Protecting the environment requires shared awareness

Everyone always has the desire to live and work in a safe environment. However, there are still people with limited awareness about protecting and preserving their own living environment as well as that of the community.

It is also because of the desire to enjoy a good living environment without being associated with the responsibility to protect it that law provides sanctions to educate and deter those lacking awareness and responsibility.

Rights come with obligations

It is no coincidence that G.M. (Binh Phuoc ward) is constantly complained about by neighbors in her small alley for failing to maintain public hygiene. She’s always let domestic wastewater spill into the alley, creating an unsightly appearance and affecting the shared pathway.

Her neighbor, Ha My, shared: She had tactfully reminded G.M. several times, but the latter would only keep things clean for a few days before reverting to old habits. The wastewater she released during cleaning the house, washing vehicles, or washing dishes would flow daily into the street, making it slippery and giving off an unpleasant odor.

“In terms of aesthetics, discharging domestic wastewater into the street is wrong and uncivilized. I want to know if there are any legal regulations that impose sanctions on people who irresponsibly discharge wastewater into the street like that?” Ha My questioned.

A pond filled in by V.Q. (Xuan Bac Commune) was deemed by residents to have affected their daily life. Photo: D. Phu

When V.Q. (Xuan Bac commune) had workers filled in a pond, residents living nearby initially thought: It was normal for farmers and did not pay much attention. However, after a few days, the area where soil and other materials had been dumped began emitting a foul smell, and nearby wells used for daily activities were affected, only after residents voiced objections did V.Q. temporarily stop the work and install corrugated metal fencing around the pond.

H.T.C. ( who lives near the land where V.Q. was filling in the pond), asked: How does the law deal with V.Q.’s pond-filling activity once it causes environmental harm?

Lawyer Vu Van Tang (Dong Nai Province Bar Association) said: According to Article 4 of the 2020 Law on Environmental Protection: Environmental protection is the right, obligation, and responsibility of all agencies, organizations, residential communities, households, and individuals. Environmental protection must be harmoniously linked with social security, children's rights, gender equality, ensuring everyone’s right to live in a healthy environment. Agencies, organizations, communities, households, and individuals that benefit from the environment are obliged to contribute financially to environmental protection activities; those who cause pollution, incidents, or environmental degradation must pay, compensate for damages, remedy the situation, and bear other responsibilities as prescribed by law.

“Therefore, when individuals fail to fulfill their environmental protection obligations, depending on the nature, severity, and consequences of the violation, they will face administrative or criminal sanctions,” lawyer Vu Van Tang emphasized.

Strict sanctions for acts causing environmental pollution

According to legal expert Ngo Van Dinh (Dong Nai Province Lawyers’ Association), G.M.’s act could be subject to a fine of between 500,000 and 1 million VND under Point c, Clause 2, Article 25 of Decree 45/2022/ND-CP dated July 7, 2022, on administrative penalties in the field of environmental protection (Decree 45 for short), for discharging wastewater in public places not designated for it.

As for V.Q.’s case, many other factors must be considered, such as whether the pond-filling was authorized by the authorities (i.e., whether the change in land use purpose was approved); what materials were used for filling (soil, stone, common solid household waste, industrial waste,…); the extent of pollution; and the degree of damage caused to surrounding wells… Only then can the appropriate handling be determined based on current regulations.

For example, under Clause 2, Article 14 of Decree 123/2024/ND-CP dated October 4, 2024, on administrative penalties in the field of land management (Decree 123 for short), altering the terrain in cases such as filling land with dedicated water surfaces (except irrigation lakes) or leveling agricultural or aquaculture land in a way that reduces its intended use capacity is punishable by a fine of 5-10 million VND for land areas under 0.05ha, or 10-200 million VND for areas from 0.05ha to 1ha or more.

Under Clause 3, Article 14 of Decree 123, acts causing soil pollution will be penalized according to the regulations on administrative penalties in the field of environmental protection.

In addition, Clause 9, Article 26 of Decree 45 stipulates that fines can be increased by 40-50% of the corresponding amount for violations specified in Clause 8, Article 26 of Decree 45 if they cause environmental pollution or if common solid waste contains hazardous environmental parameters exceeding environmental technical standards. The total fine for each violation must not exceed 1 billion VND.

Point a, Clause 1, Article 235 of the 2025 Penal Code (amended and supplemented in 2017) stipulates that anyone who illegally buries, fills, dumps, or discharges between 1,000 and less than 3,000 kg of hazardous waste with particularly dangerous components exceeding the hazardous waste threshold as prescribed by law, or containing substances banned under Annex A of the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 and less than 10,000 kg of other hazardous waste, shall be fined between 50 million and 500 million VND or face imprisonment from three months to two years.

By Doan Phu

Translated by Minh Hanh – Thu Ha