What are the fines for changing location of environmental monitoring services in Vietnam without notifying a competent authority?

What are the fines for changing location of environmental monitoring services in Vietnam without notifying a competent authority?

Pursuant to Clause 1 Article 17 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental monitoring services in Vietnam as follows:

1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for changing personnel, equipment or location of a business establishment without notifying a competent authority in writing as prescribed.

2. A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for failure to maintain fulfillment of chemical-related conditions (unavailability of chemicals or expired chemicals) in service of monitoring of parameters covered by the certificate of eligibility to provide environmental monitoring services.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following offences:

a) Failure to ensure a sufficient number of personnel (number of full-time officials responsible for field monitoring, number of full-time officials responsible for environmental analysis, laboratory manager, person responsible for quality assurance and control) for environmental monitoring of the parameters covered by the certificate of eligibility to provide environmental monitoring services;

b) Providing a monitoring result report that fails to contain ordinal numbers, symbols or sufficient information as prescribed.

4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following offences:

a) Performing activities not covered by the certificate of eligibility to provide environmental monitoring services; providing results of monitoring or testing of the parameters not covered by the certificate of eligibility to provide environmental monitoring services as prescribed; carrying out monitoring or testing using the methods not covered by the certificate of eligibility to provide environmental monitoring services as prescribed (except for the parameters not specified in legislative documents on environment);

b) Failure to provide sufficient equipment for field monitoring or environmental analysis which was previously provided on the date of issue of the certificate of eligibility to provide environmental monitoring services;

c) Implementing monitoring techniques against regulations on environmental monitoring techniques or requirements for requirements for accredited monitoring methods; failure to correctly and sufficiently implement regulations on environmental monitoring procedures and methods regulated by the Ministry of Natural Resources and Environment;

d) Failure to sufficiently store raw monitoring data for the entire monitoring services provided in the last 03 years or from the date on which the certificate is issued for the providers operating for less than 3 years.

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As regulations above, the act of changing location of environmental monitoring services in Vietnam without notifying a competent authority shall be fined from VND 10,000,000 to VND 30,000,000. The fine imposed upon organizations shall be from VND 20,000,000 to VND 60,000,000.

What are the fines for failure to maintain fulfillment of chemical-related conditions in service of environmental monitoring in Vietnam?

Pursuant to Clause 2 Article 17 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental monitoring services in Vietnam as follows:

1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for changing personnel, equipment or location of a business establishment without notifying a competent authority in writing as prescribed.

2. A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for failure to maintain fulfillment of chemical-related conditions (unavailability of chemicals or expired chemicals) in service of monitoring of parameters covered by the certificate of eligibility to provide environmental monitoring services.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following offences:

a) Failure to ensure a sufficient number of personnel (number of full-time officials responsible for field monitoring, number of full-time officials responsible for environmental analysis, laboratory manager, person responsible for quality assurance and control) for environmental monitoring of the parameters covered by the certificate of eligibility to provide environmental monitoring services;

b) Providing a monitoring result report that fails to contain ordinal numbers, symbols or sufficient information as prescribed.

4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following offences:

a) Performing activities not covered by the certificate of eligibility to provide environmental monitoring services; providing results of monitoring or testing of the parameters not covered by the certificate of eligibility to provide environmental monitoring services as prescribed; carrying out monitoring or testing using the methods not covered by the certificate of eligibility to provide environmental monitoring services as prescribed (except for the parameters not specified in legislative documents on environment);

b) Failure to provide sufficient equipment for field monitoring or environmental analysis which was previously provided on the date of issue of the certificate of eligibility to provide environmental monitoring services;

c) Implementing monitoring techniques against regulations on environmental monitoring techniques or requirements for requirements for accredited monitoring methods; failure to correctly and sufficiently implement regulations on environmental monitoring procedures and methods regulated by the Ministry of Natural Resources and Environment;

d) Failure to sufficiently store raw monitoring data for the entire monitoring services provided in the last 03 years or from the date on which the certificate is issued for the providers operating for less than 3 years.

................

As regulations above, the act of failure to maintain fulfillment of chemical-related conditions in service of environmental monitoring in Vietnam shall be fined from VND 30,000,000 to VND 60,000,000. The fine imposed upon organizations shall be from VND 60,000,000 to VND 120,000,000.

What are the fines for failure to ensure a sufficient number of personnel for environmental monitoring in Vietnam?

Pursuant to Clause 3.a Article 17 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental monitoring services in Vietnam as follows:

1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for changing personnel, equipment or location of a business establishment without notifying a competent authority in writing as prescribed.

2. A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for failure to maintain fulfillment of chemical-related conditions (unavailability of chemicals or expired chemicals) in service of monitoring of parameters covered by the certificate of eligibility to provide environmental monitoring services.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following offences:

a) Failure to ensure a sufficient number of personnel (number of full-time officials responsible for field monitoring, number of full-time officials responsible for environmental analysis, laboratory manager, person responsible for quality assurance and control) for environmental monitoring of the parameters covered by the certificate of eligibility to provide environmental monitoring services;

b) Providing a monitoring result report that fails to contain ordinal numbers, symbols or sufficient information as prescribed.

4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following offences:

a) Performing activities not covered by the certificate of eligibility to provide environmental monitoring services; providing results of monitoring or testing of the parameters not covered by the certificate of eligibility to provide environmental monitoring services as prescribed; carrying out monitoring or testing using the methods not covered by the certificate of eligibility to provide environmental monitoring services as prescribed (except for the parameters not specified in legislative documents on environment);

b) Failure to provide sufficient equipment for field monitoring or environmental analysis which was previously provided on the date of issue of the certificate of eligibility to provide environmental monitoring services;

c) Implementing monitoring techniques against regulations on environmental monitoring techniques or requirements for requirements for accredited monitoring methods; failure to correctly and sufficiently implement regulations on environmental monitoring procedures and methods regulated by the Ministry of Natural Resources and Environment;

d) Failure to sufficiently store raw monitoring data for the entire monitoring services provided in the last 03 years or from the date on which the certificate is issued for the providers operating for less than 3 years.

................

As regulations above, the act of failure to ensure a sufficient number of personnel for environmental monitoring in Vietnam shall be fined from VND 60,000,000 to VND 80,000,000. The fine imposed upon organizations shall be from VND 120,000,000 to VND 160,000,000.

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