To deploy the decree on sanction administrative violations in the field of protecting environment

Decree No. 155/2016 / ND-CP specifies acts of administrative violation, sanction forms, sanction levels and remedial measures with administrative violations, jurisdiction of making the minutes of administrative violations, competence to sanction administrative violations; responsibility and co-ordination mechanism in inspection, examination and sanction of administrative violations in the field of protecting environment.

The acts will be fined

According to regulations, administrative violations in the field of protecting environment are stipulated in this Decree including:

1. Acts of violation of regulations on plan of protecting environment, assessing impact  on environment and schemes of protecting environment;

2- Acts that pollute environment;

3- Acts violate regulations on waste management;

4- Acts violate regulations on protecting environment of businesses and service establishments (hereinafter referred to as establishments) and industrial parks, export processing zones, hi-tech parks and clusters of industrial parks, concentrated service zones (hereinafter referred to as concentrated production, trade and service zones);

5. Acts violate regulations on protecting environment in import of machinery, equipment, means of transport, raw materials, fuels, materials, discarded materials and biologicals; Import , dismantling second – hand ships; Festival, tourism and mining;

6. Acts violate regulations on prevention, combating and remedy of pollution, degradation or incidents of environment;

7. Administrative violations of biodiversity include: Conservation and sustainable development of natural ecosystems; Conservation and sustainable development of species and the conservation and sustainable development of genetic resources;

8. The acts of obstructing the State management, inspection, examination and sanction of administrative violations and other violations of the regulations on protecting environment are specified in this Decree.

Forms and penalty levels

According to the Decree, individuals and organizations commit administrative violation in the field of protecting environment shall be subject to one of the following sanction forms: Warning; The maximum fine for an administrative violation in the field of protecting environment are VND 1 billion for individuals and VND 2 billion for organizations.

The Decree specifies the fine level for each violation. This document stipulates that individuals violate regulations on protecting environment in establishments, industrial zones, export processing zones, high-tech zones, industrial clusters, business and service centers, trade villages and aquaculture zones are fined from VND 5 to VND 500 million.

Individuals who violate regulations on discharge of wastewater containing normal environmental parameters and being hazardous to environment are subject to a fine of between VND 300,000 and VND1 billion, depending on seriousness of the violation.

A fine of between VND 10 million and VND 1 billion shall be imposed on individuals who violate regulations on discharging dust or gases containing hazardous environmental parameters.

With acts of violating regulations on ptotecting marine environment, the Decree stipulates a fine of between VND 250 million and VND 500 million on individuals who commit acts of dumping toxic chemicals or solid wastes; or dumping untreated waste water do not meet technical standards into the sea areas of nature conservation zones, natural heritages, areas with new natural ecosystems, regular or seasonal breeding areas of aquatic or marine species, except for cases of environmental crimes; A fine of between VND 500 million and VND 1 billion shall be imposed for acts of dumping hazardous wastes or radioactive wastes into the waters of Socialist Republic of Vietnam, except for cases of environmental crimes.

The fine levels for acts of administrative violation prescribed above are applied for individuals and the fine levels for administrative violations of organizations are 2 times the fine level for individuals  with the same administrative violations.