Fines for offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies in Vietnam

Fines for offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies in Vietnam (Internet image)

Measures to prevent and overcome the consequences of waste incidents in Vietnam

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Penalties for offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies in Vietnam

Pursuant to Article 40 of Decree 45/2022/ND-CP on fines for offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies in Vietnam:

- Offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies are as follows:

+ A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for failure to formulate a waste-related emergency prevention and response plan or failure to formulate a plan for environmental protection after waste-related emergency;

+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to publicize the waste-related emergency prevention and response plan; failure to notify the communal People’s Committee and district-level Steering Committee for Natural Disaster Management and Search and Rescue in the event of a waste-related emergency;

+ A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to deploy on-the-spot forces; failure to develop a plan to provide training in waste-related emergencies for on-site forces; failure to organize waste-related emergency response drills;

+ A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to build or install works or equipment for waste-related emergency response; failure to on-the-spot forces; failure to provide supplies or equipment for response to waste-related emergencies according to the waste-related emergency response plan;

+ A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to comply with or improperly complying with the orders to mobilize forces, equipment and vehicles for response to waste-related emergencies issued by the competent authority or competent person;

+ A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for failure to correctly comply or install works or equipment for waste-related emergency response; failure to suspend production activities upon occurrence of a waste-related emergency, failure to take measures within their jurisdiction to promptly respond to waste-related emergencies;

+ A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for committing the offences specified in clause 2 of this Article without carrying out environmental remediation or carrying out environmental remediation without satisfying the environmental technical regulation on quality of surrounding environment or satisfying regulations of law on biodiversity, forestry and fisheries;

+ A fine ranging from VND 250,000,000 to VND 350,000,000 shall be imposed for failure to pay costs of organizing waste-related emergency response or costs of environmental remediation to the State if the State assumes responsibility for responding to the waste-related emergency and remediating the environment after the emergency or failure to compensate for damage caused by the waste-related emergency in accordance with regulations, except for environmental crimes.

- Penalties for causing waste-related emergencies are as follows:

+ A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for causing a waste-related emergency at grassroots level, except for environmental crimes;

+ A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for causing a district-level waste-related emergency, except for environmental crimes;

+ A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for causing a provincial waste-related emergency, except for environmental crimes;

+ A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for causing a national waste-related emergency, except for environmental crimes.

In addition, according to Clause 3, Article 40 of Decree 45/2022/ND-CP, additional sanctions for violations against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies, include:

- Suspending the operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in clause 2 of Article 40 of Decree 45/2022/ND-CP;

- Suspending the operation of the business establishment for 06 - 09 months in case of commission of the offences specified in point g clause 1 of Article 40 of Decree 45/2022/ND-CP.

In addition, according to  Clause 4, Article 40 of Decree 45/2022/ND-CP, remedial measures for violations against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies, include:

- Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences or waste-related emergency within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in point g clause 1 of Article 40 of Decree 45/2022/ND-CP;

- Mandatory payment of costs of organizing waste-related emergency response and costs of environmental remediation in case of commission of the offences specified in point h clause 1 of Article 40 of Decree 45/2022/ND-CP.

Thus, the fine for violations of regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies can be up to 500,000,000 VND for individuals and 1000,000,000 VND for organizations. When falling into the cases specified in Clauses 3 and 4, Article 40 of Decree 45/2022/ND-CP, the possibility of violation will force the implementation of additional penalties or corresponding remedial measures.

Nguyen Pham Nhut Tan

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