Discharging wastewater beyond technical standards is the most common environmental violation — and the one with the most complex escalating fine scale: the fine depends not only on how many times the standard is exceeded, but accumulates per pollutant parameter. Understanding the calculation under Decree 45/2022/ND-CP helps businesses anticipate legal risk.
This article systematizes penalties for exceeding discharge standards under 2026 law.
1. Current legal framework
- Decree 45/2022/ND-CP (issued 7 July 2022, effective 25 August 2022): administrative penalties in environmental protection — replacing Decree 155/2016/ND-CP and Decree 55/2021/ND-CP, still the sole basis (an amending draft is only at consultation stage, not yet issued);
- The Law on Handling Administrative Violations (amended 2020): fines for organizations are 2 times those for individuals.
The statute of limitations for environmental administrative violations is 2 years.
2. Fine scale for exceeding wastewater standards (Article 18)
Article 18 sets fines for discharging wastewater containing ordinary environmental parameters exceeding waste technical standards. The ranges below apply to individuals:
- Below 1.1 times: warning;
- 1.1 to below 1.5 times (or below 1.1 times with repeat/multiple violations): VND 300,000 – 300,000,000;
- 1.5 to below 3 times: VND 1,000,000 – 700,000,000;
- 3 to below 5 times: VND 10,000,000 – 750,000,000;
- 5 to below 10 times: VND 20,000,000 – 850,000,000;
- 10 times or more: VND 30,000,000 – 950,000,000.
3. Additional fines: what makes the total escalate
Under Clause 7, Article 18, on top of the main fine, an additional fine applies for each parameter exceeding the standard, as a percentage of the highest selected fine:
- 10% — each parameter exceeding 1.1 to below 1.5 times;
- 20% — each parameter exceeding 1.5 to below 3 times;
- 30% — each parameter exceeding 3 to below 5 times (or pH outside the standard range);
- 40% — each parameter exceeding 5 to below 10 times;
- 50% — each parameter exceeding 10 times or more.
Cap: the total fine for each violation must not exceed VND 1 billion (individuals). The maximum fine for one environmental administrative violation is VND 1 billion for individuals and VND 2 billion for organizations.
4. A real 2026 case
A pig farm in Lam Dong province was penalized in 2026 with a discharge flow of 27.55 m³/day and parameters exceeding standards: BOD5 by 6.82 times, Coliforms by 6.6 times, TSS by 5.08 times, COD by 4.35 times. The penalty decision applied Article 18 of Decree 45/2022/ND-CP:
- Main fine: VND 105,000,000 (point d, clause 5, Article 18 — exceeding 5 to below 10 times);
- Additional 40% (VND 42,000,000) for Coliforms exceeding 6.6 times;
- Additional 40% (VND 42,000,000) for TSS exceeding 5.08 times;
- Additional 30% (VND 31,500,000) for COD exceeding 4.35 times.
The lesson: the more parameters exceed standards, the faster the total accumulates — even when each parameter exceeds only moderately.
5. Frequently asked questions
Q: Which range applies to enterprises?
A: The Decree 45/2022 ranges are for individuals; violating organizations are fined double. Businesses should double the figures above when estimating risk.
Q: Are there remedies besides fines?
A: Depending on the act: remedial measures such as environmental restoration, payment of pollution treatment costs, suspension of operations, etc.
Q: Is Decree 45/2022 about to be replaced?
A: An amending draft is under consultation but not yet issued. Until a new instrument takes effect, Decree 45/2022 remains the sole penalty basis.
Need an environmental penalty risk assessment for your facility? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.