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Decree No. 45/2022/ND-CP on sanctioning of administrative violations in the domain of environmental protection

  • Perform: Ths.LS. Le Hai Yen (Translator: Linh Chi)
  • 20/07/2022

The Government issues the Decree on July 07, 2022, with the following notable scopes:

i) Violations against regulations on environmental protection in public hygiene, urban areas, and residential areas; transport of raw materials, materials or goods causing environmental pollution:

- A fine from VND 100,000 to VND 150,000 shall be imposed for throwing or discarding cigarette butts and ashes not at prescribed places in residential areas, commercial areas, service providing areas or public places;

- A fine ranging from VND 150,000 to VND 250,000 shall be imposed for solving personal hygiene demands (urination, defecation) not at prescribed places in residential areas, commercial areas, service providing areas or public places;

- A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for throwing, disposing of garbage on sidewalks, roadways or into urban sewage systems; discharging plastic waste generated from living into ponds, canals, rivers, rivers, seas; etc.

- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for transporting raw materials and goods without covering or letting them fall into the environment while in traffic.

- A fine from VND 10,000,000 to VND15,000,000 for not using specialized equipment and vehicles during the transportation of materials and goods that leak and spread to the environment.

For investors who build urban and residential areas, if there are any of the following environmental protection violations, a fine of VND 200,000,000 to VND 250,000,000 may be imposed:

- No separate rainwater and sewage drainage network; no public sanitation works to meet environmental protection requirements;

- No equipment, means, and locations for sorting at the source, collecting and storing living solid waste in accordance with the amount and type of waste generated from households and individuals in the concentrated residential area; etc.

ii) For violations against regulations on sorting, collecting, transporting, burying, backfilling, dumping, burning, and disposal of conventional solid waste:

- A fine ranging from VND 500,000 to VND 1,000,000 for household and individual activities that do not categorize solid waste according to regulations; do not use packaging containing solid waste according to regulations (new regulations compared to Decree 155/2016/ND-CP).

- For violations committed by agencies, organizations or owners of manufacturing, business or service establishments that generate ordinary industrial solid wastes shall be punished as follows:

+ A fine from VND 20,000,000 to VND 25,000,000 for non-classification at normal industrial solid waste as prescribed; etc.

+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for self-recycling, treatment, co-processing and energy recovery from conventional industrial solid waste when the environmental protection requirements are not met according to regulations.

Specifically for agencies, organizations, manufacturing facilities, business and service establishments, investors in the construction and business of infrastructure in concentrated production, business and service zones and industrial clusters that generate waste Daily-life solids with a total volume of 300 kg/day or more: A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using a means of transporting domestic solid waste that does not meet technical requirements on waste management. environmental protection under the regulations; etc.

Penalties for violations in daily-life solid waste collection, transportation and treatment are as follows:

+ A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using means and equipment that do not meet technical requirements on environmental protection as prescribed; to spill domestic solid waste, cause dust, odour or leaks water to adversely affect the environment during collection and transportation; etc.

+ A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failing to arrange equipment and means to collect and transport daily-life solid waste as prescribed; failing to arrange means and equipment for collecting and storing leachate at transfer stations as prescribed;...

This Decree takes effect from August 25, 2022, replacing Decree No. 155/2016/ND-CP and Decree No. 55/2021/ND-CP.

For further information:
https://thuvienphapluat.vn/van-ban/Vi-pham-hanh-chinh/Nghi-dinh-45-2022-ND-CP-xu-phat-vi-pham-hanh-chinh-linh-vuc-bao-ve-moi-truong-484772.aspx?newsid=41456&ui=09RVMk1UUXpPQTTV&pi=09pBeU1pMHdOeTB4TVMwd09TMHhNQTTW&ci=255558909