Agreement on Fines and Other Measures for Violations of Environmental Management Laws

协议·关于对违反环境管理法律法规者处以罚款及采用其他措施

ຂໍ້ຕົກລົງ ວ່າດ້ວຍການປັບໃໝ ແລະ ນໍຳໃຊ້ມາດຕະການອື່ນ ຕໍ່ຜູ້ທີ່ລະເມີດກົດໝາຍ, ລະບຽບການກ່ຽວກັບການຄຸ້ມຄອງສິ່ງແວດລ້ອມ

Summary

This agreement stipulates principles for fines and other measures against violations of environmental management laws in Bolikhamxay Province, graded penalties for various negative impact activities (rubber operations and transport, waste dumping and burning,超标排放, noise and odor, altering natural terrain, operating without environmental impact assessment), general environmental standards, executive committee, fine fund management (60% to state treasury, 40% of which 70% to executive committee and 30% to whistleblowers), prohibitions, management and inspection bodies, and rewards and penalties.

Articles

Article 1

Purpose. This Agreement stipulates the principles, regulations, and measures for imposing fines and adopting other measures against individuals, legal entities, or organizations that violate laws and regulations on environmental management, aiming to make violators accountable to the environment and society, ensure that everyone in society is consciously aware of and complies with laws and regulations, proactively protects the environment, contributes to socio-economic development in a green and sustainable direction, and creates a good living foundation throughout the province.

Article 2

Fines and Adoption of Other Measures. Fines refer to financial measures imposed on individuals, legal persons, or organizations that violate environmental management laws and regulations, causing negative impacts on the environment, society, and nature, according to the fine amounts stipulated in this Agreement. Adoption of other measures refers to measures applied in addition to fines, such as: education, warnings, requesting relevant authorities to suspend, revoke, or cancel business registration certificates and operating licenses, compensation for damages, and initiating legal proceedings in accordance with judicial procedures.

Article 3

Interpretation of terms. The terms used in this agreement have the following meanings: 1. Environment: refers to all living and non-living things (such as humans, animals, plants, etc.) that occur naturally or are created by human activities, surrounding a certain target, interrelated and having positive or negative impacts on the survival, production, stability, and development of humans and nature; 2. National environmental standards: refer to the definition of concentrations of certain chemical substances and pollutants in air, soil, and water, as well as measured values of disturbances, encompassing general environmental standards and pollution control standards, serving as technical and scientific tools for all parties to use as unified standard values in pollution prevention and control work; 3. Environmental impact: refers to the positive or negative, direct or indirect, short-term or long-term effects of investment projects and various activities on ecosystems, natural resources, climate change, natural heritage, cultural heritage, life, health, property, livelihood, residence, etc.; 4. Waste: refers to materials or chemicals that individuals or legal entities do not need or can no longer use (such as replaced waste oil, garbage, sewage, and other toxic or non-toxic substances); 5. Fine amount: refers to the sum of money set for handling violations of the environmental management laws and regulations of Bolikhamxay Province; 6. Environmental certificate: refers to a certification document approving and recognizing the preliminary study report, environmental-social and natural impact assessment, and environmental management and monitoring plan of investment projects and various activities; 7. Rubber business activities: refers to activities involving the purchase and sale of raw rubber at a specific location (rubber yard) designated by the relevant authorities; 8. Vehicle chassis: refers to a structure extending rearward from the cab, made of steel or wood, covered with rubber or steel plates, used for loading materials such as raw rubber, capable of preventing leakage of sewage or liquids; 9. Other odor-emitting transportation: refers to the situation where vehicles are used to transport certain odor-emitting substances (such as animal parts, plants, animal manure) without environmental safeguards; 10. Judicial proceedings: refers to procedures managed by individuals, agencies, or institutions with judicial management functions (such as People's Courts, People's Procuratorates, military, police, lawyers, and other law enforcers) to manage rights of freedom and provide legal justice; 11. Ecosystem: refers to the positive and negative relationships between living and non-living things that exist stably in nature.

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