What are the penalties for failure to notify the plan for trial operation of waste treatment work of the investment project in Vietnam?

What are the penalties for failure to notify the plan for trial operation of waste treatment work of the investment projects in Vietnam?

Pursuant to Point 1.a Article 12 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the district-level People's Committee or 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 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 plan for trial operation of waste treatment work/work item of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed upon an investment project or business establishment that fails to prepare or submit the report on result of trial operation of waste treatment work to the licensing authority as prescribed;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs (regarding parameters, location and frequency of surveillance) or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to immediately suspend the trial operation of the waste treatment work or failure to promptly notify the licensing authority or competent authority in case of causing an environmental emergency or environmental pollution.

What are the penalties for failure to check waste treatment works/equipment of the investment projects in Vietnam?

Pursuant to Point 1.b Article 12 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the district-level People's Committee or 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 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 plan for trial operation of waste treatment work/work item of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed upon an investment project or business establishment that fails to prepare or submit the report on result of trial operation of waste treatment work to the licensing authority as prescribed;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs (regarding parameters, location and frequency of surveillance) or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to immediately suspend the trial operation of the waste treatment work or failure to promptly notify the licensing authority or competent authority in case of causing an environmental emergency or environmental pollution.

What are the penalties imposed on investment projects in Vietnam for failure to prepare or submit the report on result of trial operation of waste treatment work?

Pursuant to Point 1.c Article 12 of the Decree 45/2022/NĐ-CP stipulating penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the district-level People's Committee or 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 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 plan for trial operation of waste treatment work/work item of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;

c) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed upon an investment project or business establishment that fails to prepare or submit the report on result of trial operation of waste treatment work to the licensing authority as prescribed;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs (regarding parameters, location and frequency of surveillance) or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to immediately suspend the trial operation of the waste treatment work or failure to promptly notify the licensing authority or competent authority in case of causing an environmental emergency or environmental pollution.

Best regards!