How much is fine for failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste in Vietnam?

How much is fine for failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste in Vietnam?

Pursuant to Point a, Clause 3 and Clause 8, Clause 9, Article 29 of Decree 45/2022/ND-CP stipulating offences against regulations on environmental protection committed by hazardous waste generators as follows:

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following offences:

a) Failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste for treatment as prescribed;

b) Transporting hazardous waste generated at a business establishment without a vehicle under registered ownership or with a vehicle or equipment that fails to satisfy technical requirements as prescribed;

c) Failure to transfer hazardous waste to the unit having an appropriate environmental license for collection and treatment as prescribed in case the storage thereof is no longer permitted as prescribed or at the competent authority’s request;

d) Failure to identify hazardous waste according to hazardous waste codes, list and thresholds; failure to classify hazardous waste as prescribed; failure to correctly determine quantity and weight of hazardous waste for management purpose as prescribed; failure to provide information or providing inaccurate information about weight and type of hazardous waste in the report submitted to the competent authority as prescribed;

dd) Failure to package or preserve hazardous waste in appropriate packaging and storage equipment satisfying technical requirements as prescribed or using hazardous waste packaging and storage equipment failing to satisfy technical requirements as prescribed;

e) Failure to provide or providing space for storage of hazardous waste in accordance with technical requirements as prescribed.

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8. Additional penalties:

a) Suspending the operation of the business establishment for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article.

b) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clause 7 of this Article.

9. Remedial measures:

a) Mandatory restoration to original state of environment in case of commission of the offence specified in point a clause 6 and clause 7 of this Article;

b) Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;

c) Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;

d) Mandatory transfer of waste to the unit having treatment function in case of commission of the offences specified in clause 5 of this Article.

Thus, the act of failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste in Vietnam will result in a fine ranging from VND 40,000,000 to VND 50,000,000, the fine level for organizations is 2 times as much. In addition, violating individuals and organizations must also implement additional sanctions and remedial measures as prescribed above.

How much is fine for transporting hazardous waste generated at a business establishment without a vehicle under registered ownership in Vietnam?

Pursuant to Point b, Clause 3 and 8, Clause 9, Article 29 of Decree 45/2022/ND-CP providing for offences against regulations on environmental protection committed by hazardous waste generators as follows:

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following offences:

a) Failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste for treatment as prescribed;

b) Transporting hazardous waste generated at a business establishment without a vehicle under registered ownership or with a vehicle or equipment that fails to satisfy technical requirements as prescribed;

c) Failure to transfer hazardous waste to the unit having an appropriate environmental license for collection and treatment as prescribed in case the storage thereof is no longer permitted as prescribed or at the competent authority’s request;

d) Failure to identify hazardous waste according to hazardous waste codes, list and thresholds; failure to classify hazardous waste as prescribed; failure to correctly determine quantity and weight of hazardous waste for management purpose as prescribed; failure to provide information or providing inaccurate information about weight and type of hazardous waste in the report submitted to the competent authority as prescribed;

dd) Failure to package or preserve hazardous waste in appropriate packaging and storage equipment satisfying technical requirements as prescribed or using hazardous waste packaging and storage equipment failing to satisfy technical requirements as prescribed;

e) Failure to provide or providing space for storage of hazardous waste in accordance with technical requirements as prescribed.

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8. Additional penalties:

a) Suspending the operation of the business establishment for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article.

b) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clause 7 of this Article.

9. Remedial measures:

a) Mandatory restoration to original state of environment in case of commission of the offence specified in point a clause 6 and clause 7 of this Article;

b) Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;

c) Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;

d) Mandatory transfer of waste to the unit having treatment function in case of commission of the offences specified in clause 5 of this Article.

According to this Article, the act of transporting hazardous waste generated at a business establishment without a vehicle under registered ownership in Vietnam shall be fined from 40,000,000 VND to 50,000,000 VND, the fine level for organizations is 2 times. In addition, violating individuals and organizations must also implement additional sanctions and remedial measures as prescribed above.

How much is fine for failure to transfer hazardous waste to the unit having an appropriate environmental license for collection in Vietnam?

According to Point c, Clause 3 and 8, Clause 9, Article 29 of Decree 45/2022/ND-CP stipulating offences against regulations on environmental protection committed by hazardous waste generators as follows:

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following offences:

a) Failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste for treatment as prescribed;

b) Transporting hazardous waste generated at a business establishment without a vehicle under registered ownership or with a vehicle or equipment that fails to satisfy technical requirements as prescribed;

c) Failure to transfer hazardous waste to the unit having an appropriate environmental license for collection and treatment as prescribed in case the storage thereof is no longer permitted as prescribed or at the competent authority’s request;

d) Failure to identify hazardous waste according to hazardous waste codes, list and thresholds; failure to classify hazardous waste as prescribed; failure to correctly determine quantity and weight of hazardous waste for management purpose as prescribed; failure to provide information or providing inaccurate information about weight and type of hazardous waste in the report submitted to the competent authority as prescribed;

dd) Failure to package or preserve hazardous waste in appropriate packaging and storage equipment satisfying technical requirements as prescribed or using hazardous waste packaging and storage equipment failing to satisfy technical requirements as prescribed;

e) Failure to provide or providing space for storage of hazardous waste in accordance with technical requirements as prescribed.

...

8. Additional penalties:

a) Suspending the operation of the business establishment for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article.

b) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clause 7 of this Article.

9. Remedial measures:

a) Mandatory restoration to original state of environment in case of commission of the offence specified in point a clause 6 and clause 7 of this Article;

b) Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;

c) Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;

d) Mandatory transfer of waste to the unit having treatment function in case of commission of the offences specified in clause 5 of this Article.

Thus, the act of failure to transfer hazardous waste to the unit having an appropriate environmental license for collection in Vietnam shall be fined from VND 40,000,000 to VND 50,000,000, the fine level for organizations is 2 times. In addition, violating individuals and organizations must also implement additional sanctions and remedial measures as prescribed above.

Best Regards!