Environmental crimes are acts that are dangerous to society, infringing on social relations in the field of environment related to the protection of the natural environment, rational use of natural resources and conservation of the environment and environmental protection for humans. Thereby causing serious damage directly or indirectly to the natural environment and human living environment. So about the matter “Environmental crimes are regulated in which Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015 amended and supplemented in 2017
What is environmental crime?
Environmental crimes are understood as crimes that infringe on social relations related to the protection of a favorable and quality natural environment, the rational use of natural resources and the conservation of natural resources. ensure ecological security for the population.
In particular, the subject of this crime is an individual with penal liability capacity as prescribed in the Penal Code or a commercial legal entity (in some specific crimes) that commits acts that intentionally endanger the lives of others. society violates the State’s regulations on environmental protection.
Environmental crimes are regulated in which Vietnam law?
Environmental crimes under the Penal Code are prescribed in Chapter XIX with all 12 articles (from Articles 235 to Article 246), specifically the following laws:
– Crime of causing environmental pollution (Article 235):
+ For individuals: The maximum penalty for this crime is up to 5 years in prison.
+ For commercial legal entities: May be permanently suspended if committing crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017).
– Crime of violating regulations on hazardous waste management (Article 236): The maximum penalty for this crime is up to 10 years in prison.
– Crime of violating regulations on prevention, response and remedy of environmental incidents (Article 237):
+ For individuals, the maximum penalty for this crime is up to 07 years in prison.
+ For commercial legal entities: If they commit crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017), they may be permanently suspended from operation.
– Violation of regulations on safety protection of irrigation works, dykes and natural disaster prevention and control; Violations against regulations on protection of banks and riverbanks (Article 238)
+ For individuals, the maximum penalty for this crime is up to 10 years in prison.
+ For commercial legal entities: If they commit crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017), they may be permanently suspended from operation.
– Crime of bringing waste into the Vietnamese territory (Article 239)
+ For individuals, the maximum penalty for this crime is up to 10 years in prison.
+ For commercial legal entities: May be permanently suspended if committing crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017).
– Crime of spreading dangerous infectious diseases to people (Article 240): The maximum penalty for this crime is up to 10 years in prison.
– Crime of spreading dangerous diseases to animals and plants (Article 241): The maximum penalty for this crime is up to 07 years in prison.
– Crime of destroying aquatic resources (Article 242)
+ For individuals, the maximum penalty for this crime is up to 10 years in prison.
+ For commercial legal entities: The operation may be suspended for a term of 6 months to 3 years if it commits a crime in the cases specified in Clause 3, Article 242 of the Penal Code 2015 (amended and supplemented 2017). .
– Crime of destroying forests (Article 243)
+ For individuals, the maximum penalty for this crime is up to 15 years in prison.
+ For commercial legal entities: If they commit crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017), they may be permanently suspended from operation.
– Crime of violating regulations on protection of endangered, precious and rare animals (Article 244)
+ For individuals, the maximum penalty for this crime is up to 15 years in prison.
+ For commercial legal entities: If they commit crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017), they may be permanently suspended from operation.
– Crime of violating regulations on management of nature reserves (Article 245)
+ For individuals, the maximum penalty for this crime is up to 07 years in prison.
+ For commercial legal entities: They may be suspended from operation for a term of 6 months to 3 years if they commit crimes in the cases specified in Article 79 of the Penal Code 2015 (amended and supplemented 2017).
– Crime of importing and spreading invasive alien species (Article 246)
+ For individuals, the maximum penalty for this crime is up to 07 years in prison.
+ For commercial legal entities: The operation may be suspended for a term of from 06 months to 03 years if committing crimes in the cases specified in Clause 2, Article 246 of the Penal Code 2015 (amended and supplemented 2017). .
What is the punishment for causing environmental pollution?
According to regulations, the crime of causing environmental pollution is the act of intentionally burying, burying, dumping and illegally discharging hazardous wastes with special hazardous components exceeding the hazardous waste threshold as prescribed by law or containing substances subject to exclusion under Annex A of the Stockholm Convention on persistent organic pollutants or other hazardous wastes contaminating the environment.
The objective signs of the crime are prescribed by the law as follows:
– The group of subjects who have not been administratively sanctioned for one of the acts specified in this article or have not been convicted of this crime, the objective act of the crime of causing environmental pollution is specified as one of the Illegally burying, burying, dumping or discharging into the environment hazardous wastes with special hazardous components exceeding the hazardous waste threshold as prescribed by law or containing substances that must be excluded according to the Appendix. Appendix A of the Stockholm Convention on Persistent Organic Pollutants of 1000 kg or more
– Discharging into the environment from 5,000 cubic meters (m3)/day to less than 10,000 cubic meters (m3)/day of wastewater with hazardous environmental parameters exceeding the technical regulations on waste by 10 times or more;
– Discharging wastewater into the environment containing radioactive substances that cause environmental contamination in excess of technical regulations from 02 times to less than 04 times;
– Discharging into the environment from 5,000 cubic meters (m3)/day to less than 10,000 cubic meters (m3)/day of wastewater with pH from 0 to less than 2 or from 12.5 to 14;
– Discharging into the environment from 300,000 cubic meters (m3)/hour to less than 500,000 cubic meters (m3)/hour of dust, emissions exceeding technical regulations on waste 10 times or more;
– Burying, burying, dumping or discharging into the environment ordinary solid waste from 200,000 kg to under 500,000 kg;
– Waste containing radioactive substances, causing environmental contamination of radioactive sources of medium danger according to national technical regulations on radiation safety – grouping and classification of radioactive sources exceeding the standards allow;
– Dispersing radiation to the environment, exceeding the technical regulations or exceeding the prescribed limit from 02 times to less than 04 times.
Subjective signs of crime
The offender’s fault is intentional
Penalty
According to the provisions of the law, there are 3 main penalty frames and 1 additional penalty frame and 1 penalty frame for commercial legal entities subject to criminal liability.
Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 or a prison term of between 03 and 07 years:
+ Burying, burying, dumping and discharging into the environment hazardous wastes or persistent organic substances that need to be eliminated according to the provisions of Annex A of the Stockholm Convention on persistent organic pollutants contrary to the provisions of this Law. law 5,000 kilograms or more;
+ Discharging into the environment 10,000 cubic meters (m3)/day or more of wastewater with hazardous environmental parameters exceeding the technical regulations on waste by 10 times or more;
+ Discharging wastewater into the environment containing radioactive substances that cause environmental contamination in excess of the technical regulations 04 times or more;
+ Discharging into the environment 10,000 cubic meters (m3)/day of wastewater with pH from 0 to less than 2 or from 12.5 to 14;
+ Discharging into the environment 500,000 cubic meters (m3)/hour or more of dust and emissions exceeding the technical regulations on waste 10 times or more;
+ Burying, burying, dumping or discharging into the environment ordinary solid waste against the provisions of law of 500,000 kilograms or more;
+ Wastes containing radioactive substances, causing environmental contamination of radioactive sources of above-average danger according to the National Technical Regulations on radiation safety – grouping and classification of radioactive sources exceeding the permissible limits. allowable standards;
+ Dispersing radiation into the environment, exceeding the technical regulations or exceeding the prescribed limit 04 times or more.
– Those who commit one of the following acts, have been administratively sanctioned for this act or have been convicted for this crime, have not yet had their criminal records remitted but continue to commit them, shall be subject to a fine of from 50,000 VND. 000 VND to 500,000,000 VND or imprisonment from 03 months to 02 years:
+ Burying, burying, dumping and discharging into the environment hazardous wastes or persistent organic substances that need to be eliminated according to the provisions of Annex A of the Stockholm Convention on persistent organic pollutants contrary to the provisions of this Law. from 1,000 kilograms to under 3,000 kilograms by law;
+ Transfer, give, buy or sell hazardous waste or persistent organic substances on the list of banned substances from using 2,000 kilograms or more in contravention of law;
+ Discharging into the environment from 1,000 cubic meters (m3)/day to 10,000 cubic meters (m3)/day of wastewater with hazardous environmental parameters exceeding the technical regulations on waste from 05 times to less than 10 times ;
+ Discharging wastewater into the environment containing radioactive substances that cause environmental radiation in excess of the permitted technical regulations or the prescribed limit from 01 time to less than 02 times;
+ Discharging into the environment from 1,000 cubic meters (m3)/day to less than 10,000 cubic meters (m3)/day of wastewater with pH from 0 to less than 2 or from 12.5 to 14;
+ Discharging into the environment from 150,000 cubic meters (m3)/hour to less than 300,000 cubic meters (m3)/hour of dust, emissions exceeding technical regulations on waste 10 times or more;
+ Burying, burying, dumping or discharging into the environment ordinary solid waste from 100,000 kg to 200,000 kg;
+ Wastes containing radioactive substances, causing environmental contamination of radioactive sources with a below-average danger level according to national technical regulations on radiation safety – grouping and classification of radioactive sources exceeding the permissible limits allowable standards;
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Please see more
- Regulations on environmental protection in certain fields in Vietnam
- Regulations on environmental reporting in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
Environmental crimes in the 2015 Penal Code, as amended and supplemented in 2017, are divided into 4 groups and arranged in the following order:
Group 1: Acts of causing environmental pollution (Articles 235, 236, 237 and 239 of the Penal Code)
Group 2: Acts of spreading dangerous diseases to humans and animals (Articles 240 and 241);
Group 3: Acts of destroying environmental resources (Article 242 and Article 243);
Group 4: Acts of infringing upon the special protection regime for some environmental objects (Article 238, Article 244, Article 245 and Article 246).
Environmental crimes infringing upon the sustainability and stability of the environment; harming social relations arising in the field of environmental management and protection, causing serious consequences, very serious or especially serious consequences for the ecological environment as well as for life, human health and property.
The subject of environmental crimes can be individuals or commercial legal entities. In some crimes, the subject can also be people with positions and powers.
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