As informed in our article (paper version 2906) dated February 25th, the new regulations on sanctioning of environment protection violation have offered tougher fines to polluters. Today, we post the general points of possible fines on this issue.
Inspection results have shown that enterprises usually violate common commitments, reports of Environment Influence Assessment. Besides, the wrong-doings also included exceeding dust and air waste to the environment and non-standard solid waste management.
The Decree No. 117/2009/ND-CP approved by the government on December 31st, 2009 has detailed the fines as follow:
- Violation subjected to failing to observe environment commitment will be fined VND 2mln to VND 5mln; subjected to non-standard building or failing to operate built facilities to protect environment will be fined from VND 10mln to 15mln; subjected to failing to present environment commitment sheet will be fined from VND 15mln to 25mln.
- Violation subjected to failing to fulfill or wrongly fulfill the reports of approved Environment Influence Assessment will be fined from VND 40mln to VND 70mln. Installation, non-standard installation, or installation without using treating facilities to protect environment as the Environment Influence Assessment will be fined from VND 130mln to VND 170 mln. Failing to present approved sheet on Environment Influence Assessment by the authority will be fined from VND 200mln to VND 300mln.
- Violation subjected to exceeding waste water beyond specifications and standards will be fined accordingly to level of flow and pollution. Violation subjected to waste water being sent out lower than 10 cubic meters a day will be fined from VND 100,000 to VND 20mln; violation subjected to 10 cubic meters to level of 50 cubic meters of waste water being sent out a day will be fined from VND 500,000 to VND 50mln; violation subjected to level of 50 cubic meters to 500 cubic meters of waste water being sent out a day will be fined from VND 2mln to VND 100mln; violation subjected to level of 500 cubic meters to 2000 cubic meters of waste water being sent out a day will be fined from VND 10mln to VND 150mln; violation subjected to level of 2000 cubic meters to 5000 cubic meters of waste water being sent out a day will be fined from VND 20mln to VND 200mln; violation subjected to level of over 10,000 cubic meters of waste water being sent out a day will be fined from VND 100mln to VND 300mln. In case the waste water contains hazardous waste beyond specifications and standards, violators will be fined an addition 20 to 50% of the applied fines. Moreover, violators being fined from VND 200mln will be temporarily postponed.
- Violation subjected to exceeding waste air beyond specifications and standards will be fined accordingly to level of emission and pollution. Violation subjected to waste air being emitted lower than 500 cubic meters an hour will be fined from VND 1mln to VND 30mln; violation subjected to waste air being emitted at level of 500 cubic meters an hour to 2,000 cubic meter an hour will be fined from VND 2mln to VND 60mln; violation subjected to waste air being emitted at level of 2,000 cubic meters an hour to 8,000 cubic meter an hour will be fined from VND 8mln to VND 120mln; violation subjected to waste air being emitted at level of 8,000 cubic meters an hour to 20,000 cubic meter an hour will be fined from VND 20mln to VND 150mln; violation subjected to waste air being emitted at level of 20,000 cubic meters an hour to 60,000 cubic meter an hour will be fined from VND 40mln to VND 200mln; violation subjected to waste air being emitted at level of 60,000 cubic meters an hour to 100,000 cubic meter an hour will be fined from VND 60mln to VND 250mln violation subjected to waste air being emitted exceeding 100,000 cubic meter an hour will be fined from VND 80mln to VND 300mln. In case the waste air contains hazardous waste beyond specifications and standards, violators will be fined an addition 20 to 50% of the applied fines. Moreover, violators being fined from VND 200mln will be temporarily postponed.
- As for enterprises producing hazardous waste without registration for waste ownership will be fined from VND 40mln to VND 70mln. Failing to categorize and reserve hazardous waste as ruled but transfer, give, or sell to organization or individuals incompetent of management, transportation and processing will be fined from VND 100mln to VND 150mln.
- Violation without reporting will be fined from VND 10mln to VND 15mln.
- Delaying or failing to observe administrative sanctions authorized by competent individuals or agencies will be fined from VND 40mln to VND 50mln.
Reported by Ngoc Chau – Translated by Vi Bao
