New regulations on sanctioning administrative violations in environmental protection

Starting from 01/02/2017, the Decree No. 155/2016 / ND-CP on sanctioning administrative violations in the field of environmental protection of the Government officially takes effect.

This Decree prescribes acts of administrative violation, sanctioning forms, level of sanction and remedial measures applicable to administrative violation acts, competence to make records of administrative violations, jurisdiction Fines for administrative violations; The responsibility and coordination mechanism in the inspection, examination and sanctioning of administrative violations in the field of environmental protection.

According to Decree No. 155/2016 / ND-CP, administrative violations in the field of environmental protection include:

Acts of violating the regulations on environmental protection planning, environmental impact assessment and environmental protection schemes;

Behavior polluting the environment; Violation of regulations on waste management;

Acts of violating the regulations on environmental protection of concentrated production, business or service establishments;

Violation of regulations on the prevention, combat and remedy of environmental pollution, degradation and incidents;

Acts of administrative violation of biodiversity, acts of obstructing the State management, inspection or examination of sanctioning of administrative violations and other violations of environmental protection.

The acts of obstructing the State management, inspection, examination and sanctioning of administrative violations and other violations of the regulations on environmental protection are specified in Chapter II of this Decree.

Decree No. 155/2016 / NĐ-CP stipulates that the main types of sanctions are warning, fine and additional sanctions such as deprivation of the right to use for a definite term with respect to operating permits and citizenship. Collection of means and material evidences of administrative violations in the field of environmental protection.

In addition, Decree No. 155/2016 / ND-CP provides some of the following remedial measures:

Forcible restoration of polluted environment or restoration of polluted environment; Forced dismantlement or relocation of plants and structures;

Forcible destruction of goods, machinery, equipment, means of transportation, raw materials, fuels, materials and discarded materials, or forcible recovery or disposal of expired or discarded products according to regulations; Forced withdrawal of results arising from illegal access to genetic resources and other measures.

Decree No. 155/2016 / ND-CP also stipulates a number of sanctions and levels of sanctions for violations in the field of environmental protection. Accordingly, a fine of up to 1,000,000 VND if thrown, disposed of, abandoned, samples and cigarette butts not in the right places in the apartment, commercial, service and public places.

Imposing fine of up to VND 3,000,000 if urinating or defecation not at the prescribed places in condominium, commercial, service and public places.

Decree No. 155/2016 / ND-CP stipulates fines of up to VND 7,000,000 for throwing rubbish on the sidewalks, streets and sewage systems.

The regulation imposes a fine of up to VND 1 billion upon import or transit of scrap containing propellant or scrap not on the list of permitted imports.


- Green Trees
- Translation: Christopher