What are toxic chemicals? What are penalties for illegal use of toxic substances in Vietnam? What are judgment related to this offense?

What are toxic chemicals?

According to Clause 5, Article 4 of the Chemical Law 2007, the term "toxic chemicals" is defined as follows:

Toxic chemicals are dangerous chemicals that possess at least one of the hazardous characteristics specified from Point đ to Point n, Clause 4, Article 4 of the Chemical Law 2007:

- Acute toxicity;

- Chronic toxicity;

- Causes irritation to humans;

- Carcinogenic or cancer-causing risk;

- Causes genetic mutation;

- Reproductive toxicity;

- Bioaccumulative;

- Persistent organic pollutant;

- Harmful to the environment.

Thus, toxic chemicals are hazardous substances that have at least one dangerous characteristic as stipulated by law, including acute toxicity, chronic toxicity, causing irritation, carcinogenic risk, causing genetic mutations, reproductive toxicity, bioaccumulation, persistent organic pollutants, and environmental harm.

What are penalties for illegal use of toxic substances in Vietnam?

According to Article 311 of the Vietnam Criminal Code 2015 (amended in 2017) on the offense of illegal production, storage, transportation, use, or trade of flammable or toxic substances [323]:

- Anyone who illegally produces, stores, transports, uses, or trades in flammable or toxic substances shall be sentenced to imprisonment from 1 year to 5 years.

- Committing the offense in one of the following cases shall be sentenced to imprisonment from 3 years to 10 years:

+ As an organized crime;

+ With a large quantity of offending materials;

+ Causing death;

+ Causing injury or harm to another's health with bodily harm rate of 61% or more;

+ Causing injury or harm to the health of two or more people with a total bodily harm rate from 61% to 121%;

+ Causing property damage from 100,000,000 VND to under 500,000,000 VND;

+ Transnational transportation or trading;

+ Dangerous recidivism.

- Committing the offense in one of the following cases shall be sentenced to imprisonment from 7 years to 15 years:

+ With a very large quantity of offending materials;

+ Causing death to two people;

+ Causing injury or harm to the health of two or more people with a total bodily harm rate from 122% to 200%;

+ Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

- Committing the offense in one of the following cases shall be sentenced to imprisonment from 15 years to 20 years or life imprisonment:

+ With an especially large quantity of offending materials;

+ Causing death to three or more people;

+ Causing injury or harm to the health of three or more people with a total bodily harm rate of 201% or more;

+ Causing property damage of 1,500,000,000 VND or more.

- Offenders may also be fined from 5,000,000 VND to 50,000,000 VND, subject to probation or residence ban from 1 year to 5 years.

Thus, individuals who illegally use toxic substances may be subject to criminal prosecution, with imprisonment ranging from 1 year to life imprisonment depending on the actions and consequences caused. Additionally, offenders may be fined from 5,000,000 VND to 50,000,000 VND, subjected to probation or residence ban for up to 5 years.

What are judgments related to the offense of illegally storing and using toxic substances in Vietnam?

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