Nghị định 55/2021/NĐ-CP sửa đổi mức phạt vi phạm hành chính lĩnh vực bảo vệ môi trường

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 155/2016/ND-CP dated November 18, 2016 providing for the sanctioning of administrative violations in the domain of environmental protection

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Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administrations dated November 22, 2019;

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 the Minister of Natural Resources and Environment;

The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 155/2016/ND-CP dated November 18, 2016 providing for the sanctioning of administrative violations in the domain of environmental protection.

Article 1. To amend and supplement a number of articles of the Government's Decree No. 155/2016/ND-CP dated November 18, 2016 providing for the sanctioning of administrative violations in the domain of environmental protection as follows:

1. To amend Point a, Clause 2, Article 1 as follows:

“a) Acts of violation against regulations on environmental protection plans and environmental impact assessment;”

2. To add Clauses 3 and 4, Article 2 as follows:

“3. Organizations subject to sanctioning of administrative violations in the domain of environmental protection in accordance with this Decree include:

a) Private enterprises, joint stock companies, limited liability companies, partnerships and their affiliated units (branches and representative offices) that are established in accordance with the Law on Enterprises;

b) Cooperatives and unions of cooperatives that are established in accordance with the Law on Cooperatives;

c) Foreign investors, foreign-invested economic organizations, Vietnam-based representative offices and branches of foreign traders and Vietnam-based representative offices of foreign trade promotion organizations that are established in accordance with the Law on Investment;

d) State agencies that commit acts of violation not subject to their assigned state management task;

dd) Socio-political organizations and socio-professional organizations;

e) Public non-business units;

g) Other organizations as prescribed by law provisions.

4. Persons competent to make administrative violation records; persons competent to sanction administrative violations in the domain of environmental protection; other agencies and organizations related to environmental protection activities.”

3. To amend Clauses 4, 7, 8, 10 and 11, and add Clauses 14 and 15, Article 3 as follows:

a) To amend Clause 4 as follows:

“4. Hazardous environmental parameters in emission and air environment refer to the environmental parameters specified in the national technical regulation on hazardous substances in ambient air thresholds and some other parameters specified in the national technical regulation on waste, detailed in Section II, Appendix I issued together with this Decree.”

b) To amend Clauses 7 and 8 as follows:

“7. Environmental protection plan includes a declaration on production activities that cause impacts on the environment; an approved environmental protection scheme; a simple environmental protection scheme; a registration form of satisfaction of environmental standards; an environmental protection commitment and the environmental protection plan.

8. Environmental impact assessment report includes a detailed environmental impact assessment report; an environmental impact assessment report made by the operating business establishment; an approved environmental protection scheme; a detailed environmental protection scheme; an additional environmental impact assessment report and the environmental impact assessment report.”

c) To amend Clause 10 as follows:

“10. Certification of completion of environmental protection facilities includes certification of completion of contents of the approved environmental protection scheme; certification of completion of the detailed environmental protection scheme; 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.”

d) To amend Clause 11 as follows:

“11. Environmental protection facilities include waste treatment facilities; solid waste collection and storage facilities and other environmental protection facilities as prescribed by law provisions.”

dd) To add Clauses 14 and 15 as follows:

“14. Suspension of the establishment’s polluting activities mentioned in this Decree means the suspension of activities of parts or items that directly cause environmental pollution or discharge wastes in excess of the allowable level as specified in the technical regulation on environment to the extent that it is likely to cause environmental pollution.

15. Typical nonhazardous solid wastes mentioned in this Decree include ordinary solid wastes arising from medical activities; construction activities; animal husbandry activities; packaging of used plant protection chemicals off which hazardous ingredients have been cleaned; mud dredged from canals and irrigation facilities; mud dredged from seas, rivers, lakes and other bodies of water.”

4. To add Point c, Clause 2; Points o, p, q, r, s and t, Clause 3; and Clause 4 to Article 4 as follows:

a) To add Point c, Clause 2 as follows:

“c) The additional sanction of suspension of operations for a definite period shall be imposed on establishments providing public products and services through the State’s task assignment, order placement or bidding in accordance with the provisions of this Decree, except cases where their violations do not cause environmental pollution or the establishments have stopped committing the violations or have completely remedied the consequences caused by their administrative violations. The time of suspension of operation for a definite period shall be calculated from the time when a state agency assigns a task, places an order or bids to assign a task, appoints a unit or selects another contractor to provide public products and services.”

b) To add Points o, p, q, r, s and t, Clause 3 as follows:

“o) Forcible relocation of projects or establishments to other locations consistent with the planning approved by a competent agency;

p) Forcible review and renovation of waste treatment facilities to meet technical requirements on environmental protection as prescribed by law provisions;

q) Forcible installation of automatic and continuous wastewater or emission monitoring equipment and systems in accordance with provisions within the time limit set by the person competent to sanction in administrative sanctioning decisions;

r) Forcible formulation of an environmental protection plan and submission of such plan to a competent state management agency for certification in accordance with law provisions;

s) Forcible preparation of environmental impact assessment reports for projects on renovation, upgrading and supplementation of environmental protection facilities and submitting them to competent agencies for approval in accordance with law provisions;

t) Forcible demolition of facilities and equipment built in contravention of regulations on environmental protection with the aim of discharging untreated waste into the environment.”

c) To add Clause 4 as follows:

“4. The remedial measures specified at Points a, c, h and m, Clause 3 of this Article shall only be applied when there are sufficient grounds to prove the consequences or illegal profits or underpayment or evasion of environmental protection fees as prescribed by law provisions due to administrative violations, except for the cases of forcible payment of expenses for solicitation of assessment, inspection, survey and analysis of environmental samples.”

5. To amend and supplement Article 6 as follows:

“Article 6. Application of technical regulations on environment and use of environmental parameters to determine administrative violations in the domain of environmental protection and seriousness of such violations; principles of sanctioning a number of administrative violations against regulations on 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 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 specified in the environmental technical regulations.

3. When imposing fines for the act of discharging wastewater (Articles 13 and 14 of this Decree) or discharging dust and emission (Articles 15 and 16 of this Decree) in excess of the allowable limits specified in the environmental technical regulations, if the wastewater or dust and emission contain hazardous environmental parameters, bacteria, nonhazardous environmental parameters and pH values that exceed the allowable limits specified in technical regulations, the sanction shall be determined on the basis of the parameter of wastewater, dust and emission corresponding to the violation with the highest fine level; in cases where the fines determined according to such parameter are equal, the hazardous parameter shall be the parameter for determining the violation.

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 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 an 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.

4. Discharged wastewater volume specified in Articles 13 and 14 of this Decree is the total volume of wastewater discharged into the environment in a day (24 hours). In cases where the discharged wastewater volume cannot be determined, the discharge volume shall be calculated by multiplying the discharged wastewater volume at the time of sampling by 24 hours.

5. With regard to an act of violations against the same regulation specified in Articles 9 and 10, the sanction shall be determined according to the regulation of Article 10 of this Decree.

6. The acts specified at Point 1 Clause 1, Point 1 Clause 2 of Article 9, Point dd Clause 1, Point dd Clause 2 of Article 10, Point d Clause 1, Point d Clause 2, Point d Clause 3, Point d Clause 4, Point d Clause 5 of Article 11 of this Decree are the acts of administrative violation that are being committed and for which the statute of limitations for sanctioning is determined from the time of detecting the violation.

7. With regard to the acts of violation against regulations on formulation and implementation of environmental improvement and restoration plans in mining activities that have been handled as prescribed in Article 32, such violations shall not be sanctioned as prescribed in Article 9 of this Decree.

8. Persons who are not competent to apply remedial measures as prescribed in this Decree shall not be competent to sanction the acts of administrative violation corresponding to such remedial measures.”

6. To amend Point c, Clause 2, Article 7 as follows:

“c) Results obtained by automatic and continuous monitoring equipment or system of emission and wastewater according to average values per day (24 hours) of individuals and organizations that have been tested, verified and calibrated as prescribed by law provisions in cases where automatic and continuous monitoring equipment or system must be installed and data obtained from such equipment or system need to be transmitted directly to the Department of Natural Resources and Environment for inspection and supervision. In cases of detecting that the results exceed the allowable value of wastewater pollution parameters as prescribed in the technical regulations on wastes, the analysis of sample collected at automatic sampling systems must be continued in the following day for determining the violations; in cases of exceeding the allowable value of emission pollution parameters as prescribed in the technical regulations on wastes, within a period of 03 working days, the emission monitoring of that individual or organization must be set in motion for determining the violations.”

7. To amend and supplement Article 8 as follows:

“Article 8. Violations of regulations on implementation of environmental protection plans

1. With regard to acts of violation against regulations on implementation of environmental protection plans for which Natural Resources and Environment Divisions and district-level People's Committees have the competence to certify and that do not fall into the cases specified in Clause 2 of this Article, the sanctions shall be carried out as follows:

a) A warning will be imposed on the act of improperly implementing any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on environmental monitoring and supervision and regulation of Point c of this Clause; the act of failing to notify the certification agencies about the change of project owners, owners of production or service establishments as prescribed by law provisions;

b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed on the act of failing to implement any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on environmental monitoring and 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 on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities as committed in the certified environmental protection plans; the act of improperly building and installing waste treatment facilities as committed in the certified environmental protection plans in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology, lack of waste treatment stages; failure to collect wastes completely leading to the situation in which a certain amount of wastewater and emission generated during the construction and operation of projects, production, business and service plans are not treated before being discharged into the environment;

d) A fine of between VND 1,500,000 and VND 2,000,000 shall be imposed on the act of failing to build or install environmental protection facilities as prescribed by law provisions;

dd) A fine of between VND 2,000,000 and VND 2,500,000 shall be imposed on the act of failing to re-register environmental protection plans as prescribed by law provisions.

2. With regard to acts of violation against regulations on implementation of environmental protection plans for which Natural Resources and Environment Divisions and district-level People's Committees have the competence to certify and that involve business registration certificates issued by provincial-level business registration offices, the sanctions shall be carried out as follows:

a) A fine of between 1,000,000 VND and 5,000,000 VND shall be imposed on the act of improperly implementing any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Point c of this Clause; the act of failing to notify the certification agencies about the change of project owners, owners of production or service establishments as prescribed by law provisions;

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on the act of failing to implement any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on implementation of environmental monitoring and 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 on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities as committed in the certified environmental protection plans; the act of improperly building and installing waste treatment facilities as committed in the certified environmental protection plans in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology, lack of waste treatment stages; failure to collect wastes completely leading to the situation in which a certain amount of wastewater and emission generated during the construction and operation of projects, production, business and service plans are not treated before being discharged into the environment;

d) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the act of failing to build and install environmental protection facilities as prescribed by law provisions;

dd) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed on the act of failing to re-register the environmental protection plans 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 on the act of improperly implementing any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Point c of this Clause; the act of failing to notify the certification agencies about the change of project owners, owners of the production or service establishments as prescribed;

b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the act of failing to implement any of environmental protection measures in the environmental protection plans that are certified by competent state agencies, except for the violations of regulations on implementation of environmental monitoring and 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 on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities as committed in the certified environmental protection plans; the act of improperly building and installing waste treatment facilities as committed in the certified environmental protection plans in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology, lack of waste treatment stages; failure to collect wastes completely leading to the situation in which a certain amount of wastewater and emission generated during the construction and operation of projects, production, business and service plans are not treated before being discharged into the environment;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the act of failing to build and install environmental protection facilities as prescribed by law provisions;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of failing to re-register the environmental protection plans as prescribed by law provisions.

4. With regard to acts of violation against 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 the violations of regulations on environmental monitoring and supervision 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 on the act of failing to implement any of contents in the registration form of satisfaction of environmental standards that are certified by competent state agencies, except for the violations of regulations on environmental monitoring and 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 on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities as committed in the certified registration form of satisfaction of environmental standards; the act of improperly building or installing waste treatment facilities as committed in the certified registration form of satisfaction of environmental standards in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology, lack of waste treatment stages; failure to collect wastes completely leading to the situation in which a certain amount of wastewater and emission generated during the construction and operation of projects, production, business and service plans are not treated before being discharged into the environment;

d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of failing to build and install environmental protection facilities as prescribed by law provisions.

5. Additional sanctions:

a) Suspension of the establishment’s polluting activities for a period of between 01 month and 03 months, for the acts of violation specified at Points c and d, Clause 1, and Points c and d, Clause 2 of this Article;

b) Suspension of the establishment’s polluting activities for a period of between 03 months and 06 months for the violations specified at Points c and d, Clause 3 of this Article, or suspension of the establishment's operations for a period of between 03 months and 06 months for the act of failing to re-register the environmental protection plans specified at Point dd Clause 1, Point dd Clause 2 and Point dd Clause 3 of this Article;

c) Suspension of the establishment’s polluting activities for a period of between 06 months and 09 months for violations specified at Points c and d, Clause 4 of this Article.

6. Remedial measures:

a) Forcible operation of environmental protection facilities in a proper manner; forcible demolition of facilities and equipment built in contravention of regulations on environmental protection with the aim of discharging untreated waste into the environment, for the acts of violation specified at Point c Clause 1, Point c Clause 2, Point c Clause 3 and Point c Clause 4 of this Article;

b) Forcible building and installation of environmental protection facilities in conformity with technical regulations in accordance with provisions within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified at Point d Clause 1, Point d Clause 2, Point d Clause 3 and Point d Clause 4 of this Article;

c) Forcible surrendering of illegal benefits gained from committing the acts of violation specified at Points c and d, Clause 1; Points c, d Clause 2; Points c, d Clause 3 and Points c and d Clause 4 of this Article.”

8. To amend and supplement Article 9 as follows:

“Article 9. Violations of regulations on implementation of decisions on approval of environmental impact assessment reports

1. With regard to acts of violation against regulations on implementation of decisions on approval of environmental impact assessment reports for which provincial-level People's Committees, ministries or ministerial-level agencies have the competence to approve, except for the case specified in Clause 2 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 on the act of failing to cooperate with commune-level People's Committees where the opinions have been collected during the preparation of environmental impact assessment reports in posting decisions on approval of the environmental impact assessment reports at the headquarters of the commune-level People's Committees, in cases where the consultation is required as prescribed by law provisions;

b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the act of failing to notify any change of project owners to the agencies approving the environmental impact assessment reports or the specialized environmental protection agencies at the provincial level;

c) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the act of failing to prepare and send plans for trial operation of the project's waste treatment facilities to the specialized environmental protection agencies of provinces where the project is implemented and the agencies approving the environmental impact assessment reports as prescribed by law provisions;

d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the act of arbitrarily putting waste treatment facilities into trial operation without the approval of competent agencies; the act of failing to halt or reduce the capacity of the project to ensure that the existing waste treatment facilities can treat generated wastes to meet the environmental technical regulations during the trial operation of the project; the act of failing to renovate, upgrade or construct additional waste treatment facilities in conformity with technical requirements on environmental protection as prescribed in cases of detecting that wastes discharged into the environment do not meet technical regulations on environmental protection during the trial operation;

dd) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the act of improperly implementing any of contents in the decisions on approval of environmental impact assessment reports or decisions on environmental approval of the agencies approving the environmental impact assessment reports (if any); the act of failing to fully integrate the contents and requirements of the decisions on approval of environmental impact assessment reports into investment projects or construction investment projects, except for the cases where there is a change but it is not required to report to competent state agencies as prescribed, or the violations of regulations on environmental monitoring and supervision and the cases specified at Points b, h and m of this Clause;

e) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of failing to implement any of contents in the decisions on approval of environmental impact assessment reports, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Points b, c and k of this Clause;

g) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on the act of failing to review, renovate and upgrade waste treatment facilities in cases where the waste treatment facilities fail to meet the technical regulations on wastes and as requested by competent state agencies as a basis for preparing dossiers of application for certification of completion of environmental protection facilities;

h) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on the act of building and installing equipment, pipelines or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities; the act of failing to conduct the trial operation of waste treatment facilities and projects at the same time; the act of improperly building and installing waste treatment facilities as committed in the decisions on approval of environmental impact assessment reports in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology or lack of waste treatment stages;

i) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of failing to immediately stop the trial operation of waste treatment facilities and promptly report to specialized environmental protection agencies at the provincial level of localities where the projects are implemented to guide settlement in cases of environmental incidents or environmental pollution; the act of failing to remedy environmental pollution and compensate for damage as prescribed by law provisions; the act of trial operation of waste treatment facilities in excess of the prescribed time;

k) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed on the act of failing to build and 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;

l) A fine of between VND 140,000,000 and VND 160,000,000 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 against regulations on implementation of decisions on approval of environmental impact assessment reports for which the Ministry of Natural Resources and Environment have the competence to approve, the sanctions shall be carried out as follows:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the act of failing to cooperate with commune-level People's Committees where the opinions have been collected during the preparation of the environmental impact assessment reports in posting the decisions on approval of environmental impact assessment reports at the headquarters of the commune-level People's Committees, in cases where the consultation is required as prescribed;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the act of failing to notify any change of project owners to the agencies approving the environmental impact assessment reports or the specialized environmental protection agencies at the provincial level as prescribed by law provisions;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the act of failing to prepare and send plans for trial operation of the project's waste treatment facilities to the provincial specialized environmental protection agencies of localities where the projects are executed, and the agencies approving the environmental impact assessment reports as prescribed by law provisions;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the act of arbitrarily putting waste treatment facilities into trial operation without the approval of competent agencies; the act of failing to halt or reduce the capacity of the project to ensure that the existing waste treatment facilities can treat generated wastes to meet the environmental technical regulations during the trial operation of the project; the act of failing to renovate, upgrade or construct additional waste treatment facilities in conformity with technical requirements on environmental protection as prescribed in cases of detecting that wastes discharged into the environment do not meet technical regulations on environmental protection during the trial operation;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of improperly implementing any of contents in the decisions on approval of environmental impact assessment reports or decisions on environmental approval of the agencies approving the environmental impact assessment reports (if any); the act of failing to fully integrate the contents and requirements of the decisions on approval of environmental impact assessment reports into investment projects or construction investment projects, except for the cases where there is a change but it is not required to report to competent state agencies as prescribed, or the violations of regulations on environmental monitoring and supervision and the cases specified at Points at Points b, h and m of this Clause;

e) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on the act of failing to implement any of contents in the decisions on approval of the environmental impact assessment reports, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Points b, c and k of this Clause;

g) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on the act of failing to review, renovate or upgrade waste treatment facilities in cases of failure to comply with the technical regulations on wastes and as requested by competent state agencies as a basis for preparing dossiers of application for certification of completion of environmental protection facilities;

h) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of building and installing equipment, pipelines or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operate or improperly operating waste treatment facilities; the act of failing to conduct the trial operation of waste treatment facilities and projects at the same time; the act of improperly building and installing waste treatment facilities as committed in the decisions on approval of environmental impact assessment reports in the following cases: reduction of capacity leading to the insufficient capacity for waste treatment, changes in waste treatment technology or lack of waste treatment stages;

i) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on the act of failing to immediately stop the trial operation of waste treatment facilities and promptly report to specialized environmental protection agencies at the provincial level of localities where the projects are implemented to guide settlement in cases of environmental incidents or environmental pollution; the act of failing to remedy environmental pollution and compensate for damage as prescribed by law provisions; the act of trial operation of waste treatment facilities in excess of the prescribed time;

k) A fine of between VND 140,000,000 and VND 160,000,000 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;

l) 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.

3. Additional sanctions:

Suspensions of the establishment's operations for a period of between 03 months and 06 months to remedy violations, for the acts of violation specified at Points d, g, h, i, k and l Clause 1 and Points d, g, h, i, k and l, Clause 2 of this Article.

4. Remedial measures:

a) Forcible operation of environmental protection facilities in a proper manner; forcible demolition of facilities and equipment built in contravention of regulations on environmental protection with the aim of discharging untreated waste into the environment, for the acts of violation specified at Point h Clause 1, Point h Clause 2 of this Article;

b) Forcible building or installation and operation of environmental protection facilities, preparation of dossiers of reports on the performance of environmental protection facilities and submission of such dossiers to the agencies approving the environmental impact assessment reports for inspection and certification of completion of the environmental protection facilities as prescribed within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified at Points g, i, k and l Clause 1; Points g, i, k and l, Clause 2 of this Article;

c) Forcible preparation of dossiers of reports on completion of environmental protection facilities and submission of such dossiers to competent agencies for inspection and certification of completion of the environmental protection facilities, for the acts of violation specified at Point g, Clause 1 and Point g, Clause 2 of this Article;

d) Forcible surrendering of illegal benefits gained from committing the acts of violation specified at Points d, g, h and k, Clause 1; Points d, g, h and k, Clause 2 of this Article.”

9. To replace Article 10 as follows:

“Article 10. Violations of regulations on implementation of certification of completion of environmental protection facilities

1. With regard to acts of violation against regulations on implementation of certification of completion of environmental protection facilities for which provincial-level People's Committees, ministries or ministerial-level agencies have the competence to approve, except for the cases specified in Clause 2 of this Article, the sanctions shall be carried out as follows:

a) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the act of improperly implementing any of contents in the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions, except for the following cases: violations of regulations on environmental monitoring and supervision; installation of automatic and continuous waste monitoring equipment or system; renovation and upgrading of waste treatment facilities that have deteriorated or fail to satisfy the technical regulations on wastes; installation of one or more treatment stages for the waste treatment facilities and the cases specified at Points c, d and dd of this Clause;

b) A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the act of failing to implement any of contents in the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Points c and d of this Clause;

c) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on the act of operating in contravention of the processes or regulations, or failing to operate one of the parts of the waste treatment processes according to the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions;

d) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment;

dd) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on the act of failing to obtain a certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions;

2. With regard to acts of violation against regulations on implementation of certification of completion of environmental protection facilities 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 40,000,000 and VND 60,000,000 shall be imposed for improperly implementing any of contents in the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions, except for the following cases: violations of regulations on environmental monitoring and supervision; installation of automatic and continuous waste monitoring equipment or system; renovation and upgrading of waste treatment facilities that have deteriorated or fail to satisfy the technical regulations on wastes; installation of one or more treatment stages for the waste treatment facilities and the cases specified at Points c, d and dd of this Clause;

b) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on the act of failing to implement any of contents in the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions, except for the violations of regulations on environmental monitoring and supervision and the cases specified at Points c and d of this Clause;

c) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of operating in contravention of the processes or regulations, or failing to operate one of the parts of the waste treatment processes according to the certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions;

d) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on the act of building and installing equipment, pipes or other waste lines in order to discharge untreated wastes into the environment;

dd) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed on the act of failing to obtain a certification of completion of environmental protection facilities (each work item or each investment phase or the entire project) as prescribed by law provisions.

3. Additional sanctions:

a) Suspension of the establishment's operations for a period of between 03 months and 06 months to remedy violations, for the acts of violation specified at Points c and d, Clause 1, and Points c and d, Clause 2 of this Article;

b) Suspension of the establishment's operations for a period of between 06 months and 09 months to remedy violations, for the acts of violation specified at Point dd, Clause 1 and Point dd, Clause 2 of this Article.

4. Remedial measures:

a) Forcible operation of environmental protection facilities in a proper manner, for the acts of violation specified at Point c, Clause 1 and Point c, Clause 2 of this Article;

b) Forcible demolition of facilities and equipment built in contravention of regulations on environmental protection with the aim of discharging untreated waste into the environment, for the acts of violation specified at Point d, Clause 1 and Point d, Clause 2 of this Article;

c) Forcible preparation of dossiers of reports on completion of environmental protection facilities and submission of such dossiers to competent agencies for inspection and certification of completion of the environmental protection facilities as prescribed by law provisions, for the acts of violation specified at Point dd, Clause 1 and Point dd, Clause 2 of this Article;

d) Forcible surrendering of illegal benefits gained from committing the acts of violation specified at Points c, d and dd Clause 1 and Points c, d and dd Clause 2 of this Article.”

10. To amend and supplement Article 11 as follows:

a) To amend the title of Article 11 as follows:

 “Article 11. Violations of regulations on environmental protection in production, business and service activities or construction of production, business and service projects or plans, without any environmental protection plan or environmental impact assessment report”

b) To amend the title of Clause 1 as follows:

“1. With regard to production, business, service activities or construction of production, business and service projects or plans 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 2 of this Article, the sanctions shall be carried out as follows:”

c) To amend the title of Clause 2 as follows:

“2. With regard to production, business, service activities or construction of production, business and service projects or plans 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 provincial-level business registration agencies, the sanctions shall be carried out as follows:”

d) To amend the title of Clause 3 as follows:

“3. With regard to production, business, service activities or construction of production, business and service projects or plans 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:”

dd) To amend the title of Clause 4 as follows:

“4. With regard to production, business and service activities or construction of production, business and service projects 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:”

e) To amend the title of Clause 5 as follows:

“5. With regard to production, business and service activities or construction of production, business and service projects 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 Natural Resources and Environment for approval, the sanctions shall be carried out as follows:”

g) To add Clause 6a before Clause 6 as follows:

“6a. A fine of between VND 1,500,000 and VND 2,000,000 shall be imposed on the act of failing to take measures or to have facilities for collecting, storing, treating and managing wastes generated as prescribed in cases where production, business and service projects or plans are eligible for exemption from registration of environmental protection plans as prescribed by law provisions.”

h) To amend and supplement Clauses 6 and 7 as follows:

“6. Additional sanctions:

a) Suspension of the establishment's operations for a period of between 03 months and 06 months, for the acts of violation specified at Point c Clause 1, Point c Clause 2, Point c Clause 3, Point c Clause 4, and Point c Clause 5, and Clause 6a of this Article;

b) Suspension of the establishment's operations for a period of between 06 months and 12 months, for the acts of violation specified at Point d Clause 1, 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 to manage solid waste, hazardous waste, reduce noise, vibration, heat and light radiation, and treat wastewater and emission in conformity with the technical regulations on wastes within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts violation specified at Points b and c, Clause 1, Points b and c Clause 2, Points b and c Clause 3, and Points b and c Clause 4, Points b and c Clause 5 and Clause 6a of this Article;

b) Forcible application of remedial measures for environmental pollution and submission of reports on results of completed remediation of consequences of violations within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts violation specified at Point a Clause 1, Point a Clause 2, Point a Clause 3, Point a Clause 4 and Point a Clause 5 of this Article;

c) Forcible relocation of projects or establishments to other locations consistent with the planning approved by a competent agency, for the acts of violation specified at Point d Clause 1, Point d Clause 2, Point d Clause 3, Point d Clause 4 and Point d Clause 5 of this Article that involve the locations of projects in progress or establishments that are not conformable to the approved planning as prescribed by law provisions;

d) Forcible formulation of environmental protection plans and submission of such plans to competent state agencies for certification, for the acts of violation specified at Point d Clause 1, Point d Clause 2 and Point d Clause 3 of this Article that involve the locations of projects in progress or establishments in accordance with the approved planning as prescribed by law provisions;

dd) Forcible formulation of environmental impact assessment reports for projects on renovation, upgrading and supplementation of environmental protection facilities and submission of such reports to competent agencies for approval, for the acts of violation specified at Point d Clause 4 and Point d Clause 5 of this Article that involve the locations of projects in progress or establishments in accordance with the approved planning as prescribed by law provisions;

e) Forcible surrendering of illegal benefits gained from committing any of the following acts: building or installation of equipment, pipelines or other waste lines in order to discharge untreated wastes into the environment; the act of failing to regularly operating or improperly operating the waste treatment facilities as prescribed by law provisions; the act of failing to have wastewater, emission and dust treatment system in conformity with the technical regulations specified at Points b and c, Clause 1; Points b and c, Clause 2; Points b and c, Clause 3; Points b and c, Clause 4; and Points b and c, Clause 5 of this Article.”

11. To amend and supplement Article 12 as follows:

a) To amend Point b, Clause 3 as follows:

“b) A fine of between VND 10,000,000 and VND 50,000,000 shall be imposed on the act of failing to have logbooks recording data on operation of centralized wastewater treatment system as prescribed by law provisions;”

b) To amend Points b and c, Clause 6 as follows:

“b) A fine equal to 50% of the fines specified in Articles 13 and 14 of this Decree, for the act of discharging wastewater into centralized collection and treatment systems of industrial parks, export processing zones, hi-tech zones, industrial clusters and craft villages with one of the environmental parameters (the highest parameter which is chosen) exceeding the wastewater reception standards of investors in the construction and business of infrastructure of industrial parks, export processing zones, hi-tech zones, industrial clusters and craft villages;

c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed on the act of illegally discharging wastewater into storm water drainage systems of industrial parks, export processing zones, hi-tech zones or industrial clusters.”

c) To amend Clause 7 as follows:

“7. With regard to acts of violation against regulations on automatic and continuous wastewater and emission monitoring and other acts of violation against regulations on environmental protection in production, business and service activities, the sanctions shall be carried out as follows:

a) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed on the act of failing to arrange a safe working platform at the locations or outlet holes of emission sampling as prescribed by law provisions; the act of failing to install flow meters and measurement devices for monitoring effluent inlet and outlet flow of wastewater treatment systems as prescribed by law provisions;

b) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed on the act of failing to operate or improperly operating automatic and continuous wastewater or emission monitoring equipment and systems; the act of failing to store wastewater or emission monitoring data or the act of failing to transmit monitoring data to competent agencies upon request as prescribed by law provisions;

c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed on the act of incompletely installing one of the automatic and continuous monitoring parameters of automatic and continuous wastewater or emission monitoring equipment and systems as prescribed or at the request of competent state agencies; the acts of failing to install CCTV cameras, periodically assess the quality of automatic and continuous wastewater or emission monitoring systems as prescribed by law provisions;

d) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed on the act of failing to have automatic and continuous wastewater monitoring equipment and systems (including automatic and continuous monitoring equipment and automatic sampling equipment) or automatic and continuous emission monitoring equipment and systems as prescribed or at the request of competent state agencies; or the act of failing to troubleshoot automatic and continuous monitoring systems at the request of competent state agencies;

dd) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed on the act of deliberately building and installing pipes or outlets used for discharging wastewater into the environment at locations at which the inspection and supervision cannot be carried out as prescribed; the act of diluting treated wastewater and emissions in order to meet the technical regulations on wastes;

e) With regard to the act of failing to inspect and calibrate wastewater or emission monitoring systems as prescribed, the sanctions shall comply with the laws on handling of administrative violations in the domain of measurement.”

d) To annul Clause 8 and amend and supplement Clause 9 as follows:

“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 set by the person competent to sanction in administrative sanctioning decisions, for the acts 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 monitoring equipment and systems as prescribed within the time limit set by the person competent to sanction in administrative sanctioning decisions, for the acts of violation specified at Points c and dd, 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 dd, Clause 7 of this Article.”

12. To add Article 13a before Article 13 as follows:

“Article 13a. Violations of regulations on implementing environmental monitoring and supervision

1. Acts of violation against regulations on implementing environmental monitoring and supervision during the construction process, process of developing projects, developing manufacturing, business and service-providing plans shall be sanctioned as follows:

a) Warnings shall be imposed on acts of failing to implement waste monitoring programs or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring), for cases in which the District-level People’s Committees have the competence to certify the environmental protection plan;

b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed on the act of failing to implement waste supervision or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the District-level People’s Committees have the competence to certify the environmental protection plan; failing to implement waste monitoring programs properly or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring), for cases in which the Departments of Natural Resources and Environment or the Management Boards of industrial parks, export processing zones and economic zones have the competence to certify the environmental protection plan;

c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the act of failing to perform waste supervision or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the Departments of Natural Resources and Environment or the Management Boards of industrial parks, export processing zones and economic zones have the competence to certify the environmental protection plan; failing to implement waste monitoring programs properly or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring), for cases in which the provincial-level People’s Committees or agencies authorized by the provincial-level People’s Committees have the competence to approve the environmental impact assessment report;

d) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the act of failing to implement waste monitoring or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the provincial-level People’s Committees or agencies authorized by the provincial-level People’s Committees have the competence to approve the environmental impact assessment report; failing to implement waste monitoring programs properly or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring), for cases in which the Ministry of Natural Resources and Environment, ministries and ministerial-level agencies have the competence to approve the environmental impact assessment report;

dd) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the act of failing to implement waste monitoring or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the Ministry of Natural Resources and Environment, ministries and ministerial-level agencies have the competence to approve the environmental impact assessment report;

2. Acts of violation against regulations on implementing environmental monitoring during the trail operation of a project shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the act of failing to implement waste monitoring programs properly or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring) to assess the treatment effectiveness of each phase and of a whole waste treatment facility in accordance with law provisions, for cases in which the provincial-level People’s Committees or agencies authorized by the provincial-level People’s Committees have the competence to approve the environmental impact assessment report;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the act of failing to implement waste monitoring programs to assess the treatment effectiveness of each phase and of a whole waste treatment facility in accordance with law provisions or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the provincial-level People’s Committees or agencies authorized by the provincial-level People’s Committees have the competence to approve the environmental impact assessment report; failing to implement waste monitoring programs properly, implementing in an insufficient manner (on the parameters, locations and frequency of monitoring) to assess the treatment effectiveness of each phase and of a whole waste treatment facility in accordance with law provisions, for cases in which the Ministry of Natural Resources and Environment, ministries and ministerial-level agencies have the competence to approve the environmental impact assessment report;

c) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the act of failing to implement waste monitoring programs to assess the treatment effectiveness of each phase and of a whole waste treatment facility in accordance with law provisions or failing to make annual reports on environmental protection activities in accordance with law provisions, for cases in which the Ministry of Natural Resources and Environment, ministries and ministerial-level agencies have the competence to approve the environmental impact assessment report.

3. Acts of violation against regulations on implementing environmental monitoring when a project is put into operation shall be sanctioned as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the act of failing to implement waste monitoring programs properly or implementing in an insufficient manner (on the parameters, locations and frequency of monitoring) for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to registration of environmental protection plans; failing to implement properly or properly or implementing in an insufficient manner - the environment monitoring program for the surrounding area or monitoring of other environmental issues, for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to elaboration of environmental impact assessment reports;

b) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the act of failing implement waste monitoring or failing to make annual reports on environmental protection activities or failing to develop plans for implementing periodical environmental monitoring and send to competent state agencies in accordance with law provisions, for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to registration of environmental protection plans; failing to implement the environment monitoring program for the surrounding area or monitoring of other environmental issues, for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to elaboration of environmental impact assessment reports;

c) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed on the act of failing to implement properly or implementing in an insufficient manner waste monitoring programs (on the parameters, locations and frequency of monitoring) for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to elaboration of environmental impact assessment reports;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the act of failing to implement waste monitoring or failing to make annual reports on environmental protection activities or failing to develop plans for implementing periodical environmental monitoring and send to competent state agencies in accordance with law provisions, for mandatory cases and for cases in which the scale and the capacity is equivalent to those subject to elaboration of environmental impact assessment reports.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of working with an entity that does not have a Certificate of eligibility to provide environmental monitoring services (in accordance with the field and scope provided in the Certificate) to conduct environmental monitoring and supervision, except for the cases of public non-business units established by the provincial-level People's Committees or by the Ministry of National Defense or the Ministry of Public Security and assigned to perform environmental monitoring and supervision tasks in such provinces or in the field of national defense and security.”

13. To amend and supplement Article 13 as follows:

a) To amend Clause 7 as follows:

“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 03 times; an additional fine equal to 30% shall be imposed for each environmental parameter exceeding the technical regulation from 03 to less than 05 times; 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.”

b) To amend Clause 8 as follows:

“a) Suspension of the facility’sactivities 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 facility’soperation for a definite time of between 06 months and 12 months for violations specified at Points uu, v, x and y, Clause 4, and Points u, uu, v, x and y, Clause 5 and Points t, u, uu, v, x and y, Clause 6 of this Article.”

c) To replace Point b and to add Point d, Clause 9 as follows:

“b) Forcible reviewing and renovating of wastewater treatment facilities to meet technical requirements on environmental protection as prescribed by the law, for acts of violations specified in this Article;

d) Forcible installation of automatic and continuous wastewater monitoring equipment and systems in accordance with law provisions within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations, for acts of violation specified in this Article which are relapsed or repeated several times.”

14. To amend and supplement Article 14 as follows:

a) To amend the title of Article 14 as follows:

“Article 14. Violations of regulations on discharge of wastewater which contains hazardous environmental parameters into the environment or discharge of wastewater which contains microbial parameters (Salmonella, Shigella, Vibrio cholerae) in accordance with the national technical regulations on healthcare wastewater or discharge of wastewater with a pH outside the technical regulation threshold shall be sanctioned as follows:”

b) To amend Point k and annul Points l, m, n, o, p, q, r, s, t, u, uu, v, x, y, Clause 6 as follows:

“k) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed in cases where the amount of wastewater discharged ranges from 400 m3/day (24 hours) or more, except for cases of committing environmental crimes.”

c) To amend Point a, Point b, Clause 12 as follows:

“a) Suspension of the facility’sactivities causing environmental pollution for a definite time of between 03 months and 06 months for 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 and k Clause 6, Points h, i, and k Clause 7, Points g, h, i and k, Clause 8 and Points e, g, h, i and k, Clause 9 of this Article;

b) Suspension of the facility’s operation for a definite time of between 06 months and 12 months for violations specified at Points u, uu, v, x and y, Clause 4, Points t, u, uu, v, x and y, Clause 5, and Clause 10 of this Article.”

d) To replace Point b and add Point d, Clause 13 as follows:

“b) Forcible reviewing and renovating of wastewater treatment facilities to meet technical requirements on environmental protection as prescribed by the law, for acts of violations specified in this Article;

d) Forcible installation of automatic and continuous wastewater monitoring equipment and systems in accordance with law provisions within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations, for acts of violation specified in this Article which are relapsed or repeated several times.”

15. To replace Point b and add Point d, Clause 8, Article 15 as follows:

a) To replace Point b, Clause 8 as follows:

“b) Forcible reviewing and renovating of emission treatment facilities to meet technical requirements on environmental protection as prescribed by the law, for acts of violations specified in this Article;”

b) To add Point d, Clause 8 as follows:

“d) Forcible installation of automatic and continuous emission monitoring equipment and systems in accordance with law provisions within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations, for acts of violation specified in this Article which are relapsed or repeated several times.”

16. To replace Point b and to add Point d, Clause 9, Article 16 as follows:

a) To replace Point b, Clause 9 as follows:

“b) Forcible reviewing and renovating of emission treatment facilities to meet technical requirements on environmental protection as prescribed by the law, for acts of violations specified in this Article;”

b) To add Point d, Clause 9 as follows:

“d) Forcible installation of automatic and continuous emission monitoring equipment and systems in accordance with law provisions within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations, for acts of violation specified in this Article which are relapsed or repeated several times.”

17. To amend Point dd Clause 8, Article19 as follows:

“dd) Confiscation of means of administrative violations for acts of violation specified in Clause 1 of this Article.”

18. To amend and supplement Article 20 as follows:

a) To amend Clause 1 and Clause 2 as follows:

“ 1. The act of collecting, discharging domestic wastes not in accordance with law provisions on environmental protection shall be sanctioned as follows:

a) A fine of between VND 100,000 and VND 150,000 shall be imposed on 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 150,000 and VND 250,000 shall be imposed on 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 500,000 and VND 1,000,000 shall be imposed on the act of failing to discard, dispose domestic wastes, dump wastewater 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 1,000,000 and VND 2,000,000 shall be imposed on the act of throwing, discharging domestic wastes into sidewalks, roadways or into urban sewage or surface water drainage systems; failing to dump wastewater into sidewalk, roadways properly.

2. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on the act of transporting raw materials, materials and goods without proper coverage or letting them leak into the environment while on road.”

b) To add Point a1 before Point a, Clause 6 as follows:

“a1) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on the act of failing to make records on the handover of domestic wastes, normal industrial solid wastes in accordance with law provisions;”

c) To amend Points c, d and dd Clause 7 as follows:

“c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on the act of failing to implement properly one of the contents specified in the plan on treatment of domestic solid wastes which has been approved by the competent agency, except for cases of violations of regulations on conducting environmental monitoring and supervision of the surrounding area;

d) A fine of between VND 70,000,000 and VND 100,000,000 shall be imposed on the act of failing to implement one of the contents specified in the plan on treatment of domestic solid wastes which has been approved by the competent agency, except for cases of violations of regulations on conducting environmental monitoring and supervision of the surrounding area;

dd) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed on the act of failing to have a plan on treatment of domestic wastes which is approved by the competent agency in accordance with law provisions.”

d) To amend Points c, d and g Clause 8 as follows:

“c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on the act of failing to implement one of the contents specified in the plan on treatment of normal industrial solid wastes which has been approved by the competent agency, except for cases of: violations of regulations on conducting environmental monitoring and supervision of the surrounding area and 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 on the act of failing to implement one of the contents specified in the plan on treatment of normal industrial solid wastes which has been approved by the competent agency, except for cases of violations of regulations on conducting environmental monitoring and supervision of the surrounding area and cases specified at Point e of this Clause;

g) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed on the act of failing to have a plan on treatment of normal industrial solid wastes which is approved by the competent agency in accordance with law provisions.”

dd) To add Clause 9a before Clause 9 as follows:

 “9a. For the acts of collecting, transporting and treating sewage sludge from septic tanks, sludge from urban drainage systems that fail to comply with the law provisions on environmental protection, the form of handling in accordance with law provisions on sanctioning of administrative violations in construction investment activities shall be applied.”

e) To amend Clause 9 as follows:

“9. The acts of transferring, giving, domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products for units without the function, capability of treating such wastes in accordance with law provisions; burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products not in accordance with law provisions on environmental protection, except for cases of committing environmental crimes; receiving domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products but having no treatment solution or failing to transfer to a functional unit in accordance with law provisions shall be sanctioned as follows:

a) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing under 1,000 kg;

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 1,000 kg to under 2,000 kg;

c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 2,000 kg to under 3,000 kg;

d) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 3,000 kg to under 4,000 kg;

dd) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 4,000 kg to under 5,000 kg;

e) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 5,000 kg to under 10,000 kg;

g) A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 10,000 kg to under 20,000 kg;

h) A fine of between VND 35,000,000 and VND 40,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 20,000 kg đến dưới 30,000 kg;

i) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 30,000 kg to under 40,000 kg;

k) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 40,000 kg to under 60,000 kg;

l) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 60,000 kg to under 80,000 kg;

m) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing from 80,000 kg to under 100,000 kg;

n) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed on the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, discharging, burning domestic solid wastes, normal industrial solid wastes, typical normal solid wastes, non-hazardous liquid waste products weighing more than 100,000 kg, except for cases of committing environmental crimes.”

g) To amend Point b, Clause 12 as follows:

“b) Confiscation of means of administrative violations for acts of violation specified in Clause 9a, 9, 10 and 11 of this Article.”

h) To amend Point a and Point b, Clause 13 as follows:

“a) Forcible restoration of the original environmental condition, transferring of the waste to a treatment unit due to acts of violation specified in Clauses 2, 9a, 9, 10 and 11 of this Article

b) Forcible payment of the cost of soliciting assessment, inspection, measurement and analysis of environmental samples, for acts of violations on waste discharge exceeding the environmental technical regulations or causing environmental pollution in accordance with the norms and unit prices applicable to violations specified in Clause 10 of this Article;”

19. To amend and supplement Article 21 as follows:

a) To amend Point a, Clause 1 as follows:

“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; failing to send periodical reports on hazardous waste management or extraordinary reports to the competent state agency in accordance with law provisions or sending periodical reports on hazardous waste management improperly.”

b) To amend Point b, Clause 2 as follows:

“b) Failing to collect, store hazardous wastes in accordance with law provisions.”

c) To amend Point b, Clause 5 as follows:

“b) Failing to transfer hazardous wastes to units having the proper license for hazardous waste treatment for collection and treatment in accordance with law provisions in cases where it is not allowed to continue storing such wastes in accordance with law provisions or at the request of the competent state agency;”

d) To amend the title of Clause 7 as follows:

“7. The acts of transferring, giving or selling hazardous wastes for organizations, individuals without any licenses for hazardous waste treatment, except for some specific cases in accordance with law provisions on management of hazardous wastes and cases of environmental crimes, shall be sanctioned as follows:”

dd) To annul Point a and to add Point dd, Clause 12 as follows:

“dd) Forcible transfer of wastes for units in charge of providing treatment due to acts of violation specified in Clause 7 of this Article.”

20. To amend and supplement Article 22 as follows:

a) To annul Clause 1.

b) To annul Points a, dd, e, g and to amend Point c, Clause 2 as follows:

“c) Failing to set up GPS online record of vehicle tracking and provide access to competent agencies in accordance with law provisions;”

c) To annul Point c, Clause 3.

d) To amend Point d, Clause 3 as follows:

“d) Failing to have a written approval from the competent state agency before transferring hazardous wastes to other waste treaters.”

dd) To annul Point c and Point dd Clause 4.

e) To amend Points b, c Clause 5 as follows:

“b) Collecting and transporting hazardous wastes exceeding the volume of one of the hazardous wastes groups specified in the licenses for hazardous waste treatment or in the written approval of trial operation issued by the competent state agency.;

c) Using vehicles to transport hazardous wastes that are not registered in the licenses for hazardous waste treatment or not in the written approval of trial operation issued by the competent state agency.”

g) To amend the title of Clause 6 as follows:

“6. The acts of transferring, giving or selling hazardous wastes to organizations or individuals that do not have appropriate licenses for hazardous waste treatment, except for cases of committing environmental crimes shall be sanctioned as follows:”

h) To add Clause 10a before Clause 10 as follows:

“10a. For the acts of burning hazardous wastes, persistent organic matters in the list of elimination of Annex A of the Stockholm Convention on Persistent Organic Pollutants which is not in accordance with law provisions on environmental protection, except for cases of environmental crimes, shall be sanctioned like the acts of burying, dumping, hazardous wastes, persistent organic substances specified in Clause 8 and Clause 9 of this Article.”

i) To amend Points b and d Clause 10 as follows:

“b) Suspension of hazardous waste collection and transportation activities of hazardous waste treaters for a definite time of between 06 months and 12 months for acts of violation specified in Clauses 4, 5 and 6 of this Article.;

d) Confiscation of means of administrative violations for acts of violation specified in Clause 8 and Clause 9 of this Article.”

k) To add Point d, Clause 11 as follows:

“d) Forcible transfer of wastes for units in charge of providing treatment due to acts of violation specified in Clause 6 of this Article.”

21. To amend and supplement Article 23 as follows:

a) To amend the title Article 23 as follows:

“Article 23. Violations of regulations on environmental protection related to the treatment of hazardous wastes and the implementation of the license for hazardous waste treatment”

a) To annul Points g, h and to amend Points a, b, e Clause 1 as follows:

“a) Failing to properly implement one of the contents of the license for hazardous waste treatment: Procedures for safe operation of specialized vehicles and equipment; pollution control and environmental protection plan; plans on occupational safety and health protection; incident prevention and response plan; annual training plan;

b) Failing to implement the program to monitor the treatment operation and evaluate the effectiveness of hazardous wastes treatment in the license for hazardous waste treatment having been granted;

e) Failure to report to the licensing agency on changes in facilities, techniques, key personnel or programs and plans in the license for hazardous waste treatment compared to the contents having been licensed.”

c) To amend Point d, Clause 2 as follows:

“d) Using storage for hazardous wastes that are not prescribed in the license for hazardous waste treatment, except for cases specified in Point c, Clause 3 of this Article.”

d) To add Point e, Clause 3 as follows:

“e) Failing to comply with the content of the written approval for trial operation of the licensing agency .”

dd) To amend Point b, Clause 4 as follows:

“b) Failing to have a written approval from the competent agency before receiving hazardous wastes from other hazardous wastes treaters;”

e) To amend Point d Clause 5 as follows:

“d) Treating hazardous wastes exceeding the treatment capacity of one of the groups of hazardous wastes specified in the license for hazardous waste treatment or in the written approval of trial operation issued by the competent state agency;”

g) To amend the title of Clause 6 as follows:

“6. The acts of transferring, giving, selling hazardous wastes for organizations, individuals without any proper licenses for hazardous waste treatment, except for cases of committing environmental crimes shall be sanctioned as follows:”

h) To add Clause 9a before Clause 9 as follows:

“9a. For the acts of burning hazardous wastes, persistent organic matters in the list of elimination of Annex A of the Stockholm Convention on Persistent Organic Pollutants which is not in accordance with law provisions on environmental protection, except for cases of environmental crimes, shall be sanctioned like the acts of burying, dumping, hazardous wastes, persistent organic matters specified in Clause 8 and Clause 9 of this Article.”

i) To amend Point a, Point dd, Clause 9 as follows:

“a) Deprivation of the right to use the license for hazardous waste treatment, the written approval of trial operation for a definite time of between 01 month and 03 months for acts of violation specified in Clause 3 and Clause 4 of this Article;

dd) Confiscation of means of administrative violations for acts of violation specified in Clause 7 and Clause 8 of this Article.”

k) To add Point a1 before Point a, Clause 10 as follows:

“a1) Forcible transfer of hazardous wastes for functional units in charge of treating wastes for acts of violation specified at Point dd, Clause 5 and Clause 6 of this Article;”

22. To amend and supplement Article 24 as follows:

a) To amend Point a, Point b and Point c Clause 4 as follows:

“a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed on the act of failing to make periodical reports to competent state agencies on environmental protection in used ship dismantling activities in accordance with law provisions;

b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed on the act of failing to apply environmental management system in accordance with the national standard TCVN ISO 14001 for ship dismantling facilities;

c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed on the act of failing to have environmental protection plans approved by the competent agency before dismantling each ship;”

b) To replace Point a, Clause 5 as follows:

“a) Confiscation of valuable products after destruction for acts of violation specified in Clauses 1, 2 and 3 of this Article when applying remedial measures of forcible destruction of machinery, equipment, vehicles transport, used ships, raw materials, fuel, materials;”

c) To amend Point a, Clause 6 as follows:

“a) Forcible re-export or destruction in cases where it is impossible to re-export used machinery, equipment, means of transport, ships, raw materials, fuel and materials for acts of violation specified in Clause 1, 2, 3, Points b, c, d, dd, e and g, Clause 4 of this Article;”

d) To amend Point c, Clause 6 as follows:

“c) Forcible application of remedial measures to alleviate environmental pollution and report on the remedy results within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations, for acts of violations specified in Clause 4 of this Article.”

23. To amend and supplement Article 25 as follows:

a) To amend and supplement Points b, c and e Clause 2 as follows:

“b) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed on the act of failing to have warehouses or storage for imported scrap that meet the conditions on environmental protection for importing scrap for use as raw production materials or for testing as production materials in accordance with law provisions; storing imported scrap in an area that does not meet the conditions for environmental protection in importing scrap for use as raw production materials or for testing as production materials in accordance with law provisions;

c) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed on the act of failing to have technology and equipment for recycling and reuse of scrap in accordance with law provision; failing to treat impurities accompanying the scraps or failing transfer the impurities to the functional facilities in accordance with law provisions;

e) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed on the act of failing to import scraps in accordance with the type of scraps specified in the certificate of satisfaction of environmental protection conditions in the import of scraps for use as production materials as prescribed by the technical regulations on environment, except for cases specified in Clause 7 of this Article.”

b) To annul Clause 3.

c) To amend Clause 7 as follows:

“7. A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed on the act of importing or transiting scraps containing radioactive substances; importing scraps that are not on the list of scraps allowed to be imported, except for cases approved by the Prime Minister to allow the import of scraps for testing as production materials and cases of environmental crimes.”

d) To amend Point a and to add Point d Clause 8 as follows:

“a) Deprivation of the right to use the certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials for a definite time of between 03 months and 06 months for acts of violations specified in Clause 2 of this Article;

d) Confiscation of valuable products after destruction for acts of violation specified in Points d, dd and e Clause 2, Clauses 4, 5, 6 and Clause 7 of this Article when the remedial measure of forcible destruction of imported scraps is applied.”

dd) To amend Point a, Clause 9 as follows:

“a) Forcible re-export or destruction in cases where it is impossible to be re-exported for acts of violations specified in Points d, dd and e, Clause 2, Clauses 4, 5, 6 and Clause 7 of this Article;”

e) To amend Point c, Clause 9 as follows:

“c) Forcible application of remedial measures to alleviate environmental pollution and report on the remedy results within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations for acts of violation specified in Clause 2 of this Article.”

24. To annul Point c, Clause 4 of Article 27.

25. To amend and supplement Article 29 as follows:

“1. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on the act of failing to carry out detailed investigation and assessment of the contaminated land area in accordance with law provisions in case of causing environmental pollution.

2. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on the act of failing to establish plans on remediation, improvement and rehabilitation of contaminated land areas and submit to the Ministry of Natural Resources and Environment or the provincial People's Committees for consideration, monitoring and supervision in accordance with law provisions in case of causing environmental pollution.

3. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on the act of failing to carry out the environmental remediation, improvement and rehabilitation of the contaminated land areas in accordance with law provisions in case of causing environmental pollution.

4. Remedial measures:

Forcible application of remedial measures to alleviate environmental pollution and report on the remedy results within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations for acts of violation specified in this Article.”

26. To amend and supplement Article 32 as follows:

a) To amend Clause 1 and to add Clause 1a before Clause 1 as follows:

“1a. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed on the act of failing to report the implementation of environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation to the plan-approving agency and the local environmental protection management agency in accordance with law provisions; failing to report to the plan-approving agency in cases where there is any adjustment to the plan for environmental environmental improvement and rehabilitation as prescribed by the law.

1. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on the act of failing to implement properly or implementing in an insufficient manner one of the work items to be performed in the environmental improvement and rehabilitation plan in accordance with law provisions.”

b) To amend Clause 3 as follows:

“3. A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed on the act of failing to have an environmental improvement and rehabilitation plan approved by the competent agency; failing to repeat the environmental improvement and rehabilitation plan as prescribed by the law, except for cases having to re-establish the environmental impact assessment report.”

c) To annul Point c and d Clause 6.

27. To amend and supplement Article 33 as follows:

a) To add Clause 8a before Clause 8 as follows:

“8a. A fine of between VND 70,000,000 and VND 80,000,000 shall be imposed on the act of improperly using of oil spill dispersants and biological products in response to oil spill.”

b) To amend Point b, Clause 10 as follows:

“b) Forcible application of remedial measures to alleviate environmental pollution and report on the remedy results, forcible compensation for damage caused by oil pollution in accordance with law provisions within the time limit set by the person competent to sanction in the decision on sanctioning of administrative violations for acts of violation specified in Clauses 8a, 8 and 9 of this Article.”

28. To amend and supplement Article 34 as follows:

a) To amend the title of Article 34 as follows:

“Article 34. Violations of regulations on prevention, response and remedy of environmental incidents and environmental protection for chemicals, pesticides and veterinary drugs”

b) To annul Clause 1, Point a and Point b, Clause 4.

29. To amend and supplement Article 39 as follows:

a) To annul Clause 2.

b) To amend and supplement Point g, Clause 3 as follows:

“g) A fine of between VND 250,000,000 and VND 400,000,000 shall be imposed on the act of causing damage from 2,000 m2 or more of land, wetland, or water surface in areas not under strictly protected subdivision of a reserve or causing damage of 200 m2 or more of land, wetlands, surface water in the strictly protected subdivision of a reserve; except for cases of committing environmental crimes.”

c) To annul Point b, Clause 5.

30. To amend and supplement Article 40 as follows:

a) To amend Clause 3 as follows:

“3. The acts of illegal exploitation of timber and non-timber forest plants on the list of endangered precious and rare species prioritized for protection shall be handled in accordance with the provisions of the Government's Decree No. 35/2019/ND-CP dated April 25, 2019 prescribing sanctions for administrative violations in the forestry sector. The acts of illegally exploitation of wild plant species on the list of endangered precious and rare species prioritized for protection, except timber and non-timber forest plants shall be sanctioned as follows:

a) A fine of between VND 1,000,000 and VND 2,000,000 shall be impossed for exhibits of violation valued at less than VND 1,000,000;

b) A fine of between VND 2,000,000 and VND 5,000,000 shall be impossed for exhibits of violation valued from VND 1,000,000 to under VND 2,000,000;

c) A fine of between VND 5,000,000 and VND 10,000,000 shall be impossed for exhibits of violation valued from VND 2,000,000 to under VND 5,000,000;

d) A fine of between VND 10,000,000 and VND 25,000,000 shall be impossed for exhibits of violation valued from VND 5,000,000 to under VND 10,000,000;

dd) A fine of between VND 25,000,000 and VND 50,000,000 shall be impossed for exhibits of violation valued from VND 10,000,000 to under VND 15,000,000;

e) A fine of between VND 50,000,000 and VND 70,000,000 shall be impossed for exhibits of violation valued from VND 15,000,000 to under VND 20,000,000;

g) A fine of between VND 70,000,000 and VND 100,000,000 shall be impossed for exhibits of violation valued from VND 20,000,000 to under VND 30,000,000.”

b) To amend Clause 4 as follows:

“4. The acts of illegally storing, transporting, processing, trading in timber and non-timber forest plants on the list of endangered precious and rare species prioritized for protection shall be handled in accordance with the provisions of the Government's Decree No. 35/2019/ND-CP dated April 25, 2019 prescribing sanctions for administrative violations in the forestry sector. The acts of illegally storing, transporting, processing, trading in wild plant species on the list of endangered precious and rare species prioritized for protection, except timber and non-timber forest plants shall be sanctioned as follows :

a) A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed for wild plant species valued under VND 15,000,000;

b) A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for wild plant species valued from VND 15,000,000 to under VND 25,000,000;

c) A fine of between VND 25,000,000 and VND 50,000,000 shall be imposed for wild plant species valued from VND 25,000,000 to under VND 50,000,000;

d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for wild plant species valued from VND 50,000,000 to under VND 70,000,000;

dd) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for wild plant species valued from VND 70,000,000 to under VND 90,000,000;

e) A fine of between VND 90,000,000 and VND 120,000,000 shall be imposed for wild plant species valued from VND 90,000,000 to under VND 120,000,000;

g) A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for wild plant species valued from VND 120,000,000 to under VND 150,000,000;

h) A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed for wild plant species valued from VND 150,000,000 to under VND 180,000,000;

i) A fine of between VND 180,000,000 and VND 210,000,000 shall be imposed for wild plant species valued from VND 180,000,000 to under VND 210,000,000;

k) A fine of between VND 210,000,000 and VND 240,000,000 shall be imposed for wild plant species valued from VND 210,000,000 to under VND 240,000,000;

l) A fine of between VND 240,000,000 and VND 270,000,000 shall be imposed for wild plant species valued from VND 240,000,000 to under VND 270,000,000;

m) A fine of between VND 270,000,000 and VND 300,000,000 shall be imposed for wild plant species valued from VND 270,000,000 to under VND 300,000,000.”

31. To amend and supplement Article 44 as follows:

a) To amend Clause 1, Clause 2 and Clause 3 as follows:

“1. Warnings shall be imposed on one of the following acts of violation:

a) Failing to notify the competent state management agency of the transfer of genetic resources or their derivatives to a third party with the same purpose for non-commercial research;

b) Failing to make periodical reports or reports on activities as prescribed by the law during the time of accessing genetic resources for non-commercial research as stated in the license to access genetic resources.”

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on one of the following acts of violation:

a) Failing to comply with the contents of the plan on access to genetic resources approved by the competent state agency;

b) Failing to notify the competent state agency of the transfer of genetic resources or their derivatives to a third party with the same purpose of use for commercial research and development of commercial products;

c) Failing to share benefits obtained from the use of genetic resources with related parties in accordance with law provisions;

d) Failing to make periodical reports or report on activities in accordance with law provisions during the time of accessing genetic resources for commercial research or for development of commercial product as stated in the license to access genetic resources;

dd) Bringing genetic resources out of the Vietnamese territory but failing to comply with the contents specified in the license to access genetic resources or the Decision allowing to bring genetic resources abroad for study/research for non-commercial purposes;

e) Using the license to access genetic resources for improper content and purposes;

g) Failing to renew the license to access genetic resources when the license expires but still collect samples and access the licensed genetic resources.

3. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed on the act of exchanging, transferring and providing the assigned genetic resources to other organizations or individuals not in accordance with law provisions; transfering of genetic resources or derivatives of genetic resources and changing the purpose of use stated in the license to access genetic resources.”

b) To amend Point a Clause 5 as follows:

“a) Deprivation of the right to use the license to access genetic resources for a definite time of between 06 months and 12 months for acts of violation specified at Points a, b, c, d, dd, e and g, Clause 2 of this Article;”

32. To amend and supplement Article 46 as follows:

a) To amend Clause 1 as follows:

“1. A fine of between VND 100,000 and VND 500,000 shall be imposed on the act of failing to disclose information about the level of risk and risk management measures for the environment and biodiversity when importing, buying, selling, releasing genetically modified organisms, genetic specimens of genetically modified organisms.”

b) To add Clauses 2a and 2b before Clause 2 as follows:

“2a. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on the act of failing to comply with the contents of the biosafety certificate.

2b. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the act of concealing information about the risk of causing negative impacts on the environment, biodiversity of genetically modified organisms, genetic specimens and products of genetically modified organisms.”

33. To amend and supplement Point dd, Clause 2, Article 48 as follows:

“dd) Applying remedial measures for acts of violation specified at Points a, b, c, dd, e, g, h, i, k, l, m, o, p, q, r, s and t, Clause 3, Article 4 of this Decree.”

34. To amend and supplement Article 49 as follows:

“1. Officers of the People’s Public Security forces while on duty shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 500,000.

2. Heads of stations or team leaders of the persons defined in Clause 1 of this Article shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 1,500,000.

3. Heads of Communal Police Stations, Heads of Police Stations, Heads of Police stations at border gates and export processing zones shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 2,500,000;

c) Confiscation of material evidences and means used to commit administrative violations whose value does not exceed VND 2,500,000;

d) Applying remedial measures prescribed at Points a, c and dd, Clause 3, Article 4 of this Decree.

4. Heads of District Police, Heads of Divisions under Provincial Police Departments including Heads of the Police Divisions of Environmental Crimes, Head of Immigration Divisions shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 25,000,000;

c) Deprivation of the right to use the environmental license for a definite time or suspension of operation for a definite time within their competence;

d) Confiscation of material evidences and means used to commit administrative violations whose value does not exceed VND 25,000,000;

dd) Applying remedial measures prescribed at Points a, c, dd, i, k, l, m, o, p, q, r, s and t, Clause 3, Article 4 of this Decree.

5. Directors of Provincial Police Departments shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 50,000,000;

c) Deprivation of the right to use the environmental license for a definite time or suspension of operation for a definite time;

d) Confiscation of material evidences and means used to commit administrative violations whose value does not exceed VND 50,000,000;

dd) Applying remedial measures prescribed at Points a, c, dd, h, i, k, l, m, o, p, q, r, s and t, Clause 3, Article 4  of this Decree.

6. The General Director of the Police Department of Environmental Crimes, the General Director of the Department of Immigration shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 1,000,000,000;

c) Deprivation of the right to use the environmental license for a definite time or suspension of operation for a definite time;

d) Confiscation of material evidences and means used to commit administrative violations;

dd) Applying remedial measures prescribed at Points a, c, dd, h, i, k, l, m, o, p, q, r, s and t, Clause 3, Article 4 of this Decree.”

35. To amend and supplement Article 52 as follows:

a) To amend Point a Clause 1 as follows:

“a) The Forest ranger force shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection related to forest ranger activities which are prescribed in Article 39, Article 40, Article 41, Article 42, Clauses 1, 2 3, 4 and 5 of Article 43, Article 44, Article 45, Clauses 1, Clause 2a, Clause 2b, Clause 2, Point a, Clause 3, Point a, Clause 4 of Article 46 and Article 47 of this Decree. Inspectorate of Agriculture and Rural development shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection related to agriculture and rural development activities which are prescribed in Clause 5, Article 12, Clause 3, Article 27, Clause 3, Article 34, Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree. Fishery Inspectorate shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection related to fishery activities which are prescribed in Clause 5, Article 12, Clause 3, Article 27, Articles 39, 41, 42, 43, 44, 45, 46 and 47 of this Decree;”

b) To amend Point d, Point dd, Clause 1 as follows:

“d) the Border Guard force shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection which are prescribed in Articles 20, 21, 22, 23, 27, 33, 34, 39, 40, 41, 42; Clauses 1, 2 3, 4 and 5 of Article 43; Clause 1, Clause 2a, Clause 2b, Clause 2, Point a, Clause 3, Point a, Clause 4 of Article 46 and Article 47 of this Decree;

dd) The Vietnam Coast Guard force shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection happening at sea areas, exclusive economic zones and areas of sovereign right of the Socialist Republic of Vietnam, which are prescribed in Articles 13, 14, 15, 16, 19, 20; Clauses 7, 8, 9 and 10, Article 21; Clauses 6, 7, 8 and 9, Article 22; Articles 27, 33, 34, 39, 40, 41, 42; Clauses 1, 2, 3, 4 and 5, Article 43; Article 44, Article 45; Clause 1, Clause 2a, Clause 2b, Clause 2, Point a, Clause 3, Point a, Clause 4 of Article 46 and Article 47 of this Decree;”

c) To amend Point e, Clause 1 as follows:

“e) The Customs agencies shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation in the field of environmental protection related to the customs activities, which are prescribed in Clauses 1, 2, 3, Article 24; Clauses 4, 5, 6, 7, Article 25; Articles 26, 40, 43, 46 and 47 of this Decree;”

d) To amend Point h Clause 1 as follows:

“h) The People’s Public Security shall be competent in imposing administrative sanctions within their competence, their field and scope of management, for acts of administrative violation prescribed at Points c, d, dd, e, g, i, k and l, Clause 1, Article 9; Clause 1, 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, Points a, b and c, Clause 5, Points b and c, Clause 6, Points a, b, c, d and dd, Clause 7, Article 12; Points d, dd, Clause 1, Points b, c, Clause 2, Clause 3, Clause 4 of Article 13a; Articles 13, 14, 15, 16, 17, 18 and 19; Clauses 1, 2, 3, 9a, 9, 10 and 11, Article 20; Point b, Clause 2, Clauses 7, 8, 9 and 10, Article 21; Clauses 5, 6, 7, 8 and 10a, Article 22; Clauses 5, 6, 7, 8 and 9a, Article 23; Clauses 2 and 3, Points 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 of Article 33; Points b and dd, Clause 1, Point d, Clause 3, Article 34; Clauses 2, 3 and 4, Article 40; Article 41; Clauses 1, 2, 3, 4 and 5, Article 43, Article 47 and the acts of constructing, installing equipment, pipes or other waste lines to discharge untreated waste into the environment which are prescribed at Point c, Clause 1, Point c, Clause 2, Point c, Clause 3, Point c, Clause 4 of Article 8, Point h, Clause 2 of Article 9, Point c, Clause 2 of Article 10, Point b, Clause 1, Point b Clause 2, Point b, Clause 3, Point b, Clause 5 of Article 11 of this Decree;”

dd) To amend Point i and Point k, Clause 1 as follows:

“i) Chairpersons of Commune-level People’s Committees shall be competent in imposing administrative sanctions within their competence, their scope of management, for acts of administrative violation in the field of environmental protection, which are prescribed at Point a, Clause 1, Point a, Clause 2 of Article 11; Clauses 1, 2, 6, 9, Article 20; Articles 39, 40, 41, 42; Clauses 1, 2, Article 43; Clauses 1, 2, Article 45 and Clause 1, Article 46 of this Decree;

k) Chairpersons of District-level People’s Committees shall be competent in imposing administrative sanctions within their competence, their scope of management, for acts of administrative violation in the field of environmental protection, which are prescribed in Articles 8, 11, 13, 14, 15, 16, 17, 18, 19, 20, 27, 28, 30, 36, 39, 40, 41, 42; Clauses 1, 2, 3, 4 and 5, Article 43, Article 44, Article 45, Clause 1, Clause 2a, Clause 2b, Clause 2, Point a, Clause 3 of Article 46 and Article 47 of this Decree;”

36. To add Clause 4, Article 55 as follows:

“4. For acts of administrative violations subject to the remedial measure of forcible establishment, re-establishment of environmental impact assessment reports, registering of environmental protection plans, establishment of the dossier applying for certification of completion of environmental protection facilities, establishment of the dossier applying for the issuance of licenses for hazardous waste treatment, establishment of the dossier applying for the certificate of satisfaction of environmental protection conditions in the import of scraps for use as production materials or forcible restoration and upgrade of environmental protection facilities to meet the technical requirements and to be re-issued the certificate of completion of environmental protection facilities, procedures for examination, inspection and confirmation that the consequences of administrative violations have been remedied for individuals and organizations being integrated with the process of appraising and approving the environmental impact assessment report to confirm the environmental protection plan, grant the licenses for hazardous waste treatment, grant the certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials, grant and re-grant the certificates of completion of environmental protection facilities of competent state agencies. The results of these administrative procedures shall replace the conclusion of inspection and examination that the consequences of violations on environmental protection have been remedied for individuals and organizations as prescribed in this Article.”

37. To amend Clause 1 and to supplement Clause 4 Article 56 as follows:

a) To amend Clause 1, Article 56 as follows:

“1. Written records of administrative violations in the field of environmental protection shall be set up in accordance with regulations of the Law on Handling of Administrative Violations.”

b) To add Clause 4, Article 56 as follows:

“4. Persons competent to sanction administrative violations shall be eligible for applying procedures for sanctioning administrative violations without making a record, in cases of imposing warnings for acts of violation specified in Articles 8, 13a, 13, 14, 15, 16, 17, 18, 28, 30, 31, 39, 40, 42, 43, 44 and 45 or imposing fines of up to VND 250,000 for individuals and VND 500,000 for organizations violating regulations specified at Point a, Point b, Clause 1, Article 20 of this Decree; except for cases where administrative violations are detected by using technical and professional means and equipment.”

Article 2. Effect

This Decree shall take effect from July 10, 2021.

Article 3. Transitional provisions

1. For acts of administrative violations in the field of environmental protection which are committed before the effective date of this Decree, but are uncovered or considered for handling after the effective date of this Decree, provisions of this Decree shall prevail, provided that this Decree does not prescribe the legal liability or prescribe lighter legal liability.

2. For the decisions on sanctioning of administrative violations having been issued before the effective date of this Decree, if sanctioned organizations and individuals still have petitions and complaint, provisions of the Law on Handling of Administrative Violations shall prevail.

Article 4. Implementation responsibilities

Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees at all levels, relevant organizations and individuals shall be responsible for implementing this Decree./.

P.P the Government

For the Prime Minister

The Deputy Minister

Le Van Thanh

Appendix I

LIST OF HAZARDOUS ENVIRONMENTAL PARAMETERS IN WASTES

(Issued together with this Government’s Decree No. 55/2021/ND-CP      dated May 24, 2021

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I. HAZARDOUS ENVIRONMENTAL PARAMETERS IN WATER, WASTE WATER

II. HAZARDOUS ENVIRONMENTAL PARAMETERS IN AIR, EMISSION