What are the penalties for activities that are not within the scope of the certificate of eligibility for environmental monitoring in Vietnam services?
- Will there be no administrative penalty for the act of erasing the certificate of eligibility for environmental monitoring in Vietnam services?
- Increase the level of sanction for the act of operating outside the scope of the certificate of eligibility for environmental monitoring in Vietnam services?
- Is there any change in the level of sanction for the act of performing environmental monitoring in Vietnam services without a certificate of eligibility for operation?
- What are the regulations on penalties for violations in environmental monitoring in Vietnam service activities in the near future?
Will there be no administrative penalty for the act of erasing the certificate of eligibility for environmental monitoring in Vietnam services?
Pursuant to Clause 2, Article 38 of Decree 155/2016/ND-CP stipulates as follows:
“Article 38. Violations against regulations on environmental monitoring service activities
…
2. A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for operating activities that are not within the scope or field according to the contents of the Certificate of eligibility to provide environmental monitoring services; erase the Certificate.”
Accordingly, for acts of erasing the current certificate of eligibility for environmental monitoring services, an administrative fine of between VND 30,000,000 and 60,000,000 will be imposed.
However, according to Article 17 of Decree 45/2022/ND-CP coming into force in the near future, regulations on administrative sanctions for violations of environmental monitoring service activities are no longer mentioned. to the administrative sanction for the act of erasing the certificate of eligibility for environmental monitoring services.
What are the penalties for activities that are not within the scope of the certificate of eligibility for environmental monitoring in Vietnam services?
Increase the level of sanction for the act of operating outside the scope of the certificate of eligibility for environmental monitoring in Vietnam services?
Pursuant to Clause 2, Article 38 of Decree 155/2016/ND-CP stipulates as follows:
“Article 38. Violations against regulations on environmental monitoring service activities
…
2. A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for operating activities that are not within the scope or field according to the contents of the Certificate of eligibility to provide environmental monitoring services; erase the Certificate.”
Accordingly, currently, if the operation is not within the scope of the certificate of eligibility for environmental monitoring in VIetnam services, an administrative fine of from VND 30,000,000 to VND 60,000,000 will be imposed.
However, in the near future, this penalty will change. Specifically, according to Point a, Clause 4, Article 17 of Decree 45/2022/ND-CP stipulates as follows:
“Article 17. Violations against regulations on environmental monitoring service activities
…
4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following acts:
a) Operating within the scope of the certificate of eligibility for environmental monitoring services; provide results of monitoring and testing for parameters or methods that are not certified in the certificate of eligibility to operate environmental monitoring services as prescribed (except for parameters not specified in the regulations). in legal documents on environment);
…”
Accordingly, in the coming time, the administrative sanction for acts not operating within the scope of the certificate of eligibility for environmental monitoring in Vietnam services will be from VND 80,000,000 to VND 100,000,000.
Is there any change in the level of sanction for the act of performing environmental monitoring in Vietnam services without a certificate of eligibility for operation?
Pursuant to Clause 5, Article 17 of Decree 45/2022/ND-CP stipulating the level of administrative sanction for acts of performing environmental monitoring service activities but without a certificate of eligibility for operation, The following will apply in the near future:
“Article 17. Violations against regulations on environmental monitoring service activities
…
5. A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for failing to obtain a certificate of eligibility for environmental monitoring services as prescribed but still providing environmental monitoring services. "
Accordingly, for acts of performing environmental monitoring in Vietnam services but not having a certificate of eligibility for operation in the near future, an administrative fine of from VND 120,000,000 to VND 150,000,000 will be imposed.
The current administrative sanction for this act is specified in Clause 5, Article 38 of Decree 155/2016/ND-CP as follows:
“Article 38. Violations against regulations on environmental monitoring service activities
…
5. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failing to obtain a Certificate of eligibility for environmental monitoring services (for each parameter and monitoring content) as prescribed or The certificate has expired but still carry out environmental monitoring activities.”
Thus, currently, for acts of performing environmental monitoring service activities without a certificate of eligibility for operation, an administrative fine of between VND 100,000,000 and 150,000,000 will be imposed.
What are the regulations on penalties for violations in environmental monitoring in Vietnam service activities in the near future?
Pursuant to Article 17 of Decree 45/2022/ND-CP stipulates as follows:
“Article 17. Violations against regulations on environmental monitoring service activities
1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for changing personnel, equipment, or location of the establishment but failing to notify the competent state agency in writing as prescribed.
…
7. Additional sanction:
a) Deprive the right to use the certificate of eligibility to provide environmental monitoring services for 3 to 6 months in case of violations specified at Point a, Clause 3, Point c, Clause 4 of this Article;
b) Deprive the right to use the certificate of eligibility to provide environmental monitoring services from 06 to 12 months in case of violations specified at Points a, b and d, Clause 4 of this Article.
8. Remedial measures:
Forcible return of illegal profits obtained from administrative acts specified at Point a, Clause 4, Clause 5 of this Article.”
Thus, in the near future, violations of regulations on environmental monitoring in Vietnam service activities will be subject to administrative sanctions according to the above provisions.
In addition, based on the violation, the violating party is also required to take remedial measures and bear additional penalties according to the above provisions.
Note, the administrative sanctions according to the above provisions only apply to individuals. In case organizations violate, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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