Vietnam: Penalties for violations of wastewater discharge into water sources

Answer:

According to Article 20 of Decree No. 33/2017/NĐ-CP dated April 03, 2017 of Vietnam’s Government on penalties for administrative violations against regulations on water and mineral resources, penalties for violations against regulations in license to discharge wastewater into water bodies are as follows:

1. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following violations:

a) Failure to submit reports on discharge of wastewater into water bodies to competent authorities as regulated by law;

b) Failure to timely submit report to the licensing authority and local regulatory authority on the water pollution caused by discharge of wastewater.

2. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Failure to discharge wastewater at the locations/coordinates prescribed in the license;

b) Failure to discharge wastewater into water bodies according to the methods prescribed in the license.

3. A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for any of the following violations:

a) Failure to comply with design of wastewater collection system as specified in the license;

b) Failure to properly operate the wastewater treatment system according to operating procedure specified in the license;

c) Failure to prepare human resource and necessary equipment and means to cope with the water pollution incidents;

d) Giving permission to other entities to discharge wastewater into the wastewater collection and treatment system invested and managed by the license holder inconsistently with regulations in the license.

4. If the discharged wastewater volume exceeds the licensed one, fines imposed for exceeding volumes shall be the same as fines for corresponding violations prescribed in Clauses 1, 2, 3, 4, 5, 6, 7 and 8 Article 19 herein.

5. Fines for discharge of wastewater containing pollutants with concentration in excess of the licensed one into water bodies shall be governed by regulations on penalties for administrative violations against regulations on environmental protection.

6. Additional penalties:

Suspend the license to discharge wastewater into water bodies for 03 - 06 months if any of the violations prescribed in Clauses 2, 3, 4 and 5 of this Article is committed.

7. Remedial measures:

Enforced implementation of remedial measures to combat the pollution, degradation and/or depletion of water resources if any of violations prescribed in this Article is committed resulting in the pollution and/or degradation of water quality and quantity.

Source: Ha Noi Moi

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