PENALTIES FOR VIOLATIONS OF SOIL ENVIRONMENTAL PROTECTION REGULATIONS

The following article provides readers with the current legal regulations on soil environmental protection and the penalties for violating these regulations.

I. What is the soil environment?

The soil environment serves as the habitat for humans and numerous animal species. Violations of soil environmental protection involve introducing hazardous waste or energy to levels that negatively impact the lives of organisms and human health.

Soil pollution affects groundwater resources. Chemicals not properly handled seep into the soil and underground water systems. The rate of seepage depends on soil types and is more prevalent in industrial zones, farms, and landfills.

Deforestation and soil erosion force many animals to migrate in search of new habitats, food, and water. Soil pollution not only impacts biodiversity but also directly and indirectly affects human life and health, potentially causing diseases like cancer, leukemia, and liver poisoning due to exposure to chemicals such as chromium, lead, benzene, etc.

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II. Legal regulations on soil environmental protection

Addressing violations of soil environmental protection involves reviewing and deciding on the application of legal responsibilities for individuals and organizations that breach soil environmental protection laws.

Some actions causing soil pollution include:

  • Burying or discharging untreated waste, non-biodegradable organic waste, hazardous substances, or radioactive waste into the soil.
  • Using microbial products, chemical fertilizers, pesticides, or other chemicals in agricultural activities that pollute the soil.
  • Destroying soil, altering its topography, or reducing its usability for designated purposes.
  • Manufacturing, processing, or trading in banned or restricted pesticides in Vietnam that pollute or degrade the soil environment.
  • Using plant protection measures containing antibiotics harmful to humans, organisms, and the soil environment.
  • Exploiting positions of authority to act against regulations on land resource management and protection.

III. Penalties for violating soil environmental protection regulations

Article 37, Decree 45/2022/ND-CP specifies the penalties for violations of soil environmental protection regulations as follows:

  • A fine of 50,000,000 to 60,000,000 VND for failing to conduct preliminary or detailed investigations of polluted soil areas or failing to report the results of remediation and soil restoration to the provincial environmental protection agency.
  • A fine of 60,000,000 to 80,000,000 VND for failing to prepare a plan for treating, rehabilitating, and restoring polluted soil areas or failing to submit such plans to the provincial environmental protection agency for inspection and monitoring.
  • A fine of 80,000,000 to 100,000,000 VND for failing to implement treatment, rehabilitation, and restoration of polluted soil areas as required by regulations.

Remedial measures:

Violators are required to implement measures to remediate pollution in accordance with regulations and report the completion of these measures within the timeframe specified in the administrative penalty decision issued by the competent authority for violations outlined in this Article.

Source: Compiled by NGO

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