Failure to report to specialized agencies on the results of treatment, improvement and restoration of the land environment in Vietnam will be sanctioned from August 25, 2022?
- What are the penalties for violating current regulations on land environment in Vietnam protection?
- Supplementing regulations on administrative sanctions related to reporting results of treatment, improvement and restoration of the land environment in Vietnam?
- How long is the statute of limitations for sanctioning administrative violations on land environment in VIetnam protection from August 25, 2022?
What are the penalties for violating current regulations on land environment in Vietnam protection?
Pursuant to Article 29 of Decree 155/2016/ND-CP (amended by Clause 25, Article 1 of Decree 55/2021/ND-CP) as follows:
“Article 29. Violations against regulations on land environment protection
1. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failing to carry out the detailed investigation and assessment of the contaminated land area as prescribed in case of environmental pollution.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failing to prepare a plan for environmental treatment, renovation and restoration of the contaminated land area and submit it to the Ministry of Natural Resources and Environment or the People's Committee. Provincial level considers, monitors and supervises according to regulations in case of causing environmental pollution.
3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing to treat, renovate and restore the environment of the contaminated land area as prescribed in case of environmental pollution.
4. Remedial measures:
Enforce the implementation of measures to remedy the environmental pollution and report the results of the remedial actions within the time limit set by the person with sanctioning competence in the decision to sanction the administrative violation. with the violations specified in this Article.”
Accordingly, the current administrative sanction for land environment in Vietnam protection is based on the violations in one of the above cases to determine. The lowest administrative sanction is VND 50,000,000 and the highest administrative sanction is VND 100,000,000.
In addition, the violating party is also required to take remedial measures according to the above provisions.
Failure to report to specialized agencies on the results of treatment, improvement and restoration of the land environment in Vietnam will be sanctioned from August 25, 2022?
Supplementing regulations on administrative sanctions related to reporting results of treatment, improvement and restoration of the land environment in Vietnam?
Pursuant to Article 37 of Decree 45/2022/ND-CP stipulating penalties for violations against regulations on land environment in Vietnam protection in the near future as follows:
“Article 37. Violations against regulations on land environment protection
1. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failing to carry out the preliminary and detailed investigation of the contaminated land area as prescribed in case of environmental pollution; failing to report to the provincial specialized environmental protection agency on the results of treatment, improvement and restoration of the land environment according to regulations.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failing to make plans for environmental treatment, renovation and restoration of contaminated land areas as prescribed in case of causing environmental pollution. ; failing to send the plan of reclamation and restoration of the environment to the specialized environmental protection agency of the province for inspection and supervision according to regulations.
3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing to treat, renovate and restore the environment of the contaminated land area as prescribed in case of environmental pollution.
4. Remedial measures:
Forced to take measures to remedy the environmental pollution according to regulations and report on the results of overcoming the consequences of the violation within the time limit set by the person with sanctioning competence in the decision on sanctioning the violation. administrative penalties for violations specified in this Article.”
Accordingly, in the near future, the administrative sanction on land environment in Vietnam protection will be implemented according to the above provisions. The level of administrative fines has not changed compared to the current regulations.
However, in the near future, the act of failing to report to the provincial specialized agency in charge of environmental protection on the results of treatment, improvement and restoration of the land environment in Vietnam according to regulations will also be administratively sanctioned from 50,000,000 VND to 60,000,000 VND.
In addition, the violating party is also required to take remedial measures according to the above provisions.
Note, the level of administrative sanction according to the above provisions only applies to violators. In case of violations by organizations, the administrative sanction will be 2 times higher than that of individuals.
How long is the statute of limitations for sanctioning administrative violations on land environment in VIetnam protection from August 25, 2022?
Pursuant to Article 5 of Decree 45/2022/ND-CP stipulates as follows:
“Article 5. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning administrative violations in the field of environmental protection is 2 years.
2. The violations being performed, the violations that have ended, the time to calculate the statute of limitations for sanctioning administrative violations in this Decree is prescribed as follows:
a) The acts specified in Article 9; Points e, g, h Clause 1, Points e, g, h Clause 2, Points e, g, h Clause 3 Article 11; Points b and c Clause 1, Points b and c Clause 2 Article 13; Points b, d, e Clause 1, Points c, d, dd Clause 2, Points c, d, dd Clause 3, Points c, d, dd Clause 4 Article 14; Clause 2, Points e, g, h Clause 3, Points e, g, h, i Clause 4, Clause 6 Article 15 and Article 38 of this Decree are administrative violations being committed, the statute of limitations shall be calculated. from the time the person competent to perform official duties detects the violation;
b) Violations specified at Point b, Clause 1, Point b, Clause 2, Article 10; Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 11; Clause 1 Article 32; Clause 1 Article 33; Clause 1, Point c, Clause 3, Article 43 of this Decree is an act being performed, the statute of limitations is counted from the time when the organization or individual must disclose information or submit periodical reports as prescribed;
c) The violations specified in Articles 18, 19, 20, 21, 22, 23 of this Decree are finished acts, the statute of limitations shall be calculated from the time of sampling;
d) The violations specified in Clause 2, Article 25 of this Decree are finished violations, the time of termination is counted from the time of completion of the violations;
dd) Except for the acts specified at Points a, b, c and d of this Clause, the other acts specified in this Decree shall have the statute of limitations for sanctioning determined by the person with sanctioning competence according to Point b, Clause 1. Article 6 Law on Handling of Administrative Violations.”
Thus, in the coming time, the statute of limitations for administrative sanctions for violations of land environment in Vietnam protection will be 2 years.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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