What are the penalties for failing to build and install work for responding to waste-related emergencies in Vietnam from August 25, 2022?
- What are the penalties for failing to build and install work for responding to waste-related emergencies in Vietnam?
- How to handle waste-related emergencies in Vietnam?
- Is it necessary to apply remedial measures when violating regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies in Vietnam?
What are the penalties for failing to build and install work for responding to waste-related emergencies in Vietnam?
Pursuant to Clause 1, Article 40 of Decree 45/2022/ND-CP stipulates as follows:
“Article 40. Violations against regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies
1. Penalties for violations against regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies:
a) A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for failing to make plans for prevention and response to waste-related emergencies or for failing to make plans for environmental restoration after waste-related emergencies;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing to publicize the plan to prevent and respond to waste-related emergencies; failing to notify the commune-level People's Committees and district-level commanding committees for natural disaster prevention and control and search and rescue when waste-related emergencies occur;
c) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for failing to arrange on-site forces; failing to develop training plans for on-site forces on waste incident response; failing to organize waste incident response drills;
d) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing to build or install waste incident response facilities and equipment; failing to ensure supplies and means for responding to waste-related emergencies according to waste incident response plans;
dd) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failing to comply with or improperly complying with orders to mobilize forces, equipment and means to respond to waste-related emergencies issued by agencies or persons with waste-related emergencies. authorization;
e) A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for failing to properly implement the plan to respond to waste-related emergencies, not stopping production activities when a waste incident occurs, and failing to take measures measures under their responsibility to promptly respond to waste-related emergencies;
g) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for violations specified in Clause 2 of this Article without performing environmental restoration or performing environmental restoration but failing to meet technical regulations. environment in terms of quality of the surrounding environment, does not meet the provisions of the law on biodiversity, forestry and fisheries;
h) A fine ranging from VND 250,000,000 to VND 350,000,000 shall be imposed for failure to pay expenses for organizing waste incident response and environmental restoration costs to the State in case the State acts as the respond to waste-related emergencies and restore the environment after the incident, do not compensate for damage caused by waste-related emergencies as prescribed, except for cases of environmental crimes.”
Thus, for violations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies, there will be administrative sanctions based on the cases in the above regulations.
Accordingly, for acts of failing to build and install works and equipment to respond to waste-related emergencies, they will be administratively sanctioned from VND 80,000,000 to VND 100,000,000.
What are the penalties for failing to build and install work for responding to waste-related emergencies in Vietnam from August 25, 2022? (Image from the internet)
How to handle waste-related emergencies in Vietnam?
Pursuant to Clause 2, Article 40 of Decree 45/2022/ND-CP stipulates as follows:
“Article 40. Violations against regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies
…
2. Penalties for causing waste-related emergencies are as follows:
a) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for causing waste-related emergencies at the grassroots level, except for environmental crimes;
b) A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for causing waste-related emergencies at district lever, except for environmental crimes;
c) A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for causing provincial waste-related emergencies, except for environmental crimes;
d) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for causing national waste-related emergencies, except for environmental crimes.”
Accordingly, for acts of causing waste-related emergencies that do not fall into the case of environmental crimes, they will be based on the level of violation to determine the level of administrative fines according to the above provisions.
Is it necessary to apply remedial measures when violating regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies in Vietnam?
Pursuant to Clauses 3 and 4, Article 40 of Decree 45/2022/ND-CPstipulates as follows:
“Article 40. Violations against regulations on prevention and response to waste-related emergencies and environmental recovery after waste-related emergencies
…
3. Additional sanctioning forms:
a) Suspend the operation of the establishment's source of waste causing environmental pollution for 3 to 6 months in case of violations specified in Clause 2 of this Article;
b) Stop the establishment's operation period is from 6 to 9 months, for cases of violations specified at Point g, Clause 1 of this Article.
4. Remedial measures:
a) Enforce the implementation of remedial measures for environmental pollution according to regulations and report on the results of overcoming the consequences of violations or remedying environmental emergencies within the time limit prescribed by the person with sanctioning competence. determined in the decision on sanctioning of administrative violations for the violations specified at Point g, Clause 1 of this Article;
b) Enforce to pay expenses for organizing waste incident response and environmental restoration costs for violations specified at Point h, Clause 1 of this Article.”
Accordingly, based on violations to determine remedial measures and additional penalties according to the above provisions.
Note that the administrative sanctions according to the above provisions only apply to individuals. In case organizations violate, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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