What are the fines for transferring normal solid waste to units which have no functions of waste treatment in Vietnam?

What are the fines for transferring normal solid waste to units which have no functions of waste treatment in Vietnam?

Pursuant to Clause 8, 12 and 13, 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 as follows:

8. Penalties for transferring, giving or selling normal solid waste to units which have no functions or capabilities of waste treatment as regulated; burying, dumping, discharging and burning of normal solid waste in contravention of regulations on environmental protection, except for environmental crimes; receiving normal solid waste but failing to implement any treatment method or failing to transfer it to units having the functions of waste treatment as regulated are as follows:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning less than 1,000 kg of normal solid waste;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 1,000 kg to less than 2,000 kg of normal solid waste;

c) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 2,000 kg to less than 3,000 kg of normal solid waste;

d) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 3,000 kg to less than 4,000 kg of normal solid waste;

dd) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 4,000 kg to less than 5,000 kg of normal solid waste;

e) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 5,000 kg to less than 10,000 kg of normal solid waste;

g) A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 10,000 kg to less than 20,000 kg of normal solid waste;

h) A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 20,000 kg to less than 30,000 kg of normal solid waste;

i) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 30,000 kg to less than 40,000 kg of normal solid waste;

k) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 40,000 kg to less than 60,000 kg of normal solid waste;

l) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 60,000 kg to less than 80,000 kg of normal solid waste, except for environmental crimes;

m) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 80,000 kg to less than 100,000 kg of normal solid waste, except for environmental crimes;

n) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning at least 100,000 kg of normal solid waste.

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.

Pursuant to Clause 2, Article 6 of the Decree 45/2022/NĐ-CP stipulating fines and power to impose penalties as follows:

2. Fines for administrative offences prescribed in Chapter II herein are the ones for the administrative offences committed by individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same offence.

As regulations above, if you transfer normal solid waste to units which have no functions of waste treatment, you shall be fined from VND 4,000,000 to VND 500,000,000 (based on the amount of waste).

Is it ncessary to classify normal industrial solid waste before transferring in Vietnam?

Pursuant to Clause 1 and 5, Article 81 of the Law on Environmental Protection in 2020 stipulating classification, storage and transport of normal industrial solid waste as follows:

1. Normal industrial solid waste (“NISW”) shall be classified into the following groups:

a) NISW reused and recycled as production materials;

b) NISW in compliance with standards, technical regulations and technical guidance used in production of building materials and leveling;

c) NISW subject to treatment.

5. NISW must be transported in accordance with the following requirements:

a) NISW must be contained in equipment and tools to avoid leakage during transport, except for the case where the waste in large quantity must be contained in equipment or tank of the transport vehicle;

b) Classified NISW must be transported separately prescribed;

c) The vehicle used for transporting NISW subject to treatment must have a GPS tracking device meeting technical requirements and comply with regulations on routes and time of operation adopted by the provincial People's Committee.

When transferring NISW, those waste must be classified into 3 groups in accordance with the above regulations.

What are responsibilities of owners of normal industrial solid waste (NISW) treatment service provider in Vietnam?

Pursuant to Clause 3, Article 82 of the Law on Environmental Protection in 2020 stipulating responsibilities of owners of normal industrial solid waste (NISW) treatment service provider in Vietnam as follows:

a) Ensure that systems, vehicles and equipment in service of storage and treatment of NISW, including preliminary processing, reuse, recycling, co-processing, treatment of and recovery of energy from NISW in accordance with technical requirements and management process as prescribed;

b) If the provider produces hazardous waste, responsibilities of the hazardous waste source owner shall be assumed;

c) Submit periodic or ad hoc reports on NISW generation and treatment at the request of the competent authority;

d) make a record on transfer of NISW subject to treatment for each transfer; prepare a logbook recording operation of systems, vehicles and equipment in service of NISW treatment including preliminary processing, reuse, recycling, co-processing and recovery of energy from NISW; a logbook recording quantity of products recycled or recovered from NISW (if any).

Above are responsibilities of owners of normal industrial solid waste (NISW) treatment service provider in Vietnam.

Best regards!