What are the penalties for importing machinery, equipment and vehicles that do not meet environmental technical regulations in Vietnam into Vietnam?
- Is it fine to dismantle used ships but not periodically report to the competent authority on environmental protection?
- Importing machinery and equipment that do not meet environmental technical regulations in Vietnam into Vietnam will be handled how?
- How long is the statute of limitations for administrative sanctions for violations of regulations on environmental protection in the import and demolition of used ships?
Is it fine to dismantle used ships but not periodically report to the competent authority on environmental protection?
Pursuant to Clause 3, Article 34 of Decree 45/2022/ND-CP stipulates as follows:
“Article 34. Violations against regulations on environmental protection in the importation and demolition of used ships; import machinery, equipment, vehicles, raw materials, fuel, materials
…
3. Penalties for importing used ships for demolition or dismantling used ships in contravention of regulations on environmental protection, except for environmental crimes. :
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing to make periodical reports to competent state agencies on environmental protection in used ship breaking activities. used as prescribed;
b) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failing to apply the environmental management system according to national standards TCVN ISO 14001 to ship breaking facilities;
c) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failing to collect fuel, oil, bilge water, ballast water, other liquids and potentially incendiary and explosive materials; failing to take measures to ventilate and supply enough oxygen to enclosed spaces on the ship to ensure safe working conditions as prescribed;
d) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failing to dissect and collect asbestos and PCBs according to regulations; failing to arrange enough human resources and labor protection equipment to remove asbestos according to regulations; the asbestos removal area is not guaranteed according to regulations;
dd) A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for failing to meet the conditions for environmental protection facilities and technical infrastructure that have carried out the demolition of used ships;
e) A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for failing to satisfy the conditions but still importing used ships for demolition;
g) A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed for importing the wrong type of used ship for demolition;
h) A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for importing used ships contaminated with radioactive substances, disease-causing germs or other toxins that have not been cleaned or are incapable of being cleaned. for demolition; ballast water containing invasive alien species or endangered species as regulated; not recover all C.F.C gas in equipment before importing into Vietnam;
i) Violations against ordinary solid waste and hazardous waste arising from the dismantling of used ships shall comply with the provisions of Articles 26 and 29 of this Decree.”
Accordingly, for the act of dismantling used ships but failing to periodically report to the competent authority on environmental protection as prescribed, the administrative fine from 30,000,000 VND will be imposed. VND to 50,000,000 VND.
What are the penalties for importing machinery, equipment and vehicles that do not meet environmental technical regulations in Vietnam into Vietnam?
Importing machinery and equipment that do not meet environmental technical regulations in Vietnam into Vietnam will be handled how?
Pursuant to Clause 1, Article 34 of Decree 45/2022/ND-CP stipulates as follows:
“Article 34. Violations against regulations on environmental protection in the importation and demolition of used ships; import machinery, equipment, vehicles, raw materials, fuel, materials
1. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for importing machinery, equipment and means (except for used seagoing ships for demolition), raw materials, fuel and other materials. meeting environmental technical regulations or contrary to the provisions of the law on environmental protection.”
Accordingly, the act of importing machinery, equipment and means (except for used ships for demolition) into Vietnam that do not meet environmental technical regulations in Vietnam or are contrary to the provisions of the law on environmental protection. shall be administratively fined from VND 100,000,000 to VND 150,000,000.
In addition, based on violations to determine remedial measures and additional penalties according to Clauses 4 and 5, Article 34 of Decree 45/2022/ND-CP.
Note, the administrative sanctions according to the above provisions only apply to individuals. In case of violation, the penalty will be doubled.
How long is the statute of limitations for administrative sanctions for violations of regulations on environmental protection in the import and demolition of used ships?
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.”
Accordingly, the determination of the statute of limitations for administrative sanctions for violations of regulations on environmental protection in the import and demolition of used ships shall comply with the above provisions.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
LawNet
