What are the fines for using means of transport used for carrying domestic solid waste in Vietnam that is not equipped with a tracking device?

What are the fines for using means of transport used for carrying domestic solid waste in Vietnam that is not equipped with a tracking device?

Pursuant to Clause 5.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:

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5. Penalties for offences against regulations on collection, transport or treatment of domestic solid waste are as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to provide professional training or personal protective equipment to workers in charge of collecting and transporting domestic solid waste; failure to notify the competent authority in case of refusal to collect or transport domestic solid waste of the household or individual that fails to classify domestic solid waste or use packaging in accordance with regulations; upon an authority, organization or business establishment which generates domestic solid waste for its failure to sign a collection, transport and treatment contract;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to transport solid domestic waste to the prescribed aggregation point, transfer station or location or treatment facility as prescribed; transporting solid domestic waste without following the routes or timing regulations prescribed by the provincial People’s Committee; failure to cooperate with the communal People's Committee, residential community or representative of residential community in determining time, location, frequency and route for domestic solid waste collection; failure to notify the provincial specialized environmental protection authority of date of closure of domestic solid waste landfill for supervision as prescribed; failure to notify the authority approving EIAR appraisal result of the actual condition of the domestic solid waste landfill as prescribed within 6 months from the date of closure of the domestic solid waste landfill as prescribed;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide adequate personnel, specialized vehicles and equipment for collecting and transporting all domestic solid waste at designated places; using means of transport used for carrying domestic solid waste that is not equipped with a tracking device or fails to provide transport information or data to the local competent authority;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using vehicles and equipment that fails to satisfy technical requirements for environmental protection as prescribed; dropping domestic solid waste, causing dust, odor or water leakage adversely affecting the environment during the collection and transport; failure to clean or deodorize means of transport used for carrying domestic solid waste before leaving the transfer station or treatment facility and after completing the collection and transportation of domestic solid waste;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste as prescribed; failure to provide vehicles or equipment for collection and storage of leachate at transfer stations as prescribed; upon a domestic solid waste transfer station that fails to satisfy one of the technical requirements for environmental protection as prescribed; upon a domestic solid waste aggregation point that fails to have any waste storage equipment as prescribed or fails to carry out cleaning or deodorization or have lights as prescribed;

e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have any safety sign/instruction at the domestic solid waste landfill after its closure; failure to compile dossiers and transfer premises to the competent authority after finishing pollution remediation and environmental improvement of the domestic solid waste landfill as prescribed; failure to re-make the topographical map of the domestic solid waste landfill as prescribed;

g) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to improve landscape, take measures to prevent pollution immediately after closure of the domestic solid waste landfill; failure to carry out monitoring or monitor environmental changes at the domestic solid waste landfill from the date on which the landfill closure is done and notify the provincial specialized environmental protection authority as prescribed;

6. Penalties for offences committed by an investment project owner, owner, urban area management board, apartment building or office building are as follows:

a) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure provide any equipment, vehicle or space for classifying at source, collecting an storing domestic waste as prescribed;

b) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for failure to collect waste from households and individuals as prescribed; failure to create an appropriate domestic solid waste aggregation point within the investment project as prescribed.

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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, the act of using means of transport used for carrying domestic solid waste in Vietnam, that is not equipped with a tracking device, shall be fined from VND 20,000,000 to VND 30,000,000. In addition, additional penalties and remedial measures shall also be imposed on the violator. The fine imposed upon organizations shall be twice as much as the fine for individuals.

What are the fines for dropping domestic solid waste during the collection and transport in Vietnam?

Pursuant to Clause 5.d 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:

............

5. Penalties for offences against regulations on collection, transport or treatment of domestic solid waste are as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to provide professional training or personal protective equipment to workers in charge of collecting and transporting domestic solid waste; failure to notify the competent authority in case of refusal to collect or transport domestic solid waste of the household or individual that fails to classify domestic solid waste or use packaging in accordance with regulations; upon an authority, organization or business establishment which generates domestic solid waste for its failure to sign a collection, transport and treatment contract;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to transport solid domestic waste to the prescribed aggregation point, transfer station or location or treatment facility as prescribed; transporting solid domestic waste without following the routes or timing regulations prescribed by the provincial People’s Committee; failure to cooperate with the communal People's Committee, residential community or representative of residential community in determining time, location, frequency and route for domestic solid waste collection; failure to notify the provincial specialized environmental protection authority of date of closure of domestic solid waste landfill for supervision as prescribed; failure to notify the authority approving EIAR appraisal result of the actual condition of the domestic solid waste landfill as prescribed within 6 months from the date of closure of the domestic solid waste landfill as prescribed;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide adequate personnel, specialized vehicles and equipment for collecting and transporting all domestic solid waste at designated places; using means of transport used for carrying domestic solid waste that is not equipped with a tracking device or fails to provide transport information or data to the local competent authority;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using vehicles and equipment that fails to satisfy technical requirements for environmental protection as prescribed; dropping domestic solid waste, causing dust, odor or water leakage adversely affecting the environment during the collection and transport; failure to clean or deodorize means of transport used for carrying domestic solid waste before leaving the transfer station or treatment facility and after completing the collection and transportation of domestic solid waste;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste as prescribed; failure to provide vehicles or equipment for collection and storage of leachate at transfer stations as prescribed; upon a domestic solid waste transfer station that fails to satisfy one of the technical requirements for environmental protection as prescribed; upon a domestic solid waste aggregation point that fails to have any waste storage equipment as prescribed or fails to carry out cleaning or deodorization or have lights as prescribed;

e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have any safety sign/instruction at the domestic solid waste landfill after its closure; failure to compile dossiers and transfer premises to the competent authority after finishing pollution remediation and environmental improvement of the domestic solid waste landfill as prescribed; failure to re-make the topographical map of the domestic solid waste landfill as prescribed;

g) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to improve landscape, take measures to prevent pollution immediately after closure of the domestic solid waste landfill; failure to carry out monitoring or monitor environmental changes at the domestic solid waste landfill from the date on which the landfill closure is done and notify the provincial specialized environmental protection authority as prescribed;

6. Penalties for offences committed by an investment project owner, owner, urban area management board, apartment building or office building are as follows:

a) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure provide any equipment, vehicle or space for classifying at source, collecting an storing domestic waste as prescribed;

b) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for failure to collect waste from households and individuals as prescribed; failure to create an appropriate domestic solid waste aggregation point within the investment project as prescribed.

..........

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, the act of dropping domestic solid waste during the collection and transport in Vietnam shall be fined from VND 30,000,000 to VND 40,000,000. In addition, additional penalties and remedial measures shall also be imposed on the violator. The fine imposed upon organizations shall be twice as much as the fine for individuals.

What are the fines for failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste in Vietnam?

Pursuant to Clause 5.dd 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:

............

5. Penalties for offences against regulations on collection, transport or treatment of domestic solid waste are as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to provide professional training or personal protective equipment to workers in charge of collecting and transporting domestic solid waste; failure to notify the competent authority in case of refusal to collect or transport domestic solid waste of the household or individual that fails to classify domestic solid waste or use packaging in accordance with regulations; upon an authority, organization or business establishment which generates domestic solid waste for its failure to sign a collection, transport and treatment contract;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to transport solid domestic waste to the prescribed aggregation point, transfer station or location or treatment facility as prescribed; transporting solid domestic waste without following the routes or timing regulations prescribed by the provincial People’s Committee; failure to cooperate with the communal People's Committee, residential community or representative of residential community in determining time, location, frequency and route for domestic solid waste collection; failure to notify the provincial specialized environmental protection authority of date of closure of domestic solid waste landfill for supervision as prescribed; failure to notify the authority approving EIAR appraisal result of the actual condition of the domestic solid waste landfill as prescribed within 6 months from the date of closure of the domestic solid waste landfill as prescribed;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide adequate personnel, specialized vehicles and equipment for collecting and transporting all domestic solid waste at designated places; using means of transport used for carrying domestic solid waste that is not equipped with a tracking device or fails to provide transport information or data to the local competent authority;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using vehicles and equipment that fails to satisfy technical requirements for environmental protection as prescribed; dropping domestic solid waste, causing dust, odor or water leakage adversely affecting the environment during the collection and transport; failure to clean or deodorize means of transport used for carrying domestic solid waste before leaving the transfer station or treatment facility and after completing the collection and transportation of domestic solid waste;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste as prescribed; failure to provide vehicles or equipment for collection and storage of leachate at transfer stations as prescribed; upon a domestic solid waste transfer station that fails to satisfy one of the technical requirements for environmental protection as prescribed; upon a domestic solid waste aggregation point that fails to have any waste storage equipment as prescribed or fails to carry out cleaning or deodorization or have lights as prescribed;

e) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have any safety sign/instruction at the domestic solid waste landfill after its closure; failure to compile dossiers and transfer premises to the competent authority after finishing pollution remediation and environmental improvement of the domestic solid waste landfill as prescribed; failure to re-make the topographical map of the domestic solid waste landfill as prescribed;

g) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to improve landscape, take measures to prevent pollution immediately after closure of the domestic solid waste landfill; failure to carry out monitoring or monitor environmental changes at the domestic solid waste landfill from the date on which the landfill closure is done and notify the provincial specialized environmental protection authority as prescribed;

6. Penalties for offences committed by an investment project owner, owner, urban area management board, apartment building or office building are as follows:

a) A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure provide any equipment, vehicle or space for classifying at source, collecting an storing domestic waste as prescribed;

b) A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for failure to collect waste from households and individuals as prescribed; failure to create an appropriate domestic solid waste aggregation point within the investment project as prescribed.

..........

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, the act of failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste in Vietnam shall be fined from VND 40,000,000 to VND 50,000,000. In addition, additional penalties and remedial measures shall also be imposed on the violator. The fine imposed upon organizations shall be twice as much as the fine for individuals.

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