How much will the penalty for importing from abroad into Vietnam without warehouse in Vietnam or depot?
- What are the penalties for importing scrap without a scrap warehouse in Vietnam that meets environmental protection conditions?
- How much is the fine for transferring imported scrap from abroad as raw production materials without meeting the environmental permit?
- Import of scrap with impurities exceeding the rate of national technical regulations on environment for imported scrap will be handled how?
What are the penalties for importing scrap without a scrap warehouse in Vietnam that meets environmental protection conditions?
Pursuant to Clause 1, Article 35 of Decree 45/2022/ND-CP stipulates as follows:
“Article 35. Violations against regulations on environmental protection in importing scrap from abroad
1. Penalties for violations in case of import of scrap for use as raw production materials:
a) A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for acts of warehouse or storage yard for imported scrap that fail to meet requirements on environmental protection in importing scrap for use as raw production materials as regulated. ; storing imported scrap in an area other than a warehouse or storage yard that has been granted an environmental permit;
b) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for failing to have a warehouse or storage yard for imported scrap that meets the conditions on environmental protection in importing scrap for use as raw production materials; failing to sign direct contracts with foreign organizations and individuals to supply imported scrap for use as raw production materials;
c) A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failing to have technology and equipment to recycle or reuse scrap as prescribed; do not treat impurities accompanying the scrap or do not transfer the impurities to the unit with the processing function as prescribed; failing to identify and classify waste arising from the use of imported scrap in order to have an appropriate waste treatment plan according to regulations;
d) A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for importing scrap in excess of the volume permitted in the environmental permit;
dd) A fine ranging from VND 200,000,000 to VND 23,000,000 shall be imposed for using imported scrap in contravention of regulations;
e) A fine ranging from VND 23,000,000 to VND 250,000,000 shall be imposed for importing scrap that is not of the type specified in the environmental permit as prescribed, except for the case specified in Clause 4 of this Article.”
Thus, violations when importing scrap for use as raw production materials in one of the cases in the above regulations will be based on the violation to determine the level of administrative sanction.
Accordingly, in case there is no warehouse in Vietnam or storage yard for imported scrap meeting the conditions on environmental protection in importing scrap for use as raw production materials, an administrative fine of between VND 130,000,000 and 150,000.000 dong.
How much is the penalty for importing scrap from abroad into Vietnam without a warehouse in Vietnam or a scrap storage yard?
How much is the fine for transferring imported scrap from abroad as raw production materials without meeting the environmental permit?
Pursuant to Clause 2, Article 35 of Decree 45/2022/ND-CP stipulates as follows:
“Article 35. Violations against regulations on environmental protection in importing scrap from abroad
…
2. Penalties for transferring scrap imported from abroad as raw production materials to other organizations or individuals in contravention of the environmental permit:
a) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for transferring under 500 tons of imported iron and steel scrap as raw production materials to other organizations or individuals; transferring less than 100 tons of imported paper scrap as production materials to other organizations and individuals; transferring less than 50 tons of imported plastic scrap as production materials to other organizations and individuals;
b) A fine ranging from VND 23,000,000 to VND 250,000,000 shall be imposed for transferring from 500 tons to under 1,000 tons of imported iron and steel scrap as raw production materials to other organizations or individuals; transferring from 100 tons to 500 tons of imported paper scrap as production materials to other organizations and individuals; transferring from over 50 tons to 100 tons of imported plastic scrap as production materials to other organizations and individuals;
c) A fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed for transferring over 1,000 tons of imported iron and steel scrap as raw production materials to other organizations or individuals; transferring over 500 tons of imported paper scrap as production materials to other organizations and individuals; transferring over 100 tons of imported plastic scrap as production materials to other organizations and individuals.”
Thus, based on any of the above-mentioned violations to determine the level of administrative sanction. The administrative sanction levels will be based on the volume of imported iron and steel scrap as raw production materials for other organizations and individuals that are not transferred in accordance with the environmental permit.
Import of scrap with impurities exceeding the rate of national technical regulations on environment for imported scrap will be handled how?
Pursuant to Clause 4, Article 35 of Decree 45/2022/ND-CP stipulates as follows:
“Article 35. Violations against regulations on environmental protection in importing scrap from abroad
...
4. Penalties for importing scrap containing impurities accompanying the scrap in excess of the permitted rate according to the national technical regulations on environment for imported scrap:
a) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the impurities are hazardous wastes or persistent organic pollutants in Appendix A of the Stockholm Convention on Persistent Organic Pollutants. decomposing, with a total weight of less than 200 kg; impurities are other wastes, with a total weight of less than 1,000 kg;
b) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed if the impurities are hazardous wastes or persistent organic pollutants in Appendix A of the Stockholm Convention on Persistent Organic Pollutants. decomposing, with a total weight of 200 kg to less than 300 kg; impurities being other wastes, with a total weight of between 1,000 kg and under 5,000 kg;
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i) A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if the impurities are hazardous wastes or persistent organic pollutants in Appendix A of the Stockholm Convention on Persistent Organic Pollutants. decomposing, with a total weight of between 900 kg and less than 1,000 kg; impurities are other wastes, with a total weight from 60,000 kg to less than 70,000 kg.”
Accordingly, based on any of the above-mentioned violations to determine the appropriate level of administrative sanction.
In addition to being administratively sanctioned according to the above provisions, the violating party will also be subject to additional sanctions and forced to take remedial measures according to Clause 7, Clause 8 of Decree 45/2022/ ND-CP.
Note that the administrative sanctions under the above provisions only apply to violators. In case of violations by organizations, the administrative sanction will be double that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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