Penalties for solid waste management violations in Vietnam

Article 26 of Decree No. 45/2022/ND-CP dated July 7, 2022 of the Government stipulating penalties for administrative violations in the field of environmental protection, stipulating penalties for violations of regulations on classification, Collect, transport, bury, backfill, dump, incinerate, and treat common solid waste, specifically as follows:

1. Fine from 500,000 VND to 1,000,000 VND for households and individuals not classifying household solid waste according to regulations; Do not use packaging for household solid waste according to regulations.

2. Violations by agencies, organizations, and owners of production, business, and service establishments that generate ordinary industrial solid waste are subject to penalties as follows:

a) A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of not having a handover record of ordinary industrial solid waste that must be treated for each transfer according to regulations;

b) Fine from 20,000,000 VND to 25,000,000 VND for failure to classify conventional industrial solid waste according to regulations; Ordinary industrial solid waste storage equipment and tools do not meet technical requirements for environmental protection according to regulations; Warehouses or storage areas for conventional industrial solid waste do not meet technical requirements for environmental protection as prescribed; Failure to sign a contract with a unit with the functions of collecting, transporting, and treating regular industrial solid waste according to regulations;

c) 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;

d) Fine from 30,000,000 VND to 50,000,000 VND for self-recycling, processing, co-processing, and energy recovery from common industrial solid waste when not meeting protection requirements. environment according to regulations.

3. Violations of agencies, organizations, production, business, and service establishments, investors in construction and business of infrastructure in production, business, and concentrated service zones and industrial clusters have Generating household solid waste with a total volume of 300 kg/day or more, except for the cases specified in Clauses 1 and 2 of this Article, shall be penalized as follows:

a) Fine from 15,000,000 VND to 20,000,000 VND for failure to sign a contract with a unit with the functions of collecting, transporting, reusing, recycling, and treating waste according to regulations;

b) Fine from 20,000,000 VND to 30,000,000 VND for using vehicles to transport household solid waste that do not meet technical requirements on environmental protection according to regulations.

4. Violations in the collection and transportation of ordinary industrial solid waste are subject to penalties as follows:

a) Fine from 3,000,000 VND to 5,000,000 VND for not having a handover record of regular industrial solid waste for each transfer or batch of transfer for the group of regular industrial solid waste according to regulations;

b) Fine from 5,000,000 VND to 10,000,000 VND for failure to sign a contract to collect and transport common industrial solid waste that must be treated with the waste source according to regulations;

c) A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for using means of transport, storage equipment, transfer stations, and temporary storage areas for ordinary industrial solid waste that do not meet the requirements. technical requirements on environmental protection according to regulations; Do not transport regular industrial solid waste by type after it has been classified according to regulations; Vehicles transporting conventional industrial solid waste that must be handled without locating devices according to regulations; Ordinary industrial solid waste collection and transportation activities do not follow the routes and times prescribed by the Provincial People's Committee.

5. Penalties for violations in the collection, transportation and treatment of household solid waste are as follows:

a) Fine from 5,000,000 VND to 10,000,000 VND for failure to provide professional training and 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; Failure to sign collection, transportation, and treatment service contracts with agencies, organizations, and establishments that generate household solid waste;

b) A fine from 10,000,000 VND to 20,000,000 VND shall be imposed for transporting household solid waste to the correct collection point, transfer station, prescribed location, or waste treatment facility according to regulations. determination; Transporting household solid waste incorrectly via route and time according to regulations of the Provincial People's Committee; Failure to coordinate with commune-level People's Committees, 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 time to close 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 closing the household solid waste landfill according to regulations. determination;

c) A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for failure to ensure adequate requirements for human resources, vehicles and specialized equipment to collect and transport all household solid waste in areas specified location; Vehicles transporting household solid waste do not install trip monitoring equipment or do not provide transportation information and data to local competent state management agencies;

d) Fine from 30,000,000 VND to 40,000,000 VND for using means and equipment that do not meet technical requirements on environmental protection as prescribed; Leaving household solid waste scattered, causing dust, odors or leaking water to adversely affect the environment during collection and transportation; Failure to clean, spray and deodorize vehicles transporting household solid waste before leaving the transfer station, treatment facility and after completing the collection and transportation of household solid waste;

d) Fine from 40,000,000 VND to 50,000,000 VND for failure to arrange equipment and vehicles to collect and transport household solid waste according to regulations; Failure to arrange vehicles and equipment to collect and store leachate at transfer stations according to regulations; does not meet one of the technical requirements on environmental protection for domestic solid waste transfer stations according to regulations; Domestic solid waste collection points do not arrange waste storage equipment according to regulations, do not carry out cleaning and deodorization, and do not have lighting according to regulations;

e) Fine from 50,000,000 VND to 60,000,000 VND for not having safety signs and instructions in the landfill after closing the landfill for domestic solid waste; Failure to prepare documents and hand over the site to the competent state agency after completing pollution treatment activities and improving the environment of the domestic solid waste landfill according to regulations; Failure to re-establish the topographic map of the household solid waste landfill area according to regulations;

g) A fine from 100,000,000 VND to 150,000,000 VND shall be imposed for failure to improve the landscape or take measures to prevent environmental pollution immediately after closing the landfill of domestic solid waste; Failure to organize monitoring and tracking of environmental developments at the household solid waste landfill from the date of closing the landfill and reporting to the provincial environmental protection specialized agency according to regulations.

6. Penalties for violations of investment project owners, owners, and management boards of urban areas, apartment buildings, and office buildings are as follows:

a) A fine from 200,000,000 VND to 250,000,000 VND shall be imposed for failure to arrange equipment, facilities, and locations to classify at source, collect, and store household solid waste according to regulations;

b) Fine from 250,000,000 VND to 300,000,000 VND for failure to organize waste collection from households and individuals according to regulations; Failure to arrange a suitable collection point for domestic solid waste within the investment project's premises according to regulations.

7. Violations in ordinary industrial solid waste treatment activities are typically punished as follows:

a) A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for failure to periodically or unexpectedly report on the situation of generation and treatment of common industrial solid waste as requested by the housing management agency. competent state; There is no handover record of normal industrial solid waste that must be processed for each transfer; Failure to keep a log of operations of treatment systems, facilities, and equipment including preliminary processing, reuse, recycling, co-processing, and energy recovery of conventional industrial solid waste; there is no tracking number of products recycled or recovered from conventional industrial solid waste according to regulations;

b) A fine from 30,000,000 VND to 50,000,000 VND shall be imposed for not having means, equipment, or storage tools for conventional industrial solid waste that meet technical requirements as prescribed;

c) Fines from 100,000,000 VND to 120,000,000 VND for acts of treating ordinary industrial solid waste inconsistent with the area of operation, capacity, type of waste, systems and equipment Treat waste invested in construction and installation according to regulations; Indoor or outdoor conventional industrial solid waste warehouses or storage areas do not meet technical requirements on environmental protection as prescribed;

d) Fine from 130,000,000 VND to 150,000,000 VND for not having a warehouse or storage area for regular industrial solid waste according to regulations.

8. Acts of transferring, giving, or selling regular solid waste to units that do not have the functions and processing capacity according to regulations; Burying, burying, dumping, discharging, and burning ordinary solid waste contrary to regulations on environmental protection, except in cases of environmental crimes; Receiving ordinary solid waste but not taking treatment measures or not transferring it to a unit with treatment function according to regulations shall be penalized as follows:

a) A fine from 2,000,000 VND to 5,000,000 VND shall be imposed in cases of transferring, giving, selling, receiving, burying, backfilling, dumping, dumping or burning ordinary solid waste under 1,000 kg;

b) Fine from 5,000,000 VND to 10,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 1,000 kg to under 2,000 kg;

c) Fine from 10,000,000 VND to 15,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 2,000 kg to under 3,000 kg;

d) Fine from 15,000,000 VND to 20,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 3,000 kg to under 4,000 kg;

d) Fine from 20,000,000 VND to 25,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 4,000 kg to under 5,000 kg;

e) Fine from 25,000,000 VND to 30,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning regular solid waste from 5,000 kg to under 10,000 kg;

g) Fine from 30,000,000 VND to 35,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 10,000 kg to under 20,000 kg;

h) Fine from 35,000,000 VND to 40,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 20,000 kg to under 30,000 kg;

i) Fine from 40,000,000 VND to 50,000,000 VND for cases of transferring, giving, selling, receiving, burying, burying, dumping, dumping or burning ordinary solid waste from 30,000 kg to under 40,000 kg;

k) Fine from 50,000,000 VND to 100,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning regular solid waste from 40,000 kg to under 60,000 kg;

l) Fine from 100,000,000 VND to 150,000,000 VND for cases of transferring, giving, selling, receiving, burying, burying, dumping, dumping or burning ordinary solid waste from 60,000 kg to less than 80,000 kg, except for cases of environmental crimes;

m) Fine from 150,000,000 VND to 200,000,000 VND for cases of transferring, giving, selling, receiving, burying, filling, dumping, dumping or burning ordinary solid waste from 80,000 kg to less than 100,000 kg, except for cases of environmental crimes;

n) Fine from 200,000,000 VND to 250,000,000 VND for cases of transferring, giving, selling, receiving or burning regular solid waste of 100,000 kg or more.

9. An increase of 40% to 50% of the fine compared to the corresponding fine for violations specified in Clause 8 of this Article in case of causing environmental pollution or regular solid waste containing Hazardous environmental parameters exceed surrounding environmental technical regulations. The total fine for each violation shall not exceed 1,000,000,000 VND.

10. Fines from 900,000,000 VND to 1,000,000,000 VND for violations specified in Clause 8 of this Article in cases where regular solid waste contains radioactive substances, causing environmental contamination, except in the following cases: environmental crimes.

11. Agencies, organizations, production, business and service establishments, investors who build and operate infrastructure in production, business and service zones, industrial clusters that generate solid waste activities with a total volume of less than 300kg/day and choose the form of household solid waste management such as households and individuals, the handling of violations shall be carried out according to the provisions of Clause 1 of this Article as for with the organization..."/.