Penalties for some administrative violations in the field of environmental protection in Vietnam

On July 7, 2022, the Government issued Decree No. 45/2022/ND-CP regulating penalties for administrative violations in the field of environmental protection. This Decree regulates administrative violations, forms of punishment, penalty levels, remedial measures for administrative violations, authority to make records of administrative violations, authority to handle administrative violations. Penalties for administrative violations in the field of environmental protection. Accordingly, the penalties for a number of administrative violations in the field of environmental protection are prescribed as follows:

1. Disposing of waste against regulations on environmental protection can be fined up to 2 million VND

Accordingly, Clause 2, Article 25 of the Decree stipulates:

- The act of throwing, discarding, leaving cigarette butts, butts, or butts in the wrong place in an apartment complex, commercial, service area or public place is subject to a fine of from 100,000 VND to 150,000 VND.

- Personal hygiene behavior (urinating, defecating) not in the prescribed place in an apartment complex, commercial, service or public place will be fined from 150,000 VND to 250,000 VND.

- The act of throwing, dumping, discarding waste, dumping wastewater in the wrong place in an apartment complex, commercial, service or public place shall be fined from 500,000 VND to 1,000,000 VND.

- The act of throwing, dumping, or abandoning waste on sidewalks, roads, or into the urban wastewater drainage system or surface water drainage system; improper dumping of wastewater on sidewalks and streets; Disposing of plastic waste generated from daily activities into ponds, lakes, canals, rivers, streams, and seas is subject to a fine from 1,000,000 VND to 2,000,000 VND.

2. Transporting materials to spill into the environment can be fined up to 4 million VND

The act of transporting raw materials without cover or letting them fall into the environment while participating in traffic is subject to a fine from 2,000,000 VND to 4,000,000 VND.

In addition, for the act of not using specialized equipment and vehicles during the transportation of materials and goods that leak or spread into the environment, a fine of from 10,000,000 VND to 15,000,000 VND will be imposed.

3. Failure to classify household solid waste will result in a fine of up to 1 million VND

Accordingly, Clause 1, Article 26 of the Decree stipulates a fine from 500,000 VND to 1,000,000 VND for households and individuals who do not classify household solid waste according to regulations; Do not use packaging for household solid waste according to regulations.

In addition, Point c, Clause 2, Article 26 of the Decree stipulates that violations of agencies, organizations, and owners of production, business, and service establishments that generate ordinary industrial solid waste will be punished. as follows: Fine from 25,000,000 VND to 30,000,000 VND for failure to separately store ordinary industrial solid waste that has been classified according to regulations; There is no equipment, tools, areas or warehouses to store conventional industrial solid waste according to regulations.

4. Violations in the collection, transportation, and treatment of household solid waste

Clause 5, Article 26 stipulates that violations in the collection, transportation, and treatment of household solid waste are punished as follows:

- Fines from 5,000,000 VND to 10,000,000 VND for the following acts:

+ No professional training or labor protection equipment for workers collecting and transporting household solid waste;

+ Failure to notify competent authorities in case of refusal to collect and transport household and individual solid waste without classifying or using packaging according to regulations;

+ Do not sign collection, transportation, and treatment service contracts with agencies, organizations, and establishments that generate household solid waste;

- Fine from 10,000,000 VND to 20,000,000 VND for the following acts:

+ Transporting household solid waste to the correct collection point, transfer station, prescribed location, or waste treatment facility according to regulations;

+ Transporting household solid waste incorrectly by route and time according to regulations of the Provincial People's Committee;

+ Failure to coordinate with the commune-level People's Committee, residential communities, and residential area representatives in determining the time, location, frequency, and route of household solid waste collection;

+ Failure to widely publicize the time, location, frequency and route of household solid waste collection according to regulations;

+ Failure to notify the provincial-level specialized environmental protection agency in the area about the closing time of the household solid waste landfill for monitoring according to regulations;

+ Failure to report to the approving agency the results of appraisal of the environmental impact assessment report on the current status of the household solid waste landfill within 6 months from the date of closure of the household solid waste landfill according to regulations.

5. Violations of regulations on environmental protection in agricultural production

- The act of outdoor burning of by-products from crops near residential areas, airports, and main traffic routes is subject to a fine of from 2,500,000 VND to 3,000,000 VND.

- Failure to register, inventory, report and manage information on chemicals, pesticides and veterinary drugs according to regulations; Using chemicals, plant protection drugs, or veterinary drugs against regulations and causing environmental pollution will result in a fine from 10,000,000 VND to 15,000,000 VND.

- Failure to evaluate and control chemicals, plant protection drugs, or veterinary drugs according to regulations will result in a fine of from 30,000,000 VND to 50,000,000 VND.

- Acts of using pesticides, veterinary drugs, or chemicals that have expired or are not on the permitted list and cause environmental pollution will be fined from 50,000,000 VND to 70,000,000 VND.

- The act of importing chemicals and materials containing hazardous chemicals that do not meet environmental protection regulations is subject to a fine of from 50,000,000 VND to 100,000,000 VND.

This Decree takes effect from August 25, 2022, replacing Decree No. 155/2016/ND-CP dated November 18, 2016 of the Government regulating penalties for administrative violations in the field of insurance. Environmental protection and Decree No. 55/2021/ND-CP dated May 24, 2021 of the Government amending and supplementing a number of articles of Decree No. 155/2016/ND-CP./.