Vietnam: How much is the penalty for not reporting the hiring of public transport vehicles to transport hazardous waste?
- Additional regulations on penalties for failure to report to competent authorities about hiring public transport vehicles to transport hazardous wastes in Vietnam?
- How will hazardous waste transport vehicles not meeting technical requirements be handled in Vietnam?
- Selling hazardous waste to organizations or individuals without appropriate environmental permits in Vietnam?
Additional regulations on penalties for failure to report to competent authorities about hiring public transport vehicles to transport hazardous wastes in Vietnam?
Pursuant to Point a, Clause 1, Article 30 of Decree 45/2022/ND-CP stipulates:
“Article 30. Violations against regulations on environmental protection related to hazardous waste transportation
1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Failing to report to the environmental licensing agency in case of hiring public transport vehicles to transport hazardous wastes as prescribed;”
Accordingly, in the near future, if you fail to report to the competent authority on hiring public transport vehicles to transport hazardous waste as prescribed, you will be subject to an administrative fine of from VND 10,000,000 to VND 10,000,000. 20,000,000 VND.
This is a new point of Decree 45/2022/ND-CP that the current regulations do not mention.
Vietnam: How much is the penalty for not reporting the hiring of public transport vehicles to transport hazardous waste?
How will hazardous waste transport vehicles not meeting technical requirements be handled in Vietnam?
Pursuant to Clause 3, Article 30 of Decree 45/2022/ND-CP stipulates:
“Article 30. Violations against regulations on environmental protection related to hazardous waste transportation
…
3. A fine of between VND 50,000,000 and 100,000,000 shall be imposed for one of the following acts:
a) Collect and transport hazardous waste outside the area specified in the license for hazardous waste treatment;
b) Performing hazardous waste transportation cooperation between two individuals or organizations with environmental permits regarding the content of hazardous waste treatment services without the written approval of the licensing agency. environmental permits in accordance with regulations;
c) Failing to comply with one of the contents specified in the environmental permit on hazardous waste treatment, except for the case specified at Point a, Clause 4, Clause 5 and Clause 6 of this Article;
d) Using specialized means and equipment to collect, transport, pack, preserve and temporarily store hazardous wastes that do not meet technical requirements as prescribed;
dd) Arranging areas for temporary storage of hazardous wastes in contravention of regulations.”
Accordingly, the use of specialized means and equipment to collect, transport, pack, preserve and temporarily store hazardous wastes that do not meet technical requirements as prescribed will be administratively sanctioned from 50,000,000 VND to 100,000,000 VND.
Selling hazardous waste to organizations or individuals without appropriate environmental permits in Vietnam?
Pursuant to Clause 5, Article 30 of Decree 45/2022/ND-CP stipulates:
“Article 30. Violations against regulations on environmental protection related to hazardous waste transportation
…
5. Acts of transferring, giving or selling hazardous wastes to organizations or individuals without appropriate environmental permits or purchasing or receiving hazardous wastes from organizations and individuals without the function of treatment. hazardous waste treatment according to regulations or transfer hazardous waste to a third party for treatment in case there is a contract to collect, transport and treat hazardous waste, except for cases of criminal acts. Environmental offenses shall be penalized as follows:
a) A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, buying or receiving less than 100 kg of hazardous waste;
b) A fine ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 100 kg to under 600 kg of hazardous waste;
c) A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 600 kg to under 1,000 kg of hazardous waste;
d) A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 1,000 kg to under 2,000 kg of hazardous waste;
dd) A fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 2,000 kg to under 3,000 kg of hazardous waste;
e) A fine ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 3,000 kg to under 4,000 kg of hazardous waste;
g) A fine ranging from VND 190,000,000 to VND 220,000,000 shall be imposed for transferring, giving, selling, buying or receiving from 4,000 kg to under 5,000 kg of hazardous waste;
h) A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, buying or receiving 5,000 kg of hazardous waste or more.”
Accordingly, based on the volume of hazardous waste sold to organizations or individuals that do not have appropriate environmental permits, to determine the level of administrative sanctions according to the above provisions.
In addition, based on the violation to determine additional sanctioning forms and remedial measures as prescribed in Clauses 8, 9, Article 30 of Decree 45/2022/ND-CP.
Note that the administrative sanctions according to the above provisions only apply to violators. In case organizations violate, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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