Penalties for violations against regulations on the use of environmental protection project

What are the fines for violations against regulations on the use of environmental protection project in Vietnam? (Internet image)

What is environmental protection project?

According to Clause 1, Clause 2, Article 3 of the Law on Environmental Protection 2020, environment encompasses natural and artificial physical factors that are closely related to each other, surround humans and affect life, economy, society, existence and development of humans, creatures and nature.

Environmental protection activity means preventing and reducing adverse impacts on the environment; responding to environmental emergencies; mitigating environmental pollution and degradation, improving environmental quality; reasonably using natural resources and biodiversity, and adapting to climate change.

Pursuant to Article 46 of the Law on Environmental Protection 2020 stipulating environmental protection works and trial operation of waste treatment works of investment projects after obtaining environmental license, environmental protection works of an investment project include:

- Waste treatment works which are works and equipment serving treatment of wastewater, dusts, emissions, solid waste and hazardous waste;

- Works for solid waste collection and storage which are works and equipment serving collection and storage of normal solid waste, medical solid waste and hazardous waste to satisfy the requirements for classifying, collecting, storing, reusing, recycling and transporting solid waste to places of treatment, reuse or recycling;

- Other environmental protection works.

Penalties for violations against regulations on the use of environmental protection project in Vietnam

According to the provisions of Clause 8, Clause 13, Article 6 of the Law on Environmental Protection 2020, prohibited acts in environmental protection activities in Vietnam include:

- Failure to operate works or take measures to prevent and respond to environmental emergencies in accordance with regulations of law on environmental protection and other regulations of law.

- Sabotaging or infringing upon structures, equipment and facilities serving environmental protection activities.

Pursuant to Article 44 of Decree 45/2022/ND-CP on offences against regulations on protection and use of works, equipment and vehicles serving environmental protection activities:

- A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following offences:

+ Obstructing the operation or use of environmental protection works;

+ Growing plants affecting the technical safety corridor of environmental protection works.

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for illegally moving environmental monitoring machinery and equipment.

- A fine ranging from VND 10,000,000 to VND 50,000,000 shall be imposed for building a work affecting the technical safety corridor of environmental protection works.

- A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for sabotaging or encroaching on works, equipment and means serving environmental protection activities.

In addition, according to Clause 5, Article 44 of Decree 45/2022/ND-CP, the remedial measure for offences against regulations on protection and use of works, equipment and vehicles serving environmental protection activities is mandatory restoration to original condition within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in Article 44 of Decree 45/2022/ND-CP.

Thus, the fine for offences against regulations on protection and use of works, equipment and vehicles serving environmental protection activities can be up to 100,000,000 VND for individuals and 200,000,000 VND for organizations.

In addition, when falling into the case in Clause 5, Article 44 of Decree 45/2022/ND-CP, violating organizations and individuals are forced to take remedial measures as prescribed.

Nguyen Pham Nhut Tan

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