What are the fines for livestock farming causing pollution in a residential area for a long time in Vietnam?

What are the fines for livestock farming causing pollution in a residential area for a long time in Vietnam?

Pursuant to Article 24 of the Decree 45/2022/NĐ-CP stipulating acts of causing soil, water and/or air pollution; causing long-lasting environmental pollution as follows:

1. A fine ranging from VND 40,000,000 to VND 50,000,000 imposed for leakage or discharge of toxic chemicals into soil or water in contravention of the regulations on environmental protection.

2. Penalties for discharging pathogenic sources into the environment shall be imposed under regulations of law on imposition of penalties for administrative offences in medical sector.

3. Penalties for acts of causing soil or water pollution (including either groundwater or surface water inside or outside a business establishment) or the air pollution at a level in excess of the permissible limit prescribed in the technical regulation on soil, water or ambient air:

a) A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed if the content of soil, water or air pollutant (environmental parameter) is under 03 times (if it is a hazardous environmental parameter) or under 05 times (if it is a conventional environmental parameter) higher than the permissible limit prescribed in relevant technical regulation;

b) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the content of soil, water or air pollutant (environmental parameter) is 03 times to under 05 times (if it is a hazardous environmental parameter) or 05 times to under 10 times (if it is a conventional environmental parameter) higher than the permissible limit prescribed in relevant technical regulation;

c) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed if the content of soil, water or air pollutant (environmental parameter) is at least 05 times (if it is a hazardous environmental parameter) or at least 10 times (if it is a conventional environmental parameter) higher than the permissible limit prescribed in relevant technical regulation.

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As regulations above, the fines for livestock farming causing pollution in a residential area for a long time in Vietnam shall be from VND 40,000,000 to VND 50,000,000.

Does the Chairman of the People's Committee at the district level in Vietnam have the authority to handle administrative violations in the case of livestock farming causing pollution in a residential area for a long time?

Pursuant to Article 56 of the Decree 45/2022/NĐ-CP stipulating power to impose penalties for administrative offences of Chairpersons of People’s Committees at all levels as follows:

1. Chairpersons of communal People’s Committees have the power to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 10,000,000;

d) enforce the remedial measures mentioned in points a, b, c and dd clause 3 Article 4 of this Decree.

2. Chairpersons of district-level People’s Committees have the power to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, b, c, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

3. Chairpersons of provincial People’s Committees have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

In the case of livestock farming causing pollution in a residential area for a long time, the fine is from 40 million to 50 million VND. Therefore, the Chairman of the People's Committee at the district level has the authority to handle administrative violations in this case.

According to the law in Vietnam, what is environmental pollution?

Pursuant to Clause 12 Article 3 of the Law on Environmental Pollution in 2010 stipulating as follows:

12. “environmental pollution” means any change in the physical, chemical or biological properties of an environmental component in breach of a technical regulation on environment or environmental standard resulting in adverse impacts on humans, creatures and nature.

Above are regulations on environmental pollution according to the law in Vietnam.

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