📋 Tender Overview
Ms. Pham Thi Hai Yen (Dong Nai) asked, for establishments subject to continuous automatic monitoring, when there are results exceeding the standards, should they be fined as soon as the transmitted data is exceeded, or must the Department of Agriculture and Environment detect an overrun to notify the establishment in writing, if the violation continues to be handled? According to the provisions of Decree No. 08/2022/ND-CP amended and supplemented by Decree No. 05/2025/ND-CP and Decree No. 48/2026/ND-CP, in Clause 6, Article 97: The results of periodic dust and exhaust monitoring, automatic and continuous dust and exhaust monitoring are used to monitor and evaluate the effectiveness and suitability of dust and exhaust treatment works, used to declare and pay environmental protection fees (if any) and sanction administrative violations in the field of environmental protection. (if any). In Clause 7, Article 97: 7. When detecting monitoring parameters exceeding environmental technical regulations through periodic self-monitoring, automatic or continuous monitoring activities, they must implement one of the following measures: environmental technical standards and require remediation according to regulations. After the written notice specified in this point, if the monitoring results continue to exceed the environmental technical regulations, the provincial-level specialized environmental protection agency shall organize work with the project owner and facility and prepare a dossier to handle violations according to the provisions of law; b) Organize field measurements and sampling to analyze pollution parameters in dust and exhaust gas Consider and handle violations (if any) according to the provisions of law. Funds for measuring, taking and analyzing samples are allocated from the environmental budget for the provincial environmental protection agency. Ms. Pham Thi Hai Yen (Dong Nai) asked whether the subjects specified in Clause 7, Article 97 are establishments that are not subject to periodic monitoring, automatic continuous monitoring or are all production and business establishments, or establishments that are and are not subject to the provisions of law. Who must perform periodic monitoring or continuous automatic monitoring? For facilities subject to continuous automatic monitoring, when there are results exceeding the standards, administrative violations will be sanctioned according to Decree No. 45/2022/ND-CP dated July 7, 2022 as soon as there is data transmitted that is exceeded, or the Department of Agriculture and Environment detects an excess must notify the facility in writing. If the exceed continues, then the violation will be handled? The Ministry of Agriculture and Environment must notify the facility in writing. Environment answers this issue as follows: The subjects of application in Clause 7, Article 98 are the subjects specified in Appendix XXIX issued with Decree No. 08/2022/ND-CP, amended and supplemented in Decree No. 05/2025/ND-CP and Decree No. 48/2026/ND-CP and other subjects who voluntarily carry out periodic monitoring or automatic and continuous monitoring of gas. The value of automatic and continuous monitoring of dust and emissions is determined according to the provisions of Point d, Clause 5, Article 98 of Decree No. 08/2025/NDCP, amended and supplemented in Decree No. 05/2025/ND-CP. When detecting automatic and continuous monitoring values of dust and emissions exceeding environmental standards, the provincial-level specialized agency on environmental protection shall implement the provisions in Clause 7 of Article. 98 Decree No. 08/2025/ND-CP is amended and supplemented in Decree No. 05/2025/ND-CP; Handle violations, if any, according to the provisions of Decree No. 45/2022/ND-CP dated July 7, 2022 of the Government stipulating sanctions for administrative violations in the field of environmental protection and legal provisions on handling administrative violations.Chinhphu.vnRefer moreThe emission monitoring system has expired its inspection, what should businesses do?See moreRoadmap for applying emissions and wastewater standards References moreInstructions for declaring and calculating environmental protection fees for emissionsSee moreWhat requirements must emissions monitoring equipment meet?
