Decree 45/2022/ND-CP providing penalties for administrative violations against regulations on environmental protection

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 45/2022/ND-CP dated July 07, 2022 of the Government providing penalties for administrative violations against regulations on environmental protection
Issuing body: GovernmentEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:45/2022/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:07/07/2022Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Administrative violation , Natural Resources - Environment

SUMMARY

From August 25, household fails to classify domestic solid wastes shall be fined up to VND 1 million

On July 07, 2022, the Government issues the Decree No. 45/2022/ND-CP providing penalties for administrative violations against regulations on environmental protection.

Accordingly, a fine of between VND 500,000 and VND 1,000,000 shall be imposed on households and individuals who fail to classify domestic solid waste as prescribed; or fail to use packaging for containing domestic solid waste as prescribed. Noticeably, owners of investment projects, owners or management boards of urban areas, apartment buildings and office buildings committing violations shall be imposed penalties as follows:

Firstly, a fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to arrange equipment, means and locations for conducting at-source classification, collection and storage of domestic solid waste as prescribed;

Secondly, a fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of failing to organize the collection of waste from households and individuals as prescribed; failing to arrange suitable domestic solid waste collection points within the premises of the investment projects as prescribed.

Besides, the Government also provides additional regulations on imposing the fine of between VND 200,000,000 and VND 250,000,000 on investors in construction of urban areas or concentrated residential areas that commit the following violations against regulations on environmental protection: Failing to have separate rainwater and wastewater drainage networks; Failing to have sanitation facilities meeting the environmental protection requirements in public places; Failing to ensure the green space, water surface, and open space as prescribed by the regulations in urban areas or concentrated residential areas, etc.

This Decree shall take effect from August 25, 2022.

For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THE GOVERNMENT

______

No. 45/2022/ND-CP

 

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_________________________

Hanoi, July 7, 2022

 

DECREE

Providing penalties for administrative violations against regulations on environmental protection

____________

 

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law dated November 13, 2020 Amending and Supplementing a Number of Articles of the Law on Handling of 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 Forces dated December 23, 2014;

At the proposal of the Minister of Natural Resources and Environment;

The Government hereby promulgates the Decree providing penalties for administrative violations against regulations on environmental protection.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree prescribes administrative violations, penalties, fine levels, remedial measures for administrative violations, powers to make records of administrative violations, powers to impose penalties for administrative violations against regulations on environmental protection.

2. Administrative violations against regulations on environmental protection specified in this Decree include:

a) Violations against regulations on environmental protection registration, environmental licenses, and environmental impact assessment;

b) Violations causing environmental pollution;

c) Violations against regulations on waste management;

d) Violations against regulations on environmental protection by production, business, and service establishments (hereinafter referred to as establishments) and industrial parks, export processing zones, hi-tech parks, and industrial production functional zones in economic zones (hereinafter referred to as concentrated production, business, and service zones), industrial clusters and craft villages;

dd) Violations against regulations on environmental protection in the import of machinery, equipment, vehicles, raw materials, and scraps; import and dismantlement of used seagoing ships; festival and tourism activities, and mining of minerals;

e) Violations against regulations on environmental protection in the management of persistent pollutants as well as raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants;

g) Violations against regulations on prevention, control and remedy of pollution, degradation, and waste disposal incidents; mitigation of greenhouse exhaust gas, protection of the ozone layer;

h) Violations related to nature and biodiversity conservation, including: regulations on protection of natural heritages, payment for natural ecosystem services, conservation and sustainable development of organisms and genetic resources

i) Violations against regulations on environmental observation; management of environmental information and data; provision and disclosure of environmental information; reports on environmental protection;

k) Acts of obstructing State management, inspection, examination and handling of administrative violations and other violations against regulations on environmental protection, as specified in Chapter II of this Decree.

Article 2. Subjects of application

1. Domestic, foreign individuals and organizations (hereinafter referred to as individuals and organizations) that commit administrative violations against regulations on environmental protection within the contiguous territory or territorial sea, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft bearing Vietnamese nationality, seagoing ships flying the Vietnamese flag, unless otherwise provided for in an international treaty to which the Socialist Republic of Vietnam is a contracting party, shall be imposed penalties as specified in this Decree or other related Decrees.

2. Households, business households, and residential communities that violate the provisions of this Decree shall be imposed the same penalties as individual violators.

3. Organizations subject to penalties for administrative violations against regulations on environmental protection under this Decree include:

a) Private enterprises, joint stock companies, limited liability companies, partnerships, and their affiliated units (branches, representative offices, business locations) that are established in accordance with the Law on Enterprises;

b) Cooperatives and unions of cooperatives that are established in accordance with the Law on Cooperatives;

c) Foreign institutional investors, foreign-invested economic organizations, Vietnam-based representative offices and branches of foreign traders and Vietnam-based representative offices of foreign trade promotion organizations that are established in accordance with the Law on Investment; foreign legal entities operating in the maritime zones of Vietnam.

d) State agencies committing acts beyond the scope of their assigned State management duties;

dd) Socio-political organizations and socio-professional organizations;

e) Non-business units;

g) Cooperative groups;

h) Other organizations established in accordance with the law provisions.

4. Persons with the powers to make administrative violation records; persons with the powers to impose penalties for administrative violations against regulations on environmental protection; other agencies and organizations related to environmental protection activities as specified in this Decree.

Article 3. Interpretation of terms

The terms used in this Decree are construed as follows:

1. Discharging wastewater into the environment means the discharge of wastewater of all kinds, by organizations and individuals, into soil, groundwater, and surface water, inside and outside business establishments, concentrated production, business or service zones.

2. Emitting dust and exhaust gas into the environment means the generation of dust and exhaust gas into the air environment by organizations and individuals.

3. Hazardous environmental parameters (pollution parameters) of wastewater mean environmental parameters named in national technical regulations on hazardous waste limits, detailed in Section I of the Appendix to this Decree.

4. Hazardous environmental parameters (pollution parameters) of exhaust gas and air environment mean the environmental parameters specified in the national technical regulations on hazardous substances in ambient air and some other parameters named in the national technical regulations on waste, detailed in Section II of the Appendix to this Decree.

5. Normal environmental parameters (pollution parameters) mean the environmental parameters specified in the national technical regulations on waste and surrounding environment, other than those specified in Clause 3 and Clause 4 of this Article.

6. Illegal exploitation of organisms means the acts of hunting, fishing, trapping, picking, gathering, and keeping with the aim to obtain organisms (including animals, plants, fungi, and microorganisms), parts or derivatives of animals and plants without the permission of competent State agencies or in excess of the permissible quantity in the exploitation license granted by a competent State agency.

7. Public places mean parks, amusement parks, entertainment areas, concentrated business and service zones, markets, railway stations, bus stations, piers, harbors, ferries, and places serving the needs of many people.

8. Natural heritage destruction of means the act of destroying the landscape, changing the structure of the natural ecosystem, and reducing the composition of flora and fauna; blocking the path thereto, causing damage to the breeding and spawning grounds of aquatic species; altering the original constituents, damaging scenic spots against the law provisions on cultural heritages; affecting the living environment of aquatic species and protected marine areas against the law provisions on fisheries.

9. Natural heritage encroachment means the illegal construction of works or houses; carrying out activities of preservation, renovation, and restoration of scenic spots against the law provisions on cultural heritages; encroaching or occupying forests, illegally exploiting forests and forest resources, providing illegal services, and doing businesses in forests against the law provisions on forestry.

Article 4. Penalties, fine levels and remedial measures

1. Main penalties and fine levels:

Individuals and organizations that commit administrative violations against regulations on environmental protection shall be subject to one of the following main penalties:

a) Warning;

b) A maximum fine for one administrative violation against regulations on environmental protection is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations.

2. Additional penalties:

a) Deprivation of the right to use environmental licenses; certificates of eligibility for providing environmental observation services; licenses for access to genetic resources; licenses for genetically modified organism (GMO) testing; decisions on recognition of laboratories for genetically modified organism study; decisions on recognition of GMO testing facilities (hereinafter referred to as licenses) or suspension of the operation as prescribed in Clause 2, Article 25 of the Law on Handling of Administrative Violations for a definite period of between 01 month and 24 months from the effective date of the decisions to impose penalties on the administrative violations;

b) Confiscation of material evidence of administrative violations and means used to commit administrative violations against regulations on environmental protection (hereinafter collectively referred to as material evidence and means of administrative violation); confiscation of valuable products after destruction and disposal in accordance with the law provisions;

c) Suspension of the operation or deprivation of the right to use environmental licenses for a definite period of time shall be imposed on establishments providing public products and services through the State’s task assignment, order placement or bidding in accordance with the provisions of this Decree, unless their violations do not cause environmental pollution, or such establishments have stopped committing the violations or have completely remedied the consequences caused by their administrative violations. The time of suspension of the operation or deprivation of the right to use environmental licenses shall start from the date when a State agency assigns a task, places an order or bids to assign a task, appoints a unit or selects another contractor to provide public products and services.

3. In addition to the penalties specified in Clauses 1 and 2 of this Article, individuals and organizations that commit administrative violations against regulations on environmental protection may also be subject to remedial measure(s) within a time limit set by the persons with powers to impose penalties, as follows:

a) Forcible restoration of the original environmental conditions or remediation of the environment in accordance with the regulations; forcible restoration of the original state as before the administrative violations are committed;

b) Forcible demolition of construction works, and facilities built in contravention of regulations on environmental protection with the purpose to discharge untreated waste into the environment; forcible demolition of construction works and facilities built to dilute waste, and treatment of waste to meet the technical regulations on waste; forcible demolition and relocation of construction works and plants; forcible demolition of illegally-built construction works and houses;

c) Forcible application of measures to remedy the environmental pollution in accordance with the regulations; forcible application of measures to reduce noise to the permissible limits specified in the technical regulations; forcible application of measures to minimize vibration to meet the technical regulations;

d) Forcible re-export of used machinery, equipment, means of transport, seagoing ships, raw materials, fuels, materials, scraps, and waste imported from abroad; forcible re-export of all illegally imported invasive alien species out of the territory of the Socialist Republic of Vietnam; forcible re-export of consignments containing genetically modified organisms or genetic specimens thereof out of the territory of the Socialist Republic of Vietnam;

dd) Forcible destruction of used machinery, equipment, means of transport, seagoing ships, raw materials, fuels, materials, scraps, and waste imported from abroad; forcible disposal of all invasive alien species; destruction of all genetically modified organisms for which licenses for GMO testing or certificates of biosafety have not been granted; forcible destruction of substances and equipment, products that contain or are manufactured from prohibited controlled substances; forcible destruction of all genetically modified organisms and genetic specimens thereof;

e) Forcible correction of untruthful or misleading information about the current state of the environment;

g) Forcible refund of illicit profits earned by committing administrative violations or money amounts equivalent to the value of material evidence or means of administrative violation which have been illegally sold, dispersed or destroyed.

For administrative violations specified at: 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 generating untreated wastewater into the environment, the illicit profits shall be equal to the total volume in m3 of untreated wastewater already discharged into the environment within the time of violation (if such volume of discharged wastewater cannot be determined, it can be based on the maximum daily and night flows, which are recorded in the documents in an order of priority as follows: inspection conclusion, audit result, environmental license application or component environmental license, environmental impact assessment report) multiplied by the wastewater treatment service price (VND/m3) in the province promulgated by the People 's Committee of such province (in the cases where the People's Committee of the province does not promulgated such service price, the wastewater treatment service price of the industrial park nearest to the violating organization).

For administrative violations specified at: 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 generating untreated exhaust gas into the environment, the illicit profits shall be equal to the exhaust gas flow in m3/hour in the cases where the exhaust gas treatment system is not installed or does not operate, the exhaust gas flow shall be based on the maximum flow per hour, which are recorded in the documents in an order of priority as follows: inspection conclusion, audit result, environmental license application or component environmental license, environmental impact assessment report) multiplied by the time of violation (in hours) and the cost (in VND/m3) for operating the exhaust gas treatment system for one hour, including: electricity, water, labor, chemicals and consumables.

For administrative violations specified in Clauses 2, 3, 4 Article 16; Point a Clauses 4 and 5, Article 17; Clauses 4 and 7 Article 46, the illegal profits shall be equal to the total amount of money that an organization or individual earns from committing a violation.

h) Forcible return of results from illegal access to genetic resources; forcible cancellation of results of the appraisal of greenhouse gas inventory reports or greenhouse exhaust gas reduction reports;

i) Forcible application of measures to safely collect, store and manage in accordance with the regulations persistent pollutants as well as imported, manufactured, and used raw materials, fuels, materials, products, goods, and equipment containing persistent pollutants, and submission of reports stating that the consequences of violations have been remedied;

k) Forcible transfer of wastes to treatment works; forcible transfer of substances and equipment, products that contain or are manufactured from controlled substances, which need to be treated in accordance with the regulations, to the treatment works and payment of all costs incurred;

l) Collection of underpaid or evaded environmental protection charges; forcible payment of expenses for soliciting assessment, inspection, measurement and analysis of environmental samples; forcible making of environmental protection deposits; forcible purchase of liability insurance for environment-related damage; forcible payment of expenses for waste disposal incident response and environmental restoration; forcible compensation for damage caused by oil pollution in accordance with the regulations; forcible payment of all charges for using natural ecosystem services and late payment interest (if any) in proportion to the amount and time of late payment within 01 month; forcible contribution of the remaining money to the provincial-level environmental protection fund or the Vietnam Environmental Protection Fund, if such locality does not have a provincial-level environmental protection fund, within 6 months; forcible remittance of the money used for improper purposes within 01 month; forcible contribution of the recycling support amount in proportion to the unfinished mandatory recycling rate or the recycling support amount in proportion to the recycling rate that does not meet the mandatory recycling criteria to the Vietnam Environmental Protection Fund; forcible contribution of the recycling support arrears to the Vietnam Environment Protection Fund; forcible contribution of the recycling support amount in proportion to the mandatory recycling rate and criteria to the Vietnam Environment Protection Fund; forcible termination of recycling contracts or recycling authorization contracts, and contribution of the support amount in proportion to the mandatory recycling rate and criteria to the Vietnam Environment Protection Fund in order to fulfill its recycling responsibilities; forcible payment of the waste treatment support arrears to the Vietnam Environmental Protection Fund;

m) Forcible relocation of projects or establishments to locations in accordance with the environmental planning and zoning, and the environment's load capacity approved by competent agencies, for the violations in which the locations where the projects or establishments are being implemented does not conform to the environmental planning and zoning, and the environment’s capacity approved by the competent agencies in accordance with the regulations; forcible construction and installment of environmental protection works as prescribed by the regulations;

n) Forcible preparation of a greenhouse gas inventory report or a report on the reduction of greenhouse exhaust gas for the year(s) in which the submission of such report is delayed or the submitted report is incomplete and payment of all costs incurred, if any; forcible formulation of safe collection, transportation and storage procedures in accordance with the regulations; forcible formulation of payment scheme for natural ecosystem services at the grassroots level within 06 months; forcible making of reports on the results of remedying the consequences of violations in accordance with the regulations;

o) Forcible provision of truthful and sufficient information in the greenhouse gas inventory report or greenhouse exhaust gas reduction report; forcible disclosure of the approved environmental impact assessment report in accordance with the regulations; forcible disclosure of information about products and packages they manufacture or import in accordance with the regulations; forcible registration of recycling plans, submission of declarations of recycling support contributions and reports on recycling results in accordance with the regulations; forcible provision and disclosure of information; forcible submission of environmental protection reports to competent State agencies; forcible submission of declarations of waste treatment support contributions in accordance with the regulations.

4. The remedial measures specified at Points a, c, g and l, Clause 3 of this Article shall not be applied when there are not enough grounds for determining the consequences, the earned illicit profits, or the underpaid or evaded environmental protection charges as prescribed by the regulations due to such administrative violations.

Article 5. Statute of limitations for imposing penalties on administrative violations

1. The statute of limitations for imposing penalties on administrative violations against regulations on environmental protection is 02 years.

2. The start of the statute of limitations for imposing penalties on administrative violations in this Decree, which are being committed or have ended, are specified as follows:

a) The statute of limitations for the violations 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, 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, i, Clause 4, and Clause 6, Article 15, and Article 38 of this Decree, if they are being committed, shall start from the time the on-duty persons detect the violations;

b) The statute of limitations for the violations specified at Point b, Clause 1, Point b, Clause 2, 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, if they are being committed, shall start from the time when the organizations or individuals must publicize information or submit periodical reports in accordance with the regulations;

c) The statute of limitations for the violations specified in Articles 18, 19, 20, 21, 22, 23 of this Decree, if they are completed, shall start from the time of sampling;

d) The statute of limitations for the violations specified in Clause 2, Article 25 of this Decree, if they are completed, shall start from the time the violations are completed;

dd) Unless otherwise specified at Points a, b, c and d of this Clause, other violations specified in this Decree shall have the statute of limitations for imposing penalties therefor determined by the persons with powers to impose penalties in accordance with Point b, Clause 1, Article 6 of the Law on Handling of Administrative Violations.

Article 6. Fine levels and powers to impose penalties

1. The maximum fine level for an administrative violation against regulations on environmental protection shall comply with the law provisions on handling of administrative violations.

2. The fine level for administrative violations specified in Chapter II of this Decree is the one applicable to administrative violations committed by individuals. For organizations committing with the same violations, the fine level shall be 2 times higher than that for individuals.

3. The powers to impose penalties on administrative violations of the persons specified in Articles 56 to 67 of this Decree is the powers applicable to administrative violations committed by individuals. The power to impose fines for organizations is double that for individuals.

If the aggravating penalties are imposed for environmental parameters in excess of the permissible limits specified in the technical regulations for the same waste sample, the power to impose penalties on administrative violations shall be identified based on the violation with the highest fine level regarding such waste sample, including the aggravating penalties.

7. Application of environmental technical regulations and use of environmental parameters for determination of administrative violations and seriousness of violations against regulations on environmental protection; principles of imposing penalties for some administrative violations against regulations on environmental protection

1. When individuals or organizations discharge wastes into the environment, the national technical regulations shall be used to determine administrative violations against regulations on environmental protection and seriousness of such violations; in the cases where both national and local technical regulations are available, the local ones shall prevail (hereinafter referred to as technical regulations).

2. The times of in excess of the permissible limits specified in the environmental technical regulations means the highest value determined by dividing the results obtained by technical and professional means and equipment, the results of assessment, inspection, observation, supervision, measurement, and analysis of certain environmental parameters of waste samples or surrounding environment samples by the maximum permissible value of such parameters as specified in the environmental technical regulations.

3. When imposing fines for discharging wastewater (Article 18 and Article 19 of this Decree) or emitting dust and exhaust gas (Article 20 and Article 21 of this Decree) in excess of the permissible limits specified in the environmental technical regulations, if the discharged wastewater or emitted dust and exhaust gas contain both hazardous and normal environmental parameters in excess of the permissible limits specified in technical regulations or the pH value thereof exceeds the permissible limits specified in the technical regulations, the environmental parameter of such wastewater sample or dust and exhaust gas sample, which commits the violation with the highest fine level, shall be used to determine the fine; if the fine levels thereof are equal, the hazardous parameter shall be used to determine the violation.

Other environmental parameters of the same waste sample in excess of the permissible limits specified in the technical regulations shall be fined 10% - 50% more than the highest fine level selected to be imposed for the violation related to each of such environmental parameters, but the total fine for each violation shall not exceed the prescribed maximum fine level.

In the cases where a business establishment or a concentrated production, business or service zone has many points of discharging wastewater or dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations, an appropriate fine shall be imposed on each point of discharge.

4. The discharge volume of wastewater 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 the cases where the amount of discharged wastewater cannot be determined, the discharge volume shall be calculated in accordance with the wastewater flow at the time of sampling multiplied by 24 hours. In case of wastewater discharged into soil, groundwater, or surface water (ponds, lakes, pits, etc. within the premises of the establishment), when calculating the number of times exceeding technical regulations on waste, the value of the receiving source (Kq) shall be equal to 0.6 in accordance with such technical regulations; if the technical regulations do not use the value of the receiving source (Kq) but are based on the environmental zoning, the limits of the pollution parameters shall be applied on the basis of the strictly protected environmental zone.

Article 8. Use of results and data obtained from technical means and equipment in detecting and imposing penalties on administrative violations against regulations on environmental protection

1. The use of professional technical means and equipment, and data obtained from technical means and equipment provided by individuals or organizations to detect administrative violations against regulations on environmental protection shall be carried out in accordance with the Decree on the list, management and use of professional technical means and equipment and the process of collecting and using data obtained from technical means and equipment provided by individuals and organizations to detect administrative violations. Results obtained by using technical means and equipment shall be compared with the maximum permissible concentration of environmental parameters specified in the current technical regulations in order to determine administrative violations.

2. In addition to data directly collected by competent agencies and persons from the use of professional technical means and equipment as prescribed by the regulations, agencies and persons with the powers to impose penalties for administrative violations against regulation on environmental protection may use the results of testing, calibration, inspection, verification, measurement and analysis of environmental samples and data provided by the following individuals and organizations to detect and determine behavior administrative violations:

a) Organizations that are granted certificates of eligibility for providing environmental observation services in accordance with the law provisions;

b) Environmental inspection, assessment and observation organizations that are established by competent State agencies, qualified and designated by competent agencies in accordance with specialized law provisions;

c) Results obtained from the continuous and automatic observation system of wastewater and exhaust gas of an organization or individual, which are tested, inspected or calibrated by a competent agency as prescribed by the law provisions in the cases where a continuous and automatic observation system must be installed, and data obtained from such system must be transmitted directly to the provincial-level Department of Natural Resources and Environment for inspection and supervision.

3. Concerned individuals and organizations shall be responsible for cooperating with competent agencies and persons in using data collected from technical means and equipment to identify violators and violations against regulations on environmental protection.

 

Chapter II

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON ENVIRONMENTAL PROTECTION, PENALTIES, FINE LEVELS AND REMEDIAL MEASURES

 

Article 9. Violations against regulations on environmental protection registration

1. Violations against regulations on environmental protection registration for investment projects or establishments that are not required to make environmental impact assessment reports shall be imposed penalties as follows:

a) A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for failing to perform or improperly or incompletely performing the commitment or plans for waste collection, management, and treatment in the environmental protection registration that has been received by a competent State agency, other than violations against regulations on ordinary solid waste and hazardous waste;

b) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failing to submit the environmental protection registration on time in accordance with the regulations; failing to register the environmental protection plans with all contents of waste types, generated waste volumes and solutions for waste collection, management and treatment of the investment projects or establishments; failing re-register the environmental protection plans in accordance with the regulations.

2. Violations against regulations on implementation of environmental protection registration contents for projects or establishments that must make environmental impact assessment reports which the provincial-level People’s Committees have the powers to approve, or projects or establishments that the Ministry of National Defence or the Ministry of Public Security has the power to approve but they have the environmental criteria equivalent to those which the provincial-level People’s Committees have the powers to approve, shall be imposed penalties as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failing to perform or improperly or incompletely performing the commitment or plans for waste collection, management, and treatment in the environmental protection registration that has been received by a competent State agency, other than violations against regulations on ordinary solid waste and hazardous waste;

b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to submit the environmental protection registration on time in accordance with the regulations; failing to register the environmental protection plans with all contents of waste types, generated waste volumes and solutions for waste collection, management and treatment of the investment projects or establishments; failing re-register the environmental protection plans in accordance with the regulations.

3. Violations against regulations on implementation of environmental protection registration contents for projects or establishments that must make environmental impact assessment reports which the Ministry of Natural Resources and Environment has the power to approve, or projects or establishments that the Ministry of National Defence or the Ministry of Public Security has the power to approve but they have the environmental criteria equivalent to those which the Ministry of Natural Resources and Environment has the power to approve, shall be imposed penalties as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to perform or improperly or incompletely performing the commitment or plans for waste collection, management, and treatment in the environmental protection registration that has been received by a competent State agency, other than violations against regulations on ordinary solid waste and hazardous waste;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to submit the environmental protection registration on time in accordance with the regulations; failing to register the environmental protection plans with all contents of waste types, generated waste volumes and solutions for waste collection, management and treatment of the investment projects or establishments; failing re-register the environmental protection plan in accordance with the regulations.

Article 10. Violations against regulations on environmental impact assessment

1. Violations against regulations on implementation of decisions approving results of the environmental impact assessment report appraisal which the provincial-level People’s Committees have the powers to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve, regarding projects with environmental criteria equivalent to those which the provincial-level People’s Committees have the powers to approve, shall be imposed penalties as follows:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to notify in writing the completion of environmental protection works as prescribed by the regulations to the agencies that have approved the results of the environmental impact assessment report appraisal before putting the projects into official operation, in the cases where the investment projects do not require environmental licenses;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to publicize the approved environmental impact assessment reports in accordance with the regulations;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to adjust or supplement the contents of the investment projects and the environmental impact assessment reports in order to make them conformable to the environmental protection contents and requirements stated in the decisions approving the results of the environmental impact assessment report appraisal;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for improperly or incompletely implementing one of the contents of the decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations, except for the violations against regulations on environmental observation and supervision; prevention and response to waste disposal incidents and cases specified at Points dd, e, g of this Clause;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failing to comply with the decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations, except for the violations against regulations on environmental observation and supervision; prevention and response to waste disposal incidents and the provisions of Points e and g of this Clause;

e) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for failing to report to competent State agencies as prescribed by the regulations for consideration and approval of the changes as prescribed at Point b, Clause 4, Article 37 of the Law on Environmental Protection during the process of granting environmental licenses, for investment projects that require such licenses;

g) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or infrequently or improperly operating waste treatment works; failing to construct and install, or improperly constructing and installing works for waste treatment, works or measures for noise or vibration reduction, light or heat radiation control as prescribed by the regulations during the construction and project implementation phase, for projects that generate waste, noise, vibration, light, or heat radiation.

2. Violations against regulations on implementation of decisions approving results of the environmental impact assessment report appraisal which the Ministry of Natural Resources and Environment has the power to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve, regarding projects with environmental criteria equivalent to those which the Ministry of Natural Resources and Environment has the power to approve, shall be imposed penalties as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to notify in writing the completion of environmental protection works as prescribed by the regulations to the agencies that have approved the results of the environmental impact assessment report appraisal before putting the projects into official operation, in the cases where the investment projects do not require environmental licenses;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to publicize the approved environmental impact assessment reports in accordance with the regulations;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to adjust or supplement the contents of the investment projects and the environmental impact assessment reports in order to make them conformable to the environmental protection contents and requirements stated in the decisions approving the results of the environmental impact assessment report appraisal;

d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for improperly or incompletely implementing one of the contents of the decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations, except for the violations against regulations on environmental observation and supervision; prevention and response to waste disposal incidents and cases specified at Points dd, e, g of this Clause;

dd) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for failing to comply with the decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations, except for the violations against regulations on environmental observation and supervision; prevention and response to waste disposal incidents and the provisions of Points e and g of this Clause;

e) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to report to competent State agencies as prescribed by the regulations for consideration and approval of the changes as prescribed at Point b, Clause 4, Article 37 of the Law on Environmental Protection during the process of granting environmental licenses, for investment projects that require such licenses;

g) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or infrequently or improperly operating waste treatment works; failing to construct and install, or improperly constructing and installing works for waste treatment, works or measures for noise or vibration reduction, light or heat radiation control as prescribed by the regulations during the construction and project implementation phase, for projects that generate waste, noise, vibration, light, or heat radiation.

3. Additional penalties:

a) Suspension of construction activities that generate wastes for a definite period of between 01 month and 03 months in order to remedy the consequences thereof, for the violations specified at Point g, Clause 1 of this Article;

b) Suspension of construction activities that generate waste for a definite period of between 03 and 06 months to remedy the consequences thereof, for the violations prescribed at Point g, Clause 2 of this Article is committed.

4. Remedial measures:

a) Forcible publication of the approved environmental impact assessment reports in accordance with the regulations, for the violations specified at Point b, Clause 1, Point b, Clause 2 of this Article;

b) Forcible demolition of works and facilities built in contravention of regulations on environmental protection in order to discharge untreated waste into the environment, for the violations specified at Point g, Clause 1, and Point g, Clause 2 of this Article;

c) Forcible remittance of illicit profits obtained from constructing or installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or infrequently or improperly operating waste treatment works; failing to construct and install, or improperly constructing and installing waste treatment works as prescribed at Point g, Clause 1; Point g, Clause 2 of this Article.

Article 11. Violations against regulations on environmental licenses

1. Violations against regulations on the implementation of environmental licenses which the district-level People’s Committees have the powers to grant, or the implementation of environmental licenses which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the district-level People’s Committees have the powers to grant environmental licenses, unless otherwise specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, shall be imposed the penalties as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failing to report to the licensors the change in the contents of the granted licenses for consideration and settlement in accordance with the regulations; submitting dossiers of application for environmental licenses beyond the prescribed deadline;

b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to publicize the environmental licenses in accordance with the regulations;

c) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for improperly or incompletely performing one of the contents of the environmental licenses, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, dd, e and g of this Clause;

d) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed;

dd) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for providing inaccurate or untruthful information on the completion of environmental protection works or measures in the proposals for granting environmental licenses to investment projects that have had decisions approving the results of the environmental impact assessment report appraisal before putting them into trial operation in accordance with the regulations; failing to grant, change or adjust environmental licenses in accordance with the regulations; failing to comply with the contents of the environmental licenses as prescribed by the regulations, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, c, e and g of this Clause;

e) A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed for failing to obtain re-granted environmental licenses in accordance with the regulations;

g) A fine of between VND 35,000,000 and VND 40,000,000 shall be imposed for failing to operate or irregularly or improperly operating the waste treatment works; constructing and installing waste treatment works in contravention of the environmental licenses;

h) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to construct and install environmental protection works as prescribed by the regulations.

2. Violations against regulations on the implementation of environmental licenses which the provincial-level People’s Committees have the powers to grant, or the implementation of environmental licenses which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the provincial-level People’s Committees have the powers to grant environmental licenses, unless otherwise specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, shall be imposed the penalties as follows:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to report to the licensors the change in the contents of the granted licenses for consideration and settlement in accordance with the regulations; submitting dossiers of application for environmental licenses beyond the prescribed deadline;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to publicize the environmental licenses in accordance with the regulations;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for improperly or incompletely performing one of the contents of the environmental licenses, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, dd, e and g of this Clause;

d) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed;

dd) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for providing inaccurate or untruthful information on the completion of environmental protection works or measures in the proposals for granting environmental licenses to investment projects that have had decisions approving the results of the environmental impact assessment report appraisal before putting them into trial operation in accordance with the regulations; failing to grant, change or adjust environmental licenses in accordance with the regulations; failing to comply with the contents of the environmental licenses as prescribed by the regulations, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, c, e and g of this Clause;

e) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for failing to obtain re-granted environmental licenses in accordance with the regulations;

g) A fine of between VND 170,000,000 and VND 200,000,000 shall be imposed for failing to operate or irregularly or improperly operating the waste treatment works; constructing and installing waste treatment works in contravention of the environmental licenses;

h) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to construct and install environmental protection works as prescribed by the regulations.

3. Violations against regulations on the implementation of environmental licenses which the Ministry of Natural Resources and Environment has the power to grant, or the implementation of environmental licenses which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the Ministry of Natural Resources and Environment has the powers to grant environmental licenses, unless otherwise specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, shall be imposed the penalties as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to report to the licensors the change in the contents of the granted licenses for consideration and settlement in accordance with the regulations; submitting dossiers of application for environmental licenses beyond the prescribed deadline;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to publicize the environmental licenses in accordance with the regulations;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for improperly or incompletely performing one of the contents of the environmental licenses, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, dd, e and g of this Clause;

d) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed;

dd) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for providing inaccurate or untruthful information on the completion of environmental protection works or measures in the proposals for granting environmental licenses to investment projects that have had decisions approving the results of the environmental impact assessment report appraisal before putting them into trial operation in accordance with the regulations; failing to grant, change or adjust environmental licenses in accordance with the regulations; failing to comply with the contents of the environmental licenses as prescribed by the regulations, except for the violations against regulations on environmental observation; prevention and response to waste disposal incidents and cases specified at Points a, b, c, e and g of this Clause;

e) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for failing to obtain re-granted environmental licenses in accordance with the regulations;

g) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for failing to operate or irregularly or improperly operating the waste treatment works; constructing and installing waste treatment works in contravention of the environmental licenses;

h) A fine of between VND 800,000,000 and VND 1,000,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to construct and install environmental protection works as prescribed by the regulations.

4. Additional penalties:

Deprivation of the right to use the environmental licenses for a definite period of between 03 and 06 months in order to remedy the consequences thereof, for the violations specified at Point h, Clause 1, Point h, Clause 2 and Point h, Clause 3 of this Article.

5. Remedial measures:

a) Forcible demolition of works and facilities built in contravention of regulations on environmental protection in order to discharge untreated wastes into the environment, for the violations specified at Point h, Clause 1, and Point h, Clause 2; and Point h, Clause 3 of this Article;

b) Forcible remittance of illicit profits earned by committing violations as prescribed at Points g and h, Clause 1, Points g and h, Clause 2 and Points g and h, Clause 3 of this Article.

Article 12. Violations against regulations on trial operation of waste treatment works of investment projects

1. Violations against regulations on trial operation of waste treatment works of investment projects to which the district-level People's Committees have the powers to grant environmental licenses or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant environmental licenses to the subject equivalent to which the district-level People’s Committees have the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to notify competent agencies of the plans on trial operation of waste treatment works or work items of the investment projects or establishments in accordance with the regulations; failing to have operation logbooks or failing to fully record therein information of the trial operation of the waste treatment works in accordance with the regulations; failing to coordinate with the provincial-level environmental protection agencies of the localities where the projects are implemented to inspect and supervise the trial operation in accordance with the regulations;

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to stop the operation, reduce the capacity of investment projects or failing to inspect waste treatment works and facilities, and the operation processes of the waste treatment system to determine the causes of pollution or failing to renovate, upgrade or build additional waste treatment works to meet the requirements of environmental protection as prescribed by the regulations in the cases where the waste discharged into the environment does not meet environmental technical regulations on waste during trial operation of waste treatment works;

c) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for failing to prepare or send reports on trial operation results regarding the investment projects or establishments to the agencies with the powers to grant environmental licenses as prescribed by the regulations;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to conduct or re-conduct trial operation of the waste treatment works in accordance with the regulations; conducting trial operation of waste treatment works beyond the prescribed time without written notification of the trial operation extension; failing to implement, improperly or inadequately implementing the waste monitoring program (in terms of parameters, location, and frequency of monitoring) or coordinating with organizations ineligible for providing environmental observation services to monitor waste and evaluate the efficiency of waste treatment works during the trial operation against the regulations; failing to monitor and oversee the results of automatic and continuous observation of wastewater, dust, and exhaust gas, or failing to connect and transmit data to the specialized environmental protection agency of the province where the project is implemented, if such project requires automatic observation of wastewater, dust, and exhaust gas;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failing to immediately stop the trial operation of waste treatment works or failing to promptly report to the agencies granting the environmental licenses or the competent State agencies in case of causing environmental incidents or environmental pollution.

2. Violations against regulations on trial operation of waste treatment works of investment projects to which the provincial-level People's Committees have the powers to grant environmental licenses or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant environmental licenses to the subject equivalent to which the provincial-level People’s Committees have the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to notify competent agencies of the plans on trial operation of waste treatment works or work items of the investment projects or establishments in accordance with the regulations; failing to have operation logbooks or failing to fully record therein information of the trial operation of the waste treatment works in accordance with the regulations; failing to coordinate with the provincial-level environmental protection agencies of the localities where the projects are implemented to inspect and supervise the trial operation in accordance with the regulations;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to stop the operation, reduce the capacity of investment projects or failing to inspect waste treatment works and facilities, and the operation processes of the waste treatment system to determine the causes of pollution or failing to renovate, upgrade or build additional waste treatment works to meet the requirements of environmental protection as prescribed by the regulations in the cases where the waste discharged into the environment does not meet environmental technical regulations on waste during trial operation of waste treatment works;

c) A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for failing to prepare or send reports on trial operation results regarding the investment projects or establishments to the agencies with the powers to grant environmental licenses as prescribed by the regulations;

d) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to conduct or re-conduct trial operation of the waste treatment works in accordance with the regulations; conducting trial operation of waste treatment works beyond the prescribed time without written notification of the trial operation extension; failing to implement, improperly or inadequately implementing the waste monitoring program (in terms of parameters, location, and frequency of monitoring) or coordinating with organizations ineligible for providing environmental observation services to monitor waste and evaluate the efficiency of waste treatment works during the trial operation against the regulations; failing to monitor and oversee the results of automatic and continuous observation of wastewater, dust, and exhaust gas, or failing to connect and transmit data to the specialized environmental protection agency of the province where the project is implemented, if such project requires automatic observation of wastewater, dust, and exhaust gas;

dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to immediately stop the trial operation of waste treatment works or failing to promptly report to the agencies granting the environmental licenses or the competent State agencies in case of causing environmental incidents or environmental pollution.

3. Violations against regulations on trial operation of waste treatment works of investment projects to which the Ministry of Natural Resources and Environment has the power to grant environmental licenses or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant environmental licenses to the subject equivalent to which the Ministry of Natural Resources and Environment has the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to notify competent agencies of the plans on trial operation of waste treatment works or work items of the investment projects or establishments in accordance with the regulations; failing to have operation logbooks or failing to fully record therein information of the trial operation of the waste treatment works in accordance with the regulations; failing to coordinate with the provincial-level environmental protection agencies of the localities where the projects are implemented to inspect and supervise the trial operation in accordance with the regulations;

b) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to stop the operation, reduce the capacity of investment projects or failing to inspect waste treatment works and facilities, and the operation processes of the waste treatment system to determine the causes of pollution or failing to renovate, upgrade or build additional waste treatment works to meet the requirements of environmental protection as prescribed by the regulations in the cases where the waste discharged into the environment does not meet environmental technical regulations on waste during trial operation of waste treatment works;

c) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to prepare or send reports on trial operation results regarding the investment projects or establishments to the agencies with the powers to grant environmental licenses as prescribed by the regulations;

d) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to conduct or re-conduct trial operation of the waste treatment works in accordance with the regulations; conducting trial operation of waste treatment works beyond the prescribed time without written notification of the trial operation extension; failing to implement, improperly or inadequately implementing the waste monitoring program (in terms of parameters, location, and frequency of monitoring) or coordinating with organizations ineligible for providing environmental observation services to monitor waste and evaluate the efficiency of waste treatment works during the trial operation against the regulations; failing to monitor and oversee the results of automatic and continuous observation of wastewater, dust, and exhaust gas, or failing to connect and transmit data to the specialized environmental protection agency of the province where the project is implemented, if such project requires automatic observation of wastewater, dust, and exhaust gas;

dd) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for failing to immediately stop the trial operation of waste treatment works or failing to promptly report to the agencies granting the environmental licenses or the competent State agencies in case of causing environmental incidents or environmental pollution.

4. Additional penalties:

a) Suspension of the operation related to establishments’ works undergoing trial operation for a definite period of between 01 month and 03 months to remedy the consequences thereof, for the violations specified at Points b, dd, Clause 1, Point b, Clause 2 and Point b, Clause 3 of this Article;

b) Suspension of the operation related to establishments’ works undergoing trial operation for a definite period of between 03 and 06 months to remedy the consequences thereof, for the violations specified at Point dd, Clause 2 and Point dd, Clause 3 of this Article.

5. Remedial measures:

Forcible application of measures to remedy the environmental pollution in accordance with the regulations and submission of reports on the results of overcoming the consequences of the violations within the time limit set by the persons with powers to impose penalties in the decisions to impose the penalties for the violations specified at Points b and dd, Clause 1, Points b and dd, Clause 2 and Points b and dd, Clause 3 of this Article.

Article 13. Violations against regulations on environmental protection in the cases where decisions approving the results of environmental impact assessment report appraisal as prescribed by the regulations have not been made

1. Violations against regulations on environmental protection, other than those specified in Article 14 of this Decree, which are committed during the construction or operation of investment projects or establishments that must make environmental impact assessment reports which the provincial-level People's Committees have the powers to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve but they have the environmental criteria equivalent to those which the provincial-level People’s Committees have the powers to approve, shall be imposed penalties as follows:

a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for failing to have works or measures to reduce noise and vibration, control light or heat radiation in accordance with the regulations; constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or irregularly operating environmental protection works in accordance with the regulations;

b) A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for failing to have waste collection and treatment works and measures satisfying environmental protection requirements as prescribed by the regulations;

c) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for failing to obtain decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations.

2. Violations against regulations on environmental protection, other than those specified in Article 14 of this Decree, which are committed during the construction or operation of investment projects or establishments that must make environmental impact assessment reports which the Ministry of Natural Resources and Environment has the power to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve but they have the environmental criteria equivalent to those which the Ministry of Natural Resources and Environment has the powers to approve, shall be imposed penalties as follows:

a) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to have works or measures to reduce noise and vibration, control light or heat radiation in accordance with the regulations; constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or irregularly operating environmental protection works in accordance with the regulations;

b) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for failing to have waste collection and treatment works and measures satisfying environmental protection requirements as prescribed by the regulations;

c) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for failing to obtain decisions approving the results of the environmental impact assessment report appraisal as prescribed by the regulations.

3. Additional penalties:

a) Suspension of the construction of work items of the investment projects or establishments, for a definite period of between 03 months and 06 months, for the violations specified at Point b, Clause 1 and Point b, Clause 2 of this Article;

b) Suspension of the construction of work items of the investment projects or establishments that do not obtain the decisions approving the appraisal results of the environmental impact assessment reports for a definite period of between 06 and 12 months, for the violations specified Point c, Clause 1 and Point c, Clause 2 of this Article.

4. Remedial measures:

a) Forcible remittance of illicit profits obtained from performing one of the following violations: building or installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to regularly operate the waste treatment works in accordance with the regulations; failing to have waste treatment works meeting the requirements for environmental protection specified at Points a and b, Clause 1; Points a and b, Clause 2 of this Article;

b) Forcible relocation of projects or establishments to locations in accordance with the environmental planning and zoning, and the environment's load capacity approved by competent agencies, for the violations specified at Point c, Clause 1 and Point c, Clause 2 of this Article, if the locations where the projects or establishments are being implemented does not conform to the environmental planning and zoning, and the environment’s capacity approved in accordance with the regulations.

Article 14. Violations against regulations on environmental protection regarding investment projects that have been constructed but have not yet been put into operation, or are operating without environmental licenses or environmental protection registration in accordance with the regulations

1. Violations against regulations on environmental protection committed during their construction or official operation of investment projects or establishments subject to environmental protection registration as prescribed by the regulations shall be imposed penalties as follows:

a) A fine of between VND 500,000 and VND 1,000,000 shall be imposed on investment projects or establishments that are not required to make environmental impact assessment reports but fail to collect, manage, and treat wastewater, dust, or exhaust gas; fail to control noise, vibration, light, or heat radiation in accordance with the regulations;

b) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on investment projects or establishments that are not required to make environmental impact assessment reports that fail to register the environmental protection plans in accordance with the regulations;

c) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for investment projects or establishments that must make environmental impact assessment reports which the provincial-level People's Committees have the powers to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve, for investment projects with environmental criteria equivalent to those which the provincial-level People's Committees have the powers to approve, but fail to collect, manage, and treat wastewater, dust, or exhaust gas; fail to control noise, vibration, light, or heat radiation in accordance with the regulations;

d) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to register the environmental protection plans as prescribed by the regulations for investment projects or establishments that must make environmental impact assessment reports which the provincial-level People's Committees have the powers to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve, for investment projects with environmental criteria equivalent to those which the provincial-level People's Committees;

dd) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to collect, manage and treat waste in accordance with the regulations, except for the violations against regulations on ordinary solid waste and hazardous waste, for investment projects or establishments that must make environmental impact assessment reports which the Ministry of Natural Resources and Environment has the power to approve or those which the Ministry of National Defence or the Ministry of Public Security has the power to approve, for investment projects with environmental criteria equivalent to those which the Ministry of Natural Resources and Environment;

e) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to register the environment as prescribed by the regulations for investment projects, the establishment must make an environmental impact assessment report under the jurisdiction. of the Ministry of Natural Resources and Environment or an environmental impact assessment report which the Ministry of National Defence or the Ministry of Public Security has the power to approve, for investment projects with environmental criteria equivalent to those under the jurisdiction. approved by the Ministry of Natural Resources and Environment.

2. Violations against regulations on environmental protection committed during their construction or official operation of investment projects or establishments requiring environmental licenses which the district-level People’s Committees have the powers to grant, or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the district-level People’s Committees have the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed; failing to carry out the remediation of environmental pollution caused by their operations;

b) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for failing to have works or measures to reduce noise and vibration in accordance with the regulations;

c) A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed for failing to obtain environmental licenses in accordance with the regulations;

d) A fine of between VND 35,000,000 and VND 40,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or irregularly or improperly operating the environmental protection works;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failing to have a waste treatment facility that meets the requirements for environmental protection in accordance with the regulations; constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment.

3. Violations against regulations on environmental protection committed during their construction or official operation of investment projects or establishments requiring environmental licenses which the provincial-level People’s Committees have the powers to grant, or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the provincial-level People’s Committees have the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed; failing to carry out the remediation of environmental pollution caused by their operations;

b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for failing to have works or measures to reduce noise and vibration in accordance with the regulations;

c) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for failing to obtain environmental licenses in accordance with the regulations;

d) A fine of between VND 170,000,000 and VND 200,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or irregularly or improperly operating the environmental protection works;

dd) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed for failing to have a waste treatment facility that meets the requirements for environmental protection in accordance with the regulations; constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment.

4. Violations against regulations on environmental protection committed during their construction or official operation of investment projects or establishments requiring environmental licenses which the Ministry of Natural Resources and Environment has the power to grant, or those which the Ministry of National Defence or the Ministry of Public Security has the power to grant to the subject equivalent to which the Ministry of Natural Resources and Environment has the powers to grant environmental licenses, shall be imposed penalties as follows:

a) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failing to inspect waste treatment works and facilities to determine the causes of pollution or failing to renovate or upgrade waste treatment works in accordance with the regulations in the cases where the reports of pollution data are not true or discharging wastewater or emitting dust and exhaust gas in excess of the permissible limits specified in the environmental technical regulations is committed; failing to carry out the remediation of environmental pollution caused by their operations;

b) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to have works or measures to reduce noise and vibration in accordance with the regulations;

c) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for failing to obtain environmental licenses in accordance with the regulations;

d) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to operate or irregularly or improperly operating the environmental protection works;

dd) A fine of between VND 800,000,000 and VND 1,000,000,000 shall be imposed for failing to have a waste treatment facility that meets the requirements for environmental protection in accordance with the regulations; constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment.

5. Additional penalties:

a) Suspension of the operation of establishments’ sources of waste without the environmental licenses for a definite period of between 03 and 06 months, for the violations specified at Point c, Clause 2, Point c, Clause 3 and Point c, Clause 4 of this Article;

b) Suspension of the operation of the establishments for a definite period of between 01 month and 03 months, for the violations specified at Points d and e, Clause 1, and Point dd, Clause 2 of this Article;

c) Suspension of the operation of the establishments for a definite period of between 03 and 06 months, for the violations specified at Point dd, Clause 3 of this Article;

d) Suspension of the operation of the establishments for a definite period of between 06 and 12 months, for the violations specified at Point dd, Clause 4 of this Article.

6. Remedial measures:

a) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the violations specified at Points a, c, dd, Clause 1, Point a, Clause 2, Point a, Clause 3 and Point a, Clause 4 of this Article;

b) Forcible remittance of illicit profits obtained from performing one of the violations specified at Points d and dd, Clause 2; Points d and dd, Clause 3 and Points d and dd, Clause 4 of this Article;

c) Forcible demolition of works and facilities built in contravention of regulations on environmental protection in order to discharge untreated waste into the environment for the violations specified at Point dd, Clause 2 and Point dd, Clause 3 and Point dd, Clause 4 of this Article;

d) Forcible relocation of projects or establishments to locations in accordance with the environmental planning and zoning, and the environment's load capacity approved by competent agencies, for the violations specified at Point c, Clause 2, Point c, Clause 3 and Point c, Clause 4 of this Article, if the locations where the projects or establishments are being implemented does not conform to the environmental planning and zoning, and the environment’s capacity approved in accordance with the regulations.

Article 15. Violations against regulations on environmental protection at establishments, concentrated production, business or service areas, industrial clusters, and craft villages

1. Individuals and organizations engaged in production, business or service activities in craft villages, who commit administrative violations against regulations on environmental protection, shall be subject to the same penalties as individuals and organizations operating outside craft villages specified in this Decree.

2. A fine of between VND 1,500,000 and VND 2,000,000 shall be imposed for production, business or service establishment on a scale of households and individuals that generate wastewater and exhaust gas but fail to have on-site wastewater and exhaust gas treatment works and facilities meeting environmental protection requirements as prescribed by the regulations.

3. Violations against regulations on environmental protection in business activities related infrastructure of industrial clusters:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failing to assign staff to be in charge of environmental protection in accordance with the regulations;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to promulgate regulations on environmental protection of industrial clusters in line with the environmental protection requirements as prescribed by the regulations; failing to request competent agencies to handle organizations or individuals detected violating the law provisions on environmental protection; failing to cooperate with competent agencies in organizing environmental protection activities, examining and inspecting the environmental protection of investment projects and establishments in industrial clusters in accordance with the regulations;

c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for failing to allocate green areas in accordance with the regulations; failing to install independent power meters at centralized wastewater treatment plants; failing to arrange maintenance holes to settle sediment, separate oil scum from rainwater before discharging it into the receiving environment; incompletely recording in the operation logbooks of the centralized wastewater treatment systems one of the following contents: flow (input, output), characteristic parameters of input and output wastewater (if any), the amount of power consumed, the type and amount of chemicals used, and the sludge generated; failing to keep operation logbooks of the centralized wastewater treatment systems in accordance with the regulations;

d) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for failing to have operation logbooks of the centralized wastewater treatment systems;

dd) A fine of between VND 60,000,000 and VND 100,000,000 shall be imposed for failing to complete the construction and installation of the rainwater collection and drainage systems in the operating industrial clusters meeting environmental protection requirements; failing to dredge, renovate and periodically maintain rainwater or wastewater collection and drainage systems in accordance with the regulations; failing to have rainwater collection and drainage systems in line with the investment phases of the operating industrial clusters in accordance with the regulations; failing to have rainwater collection and drainage systems separate from the wastewater collection and drainage systems in accordance with the regulations; receiving additional projects or increasing the capacity of investment projects that generate wastewater in industrial clusters when there is no centralized wastewater collection, drainage and treatment system in accordance with the regulations;

e) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to thoroughly collect wastewater and connect wastewater pipes of all establishments in an industrial cluster to the centralized wastewater collection, drainage and treatment system in accordance with the regulations (unless the establishments are exempted from connecting their wastewater pipes to the centralized system after the wastewater is treated to meet the standards and allowed to be discharged into the environment outside the scope of management of the industrial cluster); building treated wastewater drainage systems that do not meet environmental protection requirements as prescribed by the regulations;

g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for building or installing centralized wastewater treatment systems in contravention of regulations or not meeting environmental protection requirements as prescribed by the regulations; failing to complete the construction and installation of the wastewater collection, drainage and treatment systems of operating industrial clusters in accordance with the regulations; failing to operate or improperly operating the centralized wastewater treatment systems of the industrial clusters in accordance with the regulations;

h) A fine of between VND 400,000,000 and VND 500,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to have centralized wastewater treatment systems as prescribed by the regulations.

4. Violations against regulations on environmental protection in business activities related infrastructure of concentrated production, business or service zones:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to assign staff to be in charge of environmental protection in accordance with the regulations; failing to promulgate regulations on environmental protection of production, business or service zones in line with the environmental protection requirements as prescribed by the regulations; failing to cooperate with competent agencies in organizing environmental protection activities, examining and inspecting the environmental protection of investment projects and establishments in production, business or service zones in accordance with the regulations;

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for failing to request competent agencies to handle organizations or individuals detected violating the law provisions on environmental protection; failing to arrange functional areas or types of production, business, or services in accordance with the regulations; failing to arrange maintenance holes to settle sediment, separate oil scum from rainwater before discharging it into the receiving environment; incompletely recording in the operation logbooks of the centralized wastewater treatment systems one of the following contents: flow (input, output), characteristic parameters of input and output wastewater (if any), the amount of power consumed, the type and amount of chemicals used, and the sludge generated; failing to keep operation logbooks of the centralized wastewater treatment systems in accordance with the regulations;

c) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for failing to have operation logbooks of the centralized wastewater treatment systems;

d) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to install independent power meters at centralized wastewater treatment plants of the concentrated production, business or service zones;

dd) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to collect rainwater and connect the rainwater drainage pipes or failing to thoroughly connect rainwater drainage pipes of all establishments in a production, business or service zone to the centralized rainwater collection and drainage system in accordance with the regulations; failing to have rainwater collection and drainage system in line with the investment phases of the operating concentrated production, business or service zones as prescribed by the regulations; failing to dredge, renovate and periodically maintain rainwater or wastewater collection and drainage systems in accordance with the regulations; having the treated wastewater collection and drainage systems that do not meet the requirements as prescribed by the regulations; leaving production, business or service establishments to discharge wastewater into the rainwater drainage systems of the concentrated production, business or service zones;

e) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to have wastewater collection systems in line with the investment phases of the operating concentrated production, business or service zones as prescribed by the regulations; failing to have rainwater collection and drainage systems separate from the wastewater collection and drainage systems in accordance with the regulations; failing to collect wastewater and connect the wastewater drainage pipes or failing to thoroughly connect wastewater drainage pipes of all establishments in a production, business or service zone to the centralized rainwater collection and drainage system in accordance with the regulations;

g) A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed for receiving new projects that are not on the list of industries licensed to attract investment in accordance with the regulations; receiving new projects or increase capacity of existing projects that generate wastewater in a concentrated production, business or service zone when there is no environmental protection infrastructure, or the environmental protection infrastructure does not meet the requirements as prescribed by the regulations or not conform to the capacity of receiving and treating wastewater of the centralized wastewater treatment system in accordance with the regulations;

h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for constructing and installing centralized wastewater treatment systems in contravention of regulations or not meeting environmental protection requirements as prescribed by the regulations;

i) A fine of between VND 800,000,000 and VND 1,000,000,000 shall be imposed for constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to have centralized wastewater treatment systems as prescribed by the regulations.

5. Violations against regulations on environmental protection committed by owners of establishments in concentrated production, business or service zones or industrial clusters shall be imposed penalties as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to assign staff to be in charge of environmental protection in the cases where such staff are required in accordance with the regulations; failing to implement or improperly implementing regulations on environmental protection by the investors in construction and business of infrastructure in concentrated production, business or service zones, and industrial clusters, unless otherwise specified at Points c and d of this Clause;

b) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to have environmental management systems in accordance with the regulations;

c) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for failing to preliminarily treat generated wastewater to meet the conditions stated in the written agreements with the investors in the construction and business of infrastructure in the concentrated production, business or service zones, or industrial clusters and the environmental licenses of concentrated production, business or service zones, or industrial clusters before connecting the wastewater pipes to the collection system for further treatment at the centralized wastewater treatment system in accordance with the regulations;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to connect wastewater pipes to the centralized wastewater collection, drainage and treatment system in accordance with the regulations of investors in construction and business of infrastructure of concentrated production, business or service zones, or industrial clusters and the environmental licenses of concentrated production, business or service zones, or industrial clusters, unless the establishments have taken measures or built wastewater treatment works meeting environmental technical regulations and are exempted from connecting their wastewater pipes to the centralized wastewater treatment systems of the concentrated production, business or service zones, or the industrial clusters in accordance with the regulations;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for establishments that are discharging treated wastewater into the rainwater collection and drainage system but fail to stop discharging wastewater, adjust or connect the wastewater pipes, or discharge their treated wastewater into the wastewater collection and drainage system as prescribed by the regulations;

e) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for illegally discharging wastewater into the rainwater drainage systems of concentrated production, business or service zone, or industrial clusters, or craft villages.

6. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for intentionally constructing and installing pipelines or points to discharge wastewater into the environment without clear signs and symbols, in locations where it is impossible to carry out the inspection, control and supervision in accordance with the regulations; diluting wastewater and exhaust gas after treatment in order to meet technical regulations on waste before discharging them into the environment; failing to relocate the establishments to ensure an environmentally safe distance from residential areas on the routes prescribed by competent State agencies; failing to restrict, suspend or adjust the operating time of production establishments with large volume of dust and exhaust gas discharged into the environment and with the type of production that is likely to cause environmental pollution under the directions of competent agencies to implement emergency measures as prescribed by the law provisions in the cases where the air quality is seriously polluted.

7. Remedial measures:

a) Forcible demolition of works and facilities built in contravention of regulations on environmental protection in order to discharge untreated waste into the environment, for the violations specified at Point h, Clause 3 and Point i, Clause 4 of this Article;

b) Forcible remittance of illicit profits obtained from performing acts of constructing and installing facilities, pipelines, or other channels to discharge untreated waste into the environment; failing to construct and install environmental protection works as prescribed in Point h, Clause 3 and Point i, Clause 4 of this Article;

c) Forcible demolition of works and facilities to dilute the waste and treatment of the waste to meet the technical regulations on waste within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the violations specified in Clause 6 of this Article.

Article 16. Violations against regulations on environmental observation and supervision

1. Penalties for the violations against regulations on automatic and continuous observation of industrial wastewater, dust and exhaust gas:

a) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for installing systems for automatic and continuous observation of industrial wastewater, dust and exhaust gas beyond the prescribed time limit;

b) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for using automatic and continuous observation devices that fails to meet technical requirements applicable to automatic and continuous industrial wastewater, dust and exhaust gas observation systems in accordance with the regulations; failing to operate, or improperly or incompletely operating automatic and continuous industrial wastewater or dust and exhaust gas observation systems against the required procedures for management and operation of such systems; failing to install cameras to monitor the automatic and continuous industrial wastewater, dust and exhaust gas observation systems in accordance with the regulations; failing to install automatic wastewater sampling devices in an automatic and continuous wastewater observation system; failing to keep observed data related to industrial wastewater, dust and exhaust gas as prescribed by the regulations or failing to connect and transmit the observed data to the competent agencies in accordance with the regulations;

c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for failing to install one of the automatic and continuous observation parameters of the automatic industrial wastewater, dust and exhaust gas observation systems in accordance with the regulations or at the request of competent State agencies; failing to ensure the confidentiality and integrity of automatically and continuously observed data; intervening or altering the automatic and continuous observation results before transmitting such data to the receiving agencies in accordance with the regulations;

d) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for failing to have automatic and continuous wastewater observation systems or failing to have automatic industrial dust and exhaust gas observation systems as prescribed by the regulations or at the request of competent State agencies; or failing to troubleshoot automatic and continuous observation systems at the request of competent State agencies;

dd) Acts of failing to inspect and calibrate the automatic and continuous industrial wastewater, dust and gas observation systems as prescribed by the regulations shall be imposed the penalties as prescribed by the law provisions on handling of administrative violations against regulations on metrology.

2. Violations against regulations on periodical observation of industrial wastewater, dust and exhaust gas, and other kinds of environmental observation in one of the following cases: the district-level People's Committees have the powers to grant environmental licenses thereto, or the Ministry of National Defence or the Ministry of Public Security has the power to grant the environmental licenses to the subject equivalent to which the district-level People’s Committees have the powers to grant environmental licenses, shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for performing improperly or incompletely the periodical observation of industrial wastewater, dust and exhaust gas (in terms of the parameters, location, and frequency of observation) in accordance with the environmental licenses;

b) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failing to comply with the contents of periodical observation of industrial wastewater, dust and exhaust gas in the cases where such contents must be complied in accordance with regulations.

3. Violations against regulations on periodical observation of industrial wastewater, dust and exhaust gas, and other kinds of environmental observation in one of the following cases: the provincial-level People's Committees have the powers to grant environmental licenses thereto, or the Ministry of National Defence or the Ministry of Public Security has the power to grant the environmental licenses to the subject equivalent to which the provincial-level People's Committees have the powers to grant environmental licenses, shall be imposed the penalties as follows:

a) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for performing improperly or incompletely the periodical observation of industrial wastewater, dust and exhaust gas and other kinds of environmental observation (in terms of the parameters, location, and frequency of observation) in accordance with the decisions approving results of the environmental impact assessment report appraisal or the environmental licenses;

b) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to comply with the contents of periodical observation of industrial wastewater, dust and exhaust gas, and other kinds of environmental observation in the cases where such contents must be complied in accordance with regulations.

4. Violations against regulations on periodical observation of industrial wastewater, dust and exhaust gas, and other kinds of environmental observation in one of the following cases: the Ministry of Natural Resources and Environment has the power to grant environmental licenses thereto, or the Ministry of National Defence or the Ministry of Public Security has the power to grant the environmental licenses to the subject equivalent to which the Ministry of Natural Resources and Environment has the power to grant environmental licenses, shall be imposed the penalties as follows:

a) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for performing improperly or incompletely the periodical observation of industrial wastewater, dust and exhaust gas (in terms of the parameters, location, and frequency of observation) in accordance with the decisions approving results of the environmental impact assessment report appraisal or the environmental licenses;

b) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for failing to comply with the contents of periodical observation of industrial wastewater, dust and exhaust gas, and other kinds of environmental observation in the cases where such contents must be complied in accordance with regulations.

5. Violations against regulations on automatic and continuous observation of water and ambient air quality and use of automatic observation results as information to be provided and publicized to the community:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for failing to make written reports on the satisfaction of technical requirements on environmental observation as prescribed by the regulations to competent State agencies before publicizing information to the community;

b) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for using automatic and continuous observation devices that do not meet technical requirements, failing to install observation stations in appropriate locations, failing to assign staff as prescribed by the regulations to manage the operation of water and ambient air quality observation stations in order to observe and publicize information on environmental quality to the community;

c) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for failing to comply with all requirements on management and operation of automatic and continuous water and ambient air quality observation stations in accordance with the regulations and use of automatic observation results as information to be provided and publicized to the community;

d) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for keeping publicizing information on environmental quality obtained from automatic and continuous observation results although there is in fact no observation devices, or the devices do not operate at the points of observation.

6. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for failing to have safe working platforms as prescribed by the regulations at the wastewater, dust and exhaust gas sampling locations or exhaust sampling holes;

7. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for cooperating with entities that do not obtain certificates of eligibility for providing environmental observation services within the scope of the certificates granted to them to conduct the environmental observation or supervision.

8. Remedial measures:

Forcible remittance of illicit profits obtained from the failure to implement the waste observation programs during the operation of the investment projects specified in Clauses 2, 3 and 4 of this Article.

Article 17. Violations against regulations on environmental observation services

1. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for changing personnel, equipment, or location of an establishment without notifying the competent State agency in writing as prescribed by the regulations.

2. A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed for failing to maintain adequate conditions in terms of chemicals (there are no chemicals, or the chemicals are expired) used for observing the licensed parameters to which the certificates of eligibility for providing environmental observation services are granted.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for one of the following violations:

a) Failing to maintain adequate conditions in terms of human resources (the number of full-time staff conducting field observation, the number of full-time staff conducting environmental analysis, laboratory managers, persons in charge of quality assurance and quality control) to conduct environmental observation of the parameters to which the certificates of eligibility for providing environmental observation services are granted;

b) Observation result reporting forms having not been numbered or marked with symbols, or not having sufficient information as prescribed by the regulations.

4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for one of the following violations:

a) Operating beyond the scope of the certificates of eligibility for providing environmental observation services; providing results of observation and testing of parameters or using the methods that are not certified in the certificates of eligibility for providing environmental observation services as prescribed by the regulations (other than parameters not specified in the legal documents on environment);

b) Failing to maintain adequate conditions in terms of equipment for field observation or environmental analysis in comparison to that at the time the certificates of eligibility for providing environmental observation services are granted;

c) Using observation techniques in contravention of the regulations on environmental observation techniques or the requirements of the certified monitoring methods, failing to comply properly and fully with regulations on environmental observation process and methods prescribed by the Ministry of Natural Resources and Environment;

d) Failing to keep all original observed data obtained from all observation services performed in the latest 03 years or from the date the certificates are granted to the entities that have been operating for less than 03 years.

5. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed for failing to obtain certificates of eligibility for providing environmental observation services as prescribed by the regulations but still providing environmental observation services.

6. Acts of failing to inspect and calibrate observation devices in accordance with the regulations of competent State agencies or regulations of the manufacturers shall be imposed the penalties as prescribed by the law provisions on handling of administrative violations against regulations on metrology.

7. Additional penalties:

a) Deprivation of the right to use the certificates of eligibility for providing environmental observation services for a definite period of between 03 and 06 months, for the violations specified at Point a, Clause 3, Point c, Clause 4 of this Article;

b) Deprivation of the right to use the certificates of eligibility for providing environmental observation services for a definite period of between 06 and 12 months, for the violations specified at Points a, b and d, Clause 4 of this Article.

8. Remedial measures:

Forcible remittance of illicit profits obtained from administrative violations specified at Point a, Clause 4, and Clause 5 of this Article.

Article 18. Violations against regulations on discharging wastewater with normal environmental parameters into the environment

1. A warning shall be imposed for discharging wastewater in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times (the excess is 10% of the permissible limits specified in the technical regulations).

2. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 1.1 times to less than 1.5 times, or the recidivism or repeated violation of discharging wastewater in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times shall be imposed the penalties as follows:

a) A fine of between VND 300,000 and VND 500,000 shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 500,000 and VND 2,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 70,000,000 and VND 80,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 80,000,000 and VND 90,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 170,000,000 and VND 190,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 190,000,000 and VND 210,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 210,000,000 and VND 23,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 250,000,000 and VND 270,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 270,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

3. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 1.5 times to less than 3 times shall be imposed the penalties as follows:

a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

4. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 03 times to less than 05 times shall be imposed the penalties as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

5. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 05 times to less than 10 times shall be imposed the penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

6. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste by 10 times or more shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

7. The highest fine level selected to be imposed for the violations specified in this Article shall be increased by 10% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.1 times to less than 1.5 times; 20% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.5 and less than 03 times; 30% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 03 times to less than 05 times or the pH value thereof exceeds the permissible limits specified in the technical regulations; 40% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 05 to less than 10 times; 50% for each environmental parameter in excess of the permissible limits specified in the technical regulations by 10 times or more. The total fine for each violation shall not exceed VND 1,000,000,000.

8. Additional penalties:

a) Suspension of the operation of the establishments whose sources of waste cause environmental pollution for a definite period of between 03 and 06 months, for the violations specified at 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 6 of this Article;

b) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 06 and 12 months, for the violations specified at 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) Suspension of the operation of the establishments other than those specified at Point b of this Clause for a definite period of between 06 and 12 months, for the violations specified at 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) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences caused by the violations specified in this Article within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for such violations;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of discharging waste in excess of the permissible limits specified in the technical regulations or causing environmental pollution, for the violations specified in this Article.

Article 19. Violations against regulations on discharging wastewater with hazardous environmental parameters into the environment or discharging wastewater exceeding technical regulations on waste with the pH value thereof exceeding the permissible limits specified in the technical regulations, shall be imposed the penalties as follows:

1. A warning shall be imposed for discharging wastewater in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times (the excess is 10% of the permissible limits specified in the technical regulations).

2. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 1.1 times to less than 1.5 times, or the recidivism or repeated violation of discharging wastewater in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times shall be imposed the penalties as follows:

a) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 170,000,000 and VND 190,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 190,000,000 and VND 210,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 210,000,000 and VND 230,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 230,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 250,000,000 and VND 270,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 270,000,000 and VND 290,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 290,000,000 and VND 310,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 310,000,000 and VND 330,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 330,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 350,000,000 and VND 370,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 370,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

3. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 1.5 times to less than 02 times shall be imposed the penalties as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 5,000,000 and VND 30,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

4. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 02 times to less than 03 times shall be imposed the penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

5. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 03 times to less than 05 times shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

6. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste from 05 times or more, other than environmental crimes, shall be imposed the penalties as follows:

a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 300 m3/day (24 hours);

k) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of 300 m3/day (24 hours) or more, other than environmental crimes.

7. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste with the pH value of between 04 and less than the lowest permissible limits specified in the technical regulations or between the highest permissible limits specified in the technical regulations and less than 10.5 shall be imposed the penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

8. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste with the pH value of between 02 and less than 04 or between 10.5 and less than 12.5 shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

9. Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste with the pH value of between 0 and less than 2 or between 12.5 and 14, other than environmental crimes, shall be imposed the penalties as follows:

a) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed shall be imposed for the discharge volume of wastewater of less than 05 m3/day (24 hours);

b) A fine of between VND 100,000,000 and VND 110,000,000 shall be imposed for the discharge volume of wastewater of between 05 m3/day (24 hours) and less than 10 m3/day (24 hours);

c) A fine of between VND 110,000,000 and VND 120,000,000 shall be imposed for the discharge volume of wastewater of between 10 m3/day (24 hours) and less than 20 m3/day (24 hours);

d) A fine of between VND 120,000,000 and VND 130,000,000 shall be imposed for the discharge volume of wastewater of between 20 m3/day (24 hours) and less than 40 m3/day (24 hours);

dd) A fine of between VND 130,000,000 and VND 140,000,000 shall be imposed for the discharge volume of wastewater of between 40 m3/day (24 hours) and less than 60 m3/day (24 hours);

e) A fine of between VND 140,000,000 and VND 150,000,000 shall be imposed for the discharge volume of wastewater of between 60 m3/day (24 hours) and less than 80 m3/day (24 hours);

g) A fine of between VND 150,000,000 and VND 160,000,000 shall be imposed for the discharge volume of wastewater of between 80 m3/day (24 hours) and less than 100 m3/day (24 hours);

h) A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed for the discharge volume of wastewater of between 100 m3/day (24 hours) and less than 200 m3/day (24 hours);

i) A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for the discharge volume of wastewater of between 200 m3/day (24 hours) and less than 400 m3/day (24 hours);

k) A fine of between VND 200,000,000 and VND 220,000,000 shall be imposed for the discharge volume of wastewater of between 400 m3/day (24 hours) and less than 600 m3/day (24 hours);

l) A fine of between VND 220,000,000 and VND 250,000,000 shall be imposed for the discharge volume of wastewater of between 600 m3/day (24 hours) and less than 800 m3/day (24 hours);

m) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the discharge volume of wastewater of between 800 m3/day (24 hours) and less than 1,000 m3/day (24 hours);

n) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the discharge volume of wastewater of between 1,000 m3/day (24 hours) and less than 1,200 m3/day (24 hours);

o) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the discharge volume of wastewater of between 1,200 m3/day (24 hours) and less than 1,400 m3/day (24 hours);

p) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the discharge volume of wastewater of between 1,400 m3/day (24 hours) and less than 1,600 m3/day (24 hours);

q) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the discharge volume of wastewater of between 1,600 m3/day (24 hours) and less than 1,800 m3/day (24 hours);

r) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the discharge volume of wastewater of between 1,800 m3/day (24 hours) and less than 2,000 m3/day (24 hours);

s) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the discharge volume of wastewater of between 2,000 m3/day (24 hours) and less than 2,500 m3/day (24 hours);

t) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the discharge volume of wastewater of between 2,500 m3/day (24 hours) and less than 3,000 m3/day (24 hours);

u) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the discharge volume of wastewater of between 3,000 m3/day (24 hours) and less than 3,500 m3/day (24 hours);

uu) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the discharge volume of wastewater of between 3,500 m3/day (24 hours) and less than 4,000 m3/day (24 hours);

v) A fine of between VND 750,000,000 and VND 850,000,000 shall be imposed for the discharge volume of wastewater of between 4,000 m3/day (24 hours) and less than 4,500 m3/day (24 hours);

x) A fine of between VND 850,000,000 and VND 950,000,000 shall be imposed for the discharge volume of wastewater of between 4,500 m3/day (24 hours) and less than 5,000 m3/day (24 hours);

y) A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the discharge volume of wastewater of 5,000 m3/day (24 hours) or more.

10. A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for discharging wastewater containing radioactive substances that cause radioactive contamination to the environment in excess of the permissible limits specified in the technical regulation, other than environmental crimes.

11. The highest fine level selected to be imposed for the violations specified in this Article shall be increased by 10% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.1 times to less than 1.5 times; 20% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.5 and less than 02 times; 30% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 02 times to less than 03 times or the pH value of between 04 and less than the lowest permissible limits specified in the technical regulations or between the highest permissible limits specified in the technical regulations and less than 10.5; 40% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 03 to less than 5 times or the pH value of between 02 and less than 04 or between 10.5 and less than 12.5; 50% for each environmental parameter in excess of the permissible limits specified in the technical regulations by 05 times or more, or the pH value of less than 02 or between 12.5 and 14. The total fine for each violation shall not exceed VND 1,000,000,000.

12. Additional penalties:

a) Suspension of the operation of the establishments whose sources of waste cause environmental pollution for a definite period of between 03 and 06 months, for the violations specified at 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, 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) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 06 and 12 months, for the violations specified at 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) Suspension of the operation of the establishments other than those specified at Point b of this Clause for a definite period of between 06 and 12 months, for the violations specified at Points u, uu, v, x and y, Clause 4, Points t, u, uu, v, x and y, Clause 5, and Clause10 of this Article.

13. Remedial measures:

a) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences caused by the violations specified in this Article within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for such violations;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of discharging waste in excess of the permissible limits specified in the technical regulations or causing environmental pollution, for the violations specified in this Article.

Article 20. Violations against regulations on emission of dust and exhaust gas with normal environmental parameters into the environment

1. Discharging substances causing unpleasant odors into the environment; emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times (the excess is equivalent to 10% of the permissible limits specified in the technical regulations) shall be imposed the penalties as follows:

a) A warning shall be imposed for discharging substances causing unpleasant odors into the environment; emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times (the excess is equivalent to 10% of the permissible limits specified in the technical regulations);

b) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the recidivism or repeated administrative violation of discharging unpleasant or foul-smelling substances into the environment in case.

2. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 1.1 times to less than 1.5 times or the recidivism or repeated violation of emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times shall be imposed the penalties as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of from 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

3. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 1.5 times to less than 02 times shall be imposed the penalties as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour to less than 10,000 m3/hour;

d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

4. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 02 times to less than 03 times shall be imposed the penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

5. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste 3 times or more, other than environmental crimes, shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

6. The highest fine level selected to be imposed for the violations specified in this Article shall be increased by 10% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.1 to less than 1.5 times; 20% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.5 to less than 02 times; 30% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 02 to less than 03 times; 40% for each environmental parameter in excess of the permissible limits specified in the technical regulations by 03 times or more. The total fine for each violation shall not exceed VND 1,000,000,000.

7. Additional penalties:

a) Suspension of the operation of the establishments whose sources of waste cause environmental pollution for a definite period of between 03 and 06 months, for the violations specified at 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, 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) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 06 and 12 months, for the violations specified at 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) Suspension of the operation of the establishments other than those specified at Point b of this Clause for a definite period of between 06 and 12 months, for the violations specified at 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:

a) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences caused by the violations specified in this Article within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for such violations;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of discharging waste in excess of the permissible limits specified in the technical regulations or causing environmental pollution, for the violations specified in this Article.

Article 21. Violations against regulations on emission of dust and exhaust gas with hazardous environmental parameters into the environment

1. A warning shall be imposed for dispersing chemicals or organic solvent vapors in production areas or residential areas, causing the characteristic odor of those chemicals and organic solvent vapors; emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times (the excess is equivalent to 10% of the permissible limits specified in the technical regulations) shall be imposed the penalties as follows:

2. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 1.1 times to less than 1.5 times, or the recidivism or repeated violation of emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste less than 1.1 times shall be imposed the penalties as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of from 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

3. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 1.5 times to less than 02 times shall be imposed the penalties as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

4. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste from 02 times to less than 03 times shall be imposed the penalties as follows:

a) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

5. Emitting dust and exhaust gas in excess of the permissible limits specified in the technical regulations on waste 03 times or more, other than environmental crimes, shall be imposed the penalties as follows:

a) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the exhaust gas flow of less than 500 m3/hour;

b) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the exhaust gas flow of between 500 m3/hour and less than 5,000 m3/hour;

c) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for the exhaust gas flow of between 5,000 m3/hour and less than 10,000 m3/hour;

d) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for the exhaust gas flow of between 10,000 m3/hour and less than 15,000 m3/hour;

dd) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the exhaust gas flow of between 15,000 m3/hour and less than 20,000 m3/hour;

e) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the exhaust gas flow of between 20,000 m3/hour and less than 25,000 m3/hour;

g) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the exhaust gas flow of between 25,000 m3/hour and less than 30,000 m3/hour;

h) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the exhaust gas flow of between 30,000 m3/hour and less than 35,000 m3/hour;

i) A fine of between VND 300,000,000 and VND 350,000,000 shall be imposed for the exhaust gas flow of between 35,000 m3/hour and less than 40,000 m3/hour;

k) A fine of between VND 350,000,000 and VND 400,000,000 shall be imposed for the exhaust gas flow of between 40,000 m3/hour and less than 45,000 m3/hour;

l) A fine of between VND 400,000,000 and VND 450,000,000 shall be imposed for the exhaust gas flow of between 45,000 m3/hour and less than 50,000 m3/hour;

m) A fine of between VND 450,000,000 and VND 500,000,000 shall be imposed for the exhaust gas flow of between 50,000 m3/hour and less than 55,000 m3/hour;

n) A fine of between VND 500,000,000 and VND 550,000,000 shall be imposed for the exhaust gas flow of between 55,000 m3/hour and less than 60,000 m3/hour;

o) A fine of between VND 550,000,000 and VND 600,000,000 shall be imposed for the exhaust gas flow of between 60,000 m3/hour and less than 65,000 m3/hour;

p) A fine of between VND 600,000,000 and VND 650,000,000 shall be imposed for the exhaust gas flow of between 65,000 m3/hour and less than 70,000 m3/hour;

q) A fine of between VND 650,000,000 and VND 700,000,000 shall be imposed for the exhaust gas flow of between 70,000 m3/hour and less than 75,000 m3/hour;

r) A fine of between VND 700,000,000 and VND 750,000,000 shall be imposed for the exhaust gas flow of between 75,000 m3/hour and less than 80,000 m3/hour;

s) A fine of between VND 750,000,000 and VND 800,000,000 shall be imposed for the exhaust gas flow of between 80,000 m3/hour and less than 85,000 m3/hour;

t) A fine of between VND 800,000,000 and VND 850,000,000 shall be imposed for the exhaust gas flow of between 85,000 m3/hour and less than 90,000 m3/hour;

u) A fine of between VND 850,000,000 and VND 900,000,000 shall be imposed for the exhaust gas flow of between 90,000 m3/hour and less than 95,000 m3/hour;

uu) A fine of between VND 900,000,000 and VND 950,000,000 shall be imposed for the exhaust gas flow of between 95,000 m3/hour and less than 100,000 m3/hour;

v) A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for the exhaust gas flow of 100,000 m3/hour or more.

6. A fine of between VND 950,000,000 and VND 1,000,000,000 shall be imposed for emitting dust and exhaust gas containing radioactive substances that cause environmental contamination in excess of the permissible limits specified in the technical regulations, other than environmental crimes.

7. The highest fine level selected to be imposed for the violations specified in this Article shall be increased by 10% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.1 to less than 1.5 times; 20% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 1.5 to less than 02 times; 30% for each environmental parameter in excess of the permissible limits specified in the technical regulations from 02 to less than 03 times; 40% for each environmental parameter in excess of the permissible limits specified in the technical regulations by 03 times or more. The total fine for each violation shall not exceed VND 1,000,000,000.

8. Additional penalties:

a) Suspension of the operation of the establishments whose sources of waste cause environmental pollution for a definite period of between 03 and 06 months, for the violations specified at 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, 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;

b) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 06 and 12 months, for the violations specified at 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, Points p, q, r, s, t, u, uu and v, Clause 5, and Clause 6 of this Article;

c) Suspension of the operation of the establishments other than those specified at Point b of this Clause for a definite period of between 06 and 12 months, for the violations specified at 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, Points p, q, r, s, t, u, uu and v, Clause 5, and Clause 6 of this Article.

9. Remedial measures:

a) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences caused by the violations specified in this Article within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for such violations;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of discharging waste in excess of the permissible limits specified in the technical regulations or causing environmental pollution, for the violations specified in this Article.

Article 22. Violations against regulations on noise

1. A warning shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by less than 02 dBA.

2. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 02 dBA and less than 05 dBA.

3. A fine of between VND 5,000,000 and VND 20,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 05 dBA and less than 10 dBA.

4. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 10 dBA and less than 15 dBA.

5. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 15 dBA and less than 20 dBA.

6. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 20 dBA and less than 25 dBA.

7. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 25 dBA and less than 30 dBA.

8. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 30 dBA and less than 35 dBA.

9. A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by between 35 dBA and less than 40 dBA.

10. A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for making noise at levels in excess of the permissible limits specified in the technical regulations on noise by 40 dBA or more.

11. Additional sanctions:

a) Suspension of the establishments’ noise-polluting activities for a definite period of between 03 and 06 months, for the violations specified in Clauses 4, 5, 6 and 7 of this Article;

b) Suspension of the operation of the establishments for a definite period of between 06 and 12 months, for the violations specified in Clauses 8, 9 and 10 of this Article.

12. Remedial measures:

a) Forcible application of measures to reduce noise to the permissible limits specified in the technical regulations within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the administrative violations specified in this Article;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of making noise at levels in excess of the permissible limits specified in the technical regulations or causing noise pollution, for the violations specified in this Article.

Article 23. Violations against regulations on vibration

1. Violations against regulations on vibration in construction activities shall be imposed penalties as follows:

a) A warning shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by less than 02 dB;

b) A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 02 dB and less than 05 dB;

c) A fine of between VND 5,000,000 and VND 20,000,000 VND shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 05 dB and less than 10 dB;

d) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 10 dB and less than 15 dB;

dd) A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 15 dB and less than 20 dB;

e) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 20 dB and less than 25 dB;

g) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 25 dB and less than 30 dB;

h) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 30 dB and less than 35 dB;

i) A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 35 dB and less than 40 dB;

k) A fine of between VND 140,000,000 and VND 160,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by 40 dB or more.

2. Violations against regulations on vibration in production, business and service activities shall be imposed the penalties as follows:

a) A warning shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by less than 02 dB;

b) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 02 dB and less than 05 dB;

c) A fine of between VND 5,000,000 and VND 30,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 05 dB and less than 10 dB;

d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 10 dB and less than 15 dB;

dd) A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 15 dB and less than 20 dB;

e) A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 20 dB and less than 25 dB;

g) A fine of between VND 90,000,000 and VND 110,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 25 dB and less than 30 dB;

h) A fine of between VND 110,000,000 and VND 130,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 30 dB and less than 35 dB;

i) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by between 35 dB and less than 40 dB;

k) A fine of between VND 150,000,000 and VND 170,000,000 shall be imposed for causing vibration in excess of the permissible limits specified in the technical regulations on vibration by 40 dB or more.

3. Additional penalties:

a) Suspension of the establishments’ vibration-causing activities for a definite period of between 03 and 06 months, for the violations specified at Points d, dd, e and g, Clause 1 and Points d, dd, e and g, Clause 2 of this Article;

b) Suspension of the operation of the establishments for a definite period of between 06 and 12 months, for the violations specified at Points h, i and k, Clause 1 and Points h, i and k, Clause 2 of this Article.

4. Remedial measures:

a) Forcible application of measures to reduce vibration to the permissible limits specified in the technical regulations within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the violations specified in this Article;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of causing vibration in excess of the permissible limits specified in the environmental technical regulations, for the violations specified in this Article.

Article 24. Acts of causing land, water, or air pollution; causing long-term environmental pollution

1. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for leaking or discharging toxic chemicals into the land or water environment against the regulations on environmental protection.

2. Dispersing disease-causing sources into the environment shall be imposed the penalties as prescribed by the law provisions on handling of administrative violations related to the health sector.

3. Causing land, water (groundwater, surface water inside and outside the premises of the establishments) or air pollution in excess of the permissible limits specified in the environmental technical regulations on soil, water, and ambient air shall be imposed the penalties as follows:

a) A fine of between VND 50,000,000 and VND 80,000,000 shall be imposed for the cases where the pollutant content (environmental parameters) in soil, water or air exceeds the permissible limits specified in the technical regulations less than 03 times, for hazardous environmental parameters, or less than 05 times, for normal environmental parameters;

b) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the cases where the pollutant content (environmental parameters) in soil, water or air exceeds the permissible limits specified in the technical regulations from 03 times to less than 05 times, for hazardous environmental parameters, or from 05 times to less than 10 times, for normal environmental parameters;

c) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the cases where the pollutant content (environmental parameters) in soil, water or air exceeds the permissible limits specified in the technical regulations 05 times or more, for hazardous environment parameters, or 10 times or more, for normal environmental parameters.

4. The fine levels imposed therefor shall be increased by between 20% and 30%, for the violations specified 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 violations committed in ecological restoration subdivisions, strictly protected zones within conservation areas causing the pollutant content in soil, water or air to exceed the permissible limits specified in the environmental technical regulations on soil, water, ambient air to less than 03 times, for hazardous environmental parameters, or less than 05 times, for normal environmental parameters. The total fine for each violation shall not exceed VND 1,000,000,000.

5. The fine levels imposed therefor shall be increased by between 30% and 40%, for the violations specified 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 violations committed in ecological restoration subdivisions, strictly protected zones within conservation areas causing the pollutant content in soil, water or air to exceed the permissible limits specified in the environmental technical regulations on soil, water, ambient air from 03 times and less than 05 times, for hazardous environmental parameters, or from 05 times to less than 10 times, for normal environmental parameters. The total fine for each violation shall not exceed VND 1,000,000,000.

6. The fine levels imposed therefor shall be increased by between 40% and 50%, for the violations specified 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 violations committed in ecological restoration subdivisions, strictly protected zones within conservation areas causing the pollutant content in soil, water or air to exceed the permissible limits specified in the environmental technical regulations on soil, water, ambient air 05 times or more, for hazardous environmental parameters, or 10 times or more, for normal environmental parameters. The total fine for each violation shall not exceed VND 1,000,000,000.

7. An additional fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for repeatedly causing environmental pollution or having been administratively sanctioned but continuing to re-commit one of the following violations violations and failing to remedy the consequences thereof within the time limit:

a) Discharging wastewater in excess of the permissible limits specified in the technical regulations on waste 3 times or more, for normal environmental parameters, or 02 times or more, for hazardous environmental parameters;

b) Emitting exhaust gas in excess of the permissible limits specified in the technical regulations on waste 02 times or more, for normal environmental parameters, or 1.5 times or more, for hazardous environmental parameters;

c) Causing noise at levels in excess of the permissible limits specified in the technical regulations on noise by 10 dBA or more, or causing vibration in excess of the permissible limits specified in the technical regulations on vibration by 20 dB or more.

8. Additional penalties:

a) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 03 and 06 months, for the violations specified at Point a, Clause 3 and Clause 4 of this Article;

b) Suspension of the operation of the establishments other than those specified at Point a of this Clause for a definite period of between 03 and 06 months, for the violations specified at Point a, Clause 3 and Clause 4 of this Article;

c) Deprivation of the right to use the environmental licenses, which have been granted to the establishments, for a definite period of between 06 and 12 months, for the violations specified at Points b, c, Clause 3, and Clause 5, Clause 7 of this Article;

d) Suspension of the operation of the establishments other than those specified at Point c of this Clause from 06 months to 09 months, for the violations specified at Points b, c, Clause 3, and Clause 5, Clause 7 of this Article.

9. Remedial measures:

a) Forcible restoration of the original environmental conditions or remediation of the environment in accordance with the regulations; forcible application of measures to remedy the environmental pollution caused by the violations specified in this Article within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for such violations;

b) Forcible payment of expenses for solicitation of assessment, verification, measurement, and analysis of environmental samples according to the current norms and unit prices in case of discharging waste in excess of the permissible limits specified in the technical regulations or causing environmental pollution, for the violations specified in this Article.

Article 25. Violations against regulations on environmental protection in public places, urban areas, and residential areas; transportation of raw materials, materials and goods causing environmental pollution

1. A warning shall be imposed for failing to post regulations on environmental hygiene in public places.

2. The act of collecting and discharging waste in contravention of regulations on environmental protection:

a) A fine of between VND 100,000 and VND 150,000 shall be imposed for discarding, disposing, or discarding cigarette butts or heads at the wrong places in apartments, commercial centers, service spots or public places;

b) A fine of between VND 150,000 and VND 250,000 shall be imposed for acts of failing to perform personal hygiene (urinating, defecating) in the right place in apartments, commercial centers, service spots or public places;

c) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for acts of failing to discard, dispose or dump domestic garbage in the right places in apartments, commercial centers, service spots or public places, unless otherwise specified at Point d of this Clause;

d) A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for throwing, discharging domestic wastes into pavements, roads or into urban sewage or surface water drainage systems in urban areas; discharging wastewater in contravention of regulations on pavements or roads; disposing daily plastic waste into ponds, lakes, canals, rivers, streams or the sea.

3. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for transporting raw materials, materials and goods without proper coverage or letting them leak into the environment en route.

4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to use specialized equipment or vehicles to ensure that raw materials, materials or goods cannot be leaked or released to the environment during the transportation.

5. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations, which is committed during the management of parks, amusement parks, entertainment areas, festivals, tourist resorts, markets, railway stations, bus stations, piers, ports, ferries and other public places:

a) Failing to have sufficient public hygiene facilities, waste collection means and equipment meeting the environmental hygiene requirements as prescribed by the regulations;

b) Failing to collect waste within the scope of management in accordance with the regulations;

c) Failing to assign staff to collect waste and clean the environment within the scope of management; failing to employ environmental protection officers, teams, or brigades to inspect and supervise the environmental protection in accordance with the regulations.

6. A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for investors in construction of urban areas or concentrated residential areas that commit the following violations against regulations on environmental protection:

a) Failing to have separate rainwater and wastewater drainage networks; failing to have sanitation facilities meeting the environmental protection requirements in public places;

b) Failing to have synchronous wastewater collection and treatment system in accordance with the approved development plans;

c) Failing to have equipment, means and places to classify waste at its sources, or to collect and store domestic solid waste, which are suitable for the amount and type of waste generated by households and individuals in concentrated residential areas;

d) Failing to ensure the green space, water surface, and open space as prescribed by the regulations in urban areas or concentrated residential areas.

7. Remedial measures:

a) Forcible restoration of the original state; application of measures to remedy the environmental pollution caused by the administrative violations specified at Points c, d, Clause 2, Clause 3 and Clause 4 of this Article;

b) Forcible construction and installation of environmental protection works as prescribed by the regulations within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the administrative violations specified at Points a, b, c, Clause 6 of this Article;

c) Forcible application of measures to remedy the environmental pollution as prescribed by the regulations and submission of reports on results of remedying the consequences thereof within the time limit set by the persons with powers to impose penalties in the decisions to impose penalties for the violations specified in Clauses 5 and 6 of this Article.

Article 26. Violations against regulations on classification, collection, transport, burying, land-filling, dumping, incineration and treatment of ordinary solid waste

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on households and individuals who fail to classify daily-life solid waste as prescribed; or fail to use packaging for containing domestic solid waste as prescribed.

2. Agencies, organizations or owners of production, business or service establishments that generate ordinary industrial solid waste shall be imposed penalties as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to make a record of handing over ordinary industrial solid waste that must be treated for each transfer as prescribed;

b) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the acts of failing to make at-source classification of ordinary industrial solid waste as prescribed; failing to have equipment and tools for storing ordinary industrial solid waste that meet technical requirements on environmental protection as prescribed; failing to have ordinary industrial solid waste storage warehouses or areas that meet technical requirements on environmental protection as prescribed; failing to sign contracts with units in charge of collecting, transporting and treating ordinary industrial solid waste as prescribed;

c) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for the acts of failing to separately store ordinary industrial solid waste that have been classified as prescribed; failing to have equipment, tools, areas or warehouses for storing ordinary industrial solid waste as prescribed;

d) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the acts of self-recycling, treatment, co-processing, and energy recovery from ordinary industrial solid wastes when they fail to meet requirements on environmental protection as prescribed.

3. Agencies, organizations, production, business and service establishments, investors in infrastructure construction and trading in concentrated production, business, and service zones, industrial clusters that generate daily-life solid waste with a total volume of 300 kg/day or more, except for the cases specified in Clauses 1 and 2 of this Article, shall be imposed penalties as follows:

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to sign contracts with units in charge of collecting, transporting, reusing, recycling and treating waste as prescribed;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of using means of transporting daily-life solid waste that do not meet technical requirements on environmental protection as prescribed.

4. The violations against regulations on collection and transportation of ordinary industrial solid waste shall be imposed penalties as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to make a record of handing over ordinary industrial solid waste for each transfer or transfer period of ordinary industrial solid waste as prescribed;

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to sign contracts with owners of waste sources for the collection and transportation of ordinary industrial solid waste subject to treatment as prescribed;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of using means of transport, storage equipment, transfer stations or temporary storage areas for ordinary industrial solid waste that do not meet technical requirements on environmental protection as prescribed; failure to transport ordinary industrial solid waste by type after they have been classified according to regulations; failure to equip means of transporting ordinary industrial solid waste with positioning devices as prescribed; performing the collection and transportation of ordinary industrial solid waste beyond the route and time prescribed by the provincial People's Committee.

5. The violations against regulations on collection, transportation and treatment of daily-life solid waste shall be imposed penalties as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of failing to provide professional training and labour protection equipment for workers involved in the collection and transportation of daily-life solid waste; failing to notify competent agencies in cases of refusal to collect and transport daily-life solid waste of households and individuals who do not classify waste or use packages to contain waste in accordance with regulations; refusing to sign service contracts for waste collection, transportation and treatment with agencies, organizations and establishments that generate daily-life solid waste;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of failing to transport daily-life solid waste to the proper gathering points, transfer stations, prescribed locations or waste treatment establishments in accordance with regulations; transporting daily-life solid waste beyond the route and time as prescribed by the provincial-level People's Committee; failing to coordinate with communal-level People's Committees, residential communities and representatives of residential areas in determining the time, location, frequency and route of daily-life solid waste collection; failing to publicly announce the time, location, frequency and route of daily-life solid waste collection as prescribed; failing to notify their provincial-level specialized environmental protection agencies about the time to close the daily-life solid waste landfill for supervision as prescribed; failing to report to approving agencies on the appraisal results of environmental impact assessment reports on the current status of daily-life solid waste landfill within 6 months from the date of closing the daily-life solid waste landfill as prescribed;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of failing to meet the requirements on human resources, specialized means and equipment to collect and transport all daily-life solid waste at the specified locations; failing to equip means of transporting daily-life solid waste with cruise monitoring equipment or failing to provide transport information and data to the local competent state management agencies;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of using means and equipment that do not meet technical requirements on environmental protection as prescribed; letting daily-life solid waste, dust, odour or water leak into the environment, causing adversely environmental impacts during the process of collection and transportation; failing to clean, spray and wash away the odour of daily-life solid waste transport means before leaving the transfer stations or treatment establishments and after completing the collection and transportation of daily-life solid waste;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of failing to arrange equipment and means to collect and transport daily-life solid waste as prescribed; failing to arrange means and equipment to collect and store leachate at transfer stations as prescribed; failing to meet one of the technical requirements on environmental protection for daily-life solid waste transfer stations as prescribed; failing to install waste storage equipment at daily-life solid waste collection points as prescribed; failing to perform cleaning and deodorization, or to install lighting systems as prescribed;

e) A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the acts of failing to arrange safety signboards and instructions in the landfills after closing the daily-life solid waste landfills; failing to formulate dossiers and hand over the premises to competent state agencies after finishing activities of pollution treatment and environmental improvement of the daily-life solid waste landfills as prescribed; failing to re-establish the topographical map of the daily-life solid waste landfills as prescribed;

g) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the acts of failing to renovate the landscape or take measures to prevent environmental pollution immediately after closing the daily-life solid waste landfills; failing to organize the observance and monitoring of environmental developments at the daily-life solid waste landfills from the date of closing the landfills and report it to the provincial specialized environmental protection agencies in accordance with regulations.

6. Owners of investment projects, owners or management boards of urban areas, apartment buildings and office buildings committing violations shall be imposed penalties as follows:

a) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the act of failing to arrange equipment, means and locations for conducting at-source classification, collection and storage of daily-life solid waste as prescribed;

b) A fine of between VND 250,000,000 and VND 300,000,000 shall be imposed for the act of failing to organize the collection of waste from households and individuals as prescribed; failing to arrange suitable daily-life solid waste collection points within the premises of the investment projects as prescribed.

7. The violations in ordinary industrial solid waste treatment shall be imposed penalties as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the acts of failing to make periodic or ad-hoc reports on the generation and treatment of ordinary industrial solid waste at the request of competent state management agencies; failing to make a record of handing over ordinary industrial solid waste subject to treatment for each transfer; failing to keep an operation log of treatment systems, means and equipment including preliminary processing, reuse, recycling, co-treatment and energy recovery of ordinary industrial solid waste; failing to formulate a tracking book of products recycled or recovered from ordinary industrial solid waste as prescribed;

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to install means, equipment and tools for storing ordinary industrial solid waste that meet the technical requirements as prescribed;

c) A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed for the disposing of ordinary industrial solid waste that are not suitable for the area of ​​operation, capacity, type of waste, systems and equipment for waste treatment already built or installed as prescribed; failing to establish indoor or outdoor warehouses or storage areas of ordinary industrial solid waste that meet technical requirements on environmental protection as prescribed;

d) A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for the act of failing to establish warehouses or storage areas of ordinary industrial solid waste as prescribed.

8. The acts of transferring, giving or selling ordinary solid waste to an unit that has no function and capability of waste treatment as prescribed; burying, land-filling, dumping, disposing or incineration of ordinary solid waste in contravention of regulations on environmental protection, except for environmental crimes; receiving ordinary solid waste but failing to take treatment measures or failing to transfer to functional units as prescribed shall be imposed penalties as follows:

a) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of less than 1,000 kg;

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 1,000 kg to less than 2,000 kg;

c) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 2,000 kg to less than 3,000 kg;

d) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 3,000 kg to less than 4,000 kg;

dd) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 4,000 kg to less than 5,000 kg;

e) A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 5,000 kg to less than 10,000 kg;

g) A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 10,000 kg to less than 20,000 kg;

h) A fine of between VND 35,000,000 and VND 40,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 20,000 kg to less than 30,000 kg;

i) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 30,000 kg to less than 40,000 kg;

k) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 40,000 kg to less than 60,000 kg;

l) A fine of between VND 100,000,000 and VND 150,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 60,000 kg to less than 80,000 kg, except for environmental crimes;

m) A fine of between VND 150,000,000 and VND 200,000,000 shall be imposed for the acts of transferring, giving, selling, receiving, burying, land-filling, dumping, disposing or incineration of ordinary solid waste with an amount of from 80,000 kg to less than 100,000 kg; except for environmental crimes;

n) A fine of between VND 200,000,000 and VND 250,000,000 shall be imposed for the acts of transferring, giving, selling, receiving or incineration of ordinary solid waste with an amount of 100,000 kg or more.

9. An additional fine equal to 40% - 50% of the above-mentioned fines shall be imposed for the violations specified in Clause 8 of this Article if such violations cause environmental pollution or the ordinary solid wastes contain hazardous environmental parameters in excess of the permissible limits specified technical regulations on surrounding environment. The total fine for each violation shall not exceed VND 1,000,000,000.

10. A fine of between VND 900,000,000 and VND 1,000,000,000 shall be imposed for the violations specified in Clause 8 of this Article in cases where the ordinary solid wastes contain radioactive substances or cause environmental radioactive contamination, except for environmental crimes.

11. Agencies, organizations, production, business and service establishments, investors in infrastructure construction and business in concentrated production, business and service zones, industrial clusters that generate daily-life solid waste with a total volume of less than 300kg/day and choose the form of daily-life solid waste management as households or individuals shall be imposed penalties in accordance with Clause 1 of this Article as for organizations.

12. Additional penalties:

a) Suspension of the operation of the ordinary solid waste treatment establishment for a definite period of between 01 month and 03 months, for the violations specified at Point c Clause 7, Points l, m and n Clause 8, and Clause 9 of this Article;

b) Suspension of the operation of the ordinary solid waste treatment establishment for a definite period of between 03 months and 6 months, for the violations specified in Clause 10 of this Article;

c) Confiscation of means used to commit administrative violations, for the violations specified at Points e, g, h, i, k, l, m and n Clause 8, Clauses 9 and 10 of this Article.

13. Remedial measures:

a) Forcible restoration of the original environmental condition or forcible transfer of ordinary solid waste to functional units for treatment, for the violations specified in Clause 8 of this Article;