Vietnam: What are the administrative penalties for violations of regulations on ozone layer protection from August 25, 2022?
What is the ozone layer according to the regulations in Vietnam?
Pursuant to Clause 34, Article 3 of the Law on Environmental Protection 2020, the definition of the ozone layer is as follows:
“Article 3. Definitions
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34. “ozone layer” means a layer in the Earth's stratosphere which protects the Earth from the sun’s harmful ultraviolet radiation."
Accordingly, the ozone layer is a a layer in the Earth's stratosphere which protects the Earth from the sun’s harmful ultraviolet radiation.
How to effectively protect the ozone layer according to the regulations in Vietnam?
Pursuant to Article 92 of the Law on Environmental Protection 2020, which provides for the protection of the ozone layer as follows:
“Article 92. Ozone layer protection
1. Ozone layer protection refer to an action taken to adapt to climate change in order to prevent ozone depletion and minimize harmful effects of ultraviolet radiation from the Sun.
2. Ozone layer protection shall focus on:
a) managing production, export, import, sale and elimination of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
b) collecting, recycling, reusing or disposing of controlled ozone-depleting substances and GHGs under the international treaty on the protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory in equipment containing them when they are no longer used;
c) developing and applying technologies and equipment using non-ozone-depleting substances and climate-friendly substances.
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7. Businesses that use the substances and gases on the list specified in Point b Clause 3 of this Article shall make a transfer of ozone layer protection technology entitled to incentives and assistance as prescribed by this Law and Law on Technology Transfer.
8. The Government shall elaborate this Article.”
Accordingly, the current protection of the ozone layer will be based on the contents specified above.
Vietnam: What are the administrative penalties for violations of regulations on ozone layer protection from August 25, 2022?
What are the administrative penalties for violations of regulations on ozone layer protection in Vietnam?
Pursuant to Article 46 of Decree 45/2022/ND-CP stipulates as follows:
“Article 46. Violations against regulations on ozone layer protection
1. A warning shall be imposed for one of the following violations:
a) Fail to register the use of controlled substances issued under the List specified at Point b, Clause 3, Article 92 of the Law on Environmental Protection (hereinafter referred to as controlled substances);
b) Fail to develop an appropriate roadmap to replace and remove ozone-depleting substances and substances causing greenhouse effects under controlled regulations;
c) Fail to submit reports on the use of controlled substances within the prescribed time limit.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:
a) Fail to make periodic reports on the use of controlled substances as prescribed;
b) Provide incorrect or incomplete information in the report on the use of controlled substances.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a) Technicians collect controlled substances do not have appropriate diplomas, certificates or certificates as prescribed;
b) Fail to use equipment suitable for the collection, transportation and storage of controlled substances as prescribed;
c) There is no process of safe collection, transportation and storage of controlled substances according to regulations of the Ministry of Natural Resources and Environment.
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9. Additional penalties:
a) Suspend the establishment's operation from 06 months to 09 months for the violations specified in Clause 7 of this Article;
b) Suspend the establishment's operation from 09 months to 12 months for the violations specified in Clause 8 of this Article.
10. Remedial measures:
a) Force to transfer substances and equipment, products containing or manufactured from controlled substances that need to be handled in accordance with regulations to the unit with the handling function and bear all costs incurred for the violation; specified in Clause 5 of this Article;
b) Force to return illegal profits obtained from committing violations specified in Clauses 4 and 7 of this Article;
c) Force to destroy substances and equipment, products containing or manufactured from banned controlled substances and bear all costs incurred for the violation specified in Clause 7 of this Article;
d) Force to develop safe collection, transportation and storage procedures as prescribed, for violations specified at Point c, Clause 3 of this Article.”
Accordingly, based on violations of regulations on protection of the ozone layer to determine the appropriate form of punishment and administrative sanction according to the above provisions.
In addition, based on the violation to determine additional sanctioning forms and remedial measures that need to be implemented in accordance with the above provisions.
Note: the administrative penalties as mentioned above are only applied to violators. In case of violations by organizations, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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