Decree No. 45/2022/ND-CP of the Government stipulating and guiding the implementation of the Law on Environmental Protection 2020 has officially taken effect. This Decree was issued in order to ensure uniformity and unification of the legal system on environmental protection and in accordance with the current law on sanctioning of administrative violations; at the same time, stipulates sanctions on administrative violations in environmental protection sector.
Pursuant to provisions of the Law on Environmental Protection 2020, Decree 45/2022/ND-CP provides detailed and specific regulations and instructions on principles of handling administrative violations; competence to prescribe administrative penalties; sanctioning competence and supplementing some titles competent to sanction administrative violations in environmental protection.
Thus, the sanctioning of administrative violations in environmental protection field is taking effect according to Decree No. 155/2016/NDCP; Decree No. 55/2021/ND-CP amending and supplementing some articles of Decree No. 155/2016/N-CP built on the legal basis of the Law on Environmental Protection 2014 will be officially replaced by Decree No. 45/2022/ND-CP. In addition, some articles stipulate Law on Handling of Administrative Violations 2012, Law on Biodiversity 2008 and Law on Amending and Supplementing a number of articles of the Criminal Code No.100/2015/QH13 in 2017 will also be adjusted and supplemented in accordance with current regulations on environmental protection.
From a legal perspective, experts believe that Law on Environmental Protection 2020 and Decree 45/2022/ND-CP are created in accordance with the reality of today Vietnam socio-economic life. The new provisions are not only a clear and specific legal corridor to help state management agencies perform their functions and tasks effectively, but also help related organizations and individuals to more confidently making investment in economic development.
On the basis of appropriate regulations, harmoniously interest balancing between the State - enterprises - people, the legal and sub-law documents are developed closely. Accordingly, the State tends to focus on building legal institutions to solve difficulties and obstacles and creating favorable conditions for businesses and people to develop. However, to intentional violations, the State also increases the level of penalties to ensure deterrence.
Reported by Khanh Linh - Translated by Ngoc Huynh
