Proposal to increase penalties and shorten suspension periods for environmental violations

A draft decree regulating administrative penalties in environmental protection, replacing Decree 45/2022/ND-CP and currently under consultation by the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment, proposes higher maximum fines and adjustments to supplementary penalties, including shorter suspension periods for certain violations.

Maximum fines and supplementary penalties

Under the draft, acts violating environmental protection may be fined up to 1,000,000,000 VND for individuals and up to 2,000,000,000 VND for organizations.

In addition to fines, violators may face supplementary penalties such as:

• Revocation of time-limited environmental permits;
• Revocation of certificates of eligibility to operate environmental monitoring services;
• Suspension of activities for a period as prescribed.

Key change: shorter suspension periods for certain cases

The draft proposes adjusting the application of supplementary penalties by shortening suspension periods for facilities, waste sources, or discharges that cause environmental pollution.

According to the ministry’s policy analysis, lengthy suspensions in a narrow context can directly affect corporate investment, employees, and broader economic growth. The draft therefore aims to reduce suspension times and revocation periods for certain violations.

Environmental permits: proposed reductions

For violations related to environmental permits, the draft proposes amendments to increase penalties in some cases to strengthen deterrence, including proposals to double certain penalties.

It also proposes reducing the suspension period of environmental permits to 1–2 months (instead of 3–6 months currently) to address violations more promptly.

Construction and project implementation: proposed reductions

For violations involving the lack of an approved environmental impact assessment (ĐTM) or inadequate environmental protection measures, penalties are proposed to be increased to ensure deterrence.

For projects with no approved ĐTM or lacking environmental protection measures during construction, the draft proposes reducing suspension of construction activities to 1–3 months. Suspension of project implementation for ĐTM assessment delays would be reduced to 3–5 months.

Examples of permit-related violations

The draft includes examples of acts that would be subject to increased penalties, such as:

• Not operating or operating irregularly, or not operating according to procedures for waste treatment facilities;
• Constructing waste treatment facilities not in accordance with the environmental permit.

Fines for cases involving environmental permits under the ministry’s authority

For investment projects requiring an environmental permit under the Ministry of Natural Resources and Environment’s authority, the draft sets fines for different violations, including:

• 400,000,000 to 600,000,000 VND for not having a permit;
• 600,000,000 to 800,000,000 VND for not operating regularly or not operating according to procedures;
• 800,000,000 to 1,000,000,000 VND for not having a compliant waste-treatment facility, or for constructing/installing devices and discharge channels that release untreated or inadequately treated waste.

Adjustments for wastewater, dust, and gas emissions

The draft also revises penalties for discharging wastewater with standard environmental parameters and for dust and gas emissions containing hazardous environmental parameters, including supplementary penalties that suspend the facility’s operation or the waste discharge source to support a more favorable investment environment in line with policy guidance.

Illustrative change in suspension duration

For some violations that previously led to environmental permit revocation for 2–3 months, the draft proposes suspensions reduced to 2–3 months (instead of 6–12 months).

Implementation challenges under Decree 45/2022/ND-CP

The ministry also highlights practical difficulties in implementing Decree 45/2022/ND-CP, including challenges in proving illicit gains and distinguishing violations from gainful activity. It also notes that approvals and ĐTM decision contents are not always precise or detailed.

While the current decree allows revocation of environmental permits as a supplementary penalty, the ministry says enforcement can be complicated in cases where firms use separate primary and secondary environmental permits, raising issues of fairness.

The ministry also points out that penalties may apply to multiple decisions or permits when a single violation occurs across several ĐTM approvals or environmental permits.

Scale of enforcement and policy direction

The ministry notes that more than 2,400 facilities have been penalized for environmental violations, underscoring the scale of enforcement.

The draft decree is positioned as a replacement for Decree 45/2022/ND-CP, aiming to address practical gaps while improving deterrence and reducing undue disruption to business activity.

Reported 10:05, 13/10/2025.