What are the fines for offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment in Vietnam?
What are the fines for offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment in Vietnam? What are remedial mesures for offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment in Vietnam?
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What are the fines for offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment in Vietnam?
Pursuant to Article 20 of the Decree 45/2022/NĐ-CP (takes effect from 25/08/2022) stipulating as follows:
1. The following penalties shall be imposed if foul-smelling substances are discharged into the environment; if the total dust emission rate or total emission discharge rate is under 1.1 times higher than permissible limit prescribed in technical regulation on waste (in excess of the permissible limit prescribed in technical regulation by less than 10%):
a) A warning shall be issued if foul-smelling substances are discharged into the environment; if the total dust emission rate or total emission discharge rate is under 1.1 times higher than permissible limit prescribed in technical regulation on waste (in excess of the permissible limit prescribed in technical regulation by less than 10%);
b) A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for discharging foul-smelling substances into the environment if the offence is repeated or committed multiple times.
2. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.1 times to under 1.5 times higher than permissible limit prescribed in technical regulation on waste or is under 1.1 times higher than permissible limit prescribed in technical regulation on waste if the offence is repeated or committed multiple times:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g) A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h) A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o) A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p) A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q) A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r) A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s) A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t) A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
t) A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu) A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v) A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
3. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.5 times to under 02 times higher than permissible limit prescribed in technical regulation on waste:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e) A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g) A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m) A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o) A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p) A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q) A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r) A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s) A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t) A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u) A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu) A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v) A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
4. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 02 times to under 03 times higher than permissible limit prescribed in technical regulation on waste:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd) A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e) A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l) A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m) A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o) A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p) A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q) A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r) A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s) A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t) A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u) A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu) A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v) A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
5. The following penalties shall be imposed if the total volume of wastewater discharged is at least 03 times higher than permissible limit prescribed in technical regulation on waste, except for environmental crimes:
a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d) A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd) A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k) A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l) A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m) A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n) A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o) A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p) A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q) A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r) A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s) A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t) A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u) A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu) A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v) A fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
6. Fines shall be 10% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.1 to under 1.5 times higher than the permissible limit prescribed in the technical regulation; 20% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.5 to under 02 times higher than the permissible limit prescribed in the technical regulation; 30% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 02 to under 03 times higher than the permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is at least 03 times higher than the permissible limit prescribed in the technical regulation. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
7. Additional penalties:
a) Suspending operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in points i, k, l, m, n, o, p, q, r and s clause 2, points h, i, k, l, m, n, o, p, q and r clause 3, and points g, h, i, k, l, m, n, o, p and q clause 4 and points e, g, h, i, k, l, m, n, o and p clause 5 of this Article;
b) Suspending the environmental license of the environmental license holder for 06 - 12 months in case of commission of the offences specified in points t, u, uu and v clause 2, points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and points q, r, s, t, u, uu and v clause 5 of this Article;
c) Suspending the environmental license of the establishment other than that specified in point b of this clause for 06 - 12 months in case of commission of the offences specified in points t, u, uu and v clause 2, points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and points q, r, s, t, u, uu and v clause 5 of this Article.
What are remedial mesures for offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment in Vietnam?
Pursuant to Clause 8 Article 20 of the Decree 45/2022/NĐ-CP (takes effect from 25/08/2022) stipulating as follows:
a) 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;
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.
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