Vietnam: Illegally burying or burning organic pollutants that are difficult to decompose will be fined up to 1 billion VND from August 25, 2022?
- How to handle failure to label and disclose information about raw materials, goods and equipment with persistent environmental pollutants in Vietnam?
- Penalty up to 1 billion for burying or burning organic pollutants that are difficult to decompose against the law of Vietnam?
- Violations against regulations on management of persistent pollutants, must remedial measures be taken in Vietnam?
How to handle failure to label and disclose information about raw materials, goods and equipment with persistent environmental pollutants in Vietnam?
Pursuant to Clause 1, Article 28 of Decree 45/2022/ND-CP stipulates:
“Article 28. Violations against regulations on environmental protection in the management of persistent pollutants and raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants
1. Violations against regulations on environmental protection in management of persistent pollutants and raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants Penalties are as follows:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing to send a written notice to the Ministry of Natural Resources and Environment together with the results of the conformity assessment for raw materials, fuels and materials. , products, goods, and equipment containing pollutants that are difficult to decompose after being cleared and before being circulated on the market; failing to send a written notice to the Ministry of Natural Resources and Environment of the volume and name of persistent organic pollutants (POPs) before carrying out import activities for each batch of goods according to regulations;
b) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failing to label and disclose information or to label and disclose incorrect information about raw materials, fuel, materials, products, goods, and services of chemicals and equipment containing pollutants that are difficult to decompose according to regulations;
c) A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for failing to take measures to collect, store and safely manage persistent pollutants and raw materials, fuel, materials, products, goods, and equipment containing pollutants that are difficult to decompose according to regulations;
d) A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for failing to take measures to safely destroy and treat persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing pollutants that are difficult to decompose in excess of the maximum allowable limit as prescribed;
dd) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for importing, producing, trading and using persistent pollutants and raw materials, fuels, materials, products and goods. , equipment containing persistent pollutants exceeding the maximum allowable limit as prescribed by law, except for the cases specified at point e of this Article and clause 4 of Article 35 of this Decree;
e) A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for importing, producing and using persistent organic pollutants and raw materials, fuels, materials, products, goods, equipment containing persistent organic pollutants under the Stockholm Convention on Persistent Organic Pollutants with concentrations exceeding the maximum allowable limit as prescribed by law; importing, producing and using POPs without carrying out the procedures for registration of exemption as prescribed, except for the case specified in Clause 4, Article 35 of this Decree.”
Accordingly, the act of failing to label and disclose information about raw materials, fuels, materials, products, goods and equipment containing persistent pollutants will be administratively sanctioned from VND 50,000,000 to 100,000,000 VND.
Vietnam: Illegally burying or burning organic pollutants that are difficult to decompose will be fined up to 1 billion VND from August 25, 2022?
Penalty up to 1 billion for burying or burning organic pollutants that are difficult to decompose against the law of Vietnam?
Pursuant to Clause 2, Article 28 of Decree 45/2022/ND-CP stipulates:
“Article 28. Violations against regulations on environmental protection in the management of persistent pollutants and raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants
…
2. A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for one of the acts of burying, burying, dumping, discharging into the environment, or burning persistent organic pollutants in Appendix A of the Stockholm Convention on persistent organic pollutants in contravention of the law.”
Accordingly, acts of burying or burning organic pollutants that are difficult to decompose in contravention of the law will result in an administrative fine of between VND 500,000,000 and 1,000,000,000.
Violations against regulations on management of persistent pollutants, must remedial measures be taken in Vietnam?
Pursuant to Clauses 3 and 4, Article 28 of Decree 45/2022/ND-CP stipulates:
“Article 28. Violations against regulations on environmental protection in management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants
…
3. Additional sanctioning forms:
Suspend the establishment's operation from 03 to 06 months for violations specified at Points dd and e, Clause 1, and Clause 2 of this Article.
4. Remedial measures:
a) Forcible restoration of the original environmental condition caused by violations specified in Clause 2 of this Article;
b) Forcible re-export or destruction in case re-export is not possible and report on the results of overcoming the consequences of violations, for the violations specified at Points dd and e, Clause 1 of this Article;
c) Enforce the implementation of remedial measures for environmental pollution according to regulations and report on the results of the remedial violations within the time limit set by the person with sanctioning competence in the sanctioning decision. administrative violations for the violations specified at Points dd and e Clause 1 and Clause 2 of this Article;
d) Forced to take measures to collect, store and safely manage persistent pollutants and raw materials, fuels, materials, products, goods and equipment imported, manufactured and used application containing pollutants that are difficult to decompose in accordance with regulations and report the results of having completed overcoming the consequences of violations, for the violations specified at Points dd and e, Clause 1 of this Article.”
Accordingly, based on violations to determine remedial measures and additional penalties according to the above provisions.
Note, the level of administrative sanction in the above regulations only applies to individuals who violate. In case organizations violate, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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