Vietnam Vietnam: waste treatment company fined 500 million VND for environmental violations

Vietnam: waste treatment company fined 500 million VND for environmental violations

In early December 2022, the Ministry of Natural Resources and Environment of Vietnam (MONRE) issued Decision 12/QĐ-XPHC that imposed a fine of 505 million VND on a Japanese waste treatment company, located in Thang Long Industrial Park II in Hung Yen, for its violations against environmental regulations. The authority had conducted an environmental investigation of the company’s site in the late August 2022.

 

The major violations identified in the investigation and penalties imposed on the company are summarized as follows:

(VND 1,000,000≒USD 42.6)

Violations Penalties Regulations
  • Not declaring hazardous waste
  • Not using manifest for hazardous waste
Fine of 30,000,000 VND Decree No. 155/2016/ND-CP Article 23, Paragraph 1c

(Partly amended by Decree 55/2021/ND-CP Article 1, Paragraph 21a)

  • Inaccurate/Insufficient report of environment protection activities
Fine of 15,000,000 VND Decree No. 45/2022/ND-CP

Article 43, Paragraph 1

  • Not providing an account for satellite-based monitoring device for means of waste transportation
Fine of 70,000,000 VND Decree No. 45/2022/ND-CP

Article 30, Paragraph 2b

  • Not operating a GPS system adequately though it is equipped for hazardous waste transportation
Fine of 70,000,000 VND Decree No. 45/2022/ND-CP

Article 30, Paragraph 2a

  • Not implementing matters required by the relevant environment license
Fine of 200,000,000 VND, and suspension from hazardous waste treatment business for a month Decree No. 45/2022/ND-CP

Article 31, Paragraph 4c

Not packaging and storing hazardous waste following applicable laws, for example:

  • Not placing vacant paint bottles and used chemical containers at a designated collecting spot, but leaving them at several places on the site
  • Waste oil trays are not equipped at waste storage sites
Fine of 30,000,000 VND Decree No. 45/2022/ND-CP

Article 29, Paragraph 2c

  • Not packaging and storing hazardous waste with proper packaging or containers that meet technical requirements
Fine of 90,000,000 VND Decree No. 45/2022/ND-CP

Article 29, Paragraph 3dd

 

The result of the environmental investigation was evaluated against the Environmental Protection Law 2020, which was enforced in 2022, and subordinate laws thereof, as well as Decree No. 45/2022/ND-CP on Administrative Penalties for Violations in the Field of Environmental Protection. Because some violations were made before Decree No. 45/2022/ND-CP was enforced, those violations were thought to be given penalties based on past regulations, namely Decree No. 155/2016/ND-CP and Decree No. 55/2021/ND-CP.

 

The original text of the article can be read from the link below:
https://monre.gov.vn/Pages/cong-khai-vi-pham-cac-linh-vuc-tn&mt.aspx

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji