The same environmental violation may result in an administrative fine of a few hundred million dong — or in criminal prosecution with years of imprisonment. Where is the line? This article maps the boundary between the two sanction regimes in the environmental sector: administrative sanctions under Decree 45/2022/ND-CP and criminal prosecution under Article 235 of the Penal Code as amended by Law 86/2025/QH15 (effective 1 July 2025).
The dividing principle: one sanction per act
The basic principle: the same environmental violation is subject to either an administrative sanction or criminal prosecution — never both at once. The transfer mechanism is set out in Article 62 of the 2012 Law on Handling Administrative Violations (amended 2020): when a case shows signs of a crime, the authority competent to impose administrative sanctions must transfer the file to the proceeding authorities for criminal prosecution.
Administrative sanctions: Decree 45/2022/ND-CP
Decree 45/2022/ND-CP (effective 7 July 2022, still in force) governs administrative sanctions in environmental protection:
- Maximum fines: VND 1 billion for an individual, VND 2 billion for an organisation per administrative violation;
- Supplementary sanctions: revocation of the environmental licence for a definite term, confiscation of exhibits and means of violation, suspension of operations for a definite term;
- Remedial measures: restoration of the original state, payment of inspection costs, pollution remediation;
- Limitation period: 02 years.
Administrative sanctions apply when the violation has not reached the criminal offence threshold — i.e. below the quantified thresholds of Article 235 of the Penal Code.
Criminal sanctions: Article 235 as amended (Law 86/2025)
Article 235 of the Penal Code sets quantified offence thresholds directly in the statutory text — a distinctive feature of environmental law. Under the new text of Law 86/2025/QH15 (effective 1 July 2025; currently consolidated in Document 135/VBHN-VPQH), Clause 1 provides the following thresholds:
Hazardous waste
- 1,000–under 3,000 kg of especially hazardous types, or 3,000–under 10,000 kg of other types.
Wastewater
- Discharge of 500–under 5,000 m³/day exceeding the QCVN by 03–under 05 times, or 300–under 500 m³/day exceeding the QCVN by 05 times or more. Important: the exceedance thresholds have been lowered compared with the old text (old: 05–under 10 times / 10 times or more).
Emissions
- Discharge of 150,000–under 300,000 m³/hour exceeding the QCVN by 03–under 05 times, or 100,000–under 150,000 m³/hour exceeding by 05 times or more.
Radioactive substances
- Exceeding the permitted dose by 50–under 200 mSv/year or a dose rate of 0.0025–under 0.01 mSv/hour.
Reading rule: reaching or exceeding these thresholds → criminal prosecution; below the thresholds → administrative sanction under Decree 45/2022/ND-CP.
The bridge from administrative to criminal: reoffending after sanction
The core distinctive feature of environmental law is this “bridge”: points b, d, dd, e, g of Clause 1, Article 235 cover conduct at lower thresholds (e.g. 500–under 1,000 kg of especially hazardous waste) where the violator has already been administratively sanctioned for an act under this Article or convicted of this crime, with the criminal record not yet expunged, and reoffends → still constitutes a crime.
In other words: a prior administrative sanction for discharge followed by reoffending, even at a lower level, can lead to criminal prosecution. This is why businesses must never treat an administrative sanction decision in the environmental sector lightly.
Penalty frames after Law 86/2025 (conduct from 01/7/2025)
- Clause 1: fine of VND 100 million–1 billion or imprisonment of 02–03 years;
- Clause 2 (causing serious consequences…): fine of VND 1–2 billion or imprisonment of 03–05 years;
- Clause 3: fine of VND 2–6 billion or imprisonment of 05–07 years;
- Clause 5 (legal entities): fine of VND 6–40 billion or suspension of operations for a definite term.
Note: there is no Council of Justices resolution quantifying “causing serious consequences” (Clause 2, point e) or “very serious or particularly serious consequences” (Clause 3, point e) — the statutory wording must be read as written, without inventing thresholds.
Application over time: the 01/7/2025 milestone
The new Article 235 is “unfavourable” to offenders (higher penalties + lowered environmental parameters), so it applies only to conduct committed from 1 July 2025 onwards. Earlier conduct is governed by the old text (the transitional provisions of Law 86/2025).
Summary map of the boundary
| Situation | Sanction |
|---|---|
| Violation below the Article 235 quantified thresholds | Administrative sanction (Decree 45/2022/ND-CP), max VND 1 billion (individual) / 2 billion (organisation) |
| Violation reaching/exceeding the Clause 1 Article 235 thresholds | Criminal prosecution (Clause 1: VND 100m–1bn or 2–3 years’ imprisonment) |
| Lower threshold but prior sanction/conviction not expunged and reoffending | Criminal prosecution (Clause 1, points b, d, dd, e, g) |
| Serious / very serious / particularly serious consequences | Aggravated frames, Clauses 2 and 3 |
Note: This article is for general information only and does not constitute legal advice. Every specific case must be assessed on its file, evidence and the law in force at the time of writing (14/10/2026). For assistance, please contact FLAT Law Firm.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
