND
1,000,000 shall be imposed for failure to correctly or sufficiently fulfill the
commitment or plan to collect, manage and treat waste mentioned in the
environmental registration form received by the competent authority, except for
the offences against regulations on normal solid waste and hazardous waste;
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2. Penalties for offences against regulations on
environmental registration for an investment project or business establishment
required to prepare an EIAR subject to approval by the provincial People’s
Committee or not subject to approval by the Ministry of National Defense or
Ministry of Public and satisfying the environmental criteria equivalent to
those applicable to the investment project or business establishment subject to
approval by the provincial People’s Committee are as follows:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for failure to correctly or sufficiently fulfill the commitment or
plan to collect, manage and treat waste mentioned in the environmental
registration form received by the competent authority, except for the offences
against regulations on normal solid waste and hazardous waste;
b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to apply for environmental registration by the
prescribed deadline; for omitting information about type of waste or weight of
waste generated and plan to collect, manage and treat waste of the investment
project or business establishment required in the environmental registration
form; for failure to apply for environmental registration again as prescribed.
3. Penalties for offences against regulations on
environmental registration for an investment project or business establishment
required to prepare an EIAR subject to approval by the Ministry of Natural
Resources and Environment or subject to approval by the Ministry of National
Defense or Ministry of Public, for an investment project satisfying the
environmental criteria equivalent to those applicable to the project subject to
approval by the Ministry of Natural Resources and Environment are as follows:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to correctly or sufficiently fulfill the commitment or
plan to collect, manage and treat waste mentioned in the environmental
registration form received by the competent authority, except for the offences
against regulations on normal solid waste and hazardous waste;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to apply for environmental registration by the
prescribed deadline; for omitting information about type of waste or weight of
waste generated and plan to collect, manage and treat waste of the investment
project or business establishment required in the environmental registration
form; for failure to apply for environmental registration again as prescribed.
Article 10. Offences against regulations
on environmental impact assessment
1. Penalties for offences against regulations on compliance
with the decision on approval for result of appraisal of EIAR subject to
approval by the provincial People’s Committee or compliance with the decision
on approval for result of appraisal of EIAR subject to approval by the Ministry
of National Defense or Ministry of Public Security for a project satisfying the
environmental criteria equivalent to those applicable to the project subject to
approval by the provincial People’s Committee are as follows:
a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to issue a notification of completion of environmental
protection work as prescribed to the authority approving the EIAR appraisal
result before putting the project into official operation in case where the
investment project is not required to obtain the environmental license;
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c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to adjust or supplement the investment project and EIAR
to make them conformable with the environmental protection contents and
requirements specified in the decision on approval for EIAR appraisal result;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for improper or incomplete implementation of one of the requirements
specified in the decision on approval for EIAR appraisal result as prescribed,
except for offences against regulations on environmental monitoring and
surveillance; regulations on waste-related emergency prevention and response
and regulations specified in points dd, e and g of this clause;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failure to implement the requirements specified in the
decision on approval for EIAR appraisal result as prescribed, except for
offences against regulations on environmental monitoring and surveillance;
regulations on waste-related emergency prevention and response, except for the
cases specified in points e and g of this clause;
e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for failure to notify the competent authority as prescribed for
consideration and approval during the process of issuing the environmental
license for the investment project required to obtain the environmental
license in case of any change specified in point b clause 4 Article 37 of the
Law on Environmental Protection;
g) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for building or installing equipment, pipes or other systems used
for discharging untreated waste into the environment; failure to operate or
regularly operate or improperly operating waste treatment works; failure to
build or install or improperly building or installing waste treatment works,
works or measures for minimizing noise and vibration and control of light and thermal radiation as
prescribed during the construction and execution of the project resulting in
generation of waste, noise, vibration, light or thermal radiation.
2. Penalties for offences against regulations on compliance
with the decision on approval for result of appraisal of EIAR subject to
approval by the Ministry of Natural Resources and Environment or compliance
with the decision on approval for result of appraisal of EIAR subject to
approval by the Ministry of National Defense or Ministry of Public Security for
a project satisfying the environmental criteria equivalent to those applicable
to the project subject to approval by the Ministry of Natural Resources and
Environment are as follows:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to issue a notification of completion of environmental
protection work as prescribed to the authority approving the EIAR appraisal
result before putting the project into official operation in case where the
investment project is not required to obtain the environmental license;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to disclose the EIAR for which the appraisal result has
been approved as prescribed;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to adjust or supplement the investment project and EIAR
to make them conformable with the environmental protection contents and
requirements specified in the decision on approval for EIAR appraisal result;
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dd) A fine ranging from VND 50,000,000 to VND 60,000,000
shall be imposed for failure to implement the requirements specified in the
decision on approval for EIAR appraisal result as prescribed, except for
offences against regulations on environmental monitoring and surveillance;
regulations on waste-related emergency prevention and response, except for the
cases specified in points e and g of this clause;
e) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for failure to notify the competent authority as prescribed for
consideration and approval during the process of issuing the environmental
license for the investment project required to obtain the environmental
license in case of any change specified in point b clause 4 Article 37 of the
Law on Environmental Protection;
g) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for building or installing equipment, pipes or other systems
used for discharging untreated waste into the environment; failure to operate
or regularly operate or improperly operating waste treatment works; failure to
build or install or improperly building or installing waste treatment works,
works or measures for minimizing noise and vibration and control of light and
thermal radiation as prescribed during the construction and execution of the
project resulting in generation of waste, noise, vibration, light or thermal
radiation.
3. Additional penalties:
a) Suspending the construction activities which results in
discharge of waste for 01 - 03 months as a remedy for the offences specified in
point g clause 1 of this Article;
b) Suspending the construction activities which results in
discharge of waste for 03 - 06 months as a remedy for the offences specified in
point g clause 2 of this Article.
4. Remedial measures:
a) Mandatory disclosure of the EIAR for which the appraisal
result has been approved as prescribed in case of commission of the offences
specified in point b clause 1, point b clause 2 of this Article;
b) Mandatory demolition of the works or equipment built or
installed against regulations on environmental protection for discharge of
untreated waste to the environment in case of commission of the offences
specified in point g clause 1, point g clause 2 of this Article;
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Article 11. Offences against regulation on
environmental licenses
1. Penalties for offences against regulations on the
environmental license under the licensing authority of the district-level
People's Committee or environmental license under the licensing authority of
the Ministry of National Defense or Ministry of Public Security while
equivalent subjects are under the licensing authority of the district-level
People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31,
35 and 38 of this Decree:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for failure to notify the licensing authority for consideration and
processing in case of any change to the issued license as prescribed; failure
to submit the application for environmental license by the prescribed deadline;
b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to disclose the environmental license as prescribed;
c) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for improper or incomplete implementation of one of the requirements
specified in the environmental license, except for offences against regulations
on environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, dd, e
and g of this clause;
d) A fine ranging from VND 20,000,000 to VND 25,000,000 shall
be imposed for failure to check waste treatment works/equipment to identify the
cause for environmental pollution or failure to renovate or upgrade waste
treatment works in accordance with regulations in case of reporting incorrect
data on actual pollution or in case of committing an offence against
regulations on discharge of wastewater, dust or emission in excess of the
permissible limits specified in the environmental technical regulations;
dd) A fine ranging from VND 25,000,000 to VND 30,000,000
shall be imposed for including inaccurate or untruthful information about the
completion of environmental protection works and measures in the report on
proposal for issuance of environmental license for the investment project to
which the decision on approval of EIAR appraisal result has been issued before
its trial operation as prescribed; for failure to renew or adjust the
environmental license as prescribed; failure to implement the requirements
specified in the environmental license as prescribed, except for offences
against regulations on environmental monitoring and surveillance; regulations
on waste-related emergency prevention and response, and cases specified in
points a, b, c, e and g of this clause;
e) A fine ranging from VND 30,000,000 to VND 35,000,000 shall
be imposed for failure to have the environmental license re-issued as
prescribed;
g) A fine ranging from VND 35,000,000 to VND 40,000,000 shall
be imposed for failure to operate or regularly operate or improperly operating
waste treatment works; failure to build or install waste treatment works
according to the environmental license;
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2. Penalties for offences against regulations on the
environmental license under the licensing authority of the provincial People's
Committee or environmental license under the licensing authority of the
Ministry of National Defense or Ministry of Public Security while equivalent
subjects are under the licensing authority of the provincial People’s
Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38
of this Decree:
a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to notify the licensing authority for consideration and
processing in case of any change to the issued license as prescribed; failure
to submit the application for environmental license by the prescribed deadline;
b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to disclose the environmental license as prescribed;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for improper or incomplete implementation of one of the requirements
specified in the environmental license as prescribed, except for offences
against regulations on environmental monitoring and surveillance; regulations
on waste-related emergency prevention and response, and cases specified in
points a, b, dd, e and g of this clause;
d) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to check waste treatment works/equipment to
identify the cause for environmental pollution or failure to renovate or
upgrade waste treatment works in accordance with regulations in case of
reporting incorrect data on actual pollution or in case of committing an
offence against regulations on discharge of wastewater, dust or emission in
excess of the permissible limits specified in the environmental technical
regulations;
dd) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for including inaccurate or untruthful information about the
completion of environmental protection works and measures in the report on
proposal for issuance of environmental license for the investment project to
which the decision on approval of EIAR appraisal result has been issued before
its trial operation as prescribed; for failure to renew or adjust the
environmental license as prescribed; failure to implement the requirements
specified in the environmental license as prescribed, except for offences against
regulations on environmental monitoring and surveillance; regulations on
waste-related emergency prevention and response, and cases specified in points
a, b, c, e and g of this clause;
e) A fine ranging from VND 150,000,000 to VND 170,000,000
shall be imposed for failure to have the environmental license re-issued as
prescribed;
g) A fine ranging from VND 170,000,000 to VND 200,000,000
shall be imposed for failure to operate or regularly operate or improperly
operating waste treatment works; failure to build or install waste treatment
works according to the environmental license;
h) A fine ranging from VND 400,000,000 to VND 500,000,000
shall be imposed for building or installing equipment, pipes or other systems
used for discharging untreated waste into the environment; failure to build or
install environmental protection works in accordance with regulations.
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a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to notify the licensing authority for consideration and
processing in case of any change to the issued license as prescribed; failure
to submit the application for environmental license by the prescribed deadline;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to disclose the environmental license as prescribed;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for including inaccurate or untruthful information about waste in
the application for issuance of environmental license as prescribed; improper
or incomplete implementation of one of the requirements specified in the
environmental license as prescribed, except for offences against regulations on
environmental monitoring and surveillance; regulations on waste-related
emergency prevention and response, and cases specified in points a, b, dd, e
and g of this clause;
d) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to check waste treatment works/equipment to
identify the cause for environmental pollution or failure to renovate or
upgrade waste treatment works in accordance with regulations in case of
reporting incorrect data on actual pollution or in case of committing an
offence against regulations on discharge of wastewater, dust or emission in
excess of the permissible limits specified in the environmental technical
regulations;
dd) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for failure to provide accurate or truthful information about
the completion of environmental protection works and measures included in the
report on proposal for issuance of environmental license for the investment
project to which the decision on approval of EIAR appraisal result has been
issued before its trial operation as prescribed; for failure to renew or adjust
the environmental license as prescribed; failure to implement the requirements
specified in the environmental license as prescribed, except for offences
against regulations on environmental monitoring and surveillance; regulations
on waste-related emergency prevention and response, and cases specified in
points a, b, c, e and g of this clause;
e) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for failure to have the environmental license re-issued as
prescribed;
g) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for failure to operate or regularly operate or improperly
operating waste treatment works; failure to build or install waste treatment
works according to the environmental license;
h) A fine ranging from VND 800,000,000 to VND 1,000,000,000
shall be imposed for building or installing equipment, pipes or other systems
used for discharging untreated waste into the environment; failure to build or
install environmental protection works in accordance with regulations.
4. Additional penalties:
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5. Remedial measures:
a) Mandatory demolition of the works or equipment built or
installed against regulations on environmental protection for discharge of
untreated waste to the environment in case of commission of the offences
specified in point h clause 1, point h clause 2 and point h clause 3 of this
Article;
b) Mandatory disgorgement of illegal gain from commission of
administrative offences specified in points g and h clause 1, points g and h
clause 2 and points g and h clause 3 of this Article.
Article 12. Offences against regulations
on trial operation of waste treatment works of investment projects
1. Penalties for offences against regulations on trial
operation of waste treatment works of an investment project under the
environmental licensing authority of the district-level People's Committee or
the Ministry of National Defense or Ministry of Public Security while
equivalent subjects are under the licensing authority of the district-level
People's Committee:
a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to notify the plan for trial operation of waste
treatment work/work item of the investment project or business establishment to
the competent authority as prescribed; failure to keep an logbook which records
information about trial operation or failure to fully record information about
trial operation of the waste treatment work as prescribed; failure to cooperate
with the specialized environmental protection authority in the province where
the project is executed to undergo inspection and supervision during the trial
operation as prescribed;
b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to halt or reduce the capacity of the investment project
or failure to check waste treatment works/equipment or process for operation of
waste treatment system to identify the cause for pollution or failure to
renovate, upgrade or additionally construct waste treatment works meeting
technical requirements on environmental protection as prescribed in case it is
discovered that waste discharged into the environment does not meet technical
regulations on environmental protection during trial operation;
c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall
be imposed upon an investment project or business establishment that fails to
prepare or submit the report on result of trial operation of waste treatment
work to the licensing authority as prescribed;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failing in trial operation or failing to resume trial operation
of waste treatment works as prescribed; for trial operation of waste treatment
works in excess of the prescribed time without a notice of extension of the
trial operation; for failure to implement or improperly and incompletely
implementing waste monitoring programs (regarding parameters, location and
frequency of surveillance) or for cooperating with an organization that is
ineligible to provide environmental monitoring services in monitoring waste or
evaluating efficiency of waste treatment works during trial operation as
prescribed; for failure to monitor and supervise result of automatic and
continuous wastewater, dust or emission monitoring or failure to connect and
transmit data to the specialized environmental protection authority in the
province where the project is executed if required to undergo automatic
monitoring of wastewater, dust or emission;
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2. Penalties for offences against regulations on trial
operation of waste treatment works of an investment project under the
environmental licensing authority of the provincial People's Committee or the
Ministry of National Defense or Ministry of Public Security while equivalent
subjects are under the licensing authority of the provincial People's
Committee:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to notify the plan for trial operation of waste
treatment works/work items of the investment project or business establishment
to the competent authority as prescribed; failure to keep an logbook which
records information about trial operation or failure to fully record
information about trial operation of the waste treatment work as prescribed;
failure to cooperate with the specialized environmental protection authority in
the province where the project is executed to undergo inspection and
supervision during the trial operation as prescribed;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to halt or reduce the capacity of the investment project
or failure to check waste treatment works/equipment or process for operation of
waste treatment system to identify the cause for pollution or failure to
renovate, upgrade or additionally construct waste treatment works meeting
technical requirements on environmental protection as prescribed in case it is
discovered that waste discharged into the environment does not meet technical
regulations on environmental protection during trial operation;
c) A fine ranging from VND 40,000,000 to VND 60,000,000 shall
be imposed upon an investment project or business establishment that fails to
prepare or submit the report on result of trial operation of waste treatment
work to the licensing authority as prescribed;
d) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for failing in trial operation or failing to resume trial operation
of waste treatment works as prescribed; for trial operation of waste treatment
works in excess of the prescribed time without a notice of extension of the
trial operation; for failure to implement or improperly and incompletely
implementing waste monitoring programs (regarding parameters, location and
frequency of surveillance) or for cooperating with an organization that is
ineligible to provide environmental monitoring services in monitoring waste or
evaluating efficiency of waste treatment works during trial operation as
prescribed; for failure to monitor and supervise result of automatic and
continuous wastewater, dust or emission monitoring or failure to connect and
transmit data to the specialized environmental protection authority in the
province where the project is executed if required to undergo automatic
monitoring of wastewater, dust or emission;
dd) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to immediately suspend the trial operation of the
waste treatment work or failure to promptly notify the licensing authority or
competent authority in case of causing an environmental emergency or
environmental pollution.
3. Penalties for offences against regulations on trial
operation of waste treatment works of an investment project under the
environmental licensing authority of the Ministry of Natural Resources and
Environment or the Ministry of National Defense or Ministry of Public Security
while equivalent subjects are under the licensing authority of the Ministry of
Natural Resources and Environment:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to notify the plan for trial operation of waste
treatment works/work items of the investment project or business establishment
to the competent authority as prescribed; failure to keep an logbook which
records information about trial operation or failure to fully record
information about trial operation of the waste treatment work as prescribed;
failure to cooperate with the specialized environmental protection authority in
the province where the project is executed to undergo inspection and
supervision during the trial operation as prescribed;
b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to halt or reduce the capacity of the investment project
or failure to check waste treatment works/equipment or process for operation of
waste treatment system to identify the cause for pollution or failure to
renovate, upgrade or additionally construct waste treatment works meeting
technical requirements on environmental protection as prescribed in case it is
discovered that waste discharged into the environment does not meet technical
regulations on environmental protection during trial operation;
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d) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failing in trial operation or failing to resume trial
operation of waste treatment works as prescribed; for trial operation of waste
treatment works in excess of the prescribed time without a notice of extension
of the trial operation; for failure to implement or improperly and incompletely
implementing waste monitoring programs (regarding parameters, location and
frequency of surveillance) or for cooperating with an organization that is
ineligible to provide environmental monitoring services in monitoring waste or
evaluating efficiency of waste treatment works during trial operation as
prescribed; for failure to monitor and supervise result of automatic and
continuous wastewater, dust or emission monitoring or failure to connect and
transmit data to the specialized environmental protection authority in the
province where the project is executed if required to undergo automatic
monitoring of wastewater, dust or emission;
dd) A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed for failure to immediately suspend the trial operation of the
waste treatment work or failure to promptly notify the licensing authority or
competent authority in case of causing an environmental emergency or
environmental pollution.
4. Additional penalties:
a) Suspending the operation in relation to the business
establishment’s work undergoing trial operation for 01 - 03 months as a remedy
for the offences specified in points b and d clause 1, point b clause 2 and
point b clause 3 of this Article;
b) Suspending the operation in relation to the business
establishment’s work undergoing trial operation for 03 - 06 months as a remedy
for the offences specified in point dd clause 2 and point dd clause 3 of this
Article.
5. Remedial measures:
Mandatory application of prescribed remedial measures against
environmental pollution in accordance with regulations and submission of the
reports on result of completed remediation of consequences of offences within
the period regulated by the person having the power to impose penalties in the
decision to impose penalties for the administrative offences prescribed in
points b and d clause 1, points b and d clause 2 and points b and dd clause 3
of this Article.
Article 13. Offences against regulations
on environmental protection in the absence of the prescribed decision on
approval for EIAR appraisal result
1. If an investment project or business establishment which
is required to prepare an EIAR subject to approval by the provincial People’s
Committee or approval by the Ministry of National Defense or Ministry of Public
Security and satisfies the environmental criteria equivalent to those
applicable to the investment project or business establishment subject to
approval by the provincial People’s Committee commits offences against
regulations environmental protection during its construction or operation,
except for the acts specified in Article 14 of this Decree, it shall incur a
penalty as follows:
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b) A fine ranging from VND 120,000,000 to VND 150,000,000
shall be imposed for failure to have any work or measure for waste collection
and treatment in accordance with environmental protection requirements as
prescribed;
c) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for failure to obtain the decision on approval for EIAR
appraisal result as prescribed.
2. If an investment project or business establishment which
is required to prepare an EIAR subject to approval by the Ministry of Natural
Resources and Environment or approval by the Ministry of National Defense or
Ministry of Public Security and satisfies the environmental criteria equivalent
to those applicable to the investment project or business establishment subject
to approval by the Ministry of Natural Resources and Environment commits
offences against regulations environmental protection during its construction
or operation, except for the cases specified in Article 14 of this Decree, it
shall incur a penalty as follows:
a) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failing to have any work or measure for minimizing noise
and vibration and control of light and thermal radiation; for building or
installing equipment, pipes or other systems used for discharging untreated
waste into the environment; for failure to operate or regularly operate or
improperly operating waste treatment works as prescribed;
b) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for failure to have any work or measure for waste collection
and treatment in accordance with environmental protection requirements as
prescribed;
c) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for failure to obtain the decision on approval for EIAR
appraisal result as prescribed.
3. Additional penalties:
a) Suspending the construction of work items by the
investment project or business establishment for 03 – 06 months in case of
commission of the offences prescribed in point b clause 1 and point b clause 2
of this Article;
b) Suspending the construction of work items by the
investment project or business establishment without the decision on approval
for EIAR appraisal result for 06 – 12 months in case of commission of the
offences prescribed in point c clause 1 and point c clause 2 of this Article.
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a) Mandatory disgorgement of illegal gain obtained from
performing one of the following acts: building or installing equipment, pipes
or other systems used for discharging untreated waste into the environment;
failing to operate or regularly operating or improperly operating waste
treatment works; failing to have waste treatment works satisfying environmental
protection requirements as prescribed in points a and b clause1; points a and b
clause 2 of this Article;
b) Mandatory relocation of the project or business
establishment for assurance of consistency with the planning, environmental
zoning and environmental carrying capacity approved by a competent authority
for the offences specified in point c clause 1, point c clause 2 of this
Article where the project or business establishment fails to conform to the
planning, environmental zoning and environmental carrying capacity approved as
prescribed.
Article 14. Violations against regulations
on environmental protection for investment projects that have gone through
construction process but have not yet been put into operation or operating
business establishments which have not yet obtained the prescribed
environmental license or environmental registration certificate
1. If an investment project or business establishment
required to carry out environmental registration as prescribed commits offences
against regulations on environmental protection during its construction or operation,
it shall incur a penalty as follows:
a) A fine ranging from VND 500,000 to VND 1,000,000 shall be
imposed upon the investment project or business establishment required to
prepare an EIAR for failure to collect, manage and treat wastewater, dust and
emission; failure to control noise, vibration, light and thermal radiation as
prescribed;
b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed upon the investment project or business establishment not required
to prepare an EIAR for failure to carry out environmental registration as
prescribed;
c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed upon the investment project or business establishment required to
prepare an EIAR subject to approval by the provincial People’s Committee or
approval by the Ministry of National Defense or Ministry of Public Security for
the investment project satisfying the environmental criteria equivalent to
those applicable to the investment project subject to approval by the
provincial People’s Committee for failure to collect, manage and treat
wastewater, dust and emission; failure to control noise, vibration, light and
thermal radiation as prescribed;
d) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to carry out environmental registration for the
investment project or business establishment required to prepare an EIAR
subject to approval by the provincial People’s Committee or approval by the
Ministry of National Defense or Ministry of Public Security for the investment
project satisfying the environmental criteria equivalent to those applicable to
the investment project subject to approval by the provincial People’s
Committee;
dd) A fine ranging from VND 15,000,000 to VND 20,000,000
shall be imposed upon for failure to collect, manage and treat waste as
prescribed, except for offences against regulations on normal solid waste and
hazardous waste for the investment project or business establishment required
to prepare an EIAR subject to approval by the Ministry of Natural Resources and
Environment or approval by the Ministry of National Defense or Ministry of
Public Security for the investment project satisfying the environmental
criteria equivalent to those applicable to the investment project subject to approval
by the Ministry of Natural Resources and Environment;
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2. If an investment project or business establishment which
is required to obtain the prescribed environmental license under the licensing
authority of the district-level People’s Committee or under the licensing
authority of the Ministry of National Defense or Ministry of Public Security
and satisfies the environmental criteria equivalent to those applicable to the
investment project or business establishment subject to approval by the
district-level People’s Committee commits offences against regulations
environmental protection during its construction or official operation, it
shall incur a penalty as follows:
a) A fine ranging from VND 20,000,000 to VND 25,000,000 shall
be imposed for failure to check waste treatment works/equipment to identify the
cause for environmental pollution or failure to renovate or upgrade waste
treatment works in accordance with regulations in case of reporting incorrect
data on actual pollution or in case of committing an offence against
regulations on discharge of wastewater, dust or emission in excess of the
permissible limits specified in the environmental technical regulations;
failure to remediate environmental pollution caused by its
activities;
b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall
be imposed for failure to have any work or measure for minimizing noise and
vibration as prescribed;
c) A fine ranging from VND 30,000,000 to VND 35,000,000 shall
be imposed for failure to obtain the environmental license as prescribed;
d) A fine ranging from VND 35,000,000 to VND 40,000,000 shall
be imposed for building or installing equipment, pipes or other systems used
for discharging untreated waste into the environment; for failure to operate or
regularly operate or improperly operating waste treatment works;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failure to have any waste treat work satisfying prescribed
environmental protection requirements; for building or installing equipment,
pipes or other systems used for discharging untreated waste into the
environment.
3. If an investment project or business establishment which
is required to obtain the prescribed environmental license under the licensing
authority of the provincial People’s Committee or under the licensing authority
of the Ministry of National Defense or Ministry of Public Security and
satisfies the environmental criteria equivalent to those applicable to the
investment project or business establishment subject to approval by the
provincial People’s Committee commits offences against regulations
environmental protection during its construction or official operation, it
shall incur a penalty as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to check waste treatment works/equipment to identify the
cause for environmental pollution or failure to renovate or upgrade waste
treatment works in accordance with regulations in case of reporting incorrect
data on actual pollution or in case of committing an offence against
regulations on discharge of wastewater, dust or emission in excess of the
permissible limits specified in the environmental technical regulations;
failure to remediate environmental pollution caused by its
activities;
b) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for failure to have any work or measure for minimizing noise
and vibration as prescribed;
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d) A fine ranging from VND 170,000,000 to VND 200,000,000
shall be imposed for failure to operate or regularly operate or improperly operating
waste treatment works;
dd) A fine ranging from VND 400,000,000 to VND 500,000,000
shall be imposed for failure to have any waste treat work satisfying prescribed
environmental protection requirements; for building or installing equipment,
pipes or other systems used for discharging untreated waste into the
environment.
4. If an investment project or business establishment which
is required to obtain the prescribed environmental license under the licensing
authority of the Ministry of Natural Resources and Environment or under the
licensing authority of the Ministry of National Defense or Ministry of Public
Security and satisfies the environmental criteria equivalent to those
applicable to the investment project or business establishment subject to approval
by the Ministry of Natural Resources and Environment commits offences against
regulations environmental protection during its construction or official
operation, it shall incur a penalty as follows:
a) A fine ranging from VND 40,000,000 to VND 50,000,000 shall
be imposed for failure to check waste treatment works/equipment to identify the
cause for environmental pollution or failure to renovate or upgrade waste
treatment works in accordance with regulations in case of reporting incorrect
data on actual pollution or in case of committing an offence against
regulations on discharge of wastewater, dust or emission in excess of the
permissible limits specified in the environmental technical regulations; failure
to remediate environmental pollution caused by its activities;
b) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to have any work or measure for minimizing noise
and vibration as prescribed;
c) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for failure to obtain the environmental license as prescribed;
d) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for failure to operate or regularly operate or improperly
operating waste treatment works;
dd) A fine ranging from VND 800,000,000 to VND 1,000,000,000
shall be imposed for failure to have any waste treat work satisfying prescribed
environmental protection requirements; for building or installing equipment,
pipes or other systems used for discharging untreated waste into the
environment.
5. Additional penalties:
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b) Suspending the operation of the business establishment for
01 - 03 months in case of commission of the offences specified in points dd and
e clause 1 and point dd clause 2 of this Article;
c) Suspending the operation of the business establishment for
03 - 06 months in case of commission of the offences specified in point dd
clause 3 of this Article;
d) Suspending the operation of the business establishment for
06 - 12 months in case of commission of the offences specified in point dd
clause 4 of this Article.
6. Remedial measures:
a) Mandatory application of prescribed remedial measures
against environmental pollution in accordance with regulations and submission
of the reports on result of completed remediation of consequences of offences
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the offences prescribed in points a, c
and dd clause 1, point a clause 2, point a clause 3 and point a clause 4 of
this Article;
b) Mandatory disgorgement of illegal gain obtained from
performing one of the acts specified in points d and dd clause 2; points d and
dd clause 3 and points d and dd clause 4 of this Article;
c) Mandatory demolition of the works or equipment built or
installed against regulations on environmental protection for discharge of
untreated waste to the environment in case of commission of the offences
specified in point dd clause 2, point dd clause 3 and point dd clause 4 of this
Article;
d) Mandatory relocation of the investment project or business
establishment for assurance of consistency with the planning, environmental
zoning and environmental carrying capacity approved by a competent authority
for the offences involving the failure to have the issued environmental license
specified in point c clause 2, point c clause 3 and point c clause 4 of this
Article where the project or business establishment fails to conform to the
planning, environmental zoning and environmental carrying capacity approved as
prescribed.
Article 15. Offences against regulations
on environmental protection committed at business establishments, dedicated
areas for production, business and service provision, industrial clusters,
craft villages
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2. A fine ranging from VND 1,500,000 to VND 2,000,000 shall
be imposed upon a household/individual business establishment generating
wastewater or emission for failure to have any work or equipment for in-situ
wastewater or emission treatment satisfying environmental protection
requirements.
3. Penalties for offences against regulations on
environmental protection during commercial operation of infrastructure of an
industrial cluster are as follows:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for failure to assign personnel to take charge of the environmental
protection as prescribed;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for failure to promulgate regulations on environmental protection of
the industrial cluster in conformity with required environmental protection
requirements; failure to request a competent authority to take actions upon
discovery of an offence against environmental protection committed by an
organization or individual; failure to cooperate with a competent authority in
environmental protection and inspection of environmental protection by
investment projects and business establishments located in the industrial
cluster;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for failure to maintain an adequate ratio of green space as
prescribed; failure to install an independent electric meter at the centralized
wastewater treatment plant; failure to have a manhole for sedimentation or
separate oil scum in rainwater before discharge into a receiving body; keeping
a centralized wastewater treatment system operation logbook which
insufficiently records one of the following pieces of information: flow (input,
output), typical parameters of input and output wastewater (if any); amount of
electricity used; type and amount of chemicals used, sewage sludge generated;
failure to archive a centralized wastewater treatment system operation logbook
as prescribed;
d) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for failure to have a logbook which records operation of the
centralized wastewater treatment system;
dd) A fine ranging from VND 60,000,000 to VND 100,000,000
shall be imposed for completing the construction or installation of the
operating industrial cluster's rainwater collection and drainage system in
accordance with environmental protection requirements; failure to dredge,
maintain or care the wastewater or rainwater collection and drainage system as
prescribed; failure to have a rainwater collection and drainage system in each
investment phase of the operating industrial cluster as prescribed; failure to
have a rainwater collection and drainage system separated from the wastewater
collection and drainage system as prescribed; accepting a new project or
increasing capacity of the investment project that generates wastewater in the
industrial cluster without a centralized wastewater collection, drainage and
treatment system as prescribed;
e) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to completely collect or connect wastewater to
establishments in the industrial cluster to the centralized wastewater
collection, drainage and treatment system as prescribed (except for exemption
from connection of treated wastewater permitted to be discharged into the
environment outside the scope of the industrial cluster); building a
wastewater drainage system failing to satisfy environmental protection
requirements as prescribed;
g) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for constructing or installing a centralized wastewater
treatment system against regulations or against environmental protection
requirements as prescribed; failure to complete the construction or
installation of the operating industrial cluster's wastewater collection,
drainage and treatment system as prescribed; failure to operate or properly
operate the operating industrial cluster's centralized wastewater treatment
system as prescribed;
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4. Penalties for offences against regulations on
environmental protection during commercial operation of infrastructure of a
dedicated area for production, business and service provision are as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for failure to assign personnel to take charge of environmental
protection as prescribed; failure to promulgate regulations on environmental
protection of the dedicated area for production, business and service provision
in conformity with required environmental protection requirements; failure to
cooperate with a competent authority in organizing environmental protection
activities or inspecting environmental protection by investment projects and
business establishments at the dedicated area for production, business and
service provision as prescribed;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for failure to request a competent authority to take actions upon
discovery of an offence against environmental protection committed by an
organization or individual; failure to maintain an adequate ratio of green
space as prescribed; failure to provide separate spaces for different types of business and
services as prescribed; failure to have a manhole for sedimentation or separate
oil scum in rainwater before discharge into a receiving body; keeping a
centralized wastewater treatment system operation logbook which insufficiently
records one of the following pieces of information: flow (input, output),
typical parameters of input and output wastewater (if any); amount of
electricity used; type and amount of chemicals used, sewage sludge generated;
failure to archive a centralized wastewater treatment system operation logbook
as prescribed;
c) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for failure to have a logbook which records operation of the
centralized wastewater treatment system;
d) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for failure to install an independent electric meter at the
centralized wastewater treatment plant of the dedicated area for production,
business and service provision;
dd) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to collect or connect or completely connect
rainwater of business establishments in the dedicated area for production,
business and service provision to the rainwater collection and drainage system
as prescribed; failure to have a rainwater collection and drainage system in
each investment phase of the operating dedicated area for production, business
and service provision as prescribed; failure to dredge, maintain or care the wastewater or
rainwater collection and drainage system as prescribed; failure to have a
treated wastewater collection and drainage system that satisfies the prescribed
requirements; failure to the discharge of wastewater by business
establishments into the rainwater drainage system of the dedicated area for
production, business and service provision;
e) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to have a rainwater collection and drainage system
in each investment phase of the operating dedicated area for production,
business and service provision as prescribed; failure to have a rainwater
collection and drainage system separated from the wastewater collection and
drainage system as prescribed; failure to have a treated wastewater collection
and drainage system that satisfies the prescribed requirements; failure to
collect or connect or completely connect wastewater of business establishments
in the dedicated area for production, business and service provision to the wastewater
treatment and collection system as prescribed;
g) A fine ranging from VND 150,000,000 to VND 180,000,000
shall be imposed for accepting a new project not included in the list of
industries and business lines in which investment is encouraged as prescribed;
accepting a new project or increasing capacity of the operating project that
generates wastewater in the dedicated area for production, business and service
provision without having environmental protection infrastructure or having
environmental protection infrastructure that fails to satisfy regulations or is
not suitable for the wastewater receipt and treatment capacity of the
centralized wastewater treatment system as prescribed;
h) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for building or installing a centralized wastewater treatment
system that fails to satisfy regulations or environmental protection
requirements as prescribed;
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5. Penalties for offences against regulations on
environmental protection committed by investors in business establishments
operating in a dedicated area for production, business and service provision or
industrial cluster are as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for failure to assign personnel to take charge of environmental
protection if required as prescribed; failure to implement or correctly
implement regulations on environmental protection of the investor in
construction and commercial operation of the dedicated area for production,
business and service provision or industrial cluster, except for the cases
specified in points c and d of this clause;
b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall
be imposed for failure to have an environmental management system as
prescribed;
c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall
be imposed for failure to preliminarily treat generated wastewater under the
terms and conditions specified in the agreement with the investor in
construction and commercial operation of the dedicated area for production,
business and service provision or industrial cluster and environmental license of the
dedicated area for production, business
and service provision or industrial cluster before being connected to the
collection system for further treatment by the centralized treatment system as
prescribed;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to connect wastewater to the centralized wastewater
treatment, drainage and collection as prescribed of the investor in
construction and commercial operation of the dedicated area for production,
business and service provision or industrial cluster and environmental license
of the dedicated area for production, business and service provision or
industrial cluster, except for the business establishment that has a wastewater
treatment measure/work satisfying environmental technical regulations and has
been exempted from connection to the centralized wastewater treatment system of
the dedicated area for production, business and service provision or industrial
cluster;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed upon a business establishment discharging treated wastewater
into the rainwater collection and drainage system for failure to stop
discharging wastewater, adjust, connect or discharge treated wastewater into
the wastewater collection and drainage as prescribed;
e) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for illegally discharge wastewater into the rainwater drainage
system of the dedicated area for production, business and service provision,
industrial cluster or craft village.
6. A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for deliberately constructing or installing pipes or
discharging point used for discharging wastewater into the environment without
visible signs or in a location where the inspection, control or supervision is
not permitted as prescribed; diluting treated wastewater/emission before its
discharge into the environment with the aim of satisfying the technical
regulation on waste; failure to relocate the business establishment to maintain
safe environmental distance from residential areas according to the roadmap
prescribed by the competent authority; failure to restrict, suspend or adjust
working hours of a manufacturing establishment with high dust emission rates
and emission discharge rates involved in a type of production that is likely to
cause environmental pollution under the competent authority’s directions for
implementing emergency measures as prescribed by law in case the air is
seriously polluted.
7. Remedial measures:
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b) Mandatory disgorgement of illegal gain obtained from the
acts of building or installing equipment, pipes or other systems used for
discharging untreated waste into the environment; failing to build or install
environmental protection works in case of commission of the offences specified
in point h clause 3 and point i clause 4 of this Article;
c) Mandatory demolition of the work or equipment used for
diluting wastewater and mandatory treatment of waste in accordance with the
technical regulation on waste within the period regulated by the person having
the power to impose penalties in the decision to impose penalties for the
administrative offences prescribed in clause 6 of this Article.
Article 16. Offences against regulations
on environmental monitoring and surveillance
1. Penalties for offences against regulations on automatic
and continuous monitoring of wastewater, dust and industrial emission are as
follows:
a) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for installing a system for automatic and continuous monitoring of
wastewater, dust or industrial emission after the prescribed deadline;
b) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for using automatic and continuous monitoring equipment
failing to satisfying technical requirements for systems for automatic and
continuous monitoring of wastewater, dust and industrial emission as
prescribed; failure to operate, improperly or insufficiently operating
procedures in accordance with requirements for system management and operation
regarding automatic and continuous wastewater monitoring systems or automatic
and continuous dust and industrial emission monitoring systems; failure to
install CCTV cameras for surveillance of the systems for automatic and
continuous monitoring of wastewater, dust and industrial emission as
prescribed; failure to fit an automatic wastewater sampling equipment to the
automatic and continuous wastewater monitoring system; failure to store
wastewater, dust and industrial emission monitoring data as prescribed or
failure to connect and transmit monitoring data to competent authorities as
prescribed;
c) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to completely set one of the parameters of the
continuous and automatic wastewater or dust and industrial emission monitoring
systems as regulated or as requested by competent authorities; failure to
ensure the confidentiality and integrity of automatic and continuous monitoring
data; interfere in automatic and continuous monitoring results before
transmitting data to the receiving agency according to regulations;
d) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for failure to have an automatic and continuous wastewater
monitoring system or an automatic and continuous dust and industrial emission
monitoring system or as requested by competent authorities; failure to deal
with breakdown of the automatic and continuous monitoring systems at the
request of competent authorities;
dd) For acts of failing to inspect and calibrate wastewater
or dust and emission monitoring systems as prescribed, penalties prescribed in
the law on penalties for administrative violations arising from metrological
activities shall be imposed.
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a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for incorrectly or insufficiently complying with the requirements
for periodic monitoring of wastewater, dust and industrial emission (in terms
of monitoring parameters, locations and frequency) set out in the environmental
license;
b) A fine ranging from VND 40,000,000 to VND 50,000,000 shall
be imposed for failure to comply with the requirements for periodic monitoring
of wastewater, dust and industrial emission if required as prescribed.
3. Penalties for other offences against regulations on
periodic monitoring of wastewater, dust and industrial emission and
environmental monitoring and surveillance in any of the cases: subject to
approval for EIAR appraisal result or under environmental licensing authority
of the provincial People's Committee; subject to approval for EIAR appraisal
result or under the environmental licensing authority of the Ministry of
National Defense or Ministry of Public Security while equivalent subjects are
under the licensing authority of the provincial People's Committee are as
follows:
a) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for incorrectly or insufficiently complying with other requirements
for periodic monitoring of wastewater, dust and industrial emission and
environmental monitoring and surveillance (in terms of monitoring parameters,
locations and frequency) set out in the decision on approval for EIAR appraisal
result or the environmental license;
b) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to comply with other requirements for periodic
monitoring of wastewater, dust and industrial emission and environmental monitoring
and surveillance if required as prescribed.
4. Penalties for other offences against regulations on
periodic monitoring of wastewater, dust and industrial emission and
environmental monitoring and surveillance in any of the cases: subject to
approval for EIAR appraisal result or under environmental licensing authority
of the Ministry of Natural Resources and Environment or subject to approval for
EIAR appraisal result or under the environmental licensing authority of the
Ministry of National Defense or Ministry of Public Security while equivalent
subjects are under the licensing authority of the Ministry of Natural Resources
and Environment are as follows:
a) A fine ranging from VND 80,000,000 to VND 100,000,000 shall
be imposed for incorrectly or insufficiently complying with other requirements
for periodic monitoring of wastewater, dust and industrial emission and
environmental monitoring and surveillance (in terms of monitoring parameters,
locations and frequency) set out in the decision on approval for EIAR appraisal
result or the environmental license;
b) A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed for failure to comply with requirements for periodic
monitoring of wastewater, dust and industrial emission and environmental
monitoring and surveillance if required as prescribed.
5. Penalties for automatic and continuous monitoring of water
and ambient air quality and use of automatic monitoring results for provision
and disclosure of information to community are as follows:
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b) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for using automatic and continuous monitoring equipment failing to
satisfy technical requirements, failure to satisfy requirements for
installation locations and personnel for management and operation of water and
ambient air quality monitoring stations as prescribed for monitoring and
disclosure of information about environmental quality to the community;
c) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for insufficiently complying with requirements for management
and operation of automatic and continuous water and ambient air quality
monitoring stations as prescribed and use of automatic monitoring results for
provision and disclosure of information to community;
d) A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed for maintaining the disclosure of information about
environmental quality obtained from automatic and continuous monitoring
equipment while, in reality, such equipment is not available or fails to
operate at the monitoring points.
6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for failure to make a work platform available to ensure safety at
the locations or outlet holes of sampling of wastewater, dust and emission as
prescribed;
7. A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed for cooperating with a provider having no certificate of
eligibility to provide environmental monitoring services within the scope of
the certificate to carry out environmental monitoring and surveillance.
8. Remedial measures:
Mandatory disgorgement of illegal gain from failure to
execute the waste monitoring program during operation of the investment project
as prescribed in clauses 2, 3 and 4 of this Article.
Article 17. Offences against regulations
on environmental monitoring services
1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall
be imposed for changing personnel, equipment or location of a business
establishment without notifying a competent authority in writing as prescribed.
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3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed for any of the following offences:
a) Failure to ensure a sufficient number of personnel (number
of full-time officials responsible for field monitoring, number of full-time
officials responsible for environmental analysis, laboratory manager, person
responsible for quality assurance and control) for environmental monitoring of
the parameters covered by the certificate of eligibility to provide
environmental monitoring services;
b) Providing a monitoring result report that fails to contain
ordinal numbers, symbols or sufficient information as prescribed.
4. A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for any of the following offences:
a) Performing activities not covered by the certificate of
eligibility to provide environmental monitoring services; providing results of
monitoring or testing of the parameters not covered by the certificate of
eligibility to provide environmental monitoring services as prescribed;
carrying out monitoring or testing using the methods not covered by the
certificate of eligibility to provide environmental monitoring services as
prescribed (except for the parameters not specified in legislative documents on
environment);
b) Failure to provide sufficient equipment for field
monitoring or environmental analysis which was previously provided on the date
of issue of the certificate of eligibility to provide environmental monitoring
services;
c) Implementing monitoring techniques against regulations on
environmental monitoring techniques or requirements for requirements for
accredited monitoring methods; failure to correctly and sufficiently implement
regulations on environmental monitoring procedures and methods regulated by the
Ministry of Natural Resources and Environment;
d) Failure to sufficiently store raw monitoring data for the
entire monitoring services provided in the last 03 years or from the date on
which the certificate is issued for the providers operating for less than 3
years.
5. A fine ranging from VND 120,000,000 to VND 150,000,000
shall be imposed for providing environmental monitoring services without the
certificate of eligibility to provide environmental monitoring services.
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7. Additional penalties:
a) Suspending the certificate of eligibility to provide environmental
monitoring services for 03 - 06 months in case of commission of the offences
specified in point a clause 3 and point c clause 4 of this Article;
b) Suspending the certificate of eligibility to provide
environmental monitoring services for 06 - 12 months in case of commission of
the offences specified in points a, b and d clause 4 of this Article.
8. Remedial measures:
Mandatory disgorgement of illegal gain from the
administrative offences specified in point a clause 4 and clause 5 of this Article.
Article 18. Offences against regulations
on discharge of wastewater containing conventional environmental parameters
into environment
1. A warning shall be issued if the total wastewater
discharge rate is under 1.1 times higher than permissible limit prescribed in
technical regulation on waste (in excess of the permissible limit prescribed in
technical regulation by less than 10%).
2. The following penalties shall be imposed if the total
wastewater discharge rate is 1.1 to under 1.5 times or is under 1.1 times
higher than permissible limit prescribed in technical regulation on waste if
the offence is repeated or committed multiple times:
a) A fine ranging from VND 300,000 to VND 500,000 shall be
imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
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c) A fine ranging from VND 2,000,000 to VND 5,000,000 shall
be imposed for discharging wastewater at a rate of 10 m3/day (24
hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for discharging wastewater at a rate of 20 m3/day (24
hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 20,000,000 to VND 40,000,000 shall
be imposed for discharging wastewater at a rate of 60 m3/day (24
hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 40,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 80 m3/day (24
hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for discharging wastewater at a rate of 100 m3/day (24
hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 60,000,000 to VND 70,000,000 shall
be imposed for discharging wastewater at a rate of 200 m3/day (24
hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 70,000,000 to VND 80,000,000 shall
be imposed for discharging wastewater at a rate of 400 m3/day (24
hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 80,000,000 to VND 90,000,000 shall
be imposed for discharging wastewater at a rate of 600 m3/day (24
hours) to less than 800 m3/day (24 hours);
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n) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 150,000,000 to VND 170,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 170,000,000 to VND 190,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 190,000,000 to VND 210,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 210,000,000 to VND 230,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
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x) A fine ranging from VND 250,000,000 to VND 270,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 270,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
3. The following penalties shall be imposed if the total
wastewater discharge rate is 1.5 to under 03 times higher than permissible
limit prescribed in technical regulation on waste:
a) A fine ranging from VND 1,000,000 to VND 5,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 5,000,000 to VND 20,000,000 shall
be imposed for discharging wastewater at a rate of 05 m3/day (24
hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging wastewater at a rate of 10 m3/day (24
hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 20 m3/day (24
hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
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h) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day (24
hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
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s) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours);
4. The following penalties shall be imposed if the total
wastewater discharge rate is 03 to under 05 times higher than permissible limit
prescribed in technical regulation on waste:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
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c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 10 m3/day (24
hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
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n) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
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x) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
5. The following penalties shall be imposed if the total
wastewater discharge rate is 05 to under 05 times higher than permissible limit
prescribed in technical regulation on waste:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 05 m3/day (24
hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
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h) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
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s) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
6. The following penalties shall be imposed if the total
wastewater discharge rate is at least 10 times higher than permissible limit
prescribed in technical regulation on waste:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
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c) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
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n) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
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x) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 850,000,000 to VND 950,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
7. Fines shall be 10% more than the selected highest fine for
offences prescribed in this Article if each environmental parameter is 1.1 to
under 1.5 times higher
than the permissible limit prescribed in the technical regulation; 20% more than the selected highest fine for offences
prescribed in this Article if each environmental parameter is 1.5 to under 03
times higher than the permissible limit prescribed in the technical regulation;
30% more than the selected highest fine for offences prescribed in this Article
if each environmental parameter is 03 to under 05 times higher than the
permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences
prescribed in this Article if each environmental parameter is 05 to under 05 times
higher than the permissible limit prescribed in the technical regulation or the
pH value exceeds the permissible limit prescribed in the technical regulation;
50% more than the selected highest fine for offences prescribed in this Article
if each environmental parameter is at least 10 times higher than the permissible limit prescribed in the
technical regulation. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
8. Additional penalties:
a) Suspending operation of the business establishment's
source of waste causing environmental pollution for 03 - 06 months in case of
commission of the offences specified in points i, k, l, m, n, o, p, q, r, s, t
and u clause 4, points h, i, k, l, m, n, o, p, q, r, s and t clause 5 and points g, h, i, k, l,
m, n, o, p, q, r and s clause 5 of this Article;
b) Suspending the environmental license of the environmental
license holder for 06 - 12 months in case of commission of the offences
specified in points uu, v, x and y clause 4, points u, uu, v, x and y clause 5
and points t, u, uu, v, x and y clause 6 of this Article;
c) Suspending the environmental license of the establishment
other than that specified in point b of this clause for 06 - 12 months in case
of commission of the offences specified in points uu, v, x and y clause 4,
points u, uu, v, x and y clause 5 and points t, u, uu, v, x and y clause 6 of
this Article.
9. Remedial measures:
a) Mandatory application of remedial measures against
environmental pollution in accordance with regulations and mandatory submission
of reports on result of completed remediation of consequences of offences
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the offences prescribed in this Article;
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Article 19. Penalties for discharging
wastewater with hazardous environmental parameters into environment or
discharging wastewater with pH values exceeding permissible limits prescribed
in technical regulation on waste:
1. A warning shall be issued if the total amount of
wastewater discharged is under 1.1 times higher than permissible limit
prescribed in technical regulation on waste (in excess of the permissible limit
prescribed in technical regulation by less than 10%).
2. The following penalties shall be imposed if the total
wastewater discharge rate is 1.1 to under 1.5 times or is under 1.1 times
higher than permissible limit prescribed in technical regulation on waste if
the offence is repeated or committed multiple times:
a) A fine ranging from VND 1,000,000 to VND 5,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for discharging wastewater at a rate of 05 m3/day (24
hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for discharging wastewater at a rate of 10 m3/day (24
hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging wastewater at a rate of 20 m3/day (24
hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 30,000,000 to VND 40,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 40,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 60 m3/day (24
hours) to less than 80 m3/day (24 hours);
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h) A fine ranging from VND 60,000,000 to VND 70,000,000 shall
be imposed for discharging wastewater at a rate of 100 m3/day (24
hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging wastewater at a rate of 200 m3/day (24
hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 150,000,000 to VND 170,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 170,000,000 to VND 190,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 190,000,000 to VND 210,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 210,000,000 to VND 230,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
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s) A fine ranging from VND 250,000,000 to VND 270,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 270,000,000 to VND 290,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 290,000,000 to VND 310,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 310,000,000 to VND 330,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 330,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 350,000,000 to VND 370,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 370,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
3. The following penalties shall be imposed if the total
wastewater discharge rate is 1.5 to under 02 times higher than permissible
limit prescribed in technical regulation on waste:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
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c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 10 m3/day (24
hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
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n) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
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x) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
4. The following penalties shall be imposed if the total
wastewater discharge rate is 02 to under 03 times higher than permissible limit
prescribed in technical regulation on waste:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 05 m3/day (24
hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
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h) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
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s) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 700,000,000 to VND 750,000,000 shall
be imposed for discharging wastewater at a rate of 4,500 m3/day (24
hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day
(24 hours).
5. The following penalties shall be imposed if the total
wastewater discharge rate is 03 to under 05 times higher than permissible limit
prescribed in technical regulation on waste:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
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c) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
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n) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
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x) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 850,000,000 to VND 950,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
6. The following penalties shall be imposed if the total
wastewater discharge rate is at least 05 times higher than permissible limit
prescribed in technical regulation on waste, except for environmental crimes:
a) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 05 m3/day
(24 hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
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h) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 300 m3 or
more/day (24 hours), except for environmental crimes.
7. Penalties for discharging wastewater with the pH value of
4 to under the permissible lower limit prescribed in the technical regulation or
from the permissible upper limit prescribed in the technical regulation to
under 10.5:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging wastewater at a rate of 05 m3/day (24
hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
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g) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
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r) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
8. Penalties for discharging wastewater in excess of the
permissible limit prescribed in the technical regulation on waste with the pH
value of 02 to under 04 or of 10.5 to under 12.5:
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b) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of 05 m3/day
(24 hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
e) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 60 m3/day
(24 hours) to less than 80 m3/day (24 hours);
g) A fine ranging from VND 140,000,000 to VND 150,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
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m) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
q) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 1,600 m3/day
(24 hours) to less than 1,800 m3/day (24 hours);
r) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
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v) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 850,000,000 to VND 950,000,000
shall be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
9. Penalties for discharging wastewater in excess of the
permissible limit prescribed in the technical regulation on waste with the pH
value of 0 to under 2 or of 12.5 to 14, except for environmental crimes:
a) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for discharging wastewater at a rate of less than 05 m3/day
(24 hours);
b) A fine ranging from VND 100,000,000 to VND 110,000,000
shall be imposed for discharging wastewater at a rate of 05 m3/day
(24 hours) to less than 10 m3/day (24 hours);
c) A fine ranging from VND 110,000,000 to VND 120,000,000
shall be imposed for discharging wastewater at a rate of 10 m3/day
(24 hours) to less than 20 m3/day (24 hours);
d) A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for discharging wastewater at a rate of 20 m3/day
(24 hours) to less than 40 m3/day (24 hours);
dd) A fine ranging from VND 130,000,000 to VND 140,000,000
shall be imposed for discharging wastewater at a rate of 40 m3/day
(24 hours) to less than 60 m3/day (24 hours);
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g) A fine ranging from VND 150,000,000 to VND 160,000,000
shall be imposed for discharging wastewater at a rate of 80 m3/day
(24 hours) to less than 100 m3/day (24 hours);
h) A fine ranging from VND 160,000,000 to VND 180,000,000
shall be imposed for discharging wastewater at a rate of 100 m3/day
(24 hours) to less than 200 m3/day (24 hours);
i) A fine ranging from VND 180,000,000 to VND 200,000,000
shall be imposed for discharging wastewater at a rate of 200 m3/day
(24 hours) to less than 400 m3/day (24 hours);
k) A fine ranging from VND 200,000,000 to VND 220,000,000
shall be imposed for discharging wastewater at a rate of 400 m3/day
(24 hours) to less than 600 m3/day (24 hours);
l) A fine ranging from VND 220,000,000 to VND 250,000,000
shall be imposed for discharging wastewater at a rate of 600 m3/day
(24 hours) to less than 800 m3/day (24 hours);
m) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging wastewater at a rate of 800 m3/day
(24 hours) to less than 1,000 m3/day (24 hours);
n) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging wastewater at a rate of 1,000 m3/day
(24 hours) to less than 1,200 m3/day (24 hours);
o) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging wastewater at a rate of 1,200 m3/day
(24 hours) to less than 1,400 m3/day (24 hours);
p) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging wastewater at a rate of 1,400 m3/day
(24 hours) to less than 1,600 m3/day (24 hours);
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r) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging wastewater at a rate of 1,800 m3/day
(24 hours) to less than 2,000 m3/day (24 hours);
s) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging wastewater at a rate of 2,000 m3/day
(24 hours) to less than 2,500 m3/day (24 hours);
t) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging wastewater at a rate of 2,500 m3/day
(24 hours) to less than 3,000 m3/day (24 hours);
u) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging wastewater at a rate of 3,000 m3/day
(24 hours) to less than 3,500 m3/day (24 hours);
uu) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging wastewater at a rate of 3,500 m3/day
(24 hours) to less than 4,000 m3/day (24 hours);
v) A fine ranging from VND 750,000,000 to VND 850,000,000
shall be imposed for discharging wastewater at a rate of 4,000 m3/day
(24 hours) to less than 4,500 m3/day (24 hours);
x) A fine ranging from VND 850,000,000 to VND 950,000,000
shall be imposed for discharging wastewater at a rate of 4,500 m3/day
(24 hours) to less than 5,000 m3/day (24 hours);
y) A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall
be imposed for discharging wastewater at a rate of 5,000 m3 or
more/day (24 hours).
10. A fine ranging from VND 950,000,000 to VND 1,000,000,000
shall be imposed for discharging wastewater containing
radioactive substances causing environmental radioactive contamination in
excess of the permissible limit prescribed in the technical regulation, except
for environmental crimes.
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12. Additional penalties:
a) Suspending operation of the business establishment's
source of waste causing environmental pollution for 03 - 06 months in case of
commission of the offences specified in points h, i, k, l, m, n, o, p, q, r, s
and t clause 4, points g, h, i, k, l, m, n, o, p, q, r and s clause 5 and
points e, g, h, i and k clause 6, points h, i and k clause 7, points g, h, i
and k clause 8 and points e, g, h, i and k clause 9 of this Article;
b) Suspending the environmental license of the environmental
license holder for 06 - 12 months in case of commission of the offences
specified in points u, uu, v, x and y clause 4, points t, u, uu, v, x and y
clause 5 and clause 10 of this Article;
c) Suspending the environmental license of the establishment
other than that specified in point b of this clause for 06 - 12 months in case
of commission
of the offences specified in points u, uu, v, x and y clause 4, points t, u, uu,
v, x and y clause 5 and clause 10 of this Article.
13. Remedial measures:
a) Mandatory application of remedial measures against
environmental pollution in accordance with regulations and mandatory
submission of reports on result of completed remediation of consequences of
offences within the period regulated by the person having the power to impose
penalties in the decision to impose penalties for the offences prescribed in
this Article;
b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for discharge of
waste in excess of the permissible limit specified in the environmental
technical regulation or causing environmental pollution according to current
norms and prices in case of commission of the offences prescribed in this
Article.
Article 20. Offences against regulations
on discharge of dust and emission containing conventional environmental
parameters into environment
1. The following penalties shall be imposed if foul-smelling
substances are discharged into the environment; if the total dust emission rate
or total emission discharge rate is under 1.1 times higher than permissible
limit prescribed in technical regulation on waste (in excess of the permissible
limit prescribed in technical regulation by less than 10%):
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b) A fine ranging from VND 1,000,000 to VND 3,000,000 shall
be imposed for discharging foul-smelling substances into the environment if the
offence is repeated or committed multiple times.
2. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is 1.1 times to under 1.5 times
higher than permissible limit prescribed in technical regulation on waste or is
under 1.1 times higher than permissible limit prescribed in technical
regulation on waste if the offence is repeated or committed multiple times:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of 10,000 m3/hour to
less than 15,000 m3/hour;
dd) A fine ranging from VND 50,000,000 to VND 70,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 20,000 m3/hour to
less than 25,000 m3/hour;
g) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
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i) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
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t) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
t) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
3. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is 1.5 times to under 02 times
higher than permissible limit prescribed in technical regulation on waste:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of 10,000 m3/hour to
less than 15,000 m3/hour;
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e) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
g) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
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q) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
u) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
4. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is 02 times to under 03 times
higher than permissible limit prescribed in technical regulation on waste:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
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c) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 10,000 m3/hour to
less than 15,000 m3/hour;
dd) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
g) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
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n) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
u) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
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5. The following penalties shall be imposed if the total
volume of wastewater discharged is at least 03 times higher than permissible
limit prescribed in technical regulation on waste, except for environmental
crimes:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 10,000 m3/hour
to less than 15,000 m3/hour;
dd) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
g) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
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k) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
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u) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 850,000,000 to VND 900,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 900,000,000 to VND 950,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
6. Fines shall be 10% more than the selected highest fine for
offences prescribed in this Article if each environmental parameter is 1.1 to
under 1.5 times higher than the permissible limit prescribed in the technical
regulation; 20% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is 1.5 to under 02 times higher
than the permissible limit prescribed in the technical regulation; 30% more
than the selected highest fine for offences prescribed in this Article if each
environmental parameter is 02 to under 03 times higher than the permissible
limit prescribed in the technical regulation; 40% more than the selected
highest fine for offences prescribed in this Article if each environmental
parameter is at least 03 times higher than the permissible limit prescribed in
the technical regulation. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
7. Additional penalties:
a) Suspending operation of the business establishment's
source of waste causing environmental pollution for 03 - 06 months in case of
commission of the offences specified in points i, k, l, m, n, o, p, q, r and s
clause 2, points h, i, k, l, m, n, o, p, q and r clause 3, and points g, h, i,
k, l, m, n, o, p and q clause 4 and points e, g, h, i, k, l, m, n, o and p
clause 5 of this Article;
b) Suspending the environmental license of the environmental
license holder for 06 - 12 months in case of commission of the offences specified in points t, u,
uu and v clause 2, points s, t, u, uu and v clause 3, points r, s, t, u, uu and
v clause 4 and points q, r, s, t, u, uu and v clause 5 of this Article;
c) Suspending the environmental license of the establishment
other than that specified in point b of this clause for 06 - 12 months in case
of commission of the offences specified in points t, u, uu and v clause 2,
points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and
points q, r, s, t, u, uu and v clause 5 of this Article.
8. Remedial measures:
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b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for discharge of
waste in excess of the permissible limit specified in the environmental
technical regulation or causing environmental pollution according to current
norms and prices in case of commission of the offences prescribed in this
Article.
Article 21. Offences against regulations
on discharge of dust and emission containing hazardous environmental parameters
into environment
1. A warning shall be issued if chemicals or organic solvent vapors are discharged in
the production zone or residential zone causing a typical smell of such
chemicals or organic solvent vapors; if the total dust emission rate or total emission
discharge rate is under 1.1 times higher than permissible limit prescribed in
technical regulation on waste (in excess of the permissible limit prescribed in
technical regulation by less than 10%).
2. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is 1.1 times to under 1.5 times
higher than permissible limit prescribed in technical regulation on waste or is
under 1.1 times higher than permissible limit prescribed in technical
regulation on waste if the offence is repeated or committed multiple times:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of 10,000 m3/hour to
less than 15,000 m3/hour;
dd) A fine ranging from VND 70,000,000 to VND 90,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
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g) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 450,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
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r) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
u) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
3. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is 1.5 times to under 02 times
higher than permissible limit prescribed in technical regulation on waste:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
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d) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 10,000 m3/hour to
less than 15,000 m3/hour;
dd) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
g) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
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o) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
u) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 850,000,000 to VND 900,000,000
shall be imposed for discharging emission at a rate of 100,000 m3/hour.
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a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 5,000 m3/hour to
less than 10,000 m3/hour;
d) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 10,000 m3/hour
to less than 15,000 m3/hour;
dd) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
g) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 25,000 m3/hour
to less than 30,000 m3/hour;
h) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
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l) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
r) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 75,000 m3/hour
to less than 80,000 m3/hour;
s) A fine ranging from VND 700,000,000 to VND 750,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
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uu) A fine ranging from VND 850,000,000 to VND 900,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 900,000,000 to VND 950,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
5. The following penalties shall be imposed if the total dust
emission rate or total emission discharge rate is at least 03 times higher than
permissible limit prescribed in technical regulation on waste, except for
environmental crimes:
a) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 70,000,000 to VND 90,000,000 shall
be imposed for discharging emission at a rate of 500 m3/hour to less
than 5,000 m3/hour;
c) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed for discharging emission at a rate of 5,000 m3/hour
to less than 10,000 m3/hour;
d) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed for discharging emission at a rate of 10,000 m3/hour
to less than 15,000 m3/hour;
dd) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for discharging emission at a rate of 15,000 m3/hour
to less than 20,000 m3/hour;
e) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for discharging emission at a rate of 20,000 m3/hour
to less than 25,000 m3/hour;
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h) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for discharging emission at a rate of 30,000 m3/hour
to less than 35,000 m3/hour;
i) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for discharging emission at a rate of 35,000 m3/hour
to less than 40,000 m3/hour;
k) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for discharging emission at a rate of 40,000 m3/hour
to less than 45,000 m3/hour;
l) A fine ranging from VND 400,000,000 to VND 450,000,000
shall be imposed for discharging emission at a rate of 45,000 m3/hour
to less than 50,000 m3/hour;
m) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for discharging emission at a rate of 50,000 m3/hour
to less than 55,000 m3/hour;
n) A fine ranging from VND 500,000,000 to VND 550,000,000
shall be imposed for discharging emission at a rate of 55,000 m3/hour
to less than 60,000 m3/hour;
o) A fine ranging from VND 550,000,000 to VND 600,000,000
shall be imposed for discharging emission at a rate of 60,000 m3/hour
to less than 65,000 m3/hour;
p) A fine ranging from VND 600,000,000 to VND 650,000,000
shall be imposed for discharging emission at a rate of 65,000 m3/hour
to less than 70,000 m3/hour;
q) A fine ranging from VND 650,000,000 to VND 700,000,000
shall be imposed for discharging emission at a rate of 70,000 m3/hour
to less than 75,000 m3/hour;
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s) A fine ranging from VND 750,000,000 to VND 800,000,000
shall be imposed for discharging emission at a rate of 80,000 m3/hour
to less than 85,000 m3/hour;
t) A fine ranging from VND 800,000,000 to VND 850,000,000
shall be imposed for discharging emission at a rate of 85,000 m3/hour
to less than 90,000 m3/hour;
u) A fine ranging from VND 850,000,000 to VND 900,000,000
shall be imposed for discharging emission at a rate of 90,000 m3/hour
to less than 95,000 m3/hour;
uu) A fine ranging from VND 900,000,000 to VND 950,000,000
shall be imposed for discharging emission at a rate of 95,000 m3/hour
to less than 100,000 m3/hour;
v) A fine ranging from VND 950,000,000 to VND 1,000,000,000
shall be imposed for discharging emission at a rate of 100,000 m3 or
more/hour.
6. A fine ranging from VND 950,000,000 to VND 1,000,000,000
shall be imposed for discharging dust or emission containing radioactive
substances causing environmental radioactive contamination in excess of the
permissible limit prescribed in the technical regulation, except for
environmental crimes.
7. Fines shall be 10% more than the selected highest fine for
offences prescribed in this Article if each environmental parameter is 1.1 to
under 1.5 times higher than the permissible limit prescribed in the technical
regulation; 20% more than the selected highest fine for offences prescribed in
this Article if each environmental parameter is 1.5 to under 02 times higher
than the permissible limit prescribed in the technical regulation; 30% more
than the selected highest fine for offences prescribed in this Article if each
environmental parameter is 02 to under 03 times higher than the permissible
limit prescribed in the technical regulation; 40% more than the selected
highest fine for offences prescribed in this Article if each environmental
parameter is at least 03 times higher than the permissible limit prescribed in
the technical regulation. Total fine imposed for each act of offence must not
exceed VND 1,000,000,000.
8. Additional penalties:
a) Suspending operation of the business establishment's
source of waste causing environmental pollution for 03 - 06 months in case of
commission of the offences specified in points h, i, k, l, m, n, o, p, q and r
clause 2, points g, h, i, k, l, m, n, o, p and q clause 3, and points e, g, h,
i, k, l, m, n, o and p clause 4 and points dd, e, g, h, i, k, l, m, n and o
clause 5 of this Article;
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c) Suspending the environmental license of the establishment
other than that specified in point b of this clause for 06 - 12 months in case
of commission of the offences specified in points s, t, u, uu and v clause 2,
points r, s, t, u, uu and v clause 3, points q, r, s, t, u, uu and v clause 4
and points p, q, r, s, t, u, uu and v clauses 5 and 6 of this Article.
9. Remedial measures:
a) Mandatory application of remedial measures against environmental
pollution in accordance with regulations and mandatory submission of reports on
result of completed remediation of consequences of offences within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in this Article;
b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for discharge of
waste in excess of the permissible limit specified in the environmental
technical regulation or causing environmental pollution according to current
norms and prices in case of commission of the offences prescribed in this
Article.
Article 22. Offences against regulations
on noise
1. A warning shall be issued if the noise is less than 02 dBA
higher than the permissible exposure level of noise prescribed in the technical
regulation on noise.
2. A fine ranging from VND 1,000,000 to VND 5,000,000 shall
be imposed if the noise is 02 dBA to under 05 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
3. A fine ranging from VND 5,000,000 to VND 20,000,000 shall
be imposed if the noise is 05 dBA to under 10 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall
be imposed if the noise is 10 dBA to under 15 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
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6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed if the noise is 20 dBA to under 25 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
7. A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed if the noise is 25 dBA to under 30 dBA higher than the
permissible exposure level of noise prescribed in the technical regulation on
noise.
8. A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed if the noise is 30 dBA to under 35 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
9. A fine ranging from VND 120,000,000 to VND 140,000,000
shall be imposed if the noise is 35 dBA to under 40 dBA higher than the
permissible exposure level of noise prescribed in the technical regulation on
noise.
10. A fine ranging from VND 140,000,000 to VND 160,000,000
shall be imposed if the noise is at least 40 dBA higher than the permissible
exposure level of noise prescribed in the technical regulation on noise.
11. Additional penalties:
a) Suspending the business establishment’s activities causing
noise pollution for 03 - 06 months in case of commission of the offences
specified in clauses 4, 5, 6 and 7 of this Article;
b) Suspending the business establishment’s operation for 06 -
12 months in case of commission of the offences specified in clauses 8, 9 and
10 of this Article.
12. Remedial measures:
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b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for generating
noise in excess of the permissible exposure level of noise prescribed in the
environmental technical regulation or causing noise pollution according to
current norms and prices in case of commission of the offences prescribed in
this Article.
Article 23. Offences against regulations
on vibration
1. Penalties for offences against regulations on construction
vibration are as follows:
a) A warning shall be issued if the vibration is less than 02
dB higher than the permissible level prescribed in the technical regulation on
vibration;
b) A fine ranging from VND 1,000,000 to VND 5,000,000 shall
be imposed if the vibration is 02 dB to under 05 dB higher than the permissible
level prescribed in the technical regulation on vibration;
c) A fine ranging from VND 5,000,000 to VND 20,000,000 shall
be imposed if the vibration is 05 dB to under 10 dB higher than the permissible
level prescribed in the technical regulation on vibration;
d) A fine ranging from VND 20,000,000 to VND 40,000,000 shall
be imposed if the vibration is 10 dB to under 15 dB higher than the permissible
level prescribed in the technical regulation on vibration;
dd) A fine ranging from VND 40,000,000 to VND 60,000,000
shall be imposed if the vibration is 15 dB to under 20 dB higher than the
permissible level prescribed in the technical regulation on vibration;
e) A fine ranging from VND 60,000,000 to VND 80,000,000 shall
be imposed if the noise is 20 dB to under 25 dB higher than the permissible
level prescribed in the technical regulation on vibration;
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h) A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed if the noise is 30 dB to under 35 dB higher than the
permissible level prescribed in the technical regulation on vibration;
i) A fine ranging from VND 120,000,000 to VND 140,000,000 shall
be imposed if the noise is 35 dB to under 40 dB higher than the permissible
level prescribed in the technical regulation on vibration;
k) A fine ranging from VND 140,000,000 to VND 160,000,000
shall be imposed if the noise is at least 40 dB higher than the permissible
level prescribed in the technical regulation on vibration.
2. Penalties for offences against regulations on vibration during production, commercial activities
and service provision are as follows:
a) A warning shall be issued if the vibration is less than 02
dB higher than the permissible level prescribed in the technical regulation on
vibration;
b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed if the vibration is 02 dB to under 05 dB higher than the permissible
level prescribed in the technical regulation on vibration;
c) A fine ranging from VND 5,000,000 to VND 30,000,000 shall
be imposed if the vibration is 05 dB to under 10 dB higher than the permissible
level prescribed in the technical regulation on vibration;
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed if the vibration is 10 dB to under 15 dB higher than the permissible
level prescribed in the technical regulation on vibration;
dd) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed if the vibration is 15 dB to under 20 dB higher than the permissible
level prescribed in the technical regulation on vibration;
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g) A fine ranging from VND 90,000,000 to VND 110,000,000
shall be imposed if the noise is 25 dB to under 30 dB higher than the
permissible level prescribed in the technical regulation on vibration;
h) A fine ranging from VND 110,000,000 to VND 130,000,000
shall be imposed if the noise is 30 dB to under 35 dB higher than the
permissible level prescribed in the technical regulation on vibration;
i) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed if the noise is 35 dB to under 40 dB higher than the
permissible level prescribed in the technical regulation on vibration;
k) A fine ranging from VND 150,000,000 to VND 170,000,000
shall be imposed if the noise is at least 40 dB higher than the permissible
level prescribed in the technical regulation on vibration.
3. Additional penalties:
a) Suspending the business establishment’s vibration-causing
activities for 03- 06 months in case of commission of the offences specified in
points d, dd, e and g clause 1 and points d, dd, e and g clause 2 of this
Article;
b) Suspending the business establishment’s activities for 06
- 12 months in case of commission of the offences specified in points h, i and
k clause 1 and points h, i and k clause 2 of this Article.
4. Remedial measures:
a) Mandatory application of measures to reduce vibration in
accordance with technical regulations within the period regulated by the person
having the power to impose penalties in the decision to impose penalties for
the administrative offences prescribed in this Article;
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Article 24. Acts of causing soil, water
and/or air pollution; causing long-lasting environmental pollution
1. A fine ranging from VND 40,000,000 to VND 50,000,000
imposed for leakage or discharge of toxic chemicals into soil or water in
contravention of the regulations on environmental protection.
2. Penalties for discharging pathogenic sources into the
environment shall be imposed under regulations of law on imposition of
penalties for administrative offences in medical sector.
3. Penalties for acts of causing soil or water pollution
(including either groundwater or surface water inside or outside a business
establishment) or the air pollution at a level in excess of the permissible
limit prescribed in the technical regulation on soil, water or ambient air:
a) A fine ranging from VND 50,000,000 to VND 80,000,000 shall
be imposed if the content of soil, water or air pollutant (environmental
parameter) is under 03 times (if it is a hazardous environmental parameter) or
under 05 times (if it is a conventional environmental parameter) higher than
the permissible limit prescribed in relevant technical regulation;
b) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed if the content of soil, water or air pollutant (environmental
parameter) is 03 times to under 05 times (if it is a hazardous environmental
parameter) or 05 times to under 10 times (if it is a conventional environmental
parameter) higher than the permissible limit prescribed in relevant technical
regulation;
c) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed if the content of soil, water or air pollutant (environmental
parameter) is at least 05 times (if it is a hazardous environmental parameter)
or at least 10 times (if it is a conventional environmental parameter) higher
than the permissible limit prescribed in relevant technical regulation.
4. Fines shall be 20% to 30% more than the fine for the
offences prescribed in Articles 18, 19, 20 and 21; clause 4 Article 25, point d
clause 5 and clause 8 Article 26; point a clause 6, clause 7, point b clause 8
Article 29; clause 7, point b clause 8 Article 30; clause 7, point b clause 8
Article 31; clauses 4 and 5 Article 36 or the offences committed in the
ecological restoration sub-zones or strictly protected zones of sanctuaries in
which the content of soil, water or air pollutant is under 03 times (if it is a
hazardous environmental parameter) or less than 05 times (if it is a
conventional environmental parameter) higher
than the permissible limit prescribed in
technical regulation soil, water or ambient air. Total fine imposed for each
act of offence must not exceed VND 1,000,000,000.
5. Fines shall be 30% to 40% more than the fine for the
offences prescribed in Articles 18, 19, 20 and 21; clause 4 Article 25, point d
clause 5 and clause 8 Article 26; point a clause 6, clause 7, point b clause 8
Article 29; clause 7, point b clause 8 Article 30; clause 7, point b clause 8
Article 31; clauses 4 and 5 Article 36 or the offences committed in the
ecological restoration sub-zones or strictly protected zones of sanctuaries in
which the content of soil, water or air pollutant is 03 times to under 05 times
(if it is a hazardous environmental parameter) or 05 times to under 10 times
(if it is a conventional environmental parameter) higher than the permissible
limit prescribed in technical regulation soil, water or ambient air. Total fine
imposed for each act of offence must not exceed VND 1,000,000,000.
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7. A fine ranging from VND 130,000,000 to VND 150,000,000
imposed for causing environmental pollution in cases where an offence is
committed multiple times or for repeating any of the following offences for
which an administrative penalty has been imposed while the consequences of the
offence fails to be rectified within time limit for rectification:
a) The total wastewater discharge rate is at least 03 times
(in case of a conventional environmental parameter) or at least 02 times (in
case of a hazardous environmental parameter) higher than permissible limit
prescribed in technical regulation on waste;
b) The total wastewater discharge rate is at least 02 times
(in case of a conventional environmental parameter) or at least 1.5 times (in
case of a hazardous environmental parameter) higher than permissible limit
prescribed in technical regulation on waste;
c) Noise generated is at least 10 dBA or vibration generated
is at least 20 dBA higher than the permissible level prescribed in the
technical regulation on vibration.
8. Additional penalties:
a) Suspending the environmental license of the environmental
license holder for 03 - 06 months in case of commission of the offences
specified in point a clause 3 and clause 4 of this Article;
b) Suspending the environmental license of the establishment
other than that specified in point a of this clause for 03 - 06 months in case
of commission of the offences specified in point a clause 3 and clause 4 of
this Article;
c) Suspending the environmental license of the environmental
license holder for 06 - 09 months in case of commission of the offences
specified in points b and c clause 3, clause 5 and clause 7 of this Article;
d) Suspending the environmental license of the establishment
other than that specified in point c of this clause for 06 - 09 months in case
of commission of the offences specified in points b and c clause 3, clause 5
and clause 7 of this Article;
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a) Mandatory restoration to original state of environment or
mandatory environmental remediation in accordance with regulations, mandatory
application of remedial measures against environmental pollution within the
period regulated by the person having the power to impose penalties in the
decision to impose penalties for the offences prescribed in this Article;
b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for discharge of
waste in excess of the permissible limit specified in the environmental
technical regulation or causing environmental pollution according to current
norms and prices in case of commission of the offences prescribed in this
Article.
Article 25. Offences against regulations
on environmental protection in public areas, urban areas and residential areas;
transport of raw materials, materials and goods causing environmental pollution
1. A warning shall be imposed for failure to post regulations
on environmental hygiene in public areas.
2. Penalties for collecting or discharging waste in
contravention of regulations on environmental protection are as follows:
a) A fine ranging from VND 100,000 to VND 150,000 shall be
imposed for throwing, littering or discarding cigarette butts, leftovers and
ashes at undesignated locations in apartment buildings, commercial, service or
public areas;
b) A fine ranging from VND 150,000 to VND 250,000 shall be
imposed for addressing personal sanitation needs (e.g.
urination, defecation) at undesignated locations in apartment buildings,
commercial, service or public areas;
c) A fine ranging from VND 500,000 to VND 1,000,000 shall be
imposed for throwing or littering waste or pouring wastewater at undesignated
locations in apartment buildings, commercial, service or public areas, except
for the offence mentioned in point d of this clause;
d) A fine ranging from VND 1,000,000 to VND 2,000,000 shall
be imposed for throwing or littering domestic waste on sidewalks, pavements or
municipal sewerage systems or surface water drainage systems; for pouring
wastewater at undesignated locations on road sidewalks or pavements;
discharging domestic plastic waste into ponds, lakes, channels, rivers, streams
or sea.
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4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for failure to use specialized equipment or means of transport to
ensure that raw materials or materials cannot leak into the environment during
the transportation.
5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for any of the following offences against regulations on management
of parks, recreational areas, festivals, tourism areas, markets, train
stations, bus stations, wharves, ports, ferries and other public areas:
a) Failure to have sufficient public conveniences, facilities
and equipment for collecting waste in order to meet demand on keeping
environmental hygiene as regulated;
b) Failure to collect waste within the scope of management as
prescribed;
c) Failure to assign personnel to collect waste or clean the
environment in places under their management; failure to have personnel or
teams in charge of environmental protection for supervision and inspection
purposes;
6. A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed upon an investor in construction of an urban area or high
density residential area for any of the following offences against
environmental protection:
a) Failure to separate rainwater drainage network from
wastewater drainage network; failure to have public conveniences satisfying
environmental protection requirements;
b) Failure to have a synchronous system for collecting and
treating wastewater in accordance with the approved planning;
c) Failure to make equipment, facilities or locations
available for classifying at source, collecting or storing domestic waste in
conformity with the quantity and type of waste generated from households or
individuals in the high density residential area;
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7. Remedial measures:
a) Mandatory restoration to original condition; in case of
causing environmental pollution, mandatory application of remedial measures
against environmental pollution caused by the administrative offences specified
in points c and d clause 2, clause 3 and clause 4 of this Article;
b) Mandatory construction or installation of an environmental
protection work within the period regulated by the person having the power to
impose penalties in the decision to impose penalties for the administrative
offences prescribed in points a, b and c clause 6 of this Article;
c) Mandatory application of remedial measures against
environmental pollution in accordance with regulations and mandatory submission
of reports on result of completed remediation of consequences of offences
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the offences prescribed in clauses 5
and 6 of this Article.
Article 26. Offences against regulations
on classification, collection, transport, burial, dumping, burning and
treatment of normal solid waste
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be
imposed upon a household or individual that fails to classify domestic solid
waste in accordance with regulations; fails to use packaging that contains domestic
solid waste as prescribed.
2. Penalties for offences committed by an authority,
organization or owner of a business establishment that generates normal
industrial solid waste are as follows:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed for failure to make a record on transfer of normal industrial solid
waste subject to mandatory treatment for each transfer as prescribed;
b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall
be imposed for failure to classify normal industrial solid waste at source as
prescribed; having equipment or instrument for containing normal industrial solid
waste which fails to satisfy technical requirements for environment protection
as prescribed; have a warehouse or area for storage of normal industrial solid
waste which fails to satisfy technical
requirements for environment protection as prescribed; failure to sign a
contract with a unit licensed to collect, transport or treat normal industrial
solid waste as prescribed;
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d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for self-recycling, treating, co-processing or recovering energy
from normal industrial solid waste without satisfying environmental protection
requirements as prescribed.
3. Penalties for offences committed by an authority,
organization, business establishment or investor in construction and commercial
operation of a dedicated area for production, business and service provision or
industrial cluster that generates at least 300 kg of domestic solid waste per
day, except for the cases specified in clauses 1 and 2 of this Article are as
follows:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for failure to sign a contract with the unit licensed to collect,
transport, re-use, recycle or treat waste as prescribed;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for using means of transport used for carrying domestic solid waste
that fails to satisfy technical requirements for environmental protection as
prescribed.
4. Penalties for offences against regulations on collection
or transport of normal industrial solid waste are as follows:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed for failure to make a record on transfer of normal industrial solid
waste for each transfer or a series of transfer regarding a group of normal
industrial solid waste as prescribed;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for failure to sign a contract for collection and transport of group
of normal industrial solid waste subject to mandatory treatment with the waste
generator as prescribed;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to use means of transport, equipment for storage,
transfer stations or area for temporary storage of normal industrial solid
waste in accordance with technical requirements for environmental protection
requirements as prescribed; failure to transport normal industrial solid waste
after classification as prescribed; having means of transport used for carrying
normal industrial solid waste which fails to be equipped with a tracking device
as prescribed; collecting or transporting normal industrial solid waste without
following the route or timing regulations prescribed by the provincial People’s
Committee.
5. Penalties for offences against regulations on collection,
transport or treatment of domestic solid waste are as follows:
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b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall
be imposed for failure to transport solid domestic waste to the prescribed
aggregation point, transfer station or location or treatment facility as
prescribed; transporting solid domestic waste without following the routes or
timing regulations prescribed by the provincial People’s Committee; failure to
cooperate with the communal People's Committee, residential community or
representative of residential community in determining time, location,
frequency and route for domestic solid waste collection; failure to notify the
provincial specialized environmental protection authority of date of closure of
domestic solid waste landfill for supervision as prescribed; failure to notify
the authority approving EIAR appraisal result of the actual condition of the
domestic solid waste landfill as prescribed within 6 months from the date of
closure of the domestic solid waste landfill as prescribed;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall
be imposed for failure to provide adequate personnel, specialized vehicles and
equipment for collecting and transporting all domestic solid waste at
designated places; using means of transport used for carrying domestic solid
waste that is not equipped with a tracking device or fails to provide transport
information or data to the local competent authority;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for using vehicles and equipment that fails to satisfy technical
requirements for environmental protection as prescribed; dropping domestic
solid waste, causing dust, odor or water leakage adversely affecting the
environment during the collection and transport; failure to clean or deodorize
means of transport used for carrying domestic solid waste before leaving the
transfer station or treatment facility and after completing the collection and
transportation of domestic solid waste;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for failure to provide equipment or vehicles for collection
and transport used for carrying domestic solid waste as prescribed; failure to
provide vehicles or equipment for collection and storage of leachate at
transfer stations as prescribed; upon a domestic solid waste transfer station
that fails to satisfy one of the technical requirements for environmental
protection as prescribed; upon a domestic solid waste aggregation point that
fails to have any waste storage equipment as prescribed or fails to carry out
cleaning or deodorization or have lights as prescribed;
e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for failure to have any safety sign/instruction at the domestic solid waste
landfill after its closure; failure to compile dossiers and transfer premises
to the competent authority after finishing pollution remediation and
environmental improvement of the domestic solid waste landfill as prescribed;
failure to re-make the topographical map of the domestic solid waste landfill
as prescribed;
g) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for failure to improve landscape, take measures to prevent
pollution immediately after closure of the domestic solid waste landfill;
failure to carry out monitoring or monitor environmental changes at the
domestic solid waste landfill from the date on which the landfill closure is done
and notify the provincial specialized environmental protection authority as
prescribed;
6. Penalties for offences committed by an investment project
owner, owner, urban area management board, apartment building or office
building are as follows:
a) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for failure provide any equipment, vehicle or space for
classifying at source, collecting an storing domestic waste as prescribed;
b) A fine ranging from VND 250,000,000 to VND 300,000,000 shall
be imposed for failure to collect waste from households and individuals as
prescribed; failure to create an appropriate domestic solid waste aggregation
point within the investment project as prescribed.
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a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall
be imposed for failure to submit a periodic or ad hoc report on current
generation and treatment of normal industrial solid waste at the competent
authority’s request; failure to make a record on transfer of normal industrial
solid waste subject to mandatory treatment for each transfer; failure to
prepare a logbook recording operation of treatment system, vehicle and
equipment, including preliminary processing, re-use, recycling, co-processing
of and recovery of energy from normal industrial solid waste as prescribed;
failure to make a log of quantity of products recycled or recovered from normal
industrial solid waste as prescribed;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for failure to have any vehicle, equipment or tool for storage of
normal industrial solid waste that satisfies technical requirements as
prescribed;
c) A fine ranging from VND 100,000,000 to VND 120,000,000
shall be imposed for treating normal industrial solid waste at an unauthorized
location, in excess of the permissible capacity or in a manner that is not
suitable for the installed waste treatment system and equipment; having an
indoor or outdoor normal industrial solid waste warehouse or storage area that
fails to satisfy technical requirements for environmental protection as
prescribed;
d) A fine ranging from VND 130,000,000 to VND 150,000,000
shall be imposed for failure to have a normal industrial solid waste warehouse
as prescribed.
8. Penalties for transferring, giving or selling normal solid
waste to units which have no functions or capabilities of waste treatment as
regulated; burying, dumping, discharging and burning of normal solid waste in
contravention of regulations on environmental protection, except for
environmental crimes; receiving normal solid waste but failing to implement any
treatment method or failing to transfer it to units having the functions of
waste treatment as regulated are as follows:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning less than 1,000 kg of normal solid waste;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 1,000 kg to less than 2,000 kg of normal solid waste;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 2,000 kg to less than 3,000 kg of normal solid waste;
d) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 3,000 kg to less than 4,000 kg of normal solid waste;
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e) A fine ranging from VND 25,000,000 to VND 30,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 5,000 kg to less than 10,000 kg of normal solid waste;
g) A fine ranging from VND 30,000,000 to VND 35,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 10,000 kg to less than 20,000 kg of normal solid waste;
h) A fine ranging from VND 35,000,000 to VND 40,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 20,000 kg to less than 30,000 kg of normal solid waste;
i) A fine ranging from VND 40,000,000 to VND 50,000,000 shall
be imposed for transferring, giving, selling, receiving, burying, dumping,
discharging or burning 30,000 kg to less than 40,000 kg of normal solid waste;
k) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for transferring, giving, selling, receiving, burying,
dumping, discharging or burning 40,000 kg to less than 60,000 kg of normal
solid waste;
l) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for transferring, giving, selling, receiving, burying,
dumping, discharging or burning 60,000 kg to less than 80,000 kg of normal
solid waste, except for environmental crimes;
m) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for transferring, giving, selling, receiving, burying,
dumping, discharging or burning 80,000 kg to less than 100,000 kg of normal
solid waste, except for environmental crimes;
n) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for transferring, giving, selling, receiving, burying,
dumping, discharging or burning at least 100,000 kg of normal solid waste.
9. Fines shall be 40% to 50% more than the corresponding fine
for the offences prescribed in clause 8 of this Article if such offences result
in environmental pollution or the normal solid waste containing hazardous
environmental parameters in excess of the permissible limits prescribed
technical regulations on surrounding environment. Total fine imposed for each
act of offence must not exceed VND 1,000,000,000.
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11. If an authority, organization, business establishment,
investor in construction and commercial operation of a dedicated area for
production, business and service provision or industrial cluster generates less
than 300 kg of domestic solid waste per day and chooses the household- or
individual-based domestic solid waste management method, penalties for the
offences imposed as prescribed in clause 1 of this Article are the same as
those imposed on an organization.
12. Additional penalties:
a) Suspending operation of the domestic solid waste treatment
facility for 01 - 03 months in case of commission of the offences specified in
point c clause 7, points l, m and n clause 8 and clause 9 of this Article;
b) Suspending operation of the domestic solid waste treatment
facility for 03 - 06 months in case of commission of the offences specified in
clause 10 of this Article;
c) Confiscating instruments of the administrative offences
prescribed in case of commission of the offences specified in points e, g, h,
i, k, l, m and n clause 8, clause 9 and clause 10 of this Article.
13. Remedial measures:
a) Mandatory restoration to original state of environment or
mandatory transfer of normal solid waste to the units having treatment
functions in case of commission of the offences specified in clause 8 of this
Article;
b) Mandatory payment of costs of solicitation of assessment,
inspection, measurement and analysis of environmental samples for discharge of
waste in excess of the permissible limit specified in the environmental
technical regulation or causing environmental pollution according to current
norms and prices in case of commission of the offences prescribed in clauses 9
and 10 of this Article;
c) Mandatory application of remedial measures against
environmental pollution in accordance with regulations and mandatory submission
of reports on result of completed remediation of consequences of offences
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the offences prescribed in clauses 8, 9
and 10 of this Article.
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1. Penalties for introducing waste into Vietnam’s territory
against the law are as follows:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall
be imposed for introducing less than 1,000 kg of normal solid waste into
Vietnam’s territory;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall
be imposed for introducing 1,000 kg to less than 2,000 kg of normal solid waste
into Vietnam’s territory;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 shall
be imposed for introducing 2,000 kg to less than 3,000 kg of normal solid waste
into Vietnam’s territory;
d) A fine ranging from VND 15,000,000 to VND 20,000,000 shall
be imposed for introducing 3,000 kg to less than 4,000 kg of normal solid waste
into Vietnam’s territory;
dd) A fine ranging from VND 20,000,000 to VND 25,000,000
shall be imposed for introducing 4,000 kg to less than 5,000 kg of normal solid
waste into Vietnam’s territory;
e) A fine ranging from VND 25,000,000 to VND 30,000,000 shall
be imposed for introducing 5,000 kg to less than 10,000 kg of normal solid waste
into Vietnam’s territory;
g) A fine ranging from VND 30,000,000 to VND 35,000,000 shall
be imposed for introducing 10,000 kg to less than 20,000 kg of normal solid
waste into Vietnam’s territory;
h) A fine ranging from VND 35,000,000 to VND 40,000,000 shall
be imposed for introducing 20,000 kg to less than 30,000 kg of normal solid
waste into Vietnam’s territory;
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k) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for introducing 40,000 kg to less than 60,000 kg of normal
solid waste into Vietnam’s territory;
l) A fine ranging from VND 100,000,000 to VND 15,000,000 shall
be imposed for introducing 60,000 kg to less than 70,000 kg of normal solid
waste into Vietnam’s territory.
2. Penalties for introducing hazardous waste into Vietnam’s
territory against the law are as follows:
a) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for introducing into Vietnam less than 50 kg of hazardous
waste that contains extremely hazardous constituents beyond the limits
prescribed by law or contains persistent organic pollutants (POPs) in Annex A
to the Stockholm Convention on POPs or less than 100 kg of other hazardous
waste;
b) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for introducing into Vietnam 50 kg to less than 125 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 100 kg to less than 250 kg of other hazardous waste;
c) A fine ranging from VND 200,000,000 to VND 250,000,000
shall be imposed for introducing into Vietnam 125 kg to less than 250 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 250 kg to less than 500 kg of other hazardous waste;
d) A fine ranging from VND 250,000,000 to VND 300,000,000
shall be imposed for introducing into Vietnam 250 kg to less than 400 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 500 kg to less than 1,000 kg of other hazardous waste;
dd) A fine ranging from VND 300,000,000 to VND 350,000,000
shall be imposed for introducing into Vietnam 400 kg to less than 650 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 1,000 kg to less than 1,500 kg of other hazardous waste;
e) A fine ranging from VND 350,000,000 to VND 400,000,000
shall be imposed for introducing into Vietnam 650 kg to less than 800 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 1,500 kg to less than 2,000 kg of other hazardous waste;
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h) A fine ranging from VND 450,000,000 to VND 500,000,000
shall be imposed for introducing into Vietnam 900 kg to less than 1,000 kg of
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs or 2,500 kg to less than 3,000 kg of other hazardous waste.
3. Remedial measures:
Mandatory re-export or mandatory destruction required if the
re-export is impossible in case of commission of the offences specified in this
Article.
Article 28. Offences against regulations
on environmental protection during management of persistent pollutants, raw
materials, fuels, materials, products, goods and equipment containing
persistent pollutants
1. Penalties for the offences against regulations on
environmental protection during management of persistent pollutants, raw materials,
fuels, materials, products, goods and equipment containing persistent
pollutants are as follows:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall
be imposed for failure to send the Ministry of Natural Resources and
Environment a notification of result of assessment of conformity of raw
materials, fuels, materials, products, goods and equipment containing
persistent pollutants after being granted customs clearance and circulated on
the market; failure to send the Ministry of Natural Resources and Environment a
notification of weight and names of POPs (POPs) before import of each shipment
as prescribed;
b) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for failure to label and declare information or incorrectly
labeling or declaring information about raw materials, fuels, materials,
products, goods and equipment containing persistent pollutants as prescribed;
c) A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed
for failure to take measures for collection, storage and safe management of
persistent pollutants, raw materials, fuels, materials, products, goods and
equipment imported, produced and used containing persistent pollutants as prescribed;
d) A fine ranging from VND 300,000,000 to VND 400,000,000
shall be imposed for failure to take measures for collection, storage and safe
management of persistent pollutants, raw materials, fuels, materials, products,
goods and equipment containing persistent pollutants in excess of the
permissible limits as prescribed;
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e) A fine ranging from VND 500,000,000 to VND 1,000,000,000
shall be imposed for importing, producing and using POPs and raw materials,
fuels, materials, products, goods and equipment containing POPs in Annex A to
the Stockholm Convention on POPs whose content exceeds the permissible limits
as prescribed by law; importing, producing and using POPs without registering
specific exemptions as prescribed, except for the case specified in clause 4
Article 35 of this Decree.
2. A fine ranging from VND 500,000,000 to VND 1,000,000,000
shall be imposed for performing one of the following acts: burying, dumping or
discharging into the environment or burning POPs in Annex A to the Stockholm
Convention on POPs against the law.
3. Additional penalties:
Suspending the operation of the business establishment for 03
- 06 months in case of commission of the offences specified in points dd and e
clause 1 and clause 2 of this Article.
4. Remedial measures:
a) Mandatory restoration to original state of environment in
case of commission of the offence specified in clause 2 of this Article;
b) Mandatory re-export or mandatory destruction required if
the re-export is impossible and mandatory submission of reports on result of
completed remediation of consequences of offences in case of commission of the
offences specified in points dd and e clause 1 of this Article;
c) Mandatory application of remedial measures against
environmental pollution in accordance with regulations and mandatory submission
of reports on result of completed remediation of consequences of offences
within the period regulated by the person having the power to impose penalties
in the decision to impose penalties for the offences prescribed in points dd
and e clause 1 and clause 2 of this Article;
d) Mandatory collection, storage and safe management of
persistent pollutants, raw materials, fuels, materials, products, goods and
equipment imported, produced and used containing persistent pollutants in
accordance with regulations and mandatory submission of reports on results of completed
remediation of consequences of offences in case of commission of the offences
specified in points dd and e clause 1 of this Article.
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1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to notify the
competent authority of storage of hazardous waste in more than 01 year from the
date on which it is generated if an appropriate waste treatment facility or a feasible
transport and treatment plan is unavailable.
2. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Failure to retain and manage used hazardous waste manifests, files, documents
and logbooks relating to hazardous waste management as prescribed; failure to
provide adequate hazardous waste manifests to the competent authority for
management and inspection purposes as prescribed; failure to make a transfer
record in case of transferring hazardous medical waste for cluster model-based
treatment as prescribed;
b)
Failure to notify the competent authority in writing if, 06 months after the
hazardous waste transfer date, the two final copies of the hazardous waste
manifest from the transferee fails to be received as prescribed;
c)
Failure to collect and store hazardous waste as prescribed.
3. A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
a)
Failure to sign a contract with the unit having an appropriate environmental
license before transferring hazardous waste for treatment as prescribed;
b)
Transporting hazardous waste generated at a business establishment without a vehicle under registered ownership or with a
vehicle or equipment that fails to satisfy technical requirements as
prescribed;
c)
Failure to transfer hazardous waste to the unit having an appropriate
environmental license for collection and treatment as prescribed in case the
storage thereof is no longer permitted as prescribed or at the competent
authority’s request;
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dd)
Failure to package or preserve hazardous waste in appropriate packaging and
storage equipment satisfying technical requirements as prescribed or using
hazardous waste packaging and storage equipment failing to satisfy technical
requirements as prescribed;
e)
Failure to provide or providing space for storage of hazardous waste in
accordance with technical requirements as prescribed.
4.
Penalties for mixing different types of hazardous waste with each other in case
they differ in nature and/or treatment method or mixing hazardous waste with
other waste are as follows:
a)
Penalties for mixing hazardous waste in the form of single discarded product or
single equipment with normal solid waste: A warning shall be issued if the
offence is committed for the first time and a fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed if the offence is re-committed or committed
multiple times;
b) A fine
ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for storing 02
to less than 05 types of hazardous waste in the form of single discarded
product or single equipment or less than 10% by weight of different types of
hazardous waste in packaging or equipment storing other types or groups of
hazardous waste which differ in nature and/or treatment method or mixing them with
normal solid waste;
c) A fine
ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for storing 05
to less than 10 types of hazardous waste in the form of single discarded
product or single equipment or 10% to less than 50% by weight of different
types of hazardous waste in packaging or equipment storing other types or
groups of hazardous waste which differ in nature and/or treatment method or
mixing them with normal solid waste;
d) A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for storing at
least 10 types of hazardous waste in the form of single discarded product or
single equipment or at least 50% by weight of different types of hazardous
waste in packaging or equipment storing other types or groups of hazardous waste
which differ in nature and/or treatment method or mixing them with normal solid
waste.
5.
Penalties for transferring, giving, selling, purchasing or gifting hazardous
waste to an organization or individual that has no function of waste treatment,
except for special cases prescribed by regulations of law on management of
hazardous waste and environmental crimes are as follows:
a) A fine
ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting less than 100 kg of
hazardous waste;
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c) A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting 600 kg to less than 1,000
kg of hazardous waste;
d) A fine
ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting 1,000 kg to less than
2,000 kg of hazardous waste;
dd) A
fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting 2,000 kg to less than
3,000 kg of hazardous waste;
e) A fine
ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting 3,000 kg to less than
4,000 kg of hazardous waste;
g) A fine
ranging from VND 190,000,000 to VND 220,000,000 shall be imposed for transferring,
giving, selling, purchasing or gifting 4,000 kg to less than 5,000 kg of
hazardous waste;
h) A fine
ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting at least 5,000 kg of hazardous
waste;
i) A fine
ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for
transferring, giving, selling, purchasing or gifting hazardous waste containing
POPs in Annex A to the Stockholm Convention on POPs.
6. A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for any of the
following offences, except for environmental crimes:
a)
Spilling hazardous waste or causing the spill of hazardous waste into the soil,
groundwater or surface water resulting in the environmental pollution;
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c)
Exporting hazardous waste without the written approval given or inconsistently
with the written approval given by a competent authority.
7.
Penalties for burying, dumping, discharging or burning hazardous waste in
contravention of regulations on environmental protection, except for environmental
crimes are as follows:
a) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for burying,
dumping, discharging or burning less than 100 kg of hazardous waste;
b) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying,
dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying,
dumping, discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine
ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying,
dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous
waste;
dd) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
burying, dumping, discharging or burning 1,000 kg to less than 1,500 kg of
hazardous waste, except for burying, dumping or discharging into the
environment hazardous waste that contains extremely hazardous constituents
beyond the limits prescribed by law or contains POPs in Annex A to the
Stockholm Convention on POPs as prescribed;
e) A fine
ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying,
dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
g) A fine
ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying,
dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
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i) A fine
ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at
least 3,000 kg of hazardous waste.
8. Additional penalties:
a)
Suspending the operation of the business establishment for 06 - 12 months in
case of commission of the offences specified in clause 7 of this Article.
b)
Confiscating instruments of the administrative offences prescribed in case of
commission of the offences specified in clause 7 of this Article.
9. Remedial measures:
a)
Mandatory restoration to original state of environment in case of commission of
the offence specified in point a clause 6 and clause 7 of this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection, measurement
and analysis of environmental samples for discharge of waste in excess of the
permissible limit specified in the environmental technical regulation or
causing environmental pollution according to current norms and prices in case
of commission of the offences prescribed in this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in this Article;
d)
Mandatory transfer of waste to the unit having treatment function in case of
commission of the offences specified in clause 5 of this Article.
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1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a) Failure
to notify the authority issuing environmental license in case of hiring public
means of transport for carriage of hazardous waste as prescribed;
b)
Failure to prepare and submit the application for cross-border transport of
hazardous waste to the hazardous waste generator and competent authority as
prescribed;
c)
Failure to retain and send the Ministry of Natural Resources and Environment
documents about cross-border transport of hazardous waste certified by the
foreign treatment facility;
d) Failure
to notify the licensing authority before implementing the plan for collection,
transport and treatment of hazardous medical waste approved by the provincial
People’s Committee when the waste collection area is not prescribed in the
environmental license.
2. A fine
ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
a) Failure to equip the Global Positioning System (GPS) for
means of transport used for carrying hazardous waste or having means of
transport equipped with GPS but failing to maintain it during the transport of
hazardous waste;
b)
Failure to provide accounts for access to GPS on means of transport to the
Ministry of Natural Resources and Environment for supervision and management
purposes as prescribed;
c)
Failure to enter into a contract with the hazardous waste generator before
collecting and transporting hazardous waste as prescribed.
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a) Collecting
or transporting hazardous waste in areas which are not specified in the license
for hazardous waste treatment;
b)
Establishing cooperation in transport of hazardous waste for treatment purpose
between two individuals or two organizations having the environmental license
without obtaining written approval from the authority issuing environmental
license as prescribed;
c)
Incorrectly implementing one of the requirements relating to hazardous waste
treatment specified in the environmental license, except for the cases
mentioned in point a clause 4, clause 5 and clause 6 of this Article;
d) Using
specialized vehicles or equipment for collection, transport, packaging,
preservation and temporary storage of hazardous waste which fail to satisfy
technical requirements as prescribed;
dd)
Providing space for temporary storage of hazardous waste against regulations.
4. A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for any of the
following offences:
a)
Collecting or transporting hazardous waste other than that on the list of
hazardous waste prescribed in the environmental license;
b)
Collecting and transporting hazardous waste in excess of the weight of one of
the hazardous waste groups specified in the environmental license;
c) Using
means of transport used for carrying hazardous waste without obtaining
registration in the environmental license or without entering into a transport
rental agreement as prescribed.
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a) A fine ranging from VND 10,000,000 to VND 40,000,000 shall
be imposed for transferring, giving, selling, purchasing or receiving less than
100 kg of hazardous waste;
b) A fine
ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 100 kg to less than 600
kg of hazardous waste;
c) A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 600 kg to less than
1,000 kg of hazardous waste;
d) A fine
ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 1,000 kg to less than
2,000 kg of hazardous waste;
dd) A
fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 2,000 kg to less than
3,000 kg of hazardous waste;
e) A fine
ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 3,000 kg to less than
4,000 kg of hazardous waste;
g) A fine
ranging from VND 190,000,000 to VND 220,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 4,000 kg to less than
5,000 kg of hazardous waste;
h) A fine
ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for transferring,
giving, selling, purchasing or receiving at least 5,000 kg of hazardous waste.
6. A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
transporting hazardous waste without the environmental license, except for: the
transport of hazardous waste which is generated from daily-life activities or
activities of business and service establishments (excluding production
activities) of a household/ individual size and managed and treated in
accordance with regulations on recall and treatment of discarded products; the
transport of hazardous waste under the plan for collection, transport, storage
and transfer of hazardous waste which is given approval by the provincial
People’s Committee; the transport of hazardous waste from offshore oil and
gas facilities into the land and the cases specified in point c clause 2,
point c clause 3, point c clause 4 Article 14 of this Decree.
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a) A fine ranging from VND 100,000,000 to VND 150,000,000
shall be imposed for burying, dumping, discharging or burning less than 100 kg
of hazardous waste;
b) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying,
dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying,
dumping, discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine
ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying,
dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous
waste;
dd) A
fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for
burying, dumping, discharging or burning 1,000 kg to less than 1,500 kg of
hazardous waste, except for burying, dumping or discharging into the
environment hazardous waste that contains extremely hazardous constituents
beyond the limits prescribed by law or contains POPs in Annex A to the
Stockholm Convention on POPs as prescribed;
e) A fine
ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying,
dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
g) A fine
ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying,
dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous
waste, except for burying, dumping or discharging into the environment hazardous
waste that contains extremely hazardous constituents beyond the limits
prescribed by law or contains POPs in Annex A to the Stockholm Convention on
POPs as prescribed;
h) A fine
ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for burying,
dumping, discharging or burning 2,500 kg to less than 3,000 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the limits
prescribed by law or contains POPs in Annex A to the Stockholm Convention on
POPs as prescribed;
i) A fine
ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at
least 3,000 kg of hazardous waste.
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a) Suspending
the transport of hazardous waste for 03 - 06 months in case of commission of
the offences specified in clauses 3, 4 and 5 of this Article;
b)
Suspending the transport of hazardous waste by the establishment for 06 - 12
months in case of commission of the offences specified in clause 7 of this
Article;
c) Confiscating instruments of the administrative offences
prescribed in case of commission of the offences specified in clauses 6 and 7
of this Article.
9. Remedial measures:
a)
Mandatory restoration to original state of environment in case of commission of
the offence specified in clause 7 of this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in this Article;
d)
Mandatory transfer of waste to the unit having treatment function in case of
commission of the offences specified in clause 5 of this Article.
Article 31. Offences against regulations on environmental
protection relating to hazardous waste treatment and implementation of
environmental licenses including hazardous waste treatment
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a)
Failure to develop the process for safe operation of specialized technology,
vehicles and equipment; failure to make an environmental management plan as
prescribed; failure to assign personnel in charge of environmental protection
as prescribed;
b)
Failure to execute the program for treatment and operation supervision and
evaluation of hazardous waste treatment efficiency in the issued environmental
license including hazardous waste treatment;
c)
Failure to provide annual environmental training as prescribed;
d)
Failure to retain used hazardous waste manifests, reports on hazardous waste
management and other files and documents relating to the hazardous waste
management that are required to be retained as prescribed;
dd)
Failure to declare and use hazardous waste manifests as prescribed; failure to
make online declaration of hazardous waste manifests the competent authorities’
information systems or via email as requested in writing by the competent
authorities;
e) Failure to transfer hazardous waste manifests to the
competent authorities as prescribed;
g)
Failure to retain used hazardous waste manifests, reports on hazardous waste
management and other files and documents relating to the hazardous waste
management that are required to be retained as prescribed;
h)
Failure to publicize or provide information on the type and quantity of
collected and treated hazardous waste and treatment methods; information on the
name and address of the collected and treated hazardous waste generator and
other environmental information that needs to be publicized and provided as
prescribed.
2. A fine
ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
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b)
Failure to make a hazardous waste delivery book, a log book of operation of
hazardous waste treatment systems, vehicles, and equipment; failure to make a
logbook to monitor the quantity, quality and outlets of products recycled or
recovered from hazardous wastes as prescribed;
c)
Implementing the plan for collection, transport and treatment of hazardous
medical waste (cluster model) in contravention of regulations of the provincial
People's Committee;
d) Using
a hazardous waste warehouse that is not specified in the environmental license,
except for the case specified in point c clause 3 of this Article;
dd)
Failure to send a written notification to the hazardous waste generator if such
hazardous waste has to be temporarily stored instead of being treated after 06
months from the date of transfer written on the hazardous waste manifest;
e) Failure
to strictly implement the plan for pollution remediation and environmental
protection upon the termination of operation;
g)
Failure to sign a tripartite contract on cooperation in collection, transport
and treatment of hazardous waste or failure to obtain written consent from the
hazardous waste generator in cases of receiving hazardous waste for treatment
under the cooperation contract.
3. A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for any of the
following offences:
a) Failure to correctly implement the regulations under the
contract for hazardous waste treatment;
b)
Failure to install instruction chart of procedures for safe operation of
systems, vehicles and equipment for treatment of hazardous waste in accordance
with regulations;
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d) Failure
to apply the environmental management system according to TCVN ISO 14001 or ISO
14001 certified in accordance with regulations.
4. A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for any of the
following offences:
a)
Receiving and treating hazardous wastes transported by an individual or
organization that does not have the environmental license without the competent
authority’s approval, except for the hazardous waste which is generated
from daily-life activities or activities of business and service establishments
(excluding production activities) of a household/ individual size and managed
and treated in accordance with regulations on recall and treatment of expired
or discarded products;
b)
Failure to obtain a written approval from the competent authority before
receiving hazardous waste from other hazardous waste treaters;
c)
Failure to correctly implement the regulations laid down in the environmental
license, except for the regulations mentioned in points b, c, d and dd clause 5
of this Article.
5. A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for any of the
following offences:
a) Using
specialized vehicles and equipment for treatment of hazardous waste that are
not prescribed in the environmental license;
b)
Receiving and treating hazardous waste that is not specified in the list of
hazardous waste in the environmental license;
c)
Treating hazardous waste collected in areas which are not specified in the
environmental license;
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dd)
Treating hazardous waste without an environmental license as prescribed, except
for the cases specified at point c clause 2, point c clause 3, point c clause 4
Article 14 of this Decree;
e) Failure to remediate pollution or improve the environment
after the termination of operation as prescribed.
6.
Penalties for transferring, giving or selling hazardous waste to an
organization or individual having no appropriate environmental license or
purchasing or receiving hazardous waste from an organization or individual in case
of having no hazardous waste treatment function as prescribed or transferring
hazardous waste to a third party in case of having a contract for cooperation
in hazardous waste collection, transport and treatment, except for
environmental crimes are as follows:
a) A fine
ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving less than 100 kg of
hazardous waste;
b) A fine
ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for transferring,
giving, selling, purchasing or receiving 100 kg to less than 600 kg of
hazardous waste;
c) A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 600 kg to less than 1,000
kg of hazardous waste;
d) A fine
ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 1,000 kg to less than
2,000 kg of hazardous waste;
dd) A
fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 2,000 kg to less than
3,000 kg of hazardous waste;
e) A fine
ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving 3,000 kg to less than
4,000 kg of hazardous waste;
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h) A fine
ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for
transferring, giving, selling, purchasing or receiving at least 5,000 kg of
hazardous waste.
7.
Penalties for burying, dumping, discharging or burning hazardous waste in
contravention of regulations on environmental protection, except for
environmental crimes are as follows:
a) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for burying,
dumping, discharging or burning less than 100 kg of hazardous waste;
b) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying,
dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c) A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping,
discharging or burning 250 kg to less than 500 kg of hazardous waste;
d) A fine
ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying,
dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous
waste;
dd) A fine
ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for burying,
dumping, discharging or burning 1,000 kg to less than 1,500 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
e) A fine
ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying,
dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
g) A fine
ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying,
dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous
waste, except for burying, dumping or discharging into the environment
hazardous waste that contains extremely hazardous constituents beyond the
limits prescribed by law or contains POPs in Annex A to the Stockholm
Convention on POPs as prescribed;
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i) A fine
ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at
least 3,000 kg of hazardous waste.
8. Additional penalties:
a)
Suspending the treatment of hazardous waste by the establishment for 01 - 03
months in case of commission of the offences specified in clauses 3 and 4 of
this Article;
b)
Suspending the environmental license of the hazardous waste treatment facility
holder for 03 - 06 months in case of commission of the offences specified in
points a, b, c and d clause 5 and clause 6 of this Article;
c)
Suspending the operation of the establishment for 06 - 12 months in case of
commission of the offences specified in point dd clause 5 of this Article;
b)
Suspending the environmental license of the hazardous waste treatment facility
for 06 - 12 months in case of commission of the offences specified in clause 7
of this Article;
dd)
Confiscating instruments of the administrative offences prescribed in case of
commission of the offences specified in clause 7 of this Article.
9. Remedial measures:
a)
Mandatory restoration to original state of environment in case of commission of
the offence specified in clause 7 of this Article;
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c)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
d)
Mandatory transfer of hazardous waste to the unit having treatment function in
case of commission of the offences specified in point dd clause 5 and clause 6
of this Article.
Article 32. Offences against regulations on fulfillment of
responsibility for products and packaging recycling
by manufacturers and importers
1. A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to
disclose information or disclosing insufficient information about products or
packaging which they manufacture or import in accordance with regulations.
2.
Penalties for offences against regulations on registration of recycling plans,
declaration of contributions for recycling support, and reports on recycling
results are as follows:
a) A fine
ranging from VND 150,000,000 to less than VND 250,000,000 shall be imposed for
declaring insufficient or inaccurate contents, targets or data in the
registration of the recycling plan, declaration of contributions for recycling
support or report on recycling result as prescribed if the declaration does not
cause the reduction in the responsibility for recycling or causes an increase
in the recycling volume result;
b) A fine
ranging from VND 250,000,000 to VND 350,000,000,000 shall be imposed for
registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result less than 31 days behind
schedule;
c) A fine
ranging from VND 350,000,000 to VND 450,000,000 shall be imposed for
registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result 31 to less than 91 days
behind schedule;
d) A fine
ranging from VND 450,000,000 to less than VND 550,000,000 shall be imposed for
incorrectly registering the recycling plan, sending the declaration of
contributions for recycling support or reporting the recycling result, reducing
the recycling responsibility by less than 30% or increasing the recycling
volume result by less than 30%;
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e) A fine
ranging from VND 650,000,000 to less than VND 750,000,000 shall be imposed for
incorrectly registering the recycling plan, sending the declaration of
contributions for recycling support or reporting the recycling result, reducing
the recycling responsibility by 30% to less than 70% or increasing the
recycling volume result by 50% to less than 70%;
g) A fine
ranging from VND 750,000,000 to less than VND 1,000,000,000 shall be imposed
for incorrectly registering the recycling plan, sending the declaration of
contributions for recycling support or reporting the recycling result, reducing
the recycling responsibility by at least 70% or increasing the recycling volume
result by at least 70%;
h) A fine
ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure
to register the recycling plan or failure to send the declaration of
contributions for recycling support or failure to report the recycling result
or registering the recycling plan, sending the declaration of contributions for
recycling support or reporting the recycling result at least 91 days behind
schedule.
3. Penalties for offences
against regulations on mandatory recycling rates, mandatory recycling
specifications and payment of contributions for recycling support are as
follows:
a) A fine
ranging from VND 450,000,000 to VND 550,000,000 shall be imposed if the
recycling volume result is 70% to less than 100% of the recycling
responsibility or 70% to less than 100% of the recycling volume result meeting
the mandatory recycling specifications;
b) A fine
ranging from VND 550,000,000 to VND 650,000,000 shall be imposed if the
recycling volume result is 50% to less than 70% of the recycling responsibility
or 50% to less than 70% of the recycling volume result meeting the mandatory
recycling specifications;
c) A fine
ranging from VND 650,000,000 to VND 750,000,000 shall be imposed if the
recycling volume result is 30% to less than 50% of the recycling responsibility
or 30% to less than 50% of the recycling volume result meeting the mandatory
recycling specifications;
d) A fine ranging from VND 750,000,000 to VND 1,000,000,000
shall be imposed if the recycling volume result is less than 30% of the
recycling responsibility or less than 30% of the recycling volume result
meeting the mandatory recycling specifications;
4.
Penalties for paying contributions for recycling support behind the prescribed
schedule are as follows:
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b) A fine
ranging from VND 700,000,000 to VND 900,000,000 shall be imposed for paying
contributions for recycling support less than 31 days behind schedule or
failing to pay contributions for recycling support in full 31 days to less than
91 days behind schedule.
5. A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for failure
to fulfill the recycling responsibility or failure to pay contributions for
recycling support or payment of contributions for recycling support at least 91
days behind schedule or failure to pay contributions for recycling support in
full at least 91 days behind schedule.
6.
Penalties for offences against regulations on self-recycling and signature of
recycling contracts or recycling authorization contracts are as follows:
a) A fine
ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for carrying
out self-recycling or signing a recycling contract with a recycling unit that
fails to satisfy requirements as prescribed or signing a recycling contract
with a manufacturer or an importer that fails to satisfy requirements as
prescribed;
b) A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for signing
a recycling authorization contract with an intermediary organization that fails
to satisfy requirements as prescribed or signing a recycling authorization
contract with a manufacturer or an importer that fails to satisfy requirements
as prescribed.
7. A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for any of
the following offences:
a)
Recycling imported scrap to determine the recycling volume result for the
manufacturer or importer or to apply for recycling support;
b) Using
a recycling volume result to determine the recycling rate for multiple manufacturers
or importers;
c) Using
the recycling volume result that has been used to determine the recycling rate
for the manufacturer or importer to apply for recycling support or the
recycling volume result that has received recycling support to determine the
recycling rate for the manufacturer or importer;
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8. Remedial measures:
a)
Mandatory disclosure of information about products or packaging which they
manufacture or import in case of commission of the offence specified in clause
1 of this Article;
b)
Mandatory registration of the recycling plan, sending of the declaration of
contributions for recycling support and reporting of recycling result in case
of commission of the offences specified in points a, d, dd, e, g and h clause 2
of this Article;
c)
Mandatory payment of contributions for recycling support in proportion to the
unfinished mandatory recycling rate or the contributions for recycling support
in proportion to the recycling rate that does not meet the mandatory recycling
specifications to the Vietnam Environmental Protection Fund (according to the
norm of recycling cost) in case of commission of the offences specified in
clause 3 of this Article; mandatory contribution of the late or underpaid
contributions for recycling support to the Vietnam Environmental Protection
Fund in case of commission of the offences specified in clause 4 of this
Article; mandatory contribution of the contributions for recycling support
in proportion to the mandatory recycling rate and specifications to the Vietnam
Environment Protection Fund (according to the norm of recycling cost) or
the late or underpaid contributions for recycling support to the Vietnam
Environmental Protection Fund in case of commission of the offences specified
in clause 5 of this Article;
d)
Mandatory termination of the recycling contract or recycling authorization
contract and payment of contributions for recycling support in proportion to
the mandatory recycling rate and specifications to the Vietnam Environment
Protection Fund (according to the norm of recycling cost) in case of commission
of the offences specified in clause 6 of this Article.
Article 33. Offences against regulations on fulfillment of responsibility for waste treatment by manufacturers and
importers
1. A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to
disclose information or disclosing insufficient information about products or
packaging which they manufacture or import in accordance with regulations.
2.
Penalties for offences against regulations on declaration of contributions for
waste treatment support are as follows:
a) A fine
ranging from VND 150,000,000 to less than VND 250,000,000 shall be imposed for
declaring insufficient or inaccurate contents, targets or data in the
declaration of contributions for waste treatment support if the declaration
does not cause the reduction in the amount payable;
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c) A fine
ranging from VND 350,000,000 to VND 450,000,000 shall be imposed for sending
the declaration of contributions for waste treatment support 31 days to less
than 91 days behind schedule;
d) A fine
ranging from VND 450,000,000 to less than VND 550,000,000 shall be imposed for
declaring inaccurate information, reducing the amount payable by less than 30%;
dd) A
fine ranging from VND 550,000,000 to less than VND 650,000,000 shall be imposed
for declaring inaccurate information, reducing the amount payable by 30% to
less than 50%;
e) A fine
ranging from VND 650,000,000 to less than VND 750,000,000 shall be imposed for
declaring inaccurate information, reducing the amount payable by 50% to less
than 70%;
g) A fine
ranging from VND 750,000,000 to less than VND 1,000,000,000 shall be imposed
for declaring inaccurate information, reducing the amount payable by at least
70%;
h) A fine
ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure
to send the declaration of contributions for waste treatment support or sending
the declaration of contributions for waste treatment support at least 91 days
behind schedule.
3.
Penalties for paying contributions for waste treatment support behind
prescribed schedule are as follows:
a) A fine
ranging from VND 500,000,000 to VND 700,000,000 shall be imposed for paying
contributions for waste treatment support less than 31 days behind schedule or
failing to pay contributions for waste treatment support in full less than 31
days behind schedule;
b) A fine
ranging from VND 700,000,000 to VND 900,000,000 shall be imposed for paying
contributions for waste treatment support 31 days to less than 91 days behind
schedule or failing to pay contributions for waste treatment support in full 31
days to less than 91 days behind schedule.
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5.
Remedial measures:
a)
Mandatory disclosure of information about products or packaging which they
manufacture or import in case of commission of the offence specified in clause
1 of this Article;
b)
Mandatory sending of the declaration of contributions for waste treatment support
in accordance with regulations in case of commission of the offence specified
in clause 2 of this Article;
c)
Mandatory payment of the contributions for waste treatment support in arrears
to the Vietnam Environment Protection Fund in case of commission of the
offences specified in clauses 3 and 4 of this Article.
Article 34. Offences against regulations on environmental
protection during import and breaking of used ships; import of machinery,
equipment, vehicles, raw materials, fuels and materials
1. A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for importing
machinery, equipment, vehicles (except for used ships for breaking), raw
materials, fuels or materials that fail to satisfy the environmental technical
regulation or in contravention of regulations of law on environmental
protection.
2. A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
transporting or transiting goods, equipment or vehicles (except for used ships
for breaking) which may cause environmental pollution, degradation or
emergencies through the territory of the Socialist Republic of Vietnam without
the permission from the environment authority.
3.
Penalties for importing used ships for breaking or breaking used ships in
contravention of regulations on environmental protection, except for
environmental crimes are as follows:
a) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for submit
periodic reports to the competent environmental protection authority in breaking
of used ships in accordance with regulations;
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c) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to
collect fuels, oil, bilge water, ballast water, other liquids and flammable or
materials; failure to take measures to provide air
ventilation and enough oxygen to enclosed spaces on the ship to ensure safe
working conditions as prescribed;
d) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to
abate and collect asbestos and PCBs in accordance with regulations; failure to
provide adequate personnel or adequate personal protective equipment to abate
asbestos in accordance with regulations; failure to ensure the safety of
asbestos abatement areas in accordance with regulations;
dd) A
fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for
breaking used ships without meeting the conditions regarding facilities and
technical infrastructure serving environmental protection;
e) A fine
ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for importing
used ships for breaking without meeting the conditions as prescribed;
g) A fine
ranging from VND 800,000,000 to VND 900,000,000 shall be imposed for importing
incorrect type of used ships for breaking;
h) A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for
importing used ships contaminated with radioactive substances, disease-causing
germs or other toxins that have not been cleaned or are incapable of being
cleaned for breaking; ballast water containing invasive alien species or
potentially invasive species as prescribed; failing to recover all C.F.C gas in
equipment before importing them into Vietnam;
i)
Penalties for offences against normal solid waste and hazardous waste generated
from the breaking of used ships shall be imposed in accordance with Articles 26
and 29 of this Decree.
4.
Additional penalties:
a)
Suspending the import and dismantlement of used ships by the facility for 06 -
09 months in case of commission of the offences specified at points dd, e, g
and h clause 3 of this Article;
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5.
Remedial measures:
a)
Mandatory re-export or mandatory destruction of the used machinery, equipment,
vehicles, ships, raw materials, fuels and materials required if the re-export
thereof is impossible in case of commission of the offences specified in clause
1, clause 2, points b, dd, e, g and h clause 3 of this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in clause 3 of this Article.
Article 35. Offences against regulations on environmental
protection during import of scrap from abroad
1. Penalties for offences
committed in case of importing scrap from abroad as raw materials for
production are as follows:
a) A fine ranging from VND 100,000,000 to VND 130,000,000
shall be imposed for having an imported scrap warehouse or storage yard that
fails to meet the requirements for environmental protection during import of
scrap as raw materials for production in accordance with regulations; storing
imported scrap in an area other than a warehouse or storage yard that has been
granted an environmental license;
b) A fine
ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for failure to
have any imported scrap warehouse or storage yard that meets the requirements
for environmental protection during import of scrap as raw materials for
production in accordance with regulations; failure to directly sign a contract
with the foreign supplier of scrap imported as raw materials for production;
c) A fine
ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failure to
have any technology or equipment for recycling and reuse of scrap as
prescribed; failure to treat impurities from scrap or failure to transfer
impurities to the unit having the treatment function as prescribed; failure to
identify or classify waste generated from the use of imported scrap in order to
have an appropriate waste treatment plan in accordance with regulations;
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dd) A
fine ranging from VND 200,000,000 to VND 230,000,000 shall be imposed
for using imported scrap in contravention of regulations;
e) A fine
ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for importing
a type of scrap other than that specified in the environmental license as
prescribed, except for the cases specified in clause 4 of this Article.
2. Penalties for
transferring scrap imported from abroad as raw materials for production to
other organizations or individuals in contravention of the environmental
license are as follows:
a) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
transferring less than 500 tonnes of iron or steel scrap imported as raw
materials for production to other organizations or individuals; transferring
less than 100 tonnes of paper scrap imported as raw materials for production to
other organizations or individuals; transferring less than 50 tonnes of plastic
scrap imported as raw materials for production to other organizations or
individuals;
b) A fine
ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for transferring
500 tonnes less than 1,000 tonnes of iron or steel scrap imported as raw
materials for production to other organizations or individuals; transferring
100 tonnes to 500 tonnes of paper scrap imported as raw materials for
production to other organizations or individuals; transferring more than 50
tonnes to 100 tonnes of plastic scrap imported as raw materials for production
to other organizations or individuals;
c) A fine
ranging from VND 270,000,000 to VND 300,000,000 shall be imposed for transferring
more than 1,000 tonnes of iron or steel scrap imported as raw materials for
production to other organizations or individuals; transferring more than 500
tonnes of paper scrap imported as raw materials for production to other
organizations or individuals; transferring more than 100 tonnes of plastic
scrap imported as raw materials for production to other organizations or
individuals.
3. A fine
ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for failure to
pay costs of handling imported scrap in cases where the deposit is not enough
to handle imported scrap in violation of the regulations on environmental
protection; failure to make an environmental protection deposit during import
of scrap in accordance with regulations; import of scrap without an
environmental license as prescribed, except for the cases specified in point c
clause 2, point c clause 3, and point c clause 4 Article 14 of this Decree.
4.
Penalties for importing scrap containing a certain amount of impurities in
excess of the permissible limit as specified in the national technical
regulation on environment applicable to imported scrap are as follows:
a) A fine
ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is less than 200 kg or total amount of impurities
which are other types of waste is less than 1,000 kg;
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c) A fine
ranging from VND 250,000,000 to VND 300,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 300 kg to less than 400 kg or total amount of
impurities which are other types of waste is 5,000 kg less than 10,000 kg;
d) A fine
ranging from VND 300,000,000 to VND 400,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 400 kg to less than 500 kg or total amount of
impurities which are other types of waste is 10,000 kg less than 20,000 kg;
dd) A
fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 500 kg to less than 600 kg or total amount of
impurities which are other types of waste is 20,000 kg less than 30,000 kg;
e) A fine
ranging from VND 500,000,000 to VND 600,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 600 kg to less than 700 kg or total amount of
impurities which are other types of waste is 30,000 kg less than 40,000 kg;
g) A fine
ranging from VND 600,000,000 to VND 700,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 700 kg to less than 800 kg or total amount of
impurities which are other types of waste is 40,000 kg less than 50,000 kg;
h) A fine
ranging from VND 700,000,000 to VND 800,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 800 kg to less than 900 kg or total amount of
impurities which are other types of waste is 50,000 kg less than 60,000 kg;
i) A fine
ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if total
amount of impurities which are hazardous waste or POPs in Annex A to the
Stockholm Convention on POPs is 900 kg to less than 1,000 kg or total amount of
impurities which are other types of waste is 60,000 kg less than 70,000 kg;
5. A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for
importing scrap containing radioactive substances; importing scrap which is not
included in the list of scrap permitted to be imported, except for
environmental crimes.
6. Any
imported scrap quality assessment organization committing offences against
regulations on results of quality assessment and analysis of imported scrap shipments
shall incur penalties according to regulations of law on penalties for
administrative offences against regulations on standards, measurement and
quality of products and goods.
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a)
Suspending the import of scrap as raw materials for production for 03 - 06
months in case of commission of the offences specified in points a, b, c and dd
clause 1 of this Article;
b)
Suspending the import of scrap as raw materials for production for 06 - 09
months in case of commission of the offences specified in clause 2 of this
Article;
c)
Suspending the import of scrap as raw materials for production for 09 - 12
months in case of commission of the offences specified in clauses 4 and 5 of
this Article;
d)
Confiscating valuable products after destruction in case of commission of the
offences specified in points d, dd and e clause 1, clause 2, clause 3, clause 4
and clause 5 of this Article when applying remedial measures in the form of
mandatory destruction of imported scrap.
8.
Remedial measures:
a) Mandatory re-export or mandatory destruction required if
the re-export is impossible in case of commission of the offences specified in
points d, dd and e clause 1, clause 2, clause 3, clause 4 and clause 5 of this
Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for import of scrap against
the environmental technical regulation or causing environmental pollution
according to current norms and prices in case of commission of the offences
prescribed in this Article;
c)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in clause 1 of this Article.
Article 36. Offences against regulations on marine environmental
protection and environmental protection in offshore petroleum activities
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2. A fine
ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for any of the
following offences:
a)
Exploiting marine resources and perform other activities related to the exploitation
and use of marine resources in contravention of the approved planning;
b) Failing
to treat waste and other polluting elements generated from production,
business, service, construction, traffic, transportation and exploitation
activities at sea in accordance with environmental technical regulations;
c)
Keeping means of transport, warehouses or offshore oil and gas facilities after
the handling deadline;
d)
Failing to collect, store and treat hazardous waste generated from the
exploration and exploitation of marine resources or the dismantlement of means
of transport at sea as regulated.
3. A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for any of the
following offences, except for environmental crimes:
a)
Dumping at sea normal waste which is generated from means of transport or
offshore drilling platforms without treating it as regulated or waste which is
not treated in conformity with the technical regulation on waste;
b)
Dumping normal solid waste from the mainland into the sea, except for
environmental crimes;
c) Discharging
water-based drilling cuttings or water-based drilling fluids or
discharging non-aqueous drilling cuttings or non-aqueous drilling fluids
generated from offshore petroleum exploration and exploitation activities into
territorial waters in contravention of regulations;
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dd)
Discharging to the territorial waters floor cleaners, technological equipment
and oil tanks that are contaminated with oil and domestic wastewater generated
during offshore petroleum exploration and exploitation in contravention of
regulations.
4. A fine
ranging from VND 250,000,000 to VND 500,000,000 shall be imposed for dumping
toxic chemicals and solid waste; wastewater that is not treated in accordance
with the technical regulation into the territorial waters of the wildlife
sanctuary, natural heritage sites, areas with new ecosystems, regular or
seasonal spawning areas of aquatic species, except for environmental crimes.
5. A fine
ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for dumping
hazardous waste or waste containing radioactive substances into the territorial
waters of the Socialist Republic of Vietnam, except for environmental crimes.
6.
Additional penalties:
Confiscating
exhibits or instrumentalities for committing administrative offences in case of
commission of the offences specified in clauses 3, 4 and 5 of this Article.
7.
Remedial measures:
a)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
b)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences within the period regulated
by the person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in clause 4 and clause 5 of this Article.
Article 37. Offences against regulations on soil
environment protection
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2. A fine
ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to
make a plan for remediation and improvement of the soil pollution area as
prescribed in case of causing environmental pollution; failure to send the plan
for environmental remediation and improvement to the provincial specialized
environmental protection authority for inspection and supervision as
prescribed.
3. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to
remediate and improve environment of the soil pollution area as prescribed in
case of causing environmental pollution.
4.
Remedial measures:
Mandatory
application of remedial measures against environmental pollution in accordance
with regulations and mandatory submission of reports on result of completed
remediation of consequences of offences within the period regulated by the
person having the power to impose penalties in the decision to impose penalties
for the offences prescribed in this Article.
Article 38. Offences against regulations on environmental
remediation and improvement during mineral mining
1. A fine
ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to follow
the schedule or improperly or incompletely performing one of the work items in
the environmental improvement and restoration plan as prescribed.
2. A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to
make an environmental remediation and improvement plan as prescribed.
3. A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure to
carry out environmental remediation and improvement upon the completion of each
mining phase according to the approved environmental remediation and
improvement plan.
4.
Additional penalties:
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Article 39. Offences against regulations on oil spill
response
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a)
Causing an oil spill or failing to promptly report to the competent authority
in charge of receiving oil spill-related information upon the detection of an
oil spill as prescribed;
b)
Failing to update or supplement the oil spill response plan as prescribed;
c)
Failing to notify the oil spill response plan approved by the competent
authority to relevant authorities, units and localities for cooperation in implementation.
2.
A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for
any of the following offences:
a)
Failure to organize training courses or assign officials or employees in charge
of responding to oil spills to attend training courses to improve their skills
in oil spill response;
b)
Failing to organize training practice in oil spill response as prescribed.
3. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
promptly report to the competent authority for assistance in cases where the
oil spill is beyond its capacity or local resources as prescribed.
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a) A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to
make investment or failure to enter into a contract to get prepared for
response to oil spills with an establishment that has means and equipment used
for response activities or with a Regional Oil Spill Response Center at the
level commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to
get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of the oil spill at
the request of competent authorities;
c) A fine
ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to
have the oil spill response plan approved by the district-level People’s
Committee or the supervisory authority as prescribed;
d) A fine
ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to
develop an emergency plan to respond to oil spills and organize forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by the
establishment as prescribed.
5.
Penalties for offences related to the operation of general petroleum depots and
petroleum depots with a total reserve of 50,000 m3 or more and
petroleum ports capable of receiving ships with a tonnage greater than or equal
to 50,000 DWT are as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall
be imposed for failure to make investment or failure to enter into a contract
to get prepared for response to oil spills with an establishment that has means
and equipment used for response activities or with a Regional Oil Spill
Response Center at the level commensurate with possibilities of oil spill
occurring in areas under its jurisdiction in order to promptly mobilize means,
equipment and supplies to carry out response activities as prescribed;
b) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure
to lead and command its own forces, means and equipment or those stated in
the oil spill response contract to carry out response activities in a timely
manner; failure to get ready to mobilize means, equipment and supplies to
participate in cooperation in response to and remediation of consequences of
the oil spill at the request of competent authorities;
c) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
have the oil spill response plan approved by the National Committee for Search
and Rescue as prescribed;
d) A fine
ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to
develop an emergency plan to respond to oil spills and organize forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by the establishment
as prescribed.
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a) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
make investment or failure to enter into a contract to get prepared for
response to oil spills with an establishment that has means and equipment used
for response activities or with a Regional Oil Spill Response Center at the
level commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to carry
out response activities as prescribed;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to lead and command its own forces, means and equipment or those stated in
the oil spill response contract to carry out response activities in a timely
manner; failure to get ready to mobilize means, equipment and supplies to
participate in cooperation in response to and remediation of consequences of
the oil spill at the request of competent authorities;
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
have the oil spill response plan approved by the provincial People’s Committee
as prescribed;
d) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
develop an emergency plan to respond to oil spills and organize forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by the
establishment as prescribed.
7.
Penalties for offences involving activities of investors in ports, owners
of establishments and owners of projects posing the risk of causing oil spills
are as follows:
a) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
make investment or failure to enter into a contract to get prepared for
response to oil spills with an establishment that has means and equipment used
for response activities or with a Regional Oil Spill Response Center at the
level commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure
to lead and command its own forces, means and equipment or those stated in
the oil spill response contract to carry out response activities in a timely
manner; failure to get ready to mobilize means, equipment and supplies to
participate in cooperation in response to and remediation of consequences of
the oil spill at the request of competent authorities; failure to closely monitor activities with high risk of oil spills
occurring within their remit in order to promptly implement appropriate response
measures; failure to fully conform to the requirements
and instructions of competent authorities for prevention or minimization of
damage caused by oil pollution as quickly as possible;
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
have the oil spill response plan approved by the provincial People’s Committee
as prescribed; failure to again formulate the oil spill response plan for
submission to the competent authority for approval as prescribed;
d) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
develop an emergency plan to respond to oil spills and organize forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by the
establishment as prescribed.
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a) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
notify the oil spill response plan approved by the provincial People’s
Committee to the provinces at risk of being affected by the oil spill that may
occur at facilities or projects;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
make investment or failure to enter into a contract to get prepared for
response to oil spills with an establishment that has means and equipment used
for response activities or with a Regional Oil Spill Response Center at the
level commensurate with possibilities of oil spill occurring in areas under its
jurisdiction in order to promptly mobilize means, equipment and supplies to
carry out response activities as prescribed;
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for get ready to
mobilize means, equipment and supplies to participate in cooperation in
response to and remediation of consequences of the oil spill at the request of
competent authorities;
d) A fine ranging from VND 50,000,000 to VND 60,000,000 shall
be imposed for failure to have the oil spill response plan approved by the
National Committee for Search and Rescue as prescribed;
dd) A
fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure
to develop an emergency plan to respond to oil spills and organize forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by the
establishment as prescribed.
9.
Penalties for offences involving oil tanker operations posing the risk of
causing oil spills are as follows:
a) A fine
ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for failure to
notify the plan for oil transshipment between ships at sea so as for the
competent authority to carry out supervision and take appropriate response
measures in the event of an oil spill as prescribed;
b) A fine
ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failure to
have the oil pollution response plan approved by a competent authority of the
Ministry of Transport, applicable to oil tankers flying the flag of Vietnam,
each of which has total tonnage of 150 GT or more and other ships other than
oil tankers, each of which has total tonnage of 400 GT or more;
c) A fine
ranging from VND 35,000,000 to VND 45,000,000 shall be imposed for failure to
have the oil pollution response plan approved by a competent authority of the
Ministry of Transport, applicable to oil tankers flying the flag of Vietnam,
each of which has total tonnage of 150 GT or more, engaged in the transshipment
of oil between ships at sea;
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dd) A
fine ranging from VND 55,000,000 to VND 65,000,000 shall be imposed for failure
to purchase insurance or financial security for civil liability prescribed
by law to compensate for damage caused by fuel oil pollution as prescribed.
10. A
fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for using
oil spill dispersants and biological preparations for oil spill response in
contravention of regulations.
11.
Penalties for causing oil conflagration or oil spills, except for environmental
crimes are as follows:
a) A fine ranging from VND 40,000,000 to VND 80,000,000 shall
be imposed if the weight of oil is less than 2,000 kg;
b) A fine
ranging from VND 80,000,000 to VND 150,000,000 shall be imposed if the weight
of oil is 2,000 kg to less than 10,000 kg;
c) A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed if the weight
of oil is 10,000 kg to less than 20,000 kg;
d) A fine
ranging from VND 250,000,000 to VND 350,000,000 shall be imposed if the weight
of oil is 20,000 kg to less than 50,000 kg;
dd) A
fine ranging from VND 350,000,000 to VND 450,000,000 shall be imposed if the
weight of oil is 50,000 kg to less than 100,000 kg;
e) A fine
ranging from VND 450,000,000 to VND 550,000,000 shall be imposed if the weight
of oil is 100,000 kg to less than 200,000 kg;
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h) A fine
ranging from VND 650,000,000 to VND 750,000,000 shall be imposed if the weight
of oil is 300,000 kg to less than 400,000 kg;
i) A fine
ranging from VND 750,000,000 to VND 850,000,000 shall be imposed if the weight
of oil is 400,000 kg to less than 500,000 kg;
k) A fine
ranging from VND 850,000,000 to VND 950,000,000 shall be imposed if the weight
of oil is at least 500,000 kg.
12. Penalties for failure to
implement measures for remedying oil conflagration or oil spill; failure to
compensate for damage caused by the oil pollution are as follows:
a) A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed if the weight
of oil is less than 2,000 kg;
b) A fine
ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the weight of
oil is 2,000 kg to less than 10,000 kg;
c) A fine
ranging from VND 200,000,000 to VND 300,000,000 shall be imposed if the weight
of oil is 10,000 kg to less than 20,000 kg;
d) A fine
ranging from VND 300,000,000 to VND 400,000,000 shall be imposed if the weight
of oil is 20,000 kg to less than 50,000 kg;
dd) A
fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed if the
weight of oil is 50,000 kg to less than 100,000 kg;
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g) A fine
ranging from VND 600,000,000 to VND 700,000,000 shall be imposed if the weight
of oil is 200,000 kg to less than 300,000 kg;
h) A fine
ranging from VND 700,000,000 to VND 800,000,000 shall be imposed if the weight
of oil is 300,000 kg to less than 400,000 kg;
i) A fine
ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if the weight
of oil is 400,000 kg to less than 500,000 kg;
k) A fine
ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed if the
weight of oil is at least 500,000 kg.
13. Remedial measures:
a)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for causing oil spills or environmental
pollution according to current norms and prices in case of commission of the
offences prescribed in this Article;
b)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences of offences and mandatory provision of
compensation for damage caused by the oil pollution within the period regulated
by the person having the power to impose penalties in the decision to impose
penalties for the offences prescribed in clauses 8, 9 and 11 of this Article.
Article 40. Offences against regulations on waste-related
emergency prevention and response and environmental remediation after
waste-related emergencies
1. Offences against
regulations on waste-related emergency prevention and response and
environmental remediation after waste-related emergencies are as follows:
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b) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
publicize the waste-related emergency prevention and response plan; failure to
notify the communal People’s Committee and district-level Steering Committee
for Natural Disaster Management and Search and Rescue in the event of a
waste-related emergency;
c) A fine
ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to
deploy on-the-spot forces; failure to develop a plan to provide training in
waste-related emergencies for on-site forces; failure to organize waste-related
emergency response drills;
d) A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to
build or install works or equipment for waste-related emergency response;
failure to on-the-spot forces; failure to provide supplies or equipment for
response to waste-related emergencies according to the waste-related emergency
response plan;
dd) A
fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for
failure to comply with or improperly complying with the orders to mobilize
forces, equipment and vehicles for response to waste-related emergencies issued
by the competent authority or competent person;
e) A fine ranging from VND 120,000,000 to VND 150,000,000
shall be imposed for failure to correctly comply or install works or equipment
for waste-related emergency response; failure to suspend production activities
upon occurrence of a waste-related emergency, failure to take measures within
their jurisdiction to promptly respond to waste-related emergencies;
g) A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for committing
the offences specified in clause 2 of this Article without carrying out
environmental remediation or carrying out environmental remediation without
satisfying the environmental technical regulation on quality of surrounding
environment or satisfying regulations of law on biodiversity, forestry and
fisheries;
h) A fine
ranging from VND 250,000,000 to VND 350,000,000 shall be imposed for failure to pay
costs of organizing waste-related emergency response or costs of environmental
remediation to the State if the State assumes responsibility for responding to
the waste-related emergency and remediating the environment after the emergency
or failure to compensate for damage caused by the waste-related emergency in accordance
with regulations, except for environmental crimes.
2.
Penalties for causing waste-related emergencies are as follows:
a) A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for causing a
waste-related emergency at grassroots level, except for environmental crimes;
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c) A fine
ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for causing a
provincial waste-related emergency, except for environmental crimes;
d) A fine
ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for causing a
national waste-related emergency, except for environmental crimes.
3.
Additional penalties:
a)
Suspending the operation of the business establishment's source of waste
causing environmental pollution for 03 - 06 months in case of commission of the
offences specified in clause 2 of this Article;
b)
Suspending the operation of the business establishment for 06 - 09 months in
case of commission of the offences specified in point g clause 1 of this
Article.
4. Remedial measures:
a)
Mandatory application of remedial measures against environmental pollution in
accordance with regulations and mandatory submission of reports on result of
completed remediation of consequences or waste-related emergency within the
period regulated by the person having the power to impose penalties in the
decision to impose penalties for the offences prescribed in point g clause 1 of
this Article;
b)
Mandatory payment of costs of organizing waste-related emergency response and
costs of environmental remediation in case of commission of the offences
specified in point h clause 1 of this Article.
Article 41. Offences against regulations on environmental
protection during agricultural production
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2. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to
register, inventory, report and manage information on chemicals, agrochemicals
and veterinary drugs in accordance regulations; using chemicals, agrochemicals
and veterinary drugs in contravention of regulations resulting in environmental
pollution.
3. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
assess and control chemicals, agrochemicals and veterinary drugs as prescribed.
4. A fine
ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for using
agrochemicals, veterinary drugs or chemicals which have expired or are off the
permissible list resulting in environmental pollution.
5. A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for importing
chemicals or materials containing hazardous chemicals that fail to meet
regulations on environmental protection.
6.
Additional penalties:
Suspending
the operation of the business establishment's source of waste causing
environmental pollution for 09 - 12 months in case of commission of the
offences specified in clauses 4 and 5 of this Article.
7.
Remedial measures:
Mandatory
application of remedial measures against environmental pollution in accordance
with regulations and mandatory submission of reports on result of completed
remediation of consequences or environmental emergency within the period
regulated by the person having the power to impose penalties in the decision to
impose penalties for the offences prescribed in clauses 2 and 4 of this
Article.
Article 42. Offences against regulations on payment of
environmental protection fees and environmental protection deposits during
mining activities, waste burial, and insurance against compensation for
environmental damage
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2. A fine
of 0.05% of the environmental protection deposit which is underpaid per day
shall be imposed for underpayment of deposits as prescribed and must not exceed
VND 1,000,000,000.
3. A fine
which is 2 to 3 times the required deposit shall be imposed for failure to make
an environmental protection deposit as prescribed and must not exceed VND
1,000,000,000.
4. A fine
ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failure to
purchase insurance against compensation for environmental damage.
5.
Remedial measures:
a)
Collection of the underpaid or evaded amount of the environmental protection
fee that is calculated from the time of underpayment or evasion of the
environmental protection fee (the collected amount is calculated using the
result of waste sample analysis by the authority having power to carry out
inspection and impose penalties as prescribed) in case of commission of the
offences specified in clause 1 of this Article;
b)
Mandatory payment of costs of solicitation of assessment, inspection,
measurement and analysis of environmental samples for discharge of waste in
excess of the permissible limit specified in the environmental technical
regulation or causing environmental pollution according to current norms and
prices in case of commission of the offences prescribed in this Article;
c)
Mandatory payment of environmental protection deposits; mandatory purchase of
insurance against compensation for environmental damage in case of commission
of the offences prescribed in clauses 3 and 4 of this Article.
Article 43. Offences against regulations on environmental
information and data; provision and disclosure of environmental information;
reporting of environmental protection
1. c) A
fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure
to make reports or making inaccurate or insufficient reports or failure to send
reports on environmental protection to competent authorities in accordance with
regulations.
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a) A fine ranging from VND 1,000,000 to VND 5,000,000 shall
be imposed for illegally obstructing the monitoring, collection, exchange and
use of environmental data and information;
b) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to
collect, store and manage environmental information as prescribed;
c) A fine
ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for illegally
accessing the environmental data and information storage systems as prescribed;
d) A fine
ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for modifying,
falsifying or erasing environmental data and information and environmental
monitoring results.
3.
Penalties for offences against regulations on disclosure of environmental
information are as follows:
a) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for disclosing
environmental data and information, or environmental monitoring results in an
incorrect or insufficient manner as prescribed; failing to provide or update
their environmental information in the national and provincial environmental
databases in accordance with regulations;
b) A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to
disclose environmental information and data during production, business
operation, service provision as prescribed, except for the cases specified in
point b clause 1, point b clause 2 Article 10; point b clause 1, point b clause
2, point b clause 3, Article 11; point h clause 1 Article 31; clause 1 Article
32; clause 1 Article 33; point b clause 1 Article 40; clause 1 Article 53;
clause 1 Article 54 of this Decree;
c) A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to
disclose waste monitoring results of investment projects, business
establishments, dedicated areas for production, business and service provision
and industrial clusters as prescribed by law;
d) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for providing
untruthful environmental information in cases where the information must be
disclosed to the public as prescribed.
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a) A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to
provide environmental information and data during production, business
operation, service provision as prescribed;
b) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for providing
untruthful environmental data and information and environmental monitoring
results to competent authorities as prescribed; making a report showing the
results of monitoring of wastewater, emissions and other waste do not correctly
reflect the pollution situation at a project, business establishment, dedicated
area for production, business and service provision or industrial cluster.
5. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
provide or disclose information in accordance with regulations of law on bond
issuance and law on environmental protection.
6.
Remedial measures:
a)
Mandatory disclosure of information in case of commission of the offences
specified in points a, b and c clause 3 of this Article;
b)
Mandatory provision and disclosure of information in case of commission of the
offences specified in point a clause 4 and clause 5 of this Article;
c)
Mandatory correction of misinformation or misleading information about the
state of environment in case of commission of the offences specified in point d
clause 3 and point b clause 4 of this Article.
Article 44. Offences against regulations on protection and
use of works, equipment and vehicles serving environmental protection
activities
1. A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for any of the
following offences:
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b)
Growing plants affecting the technical safety corridor of environmental
protection works.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for illegally
moving environmental monitoring machinery and equipment.
3. A fine
ranging from VND 10,000,000 to VND 50,000,000 shall be imposed for building a
work affecting the technical safety corridor of environmental protection works.
4. A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for sabotaging
or encroaching on works, equipment and means serving environmental protection
activities.
5.
Remedial measures:
Mandatory
restoration to original condition within the period regulated by the person
having the power to impose penalties in the decision to impose penalties for
the offences prescribed in this Article.
Article 45. Offences against regulations on GHG emissions
mitigation
1. A warning shall be
imposed for any of the following offences:
a) Failure to submit GHG inventory reports to regulatory
bodies as prescribed;
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2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Providing incorrect or insufficient information in the GHG inventory report;
b)
Providing incorrect or insufficient information in the report on reduction of
GHG emissions.
3. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
a)
Failure to prepare GHG inventory reports as prescribed;
b)
Failure to prepare reports on reduction of GHG emissions as prescribed;
c)
Appraising the reports in the fields not announced by the Ministry of Natural
Resources and Environment.
4.
Remedial measures:
a)
Mandatory provision of correct or sufficient information in the GHG inventory
reports and reports on reduction of GHG emissions in case of commission of the
offences specified in Clause 2 of this Article;
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c)
Mandatory invalidation of results of appraisal of the GHG inventory reports or
reports on reduction of GHG emissions in case of commission of the offences
specified in point c clause 3 of this Article.
Article 46. Offences against regulations on ozone layer
protection
1. A warning shall be
imposed for any of the following offences:
a) Failure
to register the use of controlled substances issued under the List specified in
point b clause 3 Article 92 of the Law on Environmental Protection (hereinafter
referred to as “controlled substances”);
b)
Failure to develop an appropriate roadmap for replacement or removal of
controlled ozone-depleting substances and GHGs as prescribed;
c)
Failure to submit reports on the use of controlled substances within the
prescribed time limit.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Failure to prepare periodic reports on the use of controlled substances as
prescribed;
b)
Providing incorrect or insufficient information in the reports on the use of
controlled substances.
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a) Upon
any technician in charge of collecting controlled substances who does not have
an appropriate diploma or certificate in accordance with regulations; or
b) For
failure to use equipment suitable for the collection, transport and storage of
controlled substances in accordance with regulations; or
c) For
failure to develop the process of safe collection, transport and storage of
controlled substances according to regulations of the Ministry of Natural
Resources and Environment.
4. A fine
ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for any of the
following offences:
a)
Producing controlled substances in excess of the allocated quota under the
decision on allocation, adjustment and supplementation of quota for production
and import of controlled substances;
b)
Importing controlled substances in excess of the allocated quota under the
decision on allocation, adjustment and supplementation of quota for production
and import of controlled substances;
c)
Transferring the quota for production and import of controlled substances;
d)
Illegally using the notification of allocation, adjustment and supplementation
of the quota for production and import of controlled substances.
5. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
transfer controlled substances to a unit issued with an appropriate
environmental license for recycling and treatment in accordance with
regulations.
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a) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging
less than 10 kg of controlled substances into the environment;
b) A fine
ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging
10 kg to less than 30 kg of controlled substances into the environment;
c) A fine
ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for discharging
30 kg to less than 50 kg of controlled substances into the environment;
d) A fine
ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for
discharging 50 kg to less than 100 kg of controlled substances into the
environment;
dd) A
fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for
discharging 100 kg to less than 250 kg of controlled substances into the
environment;
e) A fine
ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for
discharging 250 kg to less than 500 kg of controlled substances into the
environment;
g) A fine
ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for
discharging at least 500 kg of controlled substances into the environment.
7. A fine
ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for any of the
following offences, except for environmental crimes:
a)
Producing prohibited controlled substances; equipment and products containing
or manufactured from prohibited controlled substances;
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c)
Illegally producing controlled substances; illegally producing substances and
equipment, products containing or manufactured from controlled substances;
d) Illegally
importing or exporting controlled substances; illegally importing or exporting
equipment or products containing or manufactured from controlled substances;
dd)
Consuming prohibited controlled substances; consuming equipment and products
containing or manufactured from prohibited controlled substances.
8. A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for recycling
and treating controlled substances without an appropriate environmental
license.
9.
Additional penalties:
a)
Suspending the operation of the business establishment for 06 - 09 months in
case of commission of the offences specified in clause 7 of this Article.
b)
Suspending the operation of the business establishment for 09 - 12 months in
case of commission of the offences specified in clause 8 of this Article.
10. Remedial measures:
a)
Mandatory transfer of substances and equipment, products containing or
manufactured from controlled substances that need to be treated in accordance
with regulations to the units having treatment function, and bearing of all
costs incurred, in case of commission of the offences specified in clause 5 of
this Article;
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c)
Mandatory destruction of substances and equipment, products containing or
manufactured from prohibited controlled substances and bearing of all costs
incurred, in case of commission of the offences specified in clause 7 of this
Article;
d)
Mandatory development of the process for safe collection, transport and storage
in accordance with regulations in case of commission of the offences specified
in point c clause 3 of this Article.
Article 47. Offences against regulations on management and
environmental protection of natural heritage sites
1.
Penalties for illegally sabotaging or encroaching on natural heritage sites
established in accordance with regulations of law on forestry, fisheries and
cultural heritage sites shall be imposed under regulations of law on penalties
for administrative violations in those fields.
2.
Penalties for illegally sabotaging or encroaching on natural heritage sites
being conservation areas, except for the offences specified in clause 1 of this
Article are as follows:
a) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for hunting,
catching or exploiting wild animals and wild plants in a wetland conservation
area, except for environmental crimes and purposes of scientific research
approved by the competent authority;
b) A fine
ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for obstructing
the passage of aquatic species in the administrative service subdivision of the
wetland conservation areas;
c) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for levelling,
digging and embanking, altering or blocking the natural flow, resulting in
changes to the hydrological regime in a wetland conservation area; raising
livestock and poultry on a farm scale or carrying out aquaculture on an
industrial scale; illegally residing in a conservation area;
d) A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for obstructing
the passage of aquatic species in the ecological restoration subdivision of a
wetland conservation area;
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e) A fine ranging from VND 150,000,000 to VND 200,000,000
shall be imposed for changing structure of the ecosystem
and reducing the species composition in the
wetland conservation areas;
g)
Penalties for illegally building works and residential houses in the ecological
restoration subdivision and administrative service subdivision of a
conservation area shall be imposed in accordance with regulations of law on
penalties for administrative violations in the construction industry.
3. Penalties for causing
damage to natural landscapes or ecosystems in a conservation area, except for
the cases specified in clauses 1 and 2 of this Article are as follows:
a) A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage
to less than 200 m2 of land, wetland or water surface in an
area that does not belong to the strictly protected subdivision of the
conservation area;
b) A fine
ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for causing
damage to 200 m2 to less than 400 m2 of land,
wetland or water surface in an area that does not belong to the strictly
protected subdivision of the conservation area;
c) A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for causing
damage to 400 m2 to less than 800 m2 of land,
wetland or water surface in an area that does not belong to the strictly
protected subdivision of the conservation area;
d) A fine
ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for causing
damage to 800 m2 to less than 1,200 m2 of land,
wetland or water surface in an area that does not belong to the strictly
protected subdivision of the conservation area;
dd) A fine
ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for causing
damage to 1,000 m2 to less than 1,500 m2 of land,
wetland or water surface in an area that does not belong to the strictly
protected subdivision of the conservation area or causing damage to less than
100 m2 of land, wetland or water surface in the strictly protected
subdivision of the conservation area;
e) A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for causing
damage to 1,500 m2 to less than 2,000 m2 of land,
wetland or water surface in an area that does not belong to the strictly
protected subdivision of the conservation area or causing damage to 100 m2
to less than 100 m2 of land, wetland or water surface in the
strictly protected subdivision of the conservation area;
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4.
Penalties for causing damage to natural landscapes or ecosystems being
important wetlands outside conservation areas, except for the cases specified
in clauses 1 and 2 of this Article are as follows:
a) A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for causing
damage to the habitats of water birds and migratory birds;
b) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for causing
damage to the nursery grounds and spawning grounds of aquatic species, except
for the cases specified in point c of this clause;
c)
Penalties for causing damage to nursery grounds and spawning grounds of aquatic
species on the list of endangered, precious and rare species whose protection
is prioritized and the list of endangered and rare aquatic species shall be
imposed in accordance with regulations of law on penalties for administrative
violations in the fisheries sector.
5.
Penalties for illegally sabotaging, encroaching on or causing damage to natural
landscapes or ecosystems in the core zones of other natural heritage sites
established in accordance with regulations of law on environmental protection,
except for the cases specified in clauses 1, 2, 3 and 4 of this Article, shall
be imposed as follows:
a) A fine
ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage
to less than 200 m2 of land, wetland or water surface;
b) A fine
ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for causing
damage to 200 m2 to less than 400 m2 of land, wetland or
water surface;
c) A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for causing damage
to 400 m2 to less than 800 m2 of land, wetland or water
surface;
d) A fine
ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for causing
damage to 800 m2 to less than 1,200 m2 of land, wetland
or water surface;
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e) A fine
ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for causing
damage to 1,500 m2 to less than 2,000 m2 of land, wetland
or water surface;
g) A fine
ranging from VND 250,000,000 to VND 400,000,000 shall causing damage to at
least 2,000 m2 of land, wetland or water surface.
6.
Additional penalties:
a)
Confiscating exhibits or instrumentalities for committing administrative
offences in case of commission of the offences specified points a, b, d, dd and
g clause 2, clause 3, clause 4 and clause 5 of this Article;
b)
Suspending the business establishment’s operation for 01 - 13 months as a
remedy for the offences specified in clauses 2, 3, 4 and 5 of this Article.
7.
Remedial measures:
a)
Mandatory restoration to original state in case of commission of the offences
specified points a, b, c, d, dd, e and g clause 2, clause 3, clause 4 and
clause 5 of this Article;
b)
Mandatory demolition of illegally built works and residential houses in case of
commission of the offences specified in points b, dd and g clause 2 of this
Article.
Article 48. Offences against regulations on PES
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2. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual
or organization specified in clause 4 Article 138 of the 2020 Law on
Environmental Protection (ecosystem service user) that fails to enter into a
contract with the supplier in case of direct payment or with the authorized
authority in cases of making PES with authorization.
3. Any
ecosystem service user that fails to declare or incorrectly declaring or delays
in declaring the amount payable in the form of authorization to the provincial
environment protection fund or the Vietnam Environment Protection Fund if the
local authority has yet to establish a provincial environment protection fund
shall incur the following penalties:
a) A fine
ranging from VND 1,000,000 to VND 2,000,000 if the amount payable is less than
VND 50,000,000;
b) A fine
ranging from VND 2,000,000 to VND 3,000,000 if the amount payable is VND
50,000,000 to less than VND 200,000,000;
c) A fine
ranging from VND 3,000,000 to VND 5,000,000 if the amount payable is VND
200,000,000 to less than VND 300,000,000;
d) A fine
ranging from VND 5,000,000 to VND 7,000,000 if the amount payable is VND
300,000,000 to less than VND 500,000,000;
dd) A
fine ranging from VND 7,000,000 to VND 10,000,000 if the amount payable is less
than VND 500,000,000.
4.
Penalties for using ecosystem services without making payment or making payment
in full and on schedule under the PES contract shall be imposed as follows:
a) A fine
ranging from VND 1,000,000 to VND 2,000,000 for failure to pay or fully pay for
services past 03 months from the date specified in the contract if the payment
is less than VND 20,000,000;
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c) A fine
ranging from VND 3,000,000 to VND 5,000,000 for failure to pay or fully pay for
services past 03 months from the date specified in the contract if the payment
is VND 30,000,000 to less than VND 50,000,000;
d) A fine
ranging from VND 5,000,000 to VND 15,000,000 for failure to pay or fully pay
for services past 03 months from the date specified in the contract if the
payment is VND 50,000,000 to less than VND 100,000,000;
dd) A
fine ranging from VND 15,000,000 to VND 25,000,000 for failure to pay or fully
pay for services past 03 months from the date specified in the contract if the
payment is VND 100,000,000 to less than VND 200,000,000;
e) A fine
ranging from VND 25,000,000 to VND 40,000,000 for failure to pay or fully pay
for services past 03 months from the date specified in the contract if the
payment is VND 200,000,000 to less than VND 500,000,000;
g) A fine ranging from VND 40,000,000 to VND 50,000,000 for
failure to pay or fully pay for services past 03 months from the date specified
in the contract if the payment is at least VND 500,000,000.
5. Any
supplier that fails to formulate an internal PES schemes before concluding
contracts with ecosystem service providers shall receive:
a) A
warning if the offence is detected for the first time; or
b) A fine
ranging from VND 5,000,000 to VND 10,000,000 in case of failure to rectify the
offence.
6. Any
supplier that fails to transfer the remaining amount (which is the total amount
of PES collected minus reasonable costs to protect, maintain and develop the
ecosystem) to the provincial environment protection fund or the Vietnam
Environment Protection Fund if the local authority has yet to establish a
provincial environment protection fund shall incur the following penalties:
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b) A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed if the remaining
amount is VND 20,000,000 to less than VND 30,000,000;
c) A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the remaining
amount is VND 30,000,000 to less than VND 50,000,000;
d) A fine
ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the remaining
amount is VND 50,000,000 to less than VND 100,000,000;
dd) A
fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the
remaining amount is VND 100,000,000 to less than VND 200,000,000;
e) A fine
ranging from VND 25,000,000 to VND 40,000,000 shall be imposed if the remaining
amount is VND 200,000,000 to less than VND 500,000,000;
g) A fine
ranging from VND 40,000,000 to VND 50,000,000 if the remaining amount is less
than VND 500,000,000.
7. Any
natural ecosystem service provider that uses the proceeds from PES for improper
purposes as prescribed shall incur the following penalties:
a) A fine
ranging from VND 1,000,000 to VND 2,000,000 if the proceeds used for improper
purposes are less than VND 20,000,000;
b) A fine
ranging from VND 2,000,000 to VND 3,000,000 if the proceeds used for improper
purposes are VND 20,000,000 to less than VND 30,000,000;
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d) A fine
ranging from VND 5,000,000 to VND 15,000,000 if the proceeds used for improper
purposes are VND 50,000,000 to less than VND 100,000,000;
dd) A
fine ranging from VND 15,000,000 to VND 25,000,000 if the proceeds used for
improper purposes are VND 100,000,000 to less than VND 200,000,000;
e) A fine ranging from VND 25,000,000 to VND 40,000,000 if
the proceeds used for improper purposes are VND 200,000,000 to less than VND
500,000,000;
g) A fine ranging from VND 40,000,000 to VND 50,000,000 if
the proceeds used for improper purposes are at least VND 500,000,000.
8. Remedial measures:
a)
Mandatory payment of PES in full and late payment interest (if any) in
proportion to the amount and time of late payment within 01 month from the
date of receiving the decision on penalties for administrative offences in case
of commission of the offences specified in clause 4 of this Article.
The
interest shall be calculated based on the amount and time of late payment at
the basic interest rate announced by the State Bank of Vietnam at the time
closest to the time of issuing the decision on penalties for administrative
offences;
b)
Mandatory formulation of the internal PES scheme within 06 months from the
date of receiving the decision on penalties for administrative offences in case
of commission of the offences specified in clause 5 of this Article;
c)
Mandatory transfer of the remaining amount to the provincial environment
protection fund or the Vietnam Environment Protection Fund if the local
authority has yet to establish a provincial environment protection fund within
06 months from the date of receiving the decision on penalties for
administrative offences in case of commission of the offences specified in
clause 6 of this Article;
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Article 49. Offences against regulations on conservation
and sustainable development of organisms
1. A
warning shall be imposed for artificially culturing wild plant species, plant
varieties, fungi and microorganisms on the List of endangered, precious and
rare species whose protection is prioritized without notification as
prescribed.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for hunting water
birds and migratory birds in wetland conservation areas and important wetlands,
except for the cases specified in point a clause 2 Article 47 of this Decree.
3.
Penalties for illegally exploiting plant varieties, fungi and microorganisms on
the List of endangered, precious and rare species whose protection is
prioritized; illegally storing, transporting or trading in plant varieties,
fungi and microorganisms on the List of endangered, precious and rare species
whose protection is prioritized outside natural heritage are as follows:
a) A fine
ranging from VND 1,000,000 to VND 2,000,000 if the exhibit involved in the
offence is worth less than VND 500,000;
b) A fine
ranging from VND 2,000,000 to VND 5,000,000 if the exhibit involved in the
offence is worth VND 500,000 to less than VND 1,500,000;
c) A fine
ranging from VND 5,000,000 to VND 15,000,000 if the exhibit involved in the
offence is worth VND 1,500,000 to less than VND 5,000,000;
d) A fine
ranging from VND 15,000,000 to VND 30,000,000 if the exhibit involved in the
offence is worth VND 5,000,000 to less than VND 10,000,000;
dd) A
fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed if the
exhibit involved in the offence is worth VND 10,000,000 to less than VND
20,000,000;
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4.
Penalties for illegally exploiting timber and non-timber forest plants on the
List of endangered, precious and rare species whose protection is prioritized
outside natural heritage sites shall be imposed in accordance with regulations
of law on penalties for administrative violations in the forestry sector.
Penalties for illegally exploiting wild plant species on the List of
endangered, precious and rare species whose protection is prioritized, except
for timber and non-timber forest plants outside natural heritage sites, are as
follows:
a) A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit
involved in the offence is worth less than VND 1,000,000;
b) A fine
ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 1,000,000 to less than VND 2,000,000;
c) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 2,000,000 to less than VND 5,000,000;
d) A fine
ranging from VND 10,000,000 to VND 25,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 5,000,000 to less than VND 10,000,000;
dd) A
fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed if the
exhibit involved in the offence is worth VND 10,000,000 to less than VND
15,000,000;
e) A fine ranging from VND 50,000,000 to VND 70,000,000 shall
be imposed if the exhibit involved in the offence is worth VND 15,000,000 to
less than VND 20,000,000;
g) A fine ranging from VND 70,000,000 to VND 100,000,000
shall be imposed if the exhibit involved in the offence is worth VND 20,000,000
to less than VND 30,000,000.
5. Penalties for illegally
storing, transporting, processing and trading in timber and non-timber forest
plants on the List of endangered, precious and rare species whose protection is
prioritized outside natural heritage sites shall be imposed in accordance with
regulations of law on penalties for administrative violations in the forestry
sector. Penalties for illegally storing, transporting, processing, trading in
wild plant species on the List of endangered, precious and rare species whose
protection is prioritized outside natural heritage sites, except for timber and
non-timber forest plants outside natural heritage sites, are as follows:
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b) A fine
ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the wild
plant species is worth VND 15,000,000 to less than VND 25,000,000;
c) A fine
ranging from VND 25,000,000 to VND 50,000,000 shall be imposed if the wild
plant species is worth VND 25,000,000 to less than VND 50,000,000;
d) A fine
ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the wild
plant species is worth VND 50,000,000 to less than VND 70,000,000;
dd) A
fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed if
the wild plant species is worth VND 70,000,000 to less than VND
90,000,000;
e) A fine
ranging from VND 90,000,000 to VND 120,000,000 shall be imposed if the wild
plant species is worth VND 90,000,000 to less than VND 120,000,000;
g) A fine
ranging from VND 120,000,000 to VND 150,000,000 shall be imposed if the wild
plant species is worth VND 120,000,000 to less than VND 150,000,000;
h) A fine
ranging from VND 150,000,000 to VND 180,000,000 shall be imposed if the wild
plant species is worth VND 150,000,000 to less than VND 180,000,000;
i) A fine
ranging from VND 180,000,000 to VND 210,000,000 shall be imposed if the wild
plant species is worth VND 180,000,000 to less than VND 210,000,000;
k) A fine
ranging from VND 210,000,000 to VND 240,000,000 shall be imposed if the wild
plant species is worth VND 210,000,000 to less than VND 240,000,000;
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m) A fine ranging from VND 270,000,000 to VND 300,000,000
shall be imposed if the wild plant species is worth VND 270,000,000 to less
than VND 300,000,000.
6. Additional penalties:
Confiscating
exhibits or instrumentalities for committing administrative offences in case of
commission of the offences specified in clauses 2, 3, 4 and 5 of this Article.
Article 50. Offences against regulations on management of
biodiversity conservation facilities
1. A
warning shall be imposed for failure to report the status of species on the
List of endangered, precious and rare species whose protection is prioritized
as prescribed.
2.
Penalties for breeding, rearing and artificially planting and transplanting
species on the List of endangered, precious and rare species whose protection
is prioritized at facilities breeding, rearing and artificially planting and
transplanting such species for commercial purposes in contravention of
regulations of law shall be imposed in accordance with regulations of law on penalties
for administrative violations in the forestry and fishery sectors, except for
environmental crimes.
3. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to
register, declare the origin, and prepare documents for monitoring individuals
of species on the List of endangered, precious and rare species whose
protection is prioritized.
4. A fine
ranging from VND 2,000,000 and VND 5,000,000 shall be imposed for improperly
fulfill one of the approved conditions in the project on establishment of
biodiversity conservation facility issued together with the certificate of
biodiversity conservation facility approved by a competent authority (including
conditions concerning physical facilities and infrastructure; human resources;
financial resources; species nursery and care processes; storage and
preservation of genetic resources and genetic specimens).
5. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
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b)
Operating without the certificate of biodiversity conservation facility issued
by a competent authority.
6.
Additional penalties:
Confiscating
the exhibits and instrumentalities for committing administrative offences in
case of commission of the offence specified in point b clause 5 of this
Article.
Article 51. Offences against regulations on management of
invasive alien species
1. A fine
ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for rearing,
storing, transporting, planting or propagating invasive alien species outside a
conservation area for non-commercial purposes in cases where their development
and spread are under control and they have not yet caused any damage.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for rearing,
storing, transporting, planting or propagating invasive alien species outside a
conservation area for commercial purposes in cases where their development and
spread are under control and they have not yet caused any damage.
3.
Penalties for rearing, storing, transporting, planting or transplanting
invasive alien species outside a conservation area are as follows:
a) A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of
making a loss of less than VND 10,000,000;
b) A fine
ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for the act of
making a loss of VND 10,000,000 to less than VND 20,000,000;
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d) A fine
ranging from VND 160,000,000 to VND 240,000,000 shall be imposed for the act of
making a loss of VND 40,000,000 to less than VND 60,000,000;
dd) A
fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed for the
act of making a loss of VND 60,000,000 to less than VND 80,000,000;
e) A fine
ranging from VND 320,000,000 to VND 400,000,000 shall be imposed for the act of
making a loss of VND 80,000,000 to less than VND 100,000,000;
g) A fine
ranging from VND 400,000,000 to VND 480,000,000 shall be imposed for the act of
making a loss of VND 100,000,000 to less than VND 120,000,000;
h) A fine
ranging from VND 480,000,000 to VND 560,000,000 shall be imposed for the act of
making a loss of VND 120,000,000 to less than VND 140,000,000;
i) A fine
ranging from VND 560,000,000 to VND 200,000,000 shall be imposed for the act of
making a loss of VND 140,000,000 to less than VND 150,000,000;
4.
Penalties for the acts of rearing, storing, transporting, planting or
propagating invasive alien species within a conservation area in cases where
their development and spread are under control:
a) A fine
ranging from VND 50,000,000 to VND 100,000,000 shall be imposed on the offence
committed outside the strictly protected sub-zone;
b) A fine
ranging from VND 100,000,000 to VND 200,000,000 shall be imposed on the offence
committed inside the strictly protected sub-zone;
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a) Fines
shall be 20% to 30% more than the fines specified in clause 4 of this Article
if the offence is committed outside the strictly protected sub-zone;
b) Fines
shall be 40% to 50% more than the fines specified in clause 4 of this Article
if the offence is committed inside the strictly protected sub-zone.
Total
fine imposed for each act of offence specified in this clause must not exceed
VND 1,000,000,000.
6. A fine
ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for importing
invasive alien microorganisms.
7.
Penalties for importing invasive alien animals and plants are as follows:
a) A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit
involved in the offence is worth less than VND 10,000,000;
b) A fine
ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 10,000,000 to less than VND 20,000,000;
c) A fine
ranging from VND 80,000,000 to VND 160,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 20,000,000 to less than VND 40,000,000;
d) A fine
ranging from VND 160,000,000 to VND 240,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 40,000,000 to less than VND 60,000,000;
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e) A fine
ranging from VND 320,000,000 to VND 400,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 80,000,000 to less than VND 100,000,000;
g) A fine
ranging from VND 400,000,000 to VND 480,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 100,000,000 to less than VND 120,000,000;
h) A fine
ranging from VND 480,000,000 to VND 560,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 120,000,000 to less than VND 140,000,000;
i) A fine
ranging from VND 560,000,000 to VND 640,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 140,000,000 to less than VND 160,000,000;
k) A fine
ranging from VND 640,000,000 to VND 720,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 160,000,000 to less than VND 180,000,000;
l) A fine
ranging from VND 720,000,000 to VND 800,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 180,000,000 to less than VND 200,000,000;
m) A fine
ranging from VND 800,000,000 to VND 880,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 200,000,000 to less than VND 220,000,000;
n) A fine
ranging from VND 880,000,000 to VND 920,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 220,000,000 to less than VND 230,000,000;
o) A fine
ranging from VND 920,000,000 to VND 1,000,000,000 shall be imposed if the exhibit
involved in the offence is worth VND 230,000,000 to less than VND 250,000,000.
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Confiscating
exhibits or instrumentalities for committing administrative offences in case of
commission of the offences specified in this Article.
9.
Remedial measures:
a)
Mandatory destruction of all invasive alien species; mandatory restoration
to original state in case of commission of the offences specified in clauses 1,
2, 3, 4 and 5 of this Article;
b)
Mandatory re-export of illegally imported invasive alien species out of the
territory of the Socialist Republic of Vietnam in case of commission of the
offences specified in clauses 6 and 7 of this Article. If the re-export is
impossible, all illegally imported invasive alien species must be destroyed.
Article 52. Offences against regulations on management,
access and benefit sharing of genetic resources
1. A
warning shall be issued for perform one of the acts of failing to periodically
report or failing to report the operation as prescribed during the period of
access to genetic resources in support of research for non-commercial purposes
as specified in the license for access to genetic resources.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Failure to comply with the requirements stated in the plan to access to genetic
resources approved by the competent authority;
b)
Failure to notify the competent authority of the transfer to a third party the
genetic resources and their derivatives serving the same purposes of commercial
research and development of commercial products;
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d)
Failure to periodically report or failure to report the operation as prescribed
during the period of access to genetic resources in support of research for
non-commercial purposes or development of commercial products as specified in
the license for access to genetic resources;
dd)
Bringing genetic resources out of the Vietnam’s territory but failing to comply
with the requirements specified in the license for access to genetic resources
or the decision to permit the transfer of genetic resources abroad in service
of study or research for non-commercial purposes;
e)
Failure to use the license for access to genetic resources in accordance with
requirements and for its intended purposes.
3. A fine
ranging from VND 10,000,000 and VND 30,000,000 shall be imposed for
failure to exchange, transfer or provide assigned genetic resources to other
organizations or individuals in accordance with law provisions; transferring
genetic resources and their derivatives and changing their purposes specified
in the license for access to genetic resources, except for cases specified in
clauses 1 and 2 of this Article.
4. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for accessing to
genetic resources without the license granted by a competent authority or with
an expired license for access to genetic resources.
5.
Additional penalties:
a)
Suspending the license for access to genetic resources for 06 - 12 months in
case of commission of the offences specified in points a, b, c, d, dd and e
clause 2 of this Article;
b)
Confiscating exhibits or instrumentalities for committing administrative
offences in case of commission of the offences specified in clauses 3 and 4 of
this Article.
6.
Remedial measures:
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Article 53. Offences against regulations on scientific
research and technological development with respect to genetically modified
organisms, their products and genetically modified organism testing
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for failing to
disclose information about the level of risks and measures to manage risks to
the environment and biodiversity when doing research and developing
technologies for genetically modified organisms and their genetic specimens.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to
conduct research to produce, analysis, testing or isolation of genetically
modified organisms and/or their products at designated places.
3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Providing false information in the application for issuance of license for
genetically modified organism testing, the application for issuance of
certificate of biosafety of genetically modified organism or the application
for issuance of certificate of genetically modified organisms qualified for use
as foods or animal feeds;
b)
Failure to comply with the requirements specified in the license for
genetically modified organism testing, the certificate of biosafety of
genetically modified organism or the certificate of genetically modified
organisms qualified for use as foods, animal feeds.
4. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the
offences against regulations on genetically modified organism research and
testing:
a) Hiding
information about risks of adverse effects on the environment, biodiversity and
human health or domestic animals during the genetically modified organism
research and testing;
b)
Bringing into the Socialist Republic of Vietnam genetically modified organisms
that are not subject to the registered research proposal; not covered by the
approved genetically modified organism testing and plan.
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a)
Failure to strictly comply with regulations on isolation causing the release of
genetically modified organisms into the environment during the research and
testing;
b) Failure to adopt emergency response measures to thoroughly
handle and destroy genetically modified organisms if it is found that such
genetically modified organisms may cause risks, which are out of control, to
the environment, biodiversity, human health and domestic animals;
c)
Causing the release of genetically modified organisms into the environment
during the genetically modified organism research and testing.
6.
Additional penalties:
Suspending
the License for genetically modified organism testing, the decision on
accreditation of genetically modified organism laboratory or the decision on
accreditation of genetically modified organism testing facility for 06 - 12
months in case of commission of the offences prescribed in clause 5 of this
Article.
7.
Remedial measures:
a)
Mandatory destruction of all genetically modified organisms to which the
License for genetically modified organism testing or the certificate of
biosafety is not yet issued in case of commission of the offences specified in
clause 2, point b clause 3 and point b clause 4 of this Article;
b)
Mandatory application of remedial measures against environmental pollution in
case of commission of the offences prescribed in clauses 2, 4 and 5 of this
Article.
Article 54. Offences against regulations on production,
trading, import, storage and transport of genetically modified organisms and
their products
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2.
A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for
failing to comply with the requirements specified in the certificate of
biosafety.
3. A
warning or a fine ranging from VND 20,000,000 to VND 30,000,000 shall be
imposed for failing to disclose information about the level of risks and
measures to manage risks to the environment and biodiversity of genetically
modified organisms, genetic specimens and products of genetically modified
organisms.
4.
A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for producing
or trading genetically modified organisms without a certificate of biosafety as
prescribed.
5. A fine
ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the
following offences:
a)
Intentionally rearing, culturing or releasing genetically modified organisms
and/or their genetic specimens without a certificate of biosafety;
b)
Illegally importing genetically modified organisms and/or their genetic
specimens.
6. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the
following offences:
a)
Intentionally rearing, culturing or releasing genetically modified organisms
and/or their genetic specimens without a certificate of biosafety affecting the
environment and biodiversity;
b)
Illegally importing genetically modified organisms and/or their genetic
specimens affecting the environment and biodiversity.
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a)
Mandatory destruction of all genetically modified organisms and/or the genetic
specimens in case of commission of the offences specified in clause 4, point a
clause 5 and point a clause 6 of this Article;
b)
Mandatory re-export of shipments of genetically modified organisms and/or their
genetic specimens out of the territory of the Socialist Republic of Vietnam in
case of commission of the offences specified in point b clause 5 and point b
clause 6 of this Article. If the re-export is impossible, shipments of
genetically modified organisms and/or their genetic specimens must be
destroyed.
Article 55. Acts of obstructing state management,
inspection and imposition of penalties for administrative offences against
regulations on environmental protection
1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Causing difficulties in assessment, investigation, research or monitoring of
state of the environment or in performance of official duties by competent
persons;
b)
Uttering words or taking actions threatening, offending or hurting the honor of
a person on duty;
c)
Refusing to receive decision on inspection or supervision, decision on
imposition of penalty for administrative offence or decision to enforce the
implementation of decision on imposition of penalty for administrative offence;
d)
Failure to organize talks on environmental issues at the request of competent
environment authorities or according to complaints, denunciations or claims
made by relevant organizations/individuals as regulated.
2. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
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b)
Failure to provide or providing insufficient information or documents relating
to the inspection and imposition of penalty for administrative offence by the
law enforcer or competent authority;
c)
Failure to cooperate with or obstructing the task performance by the
inspectorate or person assigned to conduct inspection of environmental
protection;
d)
Failure to appoint any authorized representative as prescribed by law to attend
the ceremony to announce decision on inspection of environmental protection or
failure to appoint any authorized representative to work with the environment
inspectorate.
3. A fine
ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for deliberately
removing the seals of exhibits, facilities, factories, machinery and/or
equipment that is being sealed or impounded or hiding exhibits of offence or
deliberately make changes at scenes of administrative environmental protection
offences.
4. A fine
ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for any of the
following offences:
a)
Delaying or shirking the enforcement of decision on inspection or decision on
imposition of penalty for administrative environmental protection offence
issued by the competent person or authority;
b) Failure
to strictly and fully implement contents and requirements specified in the
conclusion on results of environmental protection inspection made by the
competent agency.
Chapter III
POWER TO IMPOSE PENALTIES AND MEASURES TO
ENFORCE PENALTY IMPOSITION DECISIONS
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1.
Chairpersons of communal People’s Committees have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 5,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
10,000,000;
d)
enforce the remedial measures mentioned in points a, b, c and dd clause 3
Article 4 of this Decree.
2.
Chairpersons of district-level People’s Committees have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 100,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in points a, b, c, dd, e, g, h, i, k,
l, m, n and o clause 3 Article 4 of this Decree.
3. Chairpersons of
provincial People’s Committees have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 57. Power to impose penalties for administrative
offences of People's Public Security
1.
Soldiers of the People’s Public Security in the performance of their duty have
the power to:
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b) impose
a maximum fine of VND 500,000.
2. Senior
officers of the persons mentioned in clause 1 of this Article have the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,500,000.
3.
Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at
border gates, export processing zones, Heads of International Airport Police,
Majors of Mobile Police Battalions, and Captains of Squadrons have the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 2,500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
5,000,000;
d) enforce the remedial measures mentioned in points a, c and
dd clause 3 Article 4 of this Decree.
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a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
dd)
enforce the remedial measures mentioned in points a, c, dd, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
5.
Directors of provincial Police Departments have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 100,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
6.
Director General of Police Department for Prevention and Control of
Environmental Crimes and Director General of Immigration
Department in the performance of their duty have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
Article 58. Power to impose penalties for administrative
offences of natural resources and environment inspecting authorities
1.
Inspectors and persons assigned to carry out specialized inspections in the
performance of their duty have the power to:
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b) impose
a maximum fine of VND 500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
1,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
2. Chief
Inspectors of provincial Departments of Natural Resources and Environment,
Chiefs of Specialized Inspectorates of provincial Departments of Natural
Resources and Environment and Vietnam Environment Administration have the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
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a) issue
warnings;
b) impose
a maximum fine of VND 250,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
500,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4. Chief Inspector of the
Ministry of Natural Resources and Environment and Director General of Vietnam
Environment Administration have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 59. Power of national defense inspecting
authorities
1. Chief
of Specialized Inspectorate of the Ministry of National Defense has the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 250,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
500,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
2. Chief
Inspector of the Ministry of National Defense has the power to:
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b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 60. Power of the Border Guard
1. The Border Guard officers
in the performance of their duty have the power to:
a) issue
warnings;
b) impose a maximum fine of VND 500,000.
2. Senior
officers of the persons mentioned in clause 1 of this Article have the power
to:
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b) impose
a maximum fine of VND 2,500,000.
3. The
leaders of Task Force Teams for Drug and Crime Prevention and Control which are
put under the control of Task Force Commissions for Drug and Crime Prevention
and Control have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 10,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
20,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
4.
Commanding Officers of Border Guard Posts, Captains of Naval Border Guard
Flotillas and Commanders of the Border Guard Commands at port border gates have
the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
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d)
enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
5.
Leaders of Task Force Commissions for Drug and Crime Prevention and Control as
an affiliate of the Department of Drug and Crime Prevention and Control under
the control of the Border Guard High Command have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 100,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
200,000,000;
d)
enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
6. Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons and
Director General of the Department of Drug and Crime Prevention and Control
affiliated to the Border Guard High Command have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
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d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
Article 61. Power of the Coast Guard
1. The
Border Guard officers in the performance of their duty have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,500,000.
2.
Captains of coastguard teams have power to:
a) issue
warnings;
b) impose
a maximum fine of VND 5,000,000.
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a) issue
warnings;
b) impose
a maximum fine of VND 10,000,000;
c)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
4.
Commanders of coastguard platoons have power to:
a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
50,000,000;
d) enforce the remedial measures mentioned in points a, c, d,
dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
5.
Commanders in chief of coastguard squadrons; Heads of Reconnaissance
Commissions; Heads of Task Force Commissions for Drug Crime Prevention and
Control under the control of the Command of Coast Guard of Vietnam have the
power to:
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b) impose
a maximum fine of VND 50,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
d)
enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
6.
Commanders of regional coastguard command centers and Director General of the
Department of Operations and Legislation under the control of the Command of
Coast Guard of Vietnam have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 100,000,000;
c)
suspend the license;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
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a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in points a, b, c, d, dd, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
Article 62. Power of customs authorities
1. Customs officers in
the performance of their duty have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 500,000.
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a) issue
warnings;
b) impose
a maximum fine of VND 5,000,000.
3.
Directors of Customs Sub-departments, Directors of Post-clearance Inspection
Sub-departments, Leaders of Control Teams of provincial, inter-provincial or
central-affiliated city Customs Departments, Leaders of Criminal Investigation
Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control
Flotillas, Leaders of Anti-smuggling, Counterfeit Product Control and
Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention
Department; Directors of Post-clearance Inspection Sub-departments as an
affiliate of the Post-clearance Inspection Department have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
50,000,000;
d)
enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
4.
Director of the Smuggling Investigation and Prevention Department, Director of
the Post-clearance Inspection Department, a subsidiary of the General
Department of Customs, and Directors of the provincial, inter-provincial or
central-affiliated city Customs Departments have the power to:
a) issue
warnings;
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c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
5. The
Director General of the General Department of Customs has the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
Article 63. Power of forest protection forces, fishery
resource surveillance forces and agriculture and rural development
inspecting authorities
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a) issue
warnings;
b) impose
a maximum fine of VND 500,000.
2.
Agriculture and rural development inspectors and persons assigned to carry out
specialized inspections of fishery have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
1,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
3.
Fisheries resources surveillance officers in the performance of their duty have
the power to:
a) issue
warnings;
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c)
confiscate exhibits and instruments of administrative offence worth up to VND
4,000,000;
4. Heads
of forest protection stations have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 10,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
20,000,000.
5. Heads
of Fishery Resource Surveillance Stations under Regional Fishery Resource
Surveillance Sub-departments have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 10,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
20,000,000;
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6.
Directors of district-level forest protection offices and heads of mobile
ranger and forest fire prevention and fighting teams have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
50,000,000;
d)
enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
7. Heads
of Forest Protection Sub-departments; Heads of Regional Forest Protection
Sub-departments and Leaders of Forest Protection Task Force Teams under the
Forest Protection Department have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
8. Chief
Inspectors of Departments of Agriculture and Rural Development, specialized
Inspectorates of provincial Departments of Agriculture and Rural Development,
chief of specialized inspectorate of the Directorate of Fisheries, chief of
specialized inspectorate of the Vietnam Administration of Forestry have the
power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
d) suspend the license or operation;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
9. Heads
of Regional Fishery Resource Surveillance Sub-departments have the power to:
a) issue
warnings;
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c)
confiscate exhibits and instruments of administrative offence;
d)
enforce the remedial measures mentioned in points a, b, d, g, h, i, k, l, m, n
and o clause 3 Article 4 of this Decree.
10. Chief
of specialized inspectorate of the Ministry of Agriculture and Rural
Development have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 250,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
500,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
11.
Director General of the Forest Protection Department has the power to:
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b) impose
a maximum fine of VND 500,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
12.
Director General of the Director General of the Viet Nam Fisheries Resources
Surveillance has the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
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13. Chief Inspector of
Ministry of Agriculture and Rural Development, Director General of Vietnam
Administration of Forestry and Director General of Directorate of Fisheries
have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 64. Power of industry and trade inspecting
authorities and market surveillance authorities
1. Market
surveillance officials in the performance of their duty have the power to:
a) issue
warnings;
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2.
Industry and trade inspectors in the performance of their duty have the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
1,000,000;
d) enforce
the remedial measures mentioned in points a, c and dd clause 3 Article 4 of
this Decree.
3. Heads
of Market Surveillance Teams and Heads of Professional Division affilited to
the Market Surveillance Operations Department shall have the powers to:
a) issue
warnings;
b) impose
a maximum fine of VND 25,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
50,000,000;
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4. Chief
inspectors of Departments of Industry and Trade, Chiefs of specialized
inspectorates of Departments of Industry and Trade have the powers to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
5.
Directors General of provincial Market Surveillance Departments and Director
General of the Market Surveillance Operations Department affiliated to the
Vietnam Directorate of Market Surveillance have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
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d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k,
l, m, n and o clause 3 Article 4 of this Decree.
6. Chief
of Specialized Inspectorate of the Ministry of Industry and Trade has the power
to:
a) issue
warnings;
b) impose
a maximum fine of VND 250,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
500,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
7. The
Director General of the Vietnam Directorate of Market Surveillance has the
power to:
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b) impose
a maximum fine of VND 1,000,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k,
l, m, n and o clause 3 Article 4 of this Decree.
8. Chief
Inspector of the Ministry of Industry and Trade has the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
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Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 65. Power of maritime administrations, airports
authorities and inland waterways port authorities
1. Chief
representatives of maritime administrations, chief representatives of airports
authorities, chief representatives of inland waterways port
authorities have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 10,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
20,000,000.
2.
Directors of maritime administrations, directors of airports authorities and
directors of inland waterways port authorities have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l,
m, n and o clause 3 Article 4 of this Decree.
3. Chief
Inspector of Vietnam Maritime Administration and Chief Inspector of Civil
Aviation Authority of Vietnam have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4.
Director General of Vietnam Inland Waterway Administration, Director General of
Vietnam Maritime Administration and Director General of Civil Aviation
Authority of Vietnam have the power to:
a) issue
warnings;
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c)
confiscate exhibits and instruments of administrative offence;
d)
suspend the license or operation;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 66. Power to impose penalties for administrative
offences of culture, sports and tourism inspecting authorities
1. Culture, sports and
tourism inspectors in the performance of their duty have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
1,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
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a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
3. Chiefs
of specialized culture, sports and tourism inspectorates of the Ministry of
Culture, Sports and Tourism have the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 250,000,000;
c)
suspend the license or operation;
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dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4. Chief
Inspector of Ministry of Culture, Sports and Tourism has the power to:
a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the license or operation;
d)
confiscate exhibits and instruments of administrative offence;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 67. Power of Health Environment Management Agency
1.
Persons assigned to carry out specialized inspections of health environment
management in the performance of their duty have the power to:
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b) impose
a maximum fine of VND 500,000;
c)
confiscate exhibits and instruments of administrative offence worth up to VND
1,000,000;
d)
enforce the remedial measures mentioned in points a, c and dd clause 3 Article
4 of this Decree.
2. Chief
of specialized inspectorate of Health Environment Management Agency has the
power to:
a) issue
warnings;
b) impose
a maximum fine of VND 50,000,000;
c)
suspend the environmental license or operation;
d)
confiscate exhibits and instruments of administrative offence worth up to VND
100,000,000;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
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a) issue
warnings;
b) impose
a maximum fine of VND 1,000,000,000;
c)
suspend the environmental license or operation;
d) confiscate exhibits and instruments of administrative
offence;
dd)
enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 68. Delegation of power to impose administrative
environmental protection offences; transfer of files on cases suspected of
environmental crimes for initiation of criminal prosecution
1. The forces’ power to
impose penalties for administrative environmental protection offences shall be
delegated as follows:
a)
Chairpersons of People’s Committees at all levels have the power to impose
penalties for the administrative offences prescribed in Chapter II hereof
within their scope of management;
b)
Natural resources and environment inspecting authorities have the power to
impose penalties for the administrative offences prescribed in Chapter II
hereof;
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d)
National defense inspecting authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences specified in
Article 10 and Article 13 if the EIAR appraisal result is within their power to
approve; Article 11 and Article 12 if the environment license is within their
power to issue.
dd) The
Coast Guard, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences committed within territorial
waters, exclusive economic zones and zones under the sovereignty of the
Socialist Republic of Vietnam specified in Articles 18, 19, 20, 21 and 24;
point d clause 2, clause 4 Article 25; clause 8 Article 26; Article 27; clauses
5, 6 and 7 Article 29; clauses 5, 6 and 7 Article 30; points g and h clause 3
Article 34; Articles 36 and 39; clause 2 Article 40; clause 5 Articles 47 and
55 of this Decree;
e) The
Border Guard, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences specified in Articles 25, 26, 27, 29, 30, 36,
39, 49; 51, 52, 54 and 55 of this Decree;
g) Forest
protection forces and forestry inspectors, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
ranger’s activities specified in Articles 47, 49, 50, 51, 52, 53, 54 and 55 of
this Decree. Fishery resource surveillance forces, within their power, and
within the sectors under their management and scope of duties, have the power
to impose penalties for the administrative environmental protection offences
involving fishery resource surveillance activities specified in point a clause
2 Article 36; clause 5 Article 47; clauses 6 and 7 Article 51; point b clause
5, point b clause 6 Article 54 and Article 55 of this Decree. Agriculture and
rural development inspecting authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
agriculture and rural development activities specified in point a clause 2
Article 36; Article 41; Articles 45, 47, 49, 50, 51, 52, 53, 54 and 55 of this
Decree. Fishery inspecting authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
fishery activities specified in point a clause 2 Article 36; Articles 47, 49,
50, 51, 52, 53, 54 and 55 of this Decree;
h)
Maritime administrations, within their power, and within the sectors under
their management and scope of duties, have the power to impose penalties for
the administrative environmental protection offences involving maritime
activities specified in Articles 36, 39, 40 and 55 of this Decree; inland
waterways port authorities, within their power, and within the sectors under their
management and scope of duties, have the power to impose penalties for the
administrative environmental protection offences committed within inland
waterways specified in Articles 39, 40 and 55 of this Decree; airports
authorities, within their power, and within the sectors under their management
and scope of duties, have the power to impose penalties for the administrative
environmental protection offences committed within aviation areas specified in
clauses 2 and 5 Articles 25 and 55 of this Decree;
i) Customs authorities, within their power, and within the
sectors under their management and scope of duties, have the power to impose
penalties for the administrative environmental protection offences involving
customs activities specified in Article 27; clauses 1 and 2 Article 34; points
d and e clause 1, clause 3 Article 25; clause 4 Article 46; Articles 51, 54 and
55 of this Decree;
k) Market
surveillance authorities, within their power, and within the sectors under
their management and scope of duties, have the power to impose penalties for
the administrative environmental protection offences involving market
surveillance activities, commodities and the trading in and use of wild animals
specified in Articles 46, 49, 51, 52, 54 and 55 of this Decree; industry and
trade inspecting authorities, within their power, and within the sectors under
their management and scope of duties, have the power to impose penalties for
the administrative environmental protection offences specified in Articles 45
and 46 of this Decree;
l)
Culture, sports and tourism inspecting authorities, within their power, and
within the sectors under their management and scope of duties, have the power
to impose penalties for the administrative environmental protection offences
specified in Article 22; clauses 2 and 5 Article 25 of this Decree;
m) Health
environment management authorities, within their power, and within the sectors
under their management and scope of duties, have the power to impose penalties for
the administrative offences committed within hospitals and health facilities
specified in clause 2, point a clause 3, clause 8 Article 26; clauses 1 and 2,
points a, d, d, dd, e and g clause 3, clauses 4, 5 and 7 Article 29 of this
Decree.
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a) The
transfer of files on cases suspected of environmental crimes to competent criminal
proceeding agencies and transfer of files on offence cases for imposition of
administrative penalties shall comply with the regulations laid down in
Articles 62 and 63 of the Law on Penalties for Administrative Violations and
Criminal Procedure Code;
b) For an
offence case suspected of environmental crimes detected through the inspection,
regulations of law on inspection shall be complied with.
Article 69. Procedures for suspending environmental
licenses or operation or enforcing the application of remedial measures and
responsibility of relevant authorities, organizations and individuals
1.
Procedures for suspending the license or operation of the organizations and
individuals prescribed in Chapter II of this Decree shall comply with
regulations of Law on Penalties for Administrative Violations.
2. An
organizational or individual whose environmental license or operation has been
suspended have production/business activities and services causing
environmental pollution, agencies making decision on imposition of
administrative penalties shall assume the following responsibilities:
a) The Ministry of Natural Resources and Environment shall
cooperate with provincial People’s Committees, Ministries and central
authorities concerned in directing authorities and organizations to suspend the
environmental license or operation in cases where the environmental license is
issued by the Ministry. To be specific:
The
Management Board of economic zones, industrial parks, export processing zones
and high-tech zones shall preside over and cooperate with the provincial
Department of Natural Resources and Environment, authorities of the persons
imposing penalties, People's Public Security at all levels, People’s Committees
of the commune where the organization or individual commits the offence and
relevant authorities in sealing factories, machinery and equipment of the
organization or individual on the beginning date of the suspension of the environmental license or
operation which is written on the penalty imposition decision in cases where
the organization or individual commits the offence within an area of the
Management Board of economic zones, industrial zones, export processing zones
and high-tech zones;
The
provincial Department of Natural Resources and Environment shall preside over
and cooperate with authorities of the persons imposing penalties, People's
Public Security at all levels, People’s Committee of the district or commune
where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension of the environmental
license or operation which is written on the penalty imposition decision in
cases where the organization or individual does not commit the offence within
an area of the Management Board of economic zones, industrial zones, export
processing zones and high-tech zones and commits the offence within at least 02
districts;
The
district-level People’s Committee shall preside over and cooperate with the
provincial Department of Natural Resources, authorities of the persons imposing
penalties, People's Public Security at all levels, People’s Committee of the
district or commune where the organization or individual commits the offence
and relevant authorities in sealing factories, machinery and equipment of the
organization or individual on the beginning date of the suspension of the
environmental license or operation which is written on the penalty
imposition decision in cases where the organization or individual does not
commit the offence within an area of the Management Board of economic zones,
industrial zones, export processing zones and high-tech zones and commits the
offence within 01 district;
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The
Management Board of economic zones, industrial parks, export processing zones
and high-tech zones shall preside over and cooperate with the provincial
Department of Natural Resources and Environment, authorities of the persons
imposing penalties, People's Public Security at all levels, People’s Committees
of the commune where the organization or individual commits the offence and
relevant authorities in sealing factories, machinery and equipment of the
organization or individual on the beginning date of the suspension of the
environmental license or operation which is written on the penalty imposition
decision in cases where the organization or individual commits the offence
within an area of the Management Board of economic zones, industrial zones,
export processing zones and high-tech zones;
The
provincial Department of Natural Resources and Environment shall preside over
and cooperate with authorities of the persons imposing penalties, People's
Public Security at all levels, People’s Committee of the district or commune
where the organization or individual commits the offence and relevant
authorities in sealing factories, machinery and equipment of the organization
or individual on the beginning date of the suspension of the environmental
license or operation which is written on the penalty imposition decision in
cases where the organization or individual does not commit the offence within
an area of the Management Board of economic zones, industrial zones, export
processing zones and high-tech zones and commits the offence within at least 02
districts;
The
district-level People’s Committee shall preside over and cooperate with the
provincial Department of Natural Resources, authorities of the persons imposing
penalties, People's Public Security at all levels, People’s Committee of the
district or commune where the organization or individual commits the offence
and relevant authorities in sealing factories, machinery and equipment of the
organization or individual on the beginning date of the suspension of the
environmental license or operation which is written on the penalty imposition
decision in cases where the organization or individual does not commit the
offence within an area of Management Board of economic zones, industrial zones,
export processing zones and high-tech zones and commits the offence within 01
district;
c) The
district-level People’s Committee shall preside over and cooperate with
authorities of the persons imposing penalties, district-level police and
People’s Committee of the commune where the organization or individual commits
the offence and relevant authorities in sealing factories, machinery and
equipment of the organization or individual on the beginning date of the
suspension of the environmental license or operation which is written on
the penalty imposition decision in cases where the district-level People's
Committee issues the environmental license to the violating organization or
individual.
3. Responsibilities of
organizations and individuals whose license or operation has been
suspended or that are compelled to take remedial measures against offences are
as follows:
a)
Organizations and individuals whose license or operation has been suspended
must strictly comply with penalty imposition decisions, enable competent
authorities to fulfil their duties and are permitted to resume their operation
only when the competent authority confirms the completed remediation of
consequences of offences;
b)
Organizations and individuals that are compelled to take remedial measures
against offences must strictly comply with penalty imposition decisions, submit
remedial action reports to authorities which impose the penalties and
authorities which have granted the license for inspection and supervision;
c) If an
offence causes environmental pollution or it is mandatory to renovate, upgrade
and build environmental protection works, the violating individual or
organization must promptly implement remedial measures. After completing
remedial measures, the violating individual or organization must send a report
on plan on trial operation of environmental protection works to competent
authorities specified in point a clause 1 Article 70 of this Decree for
inspection, supervision and approval for trial operation in accordance with
regulations of law.
Article 70. Inspection and confirmation of results of
implementation of remedial measures against administrative environmental protection offences
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a) At least 15 working days before the expiry date of the
suspension of the environmental license/operation or implementation of remedial
measures, the violating individual or organization must send a report on result
of completed remediation of consequences of environmental protection offence
(enclosed with documents, data and results of analysis of waste samples in
conformity with environmental technical regulations conducted by a functional
authority) to the competent authority of the person imposing penalties.
The
report on result of completed remediation of consequences of environmental
protection offence includes general information about the individual or
organization (name of individual or organization, address, operating location,
account, investment certificate, business registration certificate, license,
penalty imposition decision, inspection and examination conclusions); results
of completed remediation of consequences of environmental protection offence (result
of remediation of offence against regulations on wastewater, result of
remediation of offence against regulations on dust and emissions, result of
remediation of offence against regulations on noise, result of remediation of
offence against regulations on vibration, result of remediation of offence
against regulations on management of normal solid waste, hazardous waste,
result of remediation of other environmental protection offences).
b) Within
05 working days from the date of receiving the report on result of completed
remediation of consequences of environmental protection offence, the competent
authority shall inspect the remediation according to the penalty imposition
decision and environmental protection inspection conclusion (if any). The inspectorate
establishment decision; inspection record shall be made in accordance with
regulations of law on environmental protection and inspection;
c) In
case the individual or organization has completed the remediation of
consequences of the environmental protection offence, the competent authority
shall, within 05 working days from the end of the remediation inspection
(except for cases where inspection, measurement and analysis of environmental
samples by third parties are necessary), give a conclusion on the remediation
inspection and remove the seals (if any) so as for the individual or
organization to resume their operation;
d) In
cases where the organization or individual has yet to complete the remediation
of consequences of the environmental protection offence, they shall continue
the remediation provided that the time limit for remediation written on the
penalty imposition decision is not exceeded; if the time limit is not long
enough to carry out the remediation, such organization or individual shall request
a competent authority to consider extending it but not exceeding 24 months; if
the violator does not carry out the remediation on purpose, they shall be
compelled to implement remedial measures in accordance with regulations of law.
2. Procedures for inspection
and certification of result of remedial measures against administrative
offences taken by an individual or organization whose environmental license or
operation is suspended before the operation resumption or that is compelled to implement
remedial measures in cases the person imposing penalties works for the
competent authority issuing environmental license:
a) At least 15 working days before the expiry date of the
suspension of the environmental license/operation or implementation of remedial
measures, the violating individual or organization must send a report on result
of completed remediation of consequences of environmental protection offence
(enclosed with documents, data and results of analysis of waste samples in
conformity with environmental technical regulations conducted by a functional
authority) to:
-
Specialized authorities and units affiliated to the Ministry of Natural
Resources and Environment exercising the functions of inspecting the
remediation of consequences of the environmental administrative offence (if the
project or dedicated area for production, business and service provision has
its environment license granted by the Ministry of Natural Resources and
Environment);
- The
provincial Department of Natural Resources and Environment (if the project or
dedicated area for production, business and service provision has its
environment license granted by the provincial People’s Committee);
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The
report on result of completed remediation of consequences of environmental
protection offence must be also sent to the authority of the person imposing
penalties for cooperation in conducting a remediation inspection;
b) Within
05 working days from the date of receiving the report on result of completed
remediation of consequences of environmental protection offence, the competent
authority specified in point a of this clause shall preside over and cooperate
with the authority of the person conducting the remediation inspection
according to the penalty imposition decision and environmental protection
inspection conclusion (if any). Where necessary, a specialized authority or
unit affiliated to the Ministry of Natural Resources and Environment exercising
the functions of inspecting the remediation of consequences of the
environmental administrative offence shall assign the provincial Department of
Natural Resources and Environment to inspect the remediation in cases where
such specialized authority or unit is responsible for the inspection. The
inspectorate establishment decision; inspection record shall be made in
accordance with regulations of law on environmental protection and inspection;
c) In
case the individual or organization has completed the remediation of
consequences of the environmental protection offence, the competent authority
specified in point a of this clause shall, within 05 working days from the end
of the remediation inspection (except for cases where inspection, measurement
and analysis of environmental samples by third parties are necessary), give a
conclusion on the remediation inspection and at the same time request the
responsible authorities specified in points a, b and c clause 2 Article 69 of
this Decree to remove the seals (if any) so as for the individual or
organization to resume their operation;
d) In
cases where the organization or individual has yet to complete the remediation
of consequences of the environmental protection offence, they shall continue
the remediation provided that the time limit for remediation written on the
penalty imposition decision is not exceeded; if the time limit is not long enough
to carry out the remediation, such organization or individual shall request the
competent authority specified in point a of this clause to consider extending
it but not exceeding 24 months; if the violator does not carry out the
remediation on purpose, they shall be compelled to implement remedial measures
in accordance with regulations of law.
3. If the business
establishment or dedicated area for production, business and service provision
is granted the environment license by multiple licensing authorities, the
authority having the power to inspect the remediation is the superior authority
which issued the environmental license. Where necessary, superior authority
shall assign an inferior authority to conduct the remediation inspection.
4. For administrative
offences subject to remedial measures applied in the form of mandatory
preparation of EIARs, environmental registration and preparation of application
for issuance of environmental license, procedures for inspection and
confirmation that the consequences of offences have been completely remedied
with regard to individuals and organizations shall be integrated into the
processes of appraisal and approval of EIARs, receipt of application and
issuance of environmental license by competent authorities. Results of
processing of these administrative procedures shall replace remediation
conclusions as provided in this Article.
Article 71. Regulations on offence notices and power to
make notices and decisions on imposition of penalties for administrative environmental
protection offences
1.
Administrative environmental protection offence notices shall be subject to
regulations of Law on Penalties for Administrative Violations.
2. The
following persons have the power to make administrative environmental protection
offence notices:
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b)
Officials and public employees performing environmental protection tasks of the
Ministry of Natural Resources and Environment; authorities assigned to exercise
their functions of specialized inspection of environmental protection,
authorities assigned to exercise their functions of inspection of compliance
with law on environmental protection affiliated to the Ministry of Natural
Resources and Environment; provincial Departments of Natural Resources and
Environment; Environmental Protection Sub-departments and Management Boards of
economic zones, industrial parks and export processing zones of provinces and
central-affiliated cities; district-level Departments of Natural Resources and
Environment affiliated to district-level People’s Committees;
c)
Officials and persons working for the People's Army and People's Public
Security Forces who are performing environmental protection tasks of sectors
under their management affiliated to Ministries and ministerial agencies;
d)
Officials of communes, wards and commune-level towns who are performing
environmental protection tasks within their communes, wards and commune-level
towns;
dd)
Public order officers who are performing environmental protection tasks in
urban areas, apartment buildings, commercial, service or public areas;
e)
Officials of forest management boards, management boards of national parks,
wildlife sanctuaries and biosphere reserves who are performing environmental
protection tasks.
3. Forms
of notices and decisions used in imposition of penalties for administrative
environmental protection offences shall comply with regulations of the Decree
elaborating some Articles of Law on Penalties for Administrative Violations.
4. Persons having power to
impose penalties for administrative offences may impose administrative
penalties without needing to making offence notices in case of commission of
the offences prescribed in Articles 25, 45, 46, 49, 50, 52 and 53 or may impose
fines of up to VND 250,000 on perpetrating individuals or VND 500,000 on
perpetrating organizations in case of commission of the offences prescribed in
points a and b clause 2 Article 25 of this Decree; except the administrative
offences discovered by using technical devices and equipment.
Article 72. Disclosure of information about administrative
environmental protection offences
Information
about individuals and organizations committing administrative environmental
protection offences leading to serious consequences or adversely affecting
public opinion shall be disclosed in the following cases:
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2.
Individuals and organizations whose activities causing environmental pollution
or establishment’s activities causing environmental pollution have been
suspended.
3.
Business establishments subject to remedial measures applied in the form of
mandatory relocation for assurance of consistency with the planning,
environmental zoning and environmental carrying capacity approved by a
competent authority as prescribed.
4.
Individuals and organizations incurring penalties in the cases specified in
point g clause 2, clause 5 and clause 7 of Article 32; point g clause 2 and
clause 4 of Article 33.
5. Other
cases decided by persons having power to impose penalties for administrative
offences as prescribed by law.
Article 73. Enforcement of penalty imposition decisions;
responsibility for organizing implementation of decisions to enforce
application of additional penalty in the form of operation suspension or
enforce application of remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed
1.
Enforcement measures, power, contents, procedures and organization of
enforcement of implementation of decisions on imposition of penalties for
administrative environmental protection offences shall comply with regulations
of law on penalties for administrative violations.
2.
Responsibility for organizing implementation of decisions to enforce
application of additional penaltiy in the form of operation suspension or
enforce application of remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed:
a)
Chairperson of the provincial People’s Committee shall direct the
implementation of decisions to enforce application of additional penalty in the
form of operation suspension or enforce application of remedial measure in the
form of mandatory relocation of projects and business establishments for
assurance of consistency with the planning, environmental zoning and environmental
carrying capacity approved by a competent authority as prescribed;
Management
Boards of economic zones, industrial parks, export processing zones and
high-tech zones shall preside over and cooperate with provincial Departments of
Natural Resources and Environment, People's Public Security at all levels,
People’s Committees of communes where organizations and individuals commit
offences and relevant authorities in organizing the implementation of decisions
to enforce application of additional penalty in the form of operation
suspension or enforce application of remedial measure in the form of mandatory
relocation of projects and business establishments for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed in cases where the
organizations and individuals commit the offences within areas of the
Management Boards of economic zones, industrial zones, export processing zones
and high-tech zones;
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District-level
People’s Committees shall preside over and cooperate with Departments of
Natural Resources and Environment, district-level police, People’s Committees
of communes where organizations and individuals commit offences and relevant
authorities in organizing the implementation of decisions to enforce
application of additional penalty in the form of operation suspension or
enforce application of remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed in cases where the organizations and
individuals do not commit the offences within areas of the Management Boards of
economic zones, industrial zones, export processing zones and high-tech zones
and commit the offences within 01 district;
b)
People’s Committees of districts where business establishments which are
enforced to incur an additional penalty in the form of operation suspension or
be subject to a remedial measure in the form of mandatory relocation of
projects and business establishments for assurance of consistency with the
planning, environmental zoning and environmental carrying capacity approved by
a competent authority as prescribed shall direct relevant authorities to
cooperate in enforcing operation suspension and relocation of projects and
business establishments as prescribed;
c) People’s Public Security at all levels concerned shall
assume responsibility to ensure the public order and security during the
implementation of enforcement measures, assign personnel to prevent acts
causing disruption or opposing law enforcers during the implementation of
decisions to enforce application of additional penalty in the form of operation
suspension or enforce application of remedial measure in the form of mandatory
relocation of projects and business establishments for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed upon request.
Article 74. Responsibilities of individuals and
organizations concerned for implementation of decisions to enforce application
of additional penalty in the form of operation suspension or enforce
application of remedial measure in the form of mandatory relocation of projects
and business establishments for assurance of consistency with the planning,
environmental zoning and environmental carrying capacity approved by a
competent authority as prescribed
1. Any
individual or organization related to the entity that is enforced to implement
the decision to enforce application of additional penalty in the form of
operation suspension or enforce application of remedial measure in the form of
mandatory relocation of project or business establishment for assurance of
consistency with the planning, environmental zoning and environmental carrying
capacity approved by a competent authority as prescribed shall cooperate in
enforcing application of additional penalty in the form of operation suspension
or enforcing application of remedial measure in the form of mandatory
relocation upon request.
2. State
Treasuries, commercial banks and other credit institutions shall implement
measures to freeze deposit accounts from the date of enforcement specified in
the decision to enforce application of additional penalty in the form of
operation suspension or enforce application of remedial measure in the form of
mandatory relocation of projects and business establishments for assurance of
consistency with the planning, environmental zoning and environmental carrying
capacity approved by a competent authority as prescribed.
Article 75. Responsibilities of ministries and central
authorities for application of additional penalty in the form of operation
suspension or enforced application of remedial measure in the form of mandatory
relocation of projects and business establishments for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed
The
Minister of Natural Resources and Environment, Ministers and heads of ministerial
agencies shall, within their jurisdiction, cooperate with Chairpersons of
People’s Committees of provinces and central-affiliated cities in implementing
decisions to enforce application of additional penalty in the form of operation
suspension or enforce application of remedial measure in the form of mandatory
relocation of projects and business establishments for assurance of consistency
with the planning, environmental zoning and environmental carrying capacity
approved by a competent authority as prescribed.
Chapter IV
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Article 76. Transitional clauses
1.
Regulations of the Government’s Decree No. 155/2016/ND-CP dated November 18,
2016 and Decree No. 55/2021/ND-CP May 24, 2021 shall apply to the
administrative environmental protection offences which have been committed
before the effective date of this Decree but are detected or being considered
when this Decree takes effect if this Decree does not provide for legal
liability or impose less serious legal liability.
2. The
decision and report on environmental impact assessment approved as prescribed
by law are equivalent to the decision to approve EIAR appraisal result when
considering and determining offences as prescribed in this Decree.
3. The
competent environmental license issued as prescribed by law is equivalent to
the environmental license when considering and determining offences as
prescribed in this Decree.
4. The
environmental protection plan certified as prescribed by law is equivalent to
the following documents when considering and determining offences as prescribed
in this Decree:
a) The
environmental license issued by the provincial People’s Committee if the
environmental protection plan is certified by the provincial specialized
environmental protection authority;
b) The
environmental license issued by the district-level People’s Committee if the
environmental protection plan is certified by the district-level People’s
Committee.
5. The
environmental protection deposit payment scheme, environmental improvement and
remediation scheme; environmental improvement and remediation project;
environmental improvement and remediation plan supplemented as prescribed by
law are equivalent to the environmental improvement and remediation plan when
considering and determining offences as prescribed in this Decree.
Article 77. Effect
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2. The
Government’s Decree No. 155/2016/ND-CP dated November 18, 2016 and Decree No.
55/2021/ND-CP May 24, 2021 shall cease to have effect from the effective date
of this Decree.
Article 78. Responsibility for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
People’s Committees of provinces and central-affiliated cities are responsible
for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh
APPENDIX
LIST OF HAZARDOUS ENVIRONMENTAL
PARAMETERS IN WASTE
(Enclosed with the Government’s Decree No. 45/2022/ND-CP dated July 07,
2022)
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No.
Hazardous compounds
Chemical formula
A
Hazardous
inorganic compounds
Group of
heavy metals and their inorganic compounds (expressed as metal elements)
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Arsenic
As
2
Cadmium
Cd
3
Lead
Pb
4
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Zn
5
Nickel
Ni
6
Mercury
Hg
7
Chromium
VI
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Other
inorganic compounds
8
Fluoride,
except for calcium fluoride
F-
9
Cyanide/Total
Cyanide
CN-
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Hazardous
organic compounds
1
Total
phenol
2
PCB
3
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4
Mineral
oil
5
Organochlorine
pesticides
6
Organophosphorus
pesticides
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7
Absorbable
organic halides (AOX)
II. HAZARDOUS ENVIRONMENTAL PARAMETERS IN AIR AND EMISSIONS
No.
Hazardous environmental parameters
Chemical formula
A
Inorganic
compounds
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1
Arsenic
and its compounds, expressed as As
As
2
Hydrochloric
acid
HCl
3
Gaseous
HNO3 (other sources), expressed as NO2
HNO3
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Gaseous
H2SO4 or SO3, expressed as SO3
H2SO4
5
Silica
dust
6
Cadmium
and its compounds, expressed as Cd
Cd
7
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Cl2
8
Fluorine,
HF or inorganic fluorine compounds, expressed as HF
9
Mercury
(metal and its compounds, expressed as Hg)
Hg
10
Hydrogen
cyanide
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11
Lead and
its compounds, expressed as Pb
Pb
12
Total
heavy metals and their compounds
B
Organic
compounds
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Acetaldehyde
CH3CHO
2
Acrolein
CH2=CHCHO
3
Aniline
C6H5NH2
4
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NH2C6H4C6H4NH2
5
Benzene
C6H6
6
Chloroform
CHCl3
7
Formaldehyde
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8
Naphtalene
C10H8
9
Phenol
C6H5OH
10
Tetrachloroethylene
C2Cl4
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Vinyl
chloride
ClCH=CH2
12
Methyl
mercaptan
CH3SH
13
Styrene
C6H5CH=CH2
14
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C6H5CH3
15
Xylene
C6H4(CH3)2
16
Total
dioxins/furans