How to handle the acts of burying and dumping non-hazardous industrial waste? Has the means been confiscated?
Is the act of burying and dumping non-hazardous industrial waste confiscated the means?
Pursuant to Article 26 of the Law on Handling Administrative Violations 2012 of Vietnam:
“Article 26. Confiscation of material evidences and means used for commission of administrative violations
1. Confiscating material evidences and means used to commit administrative violations means the requisition of things, money, goods and/or means directly involved in the administrative violations into the State fund; applied for serious administrative violations due to the intentional fault of individuals, organizations.”
Application of the sanction of confiscation of material evidences and means of administrative violations guided by Clause 8, Article 9 of Decree 118/2021/ND-CP of Vietnam:
"8. Persons competent to confiscate material evidences and means used to commit administrative violations means specified in Clause 2 Article 65 and Clause 4 Article 126 of the Law on Handling of Administrative Violations are persons competent to sanction administrative violations against that incident.
For administrative violation material evidences and means of the categories banned from possession or circulation, the identification of persons competent to confiscate them must comply with Clause 2, Article 24 of this Decree."
The acts of burying and dumping non-hazardous industrial waste
How to handle the act of burying and dumping non-hazardous industrial waste?
Pursuant to Clause 9 Article 22 of Decree 155/2016/ND-CP of Vietnam (amended by Point e Clause 18 Article 1 of Decree 55/2021/ND-CP of Vietnam) stipulating the sanctioning of administrative violations in the field of environmental protection:
“Article 22. Violations against regulations on environmental protection with respect to the transport of hazardous waste
9. Penalties for the act of transferring, giving or selling domestic solid waste, ordinary industrial solid waste, specific ordinary solid waste or non-hazardous liquid waste products to entities which have no functions or capabilities of waste treatment as regulated; the act of burying, dumping, burning and disposing of them in contravention of regulations on environmental protection, except for environmental crimes; the act of receiving domestic solid waste, ordinary industrial solid waste, specific ordinary solid waste or non-hazardous liquid waste products but failing to implement treatment methods or failing to transfer them to entities having treatment competency as regulated:
l) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, dumping, burning and disposing of domestic solid waste, ordinary industrial solid waste, specific ordinary solid waste or non-hazardous liquid waste products with an amount of 60,000 - less than 80,000 kg;”
Besides, Clause 12, Clause 13 Article 20 of Decree 155/2016/ND-CP of Vietnam (amended and supplemented by Point g, Point h Clause 18 Article 1 of Decree 55/2021/ND-CP of Vietnam) stipulates additional penalties and remedial measures, specifically:
- Additional penalties:
+ Suspend activities of the domestic solid waste and/or non-hazardous industrial solid waste treatment facility for 03 - 06 months if any of the violations prescribed in Point dd Clause 7, Point g Clause 8, Clauses 9, 10 and 11 of this Article is committed;
- Confiscating instruments for administrative violations in case of commission of the violations prescribed in clause 9a, 9, 10 and 11 of this Article.
- Remedial measures:
+ Enforcing the restoration of original environmental state, the transfer of discharges to entities having treatment competence as penalties for the violations against clause 2, 9a, 9, 10 and 11 of this Article is committed;
+ Enforcing the payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples in case of commission of the violations involving discharge of waste in excess of the permissible limits prescribed in environmental technical regulations, or causing the environmental pollution according to current norms and prices, as penalties for the violations prescribed in clause 10 of this Article;”
+ Enforce the application of remedial measures for environmental pollution and submission of report on results thereof within the required period as regulated by the person who has the power to impose penalties and specified in the decision on imposition of penalties for administrative violations if any of the violations prescribed in this Article is committed.
Thus, according to the grounds cited above: The Law on handling of administrative violations has general provisions on the contents of confiscation of material evidences and means of administrative violations, so it has been guided in more detail in the decree. According to that, Clause 8 Article 9 of Decree 118/2021/ND-CP of Vietnam has made clearer provisions, thereby determining the violation at Point l Clause 9 Article 22 of Decree 155/2016/ND-CP of Vietnam (amended by Point e Clause 18 Article 1 of Decree 55/2021/ND-CP of Vietnam) will be subject to an additional penalty, including: Suspend activities of the domestic solid waste and/or non-hazardous industrial solid waste treatment facility for 03 - 06 months; Confiscating instruments for administrative violations; and remedial measures, including: Enforcing the restoration of original environmental state, the transfer of discharges to entities having treatment competence; Enforce the application of remedial measures for environmental pollution and submission of report on results thereof within the required period as regulated by the person who has the power to impose penalties and specified in the decision on imposition of penalties for administrative violations.
The fines and power to impose penalties for acts of burying and dumping non-hazardous industrial waste
Pursuant to Article 5 of Decree 155/2016/ND-CP of Vietnam on fines and power to impose penalties:
- Fines for administrative violations prescribed in Chapter II herein are imposed on individuals; the fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.
- The penalties imposed by the persons who have the power to impose penalties for administrative violations as prescribed in Article 48-51 herein are incurred by individuals; a person who has the power to impose penalties may give a fine twice that given to an individual to an organization for the same violation.
If the aggravating penalties are imposed for environmental parameters in excess of the permissible limits prescribed in the technical regulations for the same waste sample, the violation of the highest fine of that waste sample shall be selected for imposing penalties.
Therefore, fines for administrative violations prescribed in Article 22 of this Decree are imposed on individuals; the fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.
Thư Viện Pháp Luật
