Vietnam: How to penalize investment projects that are not subject to the preparation of an environmental impact assessment report that do not treat wastewater and emissions?
- Will investment projects, that are not in the category of making environmental impact assessment reports of Vietnam, do not treat wastewater and emissions be fined?
- Penalties for investment projects under the authority of the district-level People's Committee to issue environmental permits for not reviewing waste treatment works to determine the causes of pollution in Vietnam?
- What are the penalties for investment projects under the authority of the provincial People's Committee to grant environmental permits without regularly operating environmental protection works in Vietnam?
Will investment projects, that are not in the category of making environmental impact assessment reports of Vietnam, do not treat wastewater and emissions be fined?
Pursuant to Clause 1, Article 14 of Decree 45/2022/ND-CP stipulates:
"Article 14. Violations against regulations on environmental protection for investment projects that have been constructed but have not yet been put into operation or are operating without environmental permits or environmental registration according to regulations. regulations
1. For investment projects, establishments subject to environmental registration as prescribed, when they are under construction or in official operation, violate regulations on environmental protection, they shall be sanctioned:
a) A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on investment projects or establishments that are not required to make environmental impact assessment reports that fail to collect, manage and treat wastewater. dust, exhaust gas; not control noise, vibration, light, heat radiation according to regulations;
...
e) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to register the environment as prescribed for investment projects, the establishment must make an environmental impact assessment report under the approving competence of the Ministry of Natural Resources and Environment or an environmental impact assessment report under the approving competence of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam, for investment projects with environmental criteria equivalent to those under the approving competence of the Ministry of Natural Resources and Environment of Vietnam."
Accordingly, for an investment project that is not required to make an environmental impact assessment report but fails to treat wastewater and waste, an administrative fine of between VND 500,000 and 1,000,000 will be imposed.
Vietnam: How to penalize investment projects that are not subject to the preparation of an environmental impact assessment report that do not treat wastewater and emissions?
Penalties for investment projects under the authority of the district-level People's Committee to issue environmental permits for not reviewing waste treatment works to determine the causes of pollution in Vietnam?
Pursuant to Clause 2, Article 14 of Decree 45/2022/ND-CP stipulates:
"Article 14. Violations against regulations on environmental protection for investment projects that have been constructed but have not yet been put into operation or are operating without environmental permits or environmental registration according to regulations. regulations
...
2. For investment projects, establishments that are subject to environmental permits as prescribed fall under the licensing competence of the district-level People's Committees or under the licensing competence of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam having environmental criteria equivalent to investment projects, establishments falling under the approving competence of district-level People's Committees of Vietnam, when they are officially constructed or operated, commit violations on environmental protection, they shall be subject to fines. Penalties are:
a) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failing to check waste treatment works and equipment to determine the causes of pollution or failing to renovate or upgrade waste treatment works. discharge according to regulations in case the report of pollution data is not true or there is a violation of the act of discharging wastewater, dust and gas in excess of the technical regulations on the environment; failing to remedy environmental pollution caused by its activities;
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dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failing to have a waste treatment facility that meets the requirements for environmental protection as prescribed; construction, installation of equipment, pipelines or other waste lines to discharge untreated waste into the environment."
Accordingly, investment projects under the authority to issue environmental permits of the district-level People's Committees of Vietnam that fail to inspect waste treatment works to determine the causes of pollution will be subject to an administrative fine of between VND 20 million and VND 25 million.
What are the penalties for investment projects under the authority of the provincial People's Committee to grant environmental permits without regularly operating environmental protection works in Vietnam?
Pursuant to Clause 3, Article 14 of Decree 45/2022/ND-CP stipulates:
"Article 14. Violations against regulations on environmental protection for investment projects that have been constructed but have not yet been put into operation or are operating without environmental permits or environmental registration according to regulations. regulations
...
3. For investment projects, establishments that are subject to environmental permits as prescribed fall under the licensing competence of the provincial People's Committees or under the licensing competence of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam have environmental criteria equivalent to investment projects, establishments under the approval competence of the provincial People's Committees of Vietnam, when they are officially constructed or operated, have violations of environmental protection, they shall be subject to fines. Penalties are:
...
d) A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for failing to operate or not operating regularly or improperly operating the environmental protection works;
…”
Accordingly, for investment projects under the authority to issue environmental permits of the Provincial People's Committee that fail to regularly operate environmental protection works, they will be fined from VND 170,000,000 to VND 200,000,000.
Note, the administrative sanction as prescribed above applies only to individuals. In case organizations violate, they will be penalized twice as much as individuals.
In addition, violating organizations and individuals are also forced to take remedial measures and additional sanctions as prescribed in Clauses 5 and 6, Article 14 of Decree 45/2022/ND-CP.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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