What are the maximum fines for administrative violations in the field of environmental protection in Vietnam?
What are forms and levels of administrative fines for violations in the field of environmental protection in Vietnam?
According to Article 4 of Decree 45/2022/ND-CP stipulating the forms, levels of fines, and remedial measures:
- Main forms of fines and fine levels: Individuals and organizations with administrative violations in the field of environmental protection shall be subject to one of the following main fine forms:
+ Warning;
+ Maximum fine for an administrative violation in the field of environmental protection is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations.
- Additional Forms of fines:
+ Temporary revocation of: environmental permits; certificates of eligibility for environmental monitoring services; permits for access to genetic resources; permits for conducting experiments on genetically modified organisms; decisions recognizing laboratories for researching genetically modified organisms; decisions recognizing facilities for experimenting on genetically modified organisms (hereinafter collectively referred to as permits) or temporary suspension of activities as stipulated in Clause 2, Article 25 of the Law on Handling Administrative Violations from 1 month to 24 months, from the date the decision on administrative fines takes effect;
+ Confiscation of administratively violating materials, means used for administrative violations in the field of environmental protection (hereinafter collectively referred to as violating materials, means); confiscation of valuable products after destruction and handling according to the provisions of law;
+ The application of additional fines of temporary suspension of activities or temporary revocation of environmental permits for facilities providing public products and services assigned tasks, orders, or bidding by the state will be implemented according to the provisions of this Decree, except in cases where the facility's violations do not cause environmental pollution or the facility has ceased the violations or has remedied the consequences caused by the administrative violation;
+ The timing of temporary suspension of activities or temporary revocation of environmental permits starts from the time the state agency has assigned tasks, ordered, or tendered assignments, designated units, or selected other contractors to provide public products and services.
What are the maximum fines for administrative violations in the field of environmental protection in Vietnam? (Image from the internet)
What are the fines and authority to impose fines on administrative violations in the field of environmental protection in Vietnam?
According to Article 6 of Decree 45/2022/ND-CP on the level of fines and authorityto impose fines on administrative violations:
- The maximum fine for an administrative violation in the field of environmental protection as specified in law on handling administrative violations.
- The fine for administrative violations as stipulated in Chapter II of this Decree is the fine applied to administrative violations committed by individuals. For organizations with the same violations, the fine is twice the fine for individuals.
- The authority to fine administrative violations of those stipulated in Articles 56 to 67 of this Decree is the authority to apply to an administrative violation by individuals. In the case of fines, the authority to fine organizations is twice the authority to fine individuals.
+ In cases of additional fines for environmental parameters that exceed technical standards of the same waste sample, the fine authority is calculated according to the violation with the highest fine of that waste sample, including additional fines.
What is the statue of limitations for administrative violations in the field of environmental protection in Vietnam?
According to Article 5 of Decree 45/2022/ND-CP stipulating the statue of limitations for administrative violations:
"Article 5. Statue of limitations for administrative violations
1. The time limit for fineing administrative violations in the field of environmental protection is 2 years.
2. Ongoing violations, completed violations, the time to calculate the time limit for fineing administrative violations in this Decree is stipulated as follows:
a) Violations stipulated in Article 9; points e, g, h Clause 1, points e, g, h Clause 2, points e, g, h Clause 3 Article 11; points b, c Clause 1, points b, c Clause 2 Article 13; points b, d, e Clause 1, points c, d, dd Clause 2, points c, d, dd Clause 3, points c, d, dd Clause 4 Article 14; Clause 2, points e, g, h Clause 3, points e, g, h, i Clause 4, Clause 6 Article 15, and Article 38 of this Decree are ongoing administrative violations, the time limit is calculated from the time the competent authority discovers the violation;
b) Violations stipulated in point b Clause 1, point b Clause 2 Article 10; point b Clause 1, point b Clause 2, point b Clause 3 Article 11; Clause 1 Article 32; Clause 1 Article 33; Clause 1, point c Clause 3 Article 43 of this Decree are ongoing violations, the time limit is calculated from the time organizations or individuals must publicly disclose information or submit periodic reports as stipulated;
c) Violations stipulated in Articles 18, 19, 20, 21, 22, 23 of this Decree are completed violations, the time limit is calculated from the time of sampling;
d) Violations stipulated in Clause 2 Article 25 of this Decree are completed violations, the time of completion is calculated from the time the violation is fully carried out;
dd) Except for the violations stipulated in points a, b, c, and d of this section, other violations stipulated in this Decree are identified for the fineing time limit by the competent authority according to point b Clause 1 Article 6 of the Law on Handling Administrative Violations."
Therefore, administrative violations in the field of environmental protection will be fined with warnings and a maximum fine of VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations.
Decree 45/2022/ND-CP has been effective since August 25, 2022.
LawNet
