With increasingly stringent environmental laws, violations related to improper wastewater discharge are now subject to significantly higher penalties. According to Decree 45/2022/ND-CP, offending businesses can be fined up to VND 1 billion, or even face operation suspension. Understanding current regulations helps businesses avoid legal risks and demonstrates corporate responsibility in environmental protection. This article provides updated information on penalties, common violations, and how businesses can proactively prevent them.
1. What is Decree 45/2022/ND-CP?
Decree 45/2022/ND-CP, issued by the Vietnamese Government on July 7, 2022 and effective from August 25, 2022, outlines administrative penalties in the field of environmental protection. This legal document replaces Decree 155/2016/ND-CP, offering adjustments that are more aligned with real-world needs and environmental protection efforts.
The decree clearly defines violations and specific penalties for individuals and organizations. Among them, improper wastewater discharge is considered a serious offense with heavy penalties.
Decree 45/2022/ND-CP aims to strictly penalize actions that harm the environment
1.1 Key Highlights of Decree 45/2022/ND-CP
Compared to the previous regulation, this decree includes notable updates designed to increase deterrence and encourage businesses to enhance environmental responsibility:
|
Violation |
Penalty (VND) |
Actual note |
|
Discharge exceeding technical standards |
100 million - 1 billion VND |
Depending on the level of excess and scale of discharge |
|
No license to discharge into water sources |
100 - 250 million |
Common in small and medium enterprises |
|
Not operating the installed wastewater treatment system |
300 - 500 million |
Many systems are "abandoned" but still handled |
|
Not periodically monitoring wastewater |
100 - 200 million |
Required according to QCVN and environmental records |
|
Removing automatic monitoring equipment |
250 - 500 million |
Can be prosecuted if intentional |
|
Not keeping records of operation and maintenance of the wastewater treatment system |
20 - 60 million |
mall error but real fineMaximum penalty raised to VND 1 billion for serious pollution-causing discharge. |
1.2 Who Does the Decree Apply To?
Decree 45/2022/ND-CP applies to all individuals and organizations, both domestic and foreign, operating within Vietnam and involved in environmental activities. Especially:
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Businesses involved in production and services generating wastewater, emissions, or hazardous waste.
-
Private facilities, factories, industrial zones, and healthcare institutions must fully comply to avoid penalties and reputational damage.
2. Wastewater Violation Penalties under Decree 45/2022/ND-CP
Under this decree, penalties are clearly categorized based on discharge volume, pollution level, and specific violations. Below are key penalty ranges businesses need to be aware of:
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Violation Penalty (VND) Practical Notes
-
Discharge exceeding technical standards 100 million – 1 billion Depends on severity and scale
-
Discharging without a license 100 – 250 million Common among SMEs
-
Not operating installed WWTP 300 – 500 million Systems left unused are still penalized
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No periodic wastewater monitoring 100 – 200 million Mandatory per QCVN and environment dossiers
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Removing automatic monitoring devices 250 – 500 million Can lead to criminal liability if intentional
-
No recordkeeping of WWTP operation/maintenance 20 – 60 million Minor issue but still penalized
3. Consequences of Wastewater Violations
Beyond administrative fines, wastewater treatment violations can lead to serious consequences for businesses, including:
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Reputational damage: Environmental violations are often reported in the media, affecting brand image and customer trust.
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Increased inspections and audits: Regulatory agencies may intensify monitoring, putting pressure on operations.
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Risk of operation suspension: Serious violations can result in partial or total shutdowns, causing significant financial losses.
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Loss of contracts and non-compliance with ESG/CSR standards: Many international and FDI partners now require strict environmental compliance from suppliers.
4. Business Solution: Partner with Dai Nam Environmental Solutions
With environmental regulations becoming tighter, proactive compliance not only protects businesses from fines but also reinforces corporate social responsibility, credibility, and competitiveness.
With over 10 years of experience in environmental services, Dai Nam Environmental Solutions is a trusted partner of hundreds of local and international businesses. We deliver comprehensive, flexible, and cost-optimized wastewater treatment solutions, tailored to your industry and scale.
Dai Nam offers holistic wastewater treatment solutions for businesses.
Our Services:
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Design & construction of wastewater treatment systems that meet QCVN standards
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End-to-end solutions from legal paperwork (EIA reports, discharge permits) to real-time operations
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Periodic environmental monitoring & report submission to authorities
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Environmental staff training & remote operation support
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System upgrades for outdated or inefficient wastewater treatment setups
Complying with wastewater treatment regulations is not only a legal obligation—it safeguards your reputation and aligns your business with increasing global environmental expectations. Decree 45/2022/ND-CP is a firm reminder of the critical role businesses play in environmental stewardship.
If your company seeks a reliable, professional, and cost-effective partner, Dai Nam Environmental Solutions is here to support you in meeting regulatory requirements while optimizing operational efficiency and building long-term competitiveness.
