Vietnam: How much fine will be for obstructing inspection, examination and administrative sanctioning activities on environmental protection from August 25, 2022?
- Obstruction of inspection, examination and administrative sanctions on environmental protection will be sanctioned in Vietnam?
- How long is the statute of limitations for impeding the inspection, examination and administrative sanctioning of environmental protection in Vietnam?
- Is there any difference in the level of sanction for the act of obstructing the inspection, examination and administrative sanction on environmental protection of individuals and organizations in Vietnam?
Obstruction of inspection, examination and administrative sanctions on environmental protection will be sanctioned in Vietnam?
Pursuant Article 55 of Decree 45/2022/ND-CP stipulates:
“Article 55. Acts of obstructing state management, inspection, examination and sanctioning of administrative violations on environmental protection
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:
a) Causing difficulties to the investigation, research, control and assessment of the current state of the environment or official duties of competent persons;
b) There are words or actions that threaten, insult or insult the honor of persons on official duty;
c) Refuse to accept decisions on inspection and examination, decisions on sanctioning of administrative violations, decisions on enforcement of decisions on sanctioning of administrative violations;
d) Failing to hold dialogues on the environment at the request of the State management agency in charge of environmental protection or according to the complaint, denunciation or lawsuit petition of the relevant organization or individual as prescribed.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
…
4. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for one of the following violations:
a) Delay, evade, and fail to execute decisions on inspection and examination and decisions on sanctioning of administrative violations in the field of environmental protection of competent persons or state agencies;
b) Failing to properly and fully comply with the contents and requirements in the conclusion of environmental protection inspection and examination by competent state agencies.”
Accordingly, based on acts of obstructing state management activities, inspection, examination and sanctioning of administrative violations on environmental protection in any of the cases mentioned above, to determine the suitable administrative sanction level.
A new feature of this regulation is that it no longer requires individuals and organizations to take remedial measures at the request of competent persons or state management agencies.
Vietnam: How much fine will be for obstructing inspection, examination and administrative sanctioning activities on environmental protection from August 25, 2022?
How long is the statute of limitations for impeding the inspection, examination and administrative sanctioning of environmental protection in Vietnam?
Pursuant Article 5 of Decree 45/2022/ND-CP stipulates:
“Article 5. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning 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 sanctioning 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;
b) Violations specified at 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 is an act being performed, the statute of limitations is counted from the time when the organization or individual must disclose information or submit periodical reports as prescribed;
c) The violations specified in Articles 18, 19, 20, 21, 22, 23 of this Decree are finished acts, the statute of limitations shall be calculated from the time of sampling;
d) The violations specified in Clause 2, Article 25 of this Decree are finished violations, the time of termination is counted from the time of completion of the violations;
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 sanctioning determined by the person with sanctioning competence according to Point b, Clause 1. Article 6 Law on Handling of Administrative Violations.”
Accordingly, the statute of limitations for administrative sanctioning for acts of obstructing the inspection, examination and administrative sanctioning of environmental protection is 02 years.
Is there any difference in the level of sanction for the act of obstructing the inspection, examination and administrative sanction on environmental protection of individuals and organizations in Vietnam?
Pursuant to Article 6 of Decree 45/2022/ND-CP stipulating;
“Article 6. Fine level and sanctioning competence
1. The maximum fine level for an act of administrative violation in the field of environmental protection in accordance with the law on handling of administrative violations.
2. The fine level for administrative violations specified in Chapter II of this Decree is the fine level applicable to administrative violations committed by individuals. For organizations with the same violations, the fine level is 2 times higher than the fine level for individuals.
3. The competence to sanction administrative violations of the persons specified in Articles 56 to 67 of this Decree is the competence applicable to an individual act of administrative violation. In the case of fines, the sanctioning authority for organizations is twice as much as the power to sanction individuals.
In case of additional fines for environmental parameters exceeding technical regulations of the same waste sample, the sanctioning competence is calculated according to the violation with the highest fine of that waste sample, including the additional fine."
Accordingly, the level of administrative sanction for acts of obstructing the inspection, examination and administrative sanctioning of environmental protection according to the above provisions shall only apply to individuals. In case of violations by organizations, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
LawNet
