What are the fines for failure to make a record on transfer of normal industrial solid waste for each transfer in Vietnam?

What are the fines for failure to make a record on transfer of normal industrial solid waste for each transfer in Vietnam?

Pursuant to Clause 4.a Article 26 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on classification, collection, transport, burial, dumping, burning and treatment of normal solid waste in Vietnam as follows:

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a household or individual that fails to classify domestic solid waste in accordance with regulations; fails to use packaging that contains domestic solid waste as prescribed.

2. Penalties for offences committed by an authority, organization or owner of a business establishment that generates normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste subject to mandatory treatment for each transfer as prescribed;

b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to classify normal industrial solid waste at source as prescribed; having equipment or instrument for containing normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; have a warehouse or area for storage of normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; failure to sign a contract with a unit licensed to collect, transport or treat normal industrial solid waste as prescribed;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to separately store classified normal industrial solid waste classify normal industrial solid waste as prescribed; failure to have equipment, instrument, warehouse or area for storage of normal industrial solid waste as prescribed;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for self-recycling, treating, co-processing or recovering energy from normal industrial solid waste without satisfying environmental protection requirements as prescribed.

3. Penalties for offences committed by an authority, organization, business establishment or investor in construction and commercial operation of a dedicated area for production, business and service provision or industrial cluster that generates at least 300 kg of domestic solid waste per day, except for the cases specified in clauses 1 and 2 of this Article are as follows:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to sign a contract with the unit licensed to collect, transport, re-use, recycle or treat waste as prescribed;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using means of transport used for carrying domestic solid waste that fails to satisfy technical requirements for environmental protection as prescribed.

4. Penalties for offences against regulations on collection or transport of normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste for each transfer or a series of transfer regarding a group of normal industrial solid waste as prescribed;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract for collection and transport of group of normal industrial solid waste subject to mandatory treatment with the waste generator as prescribed;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to use means of transport, equipment for storage, transfer stations or area for temporary storage of normal industrial solid waste in accordance with technical requirements for environmental protection requirements as prescribed; failure to transport normal industrial solid waste after classification as prescribed; having means of transport used for carrying normal industrial solid waste which fails to be equipped with a tracking device as prescribed; collecting or transporting normal industrial solid waste without following the route or timing regulations prescribed by the provincial People’s Committee.

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12. Additional penalties:

a) Suspending operation of the domestic solid waste treatment facility for 01 - 03 months in case of commission of the offences specified in point c clause 7, points l, m and n clause 8 and clause 9 of this Article;

b) Suspending operation of the domestic solid waste treatment facility for 03 - 06 months in case of commission of the offences specified in clause 10 of this Article;

c) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in points e, g, h, i, k, l, m and n clause 8, clause 9 and clause 10 of this Article.

13. Remedial measures:

a) Mandatory restoration to original state of environment or mandatory transfer of normal solid waste to the units having treatment functions in case of commission of the offences specified in clause 8 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 clauses 9 and 10 of 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 clauses 8, 9 and 10 of this Article.

As regulations above, an violator, who fails to make a record on transfer of normal industrial solid waste for each transfer in Vietnam, shall be fined from VND 3,000,000 to VND 5,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

What are the fines for failure to sign a contract for collection and transport of group of normal industrial solid waste in Vietnam?

Pursuant to Clause 4.b Article 26 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on classification, collection, transport, burial, dumping, burning and treatment of normal solid waste in Vietnam as follows:

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a household or individual that fails to classify domestic solid waste in accordance with regulations; fails to use packaging that contains domestic solid waste as prescribed.

2. Penalties for offences committed by an authority, organization or owner of a business establishment that generates normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste subject to mandatory treatment for each transfer as prescribed;

b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to classify normal industrial solid waste at source as prescribed; having equipment or instrument for containing normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; have a warehouse or area for storage of normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; failure to sign a contract with a unit licensed to collect, transport or treat normal industrial solid waste as prescribed;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to separately store classified normal industrial solid waste classify normal industrial solid waste as prescribed; failure to have equipment, instrument, warehouse or area for storage of normal industrial solid waste as prescribed;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for self-recycling, treating, co-processing or recovering energy from normal industrial solid waste without satisfying environmental protection requirements as prescribed.

3. Penalties for offences committed by an authority, organization, business establishment or investor in construction and commercial operation of a dedicated area for production, business and service provision or industrial cluster that generates at least 300 kg of domestic solid waste per day, except for the cases specified in clauses 1 and 2 of this Article are as follows:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to sign a contract with the unit licensed to collect, transport, re-use, recycle or treat waste as prescribed;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using means of transport used for carrying domestic solid waste that fails to satisfy technical requirements for environmental protection as prescribed.

4. Penalties for offences against regulations on collection or transport of normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste for each transfer or a series of transfer regarding a group of normal industrial solid waste as prescribed;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract for collection and transport of group of normal industrial solid waste subject to mandatory treatment with the waste generator as prescribed;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to use means of transport, equipment for storage, transfer stations or area for temporary storage of normal industrial solid waste in accordance with technical requirements for environmental protection requirements as prescribed; failure to transport normal industrial solid waste after classification as prescribed; having means of transport used for carrying normal industrial solid waste which fails to be equipped with a tracking device as prescribed; collecting or transporting normal industrial solid waste without following the route or timing regulations prescribed by the provincial People’s Committee.

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12. Additional penalties:

a) Suspending operation of the domestic solid waste treatment facility for 01 - 03 months in case of commission of the offences specified in point c clause 7, points l, m and n clause 8 and clause 9 of this Article;

b) Suspending operation of the domestic solid waste treatment facility for 03 - 06 months in case of commission of the offences specified in clause 10 of this Article;

c) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in points e, g, h, i, k, l, m and n clause 8, clause 9 and clause 10 of this Article.

13. Remedial measures:

a) Mandatory restoration to original state of environment or mandatory transfer of normal solid waste to the units having treatment functions in case of commission of the offences specified in clause 8 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 clauses 9 and 10 of 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 clauses 8, 9 and 10 of this Article.

As regulations above, an violator, who fails to sign a contract for collection and transport of group of normal industrial solid waste in Vietnam, shall be fined from VND 5,000,000 to VND 10,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

What are the fines for failure to use means of transport in accordance with technical requirements for environmental protection requirements in Vietnam?

Pursuant to Clause 4.c Article 26 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on classification, collection, transport, burial, dumping, burning and treatment of normal solid waste in Vietnam as follows:

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a household or individual that fails to classify domestic solid waste in accordance with regulations; fails to use packaging that contains domestic solid waste as prescribed.

2. Penalties for offences committed by an authority, organization or owner of a business establishment that generates normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste subject to mandatory treatment for each transfer as prescribed;

b) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to classify normal industrial solid waste at source as prescribed; having equipment or instrument for containing normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; have a warehouse or area for storage of normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; failure to sign a contract with a unit licensed to collect, transport or treat normal industrial solid waste as prescribed;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to separately store classified normal industrial solid waste classify normal industrial solid waste as prescribed; failure to have equipment, instrument, warehouse or area for storage of normal industrial solid waste as prescribed;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for self-recycling, treating, co-processing or recovering energy from normal industrial solid waste without satisfying environmental protection requirements as prescribed.

3. Penalties for offences committed by an authority, organization, business establishment or investor in construction and commercial operation of a dedicated area for production, business and service provision or industrial cluster that generates at least 300 kg of domestic solid waste per day, except for the cases specified in clauses 1 and 2 of this Article are as follows:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to sign a contract with the unit licensed to collect, transport, re-use, recycle or treat waste as prescribed;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using means of transport used for carrying domestic solid waste that fails to satisfy technical requirements for environmental protection as prescribed.

4. Penalties for offences against regulations on collection or transport of normal industrial solid waste are as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste for each transfer or a series of transfer regarding a group of normal industrial solid waste as prescribed;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract for collection and transport of group of normal industrial solid waste subject to mandatory treatment with the waste generator as prescribed;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to use means of transport, equipment for storage, transfer stations or area for temporary storage of normal industrial solid waste in accordance with technical requirements for environmental protection requirements as prescribed; failure to transport normal industrial solid waste after classification as prescribed; having means of transport used for carrying normal industrial solid waste which fails to be equipped with a tracking device as prescribed; collecting or transporting normal industrial solid waste without following the route or timing regulations prescribed by the provincial People’s Committee.

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12. Additional penalties:

a) Suspending operation of the domestic solid waste treatment facility for 01 - 03 months in case of commission of the offences specified in point c clause 7, points l, m and n clause 8 and clause 9 of this Article;

b) Suspending operation of the domestic solid waste treatment facility for 03 - 06 months in case of commission of the offences specified in clause 10 of this Article;

c) Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in points e, g, h, i, k, l, m and n clause 8, clause 9 and clause 10 of this Article.

13. Remedial measures:

a) Mandatory restoration to original state of environment or mandatory transfer of normal solid waste to the units having treatment functions in case of commission of the offences specified in clause 8 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 clauses 9 and 10 of 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 clauses 8, 9 and 10 of this Article.

As regulations above, an violator, who fails to use means of transport in accordance with technical requirements for environmental protection requirements in Vietnam, shall be fined from VND 30,000,000 to VND 40,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

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