Changes in administrative penalties for violations of regulations on marine environmental protection from July 22, 2022 in Vietnam?
- What is the current level of administrative sanction for violations of other regulations on marine environmental protection in Vietnam?
- Changing regulations on administrative sanctions for violations of other regulations on marine environmental protection in the near future in Vietnam?
- Time to calculate the statute of limitations for violations of other regulations on marine environmental protection in the near future in Vietnam?
What is the current level of administrative sanction for violations of other regulations on marine environmental protection in Vietnam?
Pursuant to Article 27 of Decree 162/2013/ND-CP of Vietnam stipulates:
"Article 27. Violations against other regulations on protection of marine environment
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the owner of ship/ vessel or facility storing goods at sea for posing risk of causing environmental emergencies but failing to report the national rescue and salvage forces, the coast guard forces or relevant organizations/ individuals as regulated.
2. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on the organization/ individual performing mining activities or the owner of vessel/ ship carrying petroleum, oil, chemicals, radioactive substances or other toxic substances at sea for failure to have appropriate plan, personnel and equipment for preventing and coping with environmental emergencies.
3. A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for one of the following violations:
a) Exploitation of marine resources and carrying out of other activities relating to the extraction and use of marine resources in contravention of the approved plan on use of natural resources;
b) Employment of destructive methods, means and devices in exploiting sea resources and yields;
c) Discharge or release of waste and other polluting elements generated from production, business, service provision, construction, transportation and mining activities into territorial waters, islands and continental shelf of the Socialist Republic of Vietnam in contravention of national technical regulations on environment;
d) Keeping or storing means of transport or treasures at sea over the prescribed duration for handling;
dd) Failing to collect, store and treat hazardous waste generated from the exploration and extraction of marine resources, or the dismantlement of means of transport at sea as regulated.
4. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for discharge of non-hazardous waste, which is generated from vessels/ ships or offshore drilling platforms but is not treated as regulated, or fails to satisfy requirements of national technical regulations on waste, into sea; discharge of land-sourced solid waste into sea without the written approval granted by a competent environment authority as regulated; discharge of waste generated from dredging activities into sea without the written approval granted by a competent environment authority as regulated.
5. A fine ranging from VND 250,000,000 to VND 500,000,000 shall be imposed for discharge of waste of various types into sea areas in the wildlife sanctuaries, natural heritages, new natural ecosystems, regular or seasonal reproductive areas of aquatic species.
6. A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for discharge of hazardous waste or waste containing radioactive substances into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.
7. Additional penalties:
Confiscate the exhibits and instrumentalities of administrative violations prescribed in Point b Clauses 3, 4, 5 and 6 of this Article.
8. Remedial measures:
Enforced application of remedial measures for environmental pollution treatment within the time limit specified in the decision on imposition of penalties for administrative violations made by the authorized person if one of the violations prescribed in this Article is committed."
Accordingly, violations of other regulations on marine environmental protection in Vietnam will now be administratively sanctioned with the above-mentioned levels. In addition, violating organizations and individuals must take remedial measures and bear corresponding additional sanctions.
Note: The fine level for these administrative violations is the fine level for individuals. The fine level for organizations is equal to 02 times the fine level for individuals.
Changes in administrative penalties for violations of regulations on marine environmental protection from July 22, 2022 in Vietnam?
Changing regulations on administrative sanctions for violations of other regulations on marine environmental protection in the near future in Vietnam?
Pursuant to Clause 17, Article 3 of Decree 37/2022/ND-CP of Vietnam amending and supplementing Article 27 of Decree 162/2013/ND-CP of Vietnam:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
…
17. To amend and supplement Article 27 as follows:
“Article 27. Violations against other regulations on marine environment protection
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on owners of means of transport or warehouses storing goods at sea that are at risk of causing environmental problems without notifying the rescue and rescue forces. National households, Coast Guard forces, other relevant organizations and individuals as prescribed.
2. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on organizations and individuals engaged in mineral extraction activities, owners of vehicles transporting gasoline, oil, chemicals, radioactive substances and other hazardous substances on The sea does not have a plan, manpower and equipment to ensure the prevention and response to environmental incidents.
3. A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for one of the following acts:
a) The exploitation of marine resources and resources and other activities related to the exploitation and use of marine resources are not performed in accordance with the approved natural resource use planning;
b) Using destructive measures, means and tools in exploiting marine resources and resources;
c) Leaving and storing means of transport and warehouses at sea beyond the time required for handling.
4. Additional sanctions:
Confiscate exhibits and means of administrative violations, for violations specified at Point b, Clause 3 of this Article.
5. Remedial measures:
Enforce the implementation of remedial measures for environmental pollution according to regulations, for the violations specified in this Article.”
Thus, in the near future, there will be a change in the level of administrative sanctions for violations of other regulations on marine environmental protection according to the above provisions. Note: The fine level for these administrative violations is the fine level for individuals. The fine level for organizations is equal to 02 times the fine level for individuals.
Time to calculate the statute of limitations for violations of other regulations on marine environmental protection in the near future in Vietnam?
Pursuant to Clause 2, Article 3 of Decree 37/2022/ND-CP of Vietnam, to add Article 1b after Article 1a of Decree 162/2013/ND-CP of Vietnam, stipulates:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
…
2. To add Article 1b after Article 1a as follows:
“Article 1b. Time for calculating the statute of limitations for sanctioning administrative violations in the waters, islands and continental shelf of the Socialist Republic of Vietnam
1. The time limit for calculating the statute of limitations for sanctioning administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012, which was amended and supplemented at Point a, Clause 4, Article 1 of the Law on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations 2020.
2. Ended administrative violations specified in this Decree are acts related to obligations and responsibilities of individuals and organizations that must be performed within a certain time limit as prescribed by law. but at the end of that time limit, the individual or organization has not yet complied with the provisions of Clauses 1, 2 and 3, Article 13; Article 20; Clause 2 Article 22; Point a, Clause 2, Clause 3 and Clause 4, Article 23 of this Decree.
3. The administrative violations currently prescribed in this Decree are violations not falling under Clause 2 of this Article.”
Thus, the time of calculating the statute of limitations for sanctioning administrative violations for violations of other regulations on marine environmental protection shall comply with the above provisions.
Decree 37/2022/ND-CP of Vietnam comes into force from July 22, 2022.
LawNet
2 view
