What is the penalty for environmental pollution?

Reply: According to Article 235, the 2017 Penal Code stipulates the crime of causing environmental pollution as follows:

1. Anyone who commits one of the following acts shall be subject to a fine of from VND 50,000,000 to VND 500,000,000 or imprisonment from 03 months to 02 years:

a) Illegally burying, filling, dumping, or discharging into the environment 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) Illegally burying, filling, dumping, or discharging into the environment from 500 kilograms to less than 1,000 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 1,500 kilograms to less than 3,000 kilograms of other hazardous waste, but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record cleared, and still committing the violation;

c) Discharge into the environment from 500 cubic meters (m³) per day to under 5,000 m³per day of wastewater with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times or from 300 m³on day to under 500 m³per day of wastewater with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

d) Discharge into the environment 500 m³per day or more of wastewater with hazardous environmental parameters exceeding national technical standards on the environment from 03 to less than 05 times or from 300 m³on day to under 500 m³per day of wastewater with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times, or from 100 m³on day to under 300 m³on a daily basis, wastewater has hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more, but has been administratively sanctioned for one of the acts specified in this Article or has been convicted of this crime, has not had his/her criminal record expunged, and still commits the violation;

d) Discharge into the environment from 150,000 m³over hour to under 300,000 m³per hour of exhaust gas with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times, or from 100,000 m³over hour to under 150,000 m³per hour of emissions with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

e) Discharge into the environment 150,000 m³per hour or more of emissions with hazardous environmental parameters exceeding national technical standards on the environment from 03 to less than 05 times or from 100,000 m³over hour to under 150,000 m³per hour of exhaust gas with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times, or from 50,000 m³ over hour to under 100,000 m³per hour of emissions with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record cleared but still committing the violation;

g) Illegally burying, filling, dumping, or discharging into the environment ordinary solid waste from 100,000 kilograms to less than 200,000 kilograms or from 70,000 kilograms to less than 100,000 kilograms but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

h) Discharging wastewater into the environment, burying, filling, dumping, or discharging solid waste into the environment or emitting radioactive gas containing radioactive substances exceeding the dose value from 50 millisieverts per year to less than 200 millisieverts per year or the dose rate value from 0.0025 millisieverts per hour to less than 0.01 millisieverts per hour.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 500,000,000 to VND 1,000,000,000 or imprisonment from 01 year to 05 years:

a) Illegally burying, filling, dumping, or discharging into the environment 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;

b) Discharge into the environment from 5,000 m³on day to under 10,000 m³per day of wastewater with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times, or from 500 m³on day to under 5,000 m³per day of wastewater with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

c) Discharge into the environment from 300,000 m³over hour to under 500,000 m³per hour of exhaust gas with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times, or from 150,000 m³over hour to under 300,000 m³per hour of emissions with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

d) Illegally burying, filling, dumping, or discharging into the environment ordinary solid waste from 200,000 kilograms to less than 500,000 kilograms;

d) Discharging wastewater into the environment, burying, filling, dumping, or discharging solid waste into the environment or emitting radioactive gas containing radioactive substances exceeding the dose value from 200 millisieverts per year to less than 400 millisieverts per year or the dose rate value from 0.01 millisieverts per hour to less than 0.02 millisieverts per hour;

e) Causing serious consequences.

3. Committing a crime in one of the following cases shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or imprisonment from 03 to 07 years:

a) Illegally burying, filling, dumping, or discharging into the environment 5,000 kilograms or more 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 50,000 kilograms or more of other hazardous waste;

b) Discharge into the environment 10,000 m³per day or more of wastewater with hazardous environmental parameters exceeding national technical standards on the environment from 05 to less than 10 times, or 5,000 m³per day or more of wastewater with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

c) Discharge into the environment 500,000 m³per hour or more of emissions with hazardous environmental parameters exceeding national technical standards on the environment from 05 times to less than 10 times or 300,000 m³per hour or more, emissions with hazardous environmental parameters exceeding national technical standards on the environment by 10 times or more;

d) Illegally burying, filling, dumping, or discharging into the environment 500,000 kilograms or more of ordinary solid waste;

d) Discharging wastewater into the environment, burying, filling, dumping, or discharging solid waste into the environment or emitting gaseous emissions containing radioactive substances exceeding a dose value of 400 millisieverts per year or more or a dose rate value of 0.02 millisieverts per hour or more;

e) Causing very serious or especially serious consequences.

4. The offender may also be fined from VND 30,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years.

5. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) Committing a crime under the provisions of Clause 1 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 7,000,000,000;

b) Committing a crime under the provisions of Clause 2 of this Article shall be subject to a fine of from VND 7,000,000,000 to VND 12,000,000,000 or suspension of operations for a period of from 06 months to 02 years;

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 12,000,000,000 to VND 20,000,000,000 or suspension of operations for a period of from 01 to 03 years;

d) Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations;

d) Commercial legal entities may also be fined from VND 1,000,000,000 to VND 5,000,000,000, banned from doing business, banned from operating in certain fields from 01 year to 03 years.

Thus, for the crime of environmental pollution, the lowest prison sentence can be from 03 months, the highest up to 07 years.