eFootball PES 2021 mang đến những dữ liệu về cầu thủ và câu lạc bộ mới nhất. Trò chơi cũng mang đến người chơi chế độ UEFA EURO 2020 TM độc quyền, cho phép bạn và bạn bè của bạn tham gia vào những cuộc so tài nóng bỏng nhất trong game thể thao bóng đá hay nhất hành tinh này.
Download PES 2021 - Game quản lý, tranh tài bóng đá
Hãy bắt đầu mùa giải mới với câu lạc bộ yêu thích của bạn bằng cách mua Club Edition! Mỗi Club Edition có đội hình đầy đủ của câu lạc bộ [cầu thủ và người quản lý] cũng như một số phần thưởng theo chủ đề câu lạc bộ, bao gồm cầu thủ iconic, một bộ kit, ... Một số Club Edition có sẵn là: Juventus, Arsenal, Manchester United, FC Barcelona, ...
Những mùa giải mới và câu lạc bộ yêu thích
Gameplay eFootball PES 2021 được đổi mới rõ nét kể từ phiên bản PES 2020 mang đến những trải nghiệm mới cho các game thủ. Vượt qua hàng thủ với 'Finesse Dribble', khám phá cơ chế bẫy mở rộng và cảm nhận độ chính xác của cú đá. Chế độ Master League được đầu tư phát triển trong PES 2021. Ba người quản lý mới cũng đã được thêm vào làm avatar, mang đến thêm nhiều lựa chọn cho fan. Không chỉ vậy, chế độ trực tuyến Matchday cũng được cải biến đáng kể. Đồ hoạ được nâng cao chất lượng để mô phỏng người chơi, sân vận động, ... trở lên chân thực và sống động hơn.
Chế độ chơi đa dạng, đồ họa đẹp mắt
2. Những tính năng chính của eFootball PES 2021
- Phiên bản game quản lý bóng đá mới 2021.
- Các cập nhật và đổi mới về cập nhật chuyển nhượng, máu áo, huấn luyện viên.
- Nhiều mùa giải mới, câu lạc bộ được nâng cấp.
- Chế độ chơi đa dạng, đồ họa đẹp mắt.
- Gameplay hấp dẫn và gây nghiện.
3. Game liên quan
Tương tự với PES 2021, Dream League Soccer cũng cũng là tựa game bóng đá nổi tiếng. Hiện đã có phiên bản Dream League Soccer 2022 người chơi có thể tải về và trải nghiệm dẫn dắt đội bóng, đưa đội bóng của mình tham gia vào các giải đấu lớn nhé.
Football Manager 2020 cũng là phiên bản game quản lý và so tài bóng đá được nhiều người yêu thích, bạn sẽ được vào vai một nhà cầm quân của bất kỳ câu lạc bộ bóng đá mà mình yêu thích trên các quốc gia khác nhau, đặc biệt Football Manager 2020 cho phép người chơi toàn quyền kiểm soát các cầu thủ từ ngoại hình, trang phục đến sức khỏe và khả năng thi đấu.
Nhằm chuẩn bị cho mùa giải V-League 2023, CLB Sông Lam Nghệ An mới đây đã quyết định bổ nhiệm một vị HLV thể lực nước ngoài cho đội bóng. Đây cũng là lần đầu tiên đội bóng xứ Nghệ có một HLV thể lực người nước ngoài.
HLV nước ngoài mới của SLNA là ông Tiago Almeida, sinh năm 1984. Theo đó, ông Tiago Jose Almeida Goncalves sẽ đảm nhận vị trí HLV thể lực kiêm phân tích dữ liệu GPS cho SLNA từ mùa tới. Trước đó, vị HLV này đã tốt nghiệp Khoa huấn luyện thể lực tại trường đại học FAP và Tâm lý học thể thao tại trung tâm Uninter [Brazil]. Ông cũng được cấp chứng chỉ huấn luyện thể lực tại CHLB Đức.
HLV Tiago Almeida sẽ đảm nhận vị trí HLV thể lực mới của SLNANgoài ra HLV Tiago Almeida đã có trong tay bằng C, B do LĐBĐ Brazil cấp và được LĐBĐ Châu Á cấp bằng HLV thể lực cấp độ 2.
Chia sẻ về quyết định tìm kiếm một HLV thể lực người nước ngoài, HLV Huy Hoàng của SLNA cho biết: “Qua mùa giải 2022, chúng tôi nhận thấy điểm yếu, vấn đề của SLNA là công tác thể lực chưa tốt. Mùa giải 2023, giải đấu sẽ đổi thể thức nên được dự báo rất khốc liệt và chúng tôi cần phải sớm cải thiện, nâng tầm thể lực cho cả đội.
Được lãnh đạo CLB tạo điều kiện và lần đầu tiên SLNA đã có huấn luyện viên thể lực người nước ngoài, chúng tôi hi vọng anh ấy sẽ giúp cho Đội 1 SLNA có thể lực tốt nhất cho mùa giải này và những mùa giải tiếp theo.
Tôi cũng mong rằng sự có mặt của anh ấy ở SLNA sẽ giúp cho các huấn luyện viên có nhiều cách làm tốt và khoa học hơn trong công tác thể lực cho các cầu thủ trẻ”,
Một số chi tiết thêm về HLV Tiago Almeida, ông đã có thời gian từng làm việc với một số đội bóng tại CHLB Đức, Hàn Quốc, UAE. Ông cũng từng làm việc ở các đội bóng Thái Lan. Ở mùa giải 2022 vừa qua, HLV Tiago Almeida là thành phần trong ban huấn luyện của CLB Dibba thuộc giải VĐQG UAE và Đội tuyển U23 UAE.
Mới đây, CLB SLNA cũng đã đăng tải thông báo về việc đã hoàn tất thủ tục thanh lý hợp đồng trước thời hạn với Phan Văn Đức để cầu thủ này có thể khoác áo đội bóng mới. Trước đó vào năm 2021, hai bên đã cùng kí vào bản gia hạn hợp đồng có thời hạn 3 năm.
Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;
Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law dated November 13, 2020 on Amendments to some Articles of the Law on Penalties for Administrative Violations;
Pursuant to the Law on Environmental Protection dated November 17, 2020;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Pursuant to the Ordinance on Environmental Police dated December 23, 2014;
At the request of the Minister of Natural Resources and Environment;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for administrative offences, penalties, fines, remedial measures against administrative offences, power to make administrative offence notices, power to impose penalties for administrative offences against environmental protection.
2. Administrative environmental protection offences prescribed in this Decree consist of:
a] Offences against regulations on environmental registration, environmental licenses and environmental impact assessment;
b] Acts of offences against environmental pollution;
c] Offences against regulations on waste management;
d] Offences against regulations on environmental protection committed by production, business and service establishments [hereinafter referred to as “business establishments”] and industrial parks, export-processing zones, hi-tech zones and dedicated areas for industrial production in economic zones [hereinafter referred to as “dedicated areas for production, business and service provision], industrial clusters, craft villages;
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e] Offences against regulations on environmental protection during management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment containing persistent pollutants;
g] Offences against regulations on prevention and control of environmental pollution and degradation, and waste-related emergencies; reduction of greenhouse gas [GHG] emissions, ozone layer protection;
h] Offences in relation to nature and biodiversity conservation, including regulations on environmental protection of natural heritage sites, payments for ecosystem services [PES], conservation and sustainable development of species, conservation and sustainable development of genetic resources;
i] Offences against regulations on environmental monitoring; management of environmental information and data; provision and publishing of environmental information; reporting of environmental protection;
k] Acts causing obstruction of state management, inspection and imposition of penalties for administrative offences and other acts of offence against regulations on environmental protection provided for in Chapter II herein.
Article 2. Regulated entities
1. Domestic and foreign individuals and organizations [hereinafter referred to as “individuals and organizations”] committing administrative environmental protection offences within the territory, the contiguous zone, the exclusive economic zone and the continental shelf of the Socialist Republic of Vietnam; aboard aircrafts bearing Vietnamese nationality, aboard vessels bearing Vietnamese flags unless otherwise regulated by treaties to which Vietnam is a signatory shall incur penalties as regulated in this Decree or relevant Decrees.
2. Penalties incurred by households, household businesses and residential communities committing offences against regulations herein shall be the same as those incurred by violating individuals.
3. Organizations incurring penalties for administrative environmental protection offences prescribed in this Decree include:
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b] Cooperatives and cooperative unions established under the Law on Cooperatives;
c] Foreign investors that are foreign-invested organizations and economic organizations, representative offices and branches of foreign traders in Vietnam, representative offices of foreign trade promotion organizations in Vietnam established under the Law on Investment; foreign juridical persons operating within Vietnam’s territorial waters;
d] Regulatory bodies committing administrative offences beyond their delegated power;
dd] Socio-political organizations, socio-professional organizations;
e] Public service providers;
g] Cooperative associations;
h] Other organizations established under regulations of law.
4. Persons having power to make administrative offence notices; persons having power to impose penalties for administrative environmental protection offences; other agencies, organizations and individuals related to environmental protection as prescribed in this Decree.
Article 3. Definitions
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1. “discharge of wastewater into the environment” refers to the discharge of wastewater of all kinds by individuals and organizations into soil, underground water, surface water and seawater, inside and outside business establishments and dedicated areas for production, business and service provision.
2. “discharge of dust and emission into the environment” refers to the discharge of dust and emission by individuals and organizations into air.
3. “hazardous environmental parameters [pollution parameters] in wastewater” refer to the environmental parameters specified in the national technical regulation on hazardous waste thresholds mentioned in Section I in the Annex I to this Decree.
4. “hazardous environmental parameters [pollution parameters] in emission and air” refer to the environmental parameters specified in the national technical regulation on hazardous substances in ambient air and some parameters specified in the national technical regulation on waste mentioned in Section II in the Annex II to this Decree.
5. “conventional environmental parameters [pollution parameters]” refer to the environmental parameters specified in the national technical regulation on waste and ambient air, except for the environmental parameters specified in clauses 3 and 4 of this Article.
6. “illegal exploitation of species” to the acts of hunting, shooting, trapping, picking, collecting, keeping and seizing species [including animals, plants, fungi and microorganisms], parts or derivatives of animals and/or plants without the permission of competent authorities or in excess of the permitted quantity specified in the exploitation license issued by competent authorities.
7. “public areas” refer to parks, recreation areas, dedicated areas for business and service provision, markets, train stations, bus stations, docks, ports, ferry terminals and public facilities.
8. “vandalism of a natural heritage site” refers to the acts of destroying landscapes, changing ecosystem structure, reducing animal and plant species composition; blocking paths, causing damage to nursery grounds and spawning grounds of aquatic species; changing authentic elements and damaging scenic landscapes as prescribed by regulations of law on cultural heritage; affecting habitats of fish species and marine protected areas as prescribed by regulations of law on fisheries.
9. “encroachment upon a natural heritage site” refers to the acts of illegally constructing works or residential houses; preserving, rehabilitating or restoring scenic landscapes in contravention of regulations of law on cultural heritage; encroaching or occupying forests, illegally exploiting forest environment and forest resources, illegally rendering services and conducting business in forests as prescribed by regulations of law on forestry.
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1. Principal penalties and fines:
Any organization or individual that commits administrative environmental protection offences shall be liable to one of the following principal penalties:
a] A warning;
b] The maximum fine for an environmental protection offence incurred by an individual is VND 1,000,000,000; that incurred by an organization is VND 2,000,000,000.
2. Additional penalties:
a] Suspension of environmental license; certificate of eligibility to provide environmental monitoring services; license for access to genetic resources; license for genetically modified organism testing; decision on accreditation of genetically modified organism laboratory; decision on accreditation of genetically modified organism testing facility [hereinafter referred to as “licenses”] or suspension of operation as regulated in Clause 2 Article 25 of the Law on Penalties for Administrative Violations for 01 - 24 months as of the entry into force of the decision on imposition of penalty for administrative offence [hereinafter referred to as “penalty imposition decision”];
b] Confiscation of exhibits and instruments used for committing administrative environmental protection offences [hereinafter referred to as “exhibits and instruments of administrative offences]; confiscation and handling of valuable products created after destruction in accordance with regulations of law;
c] Applying the additional penalty existing in the form of suspension of operation to establishments supplying public products and services through the State’s commissioning, order placement or procurement processes according to the provisions of this Decree, except as their offences do not lead to environmental pollution, or they have stopped committing offences or have completely remedied the consequences of their administrative offences. The time of suspension of operation shall start from the time when a state authority assigns a task, places an order or bids to assign a task, appoints a unit or select another contractor to provide public products and services.
3. Apart from the penalties prescribed in clauses 1 and 2 of this Article, individuals and organizations that commit administrative environmental protection may be liable to one or more remedial measures mentioned below within the period regulated by the person who has the power to impose penalties:
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b] Mandatory demolition of works and equipment built or installed in contravention of regulations on environmental protection with the aim of discharging untreated waste into the environment; mandatory demolition of works and equipment so as to dilute waste and treat waste in accordance with technical regulations on waste; mandatory demolition and relocation of works and plants; mandatory demolition of works and residential houses illegally built;
c] Mandatory application of remedial measures against environmental pollution as prescribed; mandatory application of measures to reduce noise in accordance with technical regulations; mandatory application of measures to reduce vibration in accordance with technical regulations;
d] Mandatory re-export of used machinery, equipment, means of transport and ships, raw materials, fuels, materials, scrap and waste imported from abroad; mandatory the re-export of all illegally imported invasive alien species out of the territory of the Socialist Republic of Vietnam; mandatory the re-export of shipments containing genetically modified organisms and/or their genetic specimens out of the territory of the Socialist Republic of Vietnam;
dd] Mandatory the destruction of used machinery, equipment, means of transport and ships, raw materials, fuels, materials, scrap and waste imported from abroad; mandatory destruction of all invasive alien species; mandatory destruction of genetically modified organisms to which the license for genetically modified organism testing or certificate of biosafety is yet to be issued; mandatory destruction of substances, equipment and products containing or produced from prohibited controlled substances; mandatory destruction of all genetically modified organisms and/or their genetic specimens;
e] Mandatory correction of misinformation or misleading information about the state of environment;
g] Mandatory disgorgement of illegal gain from commission of administrative offences or the transfer of the amounts equivalent to the value of the exhibits and/or instruments of administrative offences which have been sold, liquidated, hidden or destroyed inconsistently with the law;
For the administrative offences specified in point g clause 1, point g clause 2 Article 10; points g and h clause 1, points g and h clause 2, points g and h clause 3 Article 11; points a and b clause 1, points a and b clause 2 Article 13; points d and dd clause 2, points d and dd clause 3, points d and dd clause 4 Article 14; points g and h clause 3, points h and i clause 4 Article 15 of this Decree which result in discharge of untreated wastewater into the environment, the illegal gain equals to the total discharge rate [expressed in m3] of untreated wastewater discharged into the environment which is determined during the offence commission period [if the wastewater discharge rate fails to be determined, the wastewater discharge rate shall be the maximum rate of wastewater discharged every 24 hours specified in a document in the following order of priority: inspection conclusion, audit result, application for issuance of environmental license or component environmental license, environmental impact assessment report [hereinafter referred to as “EIAR”] multiplied by the price of wastewater treatment service [expressed in VND/m3] in the province set by the provincial People's Committee [if the provincial People's Committee fails to set a price, the price of wastewater treatment service applicable to the industrial park at the nearest distance from the violating organization shall be applied].
For the administrative offences specified in point g clause 1, point g clause 2 Article 10; points g and h clause 1, points g and h clause 2, points g and h clause 3 Article 11; points a and b clause 1, points a and b clause 2 Article 13; points d and dd clause 2, points d and dd clause 3, points d and dd clause 4 Article 14; points g and h clause 3, points h and i clause 4 Article 15 of this Decree which result in discharge of untreated emission into the environment, the illegal gain equal to the emission discharge rate [expressed in m3/hour] [in case of failure to install or operate an emission treatment system, the emission discharge rate shall be the maximum rate of emission discharged every hour specified in a document in the following order of priority: inspection conclusion, audit result, application for issuance of environmental license or component environmental license, EIAR] multiplied by the hour-based offence commission period and by the costs [express in VND/m3] of operating the emission treatment system in an hour, including: electricity, water, labor, chemicals and consumables.
For the administrative offences specified in clauses 2, 3 and 4 of Article 16; point a clauses 4 and 5 of Article 17; clauses 4 and 7 of Article 46, the illegal gain is all sums that an organization or individual earns when committing an offence.
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i] Mandatory collection, storage and safe management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment imported, produced and used containing persistent pollutants as prescribed, and mandatory submission of reports on results of completed remediation of consequences of offences;
k] Mandatory transfer of waste to entities having treatment competence; mandatory transfer of substances, equipment and products containing or produced from controlled substances subject to treatment in accordance with regulations to entities having treatment competence and payment of all costs incurred;
l] Collecting underpaid or evaded environmental protection fees; mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples; mandatory payment of deposit on environmental protection; mandatory purchase of insurance against compensation for environmental damage; mandatory payment of costs of organizing waste-related emergency response, costs of environmental remediation; mandatory compensation for damage caused by oil pollution as regulated; mandatory full payment for ecosystem services and interest on the late payment amount [if any] accrued over 01 month; mandatory transfer of the remaining amounts to the provincial environment protection fund or Vietnam Environment Protection Fund [VEPF] if the provincial environment protection fund is yet to be established within 06 months; mandatory return of the amounts not used for their intended purposes within 01 month; mandatory payment of contributions for recycling support corresponding to the incomplete mandatory recycling rate or contributions for recycling support corresponding to the recycling rate that fails to meet the mandatory recycling specifications to the VEPF; mandatory payment of outstanding contributions for recycling support to the VEPF; mandatory payment of contributions for recycling support corresponding to the mandatory recycling rate and specifications that must be met to the VEPF; mandatory termination of recycling services agreement and authorized recycling service agreement and payment of subsidies on recycling corresponding to the mandatory recycling rate and specifications to the VEPF for fulfillment of the responsibility for recycling; mandatory transfer of outstanding contributions for waste treatment to the VEPF;
m] Mandatory relocation of projects or facilities to other locations to ensure consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority in cases where the project locations or business establishments fail to conform to the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed; mandatory construction and installation of environmental protection works as prescribed;
n] Mandatory preparation of GHG inventory reports and reports on reduction of GHG emissions for the year[s] of late or insufficient submission and payment of all costs incurred [if any]; mandatory establishment of collection, transport and safe storage procedures in accordance with regulations; mandatory formulation of internal PES schemes within 06 months; mandatory submission of reports on results of completed remediation of consequences of offences in accordance with regulations;
o] Mandatory provision of accurate and sufficient information included in GHG inventory reports and reports on reduction of GHG emissions; mandatory disclosure of environmental impact assessment reports [EIARs] for which the appraisal result has been approved in accordance with regulations; mandatory disclosure of information about products and packaging produced and imported themselves as prescribed; mandatory registration of recycling plans, submission of declarations of contributions for recycling support and reports on recycling results in accordance with regulations; mandatory provision and disclosure of information; mandatory submission of environmental protection reports to competent authorities; mandatory of submission of declarations of contributions for waste treatment support in accordance with regulations.
4. The remedial measures specified in points a, c, g and l clause 3 of this Article shall not be applied if there are insufficient grounds for determining the consequences or for determining the illegal gain or for determining the underpaid or evaded environmental protection fees as prescribed as a result of the offences.
Article 5. Prescriptive time limits for imposing penalties for administrative offences
1. The prescriptive time limit for imposing penalties for administrative environmental protection offences shall be 02 years.
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a] The offences specified in Article 9; points e, g and h clause 1, points e, g and h clause 2, points e, g and h clause 3 Article 11; points b and c clause 1, points b and c clause 2 Article 13; points b, d and e clause 1, points c, d and dd clause 2, points c, d and dd clause 3, points c, d and dd clause 4 Article 14; clause 2, points e, g and h clause 3, points e, g, h and i clause 4, clause 6 Article 15 and Article 38 of this Decree are in-progress administrative offences and the prescriptive time limits begin from the dates on which the competent law enforcement officer detects such offences.
b] The offences specified in point b clause 1, point b clause 2 of Article 10; point b clause 1, point b clause 2, point b clause 3 Article 11; clause 1 Article 32; clause 1 Article 33; clause 1, point c clause 3 Article 43 of this Decree are in-progress administrative offences and the prescriptive time limits begin from the dates on which the organizations or individuals have to disclose information or submit periodic reports as prescribed;
c] The offences specified Articles 18 to 23 of this Decree are completed ones and the prescriptive time limits begin from the dates on which samples are collected;
d] The offences specified in clause 2 Article 25 of this Decree are completed ones and the ending time is when the commission of the offence is completed;
dd] Except for the offences specified in points a, b, c and d of this clause, the person having the power to impose penalties shall determine the prescriptive time limits for imposing other offences as specified in point b clause 1 Article 6 of the Law on Penalties for Administrative Violations.
Article 6. Fines and power to impose penalties
1. The maximum fine imposed for an administrative environmental protection offence shall be subject to regulations of law on imposition of penalties for administrative offences.
2. Fines for administrative offences prescribed in Chapter II herein are the ones for the administrative offences committed by individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same offence.
3. Power to impose penalties delegated to the persons specified in Articles 56 to 67 of this Decree shall be the same as the power to impose an administrative offence committed by individuals. In case of imposition of a fine, the power to impose such fine on a violating entity shall be 02 times higher than that on a violating individual.
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Article 7. Application of technical regulations on environment and use of environmental parameters for determination of administrative environmental protection offences; principles of imposition of penalties for some administrative environmental protection offences
1. When individuals/organizations discharge waste into the environment, the national technical regulations shall be applied to determine administrative environmental protection offences and severity thereof; in case both national technical regulation and local technical regulation are available, the local technical regulation shall apply [hereinafter referred to as “technical regulation”].
2. If a parameter exceeds the permissible limit prescribed in the environmental technical regulation, the rate of excess shall be the highest value calculated by dividing the value collected by technical means and equipment, and from results of inspection, assessment, monitoring, measurement and analysis of certain environmental parameters of waste samples and/or ambient environmental samples by the maximum permissible value of that parameter prescribed in the environmental technical regulation.
3. When imposing fines for the discharge of wastewater [as prescribed in Articles 18 and 19 herein] or the discharge of dust and emission [as prescribed in Articles 20 and 21 herein] in excess of the permissible limits prescribed in the environmental technical regulations, if the discharged wastewater or discharged dust and emission contain both hazardous and conventional environmental parameters or the pH value exceeds the permissible limits prescribed in the technical regulations, the penalty to be imposed shall be determined according to the parameter of wastewater, dust or emission sample involved in the offence for which the highest fine is imposed; if fines determined according to these parameters are equal, hazardous parameters shall serve as a benchmark for determination of the offence.
The fines for the offences involving the remaining environmental parameters of the same samples of these discharges in excess of the permissible limits prescribed in the technical regulations shall be 10% - 50% more than the fine for the selected offence involving each of these parameters provided that total sum of fine for each offence does not exceed the prescribed maximum fine.
In case a business establishment or a dedicated for production, business and service provision has many points of discharging wastewater or dust/emission in excess of the permissible limits prescribed in technical regulations, appropriate penalty shall be imposed on each point.
4. The wastewater discharge rate specified in Articles 18 and 19 of this Decree means the total volume of wastewater discharged into the environment in a day [24 hours]. In case where the wastewater discharge rate cannot be determined, the discharge rate shall be calculated by multiplying the flow rate of wastewater determined at the sampling time by 24 hours. In case of discharge of wastewater into soil, groundwater or surface water [in ponds, lakes, pits, etc. within a business establishment] upon the calculation of the wastewater discharge rate in excess of the permissible limits prescribed in the technical regulation on waste, the Kq value [the coefficient of receiving water] shall be equal to 0.6 as regulated in that technical regulation; if the technical regulation relies on the environmental zoning instead of the Kq value, the pollution limits of the strictly protected environmental zone shall apply.
Article 8. Use of results and data obtained from of technical means and equipment to the discovery and imposition of penalties for administrative environmental protection offences
1. The use of technical means and equipment and data therefrom provided by individuals and organizations to determine administrative environmental protection offences shall comply with the Decree on list, management and use of technical means and equipment and procedures for collection and use of data from technical means and equipment provided by individuals and organizations to discover administrative offences. Results obtained by employing technical means and equipment shall be compared with the maximum permissible values of environmental parameters prescribed in technical regulations for determining administrative offences.
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a] Organizations issued with the certificate of eligibility to provide environmental monitoring services as prescribed by law;
b] Environmental inspection, assessment and/or monitoring organizations that are established by competent agencies, sufficiently competent and designated by competent authorities in accordance with specialized law;
c] Results obtained from continuous and automatic wastewater/emission monitoring equipment or systems of organizations and individuals that are tested, inspected or calibrated in accordance with regulations of law in cases where continuous and automatic monitoring systems need to be installed and data obtained from that system need to be directly transmitted to the provincial Department of Natural Resource and Environment for inspection and supervision.
3. Related individuals and organizations shall cooperate with competent authorities and persons in using data obtained from technical means and equipment to define entities and administrative offences against environmental protection.
Chapter II
ADMINISTRATIVE ENVIRONMENTAL PROTECTION OFFENCES, PENALTIES, FINES, REMEDIAL MEASURES
Article 9. Offences against regulations on environmental registration
1. Penalties for offences against regulations on environmental registration for an investment project or business establishment not required to prepare an EIAR are as follows:
a] A warning or fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;
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2. Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the provincial People’s Committee or not subject to approval by the Ministry of National Defense or Ministry of Public and satisfying the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the provincial People’s Committee are as follows:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;
b] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.
3. Penalties for offences against regulations on environmental registration for an investment project or business establishment required to prepare an EIAR subject to approval by the Ministry of Natural Resources and Environment or subject to approval by the Ministry of National Defense or Ministry of Public, for an investment project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the Ministry of Natural Resources and Environment are as follows:
a] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to correctly or sufficiently fulfill the commitment or plan to collect, manage and treat waste mentioned in the environmental registration form received by the competent authority, except for the offences against regulations on normal solid waste and hazardous waste;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to apply for environmental registration by the prescribed deadline; for omitting information about type of waste or weight of waste generated and plan to collect, manage and treat waste of the investment project or business establishment required in the environmental registration form; for failure to apply for environmental registration again as prescribed.
Article 10. Offences against regulations on environmental impact assessment
1. Penalties for offences against regulations on compliance with the decision on approval for result of appraisal of EIAR subject to approval by the provincial People’s Committee or compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of National Defense or Ministry of Public Security for a project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the provincial People’s Committee are as follows:
a] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to issue a notification of completion of environmental protection work as prescribed to the authority approving the EIAR appraisal result before putting the project into official operation in case where the investment project is not required to obtain the environmental license;
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c] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to adjust or supplement the investment project and EIAR to make them conformable with the environmental protection contents and requirements specified in the decision on approval for EIAR appraisal result;
d] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response and regulations specified in points dd, e and g of this clause;
dd] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to implement the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, except for the cases specified in points e and g of this clause;
e] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to notify the competent authority as prescribed for consideration and approval during the process of issuing the environmental license for the investment project required to obtain the environmental license in case of any change specified in point b clause 4 Article 37 of the Law on Environmental Protection;
g] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install or improperly building or installing waste treatment works, works or measures for minimizing noise and vibration and control of light and thermal radiation as prescribed during the construction and execution of the project resulting in generation of waste, noise, vibration, light or thermal radiation.
2. Penalties for offences against regulations on compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of Natural Resources and Environment or compliance with the decision on approval for result of appraisal of EIAR subject to approval by the Ministry of National Defense or Ministry of Public Security for a project satisfying the environmental criteria equivalent to those applicable to the project subject to approval by the Ministry of Natural Resources and Environment are as follows:
a] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to issue a notification of completion of environmental protection work as prescribed to the authority approving the EIAR appraisal result before putting the project into official operation in case where the investment project is not required to obtain the environmental license;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to disclose the EIAR for which the appraisal result has been approved as prescribed;
c] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to adjust or supplement the investment project and EIAR to make them conformable with the environmental protection contents and requirements specified in the decision on approval for EIAR appraisal result;
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dd] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to implement the requirements specified in the decision on approval for EIAR appraisal result as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, except for the cases specified in points e and g of this clause;
e] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to notify the competent authority as prescribed for consideration and approval during the process of issuing the environmental license for the investment project required to obtain the environmental license in case of any change specified in point b clause 4 Article 37 of the Law on Environmental Protection;
g] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install or improperly building or installing waste treatment works, works or measures for minimizing noise and vibration and control of light and thermal radiation as prescribed during the construction and execution of the project resulting in generation of waste, noise, vibration, light or thermal radiation.
3. Additional penalties:
a] Suspending the construction activities which results in discharge of waste for 01 - 03 months as a remedy for the offences specified in point g clause 1 of this Article;
b] Suspending the construction activities which results in discharge of waste for 03 - 06 months as a remedy for the offences specified in point g clause 2 of this Article.
4. Remedial measures:
a] Mandatory disclosure of the EIAR for which the appraisal result has been approved as prescribed in case of commission of the offences specified in point b clause 1, point b clause 2 of this Article;
b] Mandatory demolition of the works or equipment built or installed against regulations on environmental protection for discharge of untreated waste to the environment in case of commission of the offences specified in point g clause 1, point g clause 2 of this Article;
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Article 11. Offences against regulation on environmental licenses
1. Penalties for offences against regulations on the environmental license under the licensing authority of the district-level People's Committee or environmental license under the licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the district-level People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;
b] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to disclose the environmental license as prescribed;
c] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the environmental license, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;
d] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;
dd] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for including inaccurate or untruthful information about the completion of environmental protection works and measures in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;
e] A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;
g] A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;
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2. Penalties for offences against regulations on the environmental license under the licensing authority of the provincial People's Committee or environmental license under the licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the provincial People’s Committee, except for the cases mentioned in Articles 15, 29, 30, 31, 35 and 38 of this Decree:
a] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;
b] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to disclose the environmental license as prescribed;
c] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for improper or incomplete implementation of one of the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;
d] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;
dd] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for including inaccurate or untruthful information about the completion of environmental protection works and measures in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;
e] A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;
g] A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;
h] A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to build or install environmental protection works in accordance with regulations.
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a] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to notify the licensing authority for consideration and processing in case of any change to the issued license as prescribed; failure to submit the application for environmental license by the prescribed deadline;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to disclose the environmental license as prescribed;
c] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for including inaccurate or untruthful information about waste in the application for issuance of environmental license as prescribed; improper or incomplete implementation of one of the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, dd, e and g of this clause;
d] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations;
dd] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to provide accurate or truthful information about the completion of environmental protection works and measures included in the report on proposal for issuance of environmental license for the investment project to which the decision on approval of EIAR appraisal result has been issued before its trial operation as prescribed; for failure to renew or adjust the environmental license as prescribed; failure to implement the requirements specified in the environmental license as prescribed, except for offences against regulations on environmental monitoring and surveillance; regulations on waste-related emergency prevention and response, and cases specified in points a, b, c, e and g of this clause;
e] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for failure to have the environmental license re-issued as prescribed;
g] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works; failure to build or install waste treatment works according to the environmental license;
h] A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failure to build or install environmental protection works in accordance with regulations.
4. Additional penalties:
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5. Remedial measures:
a] Mandatory demolition of the works or equipment built or installed against regulations on environmental protection for discharge of untreated waste to the environment in case of commission of the offences specified in point h clause 1, point h clause 2 and point h clause 3 of this Article;
b] Mandatory disgorgement of illegal gain from commission of administrative offences specified in points g and h clause 1, points g and h clause 2 and points g and h clause 3 of this Article.
Article 12. Offences against regulations on trial operation of waste treatment works of investment projects
1. Penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the district-level People's Committee or the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the district-level People's Committee:
a] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to notify the plan for trial operation of waste treatment work/work item of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;
b] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;
c] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed upon an investment project or business establishment that fails to prepare or submit the report on result of trial operation of waste treatment work to the licensing authority as prescribed;
d] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs [regarding parameters, location and frequency of surveillance] or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;
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2. Penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the provincial People's Committee or the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the provincial People's Committee:
a] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to notify the plan for trial operation of waste treatment works/work items of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;
c] A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an investment project or business establishment that fails to prepare or submit the report on result of trial operation of waste treatment work to the licensing authority as prescribed;
d] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs [regarding parameters, location and frequency of surveillance] or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;
dd] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to immediately suspend the trial operation of the waste treatment work or failure to promptly notify the licensing authority or competent authority in case of causing an environmental emergency or environmental pollution.
3. Penalties for offences against regulations on trial operation of waste treatment works of an investment project under the environmental licensing authority of the Ministry of Natural Resources and Environment or the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the Ministry of Natural Resources and Environment:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to notify the plan for trial operation of waste treatment works/work items of the investment project or business establishment to the competent authority as prescribed; failure to keep an logbook which records information about trial operation or failure to fully record information about trial operation of the waste treatment work as prescribed; failure to cooperate with the specialized environmental protection authority in the province where the project is executed to undergo inspection and supervision during the trial operation as prescribed;
b] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to halt or reduce the capacity of the investment project or failure to check waste treatment works/equipment or process for operation of waste treatment system to identify the cause for pollution or failure to renovate, upgrade or additionally construct waste treatment works meeting technical requirements on environmental protection as prescribed in case it is discovered that waste discharged into the environment does not meet technical regulations on environmental protection during trial operation;
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d] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failing in trial operation or failing to resume trial operation of waste treatment works as prescribed; for trial operation of waste treatment works in excess of the prescribed time without a notice of extension of the trial operation; for failure to implement or improperly and incompletely implementing waste monitoring programs [regarding parameters, location and frequency of surveillance] or for cooperating with an organization that is ineligible to provide environmental monitoring services in monitoring waste or evaluating efficiency of waste treatment works during trial operation as prescribed; for failure to monitor and supervise result of automatic and continuous wastewater, dust or emission monitoring or failure to connect and transmit data to the specialized environmental protection authority in the province where the project is executed if required to undergo automatic monitoring of wastewater, dust or emission;
dd] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to immediately suspend the trial operation of the waste treatment work or failure to promptly notify the licensing authority or competent authority in case of causing an environmental emergency or environmental pollution.
4. Additional penalties:
a] Suspending the operation in relation to the business establishment’s work undergoing trial operation for 01 - 03 months as a remedy for the offences specified in points b and d clause 1, point b clause 2 and point b clause 3 of this Article;
b] Suspending the operation in relation to the business establishment’s work undergoing trial operation for 03 - 06 months as a remedy for the offences specified in point dd clause 2 and point dd clause 3 of this Article.
5. Remedial measures:
Mandatory application of prescribed remedial measures against environmental pollution in accordance with regulations and submission of the reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points b and d clause 1, points b and d clause 2 and points b and dd clause 3 of this Article.
Article 13. Offences against regulations on environmental protection in the absence of the prescribed decision on approval for EIAR appraisal result
1. If an investment project or business establishment which is required to prepare an EIAR subject to approval by the provincial People’s Committee or approval by the Ministry of National Defense or Ministry of Public Security and satisfies the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the provincial People’s Committee commits offences against regulations environmental protection during its construction or operation, except for the acts specified in Article 14 of this Decree, it shall incur a penalty as follows:
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b] A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for failure to have any work or measure for waste collection and treatment in accordance with environmental protection requirements as prescribed;
c] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to obtain the decision on approval for EIAR appraisal result as prescribed.
2. If an investment project or business establishment which is required to prepare an EIAR subject to approval by the Ministry of Natural Resources and Environment or approval by the Ministry of National Defense or Ministry of Public Security and satisfies the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the Ministry of Natural Resources and Environment commits offences against regulations environmental protection during its construction or operation, except for the cases specified in Article 14 of this Decree, it shall incur a penalty as follows:
a] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failing to have any work or measure for minimizing noise and vibration and control of light and thermal radiation; for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; for failure to operate or regularly operate or improperly operating waste treatment works as prescribed;
b] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to have any work or measure for waste collection and treatment in accordance with environmental protection requirements as prescribed;
c] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure to obtain the decision on approval for EIAR appraisal result as prescribed.
3. Additional penalties:
a] Suspending the construction of work items by the investment project or business establishment for 03 – 06 months in case of commission of the offences prescribed in point b clause 1 and point b clause 2 of this Article;
b] Suspending the construction of work items by the investment project or business establishment without the decision on approval for EIAR appraisal result for 06 – 12 months in case of commission of the offences prescribed in point c clause 1 and point c clause 2 of this Article.
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a] Mandatory disgorgement of illegal gain obtained from performing one of the following acts: building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failing to operate or regularly operating or improperly operating waste treatment works; failing to have waste treatment works satisfying environmental protection requirements as prescribed in points a and b clause1; points a and b clause 2 of this Article;
b] Mandatory relocation of the project or business establishment for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority for the offences specified in point c clause 1, point c clause 2 of this Article where the project or business establishment fails to conform to the planning, environmental zoning and environmental carrying capacity approved as prescribed.
Article 14. Violations against regulations on environmental protection for investment projects that have gone through construction process but have not yet been put into operation or operating business establishments which have not yet obtained the prescribed environmental license or environmental registration certificate
1. If an investment project or business establishment required to carry out environmental registration as prescribed commits offences against regulations on environmental protection during its construction or operation, it shall incur a penalty as follows:
a] A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the investment project or business establishment required to prepare an EIAR for failure to collect, manage and treat wastewater, dust and emission; failure to control noise, vibration, light and thermal radiation as prescribed;
b] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the investment project or business establishment not required to prepare an EIAR for failure to carry out environmental registration as prescribed;
c] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the investment project or business establishment required to prepare an EIAR subject to approval by the provincial People’s Committee or approval by the Ministry of National Defense or Ministry of Public Security for the investment project satisfying the environmental criteria equivalent to those applicable to the investment project subject to approval by the provincial People’s Committee for failure to collect, manage and treat wastewater, dust and emission; failure to control noise, vibration, light and thermal radiation as prescribed;
d] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to carry out environmental registration for the investment project or business establishment required to prepare an EIAR subject to approval by the provincial People’s Committee or approval by the Ministry of National Defense or Ministry of Public Security for the investment project satisfying the environmental criteria equivalent to those applicable to the investment project subject to approval by the provincial People’s Committee;
dd] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon for failure to collect, manage and treat waste as prescribed, except for offences against regulations on normal solid waste and hazardous waste for the investment project or business establishment required to prepare an EIAR subject to approval by the Ministry of Natural Resources and Environment or approval by the Ministry of National Defense or Ministry of Public Security for the investment project satisfying the environmental criteria equivalent to those applicable to the investment project subject to approval by the Ministry of Natural Resources and Environment;
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2. If an investment project or business establishment which is required to obtain the prescribed environmental license under the licensing authority of the district-level People’s Committee or under the licensing authority of the Ministry of National Defense or Ministry of Public Security and satisfies the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the district-level People’s Committee commits offences against regulations environmental protection during its construction or official operation, it shall incur a penalty as follows:
a] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations; failure to remediate environmental pollution caused by its activities;
b] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to have any work or measure for minimizing noise and vibration as prescribed;
c] A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for failure to obtain the environmental license as prescribed;
d] A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; for failure to operate or regularly operate or improperly operating waste treatment works;
dd] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have any waste treat work satisfying prescribed environmental protection requirements; for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment.
3. If an investment project or business establishment which is required to obtain the prescribed environmental license under the licensing authority of the provincial People’s Committee or under the licensing authority of the Ministry of National Defense or Ministry of Public Security and satisfies the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the provincial People’s Committee commits offences against regulations environmental protection during its construction or official operation, it shall incur a penalty as follows:
a] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations; failure to remediate environmental pollution caused by its activities;
b] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to have any work or measure for minimizing noise and vibration as prescribed;
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d] A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works;
dd] A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for failure to have any waste treat work satisfying prescribed environmental protection requirements; for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment.
4. If an investment project or business establishment which is required to obtain the prescribed environmental license under the licensing authority of the Ministry of Natural Resources and Environment or under the licensing authority of the Ministry of National Defense or Ministry of Public Security and satisfies the environmental criteria equivalent to those applicable to the investment project or business establishment subject to approval by the Ministry of Natural Resources and Environment commits offences against regulations environmental protection during its construction or official operation, it shall incur a penalty as follows:
a] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to check waste treatment works/equipment to identify the cause for environmental pollution or failure to renovate or upgrade waste treatment works in accordance with regulations in case of reporting incorrect data on actual pollution or in case of committing an offence against regulations on discharge of wastewater, dust or emission in excess of the permissible limits specified in the environmental technical regulations; failure to remediate environmental pollution caused by its activities;
b] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to have any work or measure for minimizing noise and vibration as prescribed;
c] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for failure to obtain the environmental license as prescribed;
d] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failure to operate or regularly operate or improperly operating waste treatment works;
dd] A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for failure to have any waste treat work satisfying prescribed environmental protection requirements; for building or installing equipment, pipes or other systems used for discharging untreated waste into the environment.
5. Additional penalties:
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b] Suspending the operation of the business establishment for 01 - 03 months in case of commission of the offences specified in points dd and e clause 1 and point dd clause 2 of this Article;
c] Suspending the operation of the business establishment for 03 - 06 months in case of commission of the offences specified in point dd clause 3 of this Article;
d] Suspending the operation of the business establishment for 06 - 12 months in case of commission of the offences specified in point dd clause 4 of this Article.
6. Remedial measures:
a] Mandatory application of prescribed remedial measures against environmental pollution in accordance with regulations and submission of the reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in points a, c and dd clause 1, point a clause 2, point a clause 3 and point a clause 4 of this Article;
b] Mandatory disgorgement of illegal gain obtained from performing one of the acts specified in points d and dd clause 2; points d and dd clause 3 and points d and dd clause 4 of this Article;
c] Mandatory demolition of the works or equipment built or installed against regulations on environmental protection for discharge of untreated waste to the environment in case of commission of the offences specified in point dd clause 2, point dd clause 3 and point dd clause 4 of this Article;
d] Mandatory relocation of the investment project or business establishment for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority for the offences involving the failure to have the issued environmental license specified in point c clause 2, point c clause 3 and point c clause 4 of this Article where the project or business establishment fails to conform to the planning, environmental zoning and environmental carrying capacity approved as prescribed.
Article 15. Offences against regulations on environmental protection committed at business establishments, dedicated areas for production, business and service provision, industrial clusters, craft villages
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2. A fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed upon a household/individual business establishment generating wastewater or emission for failure to have any work or equipment for in-situ wastewater or emission treatment satisfying environmental protection requirements.
3. Penalties for offences against regulations on environmental protection during commercial operation of infrastructure of an industrial cluster are as follows:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to assign personnel to take charge of the environmental protection as prescribed;
b] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to promulgate regulations on environmental protection of the industrial cluster in conformity with required environmental protection requirements; failure to request a competent authority to take actions upon discovery of an offence against environmental protection committed by an organization or individual; failure to cooperate with a competent authority in environmental protection and inspection of environmental protection by investment projects and business establishments located in the industrial cluster;
c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to maintain an adequate ratio of green space as prescribed; failure to install an independent electric meter at the centralized wastewater treatment plant; failure to have a manhole for sedimentation or separate oil scum in rainwater before discharge into a receiving body; keeping a centralized wastewater treatment system operation logbook which insufficiently records one of the following pieces of information: flow [input, output], typical parameters of input and output wastewater [if any]; amount of electricity used; type and amount of chemicals used, sewage sludge generated; failure to archive a centralized wastewater treatment system operation logbook as prescribed;
d] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have a logbook which records operation of the centralized wastewater treatment system;
dd] A fine ranging from VND 60,000,000 to VND 100,000,000 shall be imposed for completing the construction or installation of the operating industrial cluster's rainwater collection and drainage system in accordance with environmental protection requirements; failure to dredge, maintain or care the wastewater or rainwater collection and drainage system as prescribed; failure to have a rainwater collection and drainage system in each investment phase of the operating industrial cluster as prescribed; failure to have a rainwater collection and drainage system separated from the wastewater collection and drainage system as prescribed; accepting a new project or increasing capacity of the investment project that generates wastewater in the industrial cluster without a centralized wastewater collection, drainage and treatment system as prescribed;
e] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to completely collect or connect wastewater to establishments in the industrial cluster to the centralized wastewater collection, drainage and treatment system as prescribed [except for exemption from connection of treated wastewater permitted to be discharged into the environment outside the scope of the industrial cluster]; building a wastewater drainage system failing to satisfy environmental protection requirements as prescribed;
g] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for constructing or installing a centralized wastewater treatment system against regulations or against environmental protection requirements as prescribed; failure to complete the construction or installation of the operating industrial cluster's wastewater collection, drainage and treatment system as prescribed; failure to operate or properly operate the operating industrial cluster's centralized wastewater treatment system as prescribed;
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4. Penalties for offences against regulations on environmental protection during commercial operation of infrastructure of a dedicated area for production, business and service provision are as follows:
a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to assign personnel to take charge of environmental protection as prescribed; failure to promulgate regulations on environmental protection of the dedicated area for production, business and service provision in conformity with required environmental protection requirements; failure to cooperate with a competent authority in organizing environmental protection activities or inspecting environmental protection by investment projects and business establishments at the dedicated area for production, business and service provision as prescribed;
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to request a competent authority to take actions upon discovery of an offence against environmental protection committed by an organization or individual; failure to maintain an adequate ratio of green space as prescribed; failure to provide separate spaces for different types of business and services as prescribed; failure to have a manhole for sedimentation or separate oil scum in rainwater before discharge into a receiving body; keeping a centralized wastewater treatment system operation logbook which insufficiently records one of the following pieces of information: flow [input, output], typical parameters of input and output wastewater [if any]; amount of electricity used; type and amount of chemicals used, sewage sludge generated; failure to archive a centralized wastewater treatment system operation logbook as prescribed;
c] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have a logbook which records operation of the centralized wastewater treatment system;
d] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to install an independent electric meter at the centralized wastewater treatment plant of the dedicated area for production, business and service provision;
dd] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to collect or connect or completely connect rainwater of business establishments in the dedicated area for production, business and service provision to the rainwater collection and drainage system as prescribed; failure to have a rainwater collection and drainage system in each investment phase of the operating dedicated area for production, business and service provision as prescribed; failure to dredge, maintain or care the wastewater or rainwater collection and drainage system as prescribed; failure to have a treated wastewater collection and drainage system that satisfies the prescribed requirements; failure to the discharge of wastewater by business establishments into the rainwater drainage system of the dedicated area for production, business and service provision;
e] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to have a rainwater collection and drainage system in each investment phase of the operating dedicated area for production, business and service provision as prescribed; failure to have a rainwater collection and drainage system separated from the wastewater collection and drainage system as prescribed; failure to have a treated wastewater collection and drainage system that satisfies the prescribed requirements; failure to collect or connect or completely connect wastewater of business establishments in the dedicated area for production, business and service provision to the wastewater treatment and collection system as prescribed;
g] A fine ranging from VND 150,000,000 to VND 180,000,000 shall be imposed for accepting a new project not included in the list of industries and business lines in which investment is encouraged as prescribed; accepting a new project or increasing capacity of the operating project that generates wastewater in the dedicated area for production, business and service provision without having environmental protection infrastructure or having environmental protection infrastructure that fails to satisfy regulations or is not suitable for the wastewater receipt and treatment capacity of the centralized wastewater treatment system as prescribed;
h] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for building or installing a centralized wastewater treatment system that fails to satisfy regulations or environmental protection requirements as prescribed;
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5. Penalties for offences against regulations on environmental protection committed by investors in business establishments operating in a dedicated area for production, business and service provision or industrial cluster are as follows:
a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to assign personnel to take charge of environmental protection if required as prescribed; failure to implement or correctly implement regulations on environmental protection of the investor in construction and commercial operation of the dedicated area for production, business and service provision or industrial cluster, except for the cases specified in points c and d of this clause;
b] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to have an environmental management system as prescribed;
c] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to preliminarily treat generated wastewater under the terms and conditions specified in the agreement with the investor in construction and commercial operation of the dedicated area for production, business and service provision or industrial cluster and environmental license of the dedicated area for production, business and service provision or industrial cluster before being connected to the collection system for further treatment by the centralized treatment system as prescribed;
d] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to connect wastewater to the centralized wastewater treatment, drainage and collection as prescribed of the investor in construction and commercial operation of the dedicated area for production, business and service provision or industrial cluster and environmental license of the dedicated area for production, business and service provision or industrial cluster, except for the business establishment that has a wastewater treatment measure/work satisfying environmental technical regulations and has been exempted from connection to the centralized wastewater treatment system of the dedicated area for production, business and service provision or industrial cluster;
dd] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon a business establishment discharging treated wastewater into the rainwater collection and drainage system for failure to stop discharging wastewater, adjust, connect or discharge treated wastewater into the wastewater collection and drainage as prescribed;
e] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for illegally discharge wastewater into the rainwater drainage system of the dedicated area for production, business and service provision, industrial cluster or craft village.
6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for deliberately constructing or installing pipes or discharging point used for discharging wastewater into the environment without visible signs or in a location where the inspection, control or supervision is not permitted as prescribed; diluting treated wastewater/emission before its discharge into the environment with the aim of satisfying the technical regulation on waste; failure to relocate the business establishment to maintain safe environmental distance from residential areas according to the roadmap prescribed by the competent authority; failure to restrict, suspend or adjust working hours of a manufacturing establishment with high dust emission rates and emission discharge rates involved in a type of production that is likely to cause environmental pollution under the competent authority’s directions for implementing emergency measures as prescribed by law in case the air is seriously polluted.
7. Remedial measures:
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b] Mandatory disgorgement of illegal gain obtained from the acts of building or installing equipment, pipes or other systems used for discharging untreated waste into the environment; failing to build or install environmental protection works in case of commission of the offences specified in point h clause 3 and point i clause 4 of this Article;
c] Mandatory demolition of the work or equipment used for diluting wastewater and mandatory treatment of waste in accordance with the technical regulation on waste within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in clause 6 of this Article.
Article 16. Offences against regulations on environmental monitoring and surveillance
1. Penalties for offences against regulations on automatic and continuous monitoring of wastewater, dust and industrial emission are as follows:
a] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for installing a system for automatic and continuous monitoring of wastewater, dust or industrial emission after the prescribed deadline;
b] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for using automatic and continuous monitoring equipment failing to satisfying technical requirements for systems for automatic and continuous monitoring of wastewater, dust and industrial emission as prescribed; failure to operate, improperly or insufficiently operating procedures in accordance with requirements for system management and operation regarding automatic and continuous wastewater monitoring systems or automatic and continuous dust and industrial emission monitoring systems; failure to install CCTV cameras for surveillance of the systems for automatic and continuous monitoring of wastewater, dust and industrial emission as prescribed; failure to fit an automatic wastewater sampling equipment to the automatic and continuous wastewater monitoring system; failure to store wastewater, dust and industrial emission monitoring data as prescribed or failure to connect and transmit monitoring data to competent authorities as prescribed;
c] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to completely set one of the parameters of the continuous and automatic wastewater or dust and industrial emission monitoring systems as regulated or as requested by competent authorities; failure to ensure the confidentiality and integrity of automatic and continuous monitoring data; interfere in automatic and continuous monitoring results before transmitting data to the receiving agency according to regulations;
d] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to have an automatic and continuous wastewater monitoring system or an automatic and continuous dust and industrial emission monitoring system or as requested by competent authorities; failure to deal with breakdown of the automatic and continuous monitoring systems at the request of competent authorities;
dd] For acts of failing to inspect and calibrate wastewater or dust and emission monitoring systems as prescribed, penalties prescribed in the law on penalties for administrative violations arising from metrological activities shall be imposed.
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a] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for incorrectly or insufficiently complying with the requirements for periodic monitoring of wastewater, dust and industrial emission [in terms of monitoring parameters, locations and frequency] set out in the environmental license;
b] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to comply with the requirements for periodic monitoring of wastewater, dust and industrial emission if required as prescribed.
3. Penalties for other offences against regulations on periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance in any of the cases: subject to approval for EIAR appraisal result or under environmental licensing authority of the provincial People's Committee; subject to approval for EIAR appraisal result or under the environmental licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the provincial People's Committee are as follows:
a] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for incorrectly or insufficiently complying with other requirements for periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance [in terms of monitoring parameters, locations and frequency] set out in the decision on approval for EIAR appraisal result or the environmental license;
b] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to comply with other requirements for periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance if required as prescribed.
4. Penalties for other offences against regulations on periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance in any of the cases: subject to approval for EIAR appraisal result or under environmental licensing authority of the Ministry of Natural Resources and Environment or subject to approval for EIAR appraisal result or under the environmental licensing authority of the Ministry of National Defense or Ministry of Public Security while equivalent subjects are under the licensing authority of the Ministry of Natural Resources and Environment are as follows:
a] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for incorrectly or insufficiently complying with other requirements for periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance [in terms of monitoring parameters, locations and frequency] set out in the decision on approval for EIAR appraisal result or the environmental license;
b] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to comply with requirements for periodic monitoring of wastewater, dust and industrial emission and environmental monitoring and surveillance if required as prescribed.
5. Penalties for automatic and continuous monitoring of water and ambient air quality and use of automatic monitoring results for provision and disclosure of information to community are as follows:
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b] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for using automatic and continuous monitoring equipment failing to satisfy technical requirements, failure to satisfy requirements for installation locations and personnel for management and operation of water and ambient air quality monitoring stations as prescribed for monitoring and disclosure of information about environmental quality to the community;
c] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for insufficiently complying with requirements for management and operation of automatic and continuous water and ambient air quality monitoring stations as prescribed and use of automatic monitoring results for provision and disclosure of information to community;
d] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for maintaining the disclosure of information about environmental quality obtained from automatic and continuous monitoring equipment while, in reality, such equipment is not available or fails to operate at the monitoring points.
6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to make a work platform available to ensure safety at the locations or outlet holes of sampling of wastewater, dust and emission as prescribed;
7. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for cooperating with a provider having no certificate of eligibility to provide environmental monitoring services within the scope of the certificate to carry out environmental monitoring and surveillance.
8. Remedial measures:
Mandatory disgorgement of illegal gain from failure to execute the waste monitoring program during operation of the investment project as prescribed in clauses 2, 3 and 4 of this Article.
Article 17. Offences against regulations on environmental monitoring services
1. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for changing personnel, equipment or location of a business establishment without notifying a competent authority in writing as prescribed.
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3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following offences:
a] Failure to ensure a sufficient number of personnel [number of full-time officials responsible for field monitoring, number of full-time officials responsible for environmental analysis, laboratory manager, person responsible for quality assurance and control] for environmental monitoring of the parameters covered by the certificate of eligibility to provide environmental monitoring services;
b] Providing a monitoring result report that fails to contain ordinal numbers, symbols or sufficient information as prescribed.
4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following offences:
a] Performing activities not covered by the certificate of eligibility to provide environmental monitoring services; providing results of monitoring or testing of the parameters not covered by the certificate of eligibility to provide environmental monitoring services as prescribed; carrying out monitoring or testing using the methods not covered by the certificate of eligibility to provide environmental monitoring services as prescribed [except for the parameters not specified in legislative documents on environment];
b] Failure to provide sufficient equipment for field monitoring or environmental analysis which was previously provided on the date of issue of the certificate of eligibility to provide environmental monitoring services;
c] Implementing monitoring techniques against regulations on environmental monitoring techniques or requirements for requirements for accredited monitoring methods; failure to correctly and sufficiently implement regulations on environmental monitoring procedures and methods regulated by the Ministry of Natural Resources and Environment;
d] Failure to sufficiently store raw monitoring data for the entire monitoring services provided in the last 03 years or from the date on which the certificate is issued for the providers operating for less than 3 years.
5. A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for providing environmental monitoring services without the certificate of eligibility to provide environmental monitoring services.
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7. Additional penalties:
a] Suspending the certificate of eligibility to provide environmental monitoring services for 03 - 06 months in case of commission of the offences specified in point a clause 3 and point c clause 4 of this Article;
b] Suspending the certificate of eligibility to provide environmental monitoring services for 06 - 12 months in case of commission of the offences specified in points a, b and d clause 4 of this Article.
8. Remedial measures:
Mandatory disgorgement of illegal gain from the administrative offences specified in point a clause 4 and clause 5 of this Article.
Article 18. Offences against regulations on discharge of wastewater containing conventional environmental parameters into environment
1. A warning shall be issued if the total wastewater discharge rate is under 1.1 times higher than permissible limit prescribed in technical regulation on waste [in excess of the permissible limit prescribed in technical regulation by less than 10%].
2. The following penalties shall be imposed if the total wastewater discharge rate is 1.1 to under 1.5 times or is under 1.1 times higher than permissible limit prescribed in technical regulation on waste if the offence is repeated or committed multiple times:
a] A fine ranging from VND 300,000 to VND 500,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
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c] A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 80,000,000 to VND 90,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
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n] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 170,000,000 to VND 190,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 190,000,000 to VND 210,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 210,000,000 to VND 230,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
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x] A fine ranging from VND 250,000,000 to VND 270,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
3. The following penalties shall be imposed if the total wastewater discharge rate is 1.5 to under 03 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
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h] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
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s] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours];
4. The following penalties shall be imposed if the total wastewater discharge rate is 03 to under 05 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
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c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
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n] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
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x] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
5. The following penalties shall be imposed if the total wastewater discharge rate is 05 to under 05 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
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h] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
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s] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
6. The following penalties shall be imposed if the total wastewater discharge rate is at least 10 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
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c] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
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n] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
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x] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
7. Fines shall be 10% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.1 to under 1.5 times higher than the permissible limit prescribed in the technical regulation; 20% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.5 to under 03 times higher than the permissible limit prescribed in the technical regulation; 30% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 03 to under 05 times higher than the permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 05 to under 05 times higher than the permissible limit prescribed in the technical regulation or the pH value exceeds the permissible limit prescribed in the technical regulation; 50% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is at least 10 times higher than the permissible limit prescribed in the technical regulation. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
8. Additional penalties:
a] Suspending operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in points i, k, l, m, n, o, p, q, r, s, t and u clause 4, 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 5 of this Article;
b] Suspending the environmental license of the environmental license holder for 06 - 12 months in case of commission of the offences specified in points uu, v, x and y clause 4, points u, uu, v, x and y clause 5 and points t, u, uu, v, x and y clause 6 of this Article;
c] Suspending the environmental license of the establishment other than that specified in point b of this clause for 06 - 12 months in case of commission of the offences specified in points uu, v, x and y clause 4, points u, uu, v, x and y clause 5 and points t, u, uu, v, x and y clause 6 of this Article.
9. Remedial measures:
a] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
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Article 19. Penalties for discharging wastewater with hazardous environmental parameters into environment or discharging wastewater with pH values exceeding permissible limits prescribed in technical regulation on waste:
1. A warning shall be issued if the total amount of wastewater discharged is under 1.1 times higher than permissible limit prescribed in technical regulation on waste [in excess of the permissible limit prescribed in technical regulation by less than 10%].
2. The following penalties shall be imposed if the total wastewater discharge rate is 1.1 to under 1.5 times or is under 1.1 times higher than permissible limit prescribed in technical regulation on waste if the offence is repeated or committed multiple times:
a] A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
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h] A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 170,000,000 to VND 190,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 190,000,000 to VND 210,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 210,000,000 to VND 230,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
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s] A fine ranging from VND 250,000,000 to VND 270,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 270,000,000 to VND 290,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 290,000,000 to VND 310,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 310,000,000 to VND 330,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 330,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 350,000,000 to VND 370,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 370,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
3. The following penalties shall be imposed if the total wastewater discharge rate is 1.5 to under 02 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
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c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
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n] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
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x] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
4. The following penalties shall be imposed if the total wastewater discharge rate is 02 to under 03 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
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h] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
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s] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
5. The following penalties shall be imposed if the total wastewater discharge rate is 03 to under 05 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
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c] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
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n] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
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x] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
6. The following penalties shall be imposed if the total wastewater discharge rate is at least 05 times higher than permissible limit prescribed in technical regulation on waste, except for environmental crimes:
a] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
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h] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 300 m3 or more/day [24 hours], except for environmental crimes.
7. Penalties for discharging wastewater with the pH value of 4 to under the permissible lower limit prescribed in the technical regulation or from the permissible upper limit prescribed in the technical regulation to under 10.5:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
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g] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
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r] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
8. Penalties for discharging wastewater in excess of the permissible limit prescribed in the technical regulation on waste with the pH value of 02 to under 04 or of 10.5 to under 12.5:
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b] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
e] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 60 m3/day [24 hours] to less than 80 m3/day [24 hours];
g] A fine ranging from VND 140,000,000 to VND 150,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
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m] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
q] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 1,600 m3/day [24 hours] to less than 1,800 m3/day [24 hours];
r] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
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v] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
9. Penalties for discharging wastewater in excess of the permissible limit prescribed in the technical regulation on waste with the pH value of 0 to under 2 or of 12.5 to 14, except for environmental crimes:
a] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for discharging wastewater at a rate of less than 05 m3/day [24 hours];
b] A fine ranging from VND 100,000,000 to VND 110,000,000 shall be imposed for discharging wastewater at a rate of 05 m3/day [24 hours] to less than 10 m3/day [24 hours];
c] A fine ranging from VND 110,000,000 to VND 120,000,000 shall be imposed for discharging wastewater at a rate of 10 m3/day [24 hours] to less than 20 m3/day [24 hours];
d] A fine ranging from VND 120,000,000 to VND 130,000,000 shall be imposed for discharging wastewater at a rate of 20 m3/day [24 hours] to less than 40 m3/day [24 hours];
dd] A fine ranging from VND 130,000,000 to VND 140,000,000 shall be imposed for discharging wastewater at a rate of 40 m3/day [24 hours] to less than 60 m3/day [24 hours];
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g] A fine ranging from VND 150,000,000 to VND 160,000,000 shall be imposed for discharging wastewater at a rate of 80 m3/day [24 hours] to less than 100 m3/day [24 hours];
h] A fine ranging from VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater at a rate of 100 m3/day [24 hours] to less than 200 m3/day [24 hours];
i] A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for discharging wastewater at a rate of 200 m3/day [24 hours] to less than 400 m3/day [24 hours];
k] A fine ranging from VND 200,000,000 to VND 220,000,000 shall be imposed for discharging wastewater at a rate of 400 m3/day [24 hours] to less than 600 m3/day [24 hours];
l] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for discharging wastewater at a rate of 600 m3/day [24 hours] to less than 800 m3/day [24 hours];
m] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging wastewater at a rate of 800 m3/day [24 hours] to less than 1,000 m3/day [24 hours];
n] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging wastewater at a rate of 1,000 m3/day [24 hours] to less than 1,200 m3/day [24 hours];
o] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging wastewater at a rate of 1,200 m3/day [24 hours] to less than 1,400 m3/day [24 hours];
p] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging wastewater at a rate of 1,400 m3/day [24 hours] to less than 1,600 m3/day [24 hours];
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r] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging wastewater at a rate of 1,800 m3/day [24 hours] to less than 2,000 m3/day [24 hours];
s] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging wastewater at a rate of 2,000 m3/day [24 hours] to less than 2,500 m3/day [24 hours];
t] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging wastewater at a rate of 2,500 m3/day [24 hours] to less than 3,000 m3/day [24 hours];
u] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging wastewater at a rate of 3,000 m3/day [24 hours] to less than 3,500 m3/day [24 hours];
uu] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging wastewater at a rate of 3,500 m3/day [24 hours] to less than 4,000 m3/day [24 hours];
v] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed for discharging wastewater at a rate of 4,000 m3/day [24 hours] to less than 4,500 m3/day [24 hours];
x] A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed for discharging wastewater at a rate of 4,500 m3/day [24 hours] to less than 5,000 m3/day [24 hours];
y] A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for discharging wastewater at a rate of 5,000 m3 or more/day [24 hours].
10. A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for discharging wastewater containing radioactive substances causing environmental radioactive contamination in excess of the permissible limit prescribed in the technical regulation, except for environmental crimes.
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12. Additional penalties:
a] Suspending operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in points h, i, k, l, m, n, o, p, q, r, s and t clause 4, 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] Suspending the environmental license of the environmental license holder for 06 - 12 months in case of commission of the offences specified in 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;
c] Suspending the environmental license of the establishment other than that specified in point b of this clause for 06 - 12 months in case of commission of the offences specified in 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.
13. Remedial measures:
a] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article.
Article 20. Offences against regulations on discharge of dust and emission containing conventional environmental parameters into environment
1. The following penalties shall be imposed if foul-smelling substances are discharged into the environment; if the total dust emission rate or total emission discharge rate is under 1.1 times higher than permissible limit prescribed in technical regulation on waste [in excess of the permissible limit prescribed in technical regulation by less than 10%]:
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b] A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for discharging foul-smelling substances into the environment if the offence is repeated or committed multiple times.
2. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.1 times to under 1.5 times higher than permissible limit prescribed in technical regulation on waste or is under 1.1 times higher than permissible limit prescribed in technical regulation on waste if the offence is repeated or committed multiple times:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
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i] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
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t] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
t] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
3. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.5 times to under 02 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
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e] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
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q] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
4. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 02 times to under 03 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
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c] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
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n] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
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5. The following penalties shall be imposed if the total volume of wastewater discharged is at least 03 times higher than permissible limit prescribed in technical regulation on waste, except for environmental crimes:
a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
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k] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
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u] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
6. Fines shall be 10% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.1 to under 1.5 times higher than the permissible limit prescribed in the technical regulation; 20% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.5 to under 02 times higher than the permissible limit prescribed in the technical regulation; 30% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 02 to under 03 times higher than the permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is at least 03 times higher than the permissible limit prescribed in the technical regulation. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
7. Additional penalties:
a] Suspending operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in points i, k, l, m, n, o, p, q, r and s clause 2, points h, i, k, l, m, n, o, p, q and r clause 3, and points g, h, i, k, l, m, n, o, p and q clause 4 and points e, g, h, i, k, l, m, n, o and p clause 5 of this Article;
b] Suspending the environmental license of the environmental license holder for 06 - 12 months in case of commission of the offences specified in points t, u, uu and v clause 2, points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and points q, r, s, t, u, uu and v clause 5 of this Article;
c] Suspending the environmental license of the establishment other than that specified in point b of this clause for 06 - 12 months in case of commission of the offences specified in points t, u, uu and v clause 2, points s, t, u, uu and v clause 3, points r, s, t, u, uu and v clause 4 and points q, r, s, t, u, uu and v clause 5 of this Article.
8. Remedial measures:
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b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article.
Article 21. Offences against regulations on discharge of dust and emission containing hazardous environmental parameters into environment
1. A warning shall be issued if chemicals or organic solvent vapors are discharged in the production zone or residential zone causing a typical smell of such chemicals or organic solvent vapors; if the total dust emission rate or total emission discharge rate is under 1.1 times higher than permissible limit prescribed in technical regulation on waste [in excess of the permissible limit prescribed in technical regulation by less than 10%].
2. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.1 times to under 1.5 times higher than permissible limit prescribed in technical regulation on waste or is under 1.1 times higher than permissible limit prescribed in technical regulation on waste if the offence is repeated or committed multiple times:
a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
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g] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 450,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
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r] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
3. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is 1.5 times to under 02 times higher than permissible limit prescribed in technical regulation on waste:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
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d] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
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o] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 100,000 m3/hour.
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a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
g] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 25,000 m3/hour to less than 30,000 m3/hour;
h] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
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l] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
r] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 75,000 m3/hour to less than 80,000 m3/hour;
s] A fine ranging from VND 700,000,000 to VND 750,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
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uu] A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
5. The following penalties shall be imposed if the total dust emission rate or total emission discharge rate is at least 03 times higher than permissible limit prescribed in technical regulation on waste, except for environmental crimes:
a] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging emission at a rate of less than 500 m3/hour;
b] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for discharging emission at a rate of 500 m3/hour to less than 5,000 m3/hour;
c] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for discharging emission at a rate of 5,000 m3/hour to less than 10,000 m3/hour;
d] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for discharging emission at a rate of 10,000 m3/hour to less than 15,000 m3/hour;
dd] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for discharging emission at a rate of 15,000 m3/hour to less than 20,000 m3/hour;
e] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging emission at a rate of 20,000 m3/hour to less than 25,000 m3/hour;
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h] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging emission at a rate of 30,000 m3/hour to less than 35,000 m3/hour;
i] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for discharging emission at a rate of 35,000 m3/hour to less than 40,000 m3/hour;
k] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for discharging emission at a rate of 40,000 m3/hour to less than 45,000 m3/hour;
l] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for discharging emission at a rate of 45,000 m3/hour to less than 50,000 m3/hour;
m] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for discharging emission at a rate of 50,000 m3/hour to less than 55,000 m3/hour;
n] A fine ranging from VND 500,000,000 to VND 550,000,000 shall be imposed for discharging emission at a rate of 55,000 m3/hour to less than 60,000 m3/hour;
o] A fine ranging from VND 550,000,000 to VND 600,000,000 shall be imposed for discharging emission at a rate of 60,000 m3/hour to less than 65,000 m3/hour;
p] A fine ranging from VND 600,000,000 to VND 650,000,000 shall be imposed for discharging emission at a rate of 65,000 m3/hour to less than 70,000 m3/hour;
q] A fine ranging from VND 650,000,000 to VND 700,000,000 shall be imposed for discharging emission at a rate of 70,000 m3/hour to less than 75,000 m3/hour;
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s] A fine ranging from VND 750,000,000 to VND 800,000,000 shall be imposed for discharging emission at a rate of 80,000 m3/hour to less than 85,000 m3/hour;
t] A fine ranging from VND 800,000,000 to VND 850,000,000 shall be imposed for discharging emission at a rate of 85,000 m3/hour to less than 90,000 m3/hour;
u] A fine ranging from VND 850,000,000 to VND 900,000,000 shall be imposed for discharging emission at a rate of 90,000 m3/hour to less than 95,000 m3/hour;
uu] A fine ranging from VND 900,000,000 to VND 950,000,000 shall be imposed for discharging emission at a rate of 95,000 m3/hour to less than 100,000 m3/hour;
v] A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for discharging emission at a rate of 100,000 m3 or more/hour.
6. A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for discharging dust or emission containing radioactive substances causing environmental radioactive contamination in excess of the permissible limit prescribed in the technical regulation, except for environmental crimes.
7. Fines shall be 10% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.1 to under 1.5 times higher than the permissible limit prescribed in the technical regulation; 20% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 1.5 to under 02 times higher than the permissible limit prescribed in the technical regulation; 30% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is 02 to under 03 times higher than the permissible limit prescribed in the technical regulation; 40% more than the selected highest fine for offences prescribed in this Article if each environmental parameter is at least 03 times higher than the permissible limit prescribed in the technical regulation. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
8. Additional penalties:
a] Suspending operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in points h, i, k, l, m, n, o, p, q and r clause 2, points g, h, i, k, l, m, n, o, p and q clause 3, and points e, g, h, i, k, l, m, n, o and p clause 4 and points dd, e, g, h, i, k, l, m, n and o clause 5 of this Article;
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c] Suspending the environmental license of the establishment other than that specified in point b of this clause for 06 - 12 months in case of commission of the offences specified in points s, t, u, uu and v clause 2, points r, s, t, u, uu and v clause 3, points q, r, s, t, u, uu and v clause 4 and points p, q, r, s, t, u, uu and v clauses 5 and 6 of this Article.
9. Remedial measures:
a] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article.
Article 22. Offences against regulations on noise
1. A warning shall be issued if the noise is less than 02 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
2. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the noise is 02 dBA to under 05 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
3. A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the noise is 05 dBA to under 10 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the noise is 10 dBA to under 15 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
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6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the noise is 20 dBA to under 25 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the noise is 25 dBA to under 30 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
8. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the noise is 30 dBA to under 35 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
9. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the noise is 35 dBA to under 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
10. A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the noise is at least 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.
11. Additional penalties:
a] Suspending the business establishment’s activities causing noise pollution for 03 - 06 months in case of commission of the offences specified in clauses 4, 5, 6 and 7 of this Article;
b] Suspending the business establishment’s operation for 06 - 12 months in case of commission of the offences specified in clauses 8, 9 and 10 of this Article.
12. Remedial measures:
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b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for generating noise in excess of the permissible exposure level of noise prescribed in the environmental technical regulation or causing noise pollution according to current norms and prices in case of commission of the offences prescribed in this Article.
Article 23. Offences against regulations on vibration
1. Penalties for offences against regulations on construction vibration are as follows:
a] A warning shall be issued if the vibration is less than 02 dB higher than the permissible level prescribed in the technical regulation on vibration;
b] A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the vibration is 02 dB to under 05 dB higher than the permissible level prescribed in the technical regulation on vibration;
c] A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the vibration is 05 dB to under 10 dB higher than the permissible level prescribed in the technical regulation on vibration;
d] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the vibration is 10 dB to under 15 dB higher than the permissible level prescribed in the technical regulation on vibration;
dd] A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if the vibration is 15 dB to under 20 dB higher than the permissible level prescribed in the technical regulation on vibration;
e] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the noise is 20 dB to under 25 dB higher than the permissible level prescribed in the technical regulation on vibration;
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h] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the noise is 30 dB to under 35 dB higher than the permissible level prescribed in the technical regulation on vibration;
i] A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the noise is 35 dB to under 40 dB higher than the permissible level prescribed in the technical regulation on vibration;
k] A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the noise is at least 40 dB higher than the permissible level prescribed in the technical regulation on vibration.
2. Penalties for offences against regulations on vibration during production, commercial activities and service provision are as follows:
a] A warning shall be issued if the vibration is less than 02 dB higher than the permissible level prescribed in the technical regulation on vibration;
b] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the vibration is 02 dB to under 05 dB higher than the permissible level prescribed in the technical regulation on vibration;
c] A fine ranging from VND 5,000,000 to VND 30,000,000 shall be imposed if the vibration is 05 dB to under 10 dB higher than the permissible level prescribed in the technical regulation on vibration;
d] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the vibration is 10 dB to under 15 dB higher than the permissible level prescribed in the technical regulation on vibration;
dd] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the vibration is 15 dB to under 20 dB higher than the permissible level prescribed in the technical regulation on vibration;
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g] A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed if the noise is 25 dB to under 30 dB higher than the permissible level prescribed in the technical regulation on vibration;
h] A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed if the noise is 30 dB to under 35 dB higher than the permissible level prescribed in the technical regulation on vibration;
i] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed if the noise is 35 dB to under 40 dB higher than the permissible level prescribed in the technical regulation on vibration;
k] A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed if the noise is at least 40 dB higher than the permissible level prescribed in the technical regulation on vibration.
3. Additional penalties:
a] Suspending the business establishment’s vibration-causing activities for 03- 06 months in case of commission of the offences specified in points d, dd, e and g clause 1 and points d, dd, e and g clause 2 of this Article;
b] Suspending the business establishment’s activities for 06 - 12 months in case of commission of the offences specified in points h, i and k clause 1 and points h, i and k clause 2 of this Article.
4. Remedial measures:
a] Mandatory application of measures to reduce vibration in accordance with technical regulations within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in this Article;
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Article 24. Acts of causing soil, water and/or air pollution; causing long-lasting environmental pollution
1. A fine ranging from VND 40,000,000 to VND 50,000,000 imposed for leakage or discharge of toxic chemicals into soil or water in contravention of the regulations on environmental protection.
2. Penalties for discharging pathogenic sources into the environment shall be imposed under regulations of law on imposition of penalties for administrative offences in medical sector.
3. Penalties for acts of causing soil or water pollution [including either groundwater or surface water inside or outside a business establishment] or the air pollution at a level in excess of the permissible limit prescribed in the technical regulation on soil, water or ambient air:
a] A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed if the content of soil, water or air pollutant [environmental parameter] is under 03 times [if it is a hazardous environmental parameter] or under 05 times [if it is a conventional environmental parameter] higher than the permissible limit prescribed in relevant technical regulation;
b] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the content of soil, water or air pollutant [environmental parameter] is 03 times to under 05 times [if it is a hazardous environmental parameter] or 05 times to under 10 times [if it is a conventional environmental parameter] higher than the permissible limit prescribed in relevant technical regulation;
c] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed if the content of soil, water or air pollutant [environmental parameter] is at least 05 times [if it is a hazardous environmental parameter] or at least 10 times [if it is a conventional environmental parameter] higher than the permissible limit prescribed in relevant technical regulation.
4. Fines shall be 20% to 30% more than the fine for the offences prescribed in Articles 18, 19, 20 and 21; clause 4 Article 25, point d clause 5 and clause 8 Article 26; point a clause 6, clause 7, point b clause 8 Article 29; clause 7, point b clause 8 Article 30; clause 7, point b clause 8 Article 31; clauses 4 and 5 Article 36 or the offences committed in the ecological restoration sub-zones or strictly protected zones of sanctuaries in which the content of soil, water or air pollutant is under 03 times [if it is a hazardous environmental parameter] or less than 05 times [if it is a conventional environmental parameter] higher than the permissible limit prescribed in technical regulation soil, water or ambient air. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
5. Fines shall be 30% to 40% more than the fine for the offences prescribed in Articles 18, 19, 20 and 21; clause 4 Article 25, point d clause 5 and clause 8 Article 26; point a clause 6, clause 7, point b clause 8 Article 29; clause 7, point b clause 8 Article 30; clause 7, point b clause 8 Article 31; clauses 4 and 5 Article 36 or the offences committed in the ecological restoration sub-zones or strictly protected zones of sanctuaries in which the content of soil, water or air pollutant is 03 times to under 05 times [if it is a hazardous environmental parameter] or 05 times to under 10 times [if it is a conventional environmental parameter] higher than the permissible limit prescribed in technical regulation soil, water or ambient air. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
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7. A fine ranging from VND 130,000,000 to VND 150,000,000 imposed for causing environmental pollution in cases where an offence is committed multiple times or for repeating any of the following offences for which an administrative penalty has been imposed while the consequences of the offence fails to be rectified within time limit for rectification:
a] The total wastewater discharge rate is at least 03 times [in case of a conventional environmental parameter] or at least 02 times [in case of a hazardous environmental parameter] higher than permissible limit prescribed in technical regulation on waste;
b] The total wastewater discharge rate is at least 02 times [in case of a conventional environmental parameter] or at least 1.5 times [in case of a hazardous environmental parameter] higher than permissible limit prescribed in technical regulation on waste;
c] Noise generated is at least 10 dBA or vibration generated is at least 20 dBA higher than the permissible level prescribed in the technical regulation on vibration.
8. Additional penalties:
a] Suspending the environmental license of the environmental license holder for 03 - 06 months in case of commission of the offences specified in point a clause 3 and clause 4 of this Article;
b] Suspending the environmental license of the establishment other than that specified in point a of this clause for 03 - 06 months in case of commission of the offences specified in point a clause 3 and clause 4 of this Article;
c] Suspending the environmental license of the environmental license holder for 06 - 09 months in case of commission of the offences specified in points b and c clause 3, clause 5 and clause 7 of this Article;
d] Suspending the environmental license of the establishment other than that specified in point c of this clause for 06 - 09 months in case of commission of the offences specified in points b and c clause 3, clause 5 and clause 7 of this Article;
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a] Mandatory restoration to original state of environment or mandatory environmental remediation in accordance with regulations, mandatory application of remedial measures against environmental pollution within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article.
Article 25. Offences against regulations on environmental protection in public areas, urban areas and residential areas; transport of raw materials, materials and goods causing environmental pollution
1. A warning shall be imposed for failure to post regulations on environmental hygiene in public areas.
2. Penalties for collecting or discharging waste in contravention of regulations on environmental protection are as follows:
a] A fine ranging from VND 100,000 to VND 150,000 shall be imposed for throwing, littering or discarding cigarette butts, leftovers and ashes at undesignated locations in apartment buildings, commercial, service or public areas;
b] A fine ranging from VND 150,000 to VND 250,000 shall be imposed for addressing personal sanitation needs [e.g. urination, defecation] at undesignated locations in apartment buildings, commercial, service or public areas;
c] A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for throwing or littering waste or pouring wastewater at undesignated locations in apartment buildings, commercial, service or public areas, except for the offence mentioned in point d of this clause;
d] A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for throwing or littering domestic waste on sidewalks, pavements or municipal sewerage systems or surface water drainage systems; for pouring wastewater at undesignated locations on road sidewalks or pavements; discharging domestic plastic waste into ponds, lakes, channels, rivers, streams or sea.
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4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to use specialized equipment or means of transport to ensure that raw materials or materials cannot leak into the environment during the transportation.
5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences against regulations on management of parks, recreational areas, festivals, tourism areas, markets, train stations, bus stations, wharves, ports, ferries and other public areas:
a] Failure to have sufficient public conveniences, facilities and equipment for collecting waste in order to meet demand on keeping environmental hygiene as regulated;
b] Failure to collect waste within the scope of management as prescribed;
c] Failure to assign personnel to collect waste or clean the environment in places under their management; failure to have personnel or teams in charge of environmental protection for supervision and inspection purposes;
6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed upon an investor in construction of an urban area or high density residential area for any of the following offences against environmental protection:
a] Failure to separate rainwater drainage network from wastewater drainage network; failure to have public conveniences satisfying environmental protection requirements;
b] Failure to have a synchronous system for collecting and treating wastewater in accordance with the approved planning;
c] Failure to make equipment, facilities or locations available for classifying at source, collecting or storing domestic waste in conformity with the quantity and type of waste generated from households or individuals in the high density residential area;
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7. Remedial measures:
a] Mandatory restoration to original condition; in case of causing environmental pollution, mandatory application of remedial measures against environmental pollution caused by the administrative offences specified in points c and d clause 2, clause 3 and clause 4 of this Article;
b] Mandatory construction or installation of an environmental protection work within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points a, b and c clause 6 of this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clauses 5 and 6 of this Article.
Article 26. Offences against regulations on classification, collection, transport, burial, dumping, burning and treatment of normal solid waste
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a household or individual that fails to classify domestic solid waste in accordance with regulations; fails to use packaging that contains domestic solid waste as prescribed.
2. Penalties for offences committed by an authority, organization or owner of a business establishment that generates normal industrial solid waste are as follows:
a] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste subject to mandatory treatment for each transfer as prescribed;
b] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to classify normal industrial solid waste at source as prescribed; having equipment or instrument for containing normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; have a warehouse or area for storage of normal industrial solid waste which fails to satisfy technical requirements for environment protection as prescribed; failure to sign a contract with a unit licensed to collect, transport or treat normal industrial solid waste as prescribed;
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d] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for self-recycling, treating, co-processing or recovering energy from normal industrial solid waste without satisfying environmental protection requirements as prescribed.
3. Penalties for offences committed by an authority, organization, business establishment or investor in construction and commercial operation of a dedicated area for production, business and service provision or industrial cluster that generates at least 300 kg of domestic solid waste per day, except for the cases specified in clauses 1 and 2 of this Article are as follows:
a] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to sign a contract with the unit licensed to collect, transport, re-use, recycle or treat waste as prescribed;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using means of transport used for carrying domestic solid waste that fails to satisfy technical requirements for environmental protection as prescribed.
4. Penalties for offences against regulations on collection or transport of normal industrial solid waste are as follows:
a] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make a record on transfer of normal industrial solid waste for each transfer or a series of transfer regarding a group of normal industrial solid waste as prescribed;
b] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract for collection and transport of group of normal industrial solid waste subject to mandatory treatment with the waste generator as prescribed;
c] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to use means of transport, equipment for storage, transfer stations or area for temporary storage of normal industrial solid waste in accordance with technical requirements for environmental protection requirements as prescribed; failure to transport normal industrial solid waste after classification as prescribed; having means of transport used for carrying normal industrial solid waste which fails to be equipped with a tracking device as prescribed; collecting or transporting normal industrial solid waste without following the route or timing regulations prescribed by the provincial People’s Committee.
5. Penalties for offences against regulations on collection, transport or treatment of domestic solid waste are as follows:
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b] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to transport solid domestic waste to the prescribed aggregation point, transfer station or location or treatment facility as prescribed; transporting solid domestic waste without following the routes or timing regulations prescribed by the provincial People’s Committee; failure to cooperate with the communal People's Committee, residential community or representative of residential community in determining time, location, frequency and route for domestic solid waste collection; failure to notify the provincial specialized environmental protection authority of date of closure of domestic solid waste landfill for supervision as prescribed; failure to notify the authority approving EIAR appraisal result of the actual condition of the domestic solid waste landfill as prescribed within 6 months from the date of closure of the domestic solid waste landfill as prescribed;
c] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide adequate personnel, specialized vehicles and equipment for collecting and transporting all domestic solid waste at designated places; using means of transport used for carrying domestic solid waste that is not equipped with a tracking device or fails to provide transport information or data to the local competent authority;
d] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using vehicles and equipment that fails to satisfy technical requirements for environmental protection as prescribed; dropping domestic solid waste, causing dust, odor or water leakage adversely affecting the environment during the collection and transport; failure to clean or deodorize means of transport used for carrying domestic solid waste before leaving the transfer station or treatment facility and after completing the collection and transportation of domestic solid waste;
dd] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to provide equipment or vehicles for collection and transport used for carrying domestic solid waste as prescribed; failure to provide vehicles or equipment for collection and storage of leachate at transfer stations as prescribed; upon a domestic solid waste transfer station that fails to satisfy one of the technical requirements for environmental protection as prescribed; upon a domestic solid waste aggregation point that fails to have any waste storage equipment as prescribed or fails to carry out cleaning or deodorization or have lights as prescribed;
e] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have any safety sign/instruction at the domestic solid waste landfill after its closure; failure to compile dossiers and transfer premises to the competent authority after finishing pollution remediation and environmental improvement of the domestic solid waste landfill as prescribed; failure to re-make the topographical map of the domestic solid waste landfill as prescribed;
g] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to improve landscape, take measures to prevent pollution immediately after closure of the domestic solid waste landfill; failure to carry out monitoring or monitor environmental changes at the domestic solid waste landfill from the date on which the landfill closure is done and notify the provincial specialized environmental protection authority as prescribed;
6. Penalties for offences committed by an investment project owner, owner, urban area management board, apartment building or office building are as follows:
a] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure provide any equipment, vehicle or space for classifying at source, collecting an storing domestic waste as prescribed;
b] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for failure to collect waste from households and individuals as prescribed; failure to create an appropriate domestic solid waste aggregation point within the investment project as prescribed.
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a] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to submit a periodic or ad hoc report on current generation and treatment of normal industrial solid waste at the competent authority’s request; failure to make a record on transfer of normal industrial solid waste subject to mandatory treatment for each transfer; failure to prepare a logbook recording operation of treatment system, vehicle and equipment, including preliminary processing, re-use, recycling, co-processing of and recovery of energy from normal industrial solid waste as prescribed; failure to make a log of quantity of products recycled or recovered from normal industrial solid waste as prescribed;
b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to have any vehicle, equipment or tool for storage of normal industrial solid waste that satisfies technical requirements as prescribed;
c] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for treating normal industrial solid waste at an unauthorized location, in excess of the permissible capacity or in a manner that is not suitable for the installed waste treatment system and equipment; having an indoor or outdoor normal industrial solid waste warehouse or storage area that fails to satisfy technical requirements for environmental protection as prescribed;
d] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for failure to have a normal industrial solid waste warehouse as prescribed.
8. Penalties for transferring, giving or selling normal solid waste to units which have no functions or capabilities of waste treatment as regulated; burying, dumping, discharging and burning of normal solid waste in contravention of regulations on environmental protection, except for environmental crimes; receiving normal solid waste but failing to implement any treatment method or failing to transfer it to units having the functions of waste treatment as regulated are as follows:
a] A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning less than 1,000 kg of normal solid waste;
b] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 1,000 kg to less than 2,000 kg of normal solid waste;
c] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 2,000 kg to less than 3,000 kg of normal solid waste;
d] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 3,000 kg to less than 4,000 kg of normal solid waste;
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e] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 5,000 kg to less than 10,000 kg of normal solid waste;
g] A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 10,000 kg to less than 20,000 kg of normal solid waste;
h] A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 20,000 kg to less than 30,000 kg of normal solid waste;
i] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 30,000 kg to less than 40,000 kg of normal solid waste;
k] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 40,000 kg to less than 60,000 kg of normal solid waste;
l] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 60,000 kg to less than 80,000 kg of normal solid waste, except for environmental crimes;
m] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning 80,000 kg to less than 100,000 kg of normal solid waste, except for environmental crimes;
n] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, receiving, burying, dumping, discharging or burning at least 100,000 kg of normal solid waste.
9. Fines shall be 40% to 50% more than the corresponding fine for the offences prescribed in clause 8 of this Article if such offences result in environmental pollution or the normal solid waste containing hazardous environmental parameters in excess of the permissible limits prescribed technical regulations on surrounding environment. Total fine imposed for each act of offence must not exceed VND 1,000,000,000.
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11. If an authority, organization, business establishment, investor in construction and commercial operation of a dedicated area for production, business and service provision or industrial cluster generates less than 300 kg of domestic solid waste per day and chooses the household- or individual-based domestic solid waste management method, penalties for the offences imposed as prescribed in clause 1 of this Article are the same as those imposed on an organization.
12. Additional penalties:
a] Suspending operation of the domestic solid waste treatment facility for 01 - 03 months in case of commission of the offences specified in point c clause 7, points l, m and n clause 8 and clause 9 of this Article;
b] Suspending operation of the domestic solid waste treatment facility for 03 - 06 months in case of commission of the offences specified in clause 10 of this Article;
c] Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in points e, g, h, i, k, l, m and n clause 8, clause 9 and clause 10 of this Article.
13. Remedial measures:
a] Mandatory restoration to original state of environment or mandatory transfer of normal solid waste to the units having treatment functions in case of commission of the offences specified in clause 8 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in clauses 9 and 10 of this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clauses 8, 9 and 10 of this Article.
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1. Penalties for introducing waste into Vietnam’s territory against the law are as follows:
a] A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for introducing less than 1,000 kg of normal solid waste into Vietnam’s territory;
b] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for introducing 1,000 kg to less than 2,000 kg of normal solid waste into Vietnam’s territory;
c] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for introducing 2,000 kg to less than 3,000 kg of normal solid waste into Vietnam’s territory;
d] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for introducing 3,000 kg to less than 4,000 kg of normal solid waste into Vietnam’s territory;
dd] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for introducing 4,000 kg to less than 5,000 kg of normal solid waste into Vietnam’s territory;
e] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for introducing 5,000 kg to less than 10,000 kg of normal solid waste into Vietnam’s territory;
g] A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for introducing 10,000 kg to less than 20,000 kg of normal solid waste into Vietnam’s territory;
h] A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed for introducing 20,000 kg to less than 30,000 kg of normal solid waste into Vietnam’s territory;
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k] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for introducing 40,000 kg to less than 60,000 kg of normal solid waste into Vietnam’s territory;
l] A fine ranging from VND 100,000,000 to VND 15,000,000 shall be imposed for introducing 60,000 kg to less than 70,000 kg of normal solid waste into Vietnam’s territory.
2. Penalties for introducing hazardous waste into Vietnam’s territory against the law are as follows:
a] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for introducing into Vietnam less than 50 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains persistent organic pollutants [POPs] in Annex A to the Stockholm Convention on POPs or less than 100 kg of other hazardous waste;
b] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for introducing into Vietnam 50 kg to less than 125 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 100 kg to less than 250 kg of other hazardous waste;
c] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for introducing into Vietnam 125 kg to less than 250 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 250 kg to less than 500 kg of other hazardous waste;
d] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for introducing into Vietnam 250 kg to less than 400 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 500 kg to less than 1,000 kg of other hazardous waste;
dd] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for introducing into Vietnam 400 kg to less than 650 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 1,000 kg to less than 1,500 kg of other hazardous waste;
e] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for introducing into Vietnam 650 kg to less than 800 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 1,500 kg to less than 2,000 kg of other hazardous waste;
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h] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for introducing into Vietnam 900 kg to less than 1,000 kg of hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs or 2,500 kg to less than 3,000 kg of other hazardous waste.
3. Remedial measures:
Mandatory re-export or mandatory destruction required if the re-export is impossible in case of commission of the offences specified in this Article.
Article 28. Offences against regulations on environmental protection during management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment containing persistent pollutants
1. Penalties for the offences against regulations on environmental protection during management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment containing persistent pollutants are as follows:
a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to send the Ministry of Natural Resources and Environment a notification of result of assessment of conformity of raw materials, fuels, materials, products, goods and equipment containing persistent pollutants after being granted customs clearance and circulated on the market; failure to send the Ministry of Natural Resources and Environment a notification of weight and names of POPs [POPs] before import of each shipment as prescribed;
b] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to label and declare information or incorrectly labeling or declaring information about raw materials, fuels, materials, products, goods and equipment containing persistent pollutants as prescribed;
c] A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for failure to take measures for collection, storage and safe management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment imported, produced and used containing persistent pollutants as prescribed;
d] A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for failure to take measures for collection, storage and safe management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment containing persistent pollutants in excess of the permissible limits as prescribed;
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e] A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for importing, producing and using POPs and raw materials, fuels, materials, products, goods and equipment containing POPs in Annex A to the Stockholm Convention on POPs whose content exceeds the permissible limits as prescribed by law; importing, producing and using POPs without registering specific exemptions as prescribed, except for the case specified in clause 4 Article 35 of this Decree.
2. A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for performing one of the following acts: burying, dumping or discharging into the environment or burning POPs in Annex A to the Stockholm Convention on POPs against the law.
3. Additional penalties:
Suspending the operation of the business establishment for 03 - 06 months in case of commission of the offences specified in points dd and e clause 1 and clause 2 of this Article.
4. Remedial measures:
a] Mandatory restoration to original state of environment in case of commission of the offence specified in clause 2 of this Article;
b] Mandatory re-export or mandatory destruction required if the re-export is impossible and mandatory submission of reports on result of completed remediation of consequences of offences in case of commission of the offences specified in points dd and e clause 1 of this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in points dd and e clause 1 and clause 2 of this Article;
d] Mandatory collection, storage and safe management of persistent pollutants, raw materials, fuels, materials, products, goods and equipment imported, produced and used containing persistent pollutants in accordance with regulations and mandatory submission of reports on results of completed remediation of consequences of offences in case of commission of the offences specified in points dd and e clause 1 of this Article.
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1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to notify the competent authority of storage of hazardous waste in more than 01 year from the date on which it is generated if an appropriate waste treatment facility or a feasible transport and treatment plan is unavailable.
2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:
a] Failure to retain and manage used hazardous waste manifests, files, documents and logbooks relating to hazardous waste management as prescribed; failure to provide adequate hazardous waste manifests to the competent authority for management and inspection purposes as prescribed; failure to make a transfer record in case of transferring hazardous medical waste for cluster model-based treatment as prescribed;
b] Failure to notify the competent authority in writing if, 06 months after the hazardous waste transfer date, the two final copies of the hazardous waste manifest from the transferee fails to be received as prescribed;
c] Failure to collect and store hazardous waste as prescribed.
3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following offences:
a] Failure to sign a contract with the unit having an appropriate environmental license before transferring hazardous waste for treatment as prescribed;
b] Transporting hazardous waste generated at a business establishment without a vehicle under registered ownership or with a vehicle or equipment that fails to satisfy technical requirements as prescribed;
c] Failure to transfer hazardous waste to the unit having an appropriate environmental license for collection and treatment as prescribed in case the storage thereof is no longer permitted as prescribed or at the competent authority’s request;
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dd] Failure to package or preserve hazardous waste in appropriate packaging and storage equipment satisfying technical requirements as prescribed or using hazardous waste packaging and storage equipment failing to satisfy technical requirements as prescribed;
e] Failure to provide or providing space for storage of hazardous waste in accordance with technical requirements as prescribed.
4. Penalties for mixing different types of hazardous waste with each other in case they differ in nature and/or treatment method or mixing hazardous waste with other waste are as follows:
a] Penalties for mixing hazardous waste in the form of single discarded product or single equipment with normal solid waste: A warning shall be issued if the offence is committed for the first time and a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the offence is re-committed or committed multiple times;
b] A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for storing 02 to less than 05 types of hazardous waste in the form of single discarded product or single equipment or less than 10% by weight of different types of hazardous waste in packaging or equipment storing other types or groups of hazardous waste which differ in nature and/or treatment method or mixing them with normal solid waste;
c] A fine ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for storing 05 to less than 10 types of hazardous waste in the form of single discarded product or single equipment or 10% to less than 50% by weight of different types of hazardous waste in packaging or equipment storing other types or groups of hazardous waste which differ in nature and/or treatment method or mixing them with normal solid waste;
d] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for storing at least 10 types of hazardous waste in the form of single discarded product or single equipment or at least 50% by weight of different types of hazardous waste in packaging or equipment storing other types or groups of hazardous waste which differ in nature and/or treatment method or mixing them with normal solid waste.
5. Penalties for transferring, giving, selling, purchasing or gifting hazardous waste to an organization or individual that has no function of waste treatment, except for special cases prescribed by regulations of law on management of hazardous waste and environmental crimes are as follows:
a] A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting less than 100 kg of hazardous waste;
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c] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting 600 kg to less than 1,000 kg of hazardous waste;
d] A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting 1,000 kg to less than 2,000 kg of hazardous waste;
dd] A fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting 2,000 kg to less than 3,000 kg of hazardous waste;
e] A fine ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting 3,000 kg to less than 4,000 kg of hazardous waste;
g] A fine ranging from VND 190,000,000 to VND 220,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting 4,000 kg to less than 5,000 kg of hazardous waste;
h] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting at least 5,000 kg of hazardous waste;
i] A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for transferring, giving, selling, purchasing or gifting hazardous waste containing POPs in Annex A to the Stockholm Convention on POPs.
6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following offences, except for environmental crimes:
a] Spilling hazardous waste or causing the spill of hazardous waste into the soil, groundwater or surface water resulting in the environmental pollution;
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c] Exporting hazardous waste without the written approval given or inconsistently with the written approval given by a competent authority.
7. Penalties for burying, dumping, discharging or burning hazardous waste in contravention of regulations on environmental protection, except for environmental crimes are as follows:
a] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for burying, dumping, discharging or burning less than 100 kg of hazardous waste;
b] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping, discharging or burning 250 kg to less than 500 kg of hazardous waste;
d] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous waste;
dd] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping, discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
e] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
g] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
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i] A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000 kg of hazardous waste.
8. Additional penalties:
a] Suspending the operation of the business establishment for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article.
b] Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clause 7 of this Article.
9. Remedial measures:
a] Mandatory restoration to original state of environment in case of commission of the offence specified in point a clause 6 and clause 7 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
d] Mandatory transfer of waste to the unit having treatment function in case of commission of the offences specified in clause 5 of this Article.
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1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:
a] Failure to notify the authority issuing environmental license in case of hiring public means of transport for carriage of hazardous waste as prescribed;
b] Failure to prepare and submit the application for cross-border transport of hazardous waste to the hazardous waste generator and competent authority as prescribed;
c] Failure to retain and send the Ministry of Natural Resources and Environment documents about cross-border transport of hazardous waste certified by the foreign treatment facility;
d] Failure to notify the licensing authority before implementing the plan for collection, transport and treatment of hazardous medical waste approved by the provincial People’s Committee when the waste collection area is not prescribed in the environmental license.
2. A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following offences:
a] Failure to equip the Global Positioning System [GPS] for means of transport used for carrying hazardous waste or having means of transport equipped with GPS but failing to maintain it during the transport of hazardous waste;
b] Failure to provide accounts for access to GPS on means of transport to the Ministry of Natural Resources and Environment for supervision and management purposes as prescribed;
c] Failure to enter into a contract with the hazardous waste generator before collecting and transporting hazardous waste as prescribed.
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a] Collecting or transporting hazardous waste in areas which are not specified in the license for hazardous waste treatment;
b] Establishing cooperation in transport of hazardous waste for treatment purpose between two individuals or two organizations having the environmental license without obtaining written approval from the authority issuing environmental license as prescribed;
c] Incorrectly implementing one of the requirements relating to hazardous waste treatment specified in the environmental license, except for the cases mentioned in point a clause 4, clause 5 and clause 6 of this Article;
d] Using specialized vehicles or equipment for collection, transport, packaging, preservation and temporary storage of hazardous waste which fail to satisfy technical requirements as prescribed;
dd] Providing space for temporary storage of hazardous waste against regulations.
4. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following offences:
a] Collecting or transporting hazardous waste other than that on the list of hazardous waste prescribed in the environmental license;
b] Collecting and transporting hazardous waste in excess of the weight of one of the hazardous waste groups specified in the environmental license;
c] Using means of transport used for carrying hazardous waste without obtaining registration in the environmental license or without entering into a transport rental agreement as prescribed.
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a] A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving less than 100 kg of hazardous waste;
b] A fine ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 100 kg to less than 600 kg of hazardous waste;
c] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 600 kg to less than 1,000 kg of hazardous waste;
d] A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 1,000 kg to less than 2,000 kg of hazardous waste;
dd] A fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 2,000 kg to less than 3,000 kg of hazardous waste;
e] A fine ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 3,000 kg to less than 4,000 kg of hazardous waste;
g] A fine ranging from VND 190,000,000 to VND 220,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 4,000 kg to less than 5,000 kg of hazardous waste;
h] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving at least 5,000 kg of hazardous waste.
6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for transporting hazardous waste without the environmental license, except for: the transport of hazardous waste which is generated from daily-life activities or activities of business and service establishments [excluding production activities] of a household/ individual size and managed and treated in accordance with regulations on recall and treatment of discarded products; the transport of hazardous waste under the plan for collection, transport, storage and transfer of hazardous waste which is given approval by the provincial People’s Committee; the transport of hazardous waste from offshore oil and gas facilities into the land and the cases specified in point c clause 2, point c clause 3, point c clause 4 Article 14 of this Decree.
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a] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for burying, dumping, discharging or burning less than 100 kg of hazardous waste;
b] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping, discharging or burning 250 kg to less than 500 kg of hazardous waste;
d] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous waste;
dd] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping, discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
e] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
g] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
h] A fine ranging from VND 450,000,000 to VND 500,000,000 shall be imposed for burying, dumping, discharging or burning 2,500 kg to less than 3,000 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
i] A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000 kg of hazardous waste.
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a] Suspending the transport of hazardous waste for 03 - 06 months in case of commission of the offences specified in clauses 3, 4 and 5 of this Article;
b] Suspending the transport of hazardous waste by the establishment for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article;
c] Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clauses 6 and 7 of this Article.
9. Remedial measures:
a] Mandatory restoration to original state of environment in case of commission of the offence specified in clause 7 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article;
d] Mandatory transfer of waste to the unit having treatment function in case of commission of the offences specified in clause 5 of this Article.
Article 31. Offences against regulations on environmental protection relating to hazardous waste treatment and implementation of environmental licenses including hazardous waste treatment
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a] Failure to develop the process for safe operation of specialized technology, vehicles and equipment; failure to make an environmental management plan as prescribed; failure to assign personnel in charge of environmental protection as prescribed;
b] Failure to execute the program for treatment and operation supervision and evaluation of hazardous waste treatment efficiency in the issued environmental license including hazardous waste treatment;
c] Failure to provide annual environmental training as prescribed;
d] Failure to retain used hazardous waste manifests, reports on hazardous waste management and other files and documents relating to the hazardous waste management that are required to be retained as prescribed;
dd] Failure to declare and use hazardous waste manifests as prescribed; failure to make online declaration of hazardous waste manifests the competent authorities’ information systems or via email as requested in writing by the competent authorities;
e] Failure to transfer hazardous waste manifests to the competent authorities as prescribed;
g] Failure to retain used hazardous waste manifests, reports on hazardous waste management and other files and documents relating to the hazardous waste management that are required to be retained as prescribed;
h] Failure to publicize or provide information on the type and quantity of collected and treated hazardous waste and treatment methods; information on the name and address of the collected and treated hazardous waste generator and other environmental information that needs to be publicized and provided as prescribed.
2. A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following offences:
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b] Failure to make a hazardous waste delivery book, a log book of operation of hazardous waste treatment systems, vehicles, and equipment; failure to make a logbook to monitor the quantity, quality and outlets of products recycled or recovered from hazardous wastes as prescribed;
c] Implementing the plan for collection, transport and treatment of hazardous medical waste [cluster model] in contravention of regulations of the provincial People's Committee;
d] Using a hazardous waste warehouse that is not specified in the environmental license, except for the case specified in point c clause 3 of this Article;
dd] Failure to send a written notification to the hazardous waste generator if such hazardous waste has to be temporarily stored instead of being treated after 06 months from the date of transfer written on the hazardous waste manifest;
e] Failure to strictly implement the plan for pollution remediation and environmental protection upon the termination of operation;
g] Failure to sign a tripartite contract on cooperation in collection, transport and treatment of hazardous waste or failure to obtain written consent from the hazardous waste generator in cases of receiving hazardous waste for treatment under the cooperation contract.
3. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following offences:
a] Failure to correctly implement the regulations under the contract for hazardous waste treatment;
b] Failure to install instruction chart of procedures for safe operation of systems, vehicles and equipment for treatment of hazardous waste in accordance with regulations;
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d] Failure to apply the environmental management system according to TCVN ISO 14001 or ISO 14001 certified in accordance with regulations.
4. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following offences:
a] Receiving and treating hazardous wastes transported by an individual or organization that does not have the environmental license without the competent authority’s approval, except for the hazardous waste which is generated from daily-life activities or activities of business and service establishments [excluding production activities] of a household/ individual size and managed and treated in accordance with regulations on recall and treatment of expired or discarded products;
b] Failure to obtain a written approval from the competent authority before receiving hazardous waste from other hazardous waste treaters;
c] Failure to correctly implement the regulations laid down in the environmental license, except for the regulations mentioned in points b, c, d and dd clause 5 of this Article.
5. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for any of the following offences:
a] Using specialized vehicles and equipment for treatment of hazardous waste that are not prescribed in the environmental license;
b] Receiving and treating hazardous waste that is not specified in the list of hazardous waste in the environmental license;
c] Treating hazardous waste collected in areas which are not specified in the environmental license;
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dd] Treating hazardous waste without an environmental license as prescribed, except for the cases specified at point c clause 2, point c clause 3, point c clause 4 Article 14 of this Decree;
e] Failure to remediate pollution or improve the environment after the termination of operation as prescribed.
6. Penalties for transferring, giving or selling hazardous waste to an organization or individual having no appropriate environmental license or purchasing or receiving hazardous waste from an organization or individual in case of having no hazardous waste treatment function as prescribed or transferring hazardous waste to a third party in case of having a contract for cooperation in hazardous waste collection, transport and treatment, except for environmental crimes are as follows:
a] A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving less than 100 kg of hazardous waste;
b] A fine ranging from VND 40,000,000 to VND 70,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 100 kg to less than 600 kg of hazardous waste;
c] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 600 kg to less than 1,000 kg of hazardous waste;
d] A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 1,000 kg to less than 2,000 kg of hazardous waste;
dd] A fine ranging from VND 130,000,000 to VND 160,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 2,000 kg to less than 3,000 kg of hazardous waste;
e] A fine ranging from VND 160,000,000 to VND 190,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving 3,000 kg to less than 4,000 kg of hazardous waste;
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h] A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for transferring, giving, selling, purchasing or receiving at least 5,000 kg of hazardous waste.
7. Penalties for burying, dumping, discharging or burning hazardous waste in contravention of regulations on environmental protection, except for environmental crimes are as follows:
a] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for burying, dumping, discharging or burning less than 100 kg of hazardous waste;
b] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for burying, dumping, discharging or burning 100 kg to less than 250 kg of hazardous waste;
c] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for burying, dumping, discharging or burning 250 kg to less than 500 kg of hazardous waste;
d] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for burying, dumping, discharging or burning 500 kg to less than 1,000 kg of hazardous waste;
dd] A fine ranging from VND 300,000,000 to VND 350,000,000 shall be imposed for burying, dumping, discharging or burning 1,000 kg to less than 1,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
e] A fine ranging from VND 350,000,000 to VND 400,000,000 shall be imposed for burying, dumping, discharging or burning 1,500 kg to less than 2,000 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
g] A fine ranging from VND 400,000,000 to VND 450,000,000 shall be imposed for burying, dumping, discharging or burning 2,000 kg to less than 2,500 kg of hazardous waste, except for burying, dumping or discharging into the environment hazardous waste that contains extremely hazardous constituents beyond the limits prescribed by law or contains POPs in Annex A to the Stockholm Convention on POPs as prescribed;
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i] A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for burning at least 3,000 kg of hazardous waste.
8. Additional penalties:
a] Suspending the treatment of hazardous waste by the establishment for 01 - 03 months in case of commission of the offences specified in clauses 3 and 4 of this Article;
b] Suspending the environmental license of the hazardous waste treatment facility holder for 03 - 06 months in case of commission of the offences specified in points a, b, c and d clause 5 and clause 6 of this Article;
c] Suspending the operation of the establishment for 06 - 12 months in case of commission of the offences specified in point dd clause 5 of this Article;
b] Suspending the environmental license of the hazardous waste treatment facility for 06 - 12 months in case of commission of the offences specified in clause 7 of this Article;
dd] Confiscating instruments of the administrative offences prescribed in case of commission of the offences specified in clause 7 of this Article.
9. Remedial measures:
a] Mandatory restoration to original state of environment in case of commission of the offence specified in clause 7 of this Article;
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c] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
d] Mandatory transfer of hazardous waste to the unit having treatment function in case of commission of the offences specified in point dd clause 5 and clause 6 of this Article.
Article 32. Offences against regulations on fulfillment of responsibility for products and packaging recycling by manufacturers and importers
1. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to disclose information or disclosing insufficient information about products or packaging which they manufacture or import in accordance with regulations.
2. Penalties for offences against regulations on registration of recycling plans, declaration of contributions for recycling support, and reports on recycling results are as follows:
a] A fine ranging from VND 150,000,000 to less than VND 250,000,000 shall be imposed for declaring insufficient or inaccurate contents, targets or data in the registration of the recycling plan, declaration of contributions for recycling support or report on recycling result as prescribed if the declaration does not cause the reduction in the responsibility for recycling or causes an increase in the recycling volume result;
b] A fine ranging from VND 250,000,000 to VND 350,000,000,000 shall be imposed for registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result less than 31 days behind schedule;
c] A fine ranging from VND 350,000,000 to VND 450,000,000 shall be imposed for registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result 31 to less than 91 days behind schedule;
d] A fine ranging from VND 450,000,000 to less than VND 550,000,000 shall be imposed for incorrectly registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result, reducing the recycling responsibility by less than 30% or increasing the recycling volume result by less than 30%;
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e] A fine ranging from VND 650,000,000 to less than VND 750,000,000 shall be imposed for incorrectly registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result, reducing the recycling responsibility by 30% to less than 70% or increasing the recycling volume result by 50% to less than 70%;
g] A fine ranging from VND 750,000,000 to less than VND 1,000,000,000 shall be imposed for incorrectly registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result, reducing the recycling responsibility by at least 70% or increasing the recycling volume result by at least 70%;
h] A fine ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure to register the recycling plan or failure to send the declaration of contributions for recycling support or failure to report the recycling result or registering the recycling plan, sending the declaration of contributions for recycling support or reporting the recycling result at least 91 days behind schedule.
3. Penalties for offences against regulations on mandatory recycling rates, mandatory recycling specifications and payment of contributions for recycling support are as follows:
a] A fine ranging from VND 450,000,000 to VND 550,000,000 shall be imposed if the recycling volume result is 70% to less than 100% of the recycling responsibility or 70% to less than 100% of the recycling volume result meeting the mandatory recycling specifications;
b] A fine ranging from VND 550,000,000 to VND 650,000,000 shall be imposed if the recycling volume result is 50% to less than 70% of the recycling responsibility or 50% to less than 70% of the recycling volume result meeting the mandatory recycling specifications;
c] A fine ranging from VND 650,000,000 to VND 750,000,000 shall be imposed if the recycling volume result is 30% to less than 50% of the recycling responsibility or 30% to less than 50% of the recycling volume result meeting the mandatory recycling specifications;
d] A fine ranging from VND 750,000,000 to VND 1,000,000,000 shall be imposed if the recycling volume result is less than 30% of the recycling responsibility or less than 30% of the recycling volume result meeting the mandatory recycling specifications;
4. Penalties for paying contributions for recycling support behind the prescribed schedule are as follows:
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b] A fine ranging from VND 700,000,000 to VND 900,000,000 shall be imposed for paying contributions for recycling support less than 31 days behind schedule or failing to pay contributions for recycling support in full 31 days to less than 91 days behind schedule.
5. A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for failure to fulfill the recycling responsibility or failure to pay contributions for recycling support or payment of contributions for recycling support at least 91 days behind schedule or failure to pay contributions for recycling support in full at least 91 days behind schedule.
6. Penalties for offences against regulations on self-recycling and signature of recycling contracts or recycling authorization contracts are as follows:
a] A fine ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for carrying out self-recycling or signing a recycling contract with a recycling unit that fails to satisfy requirements as prescribed or signing a recycling contract with a manufacturer or an importer that fails to satisfy requirements as prescribed;
b] A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for signing a recycling authorization contract with an intermediary organization that fails to satisfy requirements as prescribed or signing a recycling authorization contract with a manufacturer or an importer that fails to satisfy requirements as prescribed.
7. A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for any of the following offences:
a] Recycling imported scrap to determine the recycling volume result for the manufacturer or importer or to apply for recycling support;
b] Using a recycling volume result to determine the recycling rate for multiple manufacturers or importers;
c] Using the recycling volume result that has been used to determine the recycling rate for the manufacturer or importer to apply for recycling support or the recycling volume result that has received recycling support to determine the recycling rate for the manufacturer or importer;
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8. Remedial measures:
a] Mandatory disclosure of information about products or packaging which they manufacture or import in case of commission of the offence specified in clause 1 of this Article;
b] Mandatory registration of the recycling plan, sending of the declaration of contributions for recycling support and reporting of recycling result in case of commission of the offences specified in points a, d, dd, e, g and h clause 2 of this Article;
c] Mandatory payment of contributions for recycling support in proportion to the unfinished mandatory recycling rate or the contributions for recycling support in proportion to the recycling rate that does not meet the mandatory recycling specifications to the Vietnam Environmental Protection Fund [according to the norm of recycling cost] in case of commission of the offences specified in clause 3 of this Article; mandatory contribution of the late or underpaid contributions for recycling support to the Vietnam Environmental Protection Fund in case of commission of the offences specified in clause 4 of this Article; mandatory contribution of the contributions for recycling support in proportion to the mandatory recycling rate and specifications to the Vietnam Environment Protection Fund [according to the norm of recycling cost] or the late or underpaid contributions for recycling support to the Vietnam Environmental Protection Fund in case of commission of the offences specified in clause 5 of this Article;
d] Mandatory termination of the recycling contract or recycling authorization contract and payment of contributions for recycling support in proportion to the mandatory recycling rate and specifications to the Vietnam Environment Protection Fund [according to the norm of recycling cost] in case of commission of the offences specified in clause 6 of this Article.
Article 33. Offences against regulations on fulfillment of responsibility for waste treatment by manufacturers and importers
1. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to disclose information or disclosing insufficient information about products or packaging which they manufacture or import in accordance with regulations.
2. Penalties for offences against regulations on declaration of contributions for waste treatment support are as follows:
a] A fine ranging from VND 150,000,000 to less than VND 250,000,000 shall be imposed for declaring insufficient or inaccurate contents, targets or data in the declaration of contributions for waste treatment support if the declaration does not cause the reduction in the amount payable;
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c] A fine ranging from VND 350,000,000 to VND 450,000,000 shall be imposed for sending the declaration of contributions for waste treatment support 31 days to less than 91 days behind schedule;
d] A fine ranging from VND 450,000,000 to less than VND 550,000,000 shall be imposed for declaring inaccurate information, reducing the amount payable by less than 30%;
dd] A fine ranging from VND 550,000,000 to less than VND 650,000,000 shall be imposed for declaring inaccurate information, reducing the amount payable by 30% to less than 50%;
e] A fine ranging from VND 650,000,000 to less than VND 750,000,000 shall be imposed for declaring inaccurate information, reducing the amount payable by 50% to less than 70%;
g] A fine ranging from VND 750,000,000 to less than VND 1,000,000,000 shall be imposed for declaring inaccurate information, reducing the amount payable by at least 70%;
h] A fine ranging from VND 850,000,000 to VND 1,000,000,000 shall be imposed for failure to send the declaration of contributions for waste treatment support or sending the declaration of contributions for waste treatment support at least 91 days behind schedule.
3. Penalties for paying contributions for waste treatment support behind prescribed schedule are as follows:
a] A fine ranging from VND 500,000,000 to VND 700,000,000 shall be imposed for paying contributions for waste treatment support less than 31 days behind schedule or failing to pay contributions for waste treatment support in full less than 31 days behind schedule;
b] A fine ranging from VND 700,000,000 to VND 900,000,000 shall be imposed for paying contributions for waste treatment support 31 days to less than 91 days behind schedule or failing to pay contributions for waste treatment support in full 31 days to less than 91 days behind schedule.
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5. Remedial measures:
a] Mandatory disclosure of information about products or packaging which they manufacture or import in case of commission of the offence specified in clause 1 of this Article;
b] Mandatory sending of the declaration of contributions for waste treatment support in accordance with regulations in case of commission of the offence specified in clause 2 of this Article;
c] Mandatory payment of the contributions for waste treatment support in arrears to the Vietnam Environment Protection Fund in case of commission of the offences specified in clauses 3 and 4 of this Article.
Article 34. Offences against regulations on environmental protection during import and breaking of used ships; import of machinery, equipment, vehicles, raw materials, fuels and materials
1. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for importing machinery, equipment, vehicles [except for used ships for breaking], raw materials, fuels or materials that fail to satisfy the environmental technical regulation or in contravention of regulations of law on environmental protection.
2. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for transporting or transiting goods, equipment or vehicles [except for used ships for breaking] which may cause environmental pollution, degradation or emergencies through the territory of the Socialist Republic of Vietnam without the permission from the environment authority.
3. Penalties for importing used ships for breaking or breaking used ships in contravention of regulations on environmental protection, except for environmental crimes are as follows:
a] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for submit periodic reports to the competent environmental protection authority in breaking of used ships in accordance with regulations;
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c] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for failure to collect fuels, oil, bilge water, ballast water, other liquids and flammable or materials; failure to take measures to provide air ventilation and enough oxygen to enclosed spaces on the ship to ensure safe working conditions as prescribed;
d] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to abate and collect asbestos and PCBs in accordance with regulations; failure to provide adequate personnel or adequate personal protective equipment to abate asbestos in accordance with regulations; failure to ensure the safety of asbestos abatement areas in accordance with regulations;
dd] A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for breaking used ships without meeting the conditions regarding facilities and technical infrastructure serving environmental protection;
e] A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for importing used ships for breaking without meeting the conditions as prescribed;
g] A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed for importing incorrect type of used ships for breaking;
h] A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for importing used ships contaminated with radioactive substances, disease-causing germs or other toxins that have not been cleaned or are incapable of being cleaned for breaking; ballast water containing invasive alien species or potentially invasive species as prescribed; failing to recover all C.F.C gas in equipment before importing them into Vietnam;
i] Penalties for offences against normal solid waste and hazardous waste generated from the breaking of used ships shall be imposed in accordance with Articles 26 and 29 of this Decree.
4. Additional penalties:
a] Suspending the import and dismantlement of used ships by the facility for 06 - 09 months in case of commission of the offences specified at points dd, e, g and h clause 3 of this Article;
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5. Remedial measures:
a] Mandatory re-export or mandatory destruction of the used machinery, equipment, vehicles, ships, raw materials, fuels and materials required if the re-export thereof is impossible in case of commission of the offences specified in clause 1, clause 2, points b, dd, e, g and h clause 3 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clause 3 of this Article.
Article 35. Offences against regulations on environmental protection during import of scrap from abroad
1. Penalties for offences committed in case of importing scrap from abroad as raw materials for production are as follows:
a] A fine ranging from VND 100,000,000 to VND 130,000,000 shall be imposed for having an imported scrap warehouse or storage yard that fails to meet the requirements for environmental protection during import of scrap as raw materials for production in accordance with regulations; storing imported scrap in an area other than a warehouse or storage yard that has been granted an environmental license;
b] A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for failure to have any imported scrap warehouse or storage yard that meets the requirements for environmental protection during import of scrap as raw materials for production in accordance with regulations; failure to directly sign a contract with the foreign supplier of scrap imported as raw materials for production;
c] A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for failure to have any technology or equipment for recycling and reuse of scrap as prescribed; failure to treat impurities from scrap or failure to transfer impurities to the unit having the treatment function as prescribed; failure to identify or classify waste generated from the use of imported scrap in order to have an appropriate waste treatment plan in accordance with regulations;
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dd] A fine ranging from VND 200,000,000 to VND 230,000,000 shall be imposed for using imported scrap in contravention of regulations;
e] A fine ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for importing a type of scrap other than that specified in the environmental license as prescribed, except for the cases specified in clause 4 of this Article.
2. Penalties for transferring scrap imported from abroad as raw materials for production to other organizations or individuals in contravention of the environmental license are as follows:
a] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for transferring less than 500 tonnes of iron or steel scrap imported as raw materials for production to other organizations or individuals; transferring less than 100 tonnes of paper scrap imported as raw materials for production to other organizations or individuals; transferring less than 50 tonnes of plastic scrap imported as raw materials for production to other organizations or individuals;
b] A fine ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for transferring 500 tonnes less than 1,000 tonnes of iron or steel scrap imported as raw materials for production to other organizations or individuals; transferring 100 tonnes to 500 tonnes of paper scrap imported as raw materials for production to other organizations or individuals; transferring more than 50 tonnes to 100 tonnes of plastic scrap imported as raw materials for production to other organizations or individuals;
c] A fine ranging from VND 270,000,000 to VND 300,000,000 shall be imposed for transferring more than 1,000 tonnes of iron or steel scrap imported as raw materials for production to other organizations or individuals; transferring more than 500 tonnes of paper scrap imported as raw materials for production to other organizations or individuals; transferring more than 100 tonnes of plastic scrap imported as raw materials for production to other organizations or individuals.
3. A fine ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for failure to pay costs of handling imported scrap in cases where the deposit is not enough to handle imported scrap in violation of the regulations on environmental protection; failure to make an environmental protection deposit during import of scrap in accordance with regulations; import of scrap without an environmental license as prescribed, except for the cases specified in point c clause 2, point c clause 3, and point c clause 4 Article 14 of this Decree.
4. Penalties for importing scrap containing a certain amount of impurities in excess of the permissible limit as specified in the national technical regulation on environment applicable to imported scrap are as follows:
a] A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is less than 200 kg or total amount of impurities which are other types of waste is less than 1,000 kg;
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c] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 300 kg to less than 400 kg or total amount of impurities which are other types of waste is 5,000 kg less than 10,000 kg;
d] A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 400 kg to less than 500 kg or total amount of impurities which are other types of waste is 10,000 kg less than 20,000 kg;
dd] A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 500 kg to less than 600 kg or total amount of impurities which are other types of waste is 20,000 kg less than 30,000 kg;
e] A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 600 kg to less than 700 kg or total amount of impurities which are other types of waste is 30,000 kg less than 40,000 kg;
g] A fine ranging from VND 600,000,000 to VND 700,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 700 kg to less than 800 kg or total amount of impurities which are other types of waste is 40,000 kg less than 50,000 kg;
h] A fine ranging from VND 700,000,000 to VND 800,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 800 kg to less than 900 kg or total amount of impurities which are other types of waste is 50,000 kg less than 60,000 kg;
i] A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if total amount of impurities which are hazardous waste or POPs in Annex A to the Stockholm Convention on POPs is 900 kg to less than 1,000 kg or total amount of impurities which are other types of waste is 60,000 kg less than 70,000 kg;
5. A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for importing scrap containing radioactive substances; importing scrap which is not included in the list of scrap permitted to be imported, except for environmental crimes.
6. Any imported scrap quality assessment organization committing offences against regulations on results of quality assessment and analysis of imported scrap shipments shall incur penalties according to regulations of law on penalties for administrative offences against regulations on standards, measurement and quality of products and goods.
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a] Suspending the import of scrap as raw materials for production for 03 - 06 months in case of commission of the offences specified in points a, b, c and dd clause 1 of this Article;
b] Suspending the import of scrap as raw materials for production for 06 - 09 months in case of commission of the offences specified in clause 2 of this Article;
c] Suspending the import of scrap as raw materials for production for 09 - 12 months in case of commission of the offences specified in clauses 4 and 5 of this Article;
d] Confiscating valuable products after destruction in case of commission of the offences specified in points d, dd and e clause 1, clause 2, clause 3, clause 4 and clause 5 of this Article when applying remedial measures in the form of mandatory destruction of imported scrap.
8. Remedial measures:
a] Mandatory re-export or mandatory destruction required if the re-export is impossible in case of commission of the offences specified in points d, dd and e clause 1, clause 2, clause 3, clause 4 and clause 5 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for import of scrap against the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
c] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clause 1 of this Article.
Article 36. Offences against regulations on marine environmental protection and environmental protection in offshore petroleum activities
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2. A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for any of the following offences:
a] Exploiting marine resources and perform other activities related to the exploitation and use of marine resources in contravention of the approved planning;
b] Failing to treat waste and other polluting elements generated from production, business, service, construction, traffic, transportation and exploitation activities at sea in accordance with environmental technical regulations;
c] Keeping means of transport, warehouses or offshore oil and gas facilities after the handling deadline;
d] Failing to collect, store and treat hazardous waste generated from the exploration and exploitation of marine resources or the dismantlement of means of transport at sea as regulated.
3. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for any of the following offences, except for environmental crimes:
a] Dumping at sea normal waste which is generated from means of transport or offshore drilling platforms without treating it as regulated or waste which is not treated in conformity with the technical regulation on waste;
b] Dumping normal solid waste from the mainland into the sea, except for environmental crimes;
c] Discharging water-based drilling cuttings or water-based drilling fluids or discharging non-aqueous drilling cuttings or non-aqueous drilling fluids generated from offshore petroleum exploration and exploitation activities into territorial waters in contravention of regulations;
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dd] Discharging to the territorial waters floor cleaners, technological equipment and oil tanks that are contaminated with oil and domestic wastewater generated during offshore petroleum exploration and exploitation in contravention of regulations.
4. A fine ranging from VND 250,000,000 to VND 500,000,000 shall be imposed for dumping toxic chemicals and solid waste; wastewater that is not treated in accordance with the technical regulation into the territorial waters of the wildlife sanctuary, natural heritage sites, areas with new ecosystems, regular or seasonal spawning areas of aquatic species, except for environmental crimes.
5. A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for dumping hazardous waste or waste containing radioactive substances into the territorial waters of the Socialist Republic of Vietnam, except for environmental crimes.
6. Additional penalties:
Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified in clauses 3, 4 and 5 of this Article.
7. Remedial measures:
a] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
b] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clause 4 and clause 5 of this Article.
Article 37. Offences against regulations on soil environment protection
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2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for failure to make a plan for remediation and improvement of the soil pollution area as prescribed in case of causing environmental pollution; failure to send the plan for environmental remediation and improvement to the provincial specialized environmental protection authority for inspection and supervision as prescribed.
3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to remediate and improve environment of the soil pollution area as prescribed in case of causing environmental pollution.
4. Remedial measures:
Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article.
Article 38. Offences against regulations on environmental remediation and improvement during mineral mining
1. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to follow the schedule or improperly or incompletely performing one of the work items in the environmental improvement and restoration plan as prescribed.
2. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for failure to make an environmental remediation and improvement plan as prescribed.
3. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failure to carry out environmental remediation and improvement upon the completion of each mining phase according to the approved environmental remediation and improvement plan.
4. Additional penalties:
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Article 39. Offences against regulations on oil spill response
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a] Causing an oil spill or failing to promptly report to the competent authority in charge of receiving oil spill-related information upon the detection of an oil spill as prescribed;
b] Failing to update or supplement the oil spill response plan as prescribed;
c] Failing to notify the oil spill response plan approved by the competent authority to relevant authorities, units and localities for cooperation in implementation.
2. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for any of the following offences:
a] Failure to organize training courses or assign officials or employees in charge of responding to oil spills to attend training courses to improve their skills in oil spill response;
b] Failing to organize training practice in oil spill response as prescribed.
3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to promptly report to the competent authority for assistance in cases where the oil spill is beyond its capacity or local resources as prescribed.
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a] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;
b] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;
c] A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to have the oil spill response plan approved by the district-level People’s Committee or the supervisory authority as prescribed;
d] A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.
5. Penalties for offences related to the operation of general petroleum depots and petroleum depots with a total reserve of 50,000 m3 or more and petroleum ports capable of receiving ships with a tonnage greater than or equal to 50,000 DWT are as follows:
a] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;
b] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;
c] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil spill response plan approved by the National Committee for Search and Rescue as prescribed;
d] A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.
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a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;
b] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;
c] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil spill response plan approved by the provincial People’s Committee as prescribed;
d] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.
7. Penalties for offences involving activities of investors in ports, owners of establishments and owners of projects posing the risk of causing oil spills are as follows:
a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;
b] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and command its own forces, means and equipment or those stated in the oil spill response contract to carry out response activities in a timely manner; failure to get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities; failure to closely monitor activities with high risk of oil spills occurring within their remit in order to promptly implement appropriate response measures; failure to fully conform to the requirements and instructions of competent authorities for prevention or minimization of damage caused by oil pollution as quickly as possible;
c] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil spill response plan approved by the provincial People’s Committee as prescribed; failure to again formulate the oil spill response plan for submission to the competent authority for approval as prescribed;
d] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.
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a] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to notify the oil spill response plan approved by the provincial People’s Committee to the provinces at risk of being affected by the oil spill that may occur at facilities or projects;
b] A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make investment or failure to enter into a contract to get prepared for response to oil spills with an establishment that has means and equipment used for response activities or with a Regional Oil Spill Response Center at the level commensurate with possibilities of oil spill occurring in areas under its jurisdiction in order to promptly mobilize means, equipment and supplies to carry out response activities as prescribed;
c] A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for get ready to mobilize means, equipment and supplies to participate in cooperation in response to and remediation of consequences of the oil spill at the request of competent authorities;
d] A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil spill response plan approved by the National Committee for Search and Rescue as prescribed;
dd] A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to develop an emergency plan to respond to oil spills and organize forces to ensure timely and effective prevention of and response to oil spills at the level corresponding to the possibility of oil spills caused by the establishment as prescribed.
9. Penalties for offences involving oil tanker operations posing the risk of causing oil spills are as follows:
a] A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for failure to notify the plan for oil transshipment between ships at sea so as for the competent authority to carry out supervision and take appropriate response measures in the event of an oil spill as prescribed;
b] A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failure to have the oil pollution response plan approved by a competent authority of the Ministry of Transport, applicable to oil tankers flying the flag of Vietnam, each of which has total tonnage of 150 GT or more and other ships other than oil tankers, each of which has total tonnage of 400 GT or more;
c] A fine ranging from VND 35,000,000 to VND 45,000,000 shall be imposed for failure to have the oil pollution response plan approved by a competent authority of the Ministry of Transport, applicable to oil tankers flying the flag of Vietnam, each of which has total tonnage of 150 GT or more, engaged in the transshipment of oil between ships at sea;
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dd] A fine ranging from VND 55,000,000 to VND 65,000,000 shall be imposed for failure to purchase insurance or financial security for civil liability prescribed by law to compensate for damage caused by fuel oil pollution as prescribed.
10. A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for using oil spill dispersants and biological preparations for oil spill response in contravention of regulations.
11. Penalties for causing oil conflagration or oil spills, except for environmental crimes are as follows:
a] A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the weight of oil is less than 2,000 kg;
b] A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed if the weight of oil is 2,000 kg to less than 10,000 kg;
c] A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed if the weight of oil is 10,000 kg to less than 20,000 kg;
d] A fine ranging from VND 250,000,000 to VND 350,000,000 shall be imposed if the weight of oil is 20,000 kg to less than 50,000 kg;
dd] A fine ranging from VND 350,000,000 to VND 450,000,000 shall be imposed if the weight of oil is 50,000 kg to less than 100,000 kg;
e] A fine ranging from VND 450,000,000 to VND 550,000,000 shall be imposed if the weight of oil is 100,000 kg to less than 200,000 kg;
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h] A fine ranging from VND 650,000,000 to VND 750,000,000 shall be imposed if the weight of oil is 300,000 kg to less than 400,000 kg;
i] A fine ranging from VND 750,000,000 to VND 850,000,000 shall be imposed if the weight of oil is 400,000 kg to less than 500,000 kg;
k] A fine ranging from VND 850,000,000 to VND 950,000,000 shall be imposed if the weight of oil is at least 500,000 kg.
12. Penalties for failure to implement measures for remedying oil conflagration or oil spill; failure to compensate for damage caused by the oil pollution are as follows:
a] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed if the weight of oil is less than 2,000 kg;
b] A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the weight of oil is 2,000 kg to less than 10,000 kg;
c] A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed if the weight of oil is 10,000 kg to less than 20,000 kg;
d] A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed if the weight of oil is 20,000 kg to less than 50,000 kg;
dd] A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed if the weight of oil is 50,000 kg to less than 100,000 kg;
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g] A fine ranging from VND 600,000,000 to VND 700,000,000 shall be imposed if the weight of oil is 200,000 kg to less than 300,000 kg;
h] A fine ranging from VND 700,000,000 to VND 800,000,000 shall be imposed if the weight of oil is 300,000 kg to less than 400,000 kg;
i] A fine ranging from VND 800,000,000 to VND 900,000,000 shall be imposed if the weight of oil is 400,000 kg to less than 500,000 kg;
k] A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed if the weight of oil is at least 500,000 kg.
13. Remedial measures:
a] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for causing oil spills or environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
b] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences of offences and mandatory provision of compensation for damage caused by the oil pollution within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clauses 8, 9 and 11 of this Article.
Article 40. Offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies
1. Offences against regulations on waste-related emergency prevention and response and environmental remediation after waste-related emergencies are as follows:
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b] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to publicize the waste-related emergency prevention and response plan; failure to notify the communal People’s Committee and district-level Steering Committee for Natural Disaster Management and Search and Rescue in the event of a waste-related emergency;
c] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to deploy on-the-spot forces; failure to develop a plan to provide training in waste-related emergencies for on-site forces; failure to organize waste-related emergency response drills;
d] A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to build or install works or equipment for waste-related emergency response; failure to on-the-spot forces; failure to provide supplies or equipment for response to waste-related emergencies according to the waste-related emergency response plan;
dd] A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for failure to comply with or improperly complying with the orders to mobilize forces, equipment and vehicles for response to waste-related emergencies issued by the competent authority or competent person;
e] A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for failure to correctly comply or install works or equipment for waste-related emergency response; failure to suspend production activities upon occurrence of a waste-related emergency, failure to take measures within their jurisdiction to promptly respond to waste-related emergencies;
g] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for committing the offences specified in clause 2 of this Article without carrying out environmental remediation or carrying out environmental remediation without satisfying the environmental technical regulation on quality of surrounding environment or satisfying regulations of law on biodiversity, forestry and fisheries;
h] A fine ranging from VND 250,000,000 to VND 350,000,000 shall be imposed for failure to pay costs of organizing waste-related emergency response or costs of environmental remediation to the State if the State assumes responsibility for responding to the waste-related emergency and remediating the environment after the emergency or failure to compensate for damage caused by the waste-related emergency in accordance with regulations, except for environmental crimes.
2. Penalties for causing waste-related emergencies are as follows:
a] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for causing a waste-related emergency at grassroots level, except for environmental crimes;
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c] A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for causing a provincial waste-related emergency, except for environmental crimes;
d] A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for causing a national waste-related emergency, except for environmental crimes.
3. Additional penalties:
a] Suspending the operation of the business establishment's source of waste causing environmental pollution for 03 - 06 months in case of commission of the offences specified in clause 2 of this Article;
b] Suspending the operation of the business establishment for 06 - 09 months in case of commission of the offences specified in point g clause 1 of this Article.
4. Remedial measures:
a] Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences or waste-related emergency within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in point g clause 1 of this Article;
b] Mandatory payment of costs of organizing waste-related emergency response and costs of environmental remediation in case of commission of the offences specified in point h clause 1 of this Article.
Article 41. Offences against regulations on environmental protection during agricultural production
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2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to register, inventory, report and manage information on chemicals, agrochemicals and veterinary drugs in accordance regulations; using chemicals, agrochemicals and veterinary drugs in contravention of regulations resulting in environmental pollution.
3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to assess and control chemicals, agrochemicals and veterinary drugs as prescribed.
4. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for using agrochemicals, veterinary drugs or chemicals which have expired or are off the permissible list resulting in environmental pollution.
5. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for importing chemicals or materials containing hazardous chemicals that fail to meet regulations on environmental protection.
6. Additional penalties:
Suspending the operation of the business establishment's source of waste causing environmental pollution for 09 - 12 months in case of commission of the offences specified in clauses 4 and 5 of this Article.
7. Remedial measures:
Mandatory application of remedial measures against environmental pollution in accordance with regulations and mandatory submission of reports on result of completed remediation of consequences or environmental emergency within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in clauses 2 and 4 of this Article.
Article 42. Offences against regulations on payment of environmental protection fees and environmental protection deposits during mining activities, waste burial, and insurance against compensation for environmental damage
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2. A fine of 0.05% of the environmental protection deposit which is underpaid per day shall be imposed for underpayment of deposits as prescribed and must not exceed VND 1,000,000,000.
4. A fine ranging from VND 220,000,000 to VND 250,000,000 shall be imposed for failure to purchase insurance against compensation for environmental damage.
5. Remedial measures:
a] Collection of the underpaid or evaded amount of the environmental protection fee that is calculated from the time of underpayment or evasion of the environmental protection fee [the collected amount is calculated using the result of waste sample analysis by the authority having power to carry out inspection and impose penalties as prescribed] in case of commission of the offences specified in clause 1 of this Article;
b] Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for discharge of waste in excess of the permissible limit specified in the environmental technical regulation or causing environmental pollution according to current norms and prices in case of commission of the offences prescribed in this Article;
c] Mandatory payment of environmental protection deposits; mandatory purchase of insurance against compensation for environmental damage in case of commission of the offences prescribed in clauses 3 and 4 of this Article.
Article 43. Offences against regulations on environmental information and data; provision and disclosure of environmental information; reporting of environmental protection
1. c] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to make reports or making inaccurate or insufficient reports or failure to send reports on environmental protection to competent authorities in accordance with regulations.
2. Penalties for offences against regulations on management of environmental information and data are as follows:
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b] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to collect, store and manage environmental information as prescribed;
c] A fine ranging from VND 10,000,000 to VND 40,000,000 shall be imposed for illegally accessing the environmental data and information storage systems as prescribed;
d] A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for modifying, falsifying or erasing environmental data and information and environmental monitoring results.
3. Penalties for offences against regulations on disclosure of environmental information are as follows:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for disclosing environmental data and information, or environmental monitoring results in an incorrect or insufficient manner as prescribed; failing to provide or update their environmental information in the national and provincial environmental databases in accordance with regulations;
b] A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to disclose environmental information and data during production, business operation, service provision as prescribed, except for the cases specified in point b clause 1, point b clause 2 Article 10; point b clause 1, point b clause 2, point b clause 3, Article 11; point h clause 1 Article 31; clause 1 Article 32; clause 1 Article 33; point b clause 1 Article 40; clause 1 Article 53; clause 1 Article 54 of this Decree;
c] A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to disclose waste monitoring results of investment projects, business establishments, dedicated areas for production, business and service provision and industrial clusters as prescribed by law;
d] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for providing untruthful environmental information in cases where the information must be disclosed to the public as prescribed.
4. Penalties for offences against regulations on provision of environmental information are as follows:
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b] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for providing untruthful environmental data and information and environmental monitoring results to competent authorities as prescribed; making a report showing the results of monitoring of wastewater, emissions and other waste do not correctly reflect the pollution situation at a project, business establishment, dedicated area for production, business and service provision or industrial cluster.
5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to provide or disclose information in accordance with regulations of law on bond issuance and law on environmental protection.
6. Remedial measures:
a] Mandatory disclosure of information in case of commission of the offences specified in points a, b and c clause 3 of this Article;
b] Mandatory provision and disclosure of information in case of commission of the offences specified in point a clause 4 and clause 5 of this Article;
c] Mandatory correction of misinformation or misleading information about the state of environment in case of commission of the offences specified in point d clause 3 and point b clause 4 of this Article.
Article 44. Offences against regulations on protection and use of works, equipment and vehicles serving environmental protection activities
1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following offences:
a] Obstructing the operation or use of environmental protection works;
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2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for illegally moving environmental monitoring machinery and equipment.
3. A fine ranging from VND 10,000,000 to VND 50,000,000 shall be imposed for building a work affecting the technical safety corridor of environmental protection works.
4. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for sabotaging or encroaching on works, equipment and means serving environmental protection activities.
5. Remedial measures:
Mandatory restoration to original condition within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the offences prescribed in this Article.
Article 45. Offences against regulations on GHG emissions mitigation
1. A warning shall be imposed for any of the following offences:
a] Failure to submit GHG inventory reports to regulatory bodies as prescribed;
b] Failure to submit reports on reduction of GHG emissions to regulatory bodies as prescribed.
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a] Providing incorrect or insufficient information in the GHG inventory report;
b] Providing incorrect or insufficient information in the report on reduction of GHG emissions.
3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following offences:
a] Failure to prepare GHG inventory reports as prescribed;
b] Failure to prepare reports on reduction of GHG emissions as prescribed;
c] Appraising the reports in the fields not announced by the Ministry of Natural Resources and Environment.
4. Remedial measures:
a] Mandatory provision of correct or sufficient information in the GHG inventory reports and reports on reduction of GHG emissions in case of commission of the offences specified in Clause 2 of this Article;
b] Mandatory preparation of the GHG inventory reports and reports on reduction of GHG emissions for the year[s] of late payment or underpayment, and bearing of all costs incurred, if any, in case of commission of the offences specified in points a and b clause 3 of this Article;
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Article 46. Offences against regulations on ozone layer protection
1. A warning shall be imposed for any of the following offences:
a] Failure to register the use of controlled substances issued under the List specified in point b clause 3 Article 92 of the Law on Environmental Protection [hereinafter referred to as “controlled substances”];
b] Failure to develop an appropriate roadmap for replacement or removal of controlled ozone-depleting substances and GHGs as prescribed;
c] Failure to submit reports on the use of controlled substances within the prescribed time limit.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a] Failure to prepare periodic reports on the use of controlled substances as prescribed;
b] Providing incorrect or insufficient information in the reports on the use of controlled substances.
3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed:
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b] For failure to use equipment suitable for the collection, transport and storage of controlled substances in accordance with regulations; or
c] For failure to develop the process of safe collection, transport and storage of controlled substances according to regulations of the Ministry of Natural Resources and Environment.
4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following offences:
a] Producing controlled substances in excess of the allocated quota under the decision on allocation, adjustment and supplementation of quota for production and import of controlled substances;
b] Importing controlled substances in excess of the allocated quota under the decision on allocation, adjustment and supplementation of quota for production and import of controlled substances;
c] Transferring the quota for production and import of controlled substances;
d] Illegally using the notification of allocation, adjustment and supplementation of the quota for production and import of controlled substances.
5. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to transfer controlled substances to a unit issued with an appropriate environmental license for recycling and treatment in accordance with regulations.
6. Penalties for discharging into the environment controlled substances not generated together with other types of hazardous waste of an organization are as follows:
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b] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for discharging 10 kg to less than 30 kg of controlled substances into the environment;
c] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for discharging 30 kg to less than 50 kg of controlled substances into the environment;
d] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for discharging 50 kg to less than 100 kg of controlled substances into the environment;
dd] A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for discharging 100 kg to less than 250 kg of controlled substances into the environment;
e] A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for discharging 250 kg to less than 500 kg of controlled substances into the environment;
g] A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for discharging at least 500 kg of controlled substances into the environment.
7. A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following offences, except for environmental crimes:
a] Producing prohibited controlled substances; equipment and products containing or manufactured from prohibited controlled substances;
b] Importing or exporting prohibited controlled substances; importing or exporting equipment and products containing or manufactured from prohibited controlled substances;
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d] Illegally importing or exporting controlled substances; illegally importing or exporting equipment or products containing or manufactured from controlled substances;
dd] Consuming prohibited controlled substances; consuming equipment and products containing or manufactured from prohibited controlled substances.
8. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for recycling and treating controlled substances without an appropriate environmental license.
9. Additional penalties:
a] Suspending the operation of the business establishment for 06 - 09 months in case of commission of the offences specified in clause 7 of this Article.
b] Suspending the operation of the business establishment for 09 - 12 months in case of commission of the offences specified in clause 8 of this Article.
10. Remedial measures:
a] Mandatory transfer of substances and equipment, products containing or manufactured from controlled substances that need to be treated in accordance with regulations to the units having treatment function, and bearing of all costs incurred, in case of commission of the offences specified in clause 5 of this Article;
b] Mandatory disgorgement of illegal gain from commission of the offences specified in clauses 4 and 7 of this Article;
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d] Mandatory development of the process for safe collection, transport and storage in accordance with regulations in case of commission of the offences specified in point c clause 3 of this Article.
Article 47. Offences against regulations on management and environmental protection of natural heritage sites
1. Penalties for illegally sabotaging or encroaching on natural heritage sites established in accordance with regulations of law on forestry, fisheries and cultural heritage sites shall be imposed under regulations of law on penalties for administrative violations in those fields.
2. Penalties for illegally sabotaging or encroaching on natural heritage sites being conservation areas, except for the offences specified in clause 1 of this Article are as follows:
a] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for hunting, catching or exploiting wild animals and wild plants in a wetland conservation area, except for environmental crimes and purposes of scientific research approved by the competent authority;
b] A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for obstructing the passage of aquatic species in the administrative service subdivision of the wetland conservation areas;
c] A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for levelling, digging and embanking, altering or blocking the natural flow, resulting in changes to the hydrological regime in a wetland conservation area; raising livestock and poultry on a farm scale or carrying out aquaculture on an industrial scale; illegally residing in a conservation area;
d] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for obstructing the passage of aquatic species in the ecological restoration subdivision of a wetland conservation area;
dd] A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for performing one of the acts of illegally building a work or residential house in the strictly protected zone of a wetland conservation area; obstructing the passage of aquatic species in the strictly protected zone of a wetland conservation area;
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g] Penalties for illegally building works and residential houses in the ecological restoration subdivision and administrative service subdivision of a conservation area shall be imposed in accordance with regulations of law on penalties for administrative violations in the construction industry.
3. Penalties for causing damage to natural landscapes or ecosystems in a conservation area, except for the cases specified in clauses 1 and 2 of this Article are as follows:
a] A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage to less than 200 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area;
b] A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for causing damage to 200 m2 to less than 400 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area;
c] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for causing damage to 400 m2 to less than 800 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area;
d] A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for causing damage to 800 m2 to less than 1,200 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area;
dd] A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for causing damage to 1,000 m2 to less than 1,500 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area or causing damage to less than 100 m2 of land, wetland or water surface in the strictly protected subdivision of the conservation area;
e] A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for causing damage to 1,500 m2 to less than 2,000 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area or causing damage to 100 m2 to less than 100 m2 of land, wetland or water surface in the strictly protected subdivision of the conservation area;
g] A fine ranging from VND 250,000,000 to VND 400,000,000 shall be imposed for causing damage to at least 2,000 m2 of land, wetland or water surface in an area that does not belong to the strictly protected subdivision of the conservation area or causing damage to 200 m2 to less than 300 m2 of land, wetland or water surface in the strictly protected subdivision of the conservation area.
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a] A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for causing damage to the habitats of water birds and migratory birds;
b] A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for causing damage to the nursery grounds and spawning grounds of aquatic species, except for the cases specified in point c of this clause;
c] Penalties for causing damage to nursery grounds and spawning grounds of aquatic species on the list of endangered, precious and rare species whose protection is prioritized and the list of endangered and rare aquatic species shall be imposed in accordance with regulations of law on penalties for administrative violations in the fisheries sector.
5. Penalties for illegally sabotaging, encroaching on or causing damage to natural landscapes or ecosystems in the core zones of other natural heritage sites established in accordance with regulations of law on environmental protection, except for the cases specified in clauses 1, 2, 3 and 4 of this Article, shall be imposed as follows:
a] A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for causing damage to less than 200 m2 of land, wetland or water surface;
b] A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for causing damage to 200 m2 to less than 400 m2 of land, wetland or water surface;
c] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for causing damage to 400 m2 to less than 800 m2 of land, wetland or water surface;
d] A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for causing damage to 800 m2 to less than 1,200 m2 of land, wetland or water surface;
dd] A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for causing damage to 1,200 m2 to less than 1,500 m2 of land, wetland or water surface;
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g] A fine ranging from VND 250,000,000 to VND 400,000,000 shall causing damage to at least 2,000 m2 of land, wetland or water surface.
6. Additional penalties:
a] Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified points a, b, d, dd and g clause 2, clause 3, clause 4 and clause 5 of this Article;
b] Suspending the business establishment’s operation for 01 - 13 months as a remedy for the offences specified in clauses 2, 3, 4 and 5 of this Article.
7. Remedial measures:
a] Mandatory restoration to original state in case of commission of the offences specified points a, b, c, d, dd, e and g clause 2, clause 3, clause 4 and clause 5 of this Article;
b] Mandatory demolition of illegally built works and residential houses in case of commission of the offences specified in points b, dd and g clause 2 of this Article.
Article 48. Offences against regulations on PES
1. Penalties for offences against regulations on forest environmental services provided by forest ecosystems shall be imposed in compliance with regulations of law on penalties for administrative offences in the forestry sector.
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3. Any ecosystem service user that fails to declare or incorrectly declaring or delays in declaring the amount payable in the form of authorization to the provincial environment protection fund or the Vietnam Environment Protection Fund if the local authority has yet to establish a provincial environment protection fund shall incur the following penalties:
a] A fine ranging from VND 1,000,000 to VND 2,000,000 if the amount payable is less than VND 50,000,000;
b] A fine ranging from VND 2,000,000 to VND 3,000,000 if the amount payable is VND 50,000,000 to less than VND 200,000,000;
c] A fine ranging from VND 3,000,000 to VND 5,000,000 if the amount payable is VND 200,000,000 to less than VND 300,000,000;
d] A fine ranging from VND 5,000,000 to VND 7,000,000 if the amount payable is VND 300,000,000 to less than VND 500,000,000;
dd] A fine ranging from VND 7,000,000 to VND 10,000,000 if the amount payable is less than VND 500,000,000.
4. Penalties for using ecosystem services without making payment or making payment in full and on schedule under the PES contract shall be imposed as follows:
a] A fine ranging from VND 1,000,000 to VND 2,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is less than VND 20,000,000;
b] A fine ranging from VND 2,000,000 to VND 3,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is VND 20,000,000 to less than VND 30,000,000;
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d] A fine ranging from VND 5,000,000 to VND 15,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is VND 50,000,000 to less than VND 100,000,000;
dd] A fine ranging from VND 15,000,000 to VND 25,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is VND 100,000,000 to less than VND 200,000,000;
e] A fine ranging from VND 25,000,000 to VND 40,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is VND 200,000,000 to less than VND 500,000,000;
g] A fine ranging from VND 40,000,000 to VND 50,000,000 for failure to pay or fully pay for services past 03 months from the date specified in the contract if the payment is at least VND 500,000,000.
5. Any supplier that fails to formulate an internal PES schemes before concluding contracts with ecosystem service providers shall receive:
a] A warning if the offence is detected for the first time; or
b] A fine ranging from VND 5,000,000 to VND 10,000,000 in case of failure to rectify the offence.
6. Any supplier that fails to transfer the remaining amount [which is the total amount of PES collected minus reasonable costs to protect, maintain and develop the ecosystem] to the provincial environment protection fund or the Vietnam Environment Protection Fund if the local authority has yet to establish a provincial environment protection fund shall incur the following penalties:
a] A fine ranging from VND 1,000,000 to VND 2,000,000 if the remaining amount is less than VND 20,000,000;
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c] A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the remaining amount is VND 30,000,000 to less than VND 50,000,000;
d] A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the remaining amount is VND 50,000,000 to less than VND 100,000,000;
dd] A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the remaining amount is VND 100,000,000 to less than VND 200,000,000;
e] A fine ranging from VND 25,000,000 to VND 40,000,000 shall be imposed if the remaining amount is VND 200,000,000 to less than VND 500,000,000;
g] A fine ranging from VND 40,000,000 to VND 50,000,000 if the remaining amount is less than VND 500,000,000.
7. Any natural ecosystem service provider that uses the proceeds from PES for improper purposes as prescribed shall incur the following penalties:
a] A fine ranging from VND 1,000,000 to VND 2,000,000 if the proceeds used for improper purposes are less than VND 20,000,000;
b] A fine ranging from VND 2,000,000 to VND 3,000,000 if the proceeds used for improper purposes are VND 20,000,000 to less than VND 30,000,000;
c] A fine ranging from VND 3,000,000 to VND 5,000,000 if the proceeds used for improper purposes are VND 30,000,000 to less than VND 50,000,000;
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dd] A fine ranging from VND 15,000,000 to VND 25,000,000 if the proceeds used for improper purposes are VND 100,000,000 to less than VND 200,000,000;
e] A fine ranging from VND 25,000,000 to VND 40,000,000 if the proceeds used for improper purposes are VND 200,000,000 to less than VND 500,000,000;
g] A fine ranging from VND 40,000,000 to VND 50,000,000 if the proceeds used for improper purposes are at least VND 500,000,000.
8. Remedial measures:
a] Mandatory payment of PES in full and late payment interest [if any] in proportion to the amount and time of late payment within 01 month from the date of receiving the decision on penalties for administrative offences in case of commission of the offences specified in clause 4 of this Article.
The interest shall be calculated based on the amount and time of late payment at the basic interest rate announced by the State Bank of Vietnam at the time closest to the time of issuing the decision on penalties for administrative offences;
b] Mandatory formulation of the internal PES scheme within 06 months from the date of receiving the decision on penalties for administrative offences in case of commission of the offences specified in clause 5 of this Article;
c] Mandatory transfer of the remaining amount to the provincial environment protection fund or the Vietnam Environment Protection Fund if the local authority has yet to establish a provincial environment protection fund within 06 months from the date of receiving the decision on penalties for administrative offences in case of commission of the offences specified in clause 6 of this Article;
c] Mandatory return of the amount used for improper purpose within 01 month from the date of receiving the decision on penalties for administrative offences in case of commission of the offences specified in clause 7 of this Article.
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1. A warning shall be imposed for artificially culturing wild plant species, plant varieties, fungi and microorganisms on the List of endangered, precious and rare species whose protection is prioritized without notification as prescribed.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for hunting water birds and migratory birds in wetland conservation areas and important wetlands, except for the cases specified in point a clause 2 Article 47 of this Decree.
3. Penalties for illegally exploiting plant varieties, fungi and microorganisms on the List of endangered, precious and rare species whose protection is prioritized; illegally storing, transporting or trading in plant varieties, fungi and microorganisms on the List of endangered, precious and rare species whose protection is prioritized outside natural heritage are as follows:
a] A fine ranging from VND 1,000,000 to VND 2,000,000 if the exhibit involved in the offence is worth less than VND 500,000;
b] A fine ranging from VND 2,000,000 to VND 5,000,000 if the exhibit involved in the offence is worth VND 500,000 to less than VND 1,500,000;
c] A fine ranging from VND 5,000,000 to VND 15,000,000 if the exhibit involved in the offence is worth VND 1,500,000 to less than VND 5,000,000;
d] A fine ranging from VND 15,000,000 to VND 30,000,000 if the exhibit involved in the offence is worth VND 5,000,000 to less than VND 10,000,000;
dd] A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed if the exhibit involved in the offence is worth VND 10,000,000 to less than VND 20,000,000;
e] A fine ranging from VND 60,000,000 to VND 120,000,000 shall be imposed if the exhibit involved in the offence is worth at least VND 20,000,000.
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a] A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit involved in the offence is worth less than VND 1,000,000;
b] A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibit involved in the offence is worth VND 1,000,000 to less than VND 2,000,000;
c] A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit involved in the offence is worth VND 2,000,000 to less than VND 5,000,000;
d] A fine ranging from VND 10,000,000 to VND 25,000,000 shall be imposed if the exhibit involved in the offence is worth VND 5,000,000 to less than VND 10,000,000;
dd] A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed if the exhibit involved in the offence is worth VND 10,000,000 to less than VND 15,000,000;
e] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the exhibit involved in the offence is worth VND 15,000,000 to less than VND 20,000,000;
g] A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed if the exhibit involved in the offence is worth VND 20,000,000 to less than VND 30,000,000.
5. Penalties for illegally storing, transporting, processing and trading in timber and non-timber forest plants on the List of endangered, precious and rare species whose protection is prioritized outside natural heritage sites shall be imposed in accordance with regulations of law on penalties for administrative violations in the forestry sector. Penalties for illegally storing, transporting, processing, trading in wild plant species on the List of endangered, precious and rare species whose protection is prioritized outside natural heritage sites, except for timber and non-timber forest plants outside natural heritage sites, are as follows:
a] A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the wild plant species is worth less than VND 15,000,000;
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c] A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed if the wild plant species is worth VND 25,000,000 to less than VND 50,000,000;
d] A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed if the wild plant species is worth VND 50,000,000 to less than VND 70,000,000;
dd] A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed if the wild plant species is worth VND 70,000,000 to less than VND 90,000,000;
e] A fine ranging from VND 90,000,000 to VND 120,000,000 shall be imposed if the wild plant species is worth VND 90,000,000 to less than VND 120,000,000;
g] A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed if the wild plant species is worth VND 120,000,000 to less than VND 150,000,000;
h] A fine ranging from VND 150,000,000 to VND 180,000,000 shall be imposed if the wild plant species is worth VND 150,000,000 to less than VND 180,000,000;
i] A fine ranging from VND 180,000,000 to VND 210,000,000 shall be imposed if the wild plant species is worth VND 180,000,000 to less than VND 210,000,000;
k] A fine ranging from VND 210,000,000 to VND 240,000,000 shall be imposed if the wild plant species is worth VND 210,000,000 to less than VND 240,000,000;
l] A fine ranging from VND 240,000,000 to VND 270,000,000 shall be imposed if the wild plant species is worth VND 240,000,000 to less than VND 270,000,000;
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6. Additional penalties:
Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified in clauses 2, 3, 4 and 5 of this Article.
Article 50. Offences against regulations on management of biodiversity conservation facilities
1. A warning shall be imposed for failure to report the status of species on the List of endangered, precious and rare species whose protection is prioritized as prescribed.
2. Penalties for breeding, rearing and artificially planting and transplanting species on the List of endangered, precious and rare species whose protection is prioritized at facilities breeding, rearing and artificially planting and transplanting such species for commercial purposes in contravention of regulations of law shall be imposed in accordance with regulations of law on penalties for administrative violations in the forestry and fishery sectors, except for environmental crimes.
3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to register, declare the origin, and prepare documents for monitoring individuals of species on the List of endangered, precious and rare species whose protection is prioritized.
4. A fine ranging from VND 2,000,000 and VND 5,000,000 shall be imposed for improperly fulfill one of the approved conditions in the project on establishment of biodiversity conservation facility issued together with the certificate of biodiversity conservation facility approved by a competent authority [including conditions concerning physical facilities and infrastructure; human resources; financial resources; species nursery and care processes; storage and preservation of genetic resources and genetic specimens].
5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a] Making untruthful declarations of eligibility requirements for issuance of certificate of biodiversity conservation facility;
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6. Additional penalties:
Confiscating the exhibits and instrumentalities for committing administrative offences in case of commission of the offence specified in point b clause 5 of this Article.
Article 51. Offences against regulations on management of invasive alien species
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for rearing, storing, transporting, planting or propagating invasive alien species outside a conservation area for non-commercial purposes in cases where their development and spread are under control and they have not yet caused any damage.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for rearing, storing, transporting, planting or propagating invasive alien species outside a conservation area for commercial purposes in cases where their development and spread are under control and they have not yet caused any damage.
3. Penalties for rearing, storing, transporting, planting or transplanting invasive alien species outside a conservation area are as follows:
a] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of making a loss of less than VND 10,000,000;
b] A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for the act of making a loss of VND 10,000,000 to less than VND 20,000,000;
c] A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed for the act of making a loss of VND 20,000,000 to less than VND 40,000,000;
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dd] A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed for the act of making a loss of VND 60,000,000 to less than VND 80,000,000;
e] A fine ranging from VND 320,000,000 to VND 400,000,000 shall be imposed for the act of making a loss of VND 80,000,000 to less than VND 100,000,000;
g] A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed for the act of making a loss of VND 100,000,000 to less than VND 120,000,000;
h] A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed for the act of making a loss of VND 120,000,000 to less than VND 140,000,000;
i] A fine ranging from VND 560,000,000 to VND 200,000,000 shall be imposed for the act of making a loss of VND 140,000,000 to less than VND 150,000,000;
4. Penalties for the acts of rearing, storing, transporting, planting or propagating invasive alien species within a conservation area in cases where their development and spread are under control:
a] A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed on the offence committed outside the strictly protected sub-zone;
b] A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed on the offence committed inside the strictly protected sub-zone;
5. Penalties for rearing, storing, transporting, planting or propagating invasive alien species in a conservation area in cases where their development and spread are out of control:
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b] Fines shall be 40% to 50% more than the fines specified in clause 4 of this Article if the offence is committed inside the strictly protected sub-zone.
Total fine imposed for each act of offence specified in this clause must not exceed VND 1,000,000,000.
6. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for importing invasive alien microorganisms.
7. Penalties for importing invasive alien animals and plants are as follows:
a] A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit involved in the offence is worth less than VND 10,000,000;
b] A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the exhibit involved in the offence is worth VND 10,000,000 to less than VND 20,000,000;
c] A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed if the exhibit involved in the offence is worth VND 20,000,000 to less than VND 40,000,000;
d] A fine ranging from VND 160,000,000 to VND 240,000,000 shall be imposed if the exhibit involved in the offence is worth VND 40,000,000 to less than VND 60,000,000;
dd] A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed if the exhibit involved in the offence is worth VND 60,000,000 to less than VND 80,000,000;
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g] A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed if the exhibit involved in the offence is worth VND 100,000,000 to less than VND 120,000,000;
h] A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed if the exhibit involved in the offence is worth VND 120,000,000 to less than VND 140,000,000;
i] A fine ranging from VND 560,000,000 to VND 640,000,000 shall be imposed if the exhibit involved in the offence is worth VND 140,000,000 to less than VND 160,000,000;
k] A fine ranging from VND 640,000,000 to VND 720,000,000 shall be imposed if the exhibit involved in the offence is worth VND 160,000,000 to less than VND 180,000,000;
l] A fine ranging from VND 720,000,000 to VND 800,000,000 shall be imposed if the exhibit involved in the offence is worth VND 180,000,000 to less than VND 200,000,000;
m] A fine ranging from VND 800,000,000 to VND 880,000,000 shall be imposed if the exhibit involved in the offence is worth VND 200,000,000 to less than VND 220,000,000;
n] A fine ranging from VND 880,000,000 to VND 920,000,000 shall be imposed if the exhibit involved in the offence is worth VND 220,000,000 to less than VND 230,000,000;
o] A fine ranging from VND 920,000,000 to VND 1,000,000,000 shall be imposed if the exhibit involved in the offence is worth VND 230,000,000 to less than VND 250,000,000.
8. Additional penalties:
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9. Remedial measures:
a] Mandatory destruction of all invasive alien species; mandatory restoration to original state in case of commission of the offences specified in clauses 1, 2, 3, 4 and 5 of this Article;
b] Mandatory re-export of illegally imported invasive alien species out of the territory of the Socialist Republic of Vietnam in case of commission of the offences specified in clauses 6 and 7 of this Article. If the re-export is impossible, all illegally imported invasive alien species must be destroyed.
Article 52. Offences against regulations on management, access and benefit sharing of genetic resources
1. A warning shall be issued for perform one of the acts of failing to periodically report or failing to report the operation as prescribed during the period of access to genetic resources in support of research for non-commercial purposes as specified in the license for access to genetic resources.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a] Failure to comply with the requirements stated in the plan to access to genetic resources approved by the competent authority;
b] Failure to notify the competent authority of the transfer to a third party the genetic resources and their derivatives serving the same purposes of commercial research and development of commercial products;
c] Failure to share benefits accrued from the use of genetic resources with relevant parties in accordance with regulations;
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dd] Bringing genetic resources out of the Vietnam’s territory but failing to comply with the requirements specified in the license for access to genetic resources or the decision to permit the transfer of genetic resources abroad in service of study or research for non-commercial purposes;
e] Failure to use the license for access to genetic resources in accordance with requirements and for its intended purposes.
3. A fine ranging from VND 10,000,000 and VND 30,000,000 shall be imposed for failure to exchange, transfer or provide assigned genetic resources to other organizations or individuals in accordance with law provisions; transferring genetic resources and their derivatives and changing their purposes specified in the license for access to genetic resources, except for cases specified in clauses 1 and 2 of this Article.
4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for accessing to genetic resources without the license granted by a competent authority or with an expired license for access to genetic resources.
5. Additional penalties:
a] Suspending the license for access to genetic resources for 06 - 12 months in case of commission of the offences specified in points a, b, c, d, dd and e clause 2 of this Article;
b] Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified in clauses 3 and 4 of this Article.
6. Remedial measures:
Mandatory recall of the products obtained from the illegal access to genetic resources within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points d and e clause 2 of this Article.
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1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed for failing to disclose information about the level of risks and measures to manage risks to the environment and biodiversity when doing research and developing technologies for genetically modified organisms and their genetic specimens.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to conduct research to produce, analysis, testing or isolation of genetically modified organisms and/or their products at designated places.
3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:
a] Providing false information in the application for issuance of license for genetically modified organism testing, the application for issuance of certificate of biosafety of genetically modified organism or the application for issuance of certificate of genetically modified organisms qualified for use as foods or animal feeds;
b] Failure to comply with the requirements specified in the license for genetically modified organism testing, the certificate of biosafety of genetically modified organism or the certificate of genetically modified organisms qualified for use as foods, animal feeds.
4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the offences against regulations on genetically modified organism research and testing:
a] Hiding information about risks of adverse effects on the environment, biodiversity and human health or domestic animals during the genetically modified organism research and testing;
b] Bringing into the Socialist Republic of Vietnam genetically modified organisms that are not subject to the registered research proposal; not covered by the approved genetically modified organism testing and plan.
5. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following offences against regulations on genetically modified organism research and testing:
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b] Failure to adopt emergency response measures to thoroughly handle and destroy genetically modified organisms if it is found that such genetically modified organisms may cause risks, which are out of control, to the environment, biodiversity, human health and domestic animals;
c] Causing the release of genetically modified organisms into the environment during the genetically modified organism research and testing.
6. Additional penalties:
Suspending the License for genetically modified organism testing, the decision on accreditation of genetically modified organism laboratory or the decision on accreditation of genetically modified organism testing facility for 06 - 12 months in case of commission of the offences prescribed in clause 5 of this Article.
7. Remedial measures:
a] Mandatory destruction of all genetically modified organisms to which the License for genetically modified organism testing or the certificate of biosafety is not yet issued in case of commission of the offences specified in clause 2, point b clause 3 and point b clause 4 of this Article;
b] Mandatory application of remedial measures against environmental pollution in case of commission of the offences prescribed in clauses 2, 4 and 5 of this Article.
Article 54. Offences against regulations on production, trading, import, storage and transport of genetically modified organisms and their products
1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed for failing to disclose information about the level of risks and measures to manage risks to the environment and biodiversity when importing, trading or releasing genetically modified organisms and/or their genetic specimens.
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3. A warning or a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to disclose information about the level of risks and measures to manage risks to the environment and biodiversity of genetically modified organisms, genetic specimens and products of genetically modified organisms.
4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for producing or trading genetically modified organisms without a certificate of biosafety as prescribed.
5. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following offences:
a] Intentionally rearing, culturing or releasing genetically modified organisms and/or their genetic specimens without a certificate of biosafety;
b] Illegally importing genetically modified organisms and/or their genetic specimens.
6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following offences:
a] Intentionally rearing, culturing or releasing genetically modified organisms and/or their genetic specimens without a certificate of biosafety affecting the environment and biodiversity;
b] Illegally importing genetically modified organisms and/or their genetic specimens affecting the environment and biodiversity.
7. Remedial measures:
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b] Mandatory re-export of shipments of genetically modified organisms and/or their genetic specimens out of the territory of the Socialist Republic of Vietnam in case of commission of the offences specified in point b clause 5 and point b clause 6 of this Article. If the re-export is impossible, shipments of genetically modified organisms and/or their genetic specimens must be destroyed.
Article 55. Acts of obstructing state management, inspection and imposition of penalties for administrative offences against regulations on environmental protection
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a] Causing difficulties in assessment, investigation, research or monitoring of state of the environment or in performance of official duties by competent persons;
b] Uttering words or taking actions threatening, offending or hurting the honor of a person on duty;
c] Refusing to receive decision on inspection or supervision, decision on imposition of penalty for administrative offence or decision to enforce the implementation of decision on imposition of penalty for administrative offence;
d] Failure to organize talks on environmental issues at the request of competent environment authorities or according to complaints, denunciations or claims made by relevant organizations/individuals as regulated.
2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:
a] Failure to make declaration or making declaration in an untruthful manner or after the deadline prescribed by the law enforcer or competent authority;
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c] Failure to cooperate with or obstructing the task performance by the inspectorate or person assigned to conduct inspection of environmental protection;
d] Failure to appoint any authorized representative as prescribed by law to attend the ceremony to announce decision on inspection of environmental protection or failure to appoint any authorized representative to work with the environment inspectorate.
3. A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for deliberately removing the seals of exhibits, facilities, factories, machinery and/or equipment that is being sealed or impounded or hiding exhibits of offence or deliberately make changes at scenes of administrative environmental protection offences.
4. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for any of the following offences:
a] Delaying or shirking the enforcement of decision on inspection or decision on imposition of penalty for administrative environmental protection offence issued by the competent person or authority;
b] Failure to strictly and fully implement contents and requirements specified in the conclusion on results of environmental protection inspection made by the competent agency.
Chapter III
POWER TO IMPOSE PENALTIES AND MEASURES TO ENFORCE PENALTY IMPOSITION DECISIONS
Article 56. Power to impose penalties for administrative offences of Chairpersons of People’s Committees at all levels
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a] issue warnings;
b] impose a maximum fine of VND 5,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 10,000,000;
d] enforce the remedial measures mentioned in points a, b, c and dd clause 3 Article 4 of this Decree.
2. Chairpersons of district-level People’s Committees have the power to:
a] issue warnings;
b] impose a maximum fine of VND 100,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
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3. Chairpersons of provincial People’s Committees have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 57. Power to impose penalties for administrative offences of People's Public Security
1. Soldiers of the People’s Public Security in the performance of their duty have the power to:
a] issue warnings;
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2. Senior officers of the persons mentioned in clause 1 of this Article have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,500,000.
3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police, Majors of Mobile Police Battalions, and Captains of Squadrons have the power to:
a] issue warnings;
b] impose a maximum fine of VND 2,500,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 5,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
4. District-level Police Chiefs; the Chiefs of provincial Police Departments, including: Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes and Chiefs of Immigration Divisions in the performance of their duty have the power to:
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b] impose a maximum fine of VND 25,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
dd] enforce the remedial measures mentioned in points a, c, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
5. Directors of provincial Police Departments have the power to:
a] issue warnings;
b] impose a maximum fine of VND 100,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
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6. Director General of Police Department for Prevention and Control of Environmental Crimes and Director General of Immigration Department in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
Article 58. Power to impose penalties for administrative offences of natural resources and environment inspecting authorities
1. Inspectors and persons assigned to carry out specialized inspections in the performance of their duty have the power to:
a] issue warnings;
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c] confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief Inspectors of provincial Departments of Natural Resources and Environment, Chiefs of Specialized Inspectorates of provincial Departments of Natural Resources and Environment and Vietnam Environment Administration have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
3. Chief of Specialized Inspectorate of the Ministry of Natural Resources and Environment has the power to:
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b] impose a maximum fine of VND 250,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4. Chief Inspector of the Ministry of Natural Resources and Environment and Director General of Vietnam Environment Administration have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
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Article 59. Power of national defense inspecting authorities
1. Chief of Specialized Inspectorate of the Ministry of National Defense has the power to:
a] issue warnings;
b] impose a maximum fine of VND 250,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
2. Chief Inspector of the Ministry of National Defense has the power to:
a] issue warnings;
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c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 60. Power of the Border Guard
1. The Border Guard officers in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 500,000.
2. Senior officers of the persons mentioned in clause 1 of this Article have the power to:
a] issue warnings;
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3. The leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control have the power to:
a] issue warnings;
b] impose a maximum fine of VND 10,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
4. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates have the power to:
a] issue warnings;
b] impose a maximum fine of VND 25,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
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5. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command have the power to:
a] issue warnings;
b] impose a maximum fine of VND 100,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 200,000,000;
d] enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
6. Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
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dd] enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
Article 61. Power of the Coast Guard
1. The Border Guard officers in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,500,000.
2. Captains of coastguard teams have power to:
a] issue warnings;
b] impose a maximum fine of VND 5,000,000.
3. Coastguard squad leaders and captains of coastguard stations have the power to:
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b] impose a maximum fine of VND 10,000,000;
c] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
4. Commanders of coastguard platoons have power to:
a] issue warnings;
b] impose a maximum fine of VND 25,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
d] enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
5. Commanders in chief of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam have the power to:
a] issue warnings;
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c] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
d] enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
6. Commanders of regional coastguard command centers and Director General of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:
a] issue warnings;
b] impose a maximum fine of VND 100,000,000;
c] suspend the license;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
7. Commander of Vietnam Coast Guard has the power to:
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b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in points a, b, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
Article 62. Power of customs authorities
1. Customs officers in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 500,000.
2. Team Leaders, Group Leaders of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to provincial, inter-provincial or central-affiliated city Customs Departments; Leaders of Teams in Post-clearance Inspection Sub-departments have the power to:
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b] impose a maximum fine of VND 5,000,000.
3. Directors of Customs Sub-departments, Directors of Post-clearance Inspection Sub-departments, Leaders of Control Teams of provincial, inter-provincial or central-affiliated city Customs Departments, Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas, Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention Department; Directors of Post-clearance Inspection Sub-departments as an affiliate of the Post-clearance Inspection Department have the power to:
a] issue warnings;
b] impose a maximum fine of VND 25,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
d] enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
4. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
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d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
5. The Director General of the General Department of Customs has the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] confiscate exhibits and instruments of administrative offence;
d] enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
Article 63. Power of forest protection forces, fishery resource surveillance forces and agriculture and rural development inspecting authorities
1. Forest protection officers in the performance of their duty have the power to:
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b] impose a maximum fine of VND 500,000.
2. Agriculture and rural development inspectors and persons assigned to carry out specialized inspections of fishery have the power to:
a] issue warnings;
b] impose a maximum fine of VND 500,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
3. Fisheries resources surveillance officers in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 2,000,000;
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4. Heads of forest protection stations have the power to:
a] issue warnings;
b] impose a maximum fine of VND 10,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000.
5. Heads of Fishery Resource Surveillance Stations under Regional Fishery Resource Surveillance Sub-departments have the power to:
a] issue warnings;
b] impose a maximum fine of VND 10,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000;
d] enforce the remedial measures mentioned in points a, b and g clause 3 Article 4 of this Decree.
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a] issue warnings;
b] impose a maximum fine of VND 25,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
d] enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
7. Heads of Forest Protection Sub-departments; Heads of Regional Forest Protection Sub-departments and Leaders of Forest Protection Task Force Teams under the Forest Protection Department have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
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8. Chief Inspectors of Departments of Agriculture and Rural Development, specialized Inspectorates of provincial Departments of Agriculture and Rural Development, chief of specialized inspectorate of the Directorate of Fisheries, chief of specialized inspectorate of the Vietnam Administration of Forestry have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
9. Heads of Regional Fishery Resource Surveillance Sub-departments have the power to:
a] issue warnings;
b] impose a maximum fine of VND 100,000,000;
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d] enforce the remedial measures mentioned in points a, b, d, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
10. Chief of specialized inspectorate of the Ministry of Agriculture and Rural Development have the power to:
a] issue warnings;
b] impose a maximum fine of VND 250,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
11. Director General of the Forest Protection Department has the power to:
a] issue warnings;
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c] confiscate exhibits and instruments of administrative offence;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
12. Director General of the Director General of the Viet Nam Fisheries Resources Surveillance has the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] confiscate exhibits and instruments of administrative offence;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
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a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] confiscate exhibits and instruments of administrative offence;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 64. Power of industry and trade inspecting authorities and market surveillance authorities
1. Market surveillance officials in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 500,000.
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a] issue warnings;
b] impose a maximum fine of VND 500,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
3. Heads of Market Surveillance Teams and Heads of Professional Division affilited to the Market Surveillance Operations Department shall have the powers to:
a] issue warnings;
b] impose a maximum fine of VND 25,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;
d] enforce the remedial measures mentioned in points a, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
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a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
5. Directors General of provincial Market Surveillance Departments and Director General of the Market Surveillance Operations Department affiliated to the Vietnam Directorate of Market Surveillance have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] confiscate exhibits and instruments of administrative offence;
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dd] enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
6. Chief of Specialized Inspectorate of the Ministry of Industry and Trade has the power to:
a] issue warnings;
b] impose a maximum fine of VND 250,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
7. The Director General of the Vietnam Directorate of Market Surveillance has the power to:
a] issue warnings;
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c] confiscate exhibits and instruments of administrative offence;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.
8. Chief Inspector of the Ministry of Industry and Trade has the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] confiscate exhibits and instruments of administrative offence;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
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1. Chief representatives of maritime administrations, chief representatives of airports authorities, chief representatives of inland waterways port authorities have the power to:
a] issue warnings;
b] impose a maximum fine of VND 10,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000.
2. Directors of maritime administrations, directors of airports authorities and directors of inland waterways port authorities have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
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3. Chief Inspector of Vietnam Maritime Administration and Chief Inspector of Civil Aviation Authority of Vietnam have the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4. Director General of Vietnam Inland Waterway Administration, Director General of Vietnam Maritime Administration and Director General of Civil Aviation Authority of Vietnam have the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
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d] suspend the license or operation;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 66. Power to impose penalties for administrative offences of culture, sports and tourism inspecting authorities
1. Culture, sports and tourism inspectors in the performance of their duty have the power to:
a] issue warnings;
b] impose a maximum fine of VND 500,000;
c] confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief Inspectors of Departments of Culture, Sports and Tourism, Chief Inspectors of Departments of Culture and Sports, Chief Inspectors of Departments of Tourism, chiefs of specialized inspectorates of Departments of Culture, Sports Departments of Culture, Sports and Tourism, chiefs of specialized inspectorates of Departments of Culture and Sports and chiefs of specialized inspectorates of Departments of Tourism have the power to:
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b] impose a maximum fine of VND 50,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
3. Chiefs of specialized culture, sports and tourism inspectorates of the Ministry of Culture, Sports and Tourism have the power to:
a] issue warnings;
b] impose a maximum fine of VND 250,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;
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4. Chief Inspector of Ministry of Culture, Sports and Tourism has the power to:
a] issue warnings;
b] impose a maximum fine of VND 1,000,000,000;
c] suspend the license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 67. Power of Health Environment Management Agency
1. Persons assigned to carry out specialized inspections of health environment management in the performance of their duty have the power to:
a] issue warnings;
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c] confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;
d] enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.
2. Chief of specialized inspectorate of Health Environment Management Agency has the power to:
a] issue warnings;
b] impose a maximum fine of VND 50,000,000;
c] suspend the environmental license or operation;
d] confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
3. Director General of Health Environment Management Agency has the power to:
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b] impose a maximum fine of VND 1,000,000,000;
c] suspend the environmental license or operation;
d] confiscate exhibits and instruments of administrative offence;
dd] enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
Article 68. Delegation of power to impose administrative environmental protection offences; transfer of files on cases suspected of environmental crimes for initiation of criminal prosecution
1. The forces’ power to impose penalties for administrative environmental protection offences shall be delegated as follows:
a] Chairpersons of People’s Committees at all levels have the power to impose penalties for the administrative offences prescribed in Chapter II hereof within their scope of management;
b] Natural resources and environment inspecting authorities have the power to impose penalties for the administrative offences prescribed in Chapter II hereof;
c] The People’s Public Security, under its authority, and within the sectors under its management and scope of duties, have the power to impose penalties for the administrative offences specified in point a clause 1, point a clause 2, point a clause 3 Article 9; Article 10 if the EIAR appraisal result is within its power to approve or point g clause 1, point g clause 2 Article 10 if the EIAR appraisal result is beyond its power to approve; Article 11 if the environment license is within its power to issue or points g and h clause 1, points g and h clause 2, points g and h clause 3 Article 11 if the environment license is beyond its power to issue; Article 12 if the environment license is within its power to issue or point dd clause 1, point dd clause 2, point dd clause 3 Article 12 if the environment license is beyond its power to issue; Article 13 if the EIAR appraisal result is within its power to approve or points a and b clause 1, points a and b clause 2 Article 13 if the EIAR appraisal result is beyond its power to approve; Article 14 if the environment license is within its power to issue or points a, c and dd clause 1, points d and dd clause 2, points d and dd clause 3, points d and dd clause 4 if the environment license is beyond its power to issue; clause 2, points e, g and h clause 3, points e, h and i clause 4, points d and e clause 5, clause 6, Article 15; clauses 2, 3 and 4 Article 16 if the environment license is within its power to issue; Articles 18, 19, 20, 21, 22, 23 and 24; clauses 2, 3, 4 and 6 Article 25; point c clause 4, point d clause 5, clauses 8, 9 and 10 Article 26; Article 27; clauses 5, 6 and 7 Article 29; point a clause 2, points a and d clause 3, points a and c clause 4, clauses 5, 6 and 7 Article 30; point a clause 4, clauses 6 and 7 Article 31; clause 2 points g and h clause 3 Article 34; clauses 3, 4 and 5 Article 36; point b clause 4, point b clause 5, point b clause 6, Point b clause 7 and point c clause 8, clause 11 Article 39; clause 2 Article 40; clauses 4 and 5 Article 41; clauses 5 and 6, points b, d and dd clause 7 Article 46; clauses 2, 3, 4 and 5 Article 47; Article 49; Article 51 and Article 55 of this Decree;
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dd] The Coast Guard, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within territorial waters, exclusive economic zones and zones under the sovereignty of the Socialist Republic of Vietnam specified in Articles 18, 19, 20, 21 and 24; point d clause 2, clause 4 Article 25; clause 8 Article 26; Article 27; clauses 5, 6 and 7 Article 29; clauses 5, 6 and 7 Article 30; points g and h clause 3 Article 34; Articles 36 and 39; clause 2 Article 40; clause 5 Articles 47 and 55 of this Decree;
e] The Border Guard, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Articles 25, 26, 27, 29, 30, 36, 39, 49; 51, 52, 54 and 55 of this Decree;
g] Forest protection forces and forestry inspectors, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving ranger’s activities specified in Articles 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree. Fishery resource surveillance forces, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving fishery resource surveillance activities specified in point a clause 2 Article 36; clause 5 Article 47; clauses 6 and 7 Article 51; point b clause 5, point b clause 6 Article 54 and Article 55 of this Decree. Agriculture and rural development inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving agriculture and rural development activities specified in point a clause 2 Article 36; Article 41; Articles 45, 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree. Fishery inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving fishery activities specified in point a clause 2 Article 36; Articles 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree;
h] Maritime administrations, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving maritime activities specified in Articles 36, 39, 40 and 55 of this Decree; inland waterways port authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within inland waterways specified in Articles 39, 40 and 55 of this Decree; airports authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within aviation areas specified in clauses 2 and 5 Articles 25 and 55 of this Decree;
i] Customs authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving customs activities specified in Article 27; clauses 1 and 2 Article 34; points d and e clause 1, clause 3 Article 25; clause 4 Article 46; Articles 51, 54 and 55 of this Decree;
k] Market surveillance authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving market surveillance activities, commodities and the trading in and use of wild animals specified in Articles 46, 49, 51, 52, 54 and 55 of this Decree; industry and trade inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Articles 45 and 46 of this Decree;
l] Culture, sports and tourism inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Article 22; clauses 2 and 5 Article 25 of this Decree;
m] Health environment management authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative offences committed within hospitals and health facilities specified in clause 2, point a clause 3, clause 8 Article 26; clauses 1 and 2, points a, d, d, dd, e and g clause 3, clauses 4, 5 and 7 Article 29 of this Decree.
2. Transfer of files on cases suspected of environmental crimes for initiation of criminal prosecution and transfer of files on offence cases for imposition of administrative penalties.
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b] For an offence case suspected of environmental crimes detected through the inspection, regulations of law on inspection shall be complied with.
Article 69. Procedures for suspending environmental licenses or operation or enforcing the application of remedial measures and responsibility of relevant authorities, organizations and individuals
1. Procedures for suspending the license or operation of the organizations and individuals prescribed in Chapter II of this Decree shall comply with regulations of Law on Penalties for Administrative Violations.
2. An organizational or individual whose environmental license or operation has been suspended have production/business activities and services causing environmental pollution, agencies making decision on imposition of administrative penalties shall assume the following responsibilities:
a] The Ministry of Natural Resources and Environment shall cooperate with provincial People’s Committees, Ministries and central authorities concerned in directing authorities and organizations to suspend the environmental license or operation in cases where the environmental license is issued by the Ministry. To be specific:
The Management Board of economic zones, industrial parks, export processing zones and high-tech zones shall preside over and cooperate with the provincial Department of Natural Resources and Environment, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committees of the commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual commits the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones;
The provincial Department of Natural Resources and Environment shall preside over and cooperate with authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within at least 02 districts;
The district-level People’s Committee shall preside over and cooperate with the provincial Department of Natural Resources, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within 01 district;
b] The provincial People’s Committee shall direct the suspension of the environmental license or operation in cases where the environmental license is issued by the provincial People’s Committee. To be specific:
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The provincial Department of Natural Resources and Environment shall preside over and cooperate with authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within at least 02 districts;
The district-level People’s Committee shall preside over and cooperate with the provincial Department of Natural Resources, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within 01 district;
c] The district-level People’s Committee shall preside over and cooperate with authorities of the persons imposing penalties, district-level police and People’s Committee of the commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the district-level People's Committee issues the environmental license to the violating organization or individual.
3. Responsibilities of organizations and individuals whose license or operation has been suspended or that are compelled to take remedial measures against offences are as follows:
a] Organizations and individuals whose license or operation has been suspended must strictly comply with penalty imposition decisions, enable competent authorities to fulfil their duties and are permitted to resume their operation only when the competent authority confirms the completed remediation of consequences of offences;
b] Organizations and individuals that are compelled to take remedial measures against offences must strictly comply with penalty imposition decisions, submit remedial action reports to authorities which impose the penalties and authorities which have granted the license for inspection and supervision;
c] If an offence causes environmental pollution or it is mandatory to renovate, upgrade and build environmental protection works, the violating individual or organization must promptly implement remedial measures. After completing remedial measures, the violating individual or organization must send a report on plan on trial operation of environmental protection works to competent authorities specified in point a clause 1 Article 70 of this Decree for inspection, supervision and approval for trial operation in accordance with regulations of law.
Article 70. Inspection and confirmation of results of implementation of remedial measures against administrative environmental protection offences
1. Procedures for inspection and certification of result of remedial measures against administrative offences taken by an individual or organization whose environmental license or operation is suspended before the operation resumption or that is compelled to implement remedial measures in cases the person imposing penalties works for the competent authority issuing environmental license [hereinafter referred to as “competent authority”]:
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The report on result of completed remediation of consequences of environmental protection offence includes general information about the individual or organization [name of individual or organization, address, operating location, account, investment certificate, business registration certificate, license, penalty imposition decision, inspection and examination conclusions]; results of completed remediation of consequences of environmental protection offence [result of remediation of offence against regulations on wastewater, result of remediation of offence against regulations on dust and emissions, result of remediation of offence against regulations on noise, result of remediation of offence against regulations on vibration, result of remediation of offence against regulations on management of normal solid waste, hazardous waste, result of remediation of other environmental protection offences].
b] Within 05 working days from the date of receiving the report on result of completed remediation of consequences of environmental protection offence, the competent authority shall inspect the remediation according to the penalty imposition decision and environmental protection inspection conclusion [if any]. The inspectorate establishment decision; inspection record shall be made in accordance with regulations of law on environmental protection and inspection;
c] In case the individual or organization has completed the remediation of consequences of the environmental protection offence, the competent authority shall, within 05 working days from the end of the remediation inspection [except for cases where inspection, measurement and analysis of environmental samples by third parties are necessary], give a conclusion on the remediation inspection and remove the seals [if any] so as for the individual or organization to resume their operation;
d] In cases where the organization or individual has yet to complete the remediation of consequences of the environmental protection offence, they shall continue the remediation provided that the time limit for remediation written on the penalty imposition decision is not exceeded; if the time limit is not long enough to carry out the remediation, such organization or individual shall request a competent authority to consider extending it but not exceeding 24 months; if the violator does not carry out the remediation on purpose, they shall be compelled to implement remedial measures in accordance with regulations of law.
2. Procedures for inspection and certification of result of remedial measures against administrative offences taken by an individual or organization whose environmental license or operation is suspended before the operation resumption or that is compelled to implement remedial measures in cases the person imposing penalties works for the competent authority issuing environmental license:
a] At least 15 working days before the expiry date of the suspension of the environmental license/operation or implementation of remedial measures, the violating individual or organization must send a report on result of completed remediation of consequences of environmental protection offence [enclosed with documents, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional authority] to:
- Specialized authorities and units affiliated to the Ministry of Natural Resources and Environment exercising the functions of inspecting the remediation of consequences of the environmental administrative offence [if the project or dedicated area for production, business and service provision has its environment license granted by the Ministry of Natural Resources and Environment];
- The provincial Department of Natural Resources and Environment [if the project or dedicated area for production, business and service provision has its environment license granted by the provincial People’s Committee];
- The district-level People’s Committee [if the project or dedicated area for production, business and service provision has its environment license granted by the district-level People’s Committee];
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b] Within 05 working days from the date of receiving the report on result of completed remediation of consequences of environmental protection offence, the competent authority specified in point a of this clause shall preside over and cooperate with the authority of the person conducting the remediation inspection according to the penalty imposition decision and environmental protection inspection conclusion [if any]. Where necessary, a specialized authority or unit affiliated to the Ministry of Natural Resources and Environment exercising the functions of inspecting the remediation of consequences of the environmental administrative offence shall assign the provincial Department of Natural Resources and Environment to inspect the remediation in cases where such specialized authority or unit is responsible for the inspection. The inspectorate establishment decision; inspection record shall be made in accordance with regulations of law on environmental protection and inspection;
c] In case the individual or organization has completed the remediation of consequences of the environmental protection offence, the competent authority specified in point a of this clause shall, within 05 working days from the end of the remediation inspection [except for cases where inspection, measurement and analysis of environmental samples by third parties are necessary], give a conclusion on the remediation inspection and at the same time request the responsible authorities specified in points a, b and c clause 2 Article 69 of this Decree to remove the seals [if any] so as for the individual or organization to resume their operation;
d] In cases where the organization or individual has yet to complete the remediation of consequences of the environmental protection offence, they shall continue the remediation provided that the time limit for remediation written on the penalty imposition decision is not exceeded; if the time limit is not long enough to carry out the remediation, such organization or individual shall request the competent authority specified in point a of this clause to consider extending it but not exceeding 24 months; if the violator does not carry out the remediation on purpose, they shall be compelled to implement remedial measures in accordance with regulations of law.
3. If the business establishment or dedicated area for production, business and service provision is granted the environment license by multiple licensing authorities, the authority having the power to inspect the remediation is the superior authority which issued the environmental license. Where necessary, superior authority shall assign an inferior authority to conduct the remediation inspection.
4. For administrative offences subject to remedial measures applied in the form of mandatory preparation of EIARs, environmental registration and preparation of application for issuance of environmental license, procedures for inspection and confirmation that the consequences of offences have been completely remedied with regard to individuals and organizations shall be integrated into the processes of appraisal and approval of EIARs, receipt of application and issuance of environmental license by competent authorities. Results of processing of these administrative procedures shall replace remediation conclusions as provided in this Article.
Article 71. Regulations on offence notices and power to make notices and decisions on imposition of penalties for administrative environmental protection offences
1. Administrative environmental protection offence notices shall be subject to regulations of Law on Penalties for Administrative Violations.
2. The following persons have the power to make administrative environmental protection offence notices:
a] Persons in the performance of their duty who have power to impose penalties for administrative environmental protection offences;
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c] Officials and persons working for the People's Army and People's Public Security Forces who are performing environmental protection tasks of sectors under their management affiliated to Ministries and ministerial agencies;
d] Officials of communes, wards and commune-level towns who are performing environmental protection tasks within their communes, wards and commune-level towns;
dd] Public order officers who are performing environmental protection tasks in urban areas, apartment buildings, commercial, service or public areas;
e] Officials of forest management boards, management boards of national parks, wildlife sanctuaries and biosphere reserves who are performing environmental protection tasks.
3. Forms of notices and decisions used in imposition of penalties for administrative environmental protection offences shall comply with regulations of the Decree elaborating some Articles of Law on Penalties for Administrative Violations.
4. Persons having power to impose penalties for administrative offences may impose administrative penalties without needing to making offence notices in case of commission of the offences prescribed in Articles 25, 45, 46, 49, 50, 52 and 53 or may impose fines of up to VND 250,000 on perpetrating individuals or VND 500,000 on perpetrating organizations in case of commission of the offences prescribed in points a and b clause 2 Article 25 of this Decree; except the administrative offences discovered by using technical devices and equipment.
Article 72. Disclosure of information about administrative environmental protection offences
Information about individuals and organizations committing administrative environmental protection offences leading to serious consequences or adversely affecting public opinion shall be disclosed in the following cases:
1. Individuals and organizations whose environmental licenses have been suspended.
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3. Business establishments subject to remedial measures applied in the form of mandatory relocation for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.
4. Individuals and organizations incurring penalties in the cases specified in point g clause 2, clause 5 and clause 7 of Article 32; point g clause 2 and clause 4 of Article 33.
5. Other cases decided by persons having power to impose penalties for administrative offences as prescribed by law.
Article 73. Enforcement of penalty imposition decisions; responsibility for organizing implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed
1. Enforcement measures, power, contents, procedures and organization of enforcement of implementation of decisions on imposition of penalties for administrative environmental protection offences shall comply with regulations of law on penalties for administrative violations.
2. Responsibility for organizing implementation of decisions to enforce application of additional penaltiy in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed:
a] Chairperson of the provincial People’s Committee shall direct the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed;
Management Boards of economic zones, industrial parks, export processing zones and high-tech zones shall preside over and cooperate with provincial Departments of Natural Resources and Environment, People's Public Security at all levels, People’s Committees of communes where organizations and individuals commit offences and relevant authorities in organizing the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed in cases where the organizations and individuals commit the offences within areas of the Management Boards of economic zones, industrial zones, export processing zones and high-tech zones;
Provincial Departments of Natural Resources and Environment shall preside over and cooperate with People's Public Security at all levels, People’s Committees of districts where organizations and individuals commit offences and relevant authorities in organizing the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed in cases where the organizations and individuals do not commit the offences within areas of the Management Boards of economic zones, industrial zones, export processing zones and high-tech zones and commit the offences within at least 02 districts;
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b] People’s Committees of districts where business establishments which are enforced to incur an additional penalty in the form of operation suspension or be subject to a remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed shall direct relevant authorities to cooperate in enforcing operation suspension and relocation of projects and business establishments as prescribed;
c] People’s Public Security at all levels concerned shall assume responsibility to ensure the public order and security during the implementation of enforcement measures, assign personnel to prevent acts causing disruption or opposing law enforcers during the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed upon request.
Article 74. Responsibilities of individuals and organizations concerned for implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed
1. Any individual or organization related to the entity that is enforced to implement the decision to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of project or business establishment for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed shall cooperate in enforcing application of additional penalty in the form of operation suspension or enforcing application of remedial measure in the form of mandatory relocation upon request.
2. State Treasuries, commercial banks and other credit institutions shall implement measures to freeze deposit accounts from the date of enforcement specified in the decision to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.
Article 75. Responsibilities of ministries and central authorities for application of additional penalty in the form of operation suspension or enforced application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed
The Minister of Natural Resources and Environment, Ministers and heads of ministerial agencies shall, within their jurisdiction, cooperate with Chairpersons of People’s Committees of provinces and central-affiliated cities in implementing decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.
Chapter IV
IMPLEMENTATION CLAUSE
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1. Regulations of the Government’s Decree No. 155/2016/ND-CP dated November 18, 2016 and Decree No. 55/2021/ND-CP May 24, 2021 shall apply to the administrative environmental protection offences which have been committed before the effective date of this Decree but are detected or being considered when this Decree takes effect if this Decree does not provide for legal liability or impose less serious legal liability.
2. The decision and report on environmental impact assessment approved as prescribed by law are equivalent to the decision to approve EIAR appraisal result when considering and determining offences as prescribed in this Decree.
3. The competent environmental license issued as prescribed by law is equivalent to the environmental license when considering and determining offences as prescribed in this Decree.
4. The environmental protection plan certified as prescribed by law is equivalent to the following documents when considering and determining offences as prescribed in this Decree:
a] The environmental license issued by the provincial People’s Committee if the environmental protection plan is certified by the provincial specialized environmental protection authority;
b] The environmental license issued by the district-level People’s Committee if the environmental protection plan is certified by the district-level People’s Committee.
5. The environmental protection deposit payment scheme, environmental improvement and remediation scheme; environmental improvement and remediation project; environmental improvement and remediation plan supplemented as prescribed by law are equivalent to the environmental improvement and remediation plan when considering and determining offences as prescribed in this Decree.
Article 77. Effect
1. This Decree comes into force from August 25, 2022.
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Article 78. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.