What is the crime of violating regulations on protecting the safety of irrigation works, dykes and natural disaster prevention and control; violating regulations on protecting river banks and beaches?

Reply: Pursuant to Article 238 of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code, the crime of violating regulations on protecting the safety of irrigation works, dykes and natural disaster prevention and control; violating regulations on protecting river banks and beaches is as follows:

“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) Bringing from 1,000 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 to less than 10,000 kilograms of other hazardous waste;

b) Bringing from 70,000 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 to 07 years:

a) Organized;

b) Bringing from 3,000 to under 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 to under 50,000 kilograms of other hazardous waste;

c) Bringing from 170,000 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 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 10,000,000 to 50,000,000 VND, banned from practicing a profession or doing certain jobs from 02 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 300,000,000 to VND 1,000,000,000;

b) Committing a crime under the provisions of Clause 2 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or suspension of operations for a period of from 06 months to 01 year;

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 5,000,000,000 to VND 7,000,000,000 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 100,000,000 to VND 500,000,000 and banned from doing business or operating in certain fields for a period of 01 to 03 years.

Thus, the crime of violating regulations on protecting the safety of irrigation works, dykes and natural disaster prevention and control; violating regulations on protecting river banks and beaches is regulated in Article 238 of the 2015 Penal Code (amended and supplemented by the 2017 Penal Code) including 04 penalty frames for individuals and 05 penalty frames for commercial legal entities committing crimes.

PL