Vietnam: Failure to update or supplement the oil spill response plan to be received administratively penalties from August 25, 2022?
- What are the additional regulations on penalties for failure to update or supplement the oil spill response plan in Vietnam?
- The level of penalties for failing to maintain the preparedness to provide means to respond to oil spills to be to be reduced in Vietnam?
- What is the penalty for causing an oil fire and explosion incident in Vietnam?
What are the additional regulations on penalties for failure to update or supplement the oil spill response plan in Vietnam?
Pursuant to Clause 1, Article 39 of Decree 45/2022/ND-CP stipulates as follows:
“Article 39. Violations against regulations on oil spill response activities
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the following acts:
a) Allowing an oil spill to occur or detecting an oil spill without promptly reporting to a competent agency as prescribed;
b) Failing to update or supplement the oil spill response plan as prescribed;
c) Failing to notify the oil spill response plan approved by the competent authority to relevant agencies, units and localities for coordination in implementation.”
Thus, when violating one of the above cases, they will be administratively fined from VND 5,000,000 to VND 10,000,000.
For acts of allowing an oil spill to occur or detecting an oil spill without promptly reporting to a competent agency, the administrative penalties will remain as same as the current regulations.
However, in the near future, there will be additional cases of administrative penalties for failing to update and add the oil spill response plan as prescribed or for failing to notify the approved oil spill response plan approved by the competent authority to relevant agencies, units and localities for coordination in implementation
Vietnam: Failure to update or supplement the oil spill response plan to be received administratively penalties from August 25, 2022?
The level of penalties for failing to maintain the preparedness to provide means to respond to oil spills to be to be reduced in Vietnam?
Pursuant to Point c, Clause 4, Article 33 of Decree 155/2016/ND-CP, the current administrative penalties levels are as follows:
Article 33. Violations against regulations on oil spill response
…
4. Penalties for violations involving in activities of producer or trader in petrol and oil that have risk of causing oil spills on land at a less severe level:
…
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to maintain the preparedness to provide means, equipment and materials to respond to oil spills at the request of competent agencies;
…”
In the near future, administrative penalties will be imposed for the act of not being willing to mobilize means and equipment to participate in responding to oil spills in petrol and oil production, business and service activities. If there is a risk of a small oil spill on land, it will be changed according to point b, clause 4 of Decree 45/2022/ND-CP as follows:
“Article 39. Violations against regulations on oil spill response
…
4. Penalties for violations involving in activities of producer or trader in petrol and oil that have risk of causing oil spills on land at a less severe level:
…
b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing to maintain the preparedness to provide means, equipment and materials to respond to oil spills at the request of competent agencies;”
Accordingly, in the near future, the administrative penalties for petrol and oil production, business and service activities is likely to occur at a small level on the mainland but failing to maintain the preparedness to provide means, equipment and materials to respond to oil spills at the request of competent agencies will be reduced to from VND 15,000,000 to VND 20,000,000.
What is the penalty for causing an oil fire and explosion incident in Vietnam?
Pursuant to Clause 11 Article 39 of Decree 45/2022/ND-CP stipulates as follows:
“Article 39. Violations against regulations on oil spill response
…
11. Penalties for causing oil fire and explosion, oil spill, except for environmental crimes, shall be penalized as follows:
a) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed in case the oil volume is under 2,000 kg;
b) A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed in case the oil volume is from 2,000 kg to less than 10,000 kg;
…
i) A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed in case the volume of oil is from 400,000 kg to less than 500,000 kg;
k) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed in case the oil volume is from 500,000 kg or more.”
Accordingly, acts that cause oil fire and explosion incidents, oil spills, except for environmental crimes will be based on the volume of oil to determine the administrative penalties according to the above provisions.
In addition, based on the violation, the violating party is also forced to take remedial measures as prescribed in Clause 13, Article 39 of Decree 45/2022/ND-CP.
Note, the level of administrative penalties according to the above provisions only applies to violators. In case organizations violate, the administrative penalties will be double that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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