Environmental protection has become a fundamental obligation of individuals, organizations, and governments worldwide. In Vietnam, the legal framework has been continuously strengthened to address environmental violations, particularly acts of illegal waste discharge. The following provides a comprehensive overview of the legal definitions, prohibited acts, administrative penalties, and potential criminal liabilities concerning unlawful waste disposal under Vietnamese law.
- Definition of Waste
According to Clause 18, Article 3 of the 2020 Law on Environmental Protection, waste is clearly and comprehensively defined. Waste is any material existing in solid, liquid, gaseous, or other forms that arises from various activities, including industrial production, commercial business, service provision, domestic activities of individuals and households, and other resource utilization activities that generate waste.
Beyond merely defining waste, the 2020 Law on Environmental Protection emphasizes the crucial role of waste management in safeguarding the environment. Waste segregation, treatment, and recycling are essential measures to mitigate adverse impacts on the environment and public health. The law also imposes responsibilities on organizations and individuals to fulfill their environmental obligations, thereby enhancing public awareness and promoting environmental stewardship across society.
Thus, the concept of waste as outlined in the Law serves not only as a legal definition but also as a foundational basis for environmental policies and management measures aimed at protecting and improving the quality of life.
- Illegal Waste Discharge and Its Prohibition
The act of illegally discharging waste into the environment poses serious threats to environmental quality and public health. Article 7 of the 2020 Law on Environmental Protection expressly prohibits such activities and sets out specific prohibitions.
Firstly, the transportation, burial, dumping, discharge, or burning of waste, particularly hazardous waste, must comply strictly with technical standards and legal regulations. Any deviation from approved waste treatment procedures constitutes a violation.
Secondly, the discharge of untreated wastewater or emissions that fail to meet environmental standards into the environment is strictly prohibited. Organizations and businesses are required to ensure that their waste treatment processes bring discharges to acceptable levels before release to prevent air, water, and soil pollution.
Thirdly, investment projects must meet all environmental protection requirements prior to implementation. Conducting projects or discharging waste without proper environmental permits or approvals constitutes a severe legal violation and is subject to corresponding penalties.
Depending on the severity of the violation, offenders may be subject to administrative sanctions or, in more serious cases, criminal prosecution. Such enforcement measures serve not only to punish violators but also to deter future offenses and promote sustainable community development by reinforcing corporate and individual environmental responsibilities.
- Administrative Sanctions for Illegal Waste Discharge
Under Article 4 of Decree No. 155/2016/ND-CP, illegal waste discharge resulting in environmental pollution constitutes an administrative violation subject to specific penalties.
Primary penalties include warnings, which are applied to minor infractions that do not cause serious environmental consequences. More serious violations may result in monetary fines. The maximum fine for an individual offender can reach VND 1,000,000,000, while organizations may be fined up to VND 2,000,000,000. These heavy penalties underline the seriousness of environmental offenses and are intended to deter violations while promoting a culture of environmental compliance.
Supplementary penalties may also be imposed, including temporary revocation of permits such as the Hazardous Waste Treatment License or the Industrial Emissions Discharge Permit. Authorities may confiscate offending means and tools used to commit the violations, such as vehicles and equipment. Additionally, environmental polluters may face temporary suspension of activities related to waste generation until full remediation of the environmental damage is achieved. Non-polluting activities may continue during this suspension to minimize disruption to legitimate business operations.
Corrective measures must accompany penalties. Violators are often required to restore the polluted environment to its original state or implement specific pollution mitigation actions and report remediation results as per regulatory requirements. It is important to note that the revocation of waste treatment permits affects only waste-related activities and does not completely halt other aspects of business operations.
- Criminal Liability for Illegal Waste Discharge
Under Article 235 of the 2015 Criminal Code (amended and supplemented in 2017), acts of environmental pollution are subject to stringent criminal sanctions, depending on the nature and severity of the violation.
For individuals, criminal acts include illegally burying, dumping, or discharging hazardous waste. Offenses involving between 1,000 kg and under 3,000 kg of specially hazardous waste components exceeding prescribed thresholds, or between 3,000 kg and under 10,000 kg of other hazardous wastes, are punishable by fines ranging from VND 50,000,000 to VND 500,000,000 or imprisonment from 3 months to 2 years. Repeat offenders face significantly higher penalties, including fines from VND 1,000,000,000 to VND 5,000,000,000.
Illegal discharge of wastewater exceeding the allowable pollution limits by 5 to 10 times and involving volumes of 500 m³/day to under 5,000 m³/day can lead to fines between VND 500,000,000 and VND 1,000,000,000, or imprisonment from 1 to 5 years. Serious breaches involving industrial gas emissions volumes of 150,000 m³/hour to under 300,000 m³/hour, also exceeding pollution limits, are subject to fines ranging from VND 1,000,000,000 to VND 3,000,000,000 or imprisonment from 3 to 7 years.
Common solid waste dumping between 100,000 kg and under 200,000 kg, or repeated offenses involving 70,000 kg to under 100,000 kg, can result in fines between VND 1,000,000,000 and VND 5,000,000,000.
For corporate entities, illegal discharge activities such as improperly dumping between 3,000 kg and under 5,000 kg of specially hazardous waste carry fines from VND 5,000,000,000 to VND 10,000,000,000. Enterprises discharging wastewater volumes of 10,000 m³/day or more that exceed pollution thresholds by 5 to 10 times may face fines between VND 12,000,000,000 and VND 20,000,000,000 or suspension of operations for one to three years. Similarly, emissions offenses involving over 500,000 m³/hour are subject to identical penalties.
Supplementary criminal penalties for corporate violators may include prohibition from certain business activities, suspension of professional licenses, and confiscation of assets related to the offense, with a prohibition period ranging from 1 to 5 years.
In conclusion, the regulations governing the illegal discharge of waste into the environment in Vietnam are comprehensive and stringent. They reflect the government’s firm commitment to environmental protection and sustainable development. By establishing clear definitions, prohibitions, administrative sanctions, and criminal penalties, the law aims to deter environmental violations, promote accountability among individuals and organizations, and ensure the long-term health and resilience of Vietnam’s natural environment. It is imperative for all stakeholders to strictly comply with environmental laws to contribute to a cleaner, healthier, and more sustainable future.
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Dinh Phuong Thao