How are violations of regulations on hazardous waste management handled?
(Baonghean.vn)- I want to know where the crime of violating regulations on hazardous waste management is regulated and how it is handled?. The issue of concern of Mr. Ngo Van Long (Hung Nguyen, Nghe An).
Reply:The crime of violating regulations on hazardous waste management is stipulated in Article 236 of the 2015 Penal Code (amended and supplemented in 2017) specifically as follows;
1. Any person with authority who allows the illegal burial, filling, dumping or discharge of hazardous waste in the list of persistent organic pollutants that must be eliminated according to the provisions of Appendix A, Stockholm Convention on Persistent Organic Pollutants from 3,000 kilograms to less than 5,000 kilograms; waste containing radioactive substances, causing environmental contamination from radioactive sources with a level of danger below average according to the National Technical Regulation on Radiation Safety - grouping and classifying radioactive sources exceeding the permitted standards, shall be subject to a fine of from VND 50,000,000 to VND 200,000,000, non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 1,000,000,000 or imprisonment from 02 years to 05 years:
a) Hazardous waste in the list of persistent organic pollutants that must be eliminated according to the provisions of Appendix A, Stockholm Convention on Persistent Organic Pollutants from 5,000 kilograms to less than 10,000 kilograms; waste containing radioactive substances, causing environmental contamination from radioactive sources of medium danger level according to national technical regulations on radiation safety - grouping and classifying radioactive sources exceeding the permitted standards;
b) Organized;
c) Committing the crime two or more times;
d) Dangerous recidivism.
3. Committing a crime in the case of hazardous waste in the list of persistent organic pollutants that must be eliminated according to the provisions of Appendix A, Stockholm Convention on Persistent Organic Pollutants of 10,000 kilograms or more; waste containing radioactive substances, causing environmental contamination from radioactive sources with a level of danger above average according to national technical regulations on radiation safety - grouping and classifying radioactive sources exceeding the permitted standards, shall be punished with imprisonment from 05 years to 10 years:
4. The offender may also be fined from VND 10,000,000 to VND 150,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, the crime of violating regulations on hazardous waste management is regulated in Article 236 of the 2015 Penal Code (amended and supplemented in 2017). The highest prison term for the crime of violating regulations on hazardous waste management is up to 10 years.