Vietnam Introduces Administrative Sanctions for Environmental Violations: Decree 45

2022-08-02

The Vietnamese government recently issued Decree 45 in July 2022, regulating fines in the field of environmental protection. The Decree is a step in the right direction as Vietnam transitions to a green economy, showing serious commitment to environmentally responsible practices as is effective August 25.

In July, the Vietnamese government, with an aim of reinforcing environmental compliance and responsibility on every level, issued Decree 45/2022/ND-CP (Decree 45) on sanctions of administrative violations against environmental protection. The Decree will enter force from August 25, 2022, and apply to all domestic/foreign individuals/organizations of all forms (enterprises, investors, non-business units), household/business households, and residential communities.

The sanctions apply to violations against:

  • Regulations on environmental registration/assessment/permits;
  • Environmental protection in commercial activities;
  • Causing environmental pollution including air, water, and land pollution;
  • Improper waste management;
  • Improper destruction or disposing of machinery;
  • Improper control of noise and vibration;
  • Improper exploitation of natural resources, and
  • Improper development of genetically modified organisms (GMO).

Vietnam Briefing explores the key elements of Decree 45 and how businesses can effectively comply with the required regulations.

Decree 45 highlights: Sanction categories, forms, and levels

Decree 45 sanctions in four main categories: warning, monetary fine, additional sanctions, and restoration measures.

The fine at its maximum is VND 1 billion (US$42,808) for individuals and VND 2 billion (US$85,616) for organizations. A point to note is that, for the same violation, organizations are subject to fines two times higher than individuals.

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Vietnam Briefing, 2-08-2022
; https://www.vietnam-briefing.com/news/vietnam-introduces-administrative-sanctions-for-environmental-violations-decree-45.html/