What are offences against regulations on GHG emissions mitigation in Vietnam and sanctions?

1. What are offences against regulations on GHG emissions mitigation in Vietnam and sanctions?

Pursuant to Article 45 of Decree 45/2022/ND-CP (effective August 25, 2022) stipulating the above content as follows:

Offences against regulations on GHG emissions mitigation

1. A warning shall be imposed for any of the following offences:

a) Failure to submit GHG inventory reports to regulatory bodies as prescribed;

b) Failure to submit reports on reduction of GHG emissions to regulatory bodies as prescribed.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:

a) Providing incorrect or insufficient information in the GHG inventory report;

b) Providing incorrect or insufficient information in the report on reduction of GHG emissions.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following offences:

a) Failure to prepare GHG inventory reports as prescribed;

b) Failure to prepare reports on reduction of GHG emissions as prescribed;

c) Appraising the reports in the fields not announced by the Ministry of Natural Resources and Environment.

4. Remedial measures:

a) Mandatory provision of correct or sufficient information in the GHG inventory reports and reports on reduction of GHG emissions in case of commission of the offences specified in Clause 2 of this Article;

b) Mandatory preparation of the GHG inventory reports and reports on reduction of GHG emissions for the year(s) of late payment or underpayment, and bearing of all costs incurred, if any, in case of commission of the offences specified in points a and b clause 3 of this Article;

c) Mandatory invalidation of results of appraisal of the GHG inventory reports or reports on reduction of GHG emissions in case of commission of the offences specified in point c clause 3 of this Article.

2. What are offences against regulations on ozone layer protection in Vietnam and sanctions?

Pursuant to Article 46 of Decree 45/2022/ND-CP (effective August 25, 2022) stipulating the above content as follows:

Offences against regulations on ozone layer protection

1. A warning shall be imposed for any of the following offences:

a) Failure to register the use of controlled substances issued under the List specified in point b clause 3 Article 92 of the Law on Environmental Protection (hereinafter referred to as “controlled substances”);

b) Failure to develop an appropriate roadmap for replacement or removal of controlled ozone-depleting substances and GHGs as prescribed;

c) Failure to submit reports on the use of controlled substances within the prescribed time limit.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:

a) Failure to prepare periodic reports on the use of controlled substances as prescribed;

b) Providing incorrect or insufficient information in the reports on the use of controlled substances.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed:

a) Upon any technician in charge of collecting controlled substances who does not have an appropriate diploma or certificate in accordance with regulations; or

b) For failure to use equipment suitable for the collection, transport and storage of controlled substances in accordance with regulations; or

c) For failure to develop the process of safe collection, transport and storage of controlled substances according to regulations of the Ministry of Natural Resources and Environment.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following offences:

a) Producing controlled substances in excess of the allocated quota under the decision on allocation, adjustment and supplementation of quota for production and import of controlled substances;

b) Importing controlled substances in excess of the allocated quota under the decision on allocation, adjustment and supplementation of quota for production and import of controlled substances;

c) Transferring the quota for production and import of controlled substances;

d) Illegally using the notification of allocation, adjustment and supplementation of the quota for production and import of controlled substances.

5. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to transfer controlled substances to a unit issued with an appropriate environmental license for recycling and treatment in accordance with regulations.

6. Penalties for discharging into the environment controlled substances not generated together with other types of hazardous waste of an organization are as follows:

a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging less than 10 kg of controlled substances into the environment;

b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging 10 kg to less than 30 kg of controlled substances into the environment;

c) A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for discharging 30 kg to less than 50 kg of controlled substances into the environment;

d) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for discharging 50 kg to less than 100 kg of controlled substances into the environment;

dd) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging 100 kg to less than 250 kg of controlled substances into the environment;

e) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging 250 kg to less than 500 kg of controlled substances into the environment;

g) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging at least 500 kg of controlled substances into the environment.

7. A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following offences, except for environmental crimes:

a) Producing prohibited controlled substances; equipment and products containing or manufactured from prohibited controlled substances;

b) Importing or exporting prohibited controlled substances; importing or exporting equipment and products containing or manufactured from prohibited controlled substances;

c) Illegally producing controlled substances; illegally producing substances and equipment, products containing or manufactured from controlled substances;

d) Illegally importing or exporting controlled substances; illegally importing or exporting equipment or products containing or manufactured from controlled substances;

dd) Consuming prohibited controlled substances; consuming equipment and products containing or manufactured from prohibited controlled substances.

8. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for recycling and treating controlled substances without an appropriate environmental license.

9. Additional penalties:

a) Suspending the operation of the business establishment for 06 - 09 months in case of commission of the offences specified in clause 7 of this Article.

b) Suspending the operation of the business establishment for 09 - 12 months in case of commission of the offences specified in clause 8 of this Article.

10. Remedial measures:

a) Mandatory transfer of substances and equipment, products containing or manufactured from controlled substances that need to be treated in accordance with regulations to the units having treatment function, and bearing of all costs incurred, in case of commission of the offences specified in clause 5 of this Article;

b) Mandatory disgorgement of illegal gain from commission of the offences specified in clauses 4 and 7 of this Article;

c) Mandatory destruction of substances and equipment, products containing or manufactured from prohibited controlled substances and bearing of all costs incurred, in case of commission of the offences specified in clause 7 of this Article;

d) Mandatory development of the process for safe collection, transport and storage in accordance with regulations in case of commission of the offences specified in point c clause 3 of this Article.

Best Regards!