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Vietnam Energy Forum

The penalties for the administrative violations in economical and efficient use of energy

 - The Government has just issued Decree No. 17/2022/ND-CP dated January 31, 2022 amending and supplementing a number of articles of the Decrees on penalizing administrative violations in the fields of chemicals, industrial explosion materials, electricity, safety of hydropower dams, economical and efficient use of energy, commercial activities, producing and trading the imitations and forbidden goods and protection of consumers' interests, oil and gas activities, gasoline and gas trading.

The Decree clearly stipulates the penalty levels for administrative violations in the field of economical and efficient use of energy as follows:

1. The violations against regulations on economical and efficient use of energy in industrial production:

Imposing from 20 to 30 million VND for the behaviors not to implement the technical standards, energy use norms, energy management measures and compulsory technologies of the economical and efficient use of energy applying in design, construction, installation and operation of the energy equipment for energy saving.

2. The violations on economical and efficient use of energy for the transport organizations and enterprises: failing to comply with technical – - Imposing a monetary fine from 3 to 5 million VND for using transport means under the List of means and equipment that must be rejected accordingly to the regulations.

- Imposing a monetary fine from 5 to 10 million VND for the behaviors not to report about using fuel and energy accordingly to the regulations.

- Imposing monetary fine from 30 to 50 million VND for the behaviors to produce the transport equipment and means with non-complying the technical codes, energy consumption norms energy usage norms on economical and efficient use of energy in manufacturing transport equipment and means.

-Imposing a monetary fine from 90 to 100 million VND for the behavior to import transport equipment and means with un-complying the technical codes, energy consumption norms on economical and efficient use of energy for the transport equipment and means.

3. The violations on energy management:

-Making the warnings for the following violations:

+ To the head of a key energy use that does not fully implement the contents of the energy management model for the key energy use facility.

+ To the head of the organization using the state budget that does not fully the regulations on management and economical and efficient energy use including cases: not to develop and send plan on economical and efficient energy use to the local state energy management agencies; energy use situation; not to develop statuses on energy saving in the units; not to comply with the List of the energy saving equipment and means promulgated by competent agencies in procuring energy using equipment and means.

-Imposing a monetary fine from 5 to 10 million VND for behavior not to appoint or appoint the unqualified energy manager

- Imposing a monetary fine from 10 to 20 million VND for not developing the annual and 5- year plans on economical and efficient energy use, not complying with the regulated reporting regime and results of implementing annual and 5-year plans

- The additional sanction: Striping the right to use certificate of energy manager from 06 to 12 months for violation behavior regulated in term 3 of this clause.

4. The violation on energy labeling and using energy labels:

- Making warnings for behavior not labeling the equipment and means that must be labeled at the first time. Imposing a monetary from 10 to 20 million VND for the repeated behavior

- Imposing a monetary fine from 5 to 10 million VND for the behavior not to report or mala fide report to the competent state agency amount, kind of equipment and means that must be labeled, produced, imported, traded and distributed.

- Imposing a monetary fine from 10 to 15 million VND for the violation behaviors on improperly using energy labels as incorrect energy labeling equipment and means or their packages, increasing or decreasing dimensions of energy labels without proportion mistaking information on energy labels.

- Imposing a monetary fine from 15 to 20 million VND for one of the behaviors as not to announce the energy efficiency of equipment and means, continue the old energy labeling equipment and means or not to re-announce energy efficiencies of equipment and means with the new announcing of the competent agency.

- Imposing a monetary fine from 30 to 40 million for one of the following behaviors: not to provide or provide incorrect information about energy efficiency on energy label compared to the announced energy efficiency of the equipment and means (including business of distributing products on digital platform). Not true propaganda, communication about the energy consumption level of the equipment and means

(including business of distributing products on digital platform).

-Imposing a monetary fine from 50 to 60 million VND for the behavior to energy label equipment and means incorrectly with document on energy efficiency or energy label equipment and means when the energy labeling is not announced.

- The additional sanction: Suspending energy labeling for from 04 to 06 months for behavior regulated in term 4 of this Clause.

5. The violation on the List of the equipment and means that must be energy labeled, applying a minimum energy level and an implementing roadmap.

- Imposing a monetary fine from 10 to 20 million for behavior on regulating minimum energy level in producing, importing, trading and distributing the energy equipment and means under the List of the energy equipment and means that must be labeled.

- Imposing a monetary fine from 50 to 60 million VND for behaviors of producing, importing the energy equipment, means under the List of the removed equipment and means.

- The additional sanction: Confiscating the violated exhibits, equipment, means regulated in terms 1 and 2 of this Clause.

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