What are the penalties for failure to build or install waste treatment works according to the environmental license in Vietnam?

What are the penalties for failure to build or install waste treatment works according to the environmental license in Vietnam?

Pursuant to Point 1.g Article 11 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on the environmental license under the licensing authority of the district-level People's Committee or environmental license under the licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the district-level People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree in Vietnam as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to disclose the environmental license as prescribed;

c) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the environmental license, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;

d) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;

dd) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for including inaccurate or untruthful information about the completion of environmental protection works and measures in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;

e) A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;

g) A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;

h) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to build or install environmental protection works in accordance with regulations.

What are the penalties for failure to build or install environmental protection works in Vietnam?

Pursuant to Point 1.h Article 11 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on the environmental license under the licensing authority of the district-level People's Committee or environmental license under the licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the district-level People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree in Vietnam as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to disclose the environmental license as prescribed;

c) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the environmental license, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;

d) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;

dd) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for including inaccurate or untruthful information about the completion of environmental protection works and measures in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;

e) A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;

g) A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;

h) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to build or install environmental protection works in accordance with regulations.

What are the penalties for failure to notify the licensing authority for consideration and processing in case of any change to the issued environmental license in Vietnam?

Pursuant to Point 2.a Article 11 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on the environmental license under the licensing authority of the provincial People's Committee or environmental license under the licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the provincial People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree in Vietnam as follows:

a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to disclose the environmental license as prescribed;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;

d) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;

dd) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for including inaccurate or untruthful information about the completion of environmental protection works and measures in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;

e) A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;

g) A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;

h) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to build or install environmental protection works in accordance with regulations.

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