How will individuals be prosecuted when bringing waste into Vietnamese territory?

Reply:Pursuant to Clauses 1 to 4, Article 239 of the 2015 Penal Code, amended by Point a, Clause 61, Article 1 of the Law amending the 2017 Penal Code, the crime of bringing waste into the territory of Vietnam is regulated as follows:

Crime of bringing waste into Vietnam territory:

1. Anyone who illegally brings waste into the territory of Vietnam in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 1,000,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Transporting from 1,000 kilograms to less than 3,000 kilograms of hazardous waste with especially hazardous components exceeding the hazardous waste threshold as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants or from 3,000 kilograms to less than 10,000 kilograms of other hazardous waste;

b) Bringing from 70,000 kilograms to under 170,000 kilograms of other waste.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 1,000,000,000 to VND 2,000,000,000 or imprisonment from 02 years to 07 years:

a) Organized;

b) Transporting from 3,000 kilograms to less than 5,000 kilograms of hazardous waste with especially hazardous components exceeding the hazardous waste threshold as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants or from 10,000 kilograms to less than 50,000 kilograms of other hazardous waste;

c) Bringing from 170,000 kilograms to under 300,000 kilograms of other waste.

3. Committing a crime in one of the following cases shall be subject to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or imprisonment from 05 years to 10 years:

a) Transporting 5,000 kilograms or more of hazardous waste with particularly hazardous components exceeding the hazardous waste threshold as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants or 50,000 kilograms or more of other hazardous waste;

b) Bringing 300,000 kilograms or more of other waste.

4. The offender may also be fined from VND 50,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

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According to the above provisions, depending on the nature, level of violation and volume of waste that the offender brings into Vietnam, this individual may be prosecuted for criminal liability corresponding to the penalty frames prescribed from Clause 1 to Clause 4, Article 239 above.