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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 55/2021/ND-CP
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Hanoi, May 24,
2021
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DECREE
PRESCRIBING
AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF GOVERNMENT’S DECREE NO. 155/2016/ND-CP
DATED NOVEMBER 18, 2016 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
ENVIRONMENTAL PROTECTION REGULATIONS
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amending and Supplementing certain Articles of
the Law on Government Organization and the Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on environmental protection
dated June 23, 2014;
Pursuant to the Law on biodiversity dated
November 13, 2008;
Pursuant to the Law on environmental police
forces dated December 23, 2014;
At the request of Minister of Natural Resources
and Environment;
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Article 1. Amendments and
supplements to several Articles of the Government’s Decree No. 155/2016/ND-CP
dated November 18, 2016 on penalties for administrative violations against
environmental protection regulations as follows:
1. Amending point a of clause 2 of Article 1 as
follows:
“a) Violations against regulations on environmental
protection plans, environmental impact assessment;”
2. Adding clause 3 and 4 to Article 2 as follows:
“3. Entities penalized for administrative
violations against regulations on environmental protection under the provisions
of this Decree, including:
a) Private companies, joint-stock companies,
limited liability companies, partnership businesses and affiliates of
enterprises (e.g. branches, representative offices) that are established under
the Law on Enterprises;
b) Cooperatives and cooperative alliances that are
established in accordance with the Law on Cooperatives;
c) Foreign investors, foreign-invested economic
organizations, representative offices and branches of foreign traders in
Vietnam, and representative offices of foreign trade promotion organizations in
Vietnam, all of which are established in accordance with the Law on Investment;
d) State regulatory authorities committing any
violation that is not within the assigned scope of the state management;
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e) Public service units;
g) Other organizations stipulated by law.
4. Persons having competence in issuing notices of
administrative violations; persons having competence in sanctioning
administrative violations against environmental protection regulations; other
agencies and organizations related to environmental protection activities.”
3. Amending and supplementing clause 4, 7, 8, 10
and 11 of Article 3 and adding clause 14 and 15 to Article 3 as follows:
a) Amending clause 4 as follows:
“4. Hazardous environmental parameters in emission
and air environment refer to the environmental parameters specified in the
national technical regulation on hazardous substances in ambient air
thresholds, and several parameters named in the national technical regulation
on wastes, with details stated in Section II of the Annex I to this Decree.”
b) Amending clause 7 and 8 as follows:
“7. Environmental protection plan includes
the declaration on production activities that cause impacts on the environment;
the certified environmental protection project; the simplified environmental
protection project; the registration of satisfaction of environmental
standards; the environmental protection commitment and the environmental
protection plan.
8. Environmental impact assessment (EIA) report
includes the detailed EIA report; the EIA report made by the active business
establishment; the approved environmental protection project; the detailed
environmental protection project; the addition EIA report and the EIA report.”
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“10. Certification of completion of
environmental protection project includes the certificate of fulfillment of
requirements of the approved environmental protection project; the
certificate of completion of the detailed environmental protection project; the
certificate of compliance with contents of the EIA report and requirements of
the decision on approval of the EIA report before the project is officially put
into operation; the certificate of implementation of environmental protection
works and measures in preparation for the project’s operation; the certificate
of execution of one of the parts of the project already receiving investment in
case where such investment is phased before that project is officially put into
operation and the certificate of completion of environmental protection
project.”
d) Amending clause 11 as follows:
“11. Environmental protection works,
including waste treatment; solid waste collection and storage and other
environmental protection works according to regulations.”
d) Adding clause 14 and 15 to Article 3 as follows:
“14. Suspension of polluting activities of
establishment in this Decree refers to the suspension of operations of parts or
items that directly cause environmental pollution or discharge an amount of
wastes in excess of the permissible level stated in the technical regulation on
environment to the extent that it is likely to cause environmental pollution.
15. Typical municipal solid waste mentioned in this
Decree includes ordinary solid waste arising from medical activities;
construction activities; animal husbandry activities; packaging of used plant
protection chemicals off which hazardous ingredients have been cleaned; sludge
dredged from canals and irrigation works; sludge dredged from seas, rivers,
lakes and other bodies of water.”
4. Adding point c to clause 2, and point o, p, q,
r, s and t to clause 3 and 4 of Article 4 as follows:
a) Adding point c to clause 2 as follows:
“c) Applying the additional penalty existing in the
form of suspension of operation for a definite period 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 violations do not lead to environmental pollution, or they have
stopped committing violations or have completely remedied the consequences of
their administrative violations. The time of suspension of operation for a
definite period 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.”
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“o) Compelling the relocation of projects or
facilities to other locations to ensure consistency with the planning approved
by a competent authority;
p) Compelling the review and renovation of waste disposal
works to meet technical requirements on environmental protection as legally
prescribed;
q) Compelling the installation of automatic and
continuous wastewater or emission monitoring equipment or systems in accordance
with regulations within the time limit set by the person having sanctioning
competence in administrative sanction decisions;
r) Compelling the formulation of an environmental
protection plan and send it through to a competent state authority for
certification in accordance with regulations;
s) Compelling the preparation of environmental
impact assessment reports for projects on renovation, upgradation and addition
of environmental protection works and submitting them to competent authorities
to seek their consent according to regulations;
t) Compelling the 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.”
c) Adding clause 4 as follows:
“4. The application of remedial measures specified
at point a, c, h and m of clause 3 of this Article shall only be allowed when
there are sufficient grounds to prove the consequences or illegal profits or
underpayment or evasion of payment of legally prescribed due to administrative
violations, except for the case of forced payment of costs and expenses for
solicitation of assessment, inspection, survey and analysis of environmental
samples.”
5. Amending and supplementing Article 6 as follows:
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1. When organizational/ individual entities produce
waste into the environment, the national technical regulations shall be applied
to determine administrative violations against regulations on environmental
protection and severity thereof; where 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 exceeding times shall
be the highest value calculated by dividing the value collected by professional
means and equipment, and from results of inspection, assessment, monitoring,
measurement and analysis of certain environmental parameters of waste samples
and/or surrounding environmental samples by the maximum permissible value of
that parameter prescribed in the environmental technical regulation.
3. When imposing fines for the discharge of
wastewater (as prescribed in Article 13 and Article 14 herein) or the discharge
of dust and emission (as prescribed in Article 15 and Article 16 herein) in
excess of the permissible limits prescribed in the environmental technical
regulations, if hazardous, bacterial, other common parameters and pH values of
wastewater, dust or emission exceed the permissible limits prescribed in
technical regulations, the penalty to be imposed shall be determined according
to the parameter of wastewater, dust or emission sample involved in the
violation 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 violation.
The fines for the violations 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 violation involving each of
these parameters provided that total sum of fine for each violation does not
exceed the prescribed maximum fine.
In case a business establishment or a concentration
of producers, businesses and service providers has many points of discharging
wastewater or dust/emission in excess of the permissible limits prescribed in
technical regulations, appropriate penalty shall be imposed on each point.
4. Wastewater discharge volume specified in
Articles 13 and 14 of this Decree is total volume of wastewater discharged into
the environment in a day (24 hours). In case where the wastewater discharge
volume cannot be determined, the discharge volume shall be calculated by
multiplying the wastewater discharge volume determined at the sampling time by
24 hours.
5. Sanctioning acts of violation against the same
regulation laid down in Article 9 and 10 shall be subject to regulations of
Article 10 herein.
6. The acts specified in point 1 of clause 1, point
1 of clause 2 of Article 9, point dd of clause 1, point dd of clause 2 of Article
10, point d of clause 1, point d of clause 2, point d of clause 3, point d of
clause 4, point d of clause 5 of Article 11 of this Decree are administrative
violations that are taking place and for which the limitation periods for
sanctions start from the violation detection time.
7. For acts of violation against regulations on the
formulation and implementation of plans for environmental improvement and
remediation in mining activities that have been sanctioned in the penalty forms
prescribed in Article 32, sanctions stipulated in Article 9 herein shall not be
applied.
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6. Amending point c of clause 2 of Article 7 as
follows:
c) Average values per day (24 hours) obtained
from continuous and automatic wastewater/emission monitoring devices or systems
of the organization or individual that are tested, inspected or calibrated in
accordance with laws must be considered in case where continuous and automatic
monitoring systems need to be installed and data obtained from that system need
to be directly transmitted to the Department of Natural Resource and
Environment for inspection. If it is discovered that these values exceed the
permissible values of wastewater contamination stated in the technical
regulations on waste, analysis of the samples collected at automatic sampling
systems must be continued in the following day in order to identify the
violation; in case of excess of the permissible values of emission
contamination according to the technical regulations on waste, the monitoring
of emission of the person or entity must be set in motion within the maximum
duration of 03 working days.”
7. Amending and supplementing Article 8 as follows:
“Article 8. Violations against regulations on
implementation of environmental protection plans
1. Violations against regulations on implementation
of environmental protection plans which are certified by the Subdepartments of
Natural Resources and Environment or the District-level People’s Committees,
and are not the cases mentioned in clause 2 of this Article, shall be fined as
follows:
a) A warning is issued as a form of penalty for the
act of improperly implementing any of environmental protection measures in
environmental protection plans which are certified by competent state
authorities, except for the violations against regulations on environmental
monitoring and supervision, and regulations laid down in point c of this
clause; the act of failure to inform certification authorities of any change of
project owners, owners of manufacturing and service business establishments;
b) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for the act of failing to implement any environmental
protection measure in the environmental protection plans which have been
certified by competent state authorities, except for the violations against
regulations on the environmental monitoring and supervision, and the case
specified in point d of this clause;
d) A fine ranging from VND 1,000,000 to VND
1,500,000 shall be imposed for the act of building or installing equipment,
pipes or other systems used for discharging untreated waste into the environment;
the act of failing to regularly operate or improperly operating waste treatment
projects agreed in the certified environmental protection plans; the act of
improper construction and installation of waste treatment facilities as agreed
in the certified environmental protection plans in the following cases:
reduction in capacity leading to the insufficient capacity to treat waste;
changes in waste treatment technologies, lack of the waste treatment process;
failure to collect waste completely leading to the situation in which a certain
amount of wastewater and emissions generated during the execution and operation
of production, business and service plans and projects are not treated before
being discharged into the environment;
d) A fine ranging from VND 1,500,000 to VND
2,000,000 shall be imposed for the act of failing to build environmental
protection works as regulated;
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2. Violations against regulations on implementation
of environmental protection plans which are certified by Subdepartments of Natural
Resources and Planning, District-level People’s Committees, and which involve
business registration certificates issued by the provincial-level Business
Registration Offices, shall be subject to the following fines:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for the act of improperly implementing any of
environmental protection measures in environmental protection plans which have
already been certified by competent state authorities, except for the
violations against regulations on environmental monitoring and supervision, and
regulations laid down in point c of this clause; the act of failure to notify
certification authorities of any change of project owners, owners of
manufacturing and service business establishments as such notification is
legally required;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the act of failing to implement any
environmental protection measure in the environmental protection plans which
have been certified by competent state authorities, except for the violations
against regulations on environmental monitoring and supervision activities, and
the case specified in point d of this clause;
d) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the act of building or installing equipment,
pipes or other systems used for discharging untreated waste into the
environment; the act of failing to regularly operate or improperly operating
waste treatment projects agreed in the certified environmental protection
plans; the act of improper construction and installation of waste treatment
facilities as agreed in the certified environmental protection plans in the
following cases: reduction in capacity leading to the insufficient capacity to
treat waste; changes in waste treatment technologies, lack of the waste
treatment process; failure to collect waste completely leading to the situation
in which a certain amount of wastewater and emissions generated during the
execution and operation of production, business and service plans and projects
are not treated before being discharged into the environment;
d) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the act of failing to build environmental
protection works as regulated;
dd) A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for the act of failing to obtain the renewed
registration of environmental protection plans as legally required.
3. Penalties for violations against regulations on
implementation of environmental protection plans which are verified by the
Departments of Natural Resources and Environment:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the act of improperly implementing any of
environmental protection measures in environmental protection plans which have
already been certified by competent state authorities, except for the
violations against regulations on environmental monitoring and supervision, and
regulations laid down in point c of this clause; the act of failure to notify
certification authorities of any change of project owners, owners of
manufacturing and service business establishments as such notification is
legally required;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the act of failing to implement any
environmental protection measure in the environmental protection plans which
have been certified by competent state authorities, except for the violations
against regulations on environmental monitoring and supervision activities, and
the case specified in point d of this clause;
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d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the act of failing to build environmental
protection works as regulated;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of failing to obtain the renewed
registration of environmental protection plans as legally required.
4. Penalties for violations against regulations on
implementation of the registration of satisfaction of environmental standards
which are verified by ministries or ministerial-level agencies:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the act of improperly implementing any of
contents of the registration of satisfaction of environmental standards which
has been certified by the competent state agency, except for violations against
regulations on the environmental monitoring and supervision, and the violations
prescribed in point c of this clause;
b) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the act of failing to implement any of contents
of the registration of satisfaction of environmental standards which has been
certified by the competent state agency, except for the violations against
regulations on the environmental monitoring and supervision, and the violations
prescribed in point d of this clause;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the act of building or installing equipment,
pipes or other systems used for discharging untreated waste into the
environment; the act of failing to regularly operate or improperly operating
waste treatment projects agreed in the certified environmental protection
plans; the act of improper construction and installation of waste treatment
facilities as agreed in the certified environmental protection plans in the following
cases: reduction in capacity leading to the insufficient capacity to treat
waste; changes in waste treatment technologies, lack of the waste treatment
process; failure to collect waste completely leading to the situation in which
a certain amount of wastewater and emissions generated during the execution and
operation of production, business and service plans and projects are not
treated before being discharged into the environment;
d) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of failing to build the environmental
protection works as regulated.
5. Additional penalties:
a) Suspending activities of the establishment
causing the environmental pollution for 01- 03 months if any of the violations
prescribed in point c and point d of clause 1, and point c and d of clause 2 of
this Article is committed;
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c) Suspending business of establishments causing
the environmental pollution for 06- 09 months as a penalty for any of the
violations prescribed in point c and d of clause 4 of this Article.
6. Remedial measures:
a) Enforcing the proper operation of the
environmental protection works; enforcing the dismantlement of the
environmental protection work in breach of environmental protection regulations
that discharges untreated waste into the environment, as penalties for the
violations prescribed in point c of clause 1, point c of clause 2, point c of
clause 3 and point c of clause 4 of this Article;
b) Enforcing the construction of the environmental
protection works in conformity with technical regulations within the period
regulated by the person who has the power to impose penalties under the
decision on imposition of penalties for administrative violations in case of
commission of any of the violations prescribed in point d of clause 1, point d
of clause 2, point d of clause 3 and point d of clause 4 of this Article;
c) Compelling the disgorgement of illegal gains
from commission of the violations defined in point c and d of clause 1; point c
and d of clause 2; point c and d of clause 3; point c and d of clause 4 of this
Article.”
8. Amending and supplementing Article 9 as follows:
“Article 9. Violations against regulations on
implementation of decisions on approval of EIA reports
1. Penalties for violations against regulations on
implementation of decisions on approval of EIA reports under the authority of
the Provincial-level People’s Committees, ministries or ministerial-level
agencies, except for the cases prescribed in clause 2 of this Article:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the act of failing to cooperate with
commune-level People’s Committees that collect opinions during the period of
preparation of EIA reports in posting decisions on approval of EIA at offices
of commune-level People’s Committees if the prescribed consultation is
required;
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c) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the act of failing to prepare and send plans
for test of waste disposal facilities of projects to environmental protection
authorities of provinces where projects are executed and authorities granting
approval of EIA reports in accordance with regulations;
d) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the act of arbitrarily putting waste treatment
works into trial operation without consent from competent authorities; failing
to halt or reduce the capacity of a project to ensure that the existing waste
treatment work can treat waste to meet environmental technical regulations
during the project's trial operation; failing 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;
dd) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the act of improperly implementing any of
contents of the decision on approval of EIA report, the approval decision
related to environmental protection of the authority approving EIA reports (if
any); the act of failing to fully integrate inclusions and requirements of
decisions on approval of EIA reports into investment projects and construction
projects, except in the following cases: any change is made without having to
be reported to competent state authorities in accordance with regulations;
there is any violation against regulations on environmental monitoring and
supervision activities, and other cases prescribed in point b, h and m of this
clause;
e) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of failing to implement any of
regulations of decisions on approval of EIA reports, except for the violations
against regulations on the environmental monitoring and supervision, and the
violations prescribed in point b, c and k of this clause;
g) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for the act of failing to examine, renovate or
improve waste treatment works in case of failure to comply with technical
regulations on waste and as requested by competent state agencies as a basis
for preparing application documents for certification of completion of
environmental protection works;
h) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the act of building or installing equipment,
pipes or other discharging systems to discharge untreated waste into the
environment; the act of failing to regularly operate or improperly operate
waste treatment works; the act of failing in the trial operation of waste
treatment works and projects at the same time; the act of improperly build
waste treatment works under decisions on approval of EIA reports in the
following cases: reduction in the operating capacity that results in the
incapability of disposal of waste; technological changes; any stage of the
waste disposal process that is left out;
i) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for the act of failing to immediately stop the
trial operation of the waste treatment works and promptly report to the
environmental protection specialized authorities at the provinces where
projects are executed to seek their instructions to deal with cases of
environmental incidents or environmental pollution; the act of failing to
implement remedies of environmental pollution and compensate for damage in
accordance with the law; the act of trial operation of waste treatment works in
excess of the prescribed time;
k) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for the act of failing to build the environmental
protection works as regulated, except for the cases prescribed in point e of
clause 3 of Article 12 and point k of clause 4 of Article 12 herein;
l) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for the act of failing to make EIA reports of
projects as regulated.
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a) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the act of failing to cooperate with
commune-level People’s Committees that collect opinions during the period of
preparation of EIA reports in posting decisions on approval of EIA at offices
of commune-level People’s Committees if the prescribed consultation is
required;
b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the act of failing to notify any change of
project owners to the authority approving EIA reports or the specialized
environmental protection authority at the provincial level when such
notification is required by regulations;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the act of failing to prepare and send plans
for test of waste disposal facilities of projects to environmental protection
authorities of provinces where projects are executed and authorities granting
approval of EIA reports in accordance with regulations;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the act of arbitrarily putting waste treatment
works into trial operation without consent from competent authorities; failing
to halt or reduce the capacity of a project to ensure that the existing waste
treatment work can treat waste to meet environmental technical regulations
during the project's trial operation; failing 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;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of improperly implementing any of
contents of the decision on approval of EIA report, the approval decision
related to environmental protection of the authority approving EIA reports (if
any); the act of failing to fully integrate inclusions and requirements of
decisions on approval of EIA reports into investment projects and construction
projects, except in the following cases: any change is made without having to
be reported to competent state authorities in accordance with regulations;
there is any violation against regulations on environmental monitoring and
supervision activities, and other cases prescribed in point b, h and m of this
clause;
e) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for the act of failing to implement any of
regulations of decisions on approval of EIA reports, except for the violations
against regulations on the environmental monitoring and supervision, and the
violations prescribed in point b, c and k of this clause;
g) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the act of failing to examine, renovate or
improve waste treatment works in case of failure to comply with technical
regulations on waste and as requested by competent state agencies as a basis
for preparing application documents for certification of completion of
environmental protection works;
h) A fine ranging from VND 80,000,000 to VND
100.000.000 shall be imposed for the act of building or installing equipment,
pipes or other discharging systems to discharge untreated waste into the
environment; the act of failing to regularly operate or improperly operate
waste treatment works; the act of failing in the trial operation of waste
treatment works and projects at the same time; the act of improperly build
waste treatment works under decisions on approval of EIA reports in the
following cases: reduction in the operating capacity that results in the
incapability of disposal of waste; technological changes; any stage of the
waste disposal process that is left out;
i) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for the act of failing to immediately stop the
trial operation of the waste treatment works and promptly report to the
environmental protection specialized authorities at the provinces where
projects are executed to seek their instructions to deal with cases of
environmental incidents or environmental pollution; the act of failing to
implement remedies for environmental pollution and compensate for damage in
accordance with the law; the act of trial operation of waste treatment works in
excess of the prescribed time;
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l) A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for the act of failing to make EIA reports of
projects as regulated.
3. Additional penalties:
Suspending the establishment’s activities for 03 -
06 months as a remedy for the violations prescribed in point d, g, h, i, k and
l of clause 1 and point d, g, h, i, k and 1 of clause 2 of this Article.
4. Remedial measures:
a) Enforcing the proper operation of the
environmental protection works; enforcing the dismantlement of the
environmental protection work in breach of environmental protection regulations
that discharges untreated waste into the environment, as remedies for the violations
prescribed in point h of clause 1, point h of clause 2of this Article;
b) Enforcing the construction and operation of the
environmental protection works, and submission of reports on implementation of
environmental protection works to the agency giving approval for the
environmental impact assessment report for their inspection and certification
of completion of the environmental protection works within the period regulated
by the person who has the power to impose penalties for the violations specified
in point g, i, k and l of clause 1; point g, i, k and l of clause 2 of this
Article;
c) Enforcing submission of dossiers of reports on
completion of the environmental protection works to the competent authority for
their inspection and certification of completion of environmental protection
works in case of commission of the violations prescribed in point g of clause 1
and point g of clause 2 of this Article;;
d) Compelling the disgorgement of illegal gains
from commission of the violations defined in d, g, h and k of clause 1; point
d, g h and k of clause 2 of this Article.”
9. Replacing Article 10 as follows:
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1. Penalties for violations against regulations on
execution of certificates of completion of environmental protection works under
the certification authority of the Provincial-level People’s Committees,
ministries or ministerial-level agencies, except for the cases prescribed in
clause 2 of this Article:
a) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for improperly executing one of the requirements of
the Certificate of completion of the environmental protection work (each work or
investment phase or the entire project) as prescribed in regulations, except
for the following cases: committing any violation against regulations on
environmental monitoring and observation activities; installing automatic and
continuous waste monitoring equipment and system; renovating and upgrading
waste treatment works that have deteriorated or have not yet met technical
regulations on waste; additionally installing one or more parts of the waste
treatment works and the cases specified at point c, d and dd of this clause;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for the act of failing to execute the Certificate
of completion of the environmental protection work (each work or investment
phase or the entire project) as prescribed in regulations, except for the
violations against regulations on environmental monitoring and observation
activities, and the cases specified at point c and d of this clause;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the act of operating without conforming to the
processes or regulations, or failing to operate, one of the parts of the waste
treatment processes according to certificates of completion of environmental
protection works (each project constituent or investment stage or the entire
project) in accordance with regulations;
d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for the act of building or installing equipment,
pipes or other discharging systems to discharge untreated waste into the
environment;
dd) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for the act of failing to obtain Certificates of
completion of the environmental protection works (each part or investment stage
or entire project) in accordance with regulations.
2. Penalties for violations against regulations on
execution of Certificates of completion of environmental protection works under
the certification authority of the Ministry of Natural Resources and
Environment:
a) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for the act of improperly executing Certificates of
completion of the environmental protection works (each part or investment stage
or entire project) in accordance with regulations, except for the following
cases: violating regulations on environmental monitoring and supervision
activities; installing automatic and continuous waste monitoring equipment and
system; renovating and upgrading waste treatment works that have deteriorated
or have not yet met technical regulations on waste; additionally installing one
or more treatment components of waste treatment works, and the cases specified
at point c, d and dd of this Clause;
b) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the act of failing to execute the Certificate
of completion of the environmental protection work (each work or investment
phase or the entire project) as prescribed in regulations, except for the
violations against regulations on environmental monitoring and observation
activities, and the cases specified at point c and d of this clause;
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d) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for the act of building or installing equipment,
pipes or other discharging systems to discharge untreated waste into the
environment;
dd) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for the act of failing to obtain Certificates of
completion of the environmental protection works (each part or investment stage
or entire project) in accordance with regulations.
3. Additional penalties:
a) Suspending the establishment’s activities for 03
- 06 months as a remedy for the violations prescribed in point c and d of
clause 1 and point c and d of clause 2 of this Article;
b) Suspending the establishment’s activities for 06
- 09 months as a remedy for the violations prescribed in point dd of clause 1
and point dd of clause 2 of this Article.
4. Remedial measures:
a) Enforcing the proper operation of the
environmental protection works in case of commission of the violations
prescribed in point c of clause 1 and point c of clause 2 of this Article;
b) Enforcing the dismantlement of the environmental
protection work in breach of environmental protection regulations that
discharges untreated waste into the environment as remedies for the violations
prescribed in point d of clause 1 and point d of clause 2 of this
Article;
c) Enforcing submission of dossiers of reports on
completion of the environmental protection works to the competent authority for
their inspection and certification of completion of environmental protection
works in case of commission of the violations prescribed in point dd of clause
1 and point d of clause 2 of this Article;
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10. Amending and supplementing Article 11 as
follows:
a) Revising the title of Article 11 as follows:
“Article 11. Violations against regulations on
environmental protection in production, business and service activities, or
implementation of production, business and service projects or plans, without
any environmental protection plan or EIA report”
b) Revising the title of clause 1 as follows:
“1. Violations involving production, business and
service activities, or mobilization for formulation of production, business and
service projects or plans the scale and capacity of each of which equates those
requiring the formulation of environmental protection plan and the submission
thereof to district-level People’s Committees for their certification, and
which are not covered by clause 2 of this Article, shall be sanctioned as
follows:
c) Revising the title of clause 2 as follows:
“2. Violations involving production, business and
service activities or mobilization for formulation of production, business and
service projects and plans the scale and capacity of each of which are
commensurate with those requiring the formulation of environmental protection
plans for submission of district-level People’s Committees for their
certification, and which obtain business registration certificates issued by
provincial-level business registration agencies, shall be sanctioned as
follows:”
d) Revising the title of clause 3 as follows:
“3. Violations involving production, business and service
activities, or mobilization for formulation of production, business and service
projects or plans the scale and capacity of each of which are equivalent to
those requiring the formulation of the environmental protection plan for
submission to Departments of Natural Resources and Environment for their
certification, shall be sanctioned:”
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“4. Violations involving production, business and
service activities, or mobilization for formulation of production, business and
service projects of the scale and capacity of each of which are equivalent to
those requiring the formulation of EIA report for submission to
provincial-level People’s Committees, ministries or ministerial-level agencies
for their approval, except for the violations prescribed in clause 5 of this
Article, shall be sanctioned:"
e) Revising the title of clause 5 as follows:
“5. Violations involving production, business and
service activities, or mobilization for formulation of production, business and
service projects the scale and capacity of each of which are equivalent to
those requiring the formulation of EIA reports for submission to the Ministry
of Natural Resources & Environment for their approval, shall be sanctioned
as follows:”
g) Adding clause 6a in front of clause 6 as
follows:
“6a. A fine ranging from VND 1,500,000 to VND
2,000,000 shall be imposed for the act of unavailability of measures and
facilities used for collection, storage, disposal and management of waste
generated as prescribed in the case of production, business and service
projects and plans eligible for exemption from the requirement for registration
of environmental protection plans according to regulations.”
h) Amending and supplementing clause 6 and clause 7
as follows:
“6. Additional penalties:
a) Suspending business of establishments for the
period of 03- 06 months in case of commission of the violations prescribed in
point c of clause 1, point c of clause 2, point c of clause 3, point c of
clause 4, point c of clause 5 and clause 6a of this Article;
b) Suspending the establishment’s business for the
period of 06 - 12 months in case of commission of the violations prescribed in
point d of clause 1, point d of clause 2, point d of clause 3, point d of
clause 4 and point d of clause 5 of this Article.
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a) Enforcing application of measures to manage
solid waste, hazardous waste, reduce noise and vibration, heat and light
radiation, and treat wastewater and emission in conformity with technical regulations
on waste within the period regulated by the person having the power to impose
administrative penalties for the violations prescribed in point b and c of
clause 1, point b and c of clause 2, point b and c of clause 3, point b and c
of clause 4, point b and c of clause 5 and clause 6a of this Article;
b) Enforcing the application of remedial measures
for environmental pollution and submission of reports on results of completed
remediation of consequences of violations within the period regulated by the
person having the power to impose penalties as a remedy for the administrative
violations prescribed in point a of clause 1, point a of clause 2, point a of
clause 3, point a of clause 4 and point a of clause 5 of this Article;
c) Compelling relocation of projects or facilities
to other places consistent with the planning approved by competent authorities
for cases where violations specified at point d of clause 1, point d of clause
2, point d of clause 3, point d of clause 4, and point d of clause 5 of this
Article, involve the locations of projects in progress or establishments that
are not conformable to the planning approved in accordance with regulations;
d) Compelling preparation of environmental
protection plans for submission to authorities having competence in
certification for cases where violations specified at point d of clause 1,
point d of clause 2, point d of clause 3 of this Article involve the locations
of projects in progress or establishments that are not conformable to the
planning approved in accordance with regulations;
dd) Compelling preparation of EIA reports for
projects of renovation, improvement and upgradation of environmental protection
works for submission to authorities having competence in approval for cases
where violations specified at point d of clause 4 and point d of clause 5 of
this Article involve the locations of projects in progress or establishments
that are not conformable to the planning approved in accordance with
regulations;
e) Compelling return of illegal gains obtained from
performing one of the following acts: construction and installation of
equipment, pipelines or other discharging systems used for discharging
untreated waste into the environment; failure to regularly or improperly
operate the waste treatment works according to regulations; failing to have
wastewater, emission and dust disposal systems to ensure conformity with the
technical regulations specified at point b and c of clause 1; point b and c of
clause 2; point b and c of clause 3; point b and c of clause 4 and point b and
c of clause 5 of this Article.”
11. Amending and supplementing Article 12 as
follows:
a) Amending point b of clause 3 as follows:
“b) A fine ranging from VND 10,000,000 to VND
50,000,000 shall be imposed for the act of failing to have logbooks recording
data on operation of centralized sewage treatment systems as required by law;”.
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“b) Fines which are 50% as much as those specified
in Articles 13 and 14 of this Decree shall be imposed for the acts of
discharging effluent into centralized collection and treatment systems of
industrial parks, export processing zones, and high-tech zones , industrial
complexes and craft villages with one of the environmental parameters (the highest
parameter which is chosen) exceeding the wastewater reception standards of
investors building and commercial operation of infrastructure of these
industrial parks, export processing zones, hi-tech parks, industrial complexes
or craft villages;
c) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for the act of illegally discharging untreated
wastewater into stormwater drainage systems of industrial parks, export
processing zones, high-tech parks or industrial complexes.”
c) Amending clause 7 as follows:
“7. Violations against regulations on continuous
and automatic monitoring of wastewater, emission and other violations involving
environmental protection in production, business and service activities shall
be subject to the following penalties:
a) A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for the act of failing to readily make safety
procedures available at the locations or outlet holes of sampling of exhaust
gas as prescribed; the act of failing to install flow meters and measurement
devices for monitoring effluent inlet and outlet flow of wastewater treatment
systems according to regulations;
b) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the act of failing to operate or improperly
operating continuous and automatic wastewater or emission monitoring systems;
failing to store wastewater or emission monitoring data or failing to transmit
monitoring data at the request of a competent agency in accordance with
regulations;
c) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for the act of failing to incompletely set one of
the parameters of the continuous and automatic wastewater or emission
monitoring systems as regulated or as requested by competent authorities; the
act of failing to install CCTV cameras, regularly assess quality of automatic
and continuous effluent or emission monitoring systems;
c) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for the act of failing to install automatic and
continuous wastewater monitoring equipment and systems (including
automatic and continuous monitoring equipment and automatic sampling equipment)
or automatic and continuous emission monitoring equipment and systems as
requested by competent authorities; the act of failing to deal with breakdown
or failure of automatic and continuous monitoring systems upon the request of
competent state authorities;
dd) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for the act of deliberately building or installing
pipes or outlets used for discharge of waste into the environment at locations
inconvenient for the inspection as per regulations; the act of diluting treated
wastewater and emission in a bid to ensure conformance to technical regulations
on wastewater;
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d) Repealing clause 8, amending and supplementing
clause 9 as follows:
“9. Remedies:
a) Enforcing the implementation of measures for
managing solid waste and hazardous waste, reducing the noise and vibration, and
treating wastewater and emission in conformity with technical regulations on
waste within the period regulated by the person who has the power to impose
penalties for administrative violations and specified in the decision on
imposition of penalties for administrative violations if any of the violations
prescribed in this Article is committed;
b) Enforcing the dismantlement of aquaculture
facilities; enforcing the implementation of environmental restoration measures
if any of the violations prescribed in point d and dd of clause 5 of this
Article is committed; enforcing the installation of continuous and automatic
wastewater or emission monitoring systems according to regulations within the
period regulated by the person having the power to impose penalties for administrative
violations in decisions on imposition of administrative penalties for the
violations specified in point c and dd of clause 7 of this Article; enforcing
the construction and installation of pipes or outlets of wastewater discharge
systems at locations convenient for inspection, monitoring; or enforcing the
dismantlement of structures or facilities used for diluting waste and treatment
of waste in accordance with technical regulations on waste within the period
regulated by the person having the power to impose penalties for administrative
violations in decisions on imposition of administrative penalties for the
administrative violations prescribed in point dd of clause 7 of this
Article.”
12. Adding Article 13a in front of Article 13 as
follows:
Article 13a. Violations against regulations on
environmental monitoring and supervision
1. Penalties for violations against regulations on
environmental monitoring and supervision during the process of construction of
production, business and service projects and plans shall be imposed as
follows:
a) Issuing a warning for the act of improper or
incomplete implementation of waste monitoring programs (regarding parameters,
location, and frequency of supervision) that falls under the authority to
certify environmental protection plans of the district-level People's
Committees;
b) A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for the act of failing to supervise discharges or report on
environmental protection activities on an annual basis in accordance with
regulations that falls under the authority to certify environmental protection
plans of the district-level People’s Committees; the act of improperly and
incompletely implementing waste monitoring programs (regarding parameters,
location and frequency of supervision) that falls under the authority to
certify environmental protection plans of the Departments of Natural Resources
and Environment, or the Authority of industrial parks, export processing zones
and economic zones;
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d) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the act of failing to monitor discharges or
report on environmental protection activities on an annual basis in accordance
with regulations that falls under the authority to approve EIA reports of the
provincial People’s Committees or agencies authorized by the provincial
People’s Committees; the act of improperly and incompletely implementing waste
monitoring programs (regarding parameters, location and frequency of
supervision) that falls under the authority to approve EIA reports of the
Ministry of Natural Resources and Environment, other ministries and
ministerial-level bodies;
dd) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the act of failing to monitor discharges or
report on environmental protection activities on an annual basis in accordance
with regulations that falls under the authority to approve EIA reports of the
Ministry of Natural Resources and Environment, other ministries and
ministerial-level bodies.
2. Penalties for violations against regulations on
environmental monitoring during trial operation of projects shall be imposed as
follows:
d) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the act of improperly and incompletely
implementing waste monitoring programs (regarding parameters, location and
frequency of supervision) as a basis for assessment of effectiveness of
treatment of waste in specific stage and the entire process in accordance with
regulations if such act falls under the authority to approve EIA reports of the
provincial People’s Committee or agencies authorized by the provincial People’s
Committees;
b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the act of failing to monitor discharges as a
basis for assessment of effectiveness of treatment of waste in specific stage
and the entire process in accordance with regulations, or report on
environmental protection activities on an annual basis in accordance with
regulations, if such acts fall under the authority to approve EIA reports of
the provincial People’s Committees or agencies authorized by the provincial
People’s Committees; the act of improperly and incompletely implementing waste
monitoring programs (regarding parameters, location and frequency of
supervision) as a basis for assessment of effectiveness of treatment of waste
in specific stage and the entire process in accordance with regulations if such
act falls under the authority to approve EIA reports of the Ministry of Natural
Resources and Environment, other ministries and ministerial-level bodies;
c) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the act of failing to monitor discharges as a
basis for assessment of effectiveness of treatment of waste in specific stage
and the entire process in accordance with regulations, or report on
environmental protection activities on an annual basis in accordance with
regulations, if such acts fall under the authority to approve EIA reports of
the Ministry of Natural Resources and Environment, other ministries and
ministerial-level bodies.
3. Penalties for violations against regulations on
environmental monitoring during the official operation of projects shall be
imposed as follows:
a) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the act of improperly or incompletely
implementing waste monitoring programs (regarding parameters, location, and
frequency of monitoring) if implementation of such programs is required, and
their scale and capacity are equivalent to those requiring registration of
environmental protection plans; the act of improperly or incompletely
implementing the programs to monitor the ambient environment or other
environmental issues if implementation of these programs is required, and their
scale and capacity are equivalent to those requiring formulation of EIA
reports;
b) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the act of failing to monitor discharges or
report on environmental protection activities on an annual basis or formulate
plans for periodic environmental monitoring for submission to competent state
authorities in accordance with regulations if such formulation is required, and
the scale and capacity of these plans are equivalent to those requiring
registration of environmental protection plans; the act of failing to execute
the programs to monitor the ambient environment or other environmental issues
if implementation of these programs is required, and their scale and capacity
are equivalent to those requiring formulation of EIA reports;
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b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the act of failing to monitor discharges or
report on environmental protection activities on an annual basis, or the act of
failing to formulate plans for periodic environmental monitoring for submission
to competent state authorities in accordance with regulations if such
formulation is required, and the scale and capacity of these plans are
equivalent to those requiring formulation of EIA reports.
4. e) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of failing to cooperate with entities
without Certificates of eligibility for provision of environmental monitoring
services (according to the sectors and scope of certification) in conducting
environmental monitoring or supervision activities, except for the cases where
public service providers are established the provincial-level People’s
Committees, or established and assigned the tasks of environmental monitoring
or supervision by Ministry of National Defence or Ministry of Public Security
within provinces or in the national defense and security sectors.”
13. Amending and supplementing Article 13 as
follows:
a) Amending clause 7 as follows:
“7. Fines shall be 10%, 20%, 30%, 40% or 50% more
than the selected highest fine for violations prescribed in this Article if
each environmental parameter is 1.1 – under 1.5 times; 1.5 – under 03 times; 03
to less than 05 times; 05 – under 10 times; or at least 10 times, respectively,
as much as the permissible limit prescribed in the technical regulations. Total
fine imposed for each act of violation must not exceed VND 1,000,000,000.”
b) Amending clause 8 as follows:
“a) Suspending polluting activities of business
establishments for the period from 03 to 06 months as a remedy for the
violations prescribed in points i, k, l, m, n, o, p, q, r, s, t and u of clause
4, points h, i, k, l, m, n, o, p, q, r, s and t of clause 5, and points g, h,
i, k, l, m, n, o, p, q, r and s of clause 6 of this Article;
b) Suspend activities of business establishments
for the duration of 06 – 12 months as a remedy for the violations prescribed in
points uu, v, x and y of clause 4, points u, uu, v, x and y of clause 5, and
points t, u, uu, v, x and y of clause 6 of this Article.”
c) Replacing point b and adding point d of clause 9
as follows:
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d) Compelling the installation of automatic and
continuous wastewater monitoring systems in accordance with regulations within
the time limit set by the person having sanctioning competence in
administrative sanction decisions in case of recidivism or repeated commission
of the violations prescribed in this Article.”
14. Amending and supplementing Article 14 as
follows:
a) Revising the title of Article 14 as follows:
“Article 14. Penalties for discharging
wastewater with hazardous parameters or wastewater with bacterial parameters
(e.g. Salmonella, Shigella, Vibrio cholerae) according to the national
technical regulations on medical wastewater, or discharging wastewater with pH
values exceed thresholds stated in technical regulations:
b) Amending point k and repealing points l, m, n,
o, p, q, r, s, t, u, uu, v, x and y of clause 6 as follows:
“k) A fine ranging from VND 200,000,000 to VND
220,000,000 shall be imposed for discharging the wastewater with the volume of
400 m³/day (24 hours) or above, except for environmental crimes.”
c) Amending point a and b of clause 12 as follows:
“a) Suspending polluting activities of business
establishments for 03 – 06 months as a penalty for the violations prescribed in
points h, i, k, l, m, n, o, p, q, r, s and t of clause 4, points g, h, i, k, l,
m, n, o, p, q, r and s of clause 5, points e, g, h, i and k of clause 6, points
h, i and k of clause 7, points g, h, i and k of clause 8 and points e, g, h, i
and k of clause 9 of this Article;
b) Suspending activities of business establishments
for the duration of 06 – 12 months as a penalty for the violations prescribed
in points u, uu, v, x and y of clause 4, points t, u, uu, v, x and y of clause
5, and clause 10 of this Article.”
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“b) Compelling assessment and renovation of
wastewater treatment works to ensure they meet technical requirements on
environmental protection in accordance with regulations as a penalty for
violations specified in this Article;
d) Compelling the installation of automatic and
continuous wastewater monitoring equipment or systems in accordance with
regulations within the time limit set by the person having sanctioning
competence in administrative sanction decisions in case of recidivism or
repeated commission of the violations prescribed in this Article.”
15. Replacing point b and adding point d to clause
8 of Article 15 as follows:
a) Replacing point b of clause 8 as follows:
“b) Compelling assessment and renovation of
emission treatment works to ensure they meet technical requirements on
environmental protection in accordance with regulations as a penalty for the
violations specified in this Article;”
b) Adding point d to clause 8 as follows:
“d) Compelling the installation automatic and
continuous emission monitoring system in accordance with regulations within the
time limit set by the person having sanctioning competence in administrative
sanction decisions in case of recidivism or repeated commission of the
violations prescribed in this Article.”
16. Replacing point b and adding point d to clause
9 of Article 16 as follows:
a) Replacing point b of clause 9 as follows:
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b) Adding point d to clause 9 as follows:
“d) Compelling the installation automatic and
continuous emission monitoring system in accordance with regulations within the
time limit set by the person having sanctioning competence in administrative
sanction decisions in case of recidivism or repeated commission of the
violations prescribed in this Article.”
17. Amending point dd of clause 8 of Article 19 as
follows:
“dd) Confiscating instruments of the administrative
violations prescribed in clause 1 of this Article.”
18. Amending and supplementing Article 20 as
follows:
a) Amending clause 1 and 2 as follows:
“1. Penalties for the act of collection or
discharge of domestic waste in contravention of regulations on environmental
protection:
a) A fine ranging from VND 100,000 to VND 150,000
shall be imposed for the act of throwing, littering or discarding cigarette
butts, leftovers and ashes outside of the permitted places at residential,
commercial, service or public areas;
b) A fine ranging from VND 150,000 to VND 250,000
shall be imposed for the act of addressing personal sanitation needs (e.g.
urination, defecation) outside of permitted places at residential, commercial,
service or public areas;
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d) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for the act of throwing or littering domestic waste
on sidewalks, pavements or municipal sewerage systems or surface water drainage
systems; the act of pouring wastewater outside of the permitted places on road
sidewalks or pavements.
2. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for the act of operating vehicles to carry raw
materials, substances or goods when they are not protected by covers or
casings, or if they leak into the environment whilst running on roads.”
b) Adding point a1 in front of point a to clause 6
as follows:
“a1) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for the act of failing to make transfer notes of
domestic waste and ordinary industrial solid waste as required by laws;”
c) Amending point c, d and dd of clause 7 as
follows:
“c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the act of failing to properly implement any of
the requirements of the plan for treatment of domestic solid waste approved by
a competent authority, except for the violations against regulations on
monitoring and supervision of ambient environment;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the act of failing to implement any of the
requirements of the plan for treatment of domestic solid waste approved by a
competent authority, except for the violations against regulations on
monitoring and supervision of ambient environment;
dd) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for the act of unavailability of plans for
treatment of domestic waste approved by competent authorities in accordance
with regulations.”
d) Amending point c, d and g of clause 8 as
follows:
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d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the act of failing to implement any of the
requirements of the plan for treatment of ordinary industrial solid waste
approved by a competent authority, except for the violations against
regulations on monitoring and supervision of ambient environment and the
violation prescribed in point e of this clause;
g) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for the act of unavailability of the plan for
treatment of ordinary industrial solid waste approved by a competent authority
in accordance with regulations.”
dd) Adding clause 9a in front of clause 9 as
follows:
“9a. Acts of collecting, transporting and
treating sewage sludge from septic tanks, sludge from municipal drainage
systems in contravention of regulations on environmental protection shall be
subject to the penalties prescribed in laws on sanctioning of administrative
violations arising from construction investment activities.”
e) Amending clause 9 as follows:
“9. Penalties for the act of transferring, giving
or selling domestic solid waste, ordinary industrial solid waste, specific
ordinary solid waste or non-hazardous liquid waste products to entities which
have no functions or capabilities of waste treatment as regulated; the act of
burying, dumping, burning and disposing of them in contravention of regulations
on environmental protection, except for environmental crimes; the act of
receiving domestic solid waste, ordinary industrial solid waste, specific
ordinary solid waste or non-hazardous liquid waste products but failing to
implement treatment methods or failing to transfer them to entities having
treatment competency as regulated:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of less than 1,000 kg;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 1,000 - less than 2,000 kg;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 2,000 - less than 3,000 kg;
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dd) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the act of transferring, giving, selling, receiving,
burying, dumping, burning and disposing of domestic solid waste, ordinary
industrial solid waste, specific ordinary solid waste or non-hazardous liquid
waste products with an amount of 4,000 - less than 5,000 kg;
e) A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 5,000 - less than 10,000 kg;
g) A fine ranging from VND 30,000,000 to VND
35,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste, ordinary
industrial solid waste, specific ordinary solid waste or non-hazardous liquid
waste products with an amount of 10,000 - less than 20,000 kg;
h) A fine ranging from VND 35,000,000 to VND 40,000,000
shall be imposed for the act of transferring, giving, selling, receiving,
burying, dumping, burning and disposing of domestic solid waste, ordinary
industrial solid waste, specific ordinary solid waste or non-hazardous liquid
waste products with an amount of 20,000 - less than 30,000 kg;
i) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 30,000 - less than 40,000 kg;
k) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for the act of transferring, giving, selling, receiving,
burying, dumping, burning and disposing of domestic solid waste, ordinary
industrial solid waste, specific ordinary solid waste or non-hazardous liquid
waste products with an amount of 40,000 - less than 60,000 kg;
l) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 60,000 - less than 80,000 kg;
m) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of 80,000 - less than 100,000 kg;
n) A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for the act of transferring, giving, selling,
receiving, burying, dumping, burning and disposing of domestic solid waste,
ordinary industrial solid waste, specific ordinary solid waste or non-hazardous
liquid waste products with an amount of at least 100,000 kg, except environmental
crimes.”
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“b) Confiscating instruments for administrative
violations in case of commission of the violations prescribed in clause 9a, 9,
10 and 11 of this Article.”
h) Amending point a and b of clause 13 as follows:
“a) Enforcing the restoration of original
environmental state, the transfer of discharges to entities having treatment
competence as penalties for the violations against clause 2, 9a, 9, 10 and 11
of this Article is committed;
b) Enforcing the payment of costs for conducting
inspection, assessment, measurement and analysis of environmental samples in
case of commission of the violations involving discharge of waste in excess of
the permissible limits prescribed in environmental technical regulations, or
causing the environmental pollution according to current norms and prices, as
penalties for the violations prescribed in clause 10 of this Article;”
19. Amending and supplementing Article 21 as
follows:
a) Amending point a of clause 1 as follows:
“a) Failing to prepare periodical reports on
management of hazardous waste or other irregular reports at the request of
competent state agencies; failing to send periodical or irregular reports on
management of hazardous waste to competent agencies in accordance with
regulations or sending periodic reports on management of hazardous waste
without compliance with regulations.”
b) Amending point b of clause 2 as follows:
“b) Failing to collect and store hazardous waste in
accordance with regulations.”
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“b) Failing to transfer hazardous waste to proper
facilities licensed for hazardous waste treatment for collection and treatment
as regulated in case where continuation in retention thereof is not allowed in
accordance with laws or upon the request of competent state authorities;”
d) Revising the title of clause 7 as follows:
“7. Penalties for the act of transferring, giving
or selling hazardous waste to an organizational or individual entity that is
not licensed to treat hazardous waste, except in particular cases prescribed in
laws on management of hazardous waste and cases of environmental crimes:“
dd) Repealing point a of clause 12 and adding point
dd to clause 12 as follows:
“dd) Enforcing the transfer of discharges to
entities having treatment competence as penalties for the violations prescribed
in clause 7 of this Article.”
20. Amending and supplementing Article 22 as
follows:
a) Abolishing clause 1.
b) Abolishing point a, dd, e, g and revising point
c of clause 2 as follows:
“c) Failing to keep online records for GPS tracking
and surveillance of routes of vehicles and grant access rights to licensing
authorities in accordance with regulations;”
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d) Amending point d of clause 3 as follows:
“d) Failing to obtain written consent from the
competent agency before transfer of hazardous waste to other owner of waste
treatment facilities.”
dd) Repealing point c and d of clause 4.
e) Amending point b of clause 5 as follows:
“b) Collecting and transporting hazardous waste in
excess of the volume of one of the hazardous waste groups specified in the
hazardous waste treatment licenses or in the written approval of trial
operation issued by a competent state agency;
c) Using means of transport used for carrying
hazardous waste without obtaining registration in hazardous waste treatment
licenses or without being stated in written approval of trial operation issued
by the competent state authority.”
g) Revising the title of clause 6 as follows:
“6. Penalties for transferring, giving or selling
hazardous waste to an organizational or individual entity that fails to obtain
a relevant hazardous waste treatment license, except for environmental crimes:”
h) Adding clause 10a in front of clause 10 as
follows:
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i) Amending point b and d of clause 10 as follows:
“b) Suspending the collection and transport of
hazardous waste by the owner of hazardous waste treatment facility for 06 - 12
months in case of commission of the violations prescribed in clause 4, 5 and 6
of this Article;
d) Confiscating instruments for the administrative
violations prescribed in clause 8 and 9 of this Article.”
k) Adding point d to clause 11 as follows:
“d) Enforcing the transfer of discharges to
entities having treatment competence as a penalty for the violations prescribed
in clause 6 of this Article.”
21. Amending and supplementing Article 23 as
follows:
a) Revising the title of Article 23 as follows:
“Article 23. Violations against regulations on
environmental protection relating to hazardous waste treatment activities
and execution of hazardous waste treatment certificates”
b) Abolishing point g, h and revising point a, b
and e of clause 1 as follows:
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b) Failing to implement programs for supervision of
operation and evaluation of effectiveness of hazardous waste treatment included
in the issued hazardous waste treatment licenses;
c) Failing to report to the licensing agency on
changes in key technical facilities, personnel or programs or plans included in
the license for treatment of hazardous waste in comparison with the information
included in the primary license.”
c) Amending point d of clause 2 as follows:
“d) Using facilities for storage of hazardous waste
that are not stated in licenses for treatment of hazardous waste, except for
the cases prescribed in point c of clause 3 of this Article.”
d) Adding point e to clause 3 as follows:
“e) Failing to comply with requirements set out in
the written approval of trial operation issued by the licensing agency.”
dd) Amending point b of clause 4 as follows:
“b) Failing to obtain a written approval from the
competent agency before receiving hazardous waste from other owners of
hazardous waste treatment facilities;”
e) Amending point d of clause 5 as follows:
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g) Revising the title of clause 6 as follows:
“6. Penalties for transferring, giving or selling hazardous
waste to an organizational or individual entity that fails to obtain a relevant
hazardous waste treatment license, except for environmental crimes:”
h) Adding clause 9a in front of clause 9 as
follows:
“9a. Acts of burning hazardous waste or persistent
organic matters that need to be eliminated under Appendix A to the Stockholm
Convention on persistent organic pollutants according to the provisions of
Annex A of the Stockholm Convention on persistent organic pollutants in breach
of regulations on environmental protection, except for environmental crimes,
shall be sanctioned like acts of burying, dumping and discharging hazardous
wastes and persistent organic matters specified in clause 7 and 8 of this
Article.”
i) Amending point a and dd of clause 9 as follows:
“a) Dispossessing the license for treatment of
hazardous waste or the written approval of trial operation for 01 - 03 months
in case of commission of the violations prescribed in clause 3 and clause 4 of
this Article;
dd) Confiscating instruments for the administrative
violations prescribed in clause 7 and 8 of this Article.”
k) Adding point a1 in front of point a to clause 10
as follows:
“a1) Enforcing the transfer of hazardous waste to
entities having treatment competence as penalties for the violations prescribed
in point dd of clause 5 and 6 of this Article;”
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a) Amending point a, b and c of clause 4 as
follows:
“a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the act of failing to submit periodic reports
on environmental protection activities during the process of dismantling used
ships to the competent state authority as required in regulations;
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for the act of failing to apply the environmental
management system according to the national standard TCVN ISO 14001 for ship
breaking facilities;
c) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for the act of failing to have an environmental
plan obtaining certification from the competent agency before demotion of each
ship;”
b) Replacing point a of clause 5 as follows:
“a) Confiscating valuable products created after
destruction in case of commission of the violations specified in clause 1, 2
and 3 of this Article when applying remedial measures in the form of compulsory
destruction of used machinery, equipment, means of transport, ships, raw
materials, fuels and other materials;”
c) Amending point a of clause 6 as follows:
“a) Enforce the re-export or destruction of used
machinery, equipment, means of transport, seagoing ships, raw materials, fuels
or other materials as penalties for the violations prescribed in clause 1, 2,
3, point b, c, d, d, e and g of clause 4 of this Article;”
d) Amending point c of clause 6 as follows:
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23. Amending and supplementing Article 25 as
follows:
a) Amending and supplementing point b, c and e of
clause 2 as follows:
“b) A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for the act of failing to have any warehouse or
yard for storage of imported scrap that meet environmental protection
conditions in the course of importing scrap for use as raw materials or in
tests for manufacturing materials; the act of storage of imported scrap in
areas that do not meet environmental protection conditions towards importation
of scrap for use as raw materials or in tests for manufacturing materials according
to regulations;
c) A fine ranging from VND 150,000,000 to VND
170,000,000 shall be imposed for failure to make technologies and equipment for
recycling and reuse of scrap available for use according to regulations;
failure to dispose of impurities from scrap or transfer impurities to
competent units to have them treated in accordance with regulations;
e) A fine ranging from VND 230,000,000 to VND
250,000,000 shall be imposed for the act of importing types of scrap other than
the types specified in the Certificate of conformance to environmental
protection requirements in import of scrap for use as raw materials as
prescribed in technical regulations on environment, except for the cases
stipulated in clause 7 of this Article.”
b) Abolishing clause 3.
c) Amending clause 7 as follows:
“7. A fine ranging from VND 900,000,000 to VND
1,000,000,000 shall be imposed for the act of importing or transiting scrap
containing radioactive substances or scrap which is not on the List of scrap
permitted for import, except as the Prime Minister grants permission for
importation of such scrap for use in tests of manufacturing materials, and
environmental crimes."
d) Amending point a of clause 8 and adding point d
to clause 8 as follows:
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d) Confiscating valuable products created after
destruction in case of commission of the violations specified in point d, dd
and e of clause 2, 4, 5, 6 and 7 of this Article when applying remedial
measures in the form of compulsory destruction of imported scrap.”
dd) Amending point a of clause 9 as follows:
“a) Enforcing the re-export or destruction unless
re-export is allowed with respect to the violations prescribed in point d, dd
and e of clause 2, clause 4, 5, 6 and 7 of this Article;”
e) Amending point c of clause 9 as follows:
“c) Enforcing the application of remedial measures
for environmental pollution and submission of the report on results of the
successful remedy for consequences of violations within the period regulated by
the person who has the power to impose penalties in the administrative sanction
decision for the administrative violations prescribed in clause 2 of this
Article.”
24. Repealing point c of clause 4 of Article 27.
25. Amending and supplementing Article 29 as
follows:
“1. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for the act of failing to carry out detailed
investigation and assessment of contaminated land as prescribed in case of
causing environmental pollution.
2. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the act of failing to prepare a plan for
environmental treatment, remediation and restoration of the contaminated land
for submission to the Ministry of Natural Resources and Environment or the
provincial People's Committee for their review, monitoring and supervision
according to regulations in case of causing environmental pollution.
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4. Remedial measures:
Enforcing the application of remedial measures for
environmental pollution and submission of the report on results of completed
remediation of consequences of violations within the period regulated by the
person who has the power to impose penalties in the administrative sanction
decision with respect to the violations stipulated in this Article.”
26. Amending and supplementing Article 32 as
follows:
a) Amending clause 1 and adding clause 1a in front
of clause 1 as follows:
“1a. A fine ranging from VND 30,000,000 to
VND 50,000,000 shall be imposed for the act of failing to report on
environmental remediation and restoration, placement of security deposit for
the environmental remediation and restoration to the agency granting approval
and the environmental protection authority at localities according to
regulations; the act of failing to report to such agency and authority in case
where there is any revision of the plan for environmental remediation and
restoration as legally required.
1. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for the act of, whether improperly or
incompletely, implementing any of the tasks included in the environmental
remediation and restoration plan according to regulations.”
b) Amending clause 3 as follows:
“3. A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for the act of failing to have an environmental
remediation and restoration plan approved by a competent authority; failing to
renew the plan for environmental remediation and restoration as prescribed,
except for cases subject to the requirement for renewal of the EIA report.”
c) Repealing point c and d of clause 6.
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a) Adding clause 8a in front of clause 8 as
follows:
“8a. A fine ranging from VND 70,000,000 to
VND 80,000,000 shall be imposed for the act of using dispersants and
biologicals used to respond to oil spills in breach of regulations.”
b) Amending point b of clause 10 as follows:
“b) Enforcing the application of remedial measures
for environmental pollution and submission of the report on results of
successful remedy for consequences of violations, enforcing compensation for
damage caused by oil pollution as regulated within the period regulated by the
person who has the power to impose penalties in the decision on imposition of
penalties for the administrative violations prescribed in clause 8, 8a and 9 of
this Article.”
28. Amending and supplementing Article 34 as
follows:
a) Revising the title of Article 34 as follows:
“Article 34. Violations against regulations on
prevention of, response to and remediation of environmental emergencies and
environmental protection for chemicals, pesticides and veterinary medicine”
b) Repealing clause 1, point a and b of clause 4.
29. Amending and supplementing Article 39 as
follows:
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b) Amending and supplementing point g of clause 3
as follows:
“g) A fine ranging from VND 250,000,000 to VND
400,000,000 shall be imposed for the act of violation causing damage to at
least 2,000 m2 of land, wetland or water surface in areas outside
the sanctuary’s strictly protected zone, or at least 200 m2 of land,
wetland or water surface within the sanctuary’s strictly protected zone; except
environmental crimes.”
c) Repealing point b of clause 5.
30. Amending and supplementing Article 40 as
follows:
a) Amending clause 3 as follows:
“3. Acts of illegal production of timber and
non-timber forest plants on the list of endangered, precious and rare species
prioritized for protection shall be sanctioned according to the provisions of
Government’s Decree No. 35/2019/ND-CP dated April 25, 2019, providing for
penalties for administrative violations in the forestry sector. Penalties for
the act of illegal production of species of wild flora in the List of
endangered, precious and rare species prioritized for protection, except
timber, non-timber forest plants shall be imposed as follows:
a) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed if the exhibit involved in such violation 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 that violation is worth
from 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 that violation is worth
from VND 2,000,000 to less than VND 5,000,000;
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dd) A fine ranging from VND 25,000,000 to VND
50,000,000 shall be imposed if the exhibit involved in that violation is worth
from 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 that violation is worth
from 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 that violation is worth
from VND 20,000,000 to less than VND 30,000,000.”
b) Amending clause 4 as follows:
“4. Acts of illegal concealment, transportation, processing
of and traffic in timber and non-timber forest plants on the list of
endangered, precious and rare species prioritized for protection shall be
sanctioned according to the provisions of the Government’s Decree No.
35/2019/ND-CP dated April 25, 2019, providing for penalties for administrative
violations in the forestry sector. Penalties for the act of illegal
concealment, transportation, processing of and traffic in species of wild flora
in the List of endangered, precious and rare species prioritized for
protection, except timber, non-timber forest plants shall be imposed as
follows:
a) A fine ranging from VND 5,000,000 to VND
15,000,000 shall be imposed if the species of wild flora involved in that
violation are worth less than VND 15,000,000;
b) A fine ranging from VND 15,000,000 to VND
25,000,000 shall be imposed if the species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from VND 50,000,000 to less than VND 70,000,000;
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e) A fine ranging from VND 90,000,000 to VND
120,000,000 shall be imposed if the species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from 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 species of wild flora involved in that
violation are worth from VND 210,000,000 to less than VND 240,000,000;
l) A fine ranging from VND 240,000,000 to VND
270,000,000 shall be imposed if the species of wild flora involved in that
violation are worth from VND 240,000,000 to less than VND 270,000,000;
m) A fine ranging from VND 270,000,000 to VND
300,000,000 shall be imposed if the species of wild flora involved in that
violation are worth from VND 270,000,000 to less than VND 300,000,000.”
31. Amending and supplementing Article 44 as
follows:
a) Amending clause 1, 2 and 3 as follows:
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a) Failing to report to competent state authorities
on the transfer of genetic resources or derivatives thereof to third parties
for use in non-commercial researches;
b) Failing to make periodic reports or progress
reports as prescribed during the time of accessing genetic resources for
non-commercial researches as stated in the license to access genetic
resources.”
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Failing to comply with the requirements of the
Plan on access to genetic resources approved by the relevant competent state
authority;
b) Failing to report to competent state authorities
on the transfer of genetic resources or derivatives thereof to third parties
for use in commercial researches and development of commercial products;
c) Failing to share benefits obtained from use of
genetic resources with relevant parties according to regulations;
d) Failing to make periodic reports or progress
reports as prescribed during the time of accessing genetic resources for
commercial researches and development of commercial products as stated in the
license to access genetic resources;
dd) Moving genetic resources out of the territory
of Vietnam but failing to comply with the requirements specified in the License
to access genetic resources or the Decision on permission to bring genetic
resources abroad for study/non-commercial research purposes;
e) Using the License to access genetic resources in
contravention of its stated contents and/or purposes;
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3. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for the act of exchanging, transferring or
supplying genetic resources under the penetrator’s management with/to other
entity or person in contravention of laws; transferring genetic resources or
derivatives of genetic resources of which purposes for use as stated in the
license to access genetic resources are changed."
b) Amending point a of clause 5 as follows:
“a) Dispossessing the right to use the License to
access genetic resources for 06 - 12 months in case of commission of the
violations prescribed in point a, b, c, d, dd, e and g of clause 2 of this
Article;”
32. Amending and supplementing Article 46 as
follows:
a) Amending clause 1 as follows:
“1. A fine ranging from VND 100,000 to VND 500,000
shall be imposed for the act of failing to disclose information about the level
of risk and measures to manage risk to the environment and biodiversity when
importing, trading or releasing genetically modified organisms and/ or their
genetic specimens.”
b) Adding clause 2a and 2b in front of clause 2 as
follows:
“2a. A fine ranging from VND 10,000,000 to
VND 20,000,000 shall be imposed for the act of failing to properly implement
the requirements of the biodiversity Certificate.
2b. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the act of disguising information about risk of
causing negative impacts on the environment or biodiversity by genetically
modified organisms, genetic specimens and products of genetically modified
organisms.”
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“dd) Apply the remedies stipulated in point a, b,
c, dd, e, g, h, i, k, l, m, o, p, q, r, s and t of clause 3 of Article 4 in
this Decree.”
34. Amending and supplementing Article 49 as
follows:
“1. Soldiers of People’s Public Security Forces on
duty shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000.
2. Heads of public security stations, and leaders
in charge of the persons mentioned in clause 1 of this Article shall have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 1,500,000.
3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates or export
processing zones shall have the power to:
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b) Impose a fine up to VND 2,500,000;
c) Confiscate exhibits and instruments of
administrative violation worth up to VND 2,500,000;
d) Enforce the remedial measures mentioned in
points a, c and dd of clause 3 of Article 4 of this Decree.
4. Sheriffs of the district-level Police and Heads
of provincial-level Police Divisions, including: Directors of the
Environmental Police Divisions and Directors of Immigration Divisions on duty
shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Dispossess environmental licenses or suspend
relevant activities for a definite period within their jurisdiction;
d) Confiscating exhibits and instruments of
administrative violation worth up to VND 25,000,000;
dd) Apply the remedies stipulated in point a, c,
dd, i, k, l, m, o, p, q, r, s and t of clause 3 of Article 4 herein.
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a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Dispossess the right to use environmental
licenses or suspend relevant activities for a definite period;
d) Confiscate exhibits and instruments of
administrative violation worth up to VND 50,000,000;
dd) Apply the remedies stipulated in point a, c, d,
h, i, k, l, m, o, p, q, r, s and t of clause 3 of Article 4 herein.
6. Director of the Environmental Police
Administration and Director of Immigration Department on duty shall have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 1,000,000,000;
c) Dispossess the right to use environmental
licenses or suspend relevant activities for a definite period;
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dd) Apply the remedies stipulated in point a, c,
dd, h, i, k, l, m, o, p, q, r, s and t of clause 3 of Article 4 herein.”
35. Amending and supplementing Article 52 as
follows:
a) Amending point a of clause 1 as follows:
“a) Forestry forces shall, under their authority,
and within the sectors under their management and scope of duties, have the
power to impose penalties for administrative violations against regulations on
environmental protection involving ranger’s activities prescribed in Articles
39, 40, 41 and 42 of clause 1, 2, 3, 4 and 5 of Article 43, 44, 45, clause 1,
2a, 2b, 2, point a of clause 3, point a of clause 4 of Article 46 and 47 in
this Decree. Agriculture and rural development inspectorates shall, under their
authority, and within the sectors under their authority and scope of their
duties, have the power to impose penalties for administrative violations
against regulations on environmental protection involving agriculture and rural
development activities prescribed in Clause 5 Article 12, Clause 3 Article 27,
Clause 3 Article 34, and Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this
Decree. Aquaculture inspectorates shall, under their authority, and within the
sectors under their authority and scope of their duties, have the power to
impose penalties for administrative violations against regulations on
environmental protection involving aquatic activities prescribed in Clause 5
Article 12, Clause 3 Article 27, and Articles 39, 41, 42, 43, 44, 45, 46 and 47
of this Decree;”
b) Amending point d and dd of clause 1 as follows:
“d) Border guard forces shall, under their
authority and within the sectors under their authority and scope of their
duties, have the power to impose penalties for administrative violations
against regulations on environmental protection prescribed in Articles 20, 21,
22, 23, 27, 33, 34, 39, 40, 41, 42; clauses 1, 2, 3, 4 and 5 of Article 43;
clauses 1, 2a, 2b, 2, point a of clause 3, point a of clause 4 of Article
46 and 47 in this Decree;
dd) Coast guard forces shall, under their
authority, and within the sectors under their authority and scope of their duties,
have the power to impose penalties for administrative violations against
regulations on environmental protection occurring in the waters, the exclusive
economic zone or zones under the sovereignty of the Socialist Republic of
Vietnam prescribed in Articles 13, 14, 15, 16, 19, 20; Clauses 7, 8, 9 and 10
Article 21; Clauses 6, 7, 8 and 9 Article 22; Articles 27, 33, 34, 39, 40, 41,
42; clauses 1, 2, 3, 4 and 5 Article 43; Article 44, 45; clauses 1, 2a, 2b, 2,
point a clause 3, point a clause 4 Article 46 and 47 in this Decree;"
c) Amending point e of clause 1 as follows:
“e) Customs agencies shall, under their authority,
and within the sectors under their authority and scope of their duties, have
the power to impose penalties for administrative violations against regulations
on environmental protection involving customs activities prescribed in clauses
1, 2, 3 Article 24; clause 4, 5, 6 and 7 Article 25; Article 26, 40, 43, 46 and
47 in this Decree;”
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“h) People's Public Security Forces shall have the
power to sanction administrative violations according to its competence, within
their remit and scope, for administrative violations specified at Points c, d,
dd, e, g, i, k and 1 clause 1 Article 9; Clause 1 Article 10; Clause 4 Article
11; points c and d clause 2, points c, d, dd and e clause 3, points g, h, i and
k clause 4, points a, b and c clause 5, points b and c clause 6, Points a, b,
c, d and e, Clause 7, Article 12; Points d and dd Clause 1, Points b and c
Clause 2, Clause 3, Clause 4 Article 13a; Articles 13, 14, 15, 16, 17, 18 and
19; Clauses 1, 2, 3, 9a, 9, 10 and 11 Article 20; Point b, Clause 2, Clauses 7,
8, 9 and 10 Article 21; Clauses 5, 6, 7, 8 and 10a Article 22; Clauses 5, 6, 7,
8 and 9a Article 23; Clauses 2 and 3, Points dd, e and g, Clause 4, Article 24;
Clauses 5, 6 and 7 Article 25; Point dd Clause 3, Clauses 4, 5 and 6 Article
27; Clauses 1, 2, 3 and 5 Article 31; Point c Clause 4, Point b Clause 5, Point
b Clause 6 and Clause 8 Article 33; Points b and d clause 1, point d clause 3
Article 34; Clauses 2, 3 and 4 Article 40; Article 41; Clauses 1, 2, 3, 4 and 5
Article 43, Article 47, and acts of installing equipment, pipelines or other
waste discharge routes to discharge untreated waste into the environment
specified at Point c clause 1, point c clause 2, point c clause 3, point c
clause 4 Article 8, point h clause 2 Article 9, point c clause 2 Article 10,
point b clause 1, point b clause 2, point b clause 3, Point b, Clause 5,
Article 11 of this Decree;”
dd) Amending point i and k of clause 1 as follows:
“i) Chairpersons of communal-level People’s
Committees shall, within their authority and the scope of management, have the
power to impose penalties for administrative violations against regulations on
environmental protection prescribed in Point a Clause 1, Point a, Clause 2,
Article 11; Clauses 1, 2, 6, 9 Article 20; Articles 39, 40, 41, 42; Clauses 1
and 2 Article 43; Clauses 1, 2, Article 45 and Clause 1, Article 46 of this
Decree;
k) Presidents of district-level People’s Committees
shall, within their authority and the scope of their management, have the power
to impose penalties for administrative violations against regulations on
environmental protection prescribed in Articles 8, 11, 13, 14, 15, 16, 17, 18,
19, 20, 27, 28, 30, 36, 37, 39, 40, 41, 42; Clauses 1, 2, 3, 4 and 5 Article
43, Article 44, Article 45, Clauses 1, Clause 2a, Clause 2b, Clause 2, Point a
Clause 3 Article 46 and Article 47 of this Decree;”
36. Adding clause 4 to Article 55 as follows:
“4. For administrative violations subject to
remedial measures applied in the form of compelling preparation and replace
environmental impact assessment reports, registration for environmental
protection plans, submission of application documents for certification of
completion of environmental protection works, submission of application for
licenses for treatment of hazardous waste, submission of application for
certificates of conformance to environmental protection requirements in the importation
of scrap for use as raw materials, renovation and upgradation of environmental
protection works to meet technical requirements, and re-grant of certificates
of completion of environmental protection works, procedures for examination,
inspection and confirmation that the consequences of violations have been
completely remedied with regard to individuals and organizations shall be
integrated into the processes of appraisal and approval of environmental impact
assessment reports for the purposes of certifying environmental protection
plans, granting licenses for hazardous waste treatment, granting certificates
of conformance to environmental protection requirements in the import of scrap
for use as raw materials, issuing and re-issuing certificates of completion of
environmental protection works of competent state authorities. Results of
processing of these administrative procedures shall replace conclusions about
examination or inspection of remediation of consequences of violations against
environmental protection regulations for use by individuals and organizations
as provided in this Article.”
37. Amending clause 1 and adding clause 4 to
Article 56 as follows:
a) Amending clause 1 of Article 56 as follows:
“1. Administrative violation reports must conform
to regulations laid down in laws on sanctioning of administrative violations.”
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“4. Persons having competence in sanctioning
administrative violations may impose administrative penalties without needing
to issue violation reports in case of the violations prescribed in Article 8,
13a, 13, 14, 15, 16, 17, 18, 28, 30, 31, 39, 40, 42, 43, 44 and 45, or may
impose fines of up to VND 250,000 on perpetrating individuals or VND 500,000 on
perpetrating entities in case of the violations prescribed in point a and b
Clause 1 Article 20 in this Decree; except the administrative violations
discovered by using technical and professional devices and
equipment."
Article 2. Entry into force
This Decree shall enter into force as of July 10,
2021.
Article 3. Grandfather clause
1. If any administrative violation arising from
cultural and advertising activities occurs before the effective date of this
Decree and then is discovered, or if the decision to sanction such violation is
considered under this Decree that does not prescribe legal liability or imposes
lighter legal liability for such violation, regulations of this Decree shall
apply.
2. If sanctioned persons or entities or persons
subject to administrative penalties continue to appeal against administrative
sanction decisions already issued before the entry into force of this Decree,
regulations of the Law on Sanctioning of Administrative Violations shall be
applied.
Article 4. Implementation
responsibilities
Ministers, Heads of Ministry-level agencies, Heads
of Governmental bodies, Presidents of People’s Committees at all levels, other
organizations and individuals involved shall be responsible for implementing
this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh
APPENDIX I
LIST OF HAZARDOUS PARAMETERS OF WASTE
(To the Government’s Decree No. 55/2021/ND-CP dated May 24, 2021)
I. LIST OF HAZARDOUS PARAMETERS OF WATER OR
WASTEWATER
No.
Hazardous
compounds
Chemical
formula
A
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Group of heavy metals and their inorganic
compounds (expressed as metal elements)
1
Arsenic
As
2
Cadmium
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3
Lead
Pb
4
Zinc
Zn
5
Nickel
Ni
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Mercury
Hg
7
Chromium VI
Cr
Other inorganic compounds
8
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
F-
9
Cyanide/Total cyanide
CN-
B
Hazardous organic compounds
1
Total phenol
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2
PCB
3
Dioxin
4
Mineral oil
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Organochlorine pesticides
6
Organophosphorus pesticides
7
Absorbable organic halides (AOX)
II. HAZARDOUS PARAMETERS OF AIR AND GAS
EMISSION
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Hazardous
parameters
Chemical
formula
A
Inorganic compounds
1
Arsenic and its compounds, expressed as As
As
2
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
HCI
3
Gaseous HNO3 (other sources),
expressed as NO2
HNO3
4
Gaseous H2SO4 or SO3,
expressed as SO3
H2SO4
5
Silica dust
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6
Cadmium and its compounds, expressed as Cd
Cd
7
Chlorine
Cl2
8
Fluorine, HF or inorganic fluorine compounds,
expressed as HF
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Mercury (metal and its compounds, expressed as
Hg)
Hg
10
Hydrogen cyanide
HCN
11
Lead and its compounds, expressed as Pb
Pb
12
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
B
Organic compounds
1
Acetaldehyde
CH3CHO
2
Acrolein
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3
Aniline
C6H5NH2
4
Benzidine
NH2C6H4C6H4NH2
5
Benzene
C6H6
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chloroform
CHCI3
7
Formaldehyde
HCHO
8
Naphthalene
C10H8
9
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
C6H5OH
10
Tetrachloroethylene
C2Cl4
11
Vinyl chloride
ClCH=CH2
12
Methyl mercaptan
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
13
Styrene
C6H5CH=CH2
14
Toluene
C6H5CH3
15
Xylene
C6H4(CH3)2
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Total dioxins/furans