Will users of natural ecosystem services that fail to declare or incorrectly declare the amount to be paid into the provincial environmental protection fund be sanctioned in Vietnam?
- Will users of natural ecosystem services not declare or declare incorrectly the amount to be paid into the provincial environmental protection fund, will they be sanctioned in Vietnam?
- How will you be penalized for using natural ecosystem services but not paying or not paying on time and in full according to the contract in Vietnam?
- Is remedial action required for violations of the payment for natural ecosystem services regulations in Vietnam?
Will users of natural ecosystem services not declare or declare incorrectly the amount to be paid into the provincial environmental protection fund, will they be sanctioned in Vietnam?
Pursuant to Clause 3, Article 48 of Decree 45/2022/ND-CP stipulates:
“Article 48. Violations against regulations on payment for natural ecosystem services
…
3. Acts of users of natural ecosystem services failing to declare, incorrectly declaring or delaying declaring the amount to be paid in the form of entrustment to the provincial environmental protection fund or the environmental protection fund In case the locality does not have a provincial-level environmental protection fund, the penalties shall be as follows:
a) A fine of between VND 1,000,000 and 2,000,000 if the amount to be paid is under VND 50,000,000;
b) A fine of between VND 2,000,000 and 3,000,000 if the payable amount is from VND 50,000,000 to under VND 200,000,000;
c) A fine of between VND 3,000,000 and 5,000,000 if the payable amount is from VND 200,000,000 to under VND 300,000,000;
d) A fine of between VND 5,000,000 and 7,000,000 shall be imposed if the payable amount is from VND 300,000,000 to under VND 500,000,000;
dd) A fine ranging from VND 7,000,000 to VND 10,000,000 if the amount to be paid is VND 500,000,000 or more.”
Accordingly, for acts of users of natural ecosystems not declaring, making the incorrect declaration,s or late declaring the amount to be paid in the form of entrustment to the provincial environmental protection fund or the environmental protection fund. In case the locality does not have a provincial-level environmental protection fund, it will base on the amount to be paid to determine the level of administrative sanction according to the above provisions.
Vietnam: Is there a penalty for not paying or not paying fully and on time according to the payment contract for natural ecosystem services?
How will you be penalized for using natural ecosystem services but not paying or not paying on time and in full according to the contract in Vietnam?
Pursuant to Clause 4, Article 48 of Decree 45/2022/ND-CP stipulates:
“Article 48. Violations against regulations on payment for natural ecosystem services
…
3. Acts of users of natural ecosystem services failing to declare, incorrectly declaring or delaying declaring the amount to be paid in the form of entrustment to the provincial environmental protection fund or the environmental protection fund In case the locality does not have a provincial-level environmental protection fund, the penalties shall be as follows:
a) A fine of between VND 1,000,000 and 2,000,000 if the amount to be paid is under VND 50,000,000;
b) A fine of between VND 2,000,000 and 3,000,000 if the payable amount is from VND 50,000,000 to under VND 200,000,000;
c) A fine of between VND 3,000,000 and 5,000,000 if the payable amount is from VND 200,000,000 to under VND 300,000,000;
d) A fine of between VND 5,000,000 and 7,000,000 shall be imposed if the payable amount is from VND 300,000,000 to under VND 500,000,000;
dd) A fine ranging from VND 7,000,000 to VND 10,000,000 if the amount to be paid is VND 500,000,000 or more.”
Accordingly, for acts of users of natural ecosystems not declaring, making the incorrect declaration,s or late declaring the amount to be paid in the form of entrustment to the provincial environmental protection fund or the environmental protection fund. In case the locality does not have a provincial-level environmental protection fund, it will base on the amount to be paid to determine the level of administrative sanction according to the above provisions.
Is remedial action required for violations of the payment for natural ecosystem services regulations in Vietnam?
Pursuant to Clause 8, Article 48 of Decree 45/2022/ND-CP stipulates:
"Article 48. Violations against regulations on payment for natural ecosystem services
…
8. Remedial measures:
a) Enforce full payment of fees for using natural ecosystem services and interest arising from late payment (if any) in proportion to the amount and time of late payment within 01 month from the date of payment. date of receiving the sanctioning decision for the acts specified in Clause 4 of this Article.
The interest is calculated on the basis of the amount of late payment, the time of late payment according to the basic interest rate announced by the State Bank of Vietnam at the time closest to the time of issuing the decision on sanctioning administrative violations;
b) Enforce the establishment of a grassroots level natural ecosystem service payment scheme within 6 months from the date of receipt of the sanctioning decision, for the acts specified in Clause 5 of this Article;
c) Forcible transfer of the remaining amount to the provincial-level environmental protection fund or the Vietnam Environment Protection Fund, for localities that do not have a provincial-level environmental protection fund within 06 months from the date of receipt of the decision. impose penalties for acts specified in Clause 6 of this Article;
d) Forcible return of money used for improper purposes within 01 month from the date of receipt of the sanctioning decision, for the acts specified in Clause 7 of this Article.
In addition to administrative sanctions according to the above provisions, the violation will be based on the violation to determine remedial measures according to Clause 8, Article 48 of Decree 45/2022/ND-CP."
Note: The administrative sanctions according to the above regulations are only applied to violators. In case the organization violates, the administrative sanction will be 2 times higher than that of an individual.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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