How much fine will be for operating the infrastructure of industrial clusters without staffing in charge of environmental protection in Vietnam?
- Failure to arrange personnel in charge of environmental protection in industrial cluster infrastructure business will be fined up to VND 10,000,000 according to Vietnamese regulations?
- What is the penalty for operating the infrastructure of the centralized production zone without the operation log of the centralized wastewater treatment system in Vietnam?
- How will establishments operating in an industrial cluster without an environmental management system be handled according to Vietnamese regulations?
Failure to arrange personnel in charge of environmental protection in industrial cluster infrastructure business will be fined up to VND 10,000,000 according to Vietnamese regulations?
Pursuant to Clause 3, Article 15 of Decree 45/2022/ND-CP stipulates:
"Article 15. Violations against regulations on environmental protection at establishments, concentrated production, business and service zones, industrial clusters, and craft villages
...
3. Penalties for violations against regulations on environmental protection in industrial cluster infrastructure business:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to arrange personnel in charge of environmental protection as prescribed;
...
h) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for building and installing equipment, pipes or other waste lines to discharge untreated waste into the environment; there is no centralized wastewater treatment system as regulated."
Accordingly, the act of failing to arrange personnel in charge of environmental protection in business activities of industrial clusters as prescribed will be administratively sanctioned from 5,000,000 to 10,000,000 VND.
How much fine will be for operating the infrastructure of industrial clusters without staffing in charge of environmental protection in Vietnam?
What is the penalty for operating the infrastructure of the centralized production zone without the operation log of the centralized wastewater treatment system in Vietnam?
Pursuant to Clause 4, Article 15 of Decree 45/2022/ND-CP stipulates:
"Article 15. Violations against regulations on environmental protection at establishments, concentrated production, business and service zones, industrial clusters, and craft villages
...
4. Penalties for violations against regulations on environmental protection in infrastructure business in concentrated production, business and service zones:
...
c) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failing to have an operation log of the centralized wastewater treatment system;
...
h) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for building and installing a centralized wastewater treatment system in contravention of regulations or failing to meet environmental protection requirements as prescribed;
i) 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; there is no centralized wastewater treatment system as regulated."
Accordingly, for business activities in concentrated production zones without operating logs of centralized wastewater treatment systems, they will be administratively sanctioned from VND 50,000,000 to VND 60,000,000.
How will establishments operating in an industrial cluster without an environmental management system be handled according to Vietnamese regulations?
Pursuant to Clause 5, Article 15 of Decree 45/2022/ND-CP stipulates:
"Article 15. Violations against regulations on environmental protection at establishments, concentrated production, business and service zones, industrial clusters, and craft villages
...
5. Penalties for violations against regulations on environmental protection by investors of establishments operating in concentrated production, business and service zones or industrial clusters:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to arrange personnel in charge of environmental protection in cases where it is required as prescribed; failing to implement or improperly performing environmental protection regulations of the investor in the construction and trading of infrastructure in production, business, service concentration zones, industrial clusters, except for the case specified at point c, d this clause;
b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failing to have an environmental management system as prescribed;
...
e) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for illegally discharging wastewater into the rainwater drainage system of concentrated production, business and service zones, industrial clusters or craft villages."
Accordingly, establishments operating in industrial clusters that do not have an environmental management system will be subject to an administrative fine ranging from VND 20,000,000 to VND 25,000,000.
In addition, organizations and individuals that violate regulations on environmental protection at establishments, concentrated production, business and service areas, industrial clusters, and craft villages will be forced to take remedial measures according to Clause 7, Article 15 of Decree 45/2022/ND-CP.
Note, that the level of administrative sanction according to the above provisions only applies to individuals. 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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