Pháp lý doanh nghiệp 
Nghị định 155/2016/NĐ-CP xử phạt VPHC lĩnh vực bảo vệ môi trường
- Tổng hợp lại tất cả các quy định pháp luật còn hiệu lực áp dụng từ văn bản gốc và các văn bản sửa đổi, bổ sung, đính chính…
- Khách hàng chỉ cần xem Nội dung MIX, có thể nắm bắt toàn bộ quy định pháp luật hiện hành còn áp dụng, cho dù văn bản gốc đã qua nhiều lần chỉnh sửa, bổ sung.
thuộc tính Nghị định 155/2016/NĐ-CP
| Cơ quan ban hành: | Chính phủ |
| Số công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Số công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Số hiệu: | 155/2016/NĐ-CP |
| Ngày đăng công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày đăng công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Loại văn bản: | Nghị định |
| Người ký: | Nguyễn Xuân Phúc |
| Ngày ban hành: | 18/11/2016 |
| Ngày hết hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày hết hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Áp dụng: | |
| Tình trạng hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Tình trạng hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
| Lĩnh vực: | Vi phạm hành chính, Tài nguyên-Môi trường |
TÓM TẮT VĂN BẢN
Tại Nghị định số 155/2016/NĐ-CP ngày 18/11/2016 về xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường, Chính phủ đã quyết định tăng mức phạt đối với loạt các hành vi vi phạm về vệ sinh nơi công cộng.
Cụ thể, đối với hành vi vệ sinh cá nhân (tiểu tiện, đại tiện) không đúng nơi quy định tại khu vực chung cư, thương mại, dịch vụ hoặc nơi công cộng bị phạt tiền từ 1 - 3 triệu đồng, trước đây mức phạt được quy định chỉ từ 200.000 đồng - 300.000 đồng; Hành vi vứt, thải, bỏ đầu, mẩu và tàn thuốc lá không đúng nơi quy định tại khu chung cư, thương mại, dịch vụ hoặc nơi công cộng sẽ bị phạt tiền từ 500.000 đồng - 1 triệu đồng, gấp 10 lần mức phạt được quy định trước đây. Tương tự, hành vi vứt, thải, bỏ rác thải sinh hoạt không đúng nơi quy định bị phạt tiền từ 3 - 5 triệu đồng. Mức phạt tiền từ 5 - 7 triệu đồng được áp dụng đối với hành vi vứt, thải rác thải sinh hoạt trên vỉa hè, đường phố hoặc vào hệ thống thoát nước thải đô thị và hệ thống thoát nước mặt trong khu vực đô thị.
Trường hợp người điều khiển phương tiện vận chuyển nguyên liệu, vật liệu, hàng hóa không che chắn hoặc để rơi vãi ra môi trường trong khi tham gia giao thông sẽ bị phạt tiền từ 7 - 10 triệu đồng; Không sử dụng thiết bị, phương tiện chuyên dụng trong quá trình vận chuyển nguyên liệu, vật liệu, hàng hóa làm rò rỉ, phát tán ra môi trường, bị phạt từ 10 - 15 triệu đồng.
Cũng theo Nghị định này, mức phạt tiền từ 10 - 20 triệu đồng được áp dụng đối với hoạt động quản lý công viên, khu vui chơi, giải trí, lễ hội, khu du lịch, chợ, nhà ga, bến xe, bến tàu, bến cảng, bến phà và khu vực công cộng khác không có đủ công trình vệ sinh công cộng, phương tiện, thiết bị thu gom chất thải đáp ứng yêu cầu giữ gìn vệ sinh môi trường hoặc không thu gom chất thải trong phạm vi quản lý. Trước đây, mức phạt đối với các hành vi này được quy định chỉ từ 1 - 2 triệu đồng.
Nghị định này có hiệu lực thi hành kể từ ngày 01/02/2017.
Xem thêm:
Luật Bảo vệ môi trường: 9 điểm mới nổi bật nhất 2018
Xem chi tiết Nghị định155/2016/NĐ-CP tại đây
tải Nghị định 155/2016/NĐ-CP
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CHÍNH PHỦ Số: 155/2016/NĐ-CP |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Hà Nội, ngày 18 tháng 11 năm 2016 |
NGHỊ ĐỊNH
QUY ĐỊNH VỀ XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BẢO VỆ MÔI TRƯỜNG
Căn cứ Luật tổ chức Chính phủ ngày 19 tháng 6 năm 2015;
Căn cứ Luật xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;
Căn cứ Luật bảo vệ môi trường ngày 23 tháng 6 năm 2014;
Căn cứ Luật đa dạng sinh học ngày 13 tháng 11 năm 2008;
Căn cứ Pháp lệnh Cảnh sát môi trường ngày 23 tháng 12 năm 2014;
Theo đề nghị của Bộ trưởng Bộ Tài nguyên và Môi trường;
Chính phủ ban hành Nghị định quy định về xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường.
NHỮNG QUY ĐỊNH CHUNG
Trong Nghị định này các từ ngữ dưới đây được hiểu như sau:
Cá nhân, tổ chức có hành vi vi phạm hành chính trong lĩnh vực bảo vệ môi trường bị áp dụng một trong các hình thức xử phạt chính sau đây:
Trường hợp phạt tăng thêm đối với các thông số môi trường vượt quy chuẩn kỹ thuật của cùng mẫu chất thải, thẩm quyền xử phạt được tính theo hành vi vi phạm có mức phạt tiền cao nhất của mẫu chất thải đó.
Các thông số môi trường vượt quy chuẩn kỹ thuật còn lại của cùng mẫu chất thải đó sẽ bị phạt tăng thêm từ 10% đến 50% mức phạt tiền cao nhất của hành vi vi phạm đã chọn đối với mỗi thông số môi trường đó nhưng tổng mức phạt tiền đối với mỗi hành vi vi phạm không vượt quá mức phạt tiền tối đa.
Trường hợp một cơ sở, khu sản xuất, kinh doanh, dịch vụ tập trung có nhiều điểm xả nước thải hoặc nhiều điểm thải bụi, khí thải vượt quy chuẩn kỹ thuật môi trường bị xử phạt theo từng điểm xả, thải đó.
HÀNH VI VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BẢO VỆ MÔI TRƯỜNG, HÌNH THỨC, MỨC XỬ PHẠT VÀ BIỆN PHÁP KHẮC PHỤC HẬU QUẢ
ư) Phạt tiền từ 210.000.000 đồng đến 230.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 500.000.000 đồng đến 550.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 550.000.000 đồng đến 600.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 600.000.000 đồng đến 650.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 650.000.000 đồng đến 700.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
b) Đình chỉ hoạt động của cơ sở hoặc hoạt động gây ô nhiễm môi trường của khu sản xuất, kinh doanh, dịch vụ tập trung từ 06 tháng đến 12 tháng đối với trường hợp vi phạm quy định tại các điểm ư, v, x và y khoản 4, các điểm u, ư, v, x và y khoản 5 và các điểm t, u, ư, v, x và y khoản 6 Điều này.
ư) Phạt tiền từ 310.000.000 đồng đến 330.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 550.000.000 đồng đến 600.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 600.000.000 đồng đến 650.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 650.000.000 đồng đến 700.000.000 đồng trong trường hợp thải lượng nước thải từ 3.500 m³/ngày (24 giờ) đến dưới 4.000 m³/ngày (24 giờ);
ư) Phạt tiền từ 700.000.000 đồng đến 750.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 750.000.000 đồng đến 800.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 800.000.000 đồng đến 850.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 850.000.000 đồng đến 900.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 750.000.000 đồng đến 800.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 800.000.000 đồng đến 850.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 850.000.000 đồng đến 900.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
ư) Phạt tiền từ 900.000.000 đồng đến 950.000.000 đồng trong trường hợp lưu lượng khí thải từ 95.000 m³/giờ đến dưới 100.000 m³/giờ;
Tịch thu tang vật, phương tiện vi phạm hành chính đối với trường hợp vi phạm quy định tại các khoản 4, 5 và 6 Điều này.
Đình chỉ hoạt động của cơ sở từ 06 tháng đến 12 tháng đối với các trường hợp vi phạm quy định tại khoản 2 Điều này.
2. Phạt tiền từ 60.000.000 đồng đến 80.000.000 đồng đối với hành vi không thực hiện biện pháp kiểm soát các yếu tố có nguy cơ gây ô nhiễm môi trường đất tại cơ sở sản xuất kinh doanh dịch vụ.
3. Phạt tiền từ 80.000.000 đồng đến 100.000.000 đồng đối với hành vi không đánh giá chất lượng môi trường đất, không công bố thông tin giữa các đối tượng sử dụng đất khi chuyển đổi mục đích sử dụng đất của các cơ sở được quy định tại khoản 2 Điều 12 Nghị định số 19/2015/NĐ-CP sang đất ở, đất thương mại.
4. Phạt tiền từ 100.000.000 đồng đến 120.000.000 đồng đối với hành vi không có xác nhận chất lượng đất phù hợp với mục đích sử dụng là đất ở, đất thương mại của cơ quan có thẩm quyền khi chuyển đổi mục đích sử dụng đất của các cơ sở được quy định tại khoản 2 Điều 12 Nghị định số 19/2015/NĐ-CP.
5. Phạt tiền từ 120.000.000 đồng đến 150.000.000 đồng đối với hành vi không công khai chất lượng môi trường đất tại các khu vực bị ô nhiễm hóa chất độc hại cho các tổ chức, cá nhân có liên quan.
6. Biện pháp khắc phục hậu quả:
Buộc phải thực hiện các biện pháp khắc phục tình trạng ô nhiễm môi trường và báo cáo kết quả đã khắc phục xong hậu quả vi phạm trong thời hạn do người có thẩm quyền xử phạt ấn định trong quyết định xử phạt vi phạm hành chính đối với các vi phạm quy định tại Điều này gây ra.
Buộc di dời ra khỏi khu vực cấm trong thời hạn do người có thẩm quyền xử phạt ấn định trong quyết định xử phạt vi phạm hành chính đối với các vi phạm quy định tại Điều này.
Đình chỉ hoạt động khai thác khoáng sản từ 06 tháng đến 12 tháng đối với các vi phạm quy định tại khoản 2, 3 và 4 Điều này.
Buộc phải thực hiện các biện pháp khắc phục tình trạng ô nhiễm môi trường và báo cáo kết quả đã khắc phục xong hậu quả vi phạm, khắc phục sự cố môi trường trong thời hạn do người có thẩm quyền xử phạt ấn định trong quyết định xử phạt vi phạm hành chính đối với các vi phạm quy định tại điểm g và điểm h khoản 2 Điều này gây ra.
Buộc cải chính thông tin sai sự thật hoặc gây nhầm lẫn về hiện trạng môi trường đối với các hành vi vi phạm quy định tại các khoản 2, 4, 5 và 6 Điều này.
Tịch thu tang vật, phương tiện vi phạm hành chính đối với trường hợp vi phạm quy định tại khoản 2 và khoản 3 Điều này.
Tịch thu tang vật, phương tiện vi phạm hành chính đối với trường hợp vi phạm quy định tại các khoản 1, 2, 3 và 4 Điều này.
Tịch thu tang vật, phương tiện vi phạm hành chính đối với trường hợp vi phạm quy định tại Điều này.
Mức tiền phạt tối đa đối với mỗi hành vi vi phạm quy định tại khoản này không vượt quá 1.000.000.000 đồng.
Tịch thu tang vật, phương tiện vi phạm hành chính đối với trường hợp vi phạm quy định tại Điều này.
Buộc phải thu hồi kết quả phát sinh từ các hoạt động tiếp cận nguồn gen trái pháp luật trong thời hạn do người có thẩm quyền xử phạt ấn định trong quyết định xử phạt vi phạm hành chính đối với trường hợp vi phạm quy định tại Điều này.
Tước quyền sử dụng Giấy phép khảo nghiệm sinh vật biến đổi gen, Quyết định công nhận phòng thí nghiệm nghiên cứu sinh vật biến đổi gen, Quyết định công nhận cơ sở khảo nghiệm sinh vật biến đổi gen từ 06 tháng đến 12 tháng đối với trường hợp vi phạm quy định tại khoản 5 Điều này.
Buộc thực hiện các yêu cầu có liên quan đến hoạt động bảo vệ môi trường của người hoặc cơ quan quản lý nhà nước có thẩm quyền.
THẨM QUYỀN, THỦ TỤC XỬ PHẠT VI PHẠM HÀNH CHÍNH
a) Phạt cảnh cáo;
b) Phạt tiền đến 500.000 đồng,
2. Trạm trưởng, Đội trưởng của người được quy định tại khoản 1 Điều này có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 1.500.000 đồng.
3. Trưởng Công an cấp xã, Trưởng đồn Công an, Trạm trưởng Trạm Công an cửa khẩu, khu chế xuất có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 2.500.000 đồng;
c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị đến 2.500.000 đồng;
d) Áp dụng biện pháp khắc phục hậu quả vi phạm quy định tại các điểm a, c và đ khoản 3 Điều 4 Nghị định này.
4. Trưởng Công an cấp huyện; Trưởng phòng Công an cấp tỉnh gồm: Trưởng phòng Cảnh sát môi trường và Trưởng phòng Quản lý xuất nhập cảnh đang thi hành công vụ có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 25.000.000 đồng;
c) Tước quyền sử dụng Giấy phép môi trường có thời hạn hoặc đình chỉ hoạt động có thời hạn thuộc thẩm quyền;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị đến 25.000.000 đồng;
đ) Áp dụng biện pháp khắc phục hậu quả vi phạm quy định tại các điểm a, c, đ, i, k, l và m khoản 3 Điều 4 Nghị định này.
5. Giám đốc Công an cấp tỉnh có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 50.000.000 đồng;
c) Tước quyền sử dụng Giấy phép môi trường có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị đến 50.000.000 đồng;
đ) Áp dụng biện pháp khắc phục hậu quả vi phạm quy định tại các điểm a, c, đ, h, i, k, l và m khoản 3 Điều 4 Nghị định này.
6. Cục trưởng Cục Cảnh sát môi trường, Cục trưởng Cục Quản lý xuất nhập cảnh đang thi hành công vụ có quyền:
a) Phạt cảnh cáo;
b) Phạt tiền đến 1.000.000.000 đồng;
c) Tước quyền sử dụng Giấy phép môi trường có thời hạn hoặc đình chỉ hoạt động có thời hạn;
d) Tịch thu tang vật, phương tiện vi phạm hành chính;
đ) Áp dụng biện pháp khắc phục hậu quả vi phạm quy định tại các điểm a, c, đ, h, i, k, l và m khoản 3 Điều 4 Nghị định này.
Trưởng đoàn thanh tra chuyên ngành về tài nguyên và môi trường của Sở Tài nguyên và Môi trường, Tổng cục Môi trường và cơ quan tương đương được Chính phủ giao thực hiện chức năng thanh tra chuyên ngành về tài nguyên và môi trường có thẩm quyền xử phạt theo quy định tại khoản 2 Điều này.
Bộ đội biên phòng, Cảnh sát biển, Hải quan, Kiểm lâm, Thanh tra nông nghiệp và phát triển nông thôn, Thanh tra chuyên ngành thủy sản, Quản lý thị trường, Thuế, Cảng vụ hàng hải, Cảng vụ đường thủy nội địa có quyền xử phạt theo thẩm quyền quy định tại các Điều 40, 41, 42, 43, 44, 45 và 47 Luật xử lý vi phạm hành chính đối với những hành vi vi phạm hành chính trong lĩnh vực bảo vệ môi trường có liên quan đến lĩnh vực mình quản lý quy định tại Nghị định này.
Trường hợp phát hiện cá nhân, tổ chức thực hiện nhiều hành vi vi phạm hành chính trong lĩnh vực bảo vệ môi trường thì thẩm quyền xử phạt thực hiện theo quy định tại khoản 4 Điều 52 Luật xử lý vi phạm hành chính.
Sở Tài nguyên và Môi trường chủ trì, phối hợp với Cơ quan của người đã xử phạt, Công an nhân dân các cấp, Ủy ban nhân dân cấp huyện, xã nơi có cá nhân, tổ chức vi phạm và các cơ quan có liên quan tổ chức niêm phong nhà xưởng, máy móc, trang thiết bị của cá nhân, tổ chức đó vào ngày bắt đầu áp dụng hình thức tước quyền sử dụng Giấy phép môi trường hoặc đình chỉ hoạt động được ghi trong quyết định xử phạt đối với trường hợp cá nhân, tổ chức vi phạm thuộc thẩm quyền phê duyệt báo cáo đánh giá tác động môi trường đề án bảo vệ môi trường chi tiết, xác nhận bản đăng ký đạt tiêu chuẩn môi trường của bộ, cơ quan ngang bộ và cơ quan được các bộ ủy quyền;
- Tổng cục Môi trường (nếu dự án, cơ sở, khu sản xuất, kinh doanh, dịch vụ tập trung thuộc thẩm quyền phê duyệt báo cáo đánh giá tác động môi trường, đề án bảo vệ môi trường và xác nhận bản đăng ký đạt tiêu chuẩn môi trường của Bộ Tài nguyên và Môi trường, các bộ, cơ quan ngang bộ và cơ quan được các bộ ủy quyền);
- Sở Tài nguyên và Môi trường (nếu dự án, cơ sở, khu sản xuất, kinh doanh, dịch vụ tập trung thuộc thẩm quyền phê duyệt báo cáo đánh giá tác động môi trường, đề án bảo vệ môi trường và xác nhận kế hoạch bảo vệ môi trường của Ủy ban nhân dân cấp tỉnh, Sở Tài nguyên và Môi trường và cơ quan được Ủy ban nhân dân cấp tỉnh ủy quyền);
- Ủy ban nhân dân cấp huyện (nếu dự án, cơ sở sản xuất, kinh doanh và dịch vụ thuộc thẩm quyền xác nhận kế hoạch bảo vệ môi trường, đề án bảo vệ môi trường của Ủy ban nhân dân cấp huyện và cơ quan được Ủy ban nhân dân cấp huyện ủy quyền).
Báo cáo kết quả đã khắc phục xong hậu quả vi phạm về bảo vệ môi trường được gửi đồng thời cho cơ quan của người đã xử phạt để phối hợp kiểm tra, thanh tra việc khắc phục hậu quả vi phạm. Báo cáo kết quả đã khắc phục xong hậu quả vi phạm về bảo vệ môi trường thực hiện theo Mẫu 03 Phụ lục II ban hành kèm theo Nghị định này;
Người có thẩm quyền lập biên bản vi phạm hành chính quy định tại khoản này khi phát hiện hành vi vi phạm hành chính trong lĩnh vực bảo vệ môi trường phải kịp thời lập biên bản để xử phạt hoặc chuyển đến người có thẩm quyền xử phạt theo quy định của pháp luật về xử lý vi phạm hành chính và Nghị định này.
Ban hành kèm theo Nghị định này Phụ lục II gồm 03 mẫu văn bản, báo cáo khắc phục hậu quả vi phạm hành chính trong lĩnh vực bảo vệ môi trường.
Thủ trưởng cơ quan của người đã ra quyết định xử phạt vi phạm hành chính gửi văn bản về việc công bố công khai và bản sao quyết định xử phạt vi phạm hành chính đến người phụ trách trang thông tin điện tử hoặc báo của cơ quan quản lý của bộ, của sở hoặc của Ủy ban nhân dân cấp tỉnh nơi xảy ra vi phạm trong thời hạn 03 ngày làm việc, kể từ ngày ra quyết định xử phạt.
Người phụ trách trang thông tin điện tử hoặc báo đăng thông tin phải thực hiện việc đăng tin trong vòng 01 ngày làm việc đối với trang thông tin điện tử hoặc số báo tiếp theo kể từ thời điểm nhận được yêu cầu; trong trường hợp trang thông tin điện tử hoặc báo đăng không chính xác các thông tin quy định tại điểm b khoản 3 Điều này thì phải có trách nhiệm đính chính thông tin sai lệch trong vòng 01 ngày làm việc đối với trang thông tin điện tử hoặc số báo tiếp theo và phải chịu chi phí cho việc đính chính.
Sở Tài nguyên và Môi trường chủ trì, phối hợp với Công an cấp tỉnh, Ủy ban nhân dân cấp huyện nơi có cơ sở và các cơ quan có liên quan tổ chức thực hiện quyết định cưỡng chế áp dụng hình thức xử phạt bổ sung đình chỉ hoạt động, cưỡng chế áp dụng biện pháp khắc phục hậu quả buộc di dời cơ sở gây ô nhiễm môi trường nghiêm trọng.
Bộ trưởng Bộ Tài nguyên và Môi trường, Bộ trưởng các bộ, Thủ trưởng cơ quan ngang bộ trong phạm vi nhiệm vụ, quyền hạn của mình có trách nhiệm phối hợp với Chủ tịch Ủy ban nhân dân các tỉnh, thành phố trực thuộc trung ương trong việc thực hiện quyết định cưỡng chế áp dụng hình thức xử phạt bổ sung đình chỉ hoạt động hoặc cưỡng chế áp dụng biện pháp khắc phục hậu quả buộc di dời cơ sở gây ô nhiễm môi trường nghiêm trọng.
ĐIỀU KHOẢN THI HÀNH
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Nơi nhận: |
TM. CHÍNH PHỦ
Nguyễn Xuân Phúc |
PHỤ LỤC I
DANH MỤC CÁC THÔNG SỐ MÔI TRƯỜNG NGUY HẠI TRONG CHẤT THẢI
(Kèm theo Nghị định số 155/2016/NĐ-CP ngày 18 tháng 11 năm 2016 của Chính phủ)
I. CÁC THÔNG SỐ MÔI TRƯỜNG NGUY HẠI TRONG NƯỚC, NƯỚC THẢI
|
STT |
Thành phần nguy hại |
Công thức hóa học |
|
A |
Các thành phần nguy hại vô cơ |
|
|
|
Nhóm kim loại nặng và hợp chất vô cơ của chúng (tính theo nguyên tố kim loại) |
|
|
1 |
Asen (Arsenic) |
As |
|
2 |
Cadmi (Cadmium) |
Cd |
|
3 |
Chì (Lead) |
Pb |
|
4 |
Kẽm (Zinc) |
Zn |
|
5 |
Nicken (Nickel) |
Ni |
|
6 |
Thủy ngân (Mercury) |
Hg |
|
7 |
Crom VI (Chromium VI) |
Cr |
|
|
Các thành phần vô cơ khác |
|
|
8 |
Muối florua (Fluoride) trừ canxi florua (calcium floride) |
F- |
|
9 |
Xyanua (cyanides) |
CN- |
|
B |
Các thành phần nguy hại hữu cơ |
|
|
1 |
Phenol |
C6H5OH |
|
2 |
PCB |
|
|
3 |
Dioxin |
|
|
4 |
Dầu mỡ khoáng |
|
|
5 |
Hóa chất bảo vệ thực vật clo hữu cơ |
|
|
6 |
Hóa chất bảo vệ thực vật phốt pho hữu cơ |
|
II. CÁC THÔNG SỐ MÔI TRƯỜNG NGUY HẠI TRONG KHÍ, KHÍ THẢI
|
STT |
Thông số môi trường nguy hại |
Công thức hóa học |
|
A |
Các chất vô cơ |
|
|
1 |
Asen và các hợp chất, tính theo As |
As |
|
2 |
Axit clohydric |
HCl |
|
3 |
Hơi HNO3 (các nguồn khác), tính theo NO2 |
HNO3 |
|
4 |
Hơi H2SO4 hoặc SO3, tính theo SO3 |
H2SO4 |
|
5 |
Bụi chứa silic |
|
|
6 |
Cadmi và hợp chất, tính theo Cd |
Cd |
|
7 |
CIo |
Cl2 |
|
8 |
Flo, HF, hoặc các hợp chất vô cơ của Flo, tính theo HF |
|
|
9 |
Thủy ngân (kim loại và hợp chất, tính theo Hg) |
Hg |
|
10 |
Xyanua (cyanides) |
CN- |
|
B |
Các chất hữu cơ |
|
|
1 |
Acetaldehyt |
CH3CHO |
|
2 |
Acrolein |
CH2=CHCHO |
|
3 |
Anilin |
C6H5NH2 |
|
4 |
Benzidin |
NH2C6H4C6H4NH2 |
|
5 |
Benzen |
C6H6 |
|
6 |
Cloroform |
CHCl3 |
|
7 |
Fomaldehyt |
HCHO |
|
8 |
Naphtalen |
C10H8 |
|
9 |
Phenol |
C6H5OH |
|
10 |
Tetracloetylen |
C2CI4 |
|
11 |
Vinyl clorua |
ClCH=CH2 |
|
12 |
Methyl mecarptan |
CH3SH |
|
13 |
Styren |
C6H5CH=CH2 |
|
14 |
Toluen |
C6H5CH3 |
|
15 |
Xylen |
C6H4(CH3)2 |
PHỤ LỤC II
DANH MỤC MỘT SỐ MẪU VĂN BẢN, BÁO CÁO KHẮC PHỤC HẬU QUẢ VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BẢO VỆ MÔI TRƯỜNG
(Kèm theo Nghị định số 155/2016/NĐ-CP ngày 18 tháng 11 năm 2016 của Chính phủ)
|
Tên mẫu |
Tên biểu mẫu |
|
Mẫu 01 |
Báo cáo kế hoạch vận hành thử nghiệm các công trình bảo vệ môi trường đã thực hiện khắc phục hậu quả vi phạm |
|
Mẫu 02 |
Văn bản chấp thuận cho phép vận hành thử nghiệm các công trình bảo vệ môi trường đã thực hiện khắc phục hậu quả vi phạm |
|
Mẫu 03 |
Báo cáo kết quả đã khắc phục xong hậu quả vi phạm hành chính về bảo vệ môi trường |
Mẫu số 01
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TÊN CƠ QUAN CHỦ QUẢN |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
|
Số: ……../BC-KHVH |
..... (1), ngày ... tháng ... năm ... |
BÁO CÁO
Kế hoạch vận hành thử nghiệm các công trình bảo vệ môi trường đã thực hiện khắc phục hậu
quả vi phạm
Kính gửi: …………………………………….. (2)
1. Thông tin chung về cá nhân, tổ chức vi phạm:
Tên cá nhân, tổ chức: ………………………………………………………………………
Địa chỉ văn phòng: …………………………………………………………………………..
Địa điểm hoạt động của cá nhân, tổ chức: …………………………………………………
Điện thoại: ………………………………….. Fax: …………………………………………..
Giấy chứng nhận đầu tư; Giấy chứng nhận đăng ký kinh doanh; Giấy phép khai thác khoáng sản......... số ……………… Ngày cấp: ………… Nơi cấp: …………………
Quyết định phê duyệt báo cáo ĐTM/xác nhận kế hoạch BVMT: ………………
Quyết định số…../QĐ-XPVPHC ngày... tháng... năm... của ... xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường ……………………………………………;
Kết luận kiểm tra/thanh tra về bảo vệ môi trường của ……………………. (nếu có);
2. Các công trình bảo vệ môi trường đã khắc phục: (kèm theo hồ sơ thiết kế, bản vẽ hoàn công công trình hoặc hồ sơ thiết bị đồng bộ xử lý chất thải)
3. Thời gian dự kiến thực hiện vận hành thử nghiệm:
(Đưa ra danh mục các công trình xử lý chất thải, công trình bảo vệ môi trường của cá nhân, tổ chức đã khắc phục vi phạm theo quyết định xử phạt vi phạm hành chính và kết luận thanh tra, kiểm tra về bảo vệ môi trường, kèm theo thời gian biểu dự kiến thực hiện vận hành thử nghiệm và thời gian dự kiến lấy mẫu phân tích các thông số môi trường trong chất thải. Việc lấy mẫu thực hiện ít nhất là 03 lần/mẫu với mỗi loại mẫu chất thải ở các thời điểm khác nhau, trong các ngày khác nhau, đảm bảo tính đại diện và ổn định của nguồn thải).
|
Nơi nhận: |
(3) |
Ghi chú:
(1) Ghi tên tỉnh, thành phố trực thuộc trung ương;
(2) Cơ quan có thẩm quyền kiểm tra, xác nhận khắc phục hậu quả vi phạm;
(3) Cá nhân, tổ chức vi phạm.
Mẫu số 02
|
TÊN CƠ QUAN CHỦ QUẢN |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
|
Số: …../…… - ……… |
….(2), ngày … tháng … năm …. |
Kính gửi: (3) ………………………………….
Căn cứ Quyết định số.../QĐ-XPHC ngày.... tháng... năm ... của(4).... xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường đối với (cá nhân/tổ chức): …….;
Căn cứ Kết luận kiểm tra/thanh tra về bảo vệ môi trường (nếu có);
Xét Báo cáo kế hoạch vận hành thử nghiệm các công trình bảo vệ môi trường tại Văn bản số …./ …… ngày ..... tháng ...... năm ...... của(3) …………………;
Cơ quan xác nhận(1) ………….. có ý kiến như sau:
1. Chấp thuận kế hoạch vận hành thử nghiệm các công trình bảo vệ môi trường của(3) ………;
2. Yêu cầu (3) ………. thực hiện nghiêm túc các quy định của pháp luật trong quá trình vận hành thử nghiệm các công trình bảo vệ môi trường. Trong quá trình vận hành thử nghiệm nếu gây ra sự cố môi trường thì phải dừng ngay hoạt động vận hành thử nghiệm và báo cáo kịp thời tới cơ quan quản lý nhà nước có thẩm quyền để hướng dẫn giải quyết; chịu trách nhiệm khắc phục sự cố môi trường, bồi thường thiệt hại theo quy định của pháp luật.
3. Sau khi kết thúc quá trình vận hành thử nghiệm các công trình bảo vệ môi trường, (3) …… phải gửi báo cáo kết quả đã khắc phục xong hậu quả vi phạm hành chính về bảo vệ môi trường về (1) ……….. để được kiểm tra, xác nhận đã khắc phục xong hậu quả vi phạm theo quy định./.
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Nơi nhận: |
Cơ quan xác nhận (1) ………………… |
Ghi chú:
(1) Cơ quan có thẩm quyền kiểm tra, xác nhận đã khắc phục xong hậu quả vi phạm;
(2) Ghi tên tỉnh, thành phố trực thuộc trung ương;
(3) Cơ quan hoặc người có thẩm quyền đã xử phạt vi phạm hành chính;
(4) Thủ trưởng cơ quan đã ban hành quyết định xử phạt vi phạm hành chính.
Mẫu số 03
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TÊN CƠ QUAN CHỦ QUẢN |
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
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Số: ……../BC-KPHQ |
...(1), ngày ... tháng ... năm ... |
BÁO CÁO
Kết quả đã khắc phục xong hậu quả vi phạm hành chính về bảo vệ môi trường
Kính gửi: ………………………..(2)
1. Thông tin chung về cá nhân, tổ chức:
Tên cá nhân, tổ chức: …………………………………………………………………….
Địa chỉ văn phòng: ……………………………………………………………………………..
Địa điểm hoạt động của tổ chức: ……………………………………………………..
Điện thoại: …………………. Fax: …………………………………………………….
Tài khoản số: ……………………………………………………………………………
Giấy chứng nhận đầu tư; Giấy chứng nhận đăng ký kinh doanh; Giấy phép khai thác khoáng sản.... số ………. Ngày cấp: ………… Nơi cấp: ……………………
Quyết định phê duyệt báo cáo ĐTM/xác nhận kế hoạch BVMT (3): ………………………………….
Căn cứ Quyết định số…/QĐ-XPVPHC ngày... tháng... năm... của(4) ... xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường ………………………………….;
Căn cứ Kết luận kiểm tra/thanh tra về bảo vệ môi trường của (5) …………………. (nếu có);
2. Kết quả khắc phục hậu quả vi phạm hành chính:
a) Kết quả khắc phục vi phạm về nước thải (nếu có): (Cần mô tả rõ các biện pháp kỹ thuật đã thực hiện đối với các công trình xử lý nước thải để khắc phục vi phạm; đính kèm bản vẽ hoàn công/bản vẽ thiết kế kỹ thuật các công trình xử lý nước thải đã được cải tạo, nâng cấp (nếu có); mô tả rõ quy mô công suất, quy trình công nghệ và chế độ vận hành các công trình xử lý nước thải sau khi cải tạo, nâng cấp (chế độ vận hành: Liên tục, gián đoạn, dạng mẻ...); chi phí điện năng, hóa chất trong quá trình vận hành các công trình xử lý nước thải; các phiếu kết quả đo đạc, phân tích mẫu môi trường; biên bản nghiệm thu và các văn bản khác có liên quan đến các công trình xử lý nước thải sau khi cải tạo, nâng cấp (nếu có)).
b) Kết quả khắc phục vi phạm về bụi, khí thải (nếu có): (Cần mô tả rõ các biện pháp kỹ thuật đã thực hiện đối với các công trình xử lý bụi, khí thải để khắc phục vi phạm; đính kèm bản vẽ hoàn công/bản vẽ thiết kế kỹ thuật các công trình xử lý bụi, khí thải đã được cải tạo, nâng cấp (nếu có); mô tả rõ quy mô công suất, quy trình công nghệ và chế độ vận hành các công trình xử lý bụi, khí thải sau khi cải tạo, nâng cấp (chế độ vận hành: Liên tục, gián đoạn, dạng mẻ...); chi phí điện năng, hóa chất trong quá trình vận hành các công trình xử lý bụi, khí thải; các phiếu kết quả đo đạc, phân tích mẫu môi trường; biên bản nghiệm thu và các văn bản khác có liên quan đến các công trình xử lý bụi, khí thải sau khi cải tạo, nâng cấp (nếu có)).
c) Kết quả khắc phục vi phạm về tiếng ồn (nếu có): (Cần mô tả rõ các biện pháp kỹ thuật đã thực hiện đối với các công trình xử lý tiếng ồn để khắc phục vi phạm; đính kèm bản vẽ hoàn công/bản vẽ thiết kế kỹ thuật các công trình xử lý tiếng ồn đã được cải tạo, nâng cấp (nếu có); các phiếu kết quả đo đạc, phân tích mẫu môi trường; biên bản nghiệm thu và các văn bản khác có liên quan đến các công trình xử lý tiếng ồn sau khi cải tạo, nâng cấp (nếu có)).
d) Kết quả khắc phục vi phạm về độ rung (nếu có): (Cần mô tả rõ các biện pháp kỹ thuật đã thực hiện đối với các công trình xử lý độ rung để khắc phục vi phạm; đính kèm bản vẽ hoàn công/bản vẽ thiết kế kỹ thuật các công trình xử lý độ rung đã được cải tạo, nâng cấp (nếu có); các phiếu kết quả đo đạc, phân tích mẫu môi trường; biên bản nghiệm thu và các văn bản khác có liên quan đến các công trình xử lý độ rung sau khi cải tạo, nâng cấp (nếu có)).
đ) Kết quả khắc phục vi phạm về quản lý chất thải rắn công nghiệp thông thường, chất thải nguy hại (nếu có): (Nêu rõ các biện pháp kỹ thuật và các hồ sơ, thủ tục hành chính về bảo vệ môi trường đã thực hiện để khắc phục vi phạm (nếu có); đính kèm bản vẽ hoàn công/bản vẽ thiết kế kỹ thuật các công trình xử lý chất thải rắn công nghiệp thông thường, chất thải nguy hại đã được cải tạo, nâng cấp (nếu có); mô tả rõ quy mô công suất, quy trình công nghệ và chế độ vận hành các công trình xử lý chất thải rắn công nghiệp thông thường, chất thải nguy hại sau khi cải tạo, nâng cấp (chế độ vận hành: Liên tục, gián đoạn, dạng mẻ...); chi phí điện năng, hóa chất trong quá trình vận hành các công trình xử lý chất thải rắn công nghiệp thông thường, chất thải nguy hại; các phiếu kết quả đo đạc, phân tích mẫu môi trường; biên bản nghiệm thu và các văn bản khác có liên quan đến các công trình xử lý chất thải rắn công nghiệp thông thường, chất thải nguy hại sau khi cải tạo, nâng cấp (nếu có)).
e) Kết quả khắc phục các vi phạm khác về bảo vệ môi trường (nếu có): (Nêu rõ các biện pháp đã thực hiện hoặc phương án sẽ thực hiện để khắc phục các vi phạm về bảo vệ môi trường liên quan đến việc thực hiện nội dung báo cáo đánh giá tác động môi trường, kế hoạch bảo vệ môi trường..., giấy xác nhận hoàn thành công trình bảo vệ môi trường, chương trình giám sát môi trường định kỳ và các hồ sơ, thủ tục khác theo quy định của pháp luật về bảo vệ môi trường; đính kèm các hồ sơ, thủ tục có liên quan để chứng minh việc đã khắc phục vi phạm theo đúng quy định...)
Chúng tôi cam kết rằng những thông tin, số liệu nêu trên là đúng sự thực; nếu có gì sai trái, chúng tôi hoàn toàn chịu trách nhiệm trước pháp luật. Đề nghị (2) ………… kiểm tra, xác nhận việc khắc phục hậu quả vi phạm hành chính về bảo vệ môi trường của (cá nhân, tổ chức vi phạm) ……………………../.
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Nơi nhận: |
CÁ NHÂN/ĐẠI DIỆN CÓ THẨM |
Ghi chú:
(1) Ghi tên tỉnh, thành phố trực thuộc trung ương;
(2) Cơ quan hoặc người có thẩm quyền đã xử phạt vi phạm hành chính;
(3) Dự án hoạt động sản xuất, kinh doanh, dịch vụ đã xảy ra vi phạm;
(4) Thủ trưởng cơ quan đã ban hành quyết định xử phạt vi phạm hành chính;
(5) Kết luận kiểm tra, thanh tra về bảo vệ môi trường (nếu có);
(6) Thủ trưởng cơ quan ban hành quyết định thành lập Đoàn kiểm tra.
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THE GOVERNMENT No. 155/2016/ND-CP |
THE SOCIALIST REPUBLIC OF VIETNAM Hanoi, November 18, 2016 |
DECREE
On sanctioning of administrative violations in the field of environmental protection
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Law on Environmental Protection dated June 23, 2014;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Pursuant to the Ordinance on Environmental Police Forces dated December 23, 2014;
At the proposal of Minister of Natural Resources and Environment;
The Government hereby promulgates the Decree on sanctioning of administrative violations in the field of environmental protection.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree stipulates acts of administrative violations, sanctioning forms and levels, remedial measures applied to administrative violations; competence to make written records and sanction of administrative violations; responsibilities and mechanism for cooperation in inspection, examination and sanctioning of administrative violations in the field of environmental protection.
2. The administrative violations of regulations on environmental protection specified in this Decree include:
a) Violations of regulations on environmental protection plans, environmental impact assessment and environmental protection schemes;
b) Violations causing environmental pollution;
c) Violations of regulations on waste management;
d) Violations of regulations on environmental protection committed by production, business and service establishments (hereinafter referred to as business establishments) and industrial parks, export processing zones, high-tech parks, industrial clusters and concentrated business or service zones (hereinafter referred to as concentrated production, business or service zones);
dd) Violations of regulations on environmental protection in the fields of import of machinery, equipment, transport vehicles, raw materials, fuels, materials, scrap, biological products; import and dismantlement of used seagoing ships; festival and tourism activities, and mining of minerals;
e) Violations of regulations on prevention and control of environmental pollution, incidents and degradation;
g) Administrative violations related to biodiversity, including: Conservation and sustainable development of natural ecosystems, organisms and genetic resources;
h) Violations causing obstruction of state management, examination, inspection and sanctioning of administrative violations and other acts of violating regulations on environmental protection as specified in Chapter II of this Decree.
3. For other administrative violations related to environmental protection which are not specified in this Decree, other relevant Government's decrees on sanctioning of administrative violations in the field of state management shall prevail.
Article 2. Subjects of application
1. Domestic and foreign organizations and individuals (hereinafter referred to as organizations and individuals) that commit acts of administrative violation in the field of environmental protection in the territory, the contiguous zones, the exclusive economic zone and the continental shelf of the Socialist Republic of Vietnam shall be sanctioned in accordance with this Decree or relevant decrees.
2. Households and individual business households that commit acts of violation of regulations specified in this Decree shall be sanctioned like individuals.
Article 3. Interpretation of terms
In this Decree, these terms below are construed as follows:
1. Discharging wastewater into the environment means the discharging wastewater of all kinds, by organizations and individuals, into soil, underground water and surface water, inside and outside business establishments, concentrated production, business or service zones. In case of discharging wastewater into soil, underground water or surface water (ponds, lakes, holes, etc. inside a business establishment), upon the calculation of the volume of discharged wastewater in excess of the permissible limits specified in the technical regulation on waste, the receiving water value Kq shall be equal to 0.6 as specified in such technical regulation.
2. Discharging dust and emission into the environment means the generation of dust and emission into the air environment by organizations and individuals.
3. Hazardous environmental parameters in wastewater mean environmental parameters provided in the national technical regulation on hazardous waste limits as specified in Section I of Appendix I attached to this Decree.
4. Hazardous environmental parameters in emission and air environment mean the environmental parameters specified in the national technical regulation on hazardous substances in the air with details stated in Section II of the Appendix I attached to this Decree.
5. Normal environmental parameters mean the environmental parameters specified in the national technical regulation on waste and surrounding environment, except for the environmental parameters specified in Clause 3 and Clause 4 of this Article.
6. Illegal exploitation of organisms means the acts of hunting, fishing, trapping, picking, gathering and keeping aiming to take organisms (including animals, plants, fungi and microorganisms), parts or derivatives of animals and plants without the permission of competent state agencies or in excess of the permitted quantity in the exploitation license granted by competent state agencies.
7. Environmental protection plan include the declaration on production activities causing impacts on the environment, the registration for satisfaction of environmental standards, the environmental protection commitment and the environmental protection plan;
8. Environmental impact assessment report includes preliminary environmental impact assessment report, detailed environmental impact assessment report, environmental impact assessment report made by the operating business establishments, additional environmental impact assessment report and environmental impact assessment report.
9. Environmental improvement and restoration plan includes the scheme for deposit for environmental improvement and restoration, environmental improvement and restoration project, additional environmental improvement and restoration plan and environmental improvement and restoration plan.
10. Certification of completion of environmental protection facilities includes certification of compliance with contents of the environmental impact assessment report and requirements of decision on approval for environmental impact assessment report before the project is put into official operation; certification of implementation of environmental protection facilities and measures to serve the project’s operation, certification of execution of one of work items of the investment project in cases of investment phasing before the project is put into official operation and certification of completion of environmental protection facilities.
11. Certificate of compliance with regulations on environmental protection means the certificate of completion of environmental protection facilities of a domestic solid waste and normal industrial solid waste establishment.
12. Hazardous waste treatment licenses include license for transport of hazardous waste, license for treatment and destruction of hazardous waste, license for management of hazardous waste and license for hazardous waste treatment.
13. Certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials includes certificate of eligibility for import of scrap and certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials.
Article 4. Forms and levels of sanctioning administrative violations and remedial measures for administrative violations of regulations in the field of environmental protection
1. Principal sanctions and fines:
Organizations and individuals that commit administrative violations in the field of environmental protection shall be subject to one of the following principal sanctions:
a) Warning;
b) The maximum fine imposed for an act of violation in the field of environmental protection is VND 1,000,000,000 for individuals; and VND 2,000,000,000 for organizations.
2. Additional sanctions:
a) Deprivation of the right to use License for hazardous waste treatment, License for discharging industrial emissions, Certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials, License to transport dangerous goods being toxic or infectious substances, Certificate of marketing authorization of biological products for waste treatment in Vietnam, Certificate of eligibility for provision of environmental observation service, License for extraction of endangered, precious and rare species prioritized protection, Certificate of biodiversity conservation institution, License for rearing and development of alien species, License for access to genetic resources, License for genetically modified organism testing, License to import genetically modified organism, Biosafety certificate, License for exchange, purchase, sale, donation or hiring of specimen of wild species in the list of endangered, precious and rare species prioritized protection, Certificate of genetically modified organisms qualified for use as foods, Certificate of genetically modified organisms qualified for use as animal feed (hereinafter referred to as environmental licenses) for a definite term, or suspension of operation for a definite time of between 01 month and 24 months as specified in Clause 2, Article 25 of the Law on Handling of Administrative Violations, from the effective date of the decision on sanctioning of administrative violation;
b) Confiscation of material evidences and means used in administrative violations in the field of environmental protection (hereinafter referred to as material evidences and means used in administrative violations).
3. In addition to sanctions specified in Clause 1 and Clause 2 of this Article, organizations and individuals that commit administrative violations of regulations in the field of environmental protection may also be subject to one or some of the following remedial measures:
a) Forcible restoration or remediation of environment which is polluted by administrative violations; forcible planting, caring and protection of injured or destroyed sanctuary area, restoration of initial biotope for animals and plants, and confiscation of illegally accessed genetic resources;
b) Forcible dismantlement or relocation of plants, construction works or construction work parts in violation of regulations on environmental protection; forcible dismantlement of works, breeding farms, aquaculture zones, houses or tents illegally built in the nature reserves;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results as specified;
d) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, machinery, equipment, materials, fuels, raw materials, scrap, articles, biological products and means imported or brought into Vietnam inconsistently with regulations on environmental protection or causing environmental pollution; forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles or means containing invasive alien species, genetically modified organisms or their genetic specimens;
dd) Forcible destruction of goods, machinery, equipment, materials, fuels, raw materials, scrap, articles, biological products and means imported or brought into Vietnam inconsistently with regulations on environmental protection harmful to human health, domestic animals, and environment; forcible destruction of invasive alien species, genetically modified organisms or their genetic specimens for which the License for genetically modified organism testing or biosafety certificate is not granted; forcible recall and destruction of biological products manufactured, sold and used illegally. Confiscate valuable products after the destruction and handle them in accordance with the law;
e) Forcible correction of untruthful or misleading information on the environment status of business establishments and concentrated production, business or service zones;
g) Forcible recall and handling of discarded products or products whose useful life has expired as specified; forcible seizure of results of illegal access to genetic resources;
h) Forcible refund of illicit profits earned through the commission of administrative violations or money amounts equivalent to the value of administrative violation material evidences or means which have been illegally sold, dispersed or destroyed;
i) Forcible implementation of measures for reducing noise and vibration, heat and light radiation, managing solid waste and hazardous waste, and treating waste in conformity with technical regulations on environment; forcible preparation of reports on finished environmental protection facilities which must be submitted to the agencies competent to examination and certification of the completion of environmental protection facilities; forcible formulation and implementation of environmental improvement and restoration plans; forcible making of deposits for environmental restoration, purchase of insurance for liability to pay compensation for environment-related damage or setting aside of reserve fund for environmental risks as prescribed;
k) Forcible construction of environmental protection facilities as specified; forcible proper operation of the environmental protection facilities as specified;
l) Forcible moving out of restricted areas; strict compliance with regulations on safe distance to protect the environment for residential areas;
m) Collection of the arrears of environmental protection charges as specified; forcible payment of costs of conducting inspection, assessment, measurement and analysis of environmental samples (for all environmental parameters of environmental samples in excess of the permissible limits specified in technical regulations) in case the volume of waste discharged exceeds the permissible limits specified in technical regulations or causes the environmental pollution according to current norms and prices; forcible compensation for damage by acts of causing environmental pollution in accordance with law regulations;
n) Forcible relocation of the business establishment causing serious environmental pollution to a location in conformity with the planning and the environment's carrying capacity.
Article 5. Fines and competence to sanction administrative violations
1. The fines imposed for administrative violations as specified in Chapter II of this Decree are that applicable to individuals. For the same act of administrative violation, the fine to be imposed on an organization is 2 times that of the fine imposed on an individual.
2. The competence to sanction administrative violations of the persons specified in Articles 48 thru 51 of this Decree is the competence to sanction for an act of administrative violation committed by individuals, the competence to sanction on an organization is twice as much as the competence to sanction an individual.
If the aggravating fines are imposed for environmental parameters in excess of the permissible limits specified in the technical regulations for the same waste sample, the competence to sanction administrative violations shall be identified according to the act of violation with the highest fine of that waste sample.
Article 6. Application of technical regulations on environment and use of environmental parameters for determination of administrative violations and seriousness of violations in the field of environmental protection
1. When individuals or organizations discharge wastes into the environment, the national technical regulations shall be used to determine administrative violations in the domain of environmental protection and seriousness of such violations. In cases where both national technical regulations and local technical regulations are available, the local technical regulations shall prevail (hereinafter referred to as technical regulations).
2. The times of exceeding environmental technical regulations shall be the highest value determined by dividing the results collected by technical and professional means and equipment, results of assessment, inspection, monitoring, supervision, measurement and analysis of certain environmental parameters of waste samples or surrounding environmental samples by the maximum allowable value of that parameter as specified in the environmental technical regulations.
3. When imposing fines for the discharging wastewater (Article 13 and Article 14 of this Decree) or the discharging dust and emission (Article 15 and Article 16 of this Decree) in excess of the permissible limits specified in the environmental technical regulations, if the discharged wastewater or discharged dust and emission contain both hazardous and normal environmental parameters, and germs of various kinds in excess of the permissible limits specified in technical regulations or the pH value exceeds the permissible limits specified in the technical regulations, the environmental parameter respectively with the act of violation with the highest fine of the wastewater or dust, gas sample shall be used to impose fine.
The remaining environmental parameters of the same waste samples exceeding the allowable limits prescribed in the technical regulations shall be fined 10% - 50% more than the highest fine of the selected violation for each of such environmental parameters but the total amount of fines for each violation shall not exceed the prescribed maximum fine.
In cases where a business establishment or a concentrated production, business or service zone has many points of discharging wastewater or dust and emission in excess of the allowable limits specified in the environmental technical regulations, an appropriate fine shall be imposed on each point of discharge.
Article 7. Use of technical means and equipment for detection and sanctioning of administrative violations in the field of environmental protection
1. The use of technical means and equipment for detection of administrative violations in the field of environmental protection is specified as follows:
a) The agencies and persons competent to sanction administrative violations may use technical means and equipment in accordance with the Government’s Decree No. 165/2013/ND-CP dated November 12, 2013, providing for the management, use and list of technical means and equipment used to detect administrative violations of regulations on public order, traffic safety and environmental protection.
b) Results obtained by using technical means and equipment shall be compared with the maximum permissible concentration of environmental parameters specified in technical regulations for determining administrative violations.
2. The agencies and persons competent to sanction administrative violations may use results of inspection, assessment, measurement and analysis of environmental samples as the basis for sanctioning of administrative violations in the field of environmental protection. To be specific:
a) Organizations that are granted Certificate of eligibility for provision of environmental observation service in accordance with the laws;
b) Environmental inspection, assessment and observation organizations that are established by competent state agencies, qualified and designated by competent agencies in accordance with specialized laws;
c) Results obtained from the continuous and automatic observation system of wastewater and emission of an organization or individual that are inspected or calibrated by a competent agency as prescribed by law in case the continuous and automatic observation system must be requiring installation and data obtained from that system requiring directly transmission to the provincial-level Department of Natural Resource and Environment for inspection and supervision. If that organization or individual has received warning from competent state agency but still repeats the violation, such results must be compared with the maximum permissible concentration of environmental parameters specified in current technical regulations for determining administrative violations committed by that organization or individual.
3. In case where a competent agency detects an act of administrative violation by using technical means and equipment to record images, the violating individual or organization shall be responsible for cooperating with the competent agency to define objects and acts of violation in the field of environmental protection.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION, FORMS AND LEVELS OF SANCTIONING AND REMEDIAL MEASURES
Article 8. Violations of regulations on implementation of environmental protection plans
1. The acts of violation of regulations on implementation of the environmental protection plan under the competence to certification by the district-level People’s Committee for which the business registration certificates are granted by the district-level People’s Committees or the district-level Business Registration Office shall be sanctioned as follows:
a) A warning shall be imposed for the act of improperly implementing one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision, improving the environment as approved by the competent agencies and specified at Point c of this Clause;
b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of failing to implement one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 1,000,000 and VND 1,500,000 shall be imposed for the act of building or installing equipment or pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities as specified;
d) A fine of between VND 1,500,000 and VND 2,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
2. The acts of violation of regulations on implementation of environmental protection plans under the competence to certification by the district-level People’s Committees other than those specified in Clause 1 of this Article shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of improperly implementing one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to implement one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of building or installing equipment or pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities as specified;
d) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
3. With regard to acts of violation against regulations on implementation of environmental protection plans for which the provincial-level Departments of Natural Resources and Environment have the competence to certify, the sanctions shall be carried out as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of improperly implementing one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to implement one of contents of the environmental protection plan which has been certified by the competent state agency, except for the following cases: environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of building or installing equipment or pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities as specified;
d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
4. With regard to acts of violation of regulations on implementation of the registration form of satisfaction of environmental standards for which ministries or ministerial-level agencies have the competence to certify, the sanctions shall be carried out as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on the act of improperly implementing any of contents in the registration form of satisfaction of environmental standards that are certified by competent state agencies, except for environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
b) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of failing to implement one of contents of the registration for satisfaction of environmental standards which has been certified by the competent state agency, except for the environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of building or installing equipment or pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities as specified;
d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
5. Additional sanctions:
a) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 01 and 03 months, for the violations specified at Point d Clause 2 of this Article;
b) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 03 and 06 months, for the violations specified at Point d, Clause 3 of this Article;
c) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 06 and 09 months, for the violations specified at Point d, Clause 4 of this Article.
6. Remedial measures:
a) Forcible proper operation of the environmental protection facilities or forcible dismantlement of the environmental protection facilities which have been built inconsistently with regulations resulting in the environmental pollution, for the violations specified at Point c Clause 1, Point c Clause 2, Point c Clause 3 and Point c Clause 4 of this Article;
b) Forcible construction of the environmental protection facilities in conformity with technical regulations within the period regulated by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified at Point d Clause 1, Point d Clause 2, Point d Clause 3 and Point d Clause 4 of this Article;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 9. Violations of regulations on implementation of environmental impact assessment report and provision of environmental impact assessment report consulting service
1. The acts of violations of regulations on environmental impact assessment reports which are approved by the provincial-level People’s Committees, ministries or ministerial-level agencies, except for the cases specified in Clause 2 of this Article shall be sanctioned as follows:
a) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the act of failing to send the environmental management plan to the commune-level People’s Committee where consultations have been held during the process of environmental impact assessment for publicizing prior to the commencement of the construction project;
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of improperly or insufficiently preparing one of the contents of the environmental management plan of the project as specified; failing to update the environmental management plan and send it to the commune-level People’s Committee in case there is change in the environmental management and supervision program in course of project implementation;
c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to set up the environmental management plan and send reports to the competent agency or the agency approving the Environmental impact assessment report as specified;
d) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to send written notice to the organization where consultations have been held or the agency approving the environmental impact assessment report on the plan on trial operation of the waste treatment works to serve the operation of a part or entire project at least 10 working days before the trial operation of the waste treatment works, from the date on which the organization or competent agency receives the written notice;
dd) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to timely send report to the agency approving the environmental impact assessment report and the provincial-level specialized agency in charge of environmental protection for providing instructions to respond to the environmental pollution and environmental incidents during the trial operation of the waste treatment works as specified;
e) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of improperly implementing one of contents of the environmental impact assessment report and decision approving the environmental impact assessment report or Certificate of completion of the environmental protection facilities serving the project’s operation (either a part of or the entire project) as specified, except for the environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point b and Point i of this Clause;
g) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to implement one of contents of the environmental impact assessment report and decision approving the environmental impact assessment report or certification of completion of the environmental protection facilities serving the project’s operation (either a part of or the entire project) as specified, except for the environmental supervision and the cases specified at Points a, c, d, dd and m of this Clause;
h) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to prepare, submit for approval and implement the lake bed clean-up plan before storing water or filling up a reservoir before obtaining approval from the agency approving the environmental impact assessment report in case where the project includes the construction of irrigation or hydropower reservoir;
i) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated wastes to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities; failing to perform the trial operation of the waste treatment works at the same time with the trial operation of the project;
k) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of failing to stop the trial operation of the waste treatment works and timely report to the competent state agency for providing instructions to respond to the environmental pollution and environmental incidents; failing to remedy environmental pollution and compensate for damage as prescribed by law; performing the trial operation of the waste treatment works for more than 06 months but failing to obtain approval from the agency approving the environmental impact assessment report;
l) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of failing to prepare and send the report on the environmental protection facilities serving the project’s operation (either a part of or the entire project) to the agency approving the environmental impact assessment report as specified;
m) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of failing to build or install the environmental protection facilities as specified, except for the cases specified at Point e Clause 3 Article 12 and Point k Clause 4 Article 12 of this Decree;
n) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed on the act of failing to obtain a certification of completion of environmental protection facilities serving the project’s operation (either a part of or the entire project) as prescribed by law provisions;
o) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed on the act of failing to re-compile the environmental impact assessment reports of projects as prescribed by law provisions.
2. With regard to acts of violations of regulations on implementation of environmental impact assessment reports for which the Ministry of Natural Resources and Environment has the competence to approve, the sanctions shall be carried out as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to send the environmental management plan to the commune-level People’s Committee where consultations have been held during the process of environmental impact assessment for publicizing prior to the commencement of the construction project;
b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of improperly or insufficiently preparing one of the contents of the environmental management plan of the project as specified; failing to update the environmental management plan and send it to the commune-level People’s Committee in case there is change in the environmental management and supervision program in course of project implementation;
c) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to set up the environmental management plan and send reports to the competent agency or the agency approving the Environmental impact assessment report as specified;
d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to send written notice to the organization where consultations have been held or the agency approving the environmental impact assessment report on the plan on trial operation of the waste treatment works to serve the project’s operation (either a part of or the entire project) at least 10 working days before the trial operation of the waste treatment works, from the date on which the written notice is received by the competent organization or agency;
dd) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to timely send report to the agency approving the environmental impact assessment report and the provincial-level specialized agency in charge of environmental protection for providing instructions to respond to the environmental pollution and environmental incidents during the trial operation of the waste treatment works as specified;
e) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of improperly implementing one of contents of the approved environmental impact assessment report and the decision approving the environmental impact assessment report or Certificate of completion of the environmental protection facilities serving the project’s operation (either a part of or the entire project) as specified, except for the environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point b and Point i of this Clause;
g) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to implement one of contents of the environmental impact assessment report and decision approving the environmental impact assessment report or certification of completion of the environmental protection facilities serving the project’s operation (either a part of or the entire project) as specified, except for the environmental supervision and the cases specified at Points a, c, d, dd and m of this Clause;
h) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of failing to cooperate with competent state agencies in charge of environmental protection in inspecting the implementation of the environmental management plan and works or measures to protect the environment, prevent and respond to the environmental incidents;
i) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities; failing to perform the trial operation of the waste treatment works at the same time with the trial operation of the project; failing to prepare, submit for approval and implement the lake bed clean-up plan before storing water or filling up a reservoir before obtaining approval from the agency approving the environmental impact assessment report in case where the project includes the construction of irrigation or hydropower reservoir;
k) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of failing to stop the trial operation of the waste treatment works and timely report to the competent state agency for providing instructions to respond to the environmental pollution and environmental incidents; failing to remedy environmental pollution and compensate for damage as prescribed by law; performing the trial operation of the waste treatment works for more than 06 months but failing to obtain approval from the agency approving the environmental impact assessment report;
l) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of failing to prepare and send the report on the environmental protection facilities serving the project’s operation (either a part of or the entire project) to the agency approving the environmental impact assessment report as specified;
m) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for the act of failing to build or install the environmental protection facilities as specified, except for the cases specified at Point e Clause 3 Article 12 and Point k Clause 4 Article 12 of this Decree;
n) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed on the act of failing to obtain a certification of completion of environmental protection facilities serving the project’s operation (either a part of or the entire project) as prescribed by law provisions;
o) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed on the act of failing to re-compile the environmental impact assessment reports of projects as prescribed by law provisions.
3. The acts of violation of regulations on provision of environmental impact assessment report consulting service of the project owner shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to employ officers possessing bachelor’s degree or higher in profession related to the project as specified; failing to employ officers possessing bachelor's degree or higher and Certificate of environmental impact assessment consultancy as specified;
b) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of failing to have material – technical facilities and specialized devices for measuring, sampling, processing and analyzing environmental samples, ensuring technical requirements as specified;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of providing untruthful information and data related to the project in the environmental impact assessment report; reporting untruthful information about the environmental status at the project sites and adjacent areas;
d) A fine of between VND 80,000,000 to VND 100,000,000 shall be imposed for the act of making the environmental impact assessment report without fully satisfying conditions for provision of environmental impact assessment report consulting service;
dd) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of providing environmental impact assessment report consulting service in violation of regulations in this Clause resulting in environmental pollution consequences.
4. Additional sanctions:
a) Suspension of the business establishment’s operation for a definite time of between 03 and 06 months to remedy the violations specified at Points i, l, m, n and o Clause 1 and Points i, l, m, n and o Clause 2 of this Article;
b) Suspension of the provision of the environmental impact assessment report consulting service for a definite time of between 03 and 06 months, for the violations specified in Clause 3 of this Article.
5. Remedial measures:
a) Forcible proper operation of the environmental protection facilities, forcible dismantlement of the environmental protection facilities which have been built inconsistently with regulations on environmental protection resulting in the environmental pollution, for the violations specified at Point i Clause 1, Point i Clause 2 of this Article;
b) Forcible construction, installation and operation of the environmental protection facilities, and submission of report on the environmental protection facility implementation results to the agency approving the environmental impact assessment report for inspecting and granting the certification of completion of environmental protection facilities within the period regulated by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified at Points l, m, n and o Clause 1; Points l, m, n and o Clause 2 of this Article;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 10. Violations of regulations on implementation of environmental protection schemes
1. The acts of violation of regulations on implementation of environmental protection schemes under the competence of certification by the Offices of Natural Resources and Environment, the district-level People’s Committees or the provincial-level Departments of Natural Resources and Environment, for which the business registration certificates are granted by the district-level People’s Committees or the district-level Business Registration Offices shall be sanctioned as follows:
a) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of improperly implementing one of contents of the certified environmental protection scheme, except for environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
b) A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of failing to implement one of contents of the certified environmental protection scheme, except for the environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities;
d) A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
2. With regard to acts of violation of regulations on implementation of environmental protection schemes for which Natural Resources and Environment Offices, district-level People's Committees or provincial-level Departments of Natural Resources and Environment have the competence to certify and that do not fall into the cases specified in Clause 1 of this Article, the sanctions shall be carried out as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of improperly implementing one of contents of the certified environmental protection scheme, except for environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to implement one of contents of the certified environmental protection scheme, except for the environmental supervision and the cases specified at Point d of this Clause;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities;
d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to build and install environmental protection facilities as prescribed by law provisions.
3. The acts of violation of regulations on implementation of environmental protection schemes which are approved by the provincial-level Departments of Natural Resources and Environment, the provincial-level People’s Committees, ministries or ministerial-level agencies, except for the cases specified in Clause 4 of this Article, shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to send written reports to the agency approving the environmental protection scheme of the implementation progress and the completion of the environmental protection facilities under the approved environmental protection scheme;
b) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of improperly implementing one of contents of the approved environmental protection scheme, except for the environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point dd of this Clause;
c) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to implement one of contents of the approved environmental protection scheme, except for the environmental supervision and the cases specified at Points a, c and e of this Clause;
d) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities;
dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of failing to build or install environmental protection facilities as prescribed, except for the cases specified at Point e, Clause 3, Article 12 and Point k, Clause 4, Article 12 of this Decree.
4. The acts of violation of regulations on implementation of environmental protection schemes which are approved by the Ministry of Natural Resources and Environment shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to send written reports to the agency approving the environmental protection scheme of the implementation progress and the completion of the environmental protection facilities under the approved environmental protection scheme;
b) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of improperly implementing one of contents of the approved environmental protection scheme, except for environmental supervision, improving the environment as approved by competent agencies and the cases specified at Point c of this Clause;
c) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of failing to implement one of contents of the approved environmental protection scheme, except for the environmental supervision and the cases specified at Points a and dd of this Clause;
d) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to regularly operate or improperly operating the environmental protection facilities;
dd) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed on the act of failing to build or install environmental protection facilities as prescribed, except for the cases specified at Point e, Clause 3, Article 12 and Point k, Clause 4, Article 12 of this Decree.
5. Additional sanctions:
a) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 01 and 03 months, for the violations specified at Point d Clause 2 of this Article;
b) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 03 and 06 months, for the violations specified at Point dd Clause 3 and Point dd Clause 4 of this Article.
6. Remedial measures:
a) Forcible proper operation of the environmental protection facilities, for the violations specified at Point c Clause 2, Point d Clause 3, and Point d Clause 4 of this Article;
b) Forcible construction of the environmental protection facilities within the time limit as regulated by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified at Point d Clause 2, Point dd Clause 3 and Point dd Clause 4 of this Article;
c) Forcible dismantlement of the environmental protection facilities which has been built inconsistently with the contents of the certified or approved environmental protection scheme in case of violating regulations on environmental protection or resulting in the environmental pollution, for the violations specified at Point c Clause 2, Point d Clause 3 and Point d Clause 4 of this Article;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 11. Violations of regulations on environmental protection in production, business and service activities without the environmental protection plan or the environmental impact assessment report
1. With regard to production, business and service activities whose scale and capacity are equivalent to the cases of requiring the formulation of environmental protection plans and the submission of such plans to district-level People's Committees certification, and which are issued with business registration certificates by the district-level People’s Committees or the district-level Business Registration Office, the sanctions shall be carried out as follows:
a) A fine of between VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to remedy the environmental pollution caused by such production, business and service activities;
b) A fine of between VND 1,000,000 and VND 1,500,000 shall be imposed for the act of failing to build the wastewater collection system separately from the rainwater collection system; failing to equip sufficient means and equipment for collecting, storing and classifying solid waste at source; discharging noxious gases to the environment; failing to implement measures for reducing noise and vibration, heat and light radiation adversely impacting the environment and employees; building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities;
c) A fine of between VND 1,500,000 and VND 2,000,000 shall be imposed for the act of failing to build wastewater, dust and emission treatment systems in conformity with technical regulations;
d) A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of failing to have the environmental protection plan certified as specified.
2. With regard to production, business and service activities whose scale and capacity are equivalent to the cases of requiring the formulation of environmental protection plans and the submission of such plans to district-level People's Committees for certification, and which do not fall into the cases specified in Clause 1 of this Article, the sanctions shall be carried out as follows:
a) A fine of between VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to remedy the environmental pollution caused by such production, business and service activities;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to build the wastewater collection system separately from the rainwater collection system; failing to equip sufficient means and equipment for collecting, storing and classifying solid waste at source; discharging noxious gases to the environment; failing to implement measures for reducing noise and vibration, heat and light radiation adversely impacting the environment and employees; building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to build wastewater, dust and emission treatment systems in conformity with technical regulations;
d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to have the environmental protection plan certified as specified.
3. With regard to production, business and service activities whose scale and capacity are equivalent to the cases of requiring the formulation of environmental protection plans and the submission of such plans to provincial-level Departments of Natural Resources and Environment for certification, the sanctions shall be carried out as follows:
a) A fine of between VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to remedy the environmental pollution caused by such production, business and service activities;
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to build the wastewater collection system separately from the rainwater collection system; failing to equip sufficient means and equipment for collecting, storing and classifying solid waste at source; discharging noxious gases to the environment; failing to implement measures for reducing noise and vibration, heat and light radiation adversely impacting the environment and employees; building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities;
c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to build wastewater, dust and emission treatment systems in conformity with technical regulations;
d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to have the environmental protection plan certified as specified.
4. With regard to production, business and service activities whose scale and capacity are equivalent to the cases of requiring the formulation of environmental impact assessment reports and the submission of such reports to provincial-level People's Committees, ministries and ministerial-level agencies for approval, except for the cases specified in Clause 5 of this Article, the sanctions shall be carried out as follows:
a) A fine of between VND 20,000,000 to VND 50,000,000 shall be imposed for the act of failing to remedy the environmental pollution caused by such production, business and service activities;
b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of failing to build the wastewater collection system separately from the rainwater collection system; failing to equip sufficient means and equipment for collecting, storing and classifying solid waste at source; discharging noxious gases to the environment; failing to implement measures for reducing noise and vibration, heat and light radiation adversely impacting the environment and employees; building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities;
c) A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for the act of failing to build wastewater, dust and emission treatment systems in conformity with technical regulations;
d) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of failing to have the Environmental impact assessment reports approved as specified.
5. With regard to production, business and service activities whose scale and capacity are equivalent to the cases of requiring the formulation of environmental impact assessment reports and the submission of such reports to the Ministry of Natural Resources and Environment for approval, the sanctions shall be carried out as follows:
a) A fine of between VND 50,000,000 to VND 100,000,000 shall be imposed for the act of failing to remedy the environmental pollution caused by such production, business and service activities;
b) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to build the wastewater collection system separately from the rainwater collection system; failing to equip sufficient means and equipment for collecting, storing and classifying solid waste at source; discharging noxious gases to the environment; failing to implement measures for reducing noise and vibration, heat and light radiation adversely impacting the environment and employees; building or installing equipment, pipes or other discharging systems to discharge untreated waste to the environment; failing to conduct regular operation or improperly operating the environmental protection facilities;
c) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of failing to build wastewater, dust and emission treatment systems in conformity with technical regulations;
d) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to have the environmental impact assessment reports approved as specified.
6. Additional sanctions:
a) Suspension of the business establishment’s operation for a definite time of between 03 and 06 months, for the acts of violation specified at Point c Clause 2, Point c Clause 3, Point c Clause 4 and Point c Clause 5 of this Article;
b) Suspension of the business establishment’s operation or activities causing environmental pollution of the concentrated production, business or service zones for a definite time of between 06 and 12 months, for the violations specified at Point d Clause 2, Point d Clause 3, Point d Clause 4 and Point d Clause 5 of this Article.
7. Remedial measures:
a) Forcible application of measures for managing solid waste and hazardous waste, reducing the noise and vibration, heat and light radiation, and treating wastewater and emission in conformity with technical regulations on waste within the period as regulated by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 12. Violations of regulations on environmental protection at business establishments, industrial parks, export processing zones, high-tech parks, industrial clusters, concentrated business or service zones, craft villages and aquaculture zones
1. Individuals or organization involved in production and business activities or provision of services in craft villages that commit acts of administrative violation in the field of environmental protection shall be sanctioned like those conducting production and business activities or providing services outside craft villages as specified in this Decree.
2. The acts of violation of regulations on environmental protection in commercial operations of infrastructure of concentrated business or service zones shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to appoint employees to take charge of the environmental protection;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to formulate the environmental protection plan as specified;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to build solid waste collection and storage systems as specified;
d) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of failing to build wastewater collection and treatment systems in conformity with regulations on environmental protection as specified.
3. The acts of violation of regulations on environmental protection in commercial operations of infrastructure of industrial clusters shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to appoint employees to take charge of the environmental protection as specified;
b) A fine of between VND 10,000,000 and VND 50,000,000 shall be imposed for the act of failing to formulate the environmental protection plan as specified;
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of failing to set up a thorough connection between the wastewater discharging points of production, business and service establishments, and the centralized wastewater treatment system of the industrial cluster (except for cases where it is allowed to exempt the connection of wastewater after treatment that meets the standards for discharging to the environment outside the management scope of the industrial cluster); failing to control leading to the discharging wastewater into the rainwater drainage system of the industrial cluster by production, business and service establishments;
d) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to build rainwater collection systems separately from wastewater systems as specified;
dd) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of building the centralized wastewater treatment system inconsistently with the regulations or failing to satisfy requirements on environmental protection as specified;
e) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to build the centralized wastewater treatment system as specified.
4. The acts of violation of regulations on environmental protection in commercial operations of infrastructure of industrial parks, export processing zones and high-tech parks shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to submit reports on environmental protection facilities as specified;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to establish a qualified division specializing in environmental protection as specified; failing to appoint employees in charge of managing the centralized wastewater treatment plant as specified;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to ensure minimum area of green trees within an industrial park, export processing zone, or high-tech park; failing to comply with the planning for functional areas in the industrial park, export processing zone, or high-tech park as specified;
d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to sufficiently record any of the following contents in the operation logbook: the volume of discharged wastewater, the volume of consumed electricity, the amount of used chemicals, and produced waste sludge;
dd) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to have the operation logbook of the centralized wastewater treatment plant; failing to formulate plans for preventing and responding environmental incidents as specified;
e) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of failing to equip instruments for measuring the input flow at the centralized wastewater treatment plant as specified; failing to install a separate electricity meter for the centralized wastewater treatment plant of the industrial park, export processing zone or high-tech park;
g) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of failing to connect or failing to thoroughly connect the wastewater discharging points of production, business and service establishments, and the centralized wastewater treatment system of the industrial park, the export processing zone or the high-tech park as specified; failing to control leading to the discharging wastewater into the rainwater treatment system of the industrial park, the export processing zone or the high-tech park by production, business and service establishments;
h) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to build the rainwater collection system separately from the wastewater treatment system as specified;
i) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of building and installing the centralized wastewater treatment system inconsistently with the regulations or failing to satisfy requirements on environmental protection as specified;
k) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed for the act of failing to build the centralized wastewater treatment system as specified.
5. The acts of violation of regulations on environmental protection in aquaculture shall be sanctioned as follows:
a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to dredge and treat mud and residual feed when cleaning aquaculture ponds as specified; discharging aquaculture water in excess of the permissible limits of water used for aquaculture purposes specified in relevant technical regulations inconsistently with local regulations;
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to implement environmental restoration measures after stopping aquaculture activities as specified;
c) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of using toxic chemicals or toxic accumulation in aquaculture establishments;
d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of building aquaculture establishments in the alluvial plains where coastal estuaries are being formed;
dd) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of destroying mangrove forests for aquaculture purpose.
6. The acts of violation of regulations on environmental protection in industrial parks, export processing zones, high-tech parks and industrial clusters shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to implement or improperly implementing regulations on environmental protection by the project owner in construction and commercial operation of infrastructure of the industrial park, the export processing zone, the high-tech park or the industrial cluster, except for the cases specified at Point b of this Clause;
b) A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater containing any of the environmental parameter in excess of from 10% to 20% of the permissible limit of received wastewater specified in relevant technical regulations by the project owner in construction and commercial operation of infrastructure of the industrial park, the export processing zone, the high-tech park or the industrial cluster; this fine shall be increased by 10%, 20%, 30%, 40%, 50%, 60%, 70%, and 80% for discharging the wastewater in excess of 20%-30%, 30%-40%, 40%-50%, 50%-60%, 60%-70%, 70%-80%, 80%-90%, and 90%-100% respectively of the regulated limit of discharged wastewater; this fine shall be increased by 100% for discharging the wastewater in excess of 100% or above of the regulated limit of discharged wastewater;
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of illegally discharging untreated wastewater into the rainwater drainage system of the industrial park, the export processing zone, the high-tech park or the industrial cluster.
7. The acts of violation of regulations on environmental supervision (including continuous and automatic observation systems of wastewater or emission; supervision of surrounding environment and periodical waste supervision) and other violations of regulations on environmental protection in production and business activities and service provision shall be sanctioned as follows:
a) A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of failing to conduct the environmental supervision in case where the environmental supervision is compulsory in the environmental protection plans or schemes which are certified by District-level People's Committees; improperly or insufficiently conducting (in terms of parameters, location or frequency of supervision) or failing to conduct the supervision of surrounding environment as specified or at the request of competent agencies in cases where the registration for satisfaction of environmental standards, the environmental protection plans or schemes and similar environmental dossiers are certified by the provincial-level Departments of Natural Resources and Environment or the Management Boards of industrial parks, export processing zones or economic zones;
b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of improperly or insufficiently conducting periodical or irregular waste supervision (in terms of parameters, location, frequency of supervision as once for every 03 months) in cases where the registration for satisfaction of environmental standards, the environmental protection plans or schemes and similar environmental dossiers are certified by the provincial-level Departments of Natural Resources and Environment or the Management Boards of industrial parks, export processing zones or economic zones; improperly or insufficiently conducting (in terms of parameters, location or frequency of supervision) or failing to conduct the supervision of surrounding environment as specified or at the request of competent agencies in cases where the environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers are certified by Provincial-level People’s Committees or agencies authorized by Provincial-level People’s Committees;
c) A fine of between VND 15,000,000 to VND 20,000,000 shall be imposed for the act of improperly or insufficiently conducting periodical or irregular waste supervision (in terms of parameters, location, frequency of supervision as once for every 03 months) for the cases where the environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers are approved by the Provincial-level People’s Committees or agencies authorized by Provincial-level People’s Committees; failing to submit reports on the periodical waste supervision (before January 31 every year) or on the irregular waste supervision to agencies that have certified the registration for satisfaction of environmental standards, the environmental protection plans or schemes and similar environmental dossiers under the competence of the provincial-level Departments of Natural Resources and Environment or the Management Boards of industrial parks, export processing zones or economic zones; improperly or insufficiently conducting (in terms of parameters, location or frequency of supervision) or failing to conduct the supervision of surrounding environment as specified or at the request of competent state agencies in cases where the registration for satisfaction of environmental standards and similar environmental dossiers are certified by the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies;
d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of improperly or insufficiently conducting periodical waste supervision (in terms of parameters, location, frequency of supervision as once for every 03 months) or failing to conduct the irregular waste supervision in cases where the registration for satisfaction of environmental standards and similar environmental dossiers are certified by the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies; failing to submit reports on the periodical waste supervision (before January 31 every year) or on the irregular waste supervision to the Provincial-level People’s Committees or agencies authorized by Provincial-level People’s Committees that have given approval for the Environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers; improperly or insufficiently conducting (in terms of parameters, location or frequency of supervision) or failing to conduct the supervision of surrounding environment as specified or at the request of competent state agencies in cases where the Environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers are approved by the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies;
dd) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of improperly or insufficiently conducting periodical waste supervision (in terms of parameters, location, frequency of supervision as once for every 03 months) or failing to conduct the irregular waste supervision in cases where the Environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers are approved by the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies; failing to submit reports on the periodical waste supervision (before January 31 every year) or on the irregular waste supervision to the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies that have given certification of the registration for satisfaction of environmental standards and similar environmental dossiers;
e) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to submit reports on the periodical waste supervision (before January 01 of every year) or on the irregular waste supervision to the Ministry of Natural Resources and Environment, ministries or ministerial-level agencies that have approved the Environmental impact assessment reports, the environmental protection schemes and similar environmental dossiers; coordinating with units that fail to obtain Certificate of eligibility for provision of environmental observation services (according to the sector and scope of certification) in conducting environmental monitoring or supervision, except for the cases where a public non-business unit is established and designated by the Provincial-level People’s Committee or the Ministry of National Defence or the Ministry of Public Security to conduct the environmental observation or supervision in that province or in national defense and security fields;
g) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of failing to operate or improperly operating the continuous and automatic wastewater or emission observation system or equipment; failing to retain wastewater or emission monitoring data or failing to transmit monitoring data at the request of a competent agency;
h) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to install any of the parameters of the continuous and automatic wastewater or emission observation system or equipment as specified or as requested by a competent agency;
i) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of failing to set up the continuous and automatic wastewater or emission observation system or equipment as specified or as requested by a competent agency;
k) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of building or installing the pipes or the discharging sluice at locations inconvenient for the inspection without the approval from the competent agency; or diluting the treated wastewater or emission for the purpose of meeting requirements of technical regulations on waste.
8. Additional sanctions:
a) Suspension of the industrial clusters' or the concentrated business or service zones' operation causing environmental pollution for a definite time of between 03 and 06 months, for the acts of violation specified at Point d Clause 2 and Point e Clause 3 of this Article;
b) Suspension of the industrial park's, the export processing zone's or the high-tech park's operation causing environmental pollution for a definite time of between 06 and 09 months, for the acts of violation specified at Point k Clause 4 and Point c Clause 6 of this Article.
9. Remedial measures:
a) Forcible application of measures to manage solid waste, hazardous waste, reduce noise, vibration, and treat wastewater and emissions to meet the technical regulations on wastes within the time limit prescribed by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified in this Article;
b) Forcible demolition of aquaculture facilities; forcible application of environmental restoration measures, for the acts of violation specified at Points d and dd Clause 5 of this Article; forcible installation of automatic and continuous wastewater or emission observation equipment and systems within the time limit prescribed by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified at Points h and i, Clause 7 of this Article; forcible building or installation of pipes and outlets used for discharging wastewater into the environment at locations convenient for the inspection and supervision; or forcible demolition of facilities and equipment used for diluting wastes and forcible treatment of wastes in accordance with the technical regulations on wastes within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified at Point k, Clause 7 of this Article;
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 13. Violations of regulations on discharging wastewater containing normal environmental parameters into the environment
1. A warning shall be imposed for the act of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times (the volume of discharged wastewater exceeding the permissible limit specified in the technical regulation is 10%).
2. The acts of discharging the wastewater in excess of the permissible limits specified in the technical regulation on waste from 1.1 times to less than 1.5 times or having the discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times in case of recidivism or repeated administrative violation, shall be sanctioned as follows:
a) A fine of between VND 300,000 and VND 500,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 500,000 and VND 2,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 70,000,000 and VND 80,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 80,000,000 and VND 90,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 170,000,000 and VND 190,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 190,000,000 and VND 210,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 210,000,000 and VND 230,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 250,000,000 and VND 270,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 270,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
3. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 1.5 times to less than 03 times shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
4. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 03 times to less than 05 times shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
5. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 05 times to less than 10 times shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
6. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 10 times or more shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
7. An additional fine equal to 10% of the highest fine level shall be imposed for the act of violating regulations specified in this Article for each environmental parameter exceeding the technical regulation from 1.1 to less than 1.5 times; an additional fine equal to 20% shall be imposed for each environmental parameter exceeding the technical regulation from 1.5 to less than 02 times; an additional fine equal to 30% shall be imposed for each environmental parameter exceeding the technical regulation from 02 to less than 05 times or the pH value is from 04 to the permissible lower limit specified in the technical regulation or from the permissible upper limit specified in the technical regulation to less than 10.5, or the discharged wastewater contains any of 03 following bacteria: Salmonella, Shigella, Vibrio cholerae; an additional fine equal to 40% shall be imposed for each environmental parameter exceeding the technical regulation from 05 to less than 10 times; an additional fine equal to 50% shall be imposed for each environmental parameter exceeding the technical regulation 10 times or more. The total fine for each act of violation shall not exceed VND 1,000,000,000.
8. Additional sanctions:
a) Suspension of the business establishments’ or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 03 months and 06 months for violations specified at Points i, k, l, m, n, o, p, q, r, s, t and u, Clause 4, and Points h, i, k, l, m, n, o, p, q, r, s and t, Clause 5 and Points g, h, i, k, l, m, n, o, p, q, r and s, Clause 6 of this Article;
b) Suspension of the business establishments’ operation or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 06 and 12 months, for the violations specified at Points uu, v, x and y Clause 4, Points u, uu, v, x and y Clause 5 and Points t, u, uu, v, x and y Clause 6 of this Article.
9. Remedial measures:
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified in this Article.
b) Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article;
c) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
Article 14. Violations of regulations on discharging wastewater containing hazardous environmental parameters into the environment
1. A warning shall be imposed for the act of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times (the volume of discharged wastewater exceeding the permissible limit specified in the technical regulation is 10%).
2. The acts of discharging the wastewater in excess of the permissible limits specified in the technical regulation on waste from 1.1 times to less than 1.5 times or having the discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times in case of recidivism or repeated administrative violation, shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 170,000,000 and VND 190,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 190,000,000 and VND 210,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 210,000,000 and VND 230,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 250,000,000 and VND 270,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 270,000,000 and VND 290,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 290,000,000 and VND 310,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 310,000,000 and VND 330,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 330,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 350,000,000 and VND 370,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 370,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
3. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 1.5 times to less than 02 times shall be sanctioned as follows:
a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 5,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
4. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 02 times to less than 03 times shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
5. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 03 times to less than 05 times shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
6. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 05 times or more, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
7. The acts of discharging the wastewater containing any of 03 following bacteria: Salmonella, Shigella, Vibrio cholerae as specified in the national technical regulation on medical wastewater or discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste with the pH value of from 4 to under the permissible lower limit specified in the technical regulation or from the permissible upper limit specified in the technical regulation to under 10.5 shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
8. The acts of discharging the wastewater containing two or all of three following bacteria: Salmonella, Shigella, Vibrio cholerae as specified in the national technical regulation on medical wastewater or discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste with the pH value of from 02 to under 04 or from 10.5 to under 12.5 shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above.
9. The acts of discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste with the pH value of from 0 to under 2 or from 12.5 to under 14, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of discharging the wastewater with the volume of less than 05 m³/day (24 hours);
b) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 05 m³/day (24 hours) to less than 10 m³/day (24 hours);
c) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 10 m³/day (24 hours) to less than 20 m³/day (24 hours);
d) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 20 m³/day (24 hours) to less than 40 m³/day (24 hours);
dd) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 40 m³/day (24 hours) to less than 60 m³/day (24 hours);
e) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 60 m³/day (24 hours) to less than 80 m³/day (24 hours);
g) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 80 m³/day (24 hours) to less than 100 m³/day (24 hours);
h) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 100 m³/day (24 hours) to less than 200 m³/day (24 hours);
i) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 200 m³/day (24 hours) to less than 400 m³/day (24 hours);
k) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 400 m³/day (24 hours) to less than 600 m³/day (24 hours);
l) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 600 m³/day (24 hours) to less than 800 m³/day (24 hours);
m) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 800 m³/day (24 hours) to less than 1,000 m³/day (24 hours);
n) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,000 m³/day (24 hours) to less than 1,200 m³/day (24 hours);
o) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,200 m³/day (24 hours) to less than 1,400 m³/day (24 hours);
p) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,400 m³/day (24 hours) to less than 1,600 m³/day (24 hours);
q) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,600 m³/day (24 hours) to less than 1,800 m³/day (24 hours);
r) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 1,800 m³/day (24 hours) to less than 2,000 m³/day (24 hours);
s) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,000 m³/day (24 hours) to less than 2,500 m³/day (24 hours);
t) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 2,500 m³/day (24 hours) to less than 3,000 m³/day (24 hours);
u) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,000 m³/day (24 hours) to less than 3,500 m³/day (24 hours);
uu) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 3,500 m³/day (24 hours) to less than 4,000 m³/day (24 hours);
v) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,000 m³/day (24 hours) to less than 4,500 m³/day (24 hours);
x) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the act of discharging the wastewater with the volume of from 4,500 m³/day (24 hours) to less than 5,000 m³/day (24 hours);
y) A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the act of discharging the wastewater with the volume of 5,000 m³/day (24 hours) or above, except for environmental crimes.
10. A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the act of discharging the wastewater containing radioactive substances causing the environmental radioactive contamination in excess of the permissible limit specified in the technical regulation, except for environmental crimes.
11. An additional 10% of the highest fine for the acts of violation specified in this Article shall be imposed for each environmental parameter contained in the discharged wastewater exceeds the permissible limit specified in the technical regulation 1.1 times to less than 1.5 times; an additional 20% of the highest fine for the acts of violation specified in this Article shall be imposed for each environmental parameter contained in the discharged wastewater exceeds the permissible limit specified in the technical regulation 1.5 times to less than 02 times. An additional 30% of the highest fine for the acts of violation specified in this Article shall be imposed for each environmental parameter contained in the discharged wastewater exceeds the permissible limit specified in the technical regulation 02 times to less than 03 times, or the pH value from 04 to the permissible lower limit specified in the technical regulation or from the permissible upper limit specified in the technical regulation to under 10.5, or the discharged wastewater containing any of 03 following bacteria: Salmonella, Shigella, Vibrio cholerae. An additional 40% of the highest fine for the acts of violation specified in this Article shall be imposed for each environmental parameter contained in the discharged wastewater exceeds the permissible limit specified in the technical regulation from 03 times to less than 05 times, or the pH value from 02 to under 04 or from 10.5 to under 12.5, or the discharged wastewater containing two or all of 03 following bacteria: Salmonella, Shigella, Vibrio cholerae. An additional 50% of the highest fine for the acts of violation specified in this Article shall be imposed for each environmental parameter contained in the discharged wastewater exceeds the permissible limit specified in the technical regulation 05 times or more, or the pH value under 02 or from 12.5 to 14. The total fine for each act of violation shall not exceed VND 1,000,000,000.
12. Additional sanctions:
a) Suspension of the business establishments’ or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 03 months and 06 months for the acts of violation specified at Points h, i, k, l, m, n, o, p, q, r, s and t, Clause 4, and Points g, h, i, k, l, m, n, o, p, q, r and s, Clause 5, and Points e, g, h, i, k, l, m, n, o, p, q and r Clause 6, Points h, i, k, l, m, n, o, p, q, r, s and t Clause 7, Points g, h, i, k, l, m, n, o, p, q, r and s, Clause 8 and Points e, g, h, i, k, l, m, n, o, p, q and r, Clause 9 of this Article;
c) Suspension of the business establishments’ operation or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 06 months and 12 months, for the violations specified at Points u, uu, v, x and y Clause 4, Points t, u, uu, v, x and y Clause 5 and Points s, t, u, uu, v, x and y Clause 6, Points u, uu, v, x and y Clause 7, Points t, u, uu, v, x and y Clause 8, Points s, t, u, uu, v and x Clause 9, and Clause 10 of this Article.
13. Remedial measures:
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified in this Article.
b) Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article;
c) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
Article 15. Violations of regulations on discharging dust and emission containing normal environmental parameters into the environment
1. A warning shall be imposed for the act of emitting unpleasant odors into the environment; discharging dust and emission in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times (the volume of discharged dust and emission exceeding the permissible limit specified in the technical regulation is 10%).
2. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 1.1 times to less than 1.5 times or having the discharging the dust and emissions in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times in case of recidivism or repeated administrative violation shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
3. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 1.5 times to less than 02 times shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
4. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 02 times to less than 03 times shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
5. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste 03 times or more, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
6. An additional fine equal to 10% of the highest fine level shall be imposed on the act of violating regulations specified in this Article for each environmental parameter exceeding the technical regulation from 1.1 to less than 1.5 times; an additional fine equal to 20% shall be imposed for each environmental parameter exceeding the technical regulation from 1.5 to less than 02 times; an additional fine equal to 30% shall be imposed for each environmental parameter exceeding the technical regulation from 02 to less than 03 times; an additional fine equal to 40% shall be imposed for each environmental parameter exceeding the technical regulation 03 times or more. The total fine for each act of violation shall not exceed VND 1,000,000,000.
7. Additional sanctions:
a) Suspension of the business establishments’ or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 03 months and 06 months, for the acts of violation specified at Points i, k, l, m, n, o, p, q, r and s, Clause 2, and Points h, i, k, l, m, n, o, p, q and r, Clause 3, and Points g, h, i, k, l, m, n, o, p and q Clause 4, Points e, g, h, i, k, l, m, n, o and p Clause 5 of this Article;
b) Suspension of the business establishment’s operation for a definite time of between 06 and 12 months, for the acts of violation specified at Points t, u, uu and v Clause 2, Points s, t, u, uu and v Clause 3, Points r, s, t, u, uu and v Clause 4 and Points q, r, s, t, u, uu and v Clause 5 of this Article.
8. Remedial measures:
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified in this Article.
b) Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article;
c) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
Article 16. Violations of regulations on discharging dust and emission containing hazardous environmental parameters into the environment
1. A warning shall be imposed for the act of discharging chemicals or organic solvent vapors in the production zone or residential area causing a typical smell of such chemicals or organic solvent vapors; discharging dust and emission in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times (the volume of discharged dust and emission exceeding the permissible limit specified in the technical regulation is 10%).
2. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 1.1 times to less than 1.5 times or having the discharging the dust and emissions in excess of the permissible limit specified in the technical regulation on waste less than 1.1 times in case of recidivism or repeated administrative violation shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
3. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 1.5 times to less than 02 times shall be sanctioned as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
4. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste from 02 times to less than 03 times shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
5. The acts of discharging dust and emission in excess of the permissible limits specified in the technical regulation on waste 03 times or more, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed in case the waste gas flow is less than 500 m³/hour;
b) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed in case the waste gas flow is from 500 m³/hour to less than 5,000 m³/hour;
c) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed in case the waste gas flow is from 5,000 m³/hour to less than 10,000 m³/hour;
d) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed in case the waste gas flow is from 10,000 m³/hour to less than 15,000 m³/hour;
dd) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed in case the waste gas flow is from 15,000 m³/hour to less than 20,000 m³/hour;
e) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed in case the waste gas flow is from 20,000 m³/hour to less than 25,000 m³/hour;
g) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed in case the waste gas flow is from 25,000 m³/hour to less than 30,000 m³/hour;
h) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed in case the waste gas flow is from 30,000 m³/hour to less than 35,000 m³/hour;
i) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed in case the waste gas flow is from 35,000 m³/hour to less than 40,000 m³/hour;
k) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed in case the waste gas flow is from 40,000 m³/hour to less than 45,000 m³/hour;
l) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed in case the waste gas flow is from 45,000 m³/hour to less than 50,000 m³/hour;
m) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed in case the waste gas flow is from 50,000 m³/hour to less than 55,000 m³/hour;
n) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed in case the waste gas flow is from 55,000 m³/hour to less than 60,000 m³/hour;
o) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed in case the waste gas flow is from 60,000 m³/hour to less than 65,000 m³/hour;
p) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed in case the waste gas flow is from 65,000 m³/hour to less than 70,000 m³/hour;
q) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed in case the waste gas flow is from 70,000 m³/hour to less than 75,000 m³/hour;
r) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed in case the waste gas flow is from 75,000 m³/hour to less than 80,000 m³/hour;
s) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed in case the waste gas flow is from 80,000 m³/hour to less than 85,000 m³/hour;
t) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed in case the waste gas flow is from 85,000 m³/hour to less than 90,000 m³/hour;
u) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed in case the waste gas flow is from 90,000 m³/hour to less than 95,000 m³/hour;
uu) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed in case the waste gas flow is from 95,000 m³/hour to less than 100,000 m³/hour;
v) A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed in case the waste gas flow is 100,000 m³/hour or more.
6. A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the act of discharging dust or emission containing radioactive substances causing the environmental radioactive contamination in excess of the permissible limit specified in the technical regulation, except for environmental crimes.
7. An additional fine equal to 10% of the highest fine level shall be imposed on the act of violating regulations specified in this Article for each environmental parameter exceeding the technical regulation from 1.1 to less than 1.5 times; an additional fine equal to 20% shall be imposed for each environmental parameter exceeding the technical regulation from 1.5 to less than 02 times; an additional fine equal to 30% shall be imposed for each environmental parameter exceeding the technical regulation from 02 to less than 03 times; an additional fine equal to 40% shall be imposed for each environmental parameter exceeding the technical regulation 03 times or more. The total fine for each act of violation shall not exceed VND 1,000,000,000.
8. Additional sanctions:
a) Suspension of the business establishments’ or concentrated production, business or service zones’ activities causing environmental pollution for a definite time of between 03 months and 06 months, for the acts of violation specified at Points h, i, k, l, m, n, o, p, q and r, Clause 2, and Points g, h, i, k, l, m, n, o, p and q, Clause 3, and Points e, g, h, i, k, l, m, n, o and p Clause 4, Points dd, e, g, h, i, k, l, m, n and o Clause 5 of this Article;
b) Suspension of the business establishment’s operation for a definite time of between 06 and 12 months, for the acts of violation specified at Points s, t, u, uu and v Clause 2, Points r, s, t, u, uu and v Clause 3, Points q, r, s, t, u, uu and v Clause 4 and Points p, q, r, s, t, u, uu and v Clause 5 and Clause 6 of this Article.
9. Remedial measures:
a) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction and specified in the decision on sanctioning of administrative violations, for the violations specified in this Article.
b) Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article;
c) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
Article 17. Violations of regulations on noise
1. A warning shall be imposed for the acts of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of less than 02 dBA.
2. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 02 dBA to less than 05 dBA.
3. A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 05 dBA to less than 10 dBA.
4. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 10 dBA to less than 15 dBA.
5. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 15 dBA to less than 20 dBA.
6. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 20 dBA to less than 25 dBA.
7. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 25 dBA to less than 30 dBA.
8. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 30 dBA to less than 35 dBA.
9. A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of from 35 dBA to less than 40 dBA.
10. A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of generating noise at a level in excess of the permissible level specified in the technical regulation on noise of above 40 dBA.
11. Additional sanctions:
b) Suspension of the business establishment’s operation causing noise for a definite time of between 03 months and 06 months, for the violations specified in Clauses 4, 5, 6 and 7 of this Article;
b) Suspension of the business establishment's operations for a definite time of between 06 months and 12 months, for the acts of violation specified in Clauses 8, 9 and 10 of this Article.
12. Remedial measures:
a) Forcible implementation of measures to reduce the noise to the permissible level specified in the technical regulation on noise within the period regulated by the person competent to sanction in in the decision on sanctioning of administrative violations, for the violations specified in this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for activities generating noise in excess of the permissible limits specified in environmental technical regulations or resulting in the noise pollution according to current norms and prices, for the violations specified in this Article.
Article 18. Violations of regulations on vibration
1. The acts of violation of regulations on vibration in construction shall be sanctioned as follows:
a) A warning shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of less than 02 dB;
b) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 02 dB to less than 05 dB;
c) A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 05 dB to less than 10 dB;
d) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 10 dB to less than 15 dB;
dd) A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 15 dB to less than 20 dB;
e) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 20 dB to less than 25 dB;
g) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 25 dB to less than 30 dB;
h) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 30 dB to less than 35 dB;
i) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 35 dB to less than 40 dB;
k) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of 40 dB or above.
2. The acts of violation of regulations on vibration in production and commercial activities, and service provision shall be sanctioned as follows:
a) A warning shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of less than 02 dB;
b) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 02 dB to less than 05 dB;
c) A fine of between VND 5,000,000 and VND 30,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 05 dB to less than 10 dB;
d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 10 dB to less than 15 dB;
dd) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 15 dB to less than 20 dB;
e) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 20 dB to less than 25 dB;
g) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 25 dB to less than 30 dB;
h) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 30 dB to less than 35 dB;
i) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of from 35 dB to less than 40 dB;
k) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the act of causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of 40 dB or above.
3. Additional sanctions:
a) Suspension of the business establishment’s activities causing vibration for a period of between 03 months and 06 months, for the acts of violation specified at Points d, dd, e and g, Clause 1, and Points d, dd, e and g, Clause 2 of this Article;
b) Suspension of the business establishment’s operation for a definite time of between 06 months and 12 months, for the acts of violation specified at Points h, i and k Clause 1 and Points h, i and k Clause 2 of this Article.
4. Remedial measures:
a) Forcible implementation of measures to reduce the vibration to the permissible limit specified in the technical regulation on vibration within the period regulated by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for activities causing the vibration in excess of the permissible limits specified in environmental technical regulations according to current norms and prices, for the violations specified in this Article.
Article 19. Acts of violation causing soil, water or air pollution, or causing long-lasting or serious environmental pollution
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of discharging cesspit waste, toxic chemicals or pathogenic sources into the environment in contravention of the regulations on environmental protection.
2. The acts of causing the soil or water pollution (including groundwater, surface water inside and outside the business establishment) or the air pollution at a level in excess of the permissible limits specified in technical regulations on soil, water and surrounding air shall be sanctioned as follows:
a) A fine of between VND 50,000,000 and VND 80,000,000 shall be imposed in case the content of soil, water or air pollutant (environmental parameter) exceeds the permissible limit specified in relevant technical regulation less than 03 times (for hazardous environmental parameters) or less than 05 times for normal environmental parameters);
b) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed in case the content of soil, water or air pollutant (environmental parameter) exceeds the permissible limit specified in relevant technical regulation from 03 to less than 05 times (for hazardous environmental parameters) or from 05 to less than 10 times (for normal environmental parameters);
c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed in case the content of soil, water or air pollutant (environmental parameter) exceeds the permissible limit specified in relevant technical regulation 05 times or more (for hazardous environmental parameters) or 10 times or more (for normal environmental parameters).
3. An additional fine equal to 20% to 30% of the above-mentioned fines shall be imposed for the acts of violation specified in Clauses 13 thru 16; Clause 3, Point d Clause 6 and Clause 9 Article 20; Point a Clause 8, Clause 9 and Clause 10 Article 21; Clause 8 and Clause 9 Article 22; Clause 7 and Clause 8 Article 23; Clauses 4, 5 and 6 Article 27; Clause 4 Article 32; or the acts of violation in the ecological restoration regions or strictly protected zones of sanctuaries in which the content of soil, water or air pollutant exceeds the permissible limit specified in technical regulations soil, water and surrounding air less than 03 times (for hazardous environmental parameters) or less than 05 times (for normal environmental parameters). The total fine for each act of violation shall not exceed VND 1,000,000,000.
4. An additional fine equal to 30% to 40% of the above-mentioned fines shall be imposed for the acts of violation specified in Articles 13, 14, 15 and 16; Clause 3, Point d Clause 6 and Clause 9 Article 20; Point a Clause 8, Clause 9 and Clause 10 Article 21; Clause 8 and Clause 9 Article 22; Clause 7 and Clause 8 Article 23; Clauses 4, 5 and 6 Article 27; Clause 4 Article 32; or the acts of violation in the ecological restoration regions or strictly protected zones of sanctuaries in which the content of soil, water or air pollutant exceeds the permissible limit specified in technical regulations soil, water and surrounding air 03 to less than 05 times (for hazardous environmental parameters) or 05 to less than 10 times (for normal environmental parameters). The total fine for each act of violation shall not exceed VND 1,000,000,000.
5. An additional fine equal to 40% to 50% of the above-mentioned fines shall be imposed for the acts of violation specified in Articles 13, 14, 15 and 16; Clause 3, Point d Clause 6 and Clause 9 Article 20; Point a Clause 8, Clause 9 and Clause 10 Article 21; Clause 8 and Clause 9 Article 22; Clause 7 and Clause 8 Article 23; Clauses 4, 5 and 6 Article 27; Clause 4 Article 32; or the acts of violation in the ecological restoration regions or strictly protected zones of sanctuaries in which the content of soil, water or air pollutant exceeds the permissible limit specified in technical regulations soil, water and ambient air 05 times or more (for hazardous environmental parameters) or 10 times or more (for normal environmental parameters). The total fine for each act of violation shall not exceed VND 1,000,000,000.
6. A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of keeping or repeating the commitment of any of the following violations resulting in the long-lasting environmental pollution, which has been administratively sanctioned:
a) Discharging the wastewater in excess of the permissible limit specified in the technical regulation on waste 03 times or more (for normal environmental parameters) or 02 times or more (for hazardous environmental parameters);
b) Discharging emission in excess of the permissible limit specified in the technical regulation on waste 02 times or more (for normal environmental parameters) or 1.5 times or more (for hazardous environmental parameters);
c) Generating noise in excess of the permissible level specified in the technical regulation on noise of 10 dBA or above, or causing the vibration in excess of the permissible limits specified in the technical regulation on vibration of 20 dB or above.
7. The acts of violation of regulations on environmental protection committed by establishments in the list of business establishments causing serious environmental pollution shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to post the summary of the action plan on thoroughly handling environmental pollution at the operating location, or failing to send such summary to the commune-level People’s Committee for publicizing, or failing to send the plans or periodical reports on the implementation progress of thoroughly treating environmental pollution to the competent agency for direction;
b) A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed for the act of failing to formulate the action plan on thoroughly treating environmental pollution;
c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of failing to take measures to reduce the pollution when thoroughly treating environmental pollution;
d) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to take measures to prevent and reduce causes of environmental pollution, and prevent the spread of pollution or the influence of pollution on surroundings when thoroughly treating environmental pollution;
dd) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of failing to strictly comply with contents, requirements and progress of thoroughly treating environmental pollution;
e) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to implement measures to thoroughly treat environmental pollution.
8. Additional sanctions:
a) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 01 month and 03 months, for the violations specified at Points c and d, Clause 7 of this Article;
b) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 03 months and 06 months, for the violations specified at Point a, Clause 2 and Clause 3 of this Article;
c) Suspension of the business establishment’s operation causing environmental pollution for a definite time of between 03 months and 06 months, for the violations specified at Points b and c, Clause 2, Clause 4, Clause 6 and Point dd, Clause 7 of this Article;
d) Suspension of the business establishment’s operation for a definite time of between 09 months and 12 months, for the violations specified in Clause 5 and Point e, Clause 7 of this Article;
dd) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clause 1 of this Article.
9. Remedial measures:
a) Forcible restoration of original environmental state or the environmental restoration as specified, and forcible application of measures to remedy environmental pollution within the required period as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for if any of the violations specified in this Article;
b) Forcible relocation of the business establishment causing serious environmental pollution to a location in conformity with the planning and the environment's carrying capacity, for the violations specified at Point e Clause 7 of this Article and the case where the business establishment is in the list of establishments causing serious environmental pollution to such an extent that they must be relocated;
c) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
Article 20. Violations of regulations on public hygiene; collection, transport, burying, land-filling, treatment and discharging of domestic garbage and normal industrial solid wastes; transport of raw materials, materials or goods causing environmental pollution
1. The act of collecting and discharging domestic garbage not in accordance with the law on environmental protection shall be sanctioned as follows:
a) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of throwing, disposing, discarding cigarette butts and heads improperly in apartments, commercial centers, service spots or public places;
b) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to perform personal hygiene (urinating, defecating) in the right place in apartments, commercial centers, service spots or public places;
c) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to discard, dispose or dump domestic garbage in the right places in apartments, commercial centers, service spots or public places; except for violations specified at Point d of this Clause;
d) A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for the act of throwing, discharging domestic wastes into pavements, roads or into urban sewage or surface water drainage systems in urban areas.
2. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for the act of transporting raw materials, materials and goods without proper coverage or letting them leak into the environment while on road.
3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to use specialized equipment or transport vehicles to ensure that raw materials, materials or goods cannot be leaked or released to the environment during the transportation.
4. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to classify or store domestic solid wastes in accordance with regulations; failing to enter into contract or failing to transfer domestic solid wastes to functional units for collection, transport and treatment as specified.
5. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of failing to classify or store normal industrial solid wastes in accordance with regulations; failing to enter into contract or failing to transfer normal industrial solid wastes to functional units for collection, transport and treatment as specified; failing to submit periodical reports on the generation and management of normal industrial solid wastes to competent agencies as specified.
6. The acts of violation of regulations on the collection and transport of domestic solid wastes and normal industrial solid wastes shall be sanctioned as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to submit annual reports on the collection and transport of domestic solid wastes and normal industrial solid wastes to functional agencies as specified;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to transport domestic solid wastes and normal industrial solid wastes to collection places, transfer stations and waste treatment establishments as specified;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to equip suitable containers for collecting and transporting domestic solid waste and normal industrial solid wastes as specified;
d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of using a vehicle or device to transport domestic solid wastes that fails to meet technical requirements as prescribed; failing to arrange storage equipment, temporary storage place or transfer station, and vehicle to transfer normal industrial solid wastes satisfying technical requirements and management process as prescribed; or releasing domestic solid wastes and normal industrial solid waste into the environment during transportation.
7. The acts of violation of regulations on the treatment of domestic solid waste shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of failing to prepare reports, dossiers, documents, or logbooks relating to the management and treatment of domestic solid waste as specified;
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the treatment equipment and system (including those for preliminary treatment, recycling, co-incineration and energy recovery) or the temporary domestic solid waste storage place fails to satisfy technical requirements or management process as specified;
c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of improperly implementing one of contents of the Certificate of compliance with regulations on environmental protection or the plan for treatment of domestic solid wastes approved by a competent agency, except for the following cases: supervision of surrounding environment, improving the environment as approved by competent agencies;
d) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of failing to implement one of the contents of the Certificate of compliance with regulations on environmental protection or the plan for treatment of domestic solid wastes approved by a competent agency, except for the case of supervision of surrounding environment;
dd) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for the act of failing to have a Certificate of compliance with regulations on environmental protection or a plan on treatment of domestic solid waste approved by a competent agency as specified.
8. The acts of violation of regulations on the treatment of normal industrial solid waste shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of failing to prepare reports, dossiers, documents, or logbooks relating the management of normal industrial solid wastes as specified;
b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed in case the equipment and system for treatment of normal industrial solid wastes (including those for preliminary treatment, recycling, co-incineration and energy recovery) fail to meet the technical requirements or management process as specified, or fail to comply with the operating procedure as prescribed;
c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of improperly implementing one of the contents of the Certificate of compliance with regulations on environmental protection or the plan for treatment of normal industrial solid wastes approved by a competent agency, except for the following cases: supervision of surrounding environment, improving the environment as approved by competent agencies and the cases specified at Point dd of this Clause;
d) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of failing to implement one of the contents of the Certificate of compliance with regulations on environmental protection or the plan for treatment of normal industrial solid wastes approved by a competent agency, except for the case of supervision of surrounding environment and the cases specified at Point e of this Clause;
dd) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of treating normal industrial solid wastes non-compliance with the operating region, capacity, waste types, or the invested or installed waste treatment system and equipment;
e) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for the act of failing to implement the plan for controlling pollution and restoring environment upon the termination of operations as specified;
g) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for the act of failing to have the Certificate of compliance with regulations on environmental protection or the plan for treatment of normal industrial solid wastes approved by a competent agency as specified.
9. The acts of transferring, giving or selling domestic solid wastes and normal industrial solid wastes to an unit which has no function or capability of waste treatment as specified; burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes in contravention of regulations on environmental protection, except for environmental crimes; receiving domestic solid wastes and normal industrial solid wastes but failing to take treatment measures or failing to transfer to functional unit for treatment as specified shall be sanctioned as follows:
a) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of less than 1,000 kg;
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 1,000 kg to less than 2,000 kg;
c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 2,000 kg to less than 3,000 kg;
d) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 3,000 kg to less than 4,000 kg;
dd) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 4,000 kg to less than 5,000 kg;
e) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 5,000 kg to less than 10,000 kg;
g) A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 10,000 kg to less than 20,000 kg;
h) A fine of between VND 35,000,000 and VND 40,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 20,000 kg to less than 30,000 kg;
i) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 30,000 kg to less than 40,000 kg;
k) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 40,000 kg to less than 60,000 kg;
l) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 60,000 kg to less than 80,000 kg;
m) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of from 80,000 kg to less than 100,000 kg;
n) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of transferring, giving, selling, receiving, burying, land-filling, dumping or disposing of domestic solid wastes and normal industrial solid wastes with an amount of 100,000 kg or more.
10. An additional fine equal to 40% - 50% of the above-mentioned fine shall be imposed for the act of violation specified in Clause 9 of this Clause if such violation results in the environmental pollution or the waste containing hazardous environmental parameters in excess of the permissible limits specified technical regulations on surrounding environment. The total fine for each act of violation shall not exceed VND 1,000,000,000.
11. A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed for the act of the violations specified in Clause 9 of this Article in case the waste contains radioactive substances causing the environmental radioactive contamination, except for environmental crimes.
12. Additional sanctions:
a) Suspension of operation of the domestic solid waste or normal industrial solid waste treatment establishment for a definite time of between 03 months and 06 months, for the violations specified at Point dd Clause 7, Point g Clause 8, Clauses 9, 10 and 11 of this Article;
b) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clauses 9, 10 and 11 of this Article.
13. Remedial measures:
a) Forcible restoration of the original environmental state, for the acts of violation specified in Clauses 9, 10 and 11 of this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 21. Violations of regulations on environmental protection committed by generators of hazardous wastes
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:
a) Failing to make periodical reports on the management of hazardous wastes or failing to make other irregular reports as required by the competent state agencies;
b) Declaring inaccurate or insufficient information about transferred hazardous wastes in document related to hazardous wastes as specified;
c) Failing to report to the competent state agencies of storage of hazardous wastes for over 06 months from the time of generating hazardous wastes in case of failing seek for qualified hazardous waste transport and treatment unit;
d) Failing to submit documents on hazardous wastes to the competent agencies as specified.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:
a) Failing to keep used document related to hazardous wastes; failing to keep reports on management of hazardous wastes and other documents related to the hazardous waste management as specified;
b) Failing to conduct the collection of hazardous wastes as specified; storing hazardous wastes outdoor causing the pollution to surrounding environment.
3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:
a) Failing to declare document related to hazardous wastes as specified; failing to make online declaration of hazardous waste on the information system of the Vietnam Environment Administration or via email as stated in the competent agency’s written request;
b) Failing to notify in writing to the agency in charge of the generator of hazardous wastes within 06 months from the date of termination of the activities generating hazardous wastes.
4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to register as a generator of hazardous wastes or failing to apply for re-grant of register of hazardous waste generator as specified.
5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:
a) Failing to enter in to contract with an appropriate licensed hazardous waste treatment establishment before transferring hazardous wastes for treatment as specified;
b) Failing to transfer hazardous wastes to the appropriate licensed hazardous waste treatment establishment for collection and treatment as specified in case where the generator of wastes already made periodic reports to the provincial-level Department of Natural Resources and Environment of the storage of hazardous wastes at the place of generation and such request is refused by that provincial-level Department of Natural Resources and Environment;
c) Failing to accurately classify and determine the quantity and weight of hazardous wastes for management as prescribed; submitting reports to competent agencies with untruthful information about the generation and management of hazardous wastes;
d) Failing to pack and preserve hazardous wastes in appropriate packing and storage containers which meet the technical requirements as prescribed;
dd) Failing to allocate or allocating areas for temporary storage of hazardous wastes which fail to meet the technical requirements as prescribed.
6. The acts of mixing different types of hazardous wastes with each other in case they have different characteristics and different treatment methods, or mixing hazardous wastes with other wastes shall be sanctioned as follows:
a) A warning shall be imposed for committing violation for the first time; a fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of mixing hazardous wastes in the form of single discarded product or equipment with domestic wastes or normal industrial wastes in case of recidivism or repeated administrative violation;
b) A fine of between VND 10,000,000 and VND 40,000,000 shall be imposed for the act of storing two to under five types of hazardous wastes in the form of single discarded product or equipment, or less than 10% by volume of different types of hazardous wastes in packing or other storage containers or groups of other hazardous wastes with the same characteristics and treatment methods, or mixing them with domestic wastes or normal industrial wastes;
c) A fine of between VND 40,000,000 and VND 70,000,000 shall be imposed for the act of storing five to under ten types of hazardous wastes in the form of single discarded product or equipment, or 10% to less than 50% by volume of different types of hazardous wastes in packing or other storage containers or groups of hazardous wastes with the same characteristics and treatment methods, or mixing them with domestic wastes or normal industrial wastes;
d) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of storing ten types or more of hazardous wastes in the form of single discarded product or other storage containers, or 50% by volume of different types of hazardous wastes, or more, in packing or other storage containers or groups of hazardous waste with the same characteristics and treatment methods, or mixing them with domestic wastes or normal industrial wastes.
7. The acts of transferring, giving, purchasing or selling hazardous wastes to an organization or individual that is not licensed to treat hazardous wastes, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 40,000,000 shall be imposed for the act of transferring, giving, or selling less than 100 kg of hazardous wastes;
b) A fine of between VND 40,000,000 and VND 70,000,000 shall be imposed for the act of transferring, giving, or selling from 100 kg to less than 600 kg of hazardous wastes;
c) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of transferring, giving, or selling from 600 kg to less than 1,000 kg of hazardous wastes;
d) A fine of between VND 100,000,000 and VND 130,000,000 shall be imposed for the act of transferring, giving, or selling 1,000 kg to less than 2,000 kg of hazardous wastes;
dd) A fine of between VND 130,000,000 and VND 160,000,000 shall be imposed for the act of transferring, giving, or selling from 2,000 kg to less than 3,000 kg of hazardous wastes;
e) A fine of between VND 160,000,000 and VND 190,000,000 shall be imposed for the act of transferring, giving, or selling from 3,000 kg to less than 4,000 kg of hazardous wastes;
g) A fine of between VND 190,000,000 and VND 220,000,000 shall be imposed for the act of transferring, giving, or selling 4,000 kg to less than 5,000 kg of hazardous wastes;
h) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of transferring, giving, or selling 5,000 kg, of hazardous wastes or more.
8. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for any of the following violations, except for environmental crimes:
a) Spilling hazardous wastes or causing the spill of hazardous wastes into the soil, groundwater, or surface water resulting in the environmental pollution;
b) Re-using, preliminarily treating, recycling, treating, co-incinerating, or recovering energy from hazardous wastes without the permission from the competent agency or re-using, preliminarily treating, recycling, treating, co-incinerating, or recovering energy from hazardous wastes inconsistently with contents of the register of hazardous waste generator;
c) Exporting hazardous waste without the competent agency’s written approval or exporting hazardous waste inconsistently with contents specified in the written approval of the competent agency.
9. The acts of burying, land-filling, dumping or discharging hazardous wastes in contravention of regulations on environmental protection, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging less than 100 kg of hazardous wastes;
b) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 100 kg to less than 250 kg of hazardous wastes;
c) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 250 kg to less than 500 kg of hazardous wastes;
d) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 500 kg to less than 1,000 kg of hazardous wastes;
dd) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,000 kg to less than 1,500 kg of hazardous wastes;
e) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,500 kg to less than 2,000 kg of hazardous wastes;
g) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,000 kg to less than 2,500 kg of hazardous wastes;
h) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,500 kg to less than 3,000 kg of hazardous wastes.
10. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed for any of the following violations, except for environmental crimes:
a) Transferring, giving, purchasing or selling persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants in contravention of laws;
b) Burying, land-filling, dumping or discharging persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants into the environment in contravention of laws with an amount of less than 3,000 kg.
11. Additional sanctions:
a) Suspension of the business establishment’s operation for a definite time of between 06 months and 12 months, for the violations specified in Clause 9 and Clause 10 of this Article;
b) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clause 9 and Clause 10 of this Article.
12. Remedial measures:
a) Forcible dismantlement of the work or part of work which has been built inconsistently with regulations on environmental protection, for the violations specified at Point b Clause 8 of this Article;
b) Forcible restoration of the original environmental state, for the acts of violation specified at Point a Clause 8, Clause 9 and Clause 10 of this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 22. Violations of regulations on environmental protection relating to the transport of hazardous wastes
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:
a) Failing to strictly implement any of the following contents included in the set of registration dossiers enclosed with the license for hazardous waste treatment: Procedures for safe operation of specialized vehicles and equipment; plans for pollution control and environmental protection; plans on occupational safety and health protection; plans on incident prevention and response; annual training plans;
b) Failing to report the licensing agency on changes in facilities, techniques, key employees or programs and plans included in the set of registration dossiers enclosed with the license for hazardous waste treatment;
c) Failing to transfer document related to hazardous wastes to competent agencies as specified;
d) Failing to make periodical reports on hazardous waste management in accordance with law provisions or failing to make other extraordinary reports at the request of the competent state agency; sending reports with untruthful information on hazardous waste management to the competent state agency.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:
a) Failing to keep used document related to hazardous wastes; failing to keep reports on management of hazardous wastes and other dossiers and documents related to the hazardous waste management that are required to be kept as specified;
b) Failing to make and send dossier of registration for cross-border transport of hazardous wastes to the generator of hazardous wastes and competent state agency as specified;
c) Failing to make a delivery book and a log for monitoring hazardous wastes as specified; failing to make online dossiers to monitor the itinerary of vehicles by GPS and grant access to the licensing agency as specified;
d) Failing to report to the licensing agency before implementing the Plan for collection, transport and treatment of hazardous medical waste as approved by the provincial-level People’s Committee in case the waste collection region is not specified in the License for hazardous waste treatment;
dd) Failing to notify in writing to the generator of hazardous wastes in case where the hazardous wastes have been temporarily stored with reasonable reasons for over 03 months but not later than 06 months from the date of transferring hazardous waste as stated in documents related to hazardous wastes;
e) Failing to strictly implement the plan for pollution treatment and environmental protection when terminating operations;
g) Failing to declare and use document related to hazardous wastes as specified; failing to make online declaration of hazardous waste on the information system of the Vietnam Environment Administration or via email under the written request of the competent agency.
3. A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed for any of the following violations:
a) Failing to equip the global positioning system (GPS) for vehicles transporting hazardous wastes as specified;
b) Failing to enter into a contract with the generator of hazardous wastes before collecting and transporting hazardous wastes as specified;
c) Failing to enter into a tripartite agreement for transfer of hazardous wastes with the generator of hazardous wastes, the owner of hazardous waste management establishment or the owner of licensed hazardous waste treatment establishment, or entering in a contract with the generator of hazardous wastes without the witness and written certification by the owner of hazardous waste management establishment or the hazardous waste treater as specified;
d) Failing to request in writing, enclosed with the signed contract/agreement, to the licensing agency for consideration and approval in writing before transferring hazardous wastes to another hazardous waste treatment establishment.
4. A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for any of the following violations:
a) Collecting and transporting hazardous wastes in regions which are not specified in the License for hazardous waste treatment;
b) Failing to properly implement any of the contents specified in the License for hazardous waste treatment, except for the violations specified at Point a Clause 4, Clause 5 and Clause 6 of this Article;
c) Transporting hazardous waste but failing to follow the routes, road sections and time as specified by the competent agencies;
d) Specialized vehicles equipment used for collection, transport, packing, preservation and storing of hazardous wastes do not meet technical requirements as prescribed;
dd) Mixing different types of hazardous wastes that may react or interact with each other during the transportation or the temporary storage; failing to thoroughly collect hazardous wastes and storing hazardous wastes outdoor causing the pollution or dispersion of hazardous wastes in the surrounding environment.
5. A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for any of the following violations:
a) Collecting and transporting hazardous wastes not in the list of hazardous wastes stated in the License for hazardous waste treatment;
b) Collecting and transporting hazardous wastes in excess of the permissible volume specified in the License for hazardous waste treatment;
c) Using vehicles to transport hazardous wastes that are not registered in the License for hazardous waste treatment.
6. The acts of transferring, giving, purchasing or selling hazardous wastes to an organization or individual without a License for hazardous waste treatment, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 40,000,000 shall be imposed for the act of transferring, giving, or selling less than 100 kg of hazardous wastes;
b) A fine of between VND 40,000,000 and VND 70,000,000 shall be imposed for the act of transferring, giving, or selling from 100 kg to less than 600 kg of hazardous wastes;
c) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of transferring, giving, or selling from 600 kg to less than 1,000 kg of hazardous wastes;
d) A fine of between VND 100,000,000 and VND 130,000,000 shall be imposed for the act of transferring, giving, or selling 1,000 kg to less than 2,000 kg of hazardous wastes;
dd) A fine of between VND 130,000,000 and VND 160,000,000 shall be imposed for the act of transferring, giving, or selling from 2,000 kg to less than 3,000 kg of hazardous wastes;
e) A fine of between VND 160,000,000 and VND 190,000,000 shall be imposed for the act of transferring, giving, or selling from 3,000 kg to less than 4,000 kg of hazardous wastes;
g) A fine of between VND 190,000,000 and VND 220,000,000 shall be imposed for the act of transferring, giving, or selling 4,000 kg to less than 5,000 kg of hazardous wastes;
h) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of transferring, giving, or selling 5,000 kg, of hazardous wastes or more.
7. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of transporting hazardous wastes without a License for hazardous waste treatment, except for the following cases: Transport of hazardous wastes generated from daily-life activities or activities of business and service establishments (excluding production activities) of a household or individual size that are managed and treated in accordance with regulations on recall and treatment of discarded products; transport of hazardous wastes under the Plan for collection, transport, storage and transfer of hazardous wastes approved by the provincial-level People’s Committee; transport of hazardous wastes from offshore petroleum works into the land.
8. The acts of burying, land-filling, dumping or discharging hazardous wastes in contravention of regulations on environmental protection, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging less than 100 kg of hazardous wastes;
b) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 100 kg to less than 250 kg of hazardous wastes;
c) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 250 kg to less than 500 kg of hazardous wastes;
d) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 500 kg to less than 1,000 kg of hazardous wastes;
dd) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,000 kg to less than 1,500 kg of hazardous wastes;
e) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,500 kg to less than 2,000 kg of hazardous wastes;
g) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,000 kg to less than 2,500 kg of hazardous wastes;
h) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,500 kg to less than 3,000 kg of hazardous wastes.
9. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed for any of the following violations, except for environmental crimes:
a) Transferring, giving, purchasing or selling persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants in contravention of laws;
b) Burying, land-filling, dumping or discharging persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants into the environment in contravention of laws with an amount of less than 3,000 kg.
10. Additional sanctions:
a) Deprivation of the right to use the license for hazardous waste treatment for a definite time of between 03 months and 06 months, for the acts of violation specified in Clauses 4, 5 and 6 of this Article;
b) Suspension of hazardous waste collection and transportation activities of hazardous waste treater or the hazardous waste transporter for a definite time of between 06 months and 12 months, for the acts of violation specified in Clauses 4, 5 and 6 of this Article;
c) Suspension of the business establishment’s operation for a definite time of between 06 months and 12 months, for the acts of violation specified in Clauses 7, 8 and 9 of this Article;
d) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clause 8 and Clause 9 of this Article.
11. Remedial measures:
a) Forcible restoration of the original environmental state, for the acts of violation specified in Clauses 8 and 9 of this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 23. Violations of regulations on environmental protection related to the hazardous waste treatment
1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:
a) Failing to strictly implement any of the following contents included in the set of registration dossiers enclosed with the license for hazardous waste treatment: Procedures for safe operation of specialized vehicles and equipment; plans for pollution control and environmental protection; plans on occupational safety and health protection; plans on incident prevention and response; annual training plans;
b) Failing to implement the program for treatment and operation supervision and evaluation of hazardous waste treatment results in the set of registration dossiers enclosed with the License for hazardous waste treatment;
c) Failing to declare and use document related to hazardous wastes as specified; failing to make online declaration of hazardous waste on the information system of the Vietnam Environment Administration or via email under the written request of the competent agency.
d) Failing to submit documents on hazardous wastes to the competent agencies as specified.
dd) Failing to keep used document related to hazardous wastes; failing to keep reports on management of hazardous wastes and other dossiers and documents related to the hazardous waste management that are required to be kept as specified;
e) Failing to report the licensing agency on changes in facilities, techniques, key employees or programs and plans included in the set of registration dossiers enclosed with the license for hazardous waste treatment;
g) Failing to employ at least 02 persons in charge of management, operation and instruction of professional and technical skills, provided that such persons hold qualifications in environment or chemistry and certificate of hazardous waste management as prescribed;
h) Failing to employ at least 01 person in charge of management, operation and instruction of professional and technical skills at the hazardous waste transfer station, provided that such person holds qualifications in environment or chemistry.
2. A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed for any of the following violations:
a) Failing to make periodical reports on hazardous waste management in accordance with law provisions or failing to make other extraordinary reports at the request of the competent state agency; sending reports with untruthful information on hazardous waste management to the competent state agency.
b) Failing to make a hazardous waste delivery book, a log book of operation of hazardous waste treatment systems, vehicles, and equipment; failing to make a log book to monitor the quantity, quality, outlets of products obtained from recycling or treatment of hazardous wastes as specified;
c) Failing to obtain the competent agency’s written approval before implementing the Plan for collection, transport and treatment of hazardous medical wastes as approved by the provincial-level People’s Committee in a region which is not specified in the License for hazardous waste treatment;
d) Failing to report in writing to the competent agency on the change in contents, extension or termination of contracts signed with other transporters within the required period from the date on which such change, extension or termination is made;
dd) Failing notify in writing to the generator of hazardous wastes in case where hazardous wastes have been temporarily stored with reasonable reasons for over 06 months from the date of transferring hazardous wastes as stated in document related to hazardous wastes;
e) Failing to strictly implement the plan for pollution treatment and environmental protection upon the termination of operations; failing to return the License for hazardous waste treatment upon terminating operations as specified.
3. A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for any of the following violations:
a) Failing to comply with the contract for hazardous waste treatment;
b) Failing to install instruction chart of procedures for safe operation of systems, facilities and equipment for treatment of hazardous wastes in accordance with regulations;
c) Failing to store untreated and treated hazardous wastes in specialized equipment in harmony with types of hazardous wastes; specialized equipment serving the storage of hazardous wastes, places for temporary storage of hazardous wastes or equipment serving the hazardous waste treatment fails to meet technical requirements or regulations as specified; failing to thoroughly collect hazardous wastes and storing hazardous wastes outdoor causing the pollution or dispersion of hazardous wastes in the surrounding environment;
d) Failing to develop the Plan for trial operation of the hazardous waste treatment system in the laboratory and send it to the competent agency; failing to obtain a written approval of the Plan for trial operation of the hazardous waste treatment system in the laboratory from the competent agency as specified.
4. A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for any of the following violations:
a) Receiving and treating hazardous wastes transported by an individual or organization that does not have the License for hazardous waste treatment without the competent agency's approval, except for the hazardous wastes generated from daily-life activities or activities of business and service establishments (excluding production activities) of a household or individual size that are managed and treated in accordance with regulations on recall and treatment of expired or discarded products;
b) Failing to obtain the competent state agency’s written approval before receiving hazardous wastes from other transporters;
c) Failing to comply with the License for hazardous waste treatment, except for the cases specified at Points b, c, d and dd Clause 5 of this Article.
5. A fine of between VND 150,000,000 and VND 250,000,000 shall be imposed for any of the following violations:
a) Using specialized means and equipment for treatment of hazardous wastes other than those specified in the License for hazardous waste treatment;
b) Treating hazardous wastes that are not specified the list of hazardous wastes as stated in the License for hazardous waste treatment;
c) Treating hazardous wastes collected in regions which are not specified in the License for hazardous waste treatment;
d) Treating hazardous wastes in excess of the permissible volume specified in the License for hazardous waste treatment;
dd) Treating hazardous wastes without a License for hazardous waste treatment as specified.
6. The acts of transferring, giving, purchasing or selling hazardous wastes to an organization or individual without a License for hazardous waste treatment, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 10,000,000 and VND 40,000,000 shall be imposed for the act of transferring, giving, or selling less than 100 kg of hazardous wastes;
b) A fine of between VND 40,000,000 and VND 70,000,000 shall be imposed for the act of transferring, giving, or selling from 100 kg to less than 600 kg of hazardous wastes;
c) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed for the act of transferring, giving, or selling from 600 kg to less than 1,000 kg of hazardous wastes;
d) A fine of between VND 100,000,000 and VND 130,000,000 shall be imposed for the act of transferring, giving, or selling 1,000 kg to less than 2,000 kg of hazardous wastes;
dd) A fine of between VND 130,000,000 and VND 160,000,000 shall be imposed for the act of transferring, giving, or selling from 2,000 kg to less than 3,000 kg of hazardous wastes;
e) A fine of between VND 160,000,000 and VND 190,000,000 shall be imposed for the act of transferring, giving, or selling from 3,000 kg to less than 4,000 kg of hazardous wastes;
g) A fine of between VND 190,000,000 and VND 220,000,000 shall be imposed for the act of transferring, giving, or selling 4,000 kg to less than 5,000 kg of hazardous wastes;
h) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of transferring, giving, or selling 5,000 kg, of hazardous wastes or more.
7. The acts of burying, land-filling, dumping or discharging hazardous wastes in contravention of regulations on environmental protection, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging less than 100 kg of hazardous wastes;
b) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 100 kg to less than 250 kg of hazardous wastes;
c) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 250 kg to less than 500 kg of hazardous wastes;
d) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 500 kg to less than 1,000 kg of hazardous wastes;
dd) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,000 kg to less than 1,500 kg of hazardous wastes;
e) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 1,500 kg to less than 2,000 kg of hazardous wastes;
g) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,000 kg to less than 2,500 kg of hazardous wastes;
h) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the act of burying, land-filling, dumping or discharging from 2,500 kg to less than 3,000 kg of hazardous wastes.
8. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed for any of the following violations, except for environmental crimes:
a) Transferring, giving, purchasing or selling persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants in contravention of laws;
b) Burying, land-filling, dumping or discharging persistent organic substances which must be eliminated under Appendix A of the Stockholm Convention on Persistent Organic Pollutants into the environment in contravention of laws with an amount of less than 3,000 kg.
9. Additional sanctions:
a) Deprivation of the right to use the license for hazardous waste treatment for a definite time of between 01 month and 03 months, for the acts of violation specified in Clauses 3 and 4 of this Article;
b) Deprivation of the right to use the license for hazardous waste treatment for a definite time of between 03 months and 06 months, for the acts of violation specified at Points a, b, c and d, Clause 5 and Clause 6 of this Article;
c) Suspension of the business establishment’s operation for a definite time of between 06 months and 12 months, for the acts of violation specified at Point dd Clause 5 and Clause 7 of this Article;
d) Suspension of the business establishment’s operation for a definite time of between 12 months and 24 months, for the acts of violation specified in Clause 8 of this Article;
dd) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clause 7 and Clause 8 of this Article.
10. Remedial measures:
a) Forcible restoration of the original environmental state, for the acts of violation specified in Clauses 7 and 8 of this Article;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 24. Violations of regulations on environmental protection related to the import and dismantlement of used seagoing ships; the import of machinery, equipment, transport vehicles, raw materials, materials, and fuels
1. A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the acts of importing machinery, equipment, transport vehicles (except for used seagoing ships for dismantlement), raw materials, materials and fuels but failing to comply with environmental technical regulations or in contravention of the law on environmental protection.
2. A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of transporting or transiting goods, equipment or transport vehicles (except for used seagoing ships for dismantlement) which may cause the pollution, deterioration or environmental incidents through the territory of the Socialist Republic of Vietnam without the permission from the competent state agency in charge of environmental protection.
3. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for any of the acts of importing ozone-depleting substances as specified in the treaties to which the Socialist Republic of Vietnam is a contracting party.
4. The acts of importing used seagoing ships for dismantlement or dismantling used seagoing ships in contravention of regulations on environmental protection, except for environmental crimes, shall be sanctioned as follows:
a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to employ persons who are granted a certificate of training in environmental protection as specified;
b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of failing to have a written certification of the imported seagoing ship's satisfaction of environmental protection conditions granted by a competent certification organization;
c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to have a competent agency’s decision on approval for the environmental protection plan before dismantling each ship;
d) A fine of between VND 200,000,000 and VND 300,000,000 shall be imposed for the act of dismantling used seagoing ships without satisfying requirements for materials, facilities and techniques;
dd) A fine of between VND 500,000,000 and VND 600,000,000 shall be imposed for the act of importing used seagoing ships for dismantlement without satisfying conditions;
e) A fine of between VND 800,000,000 and VND 900,000,000 shall be imposed for the act of importing the wrong types of used seagoing ships for dismantlement;
g) A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed for the act of importing used seagoing ships which have been contaminated with radioactive substances, germs or other toxic substances but have not yet been washed or may not be cleaned for dismantlement.
5. Additional sanctions:
a) Confiscation of material evidences and means used in administrative violations, for the acts of violation specified in Clauses 1, 2 and 3 of this Article;
b) Suspension of the business establishment’s import and dismantlement activities for a definite time of between 06 months and 09 months, for the acts of violation specified at Points d, dd, e and g, Clause 4 of this Article.
6. Remedial measures:
a) Forcible re-export or destruction of machinery, equipment, transport vehicles, used seagoing ships, raw materials, materials, and fuels. Confiscate valuable products after the destruction and handle them in accordance with the law;
b) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples for discharging waste in excess of the permissible limits specified in environmental technical regulations or causing environmental pollution according to current norms and prices, for the violations specified in this Article.
c) Forcible application of measures to remedy environmental pollution and submission of report on remedial results within the time limit as specified by the person competent to sanction in the decision on sanctioning of administrative violations, for the violations specified in this Article.
Article 25. Violations of regulations on environmental protection in import of scrap
1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to submit the annual report on the import and use of scrap to the competent agency as prescribed.
2. Sanctioning for the acts of violations in direct import of scrap for use as production materials shall be as follows:
a) A fine of between VND 100,000,000 and VND 130,000,000 shall be imposed for the act of having warehouse or storing yard for imported scrap that does not meet requirements for environmental protection;
b) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of failing to have warehouse or storing yard for imported scrap as specified;
c) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the act of failing to have technologies and equipment for recycling and reuse of scrap, and treatment of impurities from scrap complying with the technical regulations on environment according to law regulations;
d) A fine of between VND 170,000,000 and VND 200,000,000 shall be imposed for the act of importing an amount of scrap in excess of the permitted amount specified in the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials;
dd) A fine of between VND 200,000,000 and VND 230,000,000 shall be imposed for the act of transferring scrap imported for use as production materials to other organizations, individuals; using imported scrap in contravention of the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials;
e) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed for the act of importing types of scrap other than the types specified in the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials.
3. Sanctioning for the acts of violations in entrusted import of scrap for use as production materials shall be as follows:
a) A fine of between VND 100,000,000 and VND 130,000,000 shall be imposed for the act of storing imported scrap without warehouse or storing yard meeting conditions for environmental protection as specified;
b) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of importing an amount of scrap in excess of the permitted amount specified in the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials;
c) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of transferring imported scrap to entrusted importer in contravention of the entrustment agreement; using the imported scrap in contravention of contents of the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials;
d) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of importing types of scrap other than the types specified in the certificate of satisfaction of environmental protection conditions in the import of scrap for use as production materials.
4. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to pay costs for handling imported scrap in case the deposit amount is not enough to handle imported scrap in violation of regulations on environmental protection.
5. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for any act of violations related to temporary import or border-gate transfer of scrap:
a) Removing, opening, using and dispersing scrap during the transportation or storage in the territory of the Socialist Republic of Vietnam;
b) Changing the nature and volume of scrap;
c) Failing to re-export or transfer the entire amount of scrap brought into the territory of the Socialist Republic of Vietnam.
6. Sanctioning for importing scrap with a certain amount of impurities in excess of the permitted limit as specified in the national technical regulation on environment applicable to imported scrap shall be as follows:
a) A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is less than 200 kg, or total weight of impurities being other types of waste is less than 1,000 kg;
b) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 200 kg to less than 300 kg, or total weight of impurities being other types of waste is from 1,000 kg to less than 5,000 kg;
c) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 300 kg to less than 400 kg, or total weight of impurities being other types of waste is from 5,000 kg to less than 10,000 kg;
d) A fine of between VND 300,000,000 and VND 400,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 400 kg to less than 500 kg, or total weight of impurities being other types of waste is from 10,000 kg to less than 20,000 kg;
dd) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 500 kg to less than 600 kg, or total weight of impurities being other types of waste is from 20,000 kg to less than 30,000 kg;
e) A fine of between VND 500,000,000 and VND 600,000,000 shall be imposed if the total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 600 kg to less than 700 kg, or total weight of impurities being other types of waste is from 30,000 kg to less than 40,000 kg;
g) A fine of between VND 600,000,000 and VND 700,000,000 shall be imposed if the total weight of impurities being hazardous waste or persistent organic substances which need to eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 700 kg to less than 800 kg, or total weight of impurities being other types of waste is from 40,000 kg to less than 50,000 kg;
h) A fine of between VND 700,000,000 and VND 800,000,000 shall be imposed if the total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 800 kg to less than 900 kg, or total weight of impurities being other types of waste is from 50,000 kg to less than 60,000 kg;
i) A fine of between VND 800,000,000 and VND 900,000,000 shall be imposed if total weight of impurities being hazardous waste or persistent organic substances which need to be eliminated as specified in Appendix A of the Stockholm Convention on Persistent Organic Pollutants is from 900 kg to less than 1,000 kg, or total weight of impurities being other types of waste is from 60,000 kg to less than 70,000 kg.
7. A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed for the act of importing or transiting scrap containing radioactive substances or scrap which are not in the List of scrap permitted to be imported, except for environmental crimes.
8. Additional sanctions:
a) Deprivation of the right to use certificates of satisfaction of environmental protection conditions in the import of scrap for use as production materials for between 03 and 06 months for cases of violations specified in Clauses 2 and Clause 3 of this Article;
b) Deprivation of the right to use certificates of satisfaction of environmental protection conditions in the import of scrap for use as production materials for between 06 and 09 months for cases of violations specified in Clause 4 of this Article;
c) Deprivation of the right to use certificates of satisfaction of environmental protection conditions in the import of scrap for use as production materials for between 09 and 12 months for cases of violations specified in Clauses 6 and Clause 7 of this Article.
9. Remedial measures:
a) Forcible re-export or destruction for cases of violations specified in Clauses 4, 5, 6 and 7 of this Article. Confiscation and handling of valuable products upon the destruction according to the laws;
b) Forcible payment of costs for conducting expertise solicitation, inspection, measurement and analysis of environmental samples according to current norms and prices for the acts of scrap import in violation of the environmental technical regulations or causing the environmental pollution as specified in this Article;
c) Forcible application of remedial measures against environmental pollution and submission of report on results of completing the remedy to consequences of violations within the time limit defined by the person with sanctioning competence in the decision on sanctioning of administrative violations for the violations specified in this Article.
Article 26. Violations of regulations on environmental protection in import and production of biological products for waste treatment
1. Sanctioning for violations of regulations on biological product sell in contravention of the contents in certificate of registration for circulation of biological product for waste treatment in Vietnam shall be as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for violations on forms, contents of packaging and label of registered biological products;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for violations on ingredients of biological products;
c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of changing origin of microbial strain with respect to biological products;
d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for violations on properties and efficacy of registered biological products;
dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for violations on industrial property rights of registered biological products.
2. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of selling biological products for waste treatment in Vietnam without obtaining the certificate of registration for circulation of biological products for waste treatment in Vietnam or with the expired certificate.
3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of importing biological products for waste treatment without obtaining the certificate of registration for circulation of biological products for waste treatment in Vietnam.
4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of producing biological products for waste treatment for commercial purposes (except for research or testing purposes) without obtaining the certificate of registration for circulation of biological products for waste treatment in Vietnam granted by a competent agency.
5. Additional sanctions:
a) Deprivation of the right to use the certificate of registration for circulation of biological products for waste treatment in Vietnam for between 03 and 06 months for cases of violations specified in Clause 1 of this Article;
b) Suspension of operation of the establishment for cases of violations specified in Clauses 2, 3 and 4 of this Article.
6. Remedial measures:
a) Forcible re-export or destruction of goods, biological products imported or brought into Vietnam in contravention of regulations on environmental protection for the violations specified in Clause 3 of this Article;
b) Forcible recovery and destruction of biological products illegally produced, sold or used for the violations specified in Clauses 2 and 4 of this Article;
c) Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article.
Article 27. Violations of regulations on protection of marine environment
1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on the owner of means of transport or warehouse at sea likely to cause environmental incidents, for the act of failing to report to the national rescue and salvage force, the coast guard force, other relevant organizations, individuals as specified.
2. A fine of between VND 50,000,000 and VND 80,000,000 shall be imposed on the organization or individual performing mining activities or the owner of vehicle transporting petroleum, oil, chemicals, radioactive substances or other toxic substances at sea without having plan, personnel and equipment for environmental incident prevention and response.
3. A fine of between VND 80,000,000 and VND 150,000,000 shall be imposed for any of the following acts of violations:
a) Exploiting marine resources and performing other activities relating to the exploitation and use of marine resources in contravention of the approved master plan on use of natural resources;
b) Performing activities in nature reserves, mangrove forests, or marine natural heritages in contravention of regulations of the management boards thereof, law regulations on environmental protection and other relevant law regulations;
c) Failing to treat waste and other polluting elements generated from the production, trading, service provision, construction, transport or exploitation at sea in conformity with the environmental technical regulations;
d) Keeping or storing transport vehicles, storehouses or oil and gas exploitation works at sea over the specified duration for handling;
dd) Failing to collect, store and treat hazardous waste generated from the exploration and exploitation of marine resources, or the dismantlement of transport vehicles at sea as specified.
4. A fine of between VND 150,000,000 and VND 250,000,000 shall be imposed for any of the following acts of violations, except for environmental crimes:
a) Pouring normal waste which is generated from means of transport or offshore drilling platforms and is not treated as specified, or waste which is not treated in conformity with technical regulations on waste into the sea;
b) Discharging land-sourced solid waste into the sea without the written approval granted by a competent state management agency in charge of environmental protection as specified;
c) Discharging waste generated from dredging activities into the sea without the written approval granted by a competent state management agency in charge of environmental protection as specified.
5. A fine of between VND 250,000,000 and VND 500,000,000 shall be imposed for the act of discharging toxic chemicals, solid waste or wastewater which is not yet treated in conformity with technical regulations into the sea areas in the nature reserves, natural heritages, new natural ecosystems and regular or seasonal reproductive areas of aquatic species, except for environmental crimes.
6. A fine of between VND 500,000,000 and VND 1,000,000,000 shall be imposed for the act of discharging hazardous waste or waste containing radioactive substances into the coastal zone of the Socialist Republic of Vietnam, except for environmental crimes.
7. Additional sanctions:
Confiscation of material evidences and means used in administrative violations for cases of violations specified in Clauses 4, 5 and 6 of this Article.
8. Remedial measures:
a) Forcible payment of costs for conducting expertise solicitation, inspection, measurement and analysis of environmental samples according to current norms and prices for the act of discharging waste in excess of the permitted limits specified in environmental technical regulations or causing environmental pollution, for violations specified in this Article;
b) Forcible application of remedial measures for environmental pollution and submission of report on results of completing the remedy to consequences of violations within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in this Article.
Article 28. Violations of regulations on environmental protection in public areas, urban areas and residential areas
1. A warning shall be imposed for the act of failing to post regulations on environmental hygiene at public areas.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any act of violations related to management of parks, recreation and entertainment zones, festivals, tourist sites, marketplaces, railway stations, bus stations, wharves, harbors, ferry landing stages and other public places as follows:
a) Failing to sufficiently have public sanitation works, vehicles and equipment for waste collection meeting environmental hygiene requirements as specified;
b) Failing to collect waste within management areas as specified.
3. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed if the investor hands over his newly built urban area, concentrated residential area or condominium for use but fails to properly and fully comply with any of the following requirements for environmental protection:
a) Failing to build infrastructure for environmental protection in conformity with the plan for urban areas and residential areas that has been approved by the competent state agencies;
b) Failing to equip equipment and vehicles for collecting domestic solid waste being suitable for the volume and types of waste and capable of receiving waste which has been sorted at source from households in the residential area;
c) Failing to meet requirements for urban landscape and environmental hygiene;
d) Failing to build rainwater drainage system and wastewater system which must be built separately from each other in conformity with the plan on wastewater drainage and environmental protection of the residential area;
dd) Failing to set up a location for collecting domestic garbage to ensure the environmental hygiene;
e) Failing to build the wastewater treatment system meeting environmental technical regulations.
4. Additional sanctions:
Suspension of the establishment’s operation for between 06 and 12 months for cases of violations specified in Clause 2 of this Article.
5. Remedial measures:
a) Forcible construction of the environmental protection works as specified within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified at Point b Clause 1 and Clause 3 of this Article;
b) Forcible payment of costs for conducting expertise solicitation, inspection, measurement and analysis of environmental samples according to current norms and prices for the act of discharging waste in excess of the permitted limits specified in environmental technical regulations or causing environmental pollution, for violations specified in this Article;
c) Forcible application of remedial measures for environmental pollution and submission of report on results thereof within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in this Article.
Article 29. Violations of regulations on protection of soil environment
1. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on any of the establishments specified in Clause 2 Article 12 of the Government’s Decree No. 19/2015/ND-CP dated February 14, 2015 on detailing the implementation of a number of articles of the Law on Environmental Protection that fails to conduct the periodical soil environmental monitoring and submit the report on results thereof to the state management agency.
2. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of failing to apply measures to control elements prone to cause the pollution of soil environment at the production, business and service establishment.
3. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on any of the establishments specified in Clause 2 Article 12 of the Decree No. 19/2015/ND-CP that does not conduct the soil environmental quality assessment or does not make the announcement of information between land users when carrying out the change of land use purpose to residential land or commercial land.
4. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on any of the establishments specified in Clause 2 Article 12 of the Decree No. 19/2015/ND-CP that fails to obtain a written certification from competent agencies to certify that the land quality is suitable for using as commercial or residential land when carrying out the change of land use purpose.
5. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for the act of failing to disclose the soil quality at regions contaminated with toxic chemicals to relevant organizations, individuals.
6. Remedial measures:
Forcible application of remedial measures for environmental pollution and submission of report on results thereof within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in this Article.
Article 30. Violations of regulations on operation or residence in restricted zones where human health and life are exposed to extreme environmental danger, as identified by competent state agencies
1. A warning shall be imposed for the act of illegally living in restricted zones where human health and life are exposed to extreme environmental danger, as identified by competent state agencies.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of illegally performing activities in restricted zones where human health and life are exposed to extreme environmental danger, as identified by competent state agencies.
3. Remedial measures:
Forcible moving out of restricted areas within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in this Article.
Article 31. Violations of regulations on recovery and treatment of discarded products
1. A warning shall be imposed on the consumer who does not carry discarded products to the dedicated places of recovery.
2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed if a distributor refuses to coordinate with the manufacturer in establishing places of recovery and receipt of discarded products as specified; fails to store discarded products at places of recovery, or fails to provide information to the manufacturer as specified.
3. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of collecting discarded products from consumers but failing to transfer them to places of recovery as specified.
4. Sanctioning for violations of regulations on recovery and treatment of discarded products shall be as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to formulate plan for recovery of discarded products which have been sold at the Vietnamese market; failing to submit regular reports to competent agencies as specified; or failing to disclose information about the list of places of recovery and handling of discarded products as specified;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed if places of recovery do not meet environmental technical regulations as specified;
c) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of failing to establish places or the system of places of recovery of discarded products as specified;
d) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed on the manufacturer who fails to receive its discarded products which have been sold on the market or its discarded products which have been sold on the market and recovered by other manufacturers for handling upon request;
dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of failing to carry out treatment, re-using or failing to transfer discarded products which have been recovered to functional units for treatment as specified.
5. A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed for any of the violations specified in Clauses 3 and 4 of this Article if it causes the environmental pollution.
6. Remedial measures:
a) Forcible recovery and treatment of discarded products in accordance with regulations for the acts of violations specified in Clauses 3 and 4 of this Article;
b) Forcible application of remedial measures for environmental pollution, for the acts of violations specified in Clause 5 of this Article.
Article 32. Violations of regulations on environmental improvement and restoration in mining
1. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the act of improperly implementing or failing to implement any of the contents of the environmental improvement and restoration plan as specified.
2. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for the act of failing to obtain the certificate of completion of each part or the entire of the environmental improvement and restoration plan as specified.
3. A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of failing to have the environmental improvement and restoration plan approved by a competent agency.
4. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to conduct the improvement or restoration of environment upon the completion of each mining phase or all mining activities according to the approved environmental improvement and restoration plan.
5. Additional sanctions:
Suspension of mining activities for between 06 and 12 months for the violations specified in Clauses 2, 3 and 4 of this Article.
6. Remedial measures:
a) Forcible formulation of the environmental improvement and restoration plan for cases of violations specified in Clause 3 of this Article;
b) Forcible proper implementation of all contents about the environmental improvement and restoration within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in Clause 4 of this Article;
c) Forcible payment of costs for conducting expertise solicitation, inspection, measurement and analysis of environmental samples according to current norms and prices for the act of discharging waste in excess of the permitted limits specified in environmental technical regulations or causing environmental pollution, for violations specified in this Article;
d) Forcible application of remedial measures for environmental pollution and submission of report on results thereof within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for the violations specified in this Article.
Article 33. Violations of regulations on oil spill response
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of causing the oil spill accidents or failing to timely report to the competent agency in charge of receiving oil spill-related information upon the detection of oil spill accidents as specified.
2. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for any of the following acts of violations:
a) Failing to organize training courses or appoint officials, employees in charge of responding to oil spills to attend training courses to improve their skills in oil spill response;
b) Failing to organize practice and training in oil spill response skills as specified.
3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to submit reports on oil spill response and remedy as specified.
4. Sanctioning for acts of violations involving in production, trading or services in petrol and oil that have risk of causing oil spills on land at a less severe level shall be as follows:
a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed if the manager or employee directly involving in the production, trading, transport or storage of petrol, oil or liquefied petroleum gas does not have the certificate of training in environmental protection;
b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to invest or failing to enter into contracts for oil spill response with the establishments having means and equipment for oil spill response or the regional oil spill response centers at a level in corresponding with the oil-spill occurrence rates in regions under their responsibility to timely mobilize means, equipment and materials to respond to any oil spills as specified;
c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to maintain the preparedness to provide means, equipment and materials to participate in response to oil spills at the request of competent agencies;
d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to have the oil spill response plan approved by the district-level People’s Committee as specified;
dd) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to formulate the plan for response to oil spills and arrange personnel to timely and effectively prevent and respond to oil spills at a level in corresponding with the oil-spill occurrence rate due to their own activities as specified.
5. Sanctioning for violations involving activities of investors in ports, owners of establishments and projects that have risk of causing oil spills shall be as follows:
a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to invest or failing to enter into contracts for oil spill response with the establishments having means and equipment for oil spill response or the regional oil spill response centers at a level in corresponding with the oil-spill occurrence rates in regions under their responsibility with the aim of mobilizing means, equipment and materials for responding to any oil spills as specified;
b) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to maintain the preparedness to provide means, equipment and materials to respond to oil spills at the request of competent agencies;
c) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to have the oil spill response plan approved by the provincial-level People’s Committee as specified;
d) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to formulate the urgent plan for response to oil spills and arrange personnel to take charge of timely and effectively preventing and responding to oil spills at a level in corresponding with the oil-spill occurrence rate caused by their own activities as specified.
6. Sanctioning for violations involving offshore petroleum activities that have risk of causing oil spills shall be as follows:
a) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to invest or failing to enter into contracts for oil spill response with the establishments having means and equipment for oil spill response or the regional oil spill response centers at a level in corresponding with the oil-spill occurrence rates in regions under their responsibility to mobilize means, equipment and materials for responding to any oil spills as specified;
b) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to maintain the preparedness to provide means, equipment and materials to respond and remedy to oil spills at the request of competent agencies;
c) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to have the oil spill response plan approved by the National Committee for Search and Rescue as specified;
d) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for the act of failing to formulate the urgent plan for response to oil spills and arrange personnel to timely and effectively prevent and respond to oil spills at a level in corresponding with the oil-spill occurrence rate caused by their own activities as specified.
7. Sanctioning for violations involving activities of oil tankers that have risk of causing oil spills shall be as follows:
a) A fine of between VND 25,000,000 and VND 35,000,000 shall be imposed for the act of failing to have the Plan for tanker-sourced oil and chemical pollution response approved by a competent state agency as specified;
b) A fine of between VND 35,000,000 and VND 45,000,000 shall be imposed for the act of failing to have the Plan for transfer of oil between oils tankers at sea approved by a competent state agency as specified;
c) A fine of between VND 45,000,000 and VND 55,000,000 shall be imposed for the act of failing to formulate the Plan for response to toxic chemical and oil spill accidents for timely instructing and assisting oil tankers occurring oil spills in responding and remedy to oil spills;
d) A fine of between VND 55,000,000 and VND 65,000,000 shall be imposed for the act of failing to maintain insurance or other financial security with civil liability as required by laws to compensate for damage caused by the oil pollution as specified.
8. Sanctioning for the act of causing oil conflagration or oil spills, except for environmental crimes, shall be as follows:
a) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed if the amount of oil is less than 2,000 kg;
b) A fine of between VND 80,000,000 and VND 150,000,000 shall be imposed if the amount of oil is between 2,000 kg and less than 10,000 kg;
c) A fine of between VND 150,000,000 and VND 250,000,000 shall be imposed if the amount of oil is between 10,000 kg and less than 20,000 kg;
d) A fine of between VND 250,000,000 and VND 350,000,000 shall be imposed if the amount of oil is between 20,000 kg and less than 50,000 kg;
dd) A fine of between VND 350,000,000 and VND 450,000,000 shall be imposed if the amount of oil is between 50,000 kg and less than 100,000 kg;
e) A fine of between VND 450,000,000 and VND 550,000,000 shall be imposed if the amount of oil is between 100,000 kg and less than 200,000 kg;
g) A fine of between VND 550,000,000 and VND 650,000,000 shall be imposed if the amount of oil is between 200,000 kg and less than 300,000 kg;
h) A fine of between VND 650,000,000 and VND 750,000,000 shall be imposed if the amount of oil is between 300,000 kg and less than 400,000 kg;
i) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed if the amount of oil is between 400,000 kg and less than 500,000 kg;
k) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed if the amount of oil is 500,000 kg or above.
9. Sanctioning for the act of failing to apply measures for remedying oil conflagration or oil spill, or failing to make compensation for damage caused by the oil pollution shall be as follows:
a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed if the amount of oil is less than 2,000 kg;
b) A fine of between VND 100,000,000 and VND 200,000,000 shall be imposed if the amount of oil is between 2,000 kg and less than 10,000 kg;
c) A fine of between VND 200,000,000 and VND 300,000,000 shall be imposed if the amount of oil is between 10,000 kg and less than 20,000 kg;
d) A fine of between VND 300,000,000 and VND 400,000,000 shall be imposed if the amount of oil is between 20,000 kg and less than 50,000 kg;
dd) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed if the amount of oil is between 50,000 kg and less than 100,000 kg;
e) A fine of between VND 500,000,000 and VND 600,000,000 shall be imposed if the amount of oil is between 100,000 kg and less than 200,000 kg;
g) A fine of between VND 600,000,000 and VND 700,000,000 shall be imposed if the amount of oil is between 200,000 kg and less than 300,000 kg;
h) A fine of between VND 700,000,000 and VND 800,000,000 shall be imposed if the amount of oil is between 300,000 kg and less than 400,000 kg;
i) A fine of between VND 800,000,000 and VND 900,000,000 shall be imposed if the amount of oil is between 400,000 kg and less than 500,000 kg;
k) A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed if the amount of oil is 500,000 kg or above.
10. Remedial measures:
a) Forcible payment of costs for conducting inspection, assessment, measurement and analysis of environmental samples according to current norms and prices in cases of oil spills or causing environmental pollution, for the violations specified in this Article;
b) Forcible application of remedial measures for environmental pollution and submission of report on results thereof, forcible compensation for damage caused by the oil pollution as specified within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation, for the violations specified in Clauses 8 and 9 of this Article.
Article 34. Violations of regulations on transport of dangerous goods, prevention of, response and remedy to environmental incidents, and environmental protection in respect of chemicals, pesticides and veterinary medicine
1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations involving the transport of dangerous goods:
a) Failing to make reports on the transport of dangerous goods as specified;
b) Violating regulations on conditions for transport of dangerous goods; failing to use specialized equipment and vehicles for transporting dangerous goods as specified;
c) Failing to stick dangerous goods symbols or danger warning signs on vehicles used for transporting dangerous goods;
d) Failing to comply with procedures for cleaning vehicles transporting dangerous goods or failing to clean vehicles transporting dangerous goods at specified places;
dd) Transporting dangerous goods without the license to transport dangerous goods being toxic or infectious substances as specified.
2. Sanctioning for violations of regulations on prevention of, response and remedy to environmental incidents in production, business and service provision shall be as follows:
a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to report the detected environmental incident to the nearest agency in charge of environmental protection and competent state agencies;
b) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the acts of failing to comply with the plan on environmental incident prevention and response; failing to submit reports on response and remedy to an occurred environmental incident to state management agency in charge of environmental protection;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to formulate plans on environmental incident prevention and response as specified;
d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of failing to meet personnel and equipment and failing to organize training and drilling courses in environmental incident prevention and response as specified;
dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of failing to formulate plan and adopt measures for environmental incident prevention and response in exploration, mining and processing of minerals; the act of failing to comply or improperly complying with orders for emergency mobilization of personnel, materials and equipment for remediating environmental incidents;
e) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to implement measures under their responsibility for timely responding to and remediating environmental incidents;
g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of causing environmental incidents, except for environmental crimes;
h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the acts of violations specified at Point g of this Clause without remediating environmental incidents or resulting the environmental pollution, failing to make compensation for damage caused by such environmental incidents as prescribed, except for environmental crimes.
3. Sanctioning for violations of regulations on environmental protection in respect of chemicals, pesticides and veterinary medicines:
a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to apply for registration of chemical emission, or failing to inventory, report and manage information about chemicals, pesticides and veterinary medicines as specified; using chemicals, pesticides, veterinary medicines in contravention to regulations resulting in the environmental pollution;
b) A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for the act of failing to conduct the environmental monitoring with respect of hazardous chemicals as specified or at the request of a competent agency;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to assess and control chemical emissions as specified;
d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of using pesticides, veterinary medicines, chemicals which have been expired or are not in the list of chemicals, pesticides or veterinary medicines permitted to be used resulting in the environmental pollution;
dd) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of importing chemicals, containers of hazardous chemicals which fail to meet regulations on environmental protection.
4. Additional sanctions:
a) Deprivation of the right to use the license to transport dangerous goods being toxic or infectious substances for between 01 and 03 months, for cases of violations specified at Point b Clause 1 of this Article;
b) Suspension of operation of dangerous goods transport for between 03 and 06 months, for cases of violations specified at Point dd Clause 1 of this Article;
c) Suspension of the establishment’s activities causing the environmental pollution for between 03 and 06 months, for cases of violations specified at Point g Clause 2 of this Article;
d) Suspension of the establishment’s operation for between 06 and 09 months, for cases of violations specified at Point h Clause 2 of this Article;
dd) Suspension of the establishment’s activities causing the environmental pollution for between 09 and 12 months for cases of violations at Points c, d and dd Clause 3 of this Article;
5. Remedial measures:
Forcible application of remedial measures for environmental pollution and submission of report of results thereof, for environmental incidents within the period as defined by the person with sanctioning competence in the decision on sanctioning of administrative violation, for the violations specified at Points g and h Clause 2 of this Article.
Article 35. Violations of regulations on payment of environmental protection charge, environmental improvement and restoration deposits in mining activities, and insurance for liability to pay compensation for environmental damage
1. Sanctioning of administrative violations related to environmental protection charge shall comply with the Government’s Decree on sanctioning of administrative violations in the field of management of prices, charges, fees and invoices. The fine imposed for each act of violation related to environmental protection charge shall not exceed VND 1,000,000,000.
2. A fine of 0.05% of the environmental improvement and restoration deposit which is unpaid per day shall be imposed for the act of making late payment of deposits as specified.
3. A fine of between two and three times the required deposit shall be imposed for the act of failing to make payment of the environmental improvement and restoration deposit as specified. Total fine imposed for each act of violation shall not exceed VND 1,000,000,000.
4. A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the act of failing to purchase insurance for liability to pay compensation for environmental damage or failing to set up risk reserve funds as prescribed.
5. Remedial measures:
a) Collection of the unpaid or evaded amount of environmental protection charge that is calculated from the time of owing or evasion of environmental protection charge (the collected amount shall be calculated according to the result of waste sample analysis by the state agency competent to examine, inspect and sanction as prescribed), for the acts of violations specified in Clause 1 of this Article;
b) Forcible payment of costs for conducting expertise solicitation, inspection, measurement and analysis of environmental samples according to current norms and prices for the act of discharging waste in excess of the permitted limits specified in environmental technical regulations or causing environmental pollution, for violations specified in this Article;
c) Forcible payment of environmental improvement and restoration deposits in mining activities; forcible purchase of insurance for liability to pay compensation for environmental damage for the acts of violations specified in Clauses 3 and 4 of this Article.
Article 36. Violations of regulations on collection, management, exploitation and use of environmental data and information
1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of illegally obstructing the monitoring, collection, exchange, exploitation and use of environmental data and information.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violations:
a) Providing environmental data, information or environmental monitoring results in contravention of defined function and competence;
b) Failing to disclose, provide or announce environmental data and information in production, business and service provision as specified.
3. A fine of between VND 10,000,000 and VND 40,000,000 shall be imposed for the act of illegally accessing to the environmental data and information systems.
4. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for any of the following acts of violations:
a) Failing to make statistics of or archive data on impacts on environment, and waste generated from production and business activities, and service provision as specified;
b) Failing to sufficiently submit data on environmental monitoring and inspection, and other relevant documents to competent state agencies as specified.
5. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of deleting environmental data, information, environmental monitoring results.
6. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of providing false environmental data, information or false environmental monitoring results to competent state agencies as prescribed.
7. Remedial measures:
Forcible correction of false or misleading information about the environmental conditions, for the acts of violations specified in Clauses 2, 4, 5 and 6 of this Article.
Article 37. Violations of regulations on protection and use of works, equipment and means serving environmental protection activities
1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for any of the following acts of violations:
a) Obstructing the operation or use of environmental protection works;
b) Growing plants to cause adverse influence on the technical safety corridor of the environmental protection works.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of illegally moving environmental monitoring machinery and equipment.
3. A fine of between VND 10,000,000 and VND 50,000,000 shall be imposed for the act of building a work which causes adverse influence on the technical safety corridor of the environmental protection work.
4. A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of causing damage to machinery, equipment and environmental protection work.
5. Remedial measures:
a) Forcible dismantlement or relocation of works or plants within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation, for cases of violations specified in Clauses 1 and 3 of this Article;
b) Forcible restoration of original environmental state within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation, for cases of violations specified in this Article.
Article 38. Violations of regulations on provision of environmental monitoring service
1. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of changing any of the conditions in the application for which the certificate of eligibility for provision of environmental monitoring service has been granted but failing to send a written notice to competent state agency as specified.
2. A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed for the act of performing activities improperly with the scope or field stated in the certificate of eligibility for provision of environmental monitoring service; erasing content(s) of the certificate.
3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of changing any of the conditions in the application for which the certificate of eligibility for provision of environmental monitoring service has been granted that results the failure to maintain the satisfaction of specified conditions but continuing to perform environmental monitoring.
4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Providing data on waste monitoring or environmental supervision in contravention of the existing pollution or environmental status of organizations, individuals;
b) Colluding with organizations, individuals in making false report on results of waste monitoring or environmental supervision to ensure the compliance with environmental technical regulations;
c) Providing, selling or giving data on waste monitoring or environmental supervision results of organization, individual in contravention of law regulations.
5. A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the act of failing to have a certificate of eligibility for provision of environmental monitoring service (for each monitoring parameter or content) as specified or conducting environmental monitoring activities when the certificate of eligibility for provision of environmental monitoring service has been expired.
6. Additional sanctions:
a) Deprivation of the right to use the certificate of eligibility for provision of environmental monitoring service for between 03 and 06 months for cases of violations specified in Clauses 2 and 3 of this Article;
b) Deprivation of the right to use the certificate of eligibility for provision of environmental monitoring service for between 06 and 12 months for cases of violations specified at Point a Clause 4 of this Article;
c) Deprivation of the right to use the certificate of eligibility for provision of environmental monitoring service for between 12 and 24 months for cases of violations specified at Points b and c Clause 4 of this Article;
d) Suspension of illegal environmental monitoring activities for cases of violations specified in Clause 5 of this Article.
Article 39. Violations of regulations on conservation and sustainable development of natural ecosystems
1. A warning shall be imposed for the act of failing to submit regular reports on the reserve’s biodiversity status to a competent state agency as specified.
2. Sanctioning for building works, houses or tents without the license granted by competent state agencies in eco-restoration sub-zones or strictly protected sub-zones of sanctuaries shall be as follows:
a) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of transporting materials, equipment for building works, houses or tents in the reserve’s eco-restoration sub-zone;
b) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of transporting materials, equipment for building works, houses or tents in the reserve’s strictly protected sub-zone;
c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of building a work, house or tent in the reserve’s eco-restoration sub-zone;
d) A fine of between VND 50,000,000 and VND 80,000,000 shall be imposed for the act of building work, house or tent in the reserve’s strictly protected sub-zone;
dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of conducting minerals surveys, exploration and mining of minerals; breeding cattle or poultry with a scale of breeding farm, or carrying out aquaculture activities with an industrial scale causing the environmental pollution in the reserve's strictly protected sub-zone and eco-restoration sub-zone.
3. Sanctioning for activities causing impacts on the natural ecosystem in the reserve and causing damage to the landscape or natural ecosystem (such as digging, leveling, blasting, digging or embanking to prevent water flow, using fire or toxic preparations) without the license granted by competent state agencies shall be as follows:
a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of violation causing damage to less than 200 m2 of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone;
b) A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for the act of violation causing damage to between 200 m2 and less than 400 m2 of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone;
c) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of violation causing damage to between 400 m2 and less than 800 m2 of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone;
d) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed for the act of violation causing damage to between 800 m2 and less than 1,200 m2 of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone;
dd) A fine of between VND 80,000,000 and VND 150,000,000 shall be imposed for the act of violation causing damage to between 1,200 m2 and less than 1,500 m2 of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone, or the act of violation causing damage to less than 100 m2 of land, wetland or water surface in the reserve’s strictly protected sub-zone;
e) A fine of between VND 150,000,000 and VND 250,000,000 shall be imposed for the act of violation causing damage to between 1,500 m2 and less than 2,000 m2of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone, or the act of violation causing damage to between 100 m2 and less than 200 m2 of land, wetland or water surface in the reserve’s strictly protected sub-zone;
g) A fine of between VND 250,000,000 and VND 400,000,000 shall be imposed for the act of violation causing damage to 2,000 m2 or more of land, wetland or water surface at areas outside the reserve’s strictly protected sub-zone, or act of violation causing damage to between 200 m2 and less than 300 m2 of land, wetland or water surface in the reserve’s strictly protected sub-zone.
4. Additional sanctions:
Confiscation of material evidences and means used in administrative violations for cases of violations specified in Clause 2 and Clause 3 of this Article.
5. Remedial measures:
a) Forcible restoration of original environmental state, including the replanting, caring and protection of destroyed reserve area; Forcible restoration of biotope for animals, for cases of violations specified in this Article;
b) Forcible dismantlement of the work, house or tent which has been illegally built, for cases of violations specified in Clause 2 of this Article.
Article 40. Violations of regulations on species of wild flora, plant varieties, fungi and microorganisms in the list of endangered, precious and rare species prioritized for protection
1. A warning shall be imposed for the act of planting or propagating species of wild flora, plant varieties, fungi and microorganisms in the list of endangered, precious and rare species prioritized for protection without notification as prescribed.
2. Sanctioning for illegally exploiting plant varieties, fungi and microorganisms in the list of endangered, precious and rare species prioritized for protection; illegally storing, transporting or trading plant varieties, fungi and microorganisms in the list of endangered, precious and rare species prioritized for protection shall be as follows:
a) A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed if material evidences used in violations are worth less than VND 500,000;
b) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed if material evidences used in violations are worth from VND 500,000 to less than VND 1,500,000;
c) A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed if material evidences used in violations are worth from VND 1,500,000 to less than VND 5,000,000;
d) A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed if material evidences used in violations are worth from VND 5,000,000 to less than VND 10,000,000;
dd) A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed if material evidences used in violations are worth from VND 10,000,000 to less than VND 20,000,000;
e) A fine of between VND 60,000,000 and VND 120,000,000 shall be imposed if material evidences used in violations being plant varieties, fungi, microorganisms are worth VND 20,000,000 or more; or if material evidences used in violations are worth from VND 20,000,000 to less than VND 30,000,000.
3. Sanctioning for illegally exploiting species of wild flora in the list of endangered, precious and rare species prioritized for protection shall be as follows:
a) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed if material evidences used in violations are worth less than VND 1,000,000;
b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed if material evidences used in violations are worth from VND 1,000,000 to less than VND 2,000,000;
c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed if material evidences used in violations are worth from VND 2,000,000 to less than VND 5,000,000;
d) A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed if material evidences used in violations are worth from VND 5,000,000 to less than VND 10,000,000;
dd) A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed if material evidences used in violations are worth from VND 10,000,000 to less than VND 20,000,000;
e) A fine of between VND 60,000,000 and VND 120,000,000 shall be imposed if material evidences used in violations are worth from VND 20,000,000 to less than VND 30,000,000, or if the volume of timber being the material evidence used in violations is less than 0.5 m3.
4. A fine of between VND 60,000,000 and VND 120,000,000 shall be imposed for the act of illegally storing, transporting, processing or trading species of wild flora in the list of endangered, precious and rare species prioritized for protection worth from VND 20,000,000 to less than VND 30,000,000 or with the volume of timber of less than 1.5 m3.
5. Additional sanctions:
Confiscation of material evidences and means used in administrative violations for cases of violations specified in Clauses 1, 2, 3 and 4 of this Article.
Article 41. Violations of regulations on protection of wild species in strictly protected sub-zones of reserves, except for reserves of special-use forest system and marine reserves
1. Sanctioning for the act of illegally exploiting wild species which are not in the list of endangered, precious and rare species prioritized for protection in the reserve’s strictly protected sub-zone shall be as follows:
a) A warning or a fine of between VND 100,000 and VND 500,000 shall be imposed if material evidences used in violations are worth less than VND 500,000;
b) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed if material evidences used in violations are worth from VND 500,000 to less than VND 1,500,000;
c) A fine of between VND 3,000,000 and VND 10,000,000 shall be imposed if material evidences used in violations are worth from VND 1,500,000 to less than VND 5,000,000;
d) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed if material evidences used in violations are worth from VND 5,000,000 to less than VND 10,000,000;
dd) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed if material evidences used in violations are worth from VND 10,000,000 to less than VND 20,000,000;
e) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed if material evidences used in violations are worth from VND 20,000,000 to less than VND 30,000,000;
g) A fine of between VND 80,000,000 and VND 120,000,000 shall be imposed if material evidences used in violations are worth from VND 30,000,000 to less than VND 40,000,000;
h) A fine of between VND 120,000,000 and VND 160,000,000 shall be imposed if material evidences used in violations are worth from VND 40,000,000 to less than VND 50,000,000;
2. Additional sanctions:
Confiscation of material evidences and means used in administrative violations for cases of violations specified in this Article.
Article 42. Violations of regulations on management of biodiversity conservation institutions
1. A warning shall be imposed for the act of failing to make reports on status of species in the list of endangered, precious and rare species prioritized for protection as specified.
2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of failing to conduct the registration, declaration of origin, prepare dossiers for monitoring individuals of species in the list of endangered, precious and rare species prioritized for protection.
3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for any of the following acts of violations:
a) After the issuance of certificate of biodiversity conservation institution, failing to maintain the satisfaction of any of the eligibility requirements for such certificate of biodiversity conservation institution;
b) Failing to comply with competent state agencies’ regulations on protection, breeding and caring of species in the list of endangered, precious and rare species prioritized for protection;
c) Failing to comply with competent state agencies’ regulations on storage and conservation of genetic resources and genetic specimens.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violations:
a) Making false statement of fulfilled eligibility requirements for certificate of biodiversity conservation institution;
b) Operating without a certificate granted by a competent agency.
5. Additional sanctions:
a) Deprivation of the right to use the certificate of biodiversity conservation institution for between 03 and 06 months for cases of violations specified in Clause 3 of this Article;
b) Confiscation of material evidences and means used in administrative violations for cases of violations specified in Clause 4 of this Article.
Article 43. Violations of regulations on management of invasive alien species
1. A warning shall be imposed for the act of rearing, storing, transporting, growing or propagating invasive alien species outside the reserve for non-commercial purposes provided their development and spread are under control and they have not yet caused damage.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of rearing, storing, transporting, growing or propagating invasive alien species outside the reserve for commercial purposes provided their development and spread are under control and they have not yet caused damage.
3. Sanctioning for the acts of rearing, storing, transporting, growing or propagating invasive alien species outside the reserve shall be as follows:
a) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of violation causing damage of less than VND 10,000,000;
b) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed for the act of violation causing damage of between VND 10,000,000 and less than VND 20,000,000;
c) A fine of between VND 80,000,000 and VND 160,000,000 shall be imposed for the act of violation causing damage of between VND 20,000,000 and less than VND 40,000,000;
d) A fine of between VND 160,000,000 and VND 240,000,000 shall be imposed for the act of violation causing damage of between VND 40,000,000 and less than VND 60,000,000;
dd) A fine of between VND 240,000,000 and VND 320,000,000 shall be imposed for the act of violation causing damage of between VND 60,000,000 and less than VND 80,000,000;
e) A fine of between VND 320,000,000 and VND 400,000,000 shall be imposed for the act of violation causing damage of between VND 80,000,000 and less than VND 100,000,000;
g) A fine of between VND 400,000,000 and VND 480,000,000 shall be imposed for the act of violation causing damage of between VND 100,000,000 and less than VND 120,000,000;
h) A fine of between VND 480,000,000 and VND 560,000,000 shall be imposed for the act of violation causing damage of between VND 120,000,000 and less than VND 140,000,000;
i) A fine of between VND 560,000,000 and VND 640,000,000 shall be imposed for the act of violation causing damage of between VND 140,000,000 and less than VND 150,000,000.
4. Sanctioning for the acts of rearing, storing, transporting, growing or propagating invasive alien species within the reserve provided their development and spread are under control shall be as follows:
a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for acts of violation made outside the reserve’s strictly protected sub-zone;
b) A fine of between VND 100,000,000 to VND 200,000,000 shall be imposed for acts of violation made in the reserve’s strictly protected sub-zone.
5. Sanctioning for the acts of rearing, storing, transporting, growing or propagating invasive alien species in the reserve, in case their development and spread are out of control, shall be as follows:
a) An additional fine equal to 20% to 30% of the fines mentioned in Clause 4 of this Article shall be imposed for the violations made outside the reserve’s strictly protected sub-zone;
b) An additional fine equal to 40% to 50% of the fines mentioned in Clause 4 of this Article shall be imposed for the violations made in the reserve’s strictly protected sub-zone.
Total fine imposed for each violation specified in this Clause shall not exceed VND 1,000,000,000.
6. A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the act of importing invasive alien microorganisms.
7. Sanctioning for the act of importing invasive alien animals and plants shall be as follows:
a) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed if the material evidences used in violations are worth less than VND 10,000,000;
b) A fine of between VND 40,000,000 and VND 80,000,000 shall be imposed if the material evidences used in violations are worth from VND 10,000,000 to less than VND 20,000,000;
c) A fine of between VND 80,000,000 and VND 160,000,000 shall be imposed if the material evidences used in violations are worth from VND 20,000,000 to less than VND 40,000,000;
d) A fine of between VND 160,000,000 and VND 240,000,000 shall be imposed if the material evidences used in violations are worth from VND 40,000,000 to less than VND 60,000,000;
dd) A fine of between VND 240,000,000 and VND 320,000,000 shall be imposed if the material evidences used in violations are worth from VND 60,000,000 to less than VND 80,000,000;
e) A fine of between VND 320,000,000 and VND 400,000,000 shall be imposed if the material evidences used in violations are worth from VND 80,000,000 to less than VND 100,000,000;
g) A fine of between VND 400,000,000 and VND 480,000,000 shall be imposed if the material evidences used in violations are worth from VND 100,000,000 to less than VND 120,000,000;
h) A fine of between VND 480,000,000 and VND 560,000,000 shall be imposed if the material evidences used in violations are worth from VND 120,000,000 to less than VND 140,000,000;
i) A fine of between VND 560,000,000 and VND 640,000,000 shall be imposed if the material evidences used in violations are worth from VND 140,000,000 to less than VND 160,000,000;
k) A fine of between VND 640,000,000 and VND 720,000,000 shall be imposed if the material evidences used in violations are worth from VND 160,000,000 to less than VND 180,000,000;
l) A fine of between VND 720,000,000 and VND 800,000,000 shall be imposed if the material evidences used in violations are worth from VND 180,000,000 to less than VND 200,000,000;
m) A fine of between VND 800,000,000 and VND 880,000,000 shall be imposed if the material evidences used in violations are worth from VND 200,000,000 to less than VND 220,000,000;
n) A fine of between VND 880,000,000 and VND 920,000,000 shall be imposed if the material evidences used in violations are worth from VND 220,000,000 to less than VND 230,000,000;
o) A fine of between VND 920,000,000 and VND 1,000,000,000 shall be imposed if the material evidences used in violations are worth from VND 230,000,000 to less than VND 250,000,000.
8. Additional sanctions:
Confiscation of material evidences and means used in administrative violations for cases of violations specified in this Article.
9. Remedial measures:
a) Forcible destruction of all of occurred invasive alien species; forcible restoration of initial state, for cases of violations specified in Clauses 1, 2, 3, 4 and 5 of this Article;
b) Forcible re-export of all of invasive alien species which have been illegally imported to outside of the territory of the Socialist Republic of Vietnam, for cases of violations specified in Clauses 6 and 7 of this Article. In cases of failing to re-export, all of invasive alien species which have been illegally imported must be destroyed.
Article 44. Violations of regulations on management, access and sharing benefit of genetic resources
1. A warning shall be imposed for any of the following violations:
a) Failing to report to competent agencies on the exchange, transfer or provision of genetic resources to other organizations, individuals for the purpose of serving research, development and production of commercial products;
b) Failing to make reports on research activities, results thereof and benefits accrued from the development and production of commercial products as prescribed.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violations:
a) Failing to comply with regulations on management of the investigation and utilization of genetic resources of the organization, individual that has been granted with the license for access to genetic resources;
b) Failing to enter into a contract of access and benefit sharing of genetic resources with the organization, household or individual that is assigned to manage genetic resources;
c) Failing to apply for certification of access to genetic resources from a competent agency with respect to the contract for access and benefit sharing of genetic resources;
d) Failing to share benefits accrued from genetic resources with relevant parties according to contents of the license for access to genetic resources and the contract of access and benefit sharing of genetic resources;
dd) Failing to make specified reports on results of research, development and production of commercial products to competent agencies within the time limit specified in the license for access to genetic resources;
e) Using the license for access to genetic resources in contravention of the licensed contents, purposes.
3. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of exchanging, transferring or providing the managing genetic resources that are assigned for management to other organizations, individuals in contravention of laws.
4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of accessing to genetic resources without the license granted by a competent state agency.
5. Additional sanctions:
a) Deprivation of the right to use the license for access to genetic resources for between 06 and 12 months for acts of violations specified in Clause 2 of this Article;
b) Confiscation of material evidences and means used in administrative violations for cases of violations specified in Clauses 3 and 4 of this Article.
6. Remedial measures:
Forcible withdrawal of outcomes achieved from the illegal access to genetic resources within the period defined by the person with sanctioning competence in the decision on sanctioning of administrative violation for cases of violations specified in this Article.
Article 45. Violations of regulations on scientific research and technological development with respect to genetically modified organisms, their products and genetically modified organism testing
1. A warning or a fine of between VND 100,000 and VND 500,000 shall be imposed for the act of failing to disclose information about the level of risks and measures to manage risks to the environmental and biodiversity when doing research and developing technologies for genetically modified organisms and their genetic specimens.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to conduct research to produce, analysis, testing, isolation of genetically modified organisms and their products at specified places.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Providing false information in the application for the license for genetically modified organism testing, the application for the certificate of biosafety of genetically modified organism or the application for the certificate of genetically modified organisms qualified for use as foods, animal feeds;
b) Failing to comply with contents of the license for genetically modified organism testing, the certificate of biosafety of genetically modified organism or the certificate of genetically modified organisms qualified for use as foods, animal feeds.
4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any act of violations related to research and testing for genetically modified organisms as follows:
a) Hiding information about risks of adverse effects on the environment, biodiversity and human health or domestic animals during the research and testing for genetically modified organisms;
b) Bringing research samples not in the framework of the registered theme or outside the scope of the approved testing license and plan into the territory of the Socialist Republic of Vietnam.
5. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any act of violations related to research and testing for genetically modified organisms as follows:
a) Failing to strictly comply with regulations on isolation causing the release of genetically modified organisms into the environment during the research and testing;
b) Failing to adopt emergency response measures to thoroughly handle and destroy genetically modified organisms when detecting that such genetically modified organisms may cause risks, which are out of control, to the environment, biodiversity, human health and domestic animals;
c) Causing the release of genetically modified organisms into the environment during the research and testing for genetically modified organisms.
6. Additional sanctions:
Deprivation of the right to use the license for genetically modified organism testing, the decision on accreditation of genetically modified organism laboratory, or the decision on accreditation of genetically modified organism testing facility for between 06 and 12 months for cases of violations specified in Clause 5 of this Article.
7. Remedial measures:
a) Forcible destruction of all of genetically modified organisms for which the license for genetically modified organism testing or the certificate of biosafety has not been yet issued;
b) Forcible application of remedial measures for environmental pollution, for cases of violations specified in this Article.
Article 46. Sanctioning for violations of regulations on production, trading, import, storage and transport of genetically modified organisms and their products shall be as follows:
1. A warning or a fine of between VND 100,000 and VND 500,000 shall be imposed for the act of failing to disclose information about the level of risks and measures to manage risks to the environment and biodiversity when importing, trading or releasing genetically modified organisms, their genetic specimens.
2. A fine of between VND 30,000,000 to VND 50,000,000 shall be imposed for the act of producing, trading genetically modified organisms but failing to have a certificate of biosafety as prescribed.
3. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for any of the following acts of violations:
a) Intentionally rearing, culturing or releasing genetically modified organisms, their genetic specimens when failing to have the certificate of biosafety;
b) Illegally importing genetically modified organisms, their genetic specimens.
4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following acts of violations:
a) Intentionally rearing, culturing or releasing genetically modified organisms, their genetic specimens when failing to have the certificate of biosafety, causing adverse effects on the environment and biodiversity;
b) Illegally importing genetically modified organisms, their genetic specimens, causing adverse effects on the environment and biodiversity.
5. Remedial measures:
a) Forcible destruction of all genetically modified organisms, the genetic specimens for the violations specified in Clause 2, Point a Clause 3 and Point a Clause 4 of this Article;
b) Forcible re-export of shipments of genetically modified organisms, the genetic specimens to outside of the territory of the Socialist Republic of Vietnam, for cases of violations specified at Point b Clause 3 and Point b Clause 4 of this Article. In cases of failure to re-export, shipments of genetically modified organisms, the genetic specimens must be destroyed.
Article 47. Acts of obstructing state management, inspection and imposition of sanctioning of administrative violations in the field of environmental protection
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violations:
a) Causing difficulties in conducting environmental status assessment, investigation, research or monitoring, or in performing duty of competent persons;
b) Uttering words or taking actions threatening, offending or hurting the honor of a person on public duty;
c) Refusing to receive decision on inspection or supervision, decision on sanctioning of administrative violations or decisions to enforce decisions on sanctioning of administrative violations;
d) Failing to organize talks on environmental issues at the requests of competent environment agencies or according to complaints, denunciations, or claims made by relevant organizations, individuals as prescribed.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violations:
a) Failing to make declaration or making declaration with untrue information or failing to comply with the time limit for submission of declaration at the request of the person on public duty or competent state management agency;
b) Failing to provide or providing insufficient information or documents concerning the inspection and imposition of sanctioning for administrative violation by the person on public duty or competent state management agency;
c) Failing to cooperate or causing obstruction in performing tasks of teams of examination and inspection or persons who are assigned to conduct examination and inspection of environmental protection;
d) Failing to appoint authorized representative as specified by law to attend the ceremony to announce decision on inspection of environmental protection or failing to appoint authorized representative to work with the inspection team of environmental protection.
3. A fine of between VND 20,000,000 and VND 50,000,000 shall be imposed for the act of deliberately removing the seals of exhibits, facilities, workshops, machinery, equipment under seal, storing or hiding exhibits of violation, or deliberately making change in scenes of administrative violations in the field of environmental protection.
4. A fine of between VND 50,000,000 and VND 80,000,000 shall be imposed for any of the following acts of violations:
a) Delaying or shirking the execution of decision on inspection or decision on sanctioning of administrative violations in the field of environmental protection granted by the competent state agency or person;
b) Failing to strictly and fully implement contents and requirements specified in the conclusion on results of examination and inspection of environmental protection made by competent state agency.
5. Remedial measures:
Forcible fulfillment of requirements for environmental protection activities by competent state management agency or person.
Chapter III
COMPETENCE AND PROCEDURES FOR ADMINISTRATIVE VIOLATION SANCTIONING
Article 48. Competence to sanction administrative violations of Chairpersons of People’s Committees at all levels
1. Chairpersons of commune-level People’s Committees shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 5,000,000;
c) Confiscate a material evidence, mean used in administrative violations worth up to VND 5,000,000;
d) Apply remedial measures prescribed at Points a, b, c and dd Clause 3 Article 4 of this Decree.
2. Chairpersons of district-level People’s Committees shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time within the competence;
d) Confiscate a material evidence, mean used in administrative violations worth up to VND 50,000,000;
dd) Apply remedial measures prescribed at Points a, b, c, dd, e, g, h, i, k, l and m Clause 3 Article 4 of this Decree.
3. Chairpersons of provincial-level People’s Committees shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 1,000,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate material evidences and means used in administrative violations;
dd) Apply remedial measures prescribed in Clause 3 Article 4 of this Decree.
Article 49. Competence to sanction administrative violations of People’s Public Security Forces
1. Policemen who are on duty shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 500,000;
2. Station heads or team commanders of those as prescribed in Clause 1 of this Article shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 1,500,000;
3. Chiefs of commune-level police offices and chiefs of police offices of border gates or export processing zones shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 2,500,000;
c) Confiscate a material evidence, mean used in administrative violations worth up to VND 2,500,000;
d) Apply remedial measures prescribed at Points a, c and dd Clause 3 Article 4 of this Decree.
4. Chiefs of district-level police offices; heads of sections of provincial-level Police Departments, including heads of environmental police offices and heads of immigration departments who are on duty shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 25,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time within the competence;
d) Confiscate a material evidence, mean used in administrative violations worth up to VND 25,000,000;
dd) Apply remedial measures prescribed at Points a, c, dd, i, k, l and m Clause 3 Article 4 of this Decree.
5. Directors of provincial-level Police Departments shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate a material evidence, mean used in administrative violations worth up to VND 50,000,000;
dd) Apply remedial measures prescribed at Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.
6. The Director of the Environmental Police Administration and the Director of Immigration Department who are on duty shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 1,000,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate material evidences and means used in administrative violations;
dd) Apply remedial measures prescribed at Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.
Article 50. Specialized inspectorates’ competence to sanction administrative violations
1. Specialized inspectors in charge of environmental protection and persons who are assigned to conduct specialized inspections of environmental protection of Departments of Natural Resources and Environment, the Vietnam Environment Administration and the Ministry of Natural Resources and Environment who are on duty shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 500,000;
c) Confiscate a material evidence, mean used in administrative violations worth up to VND 500,000;
d) Apply remedial measures prescribed at Points a, c, dd, i, k, l and m Clause 3 Article 4 of this Decree.
2. The Chief Inspectors of Departments of Natural Resources and Environment and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate a material evidence, mean used in administrative violations worth up to VND 50,000,000;
dd) Apply remedial measures prescribed in Clause 3 Article 4 of this Decree.
3. Director of Department of Pollution Control under the Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 250,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate a material evidence, mean used in administrative violations worth up to VND 250,000,000;
dd) Apply remedial measures prescribed in Clause 3 Article 4 of this Decree.
4. The Chief Inspector of the Ministry of Natural Resources and Environment, the Director General of Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the following powers:
a) Impose a warning;
b) Impose a fine of up to VND 1,000,000,000;
c) Deprive the right to use environmental license for a definite time or suspend the operation for a definite time;
d) Confiscate material evidences and means used in administrative violations;
dd) Apply remedial measures specified in Clause 3 Article 4 of this Decree.
5. Head of the specialized inspection team in natural resources and environment of the Ministry of Natural Resources and Environment shall have the sanctioning competence as specified in Clause 3 of this Article.
Heads of specialized inspection teams in natural resources and environment of Departments of Natural Resources and Environment, Vietnam Environment Administration and equivalent-level agencies that are assigned by the Government to conduct specialized inspection of natural resources and environment shall have the sanctioning competence as specified in Clause 2 of this Article.
Article 51. Sanctioning competence of other forces
Border guard force, coast guard force, customs, forest protection force, agriculture and rural development inspectorates, aquatic product inspectorates, market management force, taxation agencies, maritime authorities, and inland waterways authorities shall have the rights to sanction according to the competence specified in Articles 40, 41, 42, 43, 44, 45 and 47 of the Law on Handling of Administrative Violations, for the acts of administrative violations in the field of environmental protection in connection with their managing sectors as specified in this Decree.
Article 52. Determination of competence to sanction administrative violations in the field of environmental protection; transfer of dossiers of cases denoting environmental crimes for criminal prosecution
1. Competence to sanction administrative violations in the field of environmental protection of competent forces is determined as follows:
a) Forest protection force shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving forest protection activities specified in Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree. Agriculture and rural development inspectorates shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving agriculture and rural development activities specified in Clause 5 Article 12, Clause 3 Article 27, Clause 3 Article 34, and Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree. Aquaculture inspectorates shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving aquatic activities specified in Clause 5 Article 12, Clause 3 Article 27, and Articles 39, 41, 42, 43, 44, 45, 46 and 47 of this Decree;
b) Maritime authorities shall, under their competent, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving maritime activities specified in Articles 27, 33, 34 and 47 of this Decree;
c) Inland waterway authorities shall, under their competent, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving inland waterway activities specified in Articles 33, 34 and 47 of this Decree;
d) Border guard force shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection specified in Articles 33, 34, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;
dd) Coast guard force shall, under their competent, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection committed in the coastal zone, the exclusive economic zone or zones under the sovereignty of the Socialist Republic of Vietnam specified in Articles 13, 14, 15, 16, 19, 20; Clauses 7, 8, 9 and 10 Article 21; Clauses 6, 7, 8 and 9 Article 22; and Articles 27, 33, 34, 39, 40, 41,42, 43, 44, 45, 46 and 47 of this Decree;
e) Customs agencies shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection involving customs activities specified in Articles 24, 25, 26, 40, 43, 45, 46 and 47 of this Decree;
g) Market management forces shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations in the field of environmental protection related to market management activities, commodities and the trading and use of wild animals specified in Articles 26, 40, 43, 46 and 47 of this Decree;
h) People’s public security force shall, under their competence, and within their management sectors and scope, have the powers to sanction administrative violations specified at Points d, dd, e, g, i, k, l, m, n and o Clause 1 Article 9; Clause 3 Article 10; Clause 4 Article 11; Points c and d Clause 2, Points c, d, dd and e Clause 3, Points g, h, i and k Clause 4, Clause 5, Points b and c Clause 6, Points c, d, dd, e, g, h, i and k Clause 7 Article 12; Articles 13, 14, 15, 16, 17, 18 and 19; Clauses 1, 2, 3, 9, 10 and 11 Article 20; Point b Clause 2, Clauses 7, 8, 9 and 10 Article 21; Clauses 5, 6, 7 and 8 Article 22; Clauses 5, 6, 7 and 8 Article 23; Clauses 2 and 3, Point dd, e and g Clause 4 Article 24; Clauses 5, 6 and 7 Article 25; Point dd Clause 3, Clauses 4, 5 and 6 Article 27; Clauses 1, 2, 3 and 5 Article 31; Point c Clause 4, Point b Clause 5, Point b Clause 6 and Clause 8 Article 33; Points b and dd Clause 1, Point d Clause 3 Article 34; Clauses 2, 3 and 4 Article 40; Article 41, Article 43 and Article 47 of this Decree;
i) Chairpersons of communal-level People’s Committees shall, within their competent and management scope, have the powers to sanction administrative violations in the field of environmental protection specified in Articles 11, 19, 20, 28, 30, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;
k) Chairpersons of district-level People’s Committees shall, within their competence and management scope, have the powers to sanction administrative violations in the field of environmental protection specified in Articles 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 27, 28, 30, 36, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;
l) Chairpersons of Provincial-level People’s Committees shall, within their competence and management scope, have the powers to sanction administrative violations in the field of environmental protection specified in this Decree;
m) Chief Inspectors of Departments of Natural Resources and Environment and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the powers to sanction administrative violations in the field of environmental protection specified in this Decree, for the acts of administrative violations committed within the provinces or central-affiliated cities under their management;
n) Chief Inspector of the Ministry of Natural Resources and Environment, the Director General of Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall, under their competence, have the powers to sanction administrative violations in the field of environmental protection specified in this Decree within the nationwide scope.
2. The persons competent to sanction administrative violations as specified in Clause 1 of this Article may, within their assigned functions and duties, implement professional methods to detect administrative violations in the field of environmental protection; make written records of administrative violations in the field of environmental protection which are not under their competence, and coordinate with agencies, persons competent to sanction administrative violations in the field of environmental protection in examining, inspecting and handling such violations in accordance with law regulations.
In case an organization or individual commits more than one act of administrative violation in the field of environmental protection, the sanctioning competence shall comply with Clause 4 Article 52 of the Law on Handling of Administrative Violations.
3. Transfer of dossiers of cases denoting environmental crimes for criminal prosecution and dossiers of violations for administrative sanctioning:
a) The transfer of dossiers of cases denoting environmental crimes for criminal prosecution and dossiers of violations for sanctioning of administrative violations shall comply with Articles 62 and 63 of the Law on Handling of Administrative Violations and the Code of Criminal Procedures.
b) Handling of violations suspected of environmental crimes which are detected through the inspection shall comply with the law on inspection.
Article 53. Responsibility and coordination mechanism in examination, inspection and sanctioning of administrative violations in the field of environmental protection
1. The examination, inspection and sanctioning of administrative violations in the field of environmental protection must ensure the principle of non-overlap and not causing influence on normal activities of violating organizations and individuals. A business establishment or enterprise is inspected by only one examination or inspection team in the field of environmental protection every year, except for unexpected examination and inspection according to law regulations.
2. The Ministry of Natural Resources and Environment shall perform the unified state management of examination, inspection and sanctioning of administrative violations in the field of environmental protection nationwide with the following contents:
a) Formulate, approve and implement the plan for examination, inspection in the field of environmental protection of the Ministry of Natural Resources and Environment nationwide according to law regulations; annually orientate ministries, ministerial-level agencies and provincial-level People’s Committees in subjects, sectors and regions of examination and inspection related to environmental protection;
b) Direct provincial-level People’s Committees to formulate, approve and implement their plans for examination and inspection in the field of environmental protection; provide guidance on professional procedures for examining, inspecting and sanctioning administrative violations in the field of environmental protection;
c) Coordinate with People’s Public Security Force in detecting, preventing and combating crimes and violations related to environmental protection; timely provide information about organizations, individuals suspected of environmental crimes to the People’s Public Security Force according to the law regulations;
d) Assume the prime responsibility for handling overlapped examination, inspection and sanctioning of administrative violations in the field of environmental protection according to the principles, responsibility and coordination mechanism specified in this Article; synthesize and announce results of sanctioning of administrative violations in the field of environmental protection nationwide.
3. The Ministry of Public Security shall take responsibility for and direct the People’s Public Security Forces in implementing measures to prevent, detect, combat environmental crimes and violations related to environmental protection, and shall be responsible for:
a) Organizing the inspection of compliance with the laws according to the law regulations and guidelines of the Ministry of Natural Resources and Environment; the subjects of the plan for annual examination and inspection specified at Point a Clause 2 and Point a Clause 4 of this Article shall not be the one of such inspection, except for cases with signs of environmental crimes;
b) Assuming the prime responsibility for, and coordinating with the Ministry of Natural Resources and Environment in, and directing People’s Public Security force at all levels to take charge and coordinate with specialized agencies of environmental protection at all levels in inspecting the compliance with laws on environmental protection by agencies, organizations and individuals in accordance with laws;
c) Providing information and directing the People’s Public Security Force to provide information about violations related to environmental protection committed by subjects of the plan for annual examination and inspection of state management agencies in charge of environmental protection;
d) Directing the People’s Public Security Force to coordinate with specialized agencies in charge of environmental protection at all level in conducting unexpected examination of organizations, individuals with suspected signs of violations upon the detection of the People’s Public Security Force. The inspection team established by the People’s Public Security Force must include member(s) of a specialized agencies in charge of environmental protection;
dd) Every 06 months and on an annual basis, submitting reports on the inspection and sanctioning of administrative violations in the field of environmental protection of the People’s Public Security Force to the Ministry of Natural Resources and Environment for synthesis and announcement as prescribed.
4. Departments of Natural Resources and Environment shall be responsible for:
a) Formulating plans for examination, inspection in the field of environmental protection on the basis of guidelines of the Ministry of Natural Resources and Environment and of plans for examination, inspection that are approved by provincial-level People’s Committees; approving the plans and organizing the implementation of approved plans for examination, inspection in the field of environmental protection in localities under the competence after obtaining written consent of the Ministry of Natural Resources and Environment;
b) Participating in teams of examination and inspection responsible by the Ministry of Natural Resources and Environment or the People’s Public Security Force to examine and inspect the compliance with law on environmental protection in localities; coordinating with the People’s Public Security Force in preventing, detecting and combating environmental crimes and violations related to environmental protection committed by organizations and individuals in provinces;
c) Synthesizing and submitting reports on results of examination, inspection and sanctioning of administrative violations in the field of environmental protection in provinces to the Ministry of Natural Resources and Environment and provincial-level People’s Committees on biannual and annual basis.
5. Ministries, ministerial-level agencies and People’s Committees at all levels shall coordinate in examining, inspecting and sanctioning administrative violations in the field of environmental protection, ensuring the principle specified in Clause 1 of this Article.
Article 54. Procedures for deprivation of the right to use environmental licenses for a definite time or suspension of operation for a definite time or forcible application of remedial measures and responsibilities of relevant agencies
1. Procedures for deprivation of the right to use environmental licenses for a definite time or suspension of operation for a definite time applicable to activities causing the environmental pollution or production, business and service establishments causing the environmental pollution as specified in Chapter II of this Decree shall comply with the Law on Handling of Administrative Violations.
2. In case the organization or individual whose the right to use environmental license has been deprived for a definite time does not have production, business activities or services related to the deprived environmental license, the person with sanctioning competence shall return the license to such organization or individual after the deprivation period specified in the decision on sanctioning.
3. In case organizations, individuals whose the right to use environmental licenses has been deprived for a definite time or whose activities have been suspended for a definite time have activities of production, business and services causing the environmental pollution, agencies, organizations implementing decisions on sanctioning shall have the following responsibilities:
a) The Ministry of Natural Resources and Environment shall coordinate with provincial-level People’s Committees, relevant ministries and branches in directing specialized agencies to organize the deprivation of the right to use environmental license or activities for a definite time or operation suspension for a definite time in cases the environmental impact assessment reports or environmental protection schemes in details or certificates of the registration of satisfaction of environmental standards of violators are approved or granted by ministries, ministerial-level agencies;
The Departments of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with agencies with the sanctioning persons, the People’s Public Security Force and the district-level, commune-level People’s Committees where the organizations or individuals locate or reside and relevant agencies, organizations in, sealing workshops, machinery, equipment of the violating organizations, individuals on the beginning date of depriving the right to use environmental licenses or suspending activities specified in decisions on sanctioning in cases the environmental impact assessment reports, environmental protection schemes in details or certificates of the registration of satisfaction of environmental standards of violators are approved or granted by ministries, ministerial-level agencies or agencies authorized by ministries;
b) Provincial-level People’s Committees shall direct Departments of Natural Resources and Environment to assume the prime responsibility for, and coordinate with agencies with sanctioning persons, the provincial-level Police Departments, the district-level Police Divisions, the district-level, commune-level People’s Committees where the organizations or individuals locate or reside and relevant agencies in, sealing workshops, machinery, equipment of the violating organizations, individuals on the beginning date of depriving the right to use environmental licenses or suspending activities specified in decisions on sanctioning in cases the environmental impact assessment reports, environmental protection schemes in details or certificates of the registration of satisfaction of environmental standards of violating entities are approved or granted by provincial-level People’s Committees, Departments of Natural Resources and Environment or agencies authorized by the provincial-level People’s Committees;
c) The district-level People’s Committees shall assume the prime responsibility for, and coordinate with agencies of sanctioning persons, the district-level Police Departments, the commune-level People’s Committees where the organizations or individuals locate or reside and relevant agencies in, sealing workshops, machinery, equipment of the violating organizations, individuals on the beginning date of depriving the right to use environmental licenses or suspending activities specified in decisions on sanctioning in cases the environmental protection plans, schemes are certified by the district-level People’s Committees or agencies authorized by the district-level People’s Committees.
4. Responsibilities of organizations and individuals whose the right to use environmental licenses is deprived for a definite time or activities are suspended for a definite time or that are subject to forcible application of remedial measures shall be as follows:
a) Organizations, individuals whose the right to use environmental licenses is deprived for a definite time or activities are suspended for a definite time must strictly comply with decisions on sanctioning, facilitate authorities in fulfilling their duties and may resume their activities only when the completion of the remedy to consequences of violations are verified and certified by competent agencies;
b) Organizations, individuals that are subject to forcible application of remedial measures must strictly comply with decisions on sanctioning, and submit reports on results of such remedial measures to sanctioning agencies and agencies giving approval for their environmental impact assessment reports, environmental protection schemes or certifying their environmental protection plans, schemes for inspection;
c) In cases the violations cause the environmental pollution or the violators are subject to forcible implementation of environmental improvement, restoration measures and construction of environmental protection works, the violator must promptly implement remedial measures. Violating organizations or individuals must, after completing remedial measures, send reports on the plan on trial operation of such environmental protection works to competent agencies specified at Point a Clause 2 Article 55 of this Decree for inspection and approval for trial operation; the period for trial operation of the environmental protection works shall be 30 days. The report on the plan for trial operation of environmental protection works shall be made using Form No. 01 in Appendix II to this Decree; the written approval for trial operation of environmental protection works shall be made using Form No. 02 in Appendix II to this Decree.
Article 55. Examination, inspection and certification of completion of the remedy to consequences of violations in the field of environmental protection
1. In cases the sanctioning persons work at competent agencies approving the environmental impact assessment reports, environmental protection schemes or certify environmental protection plans, schemes (hereinafter referred to as competent agencies), procedures for examinations, inspection and certification of results of completing the remedy to consequences of administrative violations carried out by the violating organizations and individuals whose the right to use environmental licenses is deprived or activities are suspended before they resume their activities, or by the one that are liable to implement remedial measures shall be as follows:
a) At least 15 working days before the period of deprivation of the right to use the environmental license, suspension of operation or the specified period for implementing remedial measures expires, the violating organization or individual must send the report on results of completing the remedy to consequences of violations related to environmental protection (together with dossiers, materials, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional agency) to the competent agency with sanctioning person. The report on results of completing the remedy to consequences of violations related to environmental protection shall be made using Form No. 03 in Appendix II to this Decree;
b) Within 05 working days from the date of receiving the report on results of completing the remedy to consequences of violations related to environmental protection, the competent agency shall conduct the examination and inspection of the remedy according to the contents of the decision on sanctioning and conclusion of examination and inspection of environmental protection (if any). The decision on the establishment of team of examination and inspection; the written record of examination and inspection of the remedy to violations related to environmental protection shall be made according to the law on environmental protection and the law on inspection;
c) In case the violating organization or individual has completed the remedy to consequences of violations related to environmental protection, the competent agency shall, within 05 working days from the date of completing the examination and inspection of the remedy (except for cases where expertise result solicitation, measurement and analysis of environmental samples are required), make certification of results of the remedy to consequences of violations related to environmental protection and remove the seals (if any) in order that the organization or individual may resume its activities;
d) If the violating organization or individual does still not yet complete the remedy to consequences of violations related to environmental protection, it shall continue implementing remedial measures provided the period for implementing remedial measures specified in the decision on sanctioning must be ensured; if the specified period is not enough for complete the remedy, such organization or individual may apply to the competent agency for an extension provided it does not exceed 24 months; if the violator deliberately does not implement remedial measures against violations, it shall be forced to implement remedial measures according to the laws.
2. Procedures for examination, inspection and certification of completing the remedy to consequences of administrative violations by the violating organizations and individuals whose the right to use environmental licenses is deprived or activities are suspended for a definite time before they resume their activities, or that are liable to implement remedial measures, in cases the sanctioning persons do not work at competent agencies that approve the environmental impact assessment reports, environmental protection schemes or certify environmental protection plans, schemes (hereinafter referred to as competent agencies), shall be as follows:
a) At least 15 working days before the period of depriving the right to use environmental licenses or suspending activities or the specified period of implementing remedial measures expires, the violating organization or individual must send the report on results of the remedy to consequences of violations related to environmental protection (together with dossiers, documents, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional agency) to:
- The Vietnam Environment Administration (if the project, concentrated production, business and service zone or establishment has its environmental impact assessment report, environmental protection scheme or certificate of the registration of satisfaction of environmental standards approved or granted by the Ministry of Natural Resources and Environment, ministries, ministerial-level agencies or agencies authorized by ministries);
- Department of Natural Resources and Environment (if the project, concentrated production, business and service zone or establishment has its environmental impact assessment report, environmental protection scheme or certificate of the registration of satisfaction of environmental standards approved, granted by the provincial-level People’s Committee, Department of Natural Resources and Environment or an authorized agency of the provincial-level People’s Committee);
- The district-level People’s Committee (if the project, the production, business and service establishment has its environmental protection plan or scheme certified by the district-level People’s Committee or an agency authorized by the district-level People’s Committee).
The report on results of completing the remedy to consequences of violations related to environmental protection must be sent at the same time to the agency of the sanctioning person for coordination in conducting examination and inspection of such remedy. The report on results of implemented remedial measures for violations in the field of environmental protection shall be prepared using Form No. 03 stated in Appendix II to this Decree;
b) Within 05 working days from the date of receiving the report on results of completing the remedy to consequences of violations related in environmental protection, the competent agency specified at Point a of this Clause shall assume the prime responsibility for, and coordinate with the agency of the sanctioning person in, conducting an examination, inspection of results of implemented remedial measures according to the contents of the decision on sanctioning and conclusion of examination, inspection on environmental protection (if any). If necessary, the Vietnam Environment Administration shall assign the Departments of Natural Resources and Environment to conduct the examination, inspection of results of remedial measures for violations subject to the responsibility of examination and inspection of the Vietnam Environment Administration. The decision on the establishment of inspection team and the written record of inspection of results of implemented remedial measures for violations related to environmental protection shall comply with the law on environmental protection and the law on inspection;
c) In case the organization or individual has completed the remedy to consequences of violations related to environmental protection, within 05 working days from the date of completing the examination and inspection of the remedy (except for cases subject to expertise result solicitation, measurement and analysis of environmental samples), the competent agency specified at Point a of this Clause shall issue a conclusion of examination and inspection of the completed remedy to consequences of violations related to environmental protection and notify the responsible agencies specified at Points a, b and c Clause 3 Article 54 of this Decree to remove the seals (if any) in order that the organization or individual may resume its activities;
d) If the violating organization or individual does still not yet complete the remedy to consequences of violations related to environmental protection, it shall continue implementing remedial measures provided the period for implementing remedial measures specified in the decision on sanctioning must be ensured; if the specified period is not enough for completing the implementation of remedial measures, the organization or individual may apply to the competent agency specified at Point a of this Clause for an extension provided it does not exceed 24 months; if the violator deliberately does not implement remedial measures against violations, it shall be forced to implement remedial measures as specified by laws.
3. In case the environmental impact assessment report, the environmental protection scheme or the environmental protection scheme or certificate of environmental protection plan or scheme of a production, business and service zone or establishment is approved or certified by multiple competent agencies, the agency that has the power to examine and inspect the remedy to consequences of violations related to environmental protection shall be the superior agency that has approved or certified it. The superior agency may, where necessary, assign an inferior agency to conduct the examination and inspection of the remedy to consequences of violations related to environmental protection.
Article 56. Regulations on written records and the competence to make records and decisions on sanctioning of administrative violations in the field of environmental protection
1. The written records of administrative violations in the field of environmental protection shall be made in accordance with regulations in Article 58 of the Law on Handling of Administrative Violations and the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations.
2. The persons competent to make written records of administrative violations in the field of environmental protection include:
a) On-duty persons competent to sanction administrative violations in the field of environmental protection;
b) Civil servants and public employees performing environmental protection duty of the Ministry of Natural Resources and Environment or the Vietnam Environment Administration; the Departments of Natural Resources and Environment, Environmental Protection Agencies, and the Management Boards of economic zones, industrial parks, or export processing zones of provinces or central-affiliated cities; Offices of Natural Resources and Environment affiliated to the district-level People’s Committees;
c) Civil servants of ministries, ministerial-level agencies who perform environmental protection duty towards their management sectors;
d) Cadres and civil servants at commune, ward or town who perform environmental protection duty in their localities;
dd) Soldiers of the People’s Public Security Forces, police officers at commune, ward or town and officers in charge of public order who are on duty related to the environmental protection at urban areas, condominiums, commercial areas or public areas;
e) Cadres and civil servants and public employees of forest management boards, the management boards of national parks, nature reserves or biosphere reserves who perform environmental protection duty.
The persons that have the power to make written records of administrative violations specified in this Clause must, upon the detection of any act of administrative violations in the field of environmental protection, timely make the written record for sanctioning or transfer the cases to the persons with sanctioning competence according to the law on handling of administrative violations and this Decree.
3. The forms of written records of administrative violations and of decisions on sanctioning of administrative violations in the field of environmental protection shall comply with the Decree detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations.
The three forms of documents, reports on the remedy to consequences of administrative violations in the field of environmental protection are promulgated in Appendix II to this Decree.
Article 57. Disclosure of information, the competence to and procedures for apply the measure of disclosing information about the pollution status and administrative violations in the field of environmental protection
1. The following organizations and individuals committing acts of administrative violations shall have their information relating to the pollution status and administrative violations in the field of environmental protection disclosed:
a) Organizations and individuals whose the right to use environmental licenses has been deprived;
b) Organizations and individuals whose activities causing the environmental pollution or establishment’s activities causing the environmental pollution have been suspended;
c) Establishments being liable to implement remedial measures being forcible relocation to locations in conformity with the planning and the environment's carrying capacity;
d) Organizations and individuals committing administrative violations in the field of environmental protection which lead to serious consequences or cause bad public opinions.
2. The said information shall be publicly posted on the websites or the newspapers of the Ministry of Natural Resources and Environment, the Vietnam Environment Administration, Departments of Natural Resources and Environment, and the People’s Committees of provinces where administrative violations are committed or the governing agencies of the persons imposing administrative sanctioning are located.
3. The competence and procedures for disclosing information about the pollution status and administrative violations in the field of environmental protection:
a) The agency of the person that has imposed administrative sanctioning as specified in Clause 1 of this Article shall be responsible for disclosing information about the pollution status and administrative violations in the field of environmental protection.
The head of the agency of the person who has issued the decision on sanctioning of administrative violations shall send the document on the information disclosure and the copy of the decision on sanctioning of administrative violations to the person in charge of managing the website or the newspaper of management agency of the ministry, or department or the People’s Committee of province where the administrative violation has been committed within 03 working days from the date of issuing the decision on sanctioning.
b) The disclosed information includes: Name in business registration certificate, trade name, name of the violating organization or individual, main business sectors; head office of the business or service establishment or the organization committing acts of violations; acts of administrative violations in the field of environmental protection; the process and consequences of committed violations; sanctioning, remedial measures and period for implementing remedial measures.
c) The head of the agency in charge of disclosing information must be responsible for disclosed information; correcting untrue information within 01 working day from the date of detecting such untrue information or receiving the request for correction of information, and pay charges for such correction of information.
The person in charge of managing the website or the newspaper must post information on the website within 01 working day or on the next edition of the newspaper from the date of receiving the request; if the information specified at Point b Clause 3 of this Article has been inaccurately posted on the website or the newspaper, the person in charge of managing the website or the newspaper must correct the untrue information posted on the website within 01 working day or the untrue information posted on the newspaper on the next edition, and pay arisen charges.
d) A decision on sanctioning of administrative violations must include reasons for disclosing information of the violating organization or individual on means of mass media, information required to be disclosed, name of the newspaper or the website on which the information shall be posted.
dd) The newspaper or the agency in charge of managing the website shall, upon the receipt of the request for disclosing information, fully post the information on the next edition or time of posting information on the website.
e) In case the information may not be disclosed within the required time limit due to force majeure events, the person competent to disclose information must report it to the superior and must disclose information immediately after the force majeure events have been remediated.
g) The funding for disclosing environmental protection information shall be covered by the budget for environmental expenditures and regular operating expenditure of the agency, unit where the person issuing decision on information disclosure works.
Article 58. Enforcement of decisions on sanctioning; responsibility for organizing the implementation of decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is forcible relocation of the establishment causing serious environmental pollution
1. Coercive measures, the power, contents, procedures, formalities and agencies enforcing the implementation of decisions on sanctioning of administrative violations in the field of environmental protection shall comply with the law on handling of administrative violations.
2. Responsibility for organizing the implementation of decisions on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is forcible relocation of the establishment causing serious environmental pollution:
a) Chairperson of the provincial-level People’s Committee shall direct the implementation of decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is forcible relocation of the establishment causing serious environmental pollution.
Department of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the provincial-level Police Department, the People’s Committee of district where the violating establishment is located, and relevant agencies in, organizing the implementation of decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is forcible relocation of the establishment causing serious environmental pollution.
b) The People’s Committees of district where the establishment being liable to forcible additional sanctioning which is the suspension of operation or forcible remedial measure which is the relocation of the establishment causing serious environmental pollution is located shall be responsible for directing relevant agencies to coordinate to implement the enforcement of forcible suspension or relocation.
c) Relevant People’s Public Security Force shall assume responsibility to ensure the public order and security during the implementation of coercive measures, assign personnel to prevent acts causing disturbance or opposing a person on public duty during the implementation of decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution as requested.
Article 59. Responsibilities of organizations, individuals involved in the implementation of decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution
1. Any organizations, individuals related to the entity that is liable to implement the decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution shall coordinate in enforcing such additional sanctioning which is the suspension of operation or enforcing such remedial measure which is the relocation of the establishment causing serious environmental pollution as requested.
2. The state treasuries, commercial banks and other credit institutions shall implement measures to freeze deposit accounts as of the time of implementing coercive measures specified in the decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.
3. Competent agencies shall revoke environmental licenses and relevant licenses in accordance with law regulations from the time of implementing coercive measures specified in the decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.
Article 60. Responsibilities of relevant ministries or branches in the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution
The Minister of Natural Resources and Environment, ministers and heads of ministerial-level agencies shall, within the ambit of their assigned duties and powers, be responsible for coordinating with Chairpersons of People’s Committees of provinces and central-affiliated cities in implementing decision on the enforcement of additional sanctioning which is the suspension of operation or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 61. Transitional provisions
1. The acts of administrative violations in the field of environmental protection which have been granted written records of administrative violations before the effective date of this Decree shall be imposed according to the Government’s Decree No. 179/2013/ND-CP dated November 14, 2013 defining sanctioning of administrative violations in the field of environmental protection. In case this Decree specifies a mitigating sanctioning for an administrative violation, this Decree shall be applied.
2. Sanctioning for the acts of administrative violations in the field of environmental protection which are committed or detected before the effective date of this Decree but their written records of administrative violations have not been granted shall comply with this Decree.
Article 62. Effect
1. This Decree takes effect on February 01, 2017.
2. The Decree No. 179/2013/ND-CP dated November 14, 2013 of the Government on defining sanctioning of administrative violations in the field of environmental protection ceases to be effective on the effective date of this Decree.
Article 63. Responsibility for guidance and implementation
1. The Minister of Natural Resources and Environment shall, within the ambit of its functions, duties and powers, guide and detail a number of articles of, and organize the implementation of, this Decree.
2. The Minister of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Minister of Public Security in, promulgating regulations on the coordination among state management agencies in the field of environmental protection and environmental police forces in inspecting, preventing environmental crimes and imposing sanctioning on administrative violations in the field of environmental protection.
3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and central affiliated cities take responsibilities for the implementation of this Decree./.
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FOR THE GOVERNMENT
Nguyen Xuan Phuc |
* All Appendices are not translated herein.
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