What are the fines for offences against regulations on environmental registration in Vietnam?

What are the fines for offences against regulations on environmental registration in Vietnam?

Pursuant to Article 9 of the Decree 45/2022/NĐ-CP stipulating as follows:

Offences against regulations on environmental registration

1. Penalties for offences against regulations on environmental registration for an investment project or business establishment not required to prepare an EIAR are as follows:

a) A warning or fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

2. Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the provincial People’s Committee or not subject to approval by the Ministry of National Defense or Ministry of Public and satisfying the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the provincial People’s Committee are as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

3. Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the Ministry of Natural Resources and Environment or subject to approval by the Ministry of National Defense or Ministry of Public, for an investment project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the Ministry of Natural Resources and Environment are as follows:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

What are the fines for offences against regulations on environmental impact assessment in Vietnam?

Pursuant to Article 10 of the Decree 45/2022/NĐ-CP stipulating as follows:

Offences against regulations on environmental impact assessment

1. Penalties for offences against regulations on compliance with the decision on approval for result of appraisal of EIAR subject to approval by the provincial People’s Committee or compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of National Defense or Ministry of Public Security for a project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the provincial People’s Committee are as follows:

a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to issue a notification of completion of environmental protection work as prescribed to the authority approving the EIAR appraisal result before putting the project into official operation in case where the investment project is not required to obtain the environmental license;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to disclose the EIAR for which the appraisal result has been approved as prescribed;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to adjust or supplement the investment project and EIAR to make them conformable with the environmental protection contents and requirements specified in the decision on approval for EIAR appraisal result;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response and regulations specified in points dd, e and g of this clause;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to implement the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, except for the cases specified in points e and g of this clause;

e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to notify the competent authority as prescribed for consideration and approval during the process of issuing the environmental license for the investment project required to obtain the environmental license in case of any change specified in point b clause 4 Article 37 of the Law on Environmental Protection;

g) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install or improperly building or installing waste treatment works, works or measures for minimizing noise and vibration and control of light and thermal radiation as prescribed during the construction and execution of the project resulting in generation of waste, noise, vibration, light or thermal radiation.

2. Penalties for offences against regulations on compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of Natural Resources and Environment or compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of National Defense or Ministry of Public Security for a project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the Ministry of Natural Resources and Environment are as follows:

a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to issue a notification of completion of environmental protection work as prescribed to the authority approving the EIAR appraisal result before putting the project into official operation in case where the investment project is not required to obtain the environmental license;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to disclose the EIAR for which the appraisal result has been approved as prescribed;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to adjust or supplement the investment project and EIAR to make them conformable with the environmental protection contents and requirements specified in the decision on approval for EIAR appraisal result;

d) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response and regulations specified in points dd, e and g of this clause;

dd) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to implement the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, except for the cases specified in points e and g of this clause;

e) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to notify the competent authority as prescribed for consideration and approval during the process of issuing the environmental license for the investment project required to obtain the environmental license in case of any change specified in point b clause 4 Article 37 of the Law on Environmental Protection;

g) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install or improperly building or installing waste treatment works, works or measures for minimizing noise and vibration and control of light and thermal radiation as prescribed during the construction and execution of the project resulting in generation of waste, noise, vibration, light or thermal radiation.

3. Additional penalties:

a) Suspending the construction activities which results in discharge of waste for 01 - 03 months as a remedy for the offences specified in point g clause 1 of this Article;

b) Suspending the construction activities which results in discharge of waste for 03 - 06 months as a remedy for the offences specified in point g clause 2 of this Article.

4. Remedial measures:

a) Mandatory disclosure of the EIAR for which the appraisal result has been approved as prescribed in case of commission of the offences specified in point b clause 1, point b clause 2 of this Article;

b) Mandatory demolition of the works or equipment built or installed against regulations on environmental protection for discharge of untreated waste to the environment in case of commission of the offences specified in point g clause 1, point g clause 2 of this Article;

c) Mandatory disgorgement of illegal gain from the acts of building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failing to operate or regularly operating or improperly operating waste treatment works; failing to build or install or improperly building or installing waste treatment works as prescribed in point g clause 1; point g clause 2 of this Article.

Best regards!