New regulations for sanction of administrative violations in environmental protection to take effect from July 10, 2021

06/16/2021

The Government has issued on May 24 Decree No. 55/2021/ND-CP (Decree No.55) amending and supplementing a number of articles of Decree 155/2016/ND-CP dated November 18, 2016 of the Government on sanctioning of administrative violations in the field of environmental protection.  

Accordingly, Decree No.55 will take effect from July 10, 2021, amending and supplementing articles of Decree No. 155/2016/ND-CP including amendment to point a, clause 2, Article 1; supplementing Clauses 3 and 4 to Article 2; amending Clauses 4, 7, 8, 10 and 11, supplementing Clauses 14 and 15 Article 3; supplementing Point c, Clause 2, and Points o, p, q, r, s and t of Clause 3 and Clause 4, Article 4; amending and supplementing Articles 6, 8, 9, 11, 12, 13, 14, 20, 21, 22, 23, 24, 25, 29, 32, 33, 34, 39, 40, 44, 46, 49, 52; amending point c, Clause 2, Article 7; amending Point đ Clause 8 Article 19;  amending and supplementing Point đ Clause 2 Article 48; supplementing Clause 4, Article 55; and Amending Clause 1 and add Clause 4, Article 56.

In addition, Decree No. 55 also replaces Article 10; adds Article 13a before Article 13; replaces point b and add point d, clause 8, Article 15; replaces point b and adds point d, clause 9, Article 16; and Point c, Clause 4, Article 27 was annulled.

According to Decree No. 55, acts of importing and transiting scrap containing radioactive substances or importing scraps not on the list of scraps allowed to be imported may be fined up to 1 billion VND

For acts of administrative violations on environmental protection occurring before the effective date of Decree No. 55 and are detected or considered for sanctioning decisions when the decree took effect, the provisions of Decree No. 55/2021/ND-CP shall be applied in case the decree does not stipulate liability or provides for lighter liability.

For decisions on sanctioning administrative violations that have been issued before the effective date of Decree No. 55, but individuals or organizations have been sanctioned for administrative violations still have complaints, the provisions of the Law on Handling of administrative violations shall be applied.