Penalties for violations of Environmental Permits [Latest update]

Penalties for violations of Environmental Permits is important information that businesses need to understand to avoid legal risks and financial losses. Not having an environmental permit or violating environmental protection regulations can lead to high fines, suspension of operations or forced remediation. Understanding regulations helps businesses proactively comply with the law, ensuring stable operations and sustainable development.

What are violations of environmental permits?

Environmental permit is a legal document issued by a competent authority, allowing organizations and individuals to carry out activities that impact the environment such as discharging waste, generating hazardous waste, operating waste treatment systems…

Common violations related to environmental permits include:

• There are no environmental permits when operating.
• Failure to fully implement the contents of the environmental permit.
• Failure to report to authorities when there are changes in environmental activities.
• Failure to disclose environmental permits according to regulations.
• Discharging waste in excess of allowed standards, not building a waste treatment system or not operating properly.

Depending on the level of violation, businesses can be fined up to 1 billion VND, suspended from operations for 3-6 months or forced to overcome consequences.

The penalty for violations of environmental permits according to Decree 45/2022/ND-CP

Violations of environmental permits can lead to fines ranging from tens of millions to billions of dong, depending on the severity and licensing authority of the management agency.

Article 11 of Decree 45/2022/ND-CP has detailed regulations on penalties for each violation, from not disclosing the license, not properly implementing the license content to illegally discharging waste causing serious environmental pollution.

Understanding this regulation helps businesses proactively comply with the law and avoid the risk of sanctions. Penalties for violations are basically regulated as follows:

Violating the environmental permit issued by the district People’s Committee

Enterprises under the licensing authority of the District People’s Committee or equivalent have the following penalties:

• 5 – 10 million VND: Failure to report to the licensing agency when there are changes to the license content or not submitting the license application on time.
• 10 – 15 million VND: Failure to disclose environmental permits according to regulations.
• 15 – 20 million VND: Improper or incomplete implementation of environmental permit content.
• 20 – 25 million VND: Failure to review and upgrade waste treatment works when there are violations of wastewater discharge, dust, and exhaust gases.
• 25 – 30 million VND: Providing inaccurate information in the environmental permit proposal report.
• 30 – 35 million VND: No environmental permit can be reissued upon expiration.
• 35 – 40 million VND: Failure to operate or improper operation of the waste treatment system.
• 40 – 50 million VND: Building an illegal waste discharge system without treatment according to regulations.

Violating the environmental permit issued by the Provincial People’s Committee

Enterprises under the licensing authority of the Provincial People’s Committee will be subject to higher penalties:

• 10 – 15 million VND: Failure to report to the licensing agency when there are changes to the license content or not submitting the license application on time.
• 15 – 20 million VND: Failure to disclose environmental permits according to regulations.
• 20 – 30 million VND: Improper or incomplete implementation of environmental permit content.
• 80 – 100 million VND: Failure to review and renovate waste treatment works when there are violations of wastewater discharge and emissions exceeding standards.
• 100 – 150 million VND: Providing untruthful information in the environmental permit application.
• 150 – 170 million VND: No environmental permit can be reissued upon expiration.
• 170 – 200 million VND: Do not operate or operate the waste treatment system incorrectly.
• 400 – 500 million VND: Building an illegal waste discharge system without treatment according to regulations.

Violating the environmental permit issued by the Ministry of Natural Resources and Environment

Projects that have a major impact on the environment under the licensing authority of the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security will be subject to more serious penalties:

• 15 – 20 million VND: Failure to report changes in license content or late submission of license application documents.
• 20 – 30 million VND: Failure to disclose environmental permits according to regulations.
• 30 – 40 million VND: Providing inaccurate information about waste in the permit application dossier.
• 100 – 150 million VND: Failure to review and renovate waste treatment works when there are violations of waste discharge.
• 150 – 200 million VND: Providing false information about environmental treatment works in licensing documents.
• 200 – 220 million VND: No environmental permit has been reissued according to regulations.
• 220 – 250 million VND: Do not operate the waste treatment system or operate it incorrectly.
• 800 million – 1 billion VND: Building an illegal, untreated waste discharge system.

Depending on the licensing agency, penalties vary, but in general, serious violations will be handled severely, including fines, suspension of operations, and requests for remediation. Complying with regulations on environmental permits not only helps businesses avoid legal risks but also contributes to sustainable environmental protection.

Additional sanctions and remedial measures

In addition to administrative fines, businesses found in violations of environmental permits may be subject to additional penalties and strict remedial measures. These measures are to ensure that businesses strictly comply with legal regulations and do not repeat violations in the future.

Additional sanctions include:

• Stripping the right to use the environmental license for 3 – 6 months, forcing the business to correct violations before continuing to operate.
• Forced demolition of works and equipment built and installed in contravention of regulations on environmental protection to discharge untreated waste into the environment, ensuring that it does not continue to pollute the environment.
• Force the return of illegal profits obtained from violating waste discharge activities to avoid businesses benefiting from violations.

The application of strict handling measures not only helps raise awareness of compliance with environmental regulations but also contributes to sustainable environmental protection and limits illegal discharge of waste causing serious pollution.

Consulting on fines for violations of environmental permits and providing support services in Long Phan

Long Phan provides consulting services on fines for violations of environmental permits and supports businesses in the process of applying for, extending, adjusting, and renewing environmental permits. We help businesses fully meet legal regulations, avoid sanctions risks and ensure sustainable and legal operations. Our services include:

1. Consulting service on fines for violations of environmental permits

Violating regulations on environmental permits can result in businesses being fined from tens of millions to billions of dong, or even suspending operations or being forced to overcome the consequences. Long Phan supports businesses:

• Consulting on penalty levels according to Decree 45/2022/ND-CP for each violation.
• Analyze the level of violations and risks, helping businesses find appropriate solutions.
• Support explanations to authorities when businesses are sanctioned.
• Provide guidance on remedial measures to limit fines and soon stabilize operations.
• Propose long-term compliance solutions to avoid repeat violations and ensure sustainable business operations.

2. Support services for applying, renewing, and adjusting environmental permits

To avoid the risk of sanctions, businesses need to fully carry out procedures for applying for, renewing, and adjusting environmental permits. Long Phan provides full support services, including:

• Consulting on Conditions & Application for Environmental Permit;
• Support in Drafting Dossier for Environmental Permit;
• Support in preparing environmental impact assessment reports (EIA) or environmental protection plans if necessary.
• Provide guidance on additional legal and technical documents to meet the requirements of authorities.
• The business representative submits the application to the competent authority.
• Monitor processing progress and explain when there is a request for adjustment or supplementation.
• Support for renewing environmental permits when they are about to expire.
• Consulting on procedures for renewing and adjusting licenses when businesses change scale, technology, and waste discharge methods.
• Support for re-issuance of environmental permits when lost, damaged or requested by authorities.

Penalties for violations of Environmental Permits can seriously affect business operations, from fines, suspension of operations to requests for remediation. Complying with regulations not only helps businesses avoid risks, but also demonstrates responsibility to the environment and community. Long Phan provides consulting services and support for quickly applying for environmental permits, ensuring compliance with regulations. Contact the hotline 0906735386 immediately for detailed advice!