What are the penalties for failure to issue a notification of completion of environmental protection work in Vietnam?

What are the penalties for failure to issue a notification of completion of environmental protection work in Vietnam?

Pursuant to Clause 1.a Article 10 of the Decree 45/2022/NĐ-CP stipulating 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 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.

What are the fines for failure to disclose the EIAR for which the appraisal result in Vietnam?

Pursuant to Clause 1.b Article 10 of the Decree 45/2022/NĐ-CP stipulating 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 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.

What are the fines for failure to adjust or supplement the investment project and EIAR in Vietnam?

Pursuant to Clause 1.c Article 10 of the Decree 45/2022/NĐ-CP stipulating 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 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.

Best regards!