Administrative fines for violations against regulations on environmental registration in Vietnam

Administrative fines for violations against regulations on environmental registration in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is environmental registration?

According to Clause 9, Article 3 of the Law on Environmental Protection 2020, environmental registration means a business investment project owner or business owner registering with a regulatory body waste discharge-related contents and environmental protection measures of such business investment project owner or business owner (hereinafter referred to as “the investment project/business”).

In which, obliged registrants:

- Waste-generating investment projects not required to obtain an environmental license;

- Waste-generating businesses operating before the effective date of the Law on Environmental Protection 2020 not required to obtain an environmental license.

(Clause 1, Article 49 of the Law on Environmental Protection 2020)

2. Offences against regulations on environmental registration in Vietnam

Specifically, individuals and organizations that commit violations on environmental registration will be subject to administrative fines as prescribed in Article 9 of Decree 45/2022/ND-CP as follows:

(1) Penalties for offences against regulations on environmental registration for an investment project or business establishment not required to prepare an EIAR are as follows:

- A warning or fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

(2) Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the provincial People’s Committee or not subject to approval by the Ministry of National Defense or Ministry of Public and satisfying the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the provincial People’s Committee are as follows:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

(3) Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the Ministry of Natural Resources and Environment or subject to approval by the Ministry of National Defense or Ministry of Public, for an investment project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the Ministry of Natural Resources and Environment are as follows:

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.

3. Determining the time for environmental registration in Vietnam

The time for environmental registration in Vietnam is as follows:

- The investment projects that are specified in Point a Clause 1 of Article 49 of the Law on Environmental Protection 2020 and subject to EIA and environmental registration before being put into official operation;

- The investment projects that are specified in Point a Clause 1 of Article 49 of the Law on Environmental Protection 2020 but not subject to EIA and environmental registration before the competent authority issue the construction permit if a construction permit is required in accordance with regulations of law on construction or before waste is discharged into the environment if a construction permit is not required in accordance with regulations of law on construction;

- The businesses that are specified in Point b Clause 1 of this Article and subject to environmental registration within 24 months from the effective date of the Law on Environmental Protection 2020.

(Clause 6, Article 49 of the Law on Environmental Protection 2020)

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