What are the fines imposed upon an investor in construction of an urban area in Vietnam for failure to have a synchronous system for collecting and treating wastewater?

What are the fines imposed upon an investor in construction of an urban area in Vietnam for failure to have a synchronous system for collecting and treating wastewater?

Pursuant to Clause 6.b Article 25 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental protection in public areas, urban areas and residential areas; transport of raw materials, materials and goods causing environmental pollution in Vietnam as follows:

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3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for transporting raw materials or materials when they are not protected by covers or casings or if they leak into the environment whilst running on roads.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to use specialized equipment or means of transport to ensure that raw materials or materials cannot leak into the environment during the transportation.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences against regulations on management of parks, recreational areas, festivals, tourism areas, markets, train stations, bus stations, wharves, ports, ferries and other public areas:

a) Failure to have sufficient public conveniences, facilities and equipment for collecting waste in order to meet demand on keeping environmental hygiene as regulated;

b) Failure to collect waste within the scope of management as prescribed;

c) Failure to assign personnel to collect waste or clean the environment in places under their management; failure to have personnel or teams in charge of environmental protection for supervision and inspection purposes;

6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed upon an investor in construction of an urban area or high density residential area for any of the following offences against environmental protection:

a) Failure to separate rainwater drainage network from wastewater drainage network; failure to have public conveniences satisfying environmental protection requirements;

b) Failure to have a synchronous system for collecting and treating wastewater in accordance with the approved planning;

c) Failure to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste in conformity with the quantity and type of waste generated from households or individuals in the high density residential area;

d) Failure to maintain an adequate ratio of green space, water surface space or open space in the urban area or high density residential area as prescribed.

7. Remedial measures:

a) Mandatory restoration to original condition; in case of causing environmental pollution, mandatory application of remedial measures against environmental pollution caused by the administrative offences specified in points c and d clause 2, clause 3 and clause 4 of this Article;

b) Mandatory construction or installation of an environmental protection work within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points a, b and c clause 6 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 5 and 6 of this Article.

As regulations above, an investor, who fails to have a synchronous system for collecting and treating wastewater in accordance with the approved planning of construction of an urban area in Vietnam, shall be fined from VND 200,000,000 to VND 250,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

What are the fines imposed upon an investor in construction of an urban area in Vietnam for failure to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste?

Pursuant to Clause 6.c Article 25 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental protection in public areas, urban areas and residential areas; transport of raw materials, materials and goods causing environmental pollution in Vietnam as follows:

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3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for transporting raw materials or materials when they are not protected by covers or casings or if they leak into the environment whilst running on roads.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to use specialized equipment or means of transport to ensure that raw materials or materials cannot leak into the environment during the transportation.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences against regulations on management of parks, recreational areas, festivals, tourism areas, markets, train stations, bus stations, wharves, ports, ferries and other public areas:

a) Failure to have sufficient public conveniences, facilities and equipment for collecting waste in order to meet demand on keeping environmental hygiene as regulated;

b) Failure to collect waste within the scope of management as prescribed;

c) Failure to assign personnel to collect waste or clean the environment in places under their management; failure to have personnel or teams in charge of environmental protection for supervision and inspection purposes;

6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed upon an investor in construction of an urban area or high density residential area for any of the following offences against environmental protection:

a) Failure to separate rainwater drainage network from wastewater drainage network; failure to have public conveniences satisfying environmental protection requirements;

b) Failure to have a synchronous system for collecting and treating wastewater in accordance with the approved planning;

c) Failure to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste in conformity with the quantity and type of waste generated from households or individuals in the high density residential area;

d) Failure to maintain an adequate ratio of green space, water surface space or open space in the urban area or high density residential area as prescribed.

7. Remedial measures:

a) Mandatory restoration to original condition; in case of causing environmental pollution, mandatory application of remedial measures against environmental pollution caused by the administrative offences specified in points c and d clause 2, clause 3 and clause 4 of this Article;

b) Mandatory construction or installation of an environmental protection work within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points a, b and c clause 6 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 5 and 6 of this Article.

As regulations above, an investor, who fails to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste in Vietnam, shall be fined from VND 200,000,000 to VND 250,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

What are the fines imposed upon an investor in construction of an urban area in Vietnam for failure to maintain an adequate ratio of green space, water surface space or open space?

Pursuant to Clause 6.d Article 25 of the Decree 45/2022/NĐ-CP stipulating offences against regulations on environmental protection in public areas, urban areas and residential areas; transport of raw materials, materials and goods causing environmental pollution in Vietnam as follows:

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3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for transporting raw materials or materials when they are not protected by covers or casings or if they leak into the environment whilst running on roads.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to use specialized equipment or means of transport to ensure that raw materials or materials cannot leak into the environment during the transportation.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences against regulations on management of parks, recreational areas, festivals, tourism areas, markets, train stations, bus stations, wharves, ports, ferries and other public areas:

a) Failure to have sufficient public conveniences, facilities and equipment for collecting waste in order to meet demand on keeping environmental hygiene as regulated;

b) Failure to collect waste within the scope of management as prescribed;

c) Failure to assign personnel to collect waste or clean the environment in places under their management; failure to have personnel or teams in charge of environmental protection for supervision and inspection purposes;

6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed upon an investor in construction of an urban area or high density residential area for any of the following offences against environmental protection:

a) Failure to separate rainwater drainage network from wastewater drainage network; failure to have public conveniences satisfying environmental protection requirements;

b) Failure to have a synchronous system for collecting and treating wastewater in accordance with the approved planning;

c) Failure to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste in conformity with the quantity and type of waste generated from households or individuals in the high density residential area;

d) Failure to maintain an adequate ratio of green space, water surface space or open space in the urban area or high density residential area as prescribed.

7. Remedial measures:

a) Mandatory restoration to original condition; in case of causing environmental pollution, mandatory application of remedial measures against environmental pollution caused by the administrative offences specified in points c and d clause 2, clause 3 and clause 4 of this Article;

b) Mandatory construction or installation of an environmental protection work within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points a, b and c clause 6 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 5 and 6 of this Article.

As regulations above, an investor, who fails to maintain an adequate ratio of green space, water surface space or open space in Vietnam, shall be fined from VND 200,000,000 to VND 250,000,000. The fine imposed upon organizations shall be twice as much as the fine for individuals. In addition, the violators shall also be imposed additional penalties and remedial measures.

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