Vietnam: How much money will an individual who does not collect and store hazardous waste be fined from August 25, 2022?
- Changing regulations on administrative sanctions for hazardous waste storage to find treatment directions in Vietnam?
- What are the penalties for not collecting and storing hazardous waste according to Vietnamese regulations?
- What are the penalties for using hazardous waste packaging and storage equipment that do not meet technical requirements?
Changing regulations on administrative sanctions for hazardous waste storage to find treatment directions in Vietnam?
Pursuant to Point c, Clause 1, Article 21 of Decree 155/2016/ND-CP of Vietnam stipulating the administrative sanction for acts of storing hazardous waste to find the current treatment direction:
“Article 21. Violations against regulations on environmental protection for hazardous waste generators
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
…
c) Failing to report according to regulations to the competent state agency on the storage of hazardous waste for more than 06 months from the date of generation of hazardous waste in case cannot find the suitalbe the waste transporter and treater;
…”
Accordingly, at present, if the hazardous waste is kept for more than 06 months from the date of generation of hazardous waste because a suitable hazardous waste transporter and treatment owner has not been found, without reporting it to the competent authority, will be administratively fined from 5,000,000 to 10,000,000 VND.
However, in the near future, regulations on administrative sanctions for acts of storing hazardous waste to find treatment directions will be changed according to Clause 1, Article 29 of Decree 45/2022/ND-CP of Vietnam:
“Article 29. Violations against regulations on environmental protection for hazardous waste generators
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to report to a competent state agency about the storage of hazardous waste in case it is kept for more than 1 year from the time of generation. but have not found a suitable hazardous waste treatment facility, no feasible transportation and treatment plan.”
Accordingly, in the near future, there will be a change in the storage time of hazardous waste without notifying the competent authority from more than 6 months to more than 1 year.
Thus, in case hazardous waste is stored for less than 01 month from the time of generation, but a suitable hazardous waste treatment facility has not been found, there is no feasible transportation and treatment plan without notifying the competent authority. authorized, will not be administratively sanctioned.
Vietnam: How much money will an individual who does not collect and store hazardous waste be fined from August 25, 2022?
What are the penalties for not collecting and storing hazardous waste according to Vietnamese regulations?
Pursuant to Clause 2, Article 29 of Decree 45/2022/ND-CP of Vietnam stipulates:
“Article 29. Violations against regulations on environmental protection for hazardous waste generators
…
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Failing to store and manage used hazardous waste documents, records, documents and diaries related to hazardous waste management as prescribed; failing to provide sufficient hazardous waste documents to competent agencies to serve the management, inspection and examination according to regulations; there is no handover record in case of transferring hazardous medical waste for treatment according to the cluster model as prescribed;
b) Failing to notify the competent authority in writing that it is more than 6 months from the date of hazardous waste transfer in case the last two copies of the hazardous waste document are not received from the organization or individual. receive and transfer hazardous waste according to regulations;
c) Failing to collect and store hazardous waste as prescribed.”
Accordingly, for acts of failing to collect and store hazardous waste according to regulations, they will be administratively sanctioned from VND 10,000,000 to VND 20,000,000.
What are the penalties for using hazardous waste packaging and storage equipment that do not meet technical requirements?
Pursuant to Clause 3, Article 29 of Decree 45/2022/ND-CP of Vietnam stipulates:
“Article 29. Violations against regulations on environmental protection for hazardous waste generators
…
3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:
a) Failing to sign a contract with an appropriate environmental licensee before transferring hazardous waste for treatment as prescribed;
b) Transporting hazardous waste generated at the facility when there is no owner's vehicle or the vehicle or equipment fails to meet technical requirements as prescribed;
c) Failing to transfer hazardous wastes to units with appropriate environmental permits for collection and treatment according to regulations in case they are not allowed to keep storing them as prescribed by law or at the request of competent agencies. competent state;
d) Failing to identify hazardous waste according to hazardous waste codes, lists and thresholds; failing to classify hazardous waste according to regulations; improperly determining the quantity and volume of hazardous waste for management according to regulations; failing to declare or incorrectly declaring the volume and type of hazardous waste in the report to the competent state agency as prescribed;
dd) Failing to pack and store hazardous waste in suitable packages and storage devices that meet the prescribed technical requirements or use hazardous waste packaging and storage devices that do not meet the requirements of the regulations. technical requirements as prescribed;
e) Failing to arrange or arrange hazardous waste storage areas that do not meet technical requirements as prescribed.”
Accordingly, the administrative sanction for acts of using hazardous waste packaging and storage equipment that do not meet the prescribed technical requirements is from VND 40,000,000 to VND 50,000,000.
In addition, based on the violation, the violating party is also forced to take remedial measures and bear additional penalties according to Clause 8, Clause 9, Article 29 of Decree 45/2022/ND-CP of Vietnam.
Note, the administrative sanctions in the above regulations only apply to violators. In case of violations by organizations, the administrative sanction will be twice that of individuals.
Decree 45/2022/ND-CP of Vietnam comes into force from August 25, 2022.
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