Shall a fine up to VND 1,000,000,0000 be imposed for violations against regulations on marine environmental protection in offshore petroleum activities in Vietnam?
What are the penalties for violations against regulations on marine environmental protection in offshore petroleum activities in Vietnam?
According to Article 36 of Decree 45/2022/ND-CPP on violations against regulations on marine environmental protection in offshore petroleum activities as follows:
"Article 36. Violations against regulations on marine environmental protection and environmental protection in offshore petroleum activities
1. A fine of between 30,000,000 VND and 40,000,000 VND shall be imposed for failing to collect and transport ordinary solid waste that must be transferred ashore as prescribed for waste generated from oil and gas activities at sea.
2. A fine of between 80,000,000 VND and 150,000,000 VND shall be imposed for one of the following acts:
a) Exploiting marine resources and other activities related to the exploitation and use of marine resources not in accordance with the approved plan;
b) Failing to treat waste and other pollution factors from production, business, service, construction, transportation, and exploitation activities at sea to meet environmental technical standards;
c) Storing or keeping transport vehicles, warehouses, and oil and gas exploitation facilities at sea beyond the time required for treatment;
d) Failing to collect, store, and treat hazardous waste as prescribed for activities of exploring and exploiting marine resources, dismantling transport vehicles at sea.
3. A fine of between 150,000,000 VND and 250,000,000 VND shall be imposed for one of the following acts, except for cases of criminal environmental acts:
a) Discharging untreated ordinary waste from transport vehicles and offshore drilling rigs at sea or waste that does not meet technical standards on waste treatment;
b) Discharging ordinary solid waste from land into the sea, except for cases of criminal environmental acts;
c) Discharging drilling mud, water-based drilling fluids, or non-water-based drilling mud and fluids generated in offshore oil and gas exploration and exploitation into non-conforming sea areas;
d) Discharging non-water-based drilling mud generated in offshore oil and gas exploration and exploitation that does not meet technical standards into the sea;
đ) Discharging oil-contaminated washing water from decks, technological equipment, and oil storage tanks, household wastewater generated in offshore oil and gas exploration and exploitation into non-conforming sea areas.
4. A fine of between 250,000,000 VND and 500,000,000 VND shall be imposed for discharging hazardous chemicals, solid waste, or untreated wastewater that meets technical standards into the sea in nature conservation areas, natural heritage sites, areas with new ecosystems, and spawning areas of marine species, except for cases of criminal environmental acts.
5. A fine of between 500,000,000 VND and 1,000,000,000 VND shall be imposed for discharging hazardous waste or waste containing radioactive substances into the waters of the Socialist Republic of Vietnam, except for cases of criminal environmental acts."
Shall a fine up to VND 1,000,000,0000 be imposed for violations against regulations on marine environmental protection in offshore petroleum activities in Vietnam? (Image from the internet)
What are the additional penalties for violations against regulations on marine environmental protection in offshore petroleum activities in Vietnam?
According to Clause 6, Article 36, Decree 45/2022/ND-CP, the regulations regarding regulations on marine environmental protection in offshore petroleum activities are as follows:
Additional penalties: Confiscation of material evidence and administrative violation means for violations specified in Clauses 3, 4, and 5 of this Article.
What are the remedial measures for violations against regulations on marine environmental protection in offshore petroleum activities in Vietnam?
According to Clause 7, Article 36, Decree 45/2022/ND-CP, the regulations regarding regulations on marine environmental protection in offshore petroleum activities are as follows:
- Remedial measures:
+ Mandatory payment of costs for assessment, inspection, measurement, and analysis of environmental samples in case of violations related to discharging waste exceeding environmental technical standards or causing pollution according to current regulations and unit prices concerning violations provided in this Article;
+ Mandatory implementation of measures to rectify environmental pollution and report the results of remediation within the deadline determined by the competent authority handling administrative sanctions for violations specified in Clauses 4 and 5 of this Article.
Thus, the regulations on exploitation and transport at sea violating marine environmental regulations can result in fines up to 1 billion VND as mentioned above.
Note: The administrative sanctions provided above apply only to individuals. In cases where organizations violate, the administrative sanctions will be double compared to individuals.
Decree 45/2022/ND-CP comes into effect from August 25, 2022.
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