From August 25, 2022, if you don't publicize the environmental permit issued by the Ministry of Natural Resources and Environment in Vietnam, you will be fined up to 60 million VND?

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• What is the level of sanction for violations of regulations on environmental in Vietnam permit implementation under the licensing authority of the district-level People's Committee?
• What is the level of sanction for violations of regulations on environmental in Vietnam permit implementation under the licensing authority of the provincial People's Committee?
• What is the level of sanction for violations of regulations on implementation of environmental in Vietnam permits under the licensing authority of the Ministry of Natural Resources and Environment?

What is the level of sanction for violations of regulations on environmental in Vietnam permit implementation under the licensing authority of the district-level People's Committee?

Pursuant to the provisions of Clause 1, Article 11 of Decree No. 45/2022/ND-CP stipulating the level of fines for acts of violating regulations on the implementation of environmental permits under the licensing competence of the People's Committees district level or carry out environmental permits under the licensing authority of the Ministry of National Defense or the Ministry of Public Security, but the equivalent subjects fall under the licensing competence of the district-level People's Committee, specifically as follows:

Violations against regulations on the implementation of environmental permits under the licensing competence of the district-level People's Committees or the implementation of environmental permits under the licensing competence of the Ministry of National Defense or the Ministry of Public Security with the equivalent subject under the licensing competence of the district-level People's Committee, except for the cases specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, the following penalties shall be imposed:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to report to the licensing agency for consideration and settlement in case there is a change in the contents of the license already granted as prescribed. ; submit dossiers of application for environmental permits not within the prescribed time limit;

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to disclose environmental permits as prescribed;

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for improperly or incompletely performing one of the contents of the environmental permit, except for the following cases: violation of regulations on environmental monitoring; prevention and response to waste incidents and cases specified at Points a, b, dd, e and g of this Clause;

- 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. in accordance with regulations in case the report of pollution data is not true or in case of violation of the act of discharging wastewater, dust and gas in excess of the technical regulations on environment;

- A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for providing inaccurate or untruthful information on the completion of works, environmental protection measures in the report on the proposal for issuance of a permit. environmental permits for investment projects that have already had decisions on approval of results of appraisal of environmental impact assessment reports before they are put into trial operation according to regulations; failing to grant, change or adjust environmental permits according to regulations; failing to comply with the contents of the environmental permit as prescribed, except for the following cases: violation of regulations on environmental monitoring; prevention and response to waste incidents and the cases specified at Points a, b, c, e and g of this Clause;

- A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failing to obtain a re-issued environmental permit as prescribed;

- A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for failing to operate or not operating regularly or improperly operating the waste treatment works; construction and installation of waste treatment works not in accordance with environmental permits;

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for building or installing equipment, pipes or other waste lines to discharge untreated waste into the environment; failing to build and install environmental protection works according to regulations.

From August 25, 2022, if you don't publicize the environmental permit issued by the Ministry of Natural Resources and Environment in Vietnam, you will be fined up to 60 million VND?

What is the level of sanction for violations of regulations on environmental in Vietnam permit implementation under the licensing authority of the provincial People's Committee?

As for the regulations on the level of fines for violations against regulations on implementation of environmental in Vietnam permits under the licensing competence of the provincial People's Committees, in Clause 2, Article 11 of Decree 45/2022/ND-CP The specific provisions are as follows:

Acts of violation against regulations on the implementation of environmental permits under the licensing competence of the provincial People's Committees or the implementation of environmental permits under the licensing competence of the Ministry of National Defense or the Ministry of Public Security with equivalent subjects under the licensing competence of the provincial People's Committee, except for the cases specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, the following penalties shall be imposed:

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to report to the licensing agency for consideration and settlement in case there is a change in the contents of the license already granted as prescribed. ; submit dossiers of application for environmental permits not within the prescribed time limit;

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing to disclose environmental permits as prescribed;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for improperly or incompletely performing one of the contents of the environmental permit as prescribed, except for the following cases: violation of regulations on environmental regulations. environmental monitoring, prevention and response to waste incidents and the cases specified at Points a, b, dd, e and g of this Clause;

- A fine ranging from VND 80,000,000 to VND 100,000,000 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. in accordance with regulations in case the report of pollution data is not true or in case of violation of the act of discharging wastewater, dust and gas in excess of the technical regulations on environment;

- A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for providing inaccurate or untruthful information on the results of the completion of works, environmental protection measures in the report on the proposal for issuance of a permit. environmental permits for investment projects that have already had decisions on approval of results of appraisal of environmental impact assessment reports before they are put into trial operation according to regulations; failing to grant, change or adjust environmental permits according to regulations; failing to comply with the contents of the environmental permit as prescribed, except for the following cases: violation of regulations on environmental monitoring; prevention and response to waste incidents and the cases specified at Points a, b, c, e and g of this Clause;

- A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failing to obtain a re-issued environmental permit as prescribed;

- A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for failing to operate or operate infrequently or improperly with waste treatment works; construction and installation of waste treatment works not in accordance with environmental permits;

- A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for building or installing equipment, pipes or other waste lines to discharge untreated waste into the environment; failing to build and install environmental protection works according to regulations.

What is the level of sanction for violations of regulations on implementation of environmental in Vietnam permits under the licensing authority of the Ministry of Natural Resources and Environment?

In Clause 3, Article 11 of Decree 45/2022/ND-CP stipulating violations of regulations on the implementation of environmental in Vietnam permits under the licensing authority of the Ministry of Natural Resources and Environment, specifically as follows:

Violations against regulations on the implementation of environmental permits under the licensing authority of the Ministry of Natural Resources and Environment or the implementation of environmental permits under the licensing competence of the Ministry of National Defense or the Ministry of Public Security with equivalent subjects under the licensing authority of the Ministry of Natural Resources and Environment, except for the cases specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, the penalties shall be as follows:

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing to report to the licensing agency for consideration and settlement in case there is a change in the contents of the issued license as prescribed. ; submit dossiers of application for environmental permits not within the prescribed time limit;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to disclose the environmental permit as prescribed;

- A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for providing inaccurate or untruthful information about waste in the application file for an environmental permit as prescribed; improper or incomplete implementation of one of the contents of the environmental permit as prescribed, except for the following cases: violation of regulations on environmental monitoring, prevention and response to waste incidents and cases of specified at points a, b, dd, e and g of this clause;

- A fine ranging from VND 100,000,000 to VND 150,000,000 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. in accordance with regulations in case the report of pollution data is not true or in case of violation of the act of discharging wastewater, dust and gas in excess of the technical regulations on environment;

- A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for providing inaccurate or untruthful information on the completion of works, environmental protection measures in the report on the proposal for issuance of a permit. environmental permits for investment projects that have already had decisions on approval of results of appraisal of environmental impact assessment reports before they are put into trial operation according to regulations; failing to grant, change or adjust environmental permits according to regulations; failing to comply with the contents of the environmental permit as prescribed, except for the following cases: violation of regulations on environmental monitoring; prevention and response to waste incidents and the cases specified at Points a, b, c, e and g of this Clause;

- A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for failing to obtain a re-issued environmental permit as prescribed;

- A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failing to operate or operating infrequently or improperly operating the waste treatment works; construction and installation of waste treatment works not in accordance with environmental permits;

- A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for building and installing equipment, pipes or other waste lines to discharge untreated waste into the environment; failing to build and install environmental protection works according to regulations.

Note: 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 (according to Clause 2, Article 6 of Decree 45/2022/ND-CP).

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

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