On January 31, 2022, the Government of Vietnam established the Decree No. 17/2022/17 Amending and Supplementing a Number of Decrees Stipulating Administrative Penalties in the Fields of Chemicals, Industrial Explosives, Electricity, Hydropower Dam Safety, Effective Use of Energy, Production and Sale of Counterfeit and Banned Goods, Consumer Protection, and Gasoline and Gas Trade (hereinafter “the new Decree”). Articles 1 and 2 of the new Decree amend and supplement the Decree No. 71/2019/ND-CP Stipulating Administrative Penalties in the Field of Chemical Substances and Decree No. 134/2013/ND-CP Stipulating Administrative Penalties in the Fields of Electricity, Hydroelectric Dam Safety and Effective Energy Use, respectively. The new Decree entered into force on the same day as its establishment.
The new Decree can be downloaded at:
Major amendments in the field of chemical substances
Article 1 of the new Decree amends Articles 2–5, 14–19, 23–24, 26–27, 29–32, 51, and 58–61 of the Decree No. 71/2019/ND-CP. The major amendments/supplements are summarized as follows:
|Licensing for restricted chemicals||Operating business not pursuant to the obtained license (e.g., location, size, type of chemicals…)||A fine of VND 30–40 mil. will be imposed.||Amendment|
|Manufacturing or trading restricted chemicals without a license||The regulatory definition of “illegal revenues” (*) has been clarified with respect to the provision “revenues from illegal activities shall be confiscated.”||Supplementation|
|Chemical Accident Prevention and Response Measures
|Failing to submit chemical accident prevention and response measures to the relevant authorities within 10 days of the preparation of the measures.||A fine of VND 4–6 mil. will be imposed.||Newly established|
|Failing to fully compliant chemical accident prevention and response measures||A fine of VND 6–8 mil. will be imposed||Newly established|
|Annual report on chemicals–related activities||Failing to submit an annual report by the deadline (January 15).||A fine of VND 2–6 mil. will be imposed.||Newly established|
|Failing to submit a report via the National Chemicals Database (chemicaldata.gov.vn)||A fine of VND 10–14 mil. will be imposed.||Amendment|
(*) “Illegal revenues” shall mean all profits obtained by an operator under any administrative violation, i.e., the amount generated in sales/consumption activities after deducting the direct costs of constituting the relevant goods. This figure is calculated based on documents provided by the relevant business, such as receipts and other documents.
Major amendments in the field of energy conservation
Article 2 of the new Decree amends Articles 26–32 of the Decree No. 134/2013/ND-CP that cover efficient use of energy. The major amendments/supplements are summarized as follows:
|Item||Violation||Form of Penalty||Note|
|Audit on mass energy facilities||Failing to submit an energy usage report.||A fine of VND 10–20 mil. will be imposed.||Newly established|
|Effective use of energy in industrial production
|Failing to comply with requirements on facilities: energy conservation technologies, energy management measures, and various technical standards for the design, construction, installation, and operation of facilities.||A fine of VND 40–60 mil. will be imposed.||Amendment|
|Energy Management||Failing to submit the mandated annual (or five-year) energy efficiency plan and resulting reports||A fine of VND 20–40 mil. will be imposed. In addition, energy manager’s certificates will be suspended for 6–12 months.||Supplementation|
|Failing to report energy efficiency prior to product labeling; or failing to submit report changes in energy efficiency.||A fine of VND 30–40 mil. will be imposed. In addition, labeling of energy efficiency will be suspended for 4–6 months.||Newly established|
|Information in documents that report energy efficiency mismatches with the information that appears on the relevant product labels or in advertising or promotion materials.||A fine of VND 60–80 mil. will be imposed.||Newly established|
|Failing to label products or equipment in accordance with the information contained in submitted energy efficiency reporting documentation.||A fine of VND 100–120 mil. will be imposed.||Newly established|
|Minimum energy efficiency
|Failing to comply with the minimum energy performance standard (MEPS) in the manufacture, import, trade, or sale of products specified in the List of Products Subject to Energy Labeling (**).
(**) See Decision No. 04/2017/QD-TTg for the List.
|A fine of VND 20–40 mil. will be imposed.||Newly established|
|Manufacturing or importing products specified in the List of Products that Must be Disposed of (***).
(***) See Decision No. 24/2018/QD-TTg for the List.
|A fine of VND 100–120 mil. will be imposed. Imported products must also be re–exported. If they cannot be re–exported, they must be disposed of.||Amendment|