SOME GENERAL ISSUES ON CRIMES AND VIOLATIONS OF ENVIRONMENTAL LAWS IN PAPER AND PULP PRODUCTION ACTIVITIES IN VIETNAM

ABSTRACT

This paper examines the environmental characteristics, regulatory framework, and legal violations associated with pulp and paper production in Vietnam. The paper categorizes typical violations, identifies liable subjects, and assesses fault forms, emphasizing the predominance of intentional violations driven by economic motives. Additionally, it evaluates corresponding sanctions, including criminal penalties, administrative fines, and remedial measures. The findings highlight the strictness of Vietnam’s environmental law enforcement and underscore the necessity of sustainable compliance within the pulp and paper sector.

АННОТАЦИЯ

В данной статье рассматриваются экологические характеристики, нормативно-правовая база и правовые нарушения, связанные с производством целлюлозы и бумаги во Вьетнаме. В статье классифицируются типичные нарушения, определяются ответственные субъекты и оцениваются формы правонарушений, подчеркивая преобладание умышленных нарушений, мотивированных экономическими мотивами. Кроме того, в ней оцениваются соответствующие санкции, включая уголовные наказания, административные штрафы и меры по устранению нарушений. Результаты подчеркивают строгость соблюдения природоохранного законодательства Вьетнама и необходимость устойчивого соблюдения требований в целлюлозно-бумажном секторе.

Keywords: Pulp and paper industry; environmental protection; environmental law violations; environmental crime; Vietnam; environmental regulation.

Ключевые слова: Целлюлозно-бумажная промышленность; охрана окружающей среды; нарушения экологического законодательства; экологические преступления; Вьетнам; экологическое регулирование.

1. Paper and pulp are the two primary products of the paper industry. Pulp is a mixture of cellulose obtained from raw materials such as wood, bamboo, reed, or straw. It is used as the fundamental feedstock for paper manufacturing and may be utilized in either its unbleached form or after bleaching, depending on the requirements of the final product. Paper, produced from pulp, has broad applications across printing, packaging, and consumer goods such as tissue, writing paper, and various types of packaging materials. Characteristics of Pulp and Paper Production Related to Environmental Protection:

- Compliance with complex, multi-stage production processes. Pulp and paper manufacturing requires strict adherence to a sequence of technologically specific stages, each associated with distinct environmental impacts. The production process includes raw material harvesting, pulping, bleaching, pressing, and drying. Each of these stages may give rise to adverse environmental effects. For instance, during the pulping stage, alkaline chemicals and bleaching agents can cause significant pollution if improperly handled. Similarly, the pressing and drying stages may generate gaseous emissions containing hazardous compounds such as sulfur dioxide or volatile organic compounds (VOCs), which require effective monitoring and treatment to prevent environmental harm.

- Raw material utilization: The industry relies primarily on wood as its main feedstock. Unsustainable logging practices, however, can lead to deforestation, depletion of natural resources, and disruptions to ecological balance. The use of alternative cellulose sources - such as bamboo, reed, or straw, also necessitates sustainable management to avoid environmental degradation. Each type of raw material requires specific collection, storage, and preliminary processing methods due to its unique characteristics. Wood processing may generate issues such as sawdust and wood debris, while recycled paper pulp often contains contaminants such as ink, plastics, or metal particles, requiring intensive washing and decontamination stages.

The production process further involves the use of substantial quantities of chemicals alkalis, bleaching agents, and various additives, as well as large volumes of water for pulp dispersion and sheet formation. The nature and intensity of chemical use vary across product types, necessitating meticulous process control, technological optimization, and robust waste-management systems. Notably, recycled-pulp production poses additional environmental risks due to the potential presence of residual contaminants that are difficult to remove completely.

- Generation of diverse, complex waste streams: Pulp and paper production generates various waste types, including wastewater, solid waste, and gaseous emissions. Wastewater typically contains bleaching chemicals, organic matter, and wood-derived impurities. Solid waste, such as sludge and ash, may contain hazardous substances requiring specialized disposal. Air emissions from combustion processes and bleaching operations may contain sulfur dioxide and other air pollutants. The diversity and complexity of these waste streams necessitate advanced, integrated treatment technologies to minimize environmental impacts.

2. Violations of Environmental Law. Violations of environmental law refer to unlawful acts committed by entities possessing legal capacity, performed with fault, and infringing upon social relations in the field of environmental protection, thereby giving rise to legal liability. Such violations include:

1) Transporting, burying, dumping, discharging, or incinerating solid waste or hazardous waste in contravention of technical procedures and legal regulations on environmental protection;

2) Discharging untreated wastewater or emissions that fail to meet environmental technical standards into the environment;

3) Releasing into the environment toxic substances, harmful viruses capable of infecting humans, animals, or microorganisms that have not been inspected; disposing of carcasses of animals that died from epidemics; and other harmful agents affecting human health, biological organisms, or the natural environment;

4) Generating noise and vibration levels exceeding permissible limits under environmental technical standards; emitting smoke, dust, or gases with toxic odors into the atmosphere;

5) Implementing investment projects or discharging waste without fulfilling the conditions prescribed by environmental protection laws;

6) Importing, temporarily importing, re-exporting, or transiting waste from abroad under any form;

7) Illegally importing used vehicles, machinery, or equipment for dismantling or recycling;

8) Failing to implement facilities, measures, or activities for preventing, responding to, and remedying environmental incidents in accordance with environmental protection laws and relevant legal provisions;

9) Concealing acts that cause environmental pollution; obstructing or falsifying information; engaging in fraudulent practices in environmental protection activities leading to adverse environmental consequences;

10) Producing or trading products harmful to human health, biological organisms, or nature; producing or using raw materials and construction materials containing toxic elements exceeding permissible limits under environmental technical standards;

11) Producing, importing, temporarily importing, re-exporting, or consuming substances that deplete the ozone layer in accordance with international treaties on ozone-depleting substances to which the Socialist Republic of Vietnam is a party;

12) Destroying or illegally encroaching upon natural heritage sites;

13) Damaging or illegally occupying facilities, equipment, or vehicles intended for environmental protection activities;

14) Abusing positions or powers to contravene environmental protection laws (Article 6, Law on Environmental Protection 2020)

Pulp and paper manufacturing activities inherently carry significant risks of environmental law violations, with typical forms including the improper transport, burial, dumping, discharge, or incineration of solid or hazardous waste in contravention of technical standards and environmental regulations; the release of untreated wastewater or emissions that do not meet environmental technical requirements; and the dissemination of toxic substances into the environment. Under current legal frameworks, environmental violations - both in general and within the pulp and paper sector - are categorized as criminal offenses or administrative violations. In cases where such violations cause damage, civil liability for compensation may also apply. However, within the scope of this study, the analysis primarily focuses on criminal acts and administrative violations.

Violations of environmental law in the pulp and paper industry exhibit the general characteristics of legal violations while also possessing specific features, including the following:

First, regarding the legal basis and forms of violations. Environmental crimes in the pulp and paper sector constitute a specific category within the broader group of environmental crimes prescribed in Chapter XIX of the current Penal Code (Articles 235–246). Within this industry, criminal acts may include the discharge of untreated wastewater, the emission of toxic gases, or the improper handling of solid waste, all of which exert severe impacts on the environment and public health. In practice, environmental crimes committed in pulp and paper production are predominantly associated with several offenses, including: Environmental pollution (Article 235); Violations of regulations on hazardous waste management (Article 236); Violations of regulations on environmental incident prevention (Article 237); Illicit introduction of waste into the territory of Vietnam (Article 239) under the current Penal Code.

Regarding administrative violations, the legal basis for identifying such acts is provided across various legislative documents. Pursuant to the prohibited acts listed in Article 6 of the Law on Environmental Protection 2020 and the characteristics of pulp and paper production, prohibited conduct includes: the discharge of untreated or noncompliant waste into the environment; the emission of smoke, dust, or gases containing toxic substances or odors; the release of ionizing radiation exceeding allowable limits; the generation of noise or vibration beyond environmental technical standards; and the importation of waste from abroad in any form.

Additionally, under Government Decree No. 45/2022/NĐ-CP dated 07 July 2022 on administrative penalties in the field of environmental protection, violations related to pulp and paper production include, among others: Violations of regulations on environmental impact assessment reports; Violations regarding the discharge of wastewater containing conventional environmental parameters; Violations regarding the discharge of wastewater containing hazardous environmental parameters; Violations concerning the emission of dust and gases containing conventional environmental parameters; Violations concerning the emission of dust and gases containing hazardous environmental parameters; Violations related to noise and vibration; Violations of regulations on the collection, transport, burial, disposal, and discharge of domestic and industrial solid waste; Violations of environmental protection obligations for hazardous waste generators; Violations of environmental protection requirements pertaining to the import of scrap materials (as stipulated in Chapter II of Decree No. 45/2022/NĐ-CP).

Second, regarding the subject of violations. Environmental crimes in pulp and paper production may be committed by individuals or commercial legal entities possessing criminal liability capacity. Similarly, the subjects engaging in administrative violations in this sector include agencies, organizations, and individuals involved in processes relating to environmental management and compliance during production. These subjects must possess full legal responsibility capacity as prescribed by law. Within the scope of this study, the subjects examined are individuals and organizations directly involved in pulp and paper production activities.

Third, regarding the form of fault (mens rea). Environmental law violations in pulp and paper production may arise from either intentional or unintentional fault. Individuals or organizations engaged in production may be aware that their actions could harm the environment and public health but still deliberately engage in such acts or fail to implement measures to mitigate adverse impacts. In practice, however, violations in this field are predominantly intentional, wherein entities knowingly engage in conduct that poses environmental risks. The motivations for such violations often stem from economic benefits or a lack of concern for long-term environmental consequences.

Fourth, regarding sanctions and enforcement measures. Depending on the nature and degree of social harm caused by the violation, the responsible subject may be subject to criminal liability, administrative sanctions, or civil compensation. Specifically: For criminal offenses prescribed under Articles 235, 236, 237, and 239 of the Penal Code 2015 (as amended in 2025), offenders may be subject to fines ranging from VND 100,000,000 to VND 6,000,000,000, non-custodial reform, or imprisonment for up to 10 years. In addition, offenders may also face supplementary penalties, including fines, prohibitions from holding certain positions, or bans from engaging in specific professions or activities for a period of 1 to 5 years.

In cases where a commercial legal entity commits an environmental crime, Articles 235, 237, and 239 of the Penal Code provide that such entities may be fined from VND 2,000,000,000 to VND 40,000,000,000; suspended from operation for 6 months to 3 years; or permanently suspended. Supplementary sanctions applicable to commercial legal entities include additional fines or prohibitions on engaging in specific business sectors for a period of 1 to 3 years.

Regarding administrative sanctions, the Law on Environmental Protection 2020 and Government Decree No. 45/2022/NĐ-CP provide detailed penalties for violations, especially those committed in pulp and paper production. The principal forms of administrative sanctions include warnings and monetary fines. The maximum fine for a single administrative violation in the environmental sector is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations. Supplementary administrative sanctions may also apply, such as temporary suspension of licenses or operational suspension in accordance with Clause 2, Article 25 of the Law on Handling of Administrative Violations, as well as the confiscation of instruments or means used to commit the violation.

In addition to the principal and supplementary sanctions laid out in Clauses 1 and 2 of Article 4 of Decree No. 45/2022/NĐ-CP, individuals and organizations committing administrative violations may also be subject to one or multiple remedial measures within a timeframe determined by the competent sanctioning authority. These measures include: restoring the environment to its original state or rehabilitating the environment as required by law; dismantling structures or equipment illegally constructed for the purpose of discharging untreated waste into the environment; dismantling or removing structures or equipment used to dilute waste, and ensuring that all waste is treated in accordance with technical standards; dismantling or relocating constructions or plantings; implementing measures to mitigate environmental pollution; implementing noise or vibration reduction measures to meet technical standards; re-exporting imported machinery, equipment, raw materials, fuels, materials, scrap, or waste; correcting false or misleading environmental information; returning illicit gains obtained through administrative violations or paying an amount equivalent to the value of confiscated or illegally disposed items or means.

Thus, sanctions for environmental violations in pulp and paper manufacturing are clearly differentiated based on the nature and severity of the offender’s conduct. These regulations demonstrate the strictness of Vietnamese environmental legislation and its commitment to ensuring that the pulp and paper sector complies with environmental standards in pursuit of sustainable development.

References:

1. Government of Vietnam. (2020). Law on Environmental Protection (No. 72/2020/QH14). Hanoi: National Assembly of the Socialist Republic of Vietnam.
2. Government of Vietnam. (2022). Decree No. 45/2022/NĐ-CP on Administrative Penalties in the Field of Environmental Protection. Hanoi: Government of Vietnam.
3. National Assembly of Vietnam. (2015/2025). Penal Code (No. 100/2015/QH13, amended 2025). Chapter XIX: Crimes Related to the Environment. Hanoi: National Assembly.
4. Nguyen, T. H., & Pham, V. Q. (2021). Environmental impacts and waste management in Vietnam’s pulp and paper sector. Journal of Environmental Management and Sustainability, 12(3), 45–58.
5. World Bank. (2018). Environmental Management in the Pulp and Paper Industry: Best Practices and Policy Recommendations. Washington, DC: World Bank Publications.
6. FAO. (2017). Pulp and Paper Industry: Raw Materials and Sustainability Challenges. Rome: Food and Agriculture Organization.