Fines for offences against regulations on oil spill response in Vietnam

Fines for offences against regulations on oil spill response in Vietnam (Internet image)

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Fines for offences against regulations on oil spill response in Vietnam

Pursuant to Article 39 of Decree 45/2022/ND-CP on fines for offences against regulations on oil spill response in Vietnam:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:

+ Causing an oil spill or failing to promptly report to the competent authority in charge of receiving oil spill-related information upon the detection of an oil spill as prescribed;

+ Failing to update or supplement the oil spill response plan as prescribed;

+ Failing to notify the oil spill response plan approved by the competent authority to relevant authorities, units and localities for cooperation in implementation.

-  A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for any of the following offences:

+ Failure to organize training courses or assign officials or employees in charge of responding to oil spills to attend training courses to improve their skills in oil spill response;

+ Failing to organize training practice in oil spill response as prescribed.

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to promptly report to the competent authority for assistance in cases where the oil spill is beyond its capacity or local resources as prescribed.

- Penalties for offences involving petrol and oil production and trading activities that have risk of causing oil spills on land at a less severe level are as follows:

+ A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;

+ A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;

+ A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to have the oil spill response plan approved by the district-level People’s Committee or the supervisory authority as prescribed;

+ A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.

- Penalties for offences related to the operation of general petroleum depots and petroleum depots with a total reserve of 50,000 m3 or more and petroleum ports capable of receiving ships with a tonnage greater than or equal to 50,000 DWT are as follows:

+ A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;

+ A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;

+ A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil spill response plan approved by the National Committee for Search and Rescue as prescribed;

+ A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.

- Penalties for offences related to the operation of local ports, general petroleum depots and petroleum depots with a total reserve of less than 50,000 m3 or more and petroleum ports capable of receiving ships with a tonnage less than 50,000 DWT are as follows:

+ A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;

+ A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;

+ A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil spill response plan approved by the provincial People’s Committee as prescribed;

+ A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.

- Penalties for offences involving activities of investors in ports, owners of establishments and owners of projects posing the risk of causing oil spills are as follows:

+ A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;

+ A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities; failure to closely monitor activities with high risk of oil spills occurring within their remit in order to promptly implement appropriate response measures; failure to fully conform to the requirements and instructions of competent authorities for prevention or minimization of damage caused by oil pollution as quickly as possible;

+ A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil spill response plan approved by the provincial People’s Committee as prescribed; failure to again formulate the oil spill response plan for submission to the competent authority for approval as prescribed;

+ A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.

- Penalties for offences involving offshore petroleum activities posing the risk of causing oil spills are as follows:

+ A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to notify the oil spill response plan approved by the provincial People’s Committee to the provinces at risk of being affected by the oil spill that may occur at facilities or projects;

+ A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;

+ A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;

+ A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil spill response plan approved by the National Committee for Search and Rescue as prescribed;

+ A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.

- Penalties for offences involving oil tanker operations posing the risk of causing oil spills are as follows:

+ A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for failure to notify the plan for oil transshipment between ships at sea so as for the competent authority to carry out supervision and take appropriate response measures in the event of an oil spill as prescribed;

+ A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failure to have the oil pollution response plan approved by a competent authority of the Ministry of Transport, applicable to oil tankers flying the flag of Vietnam, each of which has total tonnage of 150 GT or more and other ships other than oil tankers, each of which has total tonnage of 400 GT or more;

+ A fine ranging from VND 35,000,000 to VND 45,000,000 shall be imposed for failure to have the oil pollution response plan approved by a competent authority of the Ministry of Transport, applicable to oil tankers flying the flag of Vietnam, each of which has total tonnage of 150 GT or more, engaged in the transshipment of oil between ships at sea;

+ A fine ranging from VND 45,000,000 to VND 55,000,000 shall be imposed for transshipment of oil between ships at sea without consent from the National Contact Point or port authority as prescribed;

+ A fine ranging from VND 55,000,000 to VND 65,000,000 shall be imposed for failure to purchase insurance or financial security for civil liability prescribed by law to compensate for damage caused by fuel oil pollution as prescribed.

- A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for using oil spill dispersants and biological preparations for oil spill response in contravention of regulations.

- Penalties for causing oil conflagration or oil spills, except for environmental crimes are as follows:

+ A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the weight of oil is less than 2,000 kg;

+ A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed if the weight of oil is 2,000 kg to less than 10,000 kg;

+ A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed if the weight of oil is 10,000 kg to less than 20,000 kg;

+ A fine ranging from VND 250,000,000 to VND 350,000,000 shall be imposed if the weight of oil is 20,000 kg to less than 50,000 kg;

+ A fine ranging from VND 350,000,000 to VND 450,000,000 shall be imposed if the weight of oil is 50,000 kg to less than 100,000 kg;

+ A fine ranging from VND 450,000,000 to VND 550,000,000 shall be imposed if the weight of oil is 100,000 kg to less than 200,000 kg;

+ A fine ranging from VND 550,000,000 to VND 650,000,000 shall be imposed if the weight of oil is 200,000 kg to less than 300,000 kg;

+ A fine ranging from VND 650,000,000 to VND 750,000,000 shall be imposed if the weight of oil is 300,000 kg to less than 400,000 kg;

+ A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed if the weight of oil is 400,000 kg to less than 500,000 kg;

+ A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed if the weight of oil is at least 500,000 kg.

- Penalties for failure to implement measures for remedying oil conflagration or oil spill; failure to compensate for damage caused by the oil pollution are as follows:

+ A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed if the weight of oil is less than 2,000 kg;

+ A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the weight of oil is 2,000 kg to less than 10,000 kg;

+ A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed if the weight of oil is 10,000 kg to less than 20,000 kg;

+ A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed if the weight of oil is 20,000 kg to less than 50,000 kg;

+ A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed if the weight of oil is 50,000 kg to less than 100,000 kg;

+ A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed if the weight of oil is 100,000 kg to less than 200,000 kg;

+ A fine ranging from VND 600,000,000 to VND 700,000,000 shall be imposed if the weight of oil is 200,000 kg to less than 300,000 kg;

+ A fine ranging from VND 700,000,000 to VND 800,000,000 shall be imposed if the weight of oil is 300,000 kg to less than 400,000 kg;

+ A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if the weight of oil is 400,000 kg to less than 500,000 kg;

+ A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed if the weight of oil is at least 500,000 kg.

Besides, according to Clause 13, Article 39 of Decree 45/2022/ND-CP, remedial measures for offences against regulations on oil spill response in Vietnam:

- Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for causing oil spills or environmental pollution according to current norms and prices in case of commission of the offences prescribed in Article 39 of Decree 45/2022/ND-CP;

- Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences and mandatory provision of compensation for damage caused by the oil pollution within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clauses 8, 9 and 11 of Article 39 of Decree 45/2022/ND-CP.

Thus, the fine for violating regulations on oil spill response activities can be up to 1,000,000,000 VND for individuals. In addition, when falling into the cases specified in Clause 13, Article 39 of Decree 45/2022/ND-CP, the violating organization or individual is forced to implement the prescribed remedial measures.

Nguyen Pham Nhut Tan

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