VND 3,500,000 to be applied for individuals burning crop byproducts outdoors next to residential areas and main roads in Vietnam?

Main Content

• Expired fertilizers and pesticides to be managed for environmental protection in agricultural production in Vietnam?
• What are the penalties for individuals burning crop byproducts outdoors next to residential areas and main roads in Vietnam?
• How long is the statute of limitations for administrative penalties for violations of environmental protection in agricultural production?

Expired fertilizers and pesticides to be managed for environmental protection in agricultural production in Vietnam?

Pursuant to Article 61 of the Law on Environmental Protection 2020, the environmental protection contents in agricultural production are as follows:

“Article 61. Environmental protection in agricultural production

1. Every entity that produces, imports, sells and/or uses chemicals, agrochemicals, veterinary drugs and fertilizers must comply with regulations of law on environmental protection regulations and other relevant regulations of law.

2. It is required to register, inventory, control, manage information about, assess and manage risks and handle chemicals, agrochemicals and veterinary drugs that are highly toxic, persist, spread and accumulate in the environment resulting in adverse impacts on environment and human health.

3. Expired fertilizers, environmental remediation products in livestock production, agrochemicals, veterinary drugs, aquaculture feeds and environmental remediation products in aquaculture must be managed in accordance with relevant regulations of law. Containers of fertilizers, animal feeds, aquaculture feeds, agrochemicals, veterinary drugs, environmental remediation products in aquaculture and products for livestock waste treatment after use, and sludge and feeds accumulated after cleaning of aquaculture ponds must be managed in accordance with waste management regulations. Sludge dredged from channels and hydraulic structures must be collected, reused, recycled and managed as prescribed by law. Dead animals must be collected and dealt with in accordance with regulations on hazardous waste management and preventive medicine.

4. Agricultural by-products must be collected to manufacture products and goods, used as raw materials and fuels, used for production of fertilizers and energy or managed as prescribed; by-products of plants must not be burned in the open air to avoid causing environmental pollution.

5. The use of livestock waste as organic fertilizers or for plant watering or for other purposes must comply with the Government’s regulations.

6. The State shall introduce policies to encourage innovation of models and methods for agricultural production in a sustainable and climate-resilient manner that saves water and restricts the use of inorganic fertilizers, agrochemicals and environmental remediation products in agriculture; develop environmentally-friendly agriculture models.

7. The Ministry of Agriculture and Rural Development shall direct and organize management of sludge dredged from channels and hydraulic structures in compliance with environmental protection requirements.”

Thus, in order to protect the environment in agricultural production activities, it is necessary to comply with the contents specified above.

In particular, fertilizers and pesticides that have expired must be managed according to the provisions of law.

VND 3,500,000 to be applied for individuals burning crop byproducts outdoors next to residential areas and main roads in Vietnam?

What are the penalties for individuals burning crop byproducts outdoors next to residential areas and main roads in Vietnam?

Pursuant to Article 41 of Decree 45/2022/ND-CP stipulates as follows:

“Article 41. Violations against regulations on environmental protection in agricultural production

1. A fine of between VND 2,500,000 and VND 3,000,000 shall be imposed for outdoor burning of crop by-products near residential areas, airports, and main traffic routes.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to register, inventory, report and manage information on chemicals, pesticides and veterinary drugs according to regulations; using chemicals, plant protection drugs, veterinary drugs in contravention of regulations and causing environmental pollution.

…

6. Additional penalty forms:

Suspend the operation of the establishment's source of waste causing environmental pollution for from 09 months to 12 months in case of violations specified in Clauses 4 and 5 of this Article.

7. Remedial measures:

Forced to take measures to remedy environmental pollution according to regulations and report on the results of overcoming the consequences of violations or remedying environmental incidents within the time limit set by the person with penalty competence. in the decision on penalty administrative violations for the violations specified in Clauses 2 and 4 of this Article.”

Thus, in the coming time, violations of regulations on environmental protection in agricultural production will be based on the above cases to determine the appropriate administrative sanction.

Accordingly, the act of outdoor burning crop byproducts near residential areas, airports, and main traffic routes will be administratively fined from VND 2,500,000 to VND 3,000,000 for individuals.

In addition, based on violations to determine additional penalty forms and remedial measures according to the above provisions.

Notes: the level of administrative fines in accordance with the above provisions only apply to individual. In case the organization violates, the administrative sanction will be 2 times that of the individual.

How long is the statute of limitations for administrative penalties for violations of environmental protection in agricultural production?

Pursuant to Article 5 of Decree 45/2022/ND-CP stipulates as follows:

“Article 5. Statute of limitations for penalty administrative violations

1. The statute of limitations for penalty administrative violations in the field of environmental protection is 2 years.

2. The violations being performed, the violations that have ended, the time to calculate the statute of limitations for penalty administrative violations in this Decree is prescribed as follows:

a) The acts specified 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 and c Clause 1, Points b and 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 administrative violations being committed, the statute of limitations shall be calculated. from the time the person competent to perform official duties detects the violation;

…

dd) Except for the acts specified at Points a, b, c and d of this Clause, the other acts specified in this Decree shall have the statute of limitations for penalty determined by the person with penalty competence according to Point b, Clause 1. Article 6 Law on Handling of Administrative Violations.”

Accordingly, the time limit for administrative sanctions for violations of regulations on environmental protection in agricultural production is 2 years.

Decree 45/2022/ND-CP takes effect from August 25, 2022.