Sanctions for sanctioning environmental protection violations in Vietnam
Protecting the environment is protecting the living environment of people and also protecting our right to live in a healthy environment. So, Sanctions for sanctioning environmental protection violations in Vietnam? Please refer to the article below of Lawyer X for more information!
Legal grounds
Law on Environmental Protection 2020;
Penal Code 2015 amended and supplemented in 2017;
Decree No. 45/2022/ND-CP.
Penalties for administrative violations
Decree No. 45/2022/ND-CP was issued on 7/7/2022. Accordingly, a number of fines for violations in the field of environmental protection are as follows:
A maximum fine of 1 billion VND for individuals and 02 billion VND for organizations committing administrative violations in the field of environmental protection
In addition, violating individuals and organizations are also subject to additional sanctions, including:
Deprivation of the right to use the environment license or certificate of eligibility for environmental monitoring services for a definite time;
Confiscate exhibits of administrative violations and means used to commit administrative violations; confiscate valuable products after destruction and handling in accordance with law;
Suspension of operations for a definite term or deprivation of the right to use environmental permits with a definite term for establishments providing public products and services that are assigned, ordered, or bid on by the State.
In addition to sanctions, individuals and organizations that commit administrative violations in the field of environmental protection may also be subject to one or more remedial measures such as: Forcible restoration of the original environmental condition start or restore the environment according to regulations; forcible demolition of works and equipment installed in contravention of regulations on environmental protection in order to discharge untreated waste into the environment…
A fine ranging from VND 40 to 50 million shall be imposed for leaking or discharging toxic chemicals into the soil and water environment, specifically:
A fine ranging from VND 40 to 50 million shall be imposed for leaking or discharging toxic chemicals into the land or water environment in contravention of regulations on environmental protection.
A fine ranging from VND 50 to 80 million shall be imposed if the pollutant content in soil, water or air exceeds the technical regulation by less than 03 times for hazardous environmental parameters or under 05 times for environmental parameters. regular school.
A fine ranging from VND 80 to 100 million shall be imposed if the pollutant content in soil, water or air exceeds the technical regulation by 03 – 5 times for hazardous environmental parameters or from 05 – under 10 times for normal environmental parameters.
A fine of from 500 to 01 million dong for the act of disposing of waste at the wrong place. In particular, the violations of environmental protection in public places, urban areas and residential areas shall be penalized as follows:
A fine ranging from VND 100 to VND 150,000 shall be imposed for throwing, disposing, discarding cigarette butts or heads at the wrong places in apartment, commercial, service or public places;
A fine ranging from 150 to 250,000 VND for acts of personal hygiene (urinating, defecating) at the wrong place in the apartment, commercial, service or public places;
A fine ranging from VND 500,000 to VND 1 million shall be imposed for throwing, disposing, disposing of garbage, or dumping wastewater at the wrong place in apartment, commercial, service or public places…
Criminal prosecution
Specifically, the Penal Code 2015 amended and supplemented in 2017 has dedicated Chapter 19 to regulate environmental crimes, including:
Crime of “causing environmental pollution” (Article 235);
Crime of “Violating regulations on hazardous waste management” (Article 236);
Crime of “Violating regulations on prevention, response and remedy of environmental incidents” (Article 237);
Crime of “Violating regulations on safety protection of irrigation works, dikes and natural disaster prevention and control; violating regulations on protection of riverbanks and banks” (Article 238);
Crime of “Bringing waste into Vietnamese territory” (Article 239);
Crime of “Destroying aquatic resources” (Article 242);
Crime of “Destroying forests” (Article 243);…
State policy on environmental protection
Article 5 of the Law on Environmental Protection 2020 specifically stipulates the State’s policies in environmental protection as follows:
Create favorable conditions for agencies, organizations, residential communities, households and individuals to participate in the implementation, inspection and supervision of environmental protection activities.
Propaganda and education in combination with administrative, economic and other measures to strengthen the observance of the law on environmental protection, building a culture of environmental protection.
Pay attention to biodiversity conservation, environmental protection of natural heritage; exploit, rationally and economically use natural resources; develop clean energy and renewable energy; develop technical infrastructure for environmental protection.
Prioritize treatment of environmental pollution, restore degraded natural ecosystems, and focus on environmental protection of residential areas.
Diversify investment capital sources for environmental protection; arrange separate expenditures for environmental protection in the state budget with an increasing rate according to the state budget’s ability and requirements and tasks of environmental protection; prioritizing funding sources for key environmental protection tasks.
Ensure the interests of organizations, residential communities, households and individuals that contribute to environmental protection activities; incentives and support for environmental protection activities; promote environmentally friendly products and services.
Strengthen scientific research, develop technology for pollution treatment, recycling and waste treatment; to prioritize the transfer and application of advanced, high-tech, environmentally-friendly technologies and best existing techniques; strengthen training of human resources on environmental protection.
Honor and commend agencies, organizations, residential communities, households and individuals that have made positive contributions to environmental protection activities in accordance with law.
Expand and strengthen international integration and cooperation and fulfill international commitments on environmental protection.
Screening investment projects according to environmental criteria; apply appropriate environmental management tools for each stage of investment strategies, planning, programs and projects.
Integrating and promoting the circular economy and green economic models in the formulation and implementation of socio-economic development strategies, master plans, plans, programs, schemes and projects.
As can be seen, policies on environmental protection include policies on:
Implement, inspect and supervise environmental protection activities of organizations, residential communities, households and individuals;
Building a culture of environmental protection, focusing on propaganda and education on environmental protection and forms of handling for violations of the law on environmental protection.
Pay attention to environmental protection of residential areas, handle environmental pollution problems;
Diversify investment capital sources for environmental protection;
Developing technology for pollution treatment, recycling and waste treatment;
International integration and cooperation on environmental protection and policies on the development of socio-economic projects.
Please see more:
General regulations on environmental protection in Vietnam
Regulations on urban and rural environmental protection in Vietnam
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Frequently asked questions
Presidents of People’s Committees at all levels;
Police;
Specialized inspection of natural resources and environment;
National defense inspection;
Borderlands security;
– Coast Guard;
Custom;
– Forestry, Fisheries and Inspectors specialized in Agriculture and Rural Development;
Inspector specialized in industry and trade and market management;
– Maritime Port Authority, Airport Authority, Inland Waterway Port Authority;
Inspectors specialized in culture, sports and tourism;
Department of Health Environment Management.
Coercive measures, competence, content, order and procedures and organization of enforcement of decisions on sanctioning of administrative violations in the field of environmental protection shall comply with the provisions of law. on handling administrative violations.
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