THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No. 81/2006/ND-CP
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Hanoi, August 09, 2006
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DECREE
ON
SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL
PROTECTION
THE
GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization
of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
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2. Administrative violations in the domain of
environmental protection are acts violating the regulations on state management
in the domain of environmental protection, intentionally or unintentionally
committed by individuals or organizations, which are not crimes and must be
administratively handled under the provisions of the Ordinance on Handling of
Administrative Violations and this Decree.
3. Administrative violations in the domain of
environmental protection specified in this Decree include:
a/ Violation of regulations on realization of
environmental protection commitments, environmental impact assessment reports
and other regulations on environmental protection;
b/ Violation of regulations on environmental pollution,
depletion and incident prevention, combat and remedy.
4. Acts of administrative violation in environmental
protection specified in relevant decrees shall be sanctioned according to the
provisions of such decrees.
Article 2.- Sanctioned subjects
1. Vietnamese and foreign individuals and organizations
(hereinafter collectively referred to as individuals and organizations) that
commit acts of administrative violation in the domain of environmental
protection shall all be sanctioned according to the provisions of this Decree
and relevant decrees.
In case it is otherwise provided for by a treaty to which
the Socialist Republic of Vietnam is a contracting party, the provisions of
such treaty shall apply.
2. Minors who commit acts of administrative violation in
the domain of environmental protection shall be sanctioned according to the
provisions of Article 7 of the Ordinance on Handling of Administrative
Violations.
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Article 3.- Sanctioning principles
1. All acts of administrative violation in the domain of
environmental protection must be detected and sanctioned in time and
immediately stopped.
Sanctioning must be conducted in a swift, fair and
thorough manner; all environmental consequences caused by acts of
administrative violation must be remedied strictly according to the provisions
of law.
2. Individuals and organizations shall be sanctioned for
administrative violations in the domain of environmental protection only when
they commit acts of violation specified in this Decree and other government
decrees providing for the sanctioning of administrative violations related to
environment.
3. An act of administrative violation in the domain of
environmental protection shall be administratively sanctioned only once.
If many persons or many organizations that jointly commit
an act of administrative violation in the domain of environmental protection,
each of them shall be sanctioned.
A person or an organization that commits many acts of administrative
violation in the domain of environmental protection shall be sanctioned for
each of those acts.
4. The sanctioning of administrative violations in the
domain of environmental protection shall be based on the nature and severity of
violations, personal records of violators as well as the extenuating and
aggravating circumstances in order to decide on appropriate handling forms and
measures.
5. Sanctions shall not be imposed on administrative
violations in the domain of environmental protection which are committed in
emergency circumstances or unexpected incidents or on administrative violations
committed by individuals who suffer from mental diseases or other ailments
which deprive them of the capacity to cognize or control their acts.
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Extenuating circumstances and aggravating circumstances
applicable to the sanctioning of administrative violations specified in Chapter
II of this Decree shall comply with the provisions of Articles 8 and 9 of the
Ordinance on Handling of Administrative Violations and Article 6 of Decree No.
134/2003/ND-CP of November 14, 2003, detailing the implementation of a number
of articles of the Ordinance on Handling of Administrative Violations
(hereinafter referred to as Decree No. 134/2003/ND-CP for short).
Article 5.- Statute of limitations
for sanctioning administrative violations
1. The statute of limitations for sanctioning an
administrative violation in the domain of environmental protection shall be two
years counting from the date such act of administrative violation is committed;
past this statute of limitations, no sanction shall be imposed, but remedial
measures specified at Points a, b, c and d, Clause 3, Article 7 of this Decree
shall still be applied.
2. For individuals against whom criminal proceedings are
initiated, who are prosecuted or involved in cases already decided to be
brought to trial according to criminal procedures and later decisions are
issued to suspend the investigation or their cases, but their committed acts
show signs of administrative violation related to environmental protection,
they shall be sanctioned for such administrative violations; the statute of
limitations for sanctioning administrative violations shall be three months
counting from the date competent persons receive suspension decisions and
dossiers of violation cases.
3. Within the periods specified in Clauses 1 and 2 of this
Article, if individuals or organizations commit new administrative violations
in the domain of environmental protection or deliberately shirk or obstruct the
sanctioning, the statute of limitations for sanctioning specified in Clauses 1
and 2 of this Article shall not apply. The statute of limitations for
sanctioning administrative violations in these cases shall be re-counted,
starting from the time new administrative violations are committed or the time
acts of deliberately shirking or obstructing the sanctioning terminate.
Article 6.- Time limit for being
considered not yet having been sanctioned for administrative violations
Individuals and organizations that have been sanctioned
for administrative violations in the domain of environmental protection shall
be considered not yet having been sanctioned for such administrative violations
if they do not relapse into violations past one year counting from the date
they completely abide by sanctioning decisions or the date sanctioning
decisions expire.
Article 7.- Sanctioning forms and
remedial measures
1. For each act of administrative violation in the domain
of environmental protection, the violating individual or organization shall
only be subject to one of the following principal sanctioning forms:
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b/ Fine.
The maximum fine level for a single act of violation in
the domain of environmental protection shall be VND 70,000,000.
2. Depending on the nature and severity of their
violations, violating individuals or organizations may be subject to one or
more than one of the following additional sanctioning forms:
a/ Deprivation of the right to use environmental standard
conformity certificates and permits related to environmental protection
(hereinafter collectively referred to as environment permits) for a definite or
indefinite term;
b/ Confiscation of material evidences and means used for commission
of administrative violations in the domain of environment protection.
3. Apart from the sanctioning forms specified in Clauses 1
and 2 of this Article, individuals and organizations that commit administrative
violations in the domain of environmental protection may also be subject to one
or more of the following remedial measures:
a/ Forcible application of environmental protection
measures within a given time limit according to the provisions of law on
environmental protection;
b/ Forcible application of measures to remedy the
environmental pollution caused by their administrative violations;
c/ Forcible taking out of the Vietnamese territory or
forcible re-export of polluting goods or articles which have been brought into
the country;
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e/ Other remedial measures specified in Chapter II of this
Article.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF
ENVIRONMENTAL PROTECTION, SANCTIONING FORMS AND LEVELS
Article 8.- Violations of regulations
on environmental protection commitments
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of improperly realizing one of contents in a
written environmental protection commitment.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall
be imposed for acts of failing to fully realize all contents in a written
environmental protection commitment.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall
be imposed for acts of failing to register environmental protection commitments
with a state management agency in charge of environmental protection, for cases
where registration of environmental protection commitments is required.
4. Remedial measures:
a/ Forcible realization of registered environmental
protection commitments, for violations specified in Clauses 1 and 2 of this
Article;
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Article 9.- Violations of
regulations on environmental impact assessment and strategic environment
assessment
1. A fine of between VND 8,000,000 and VND 10,000,000
shall be imposed for acts of improperly realizing one of contents in an
approved environmental impact assessment report and other requirements in the
decision approving such environmental impact assessment report.
2. A fine of between VND 11,000,000 and VND 15,000,000
shall be imposed for acts of failing to fully realize contents in an approved
environmental impact assessment report and other requirements in the decision
approving such environmental impact assessment report.
3. A fine of between VND 20,000,000 and VND 30,000,000
shall be imposed for acts of proceeding with the construction of a work or
putting a work into operation without any environmental impact assessment
report, for cases where environmental impact assessment reports are required.
4. A fine of between VND 30,000,000 and VND 40,000,000
shall be imposed for acts of failing to make a strategic environment assessment
report, for cases where strategic environment assessment reports are required.
5. Remedial measures:
a/ Forcible realization of contents in approved
environmental impact assessment reports and other requirements in decisions
approving such environmental impact assessment reports, for violations
specified in Clauses 1 and 2 of this Article;
b/ Forcible making of environmental impact assessment
reports for submission to a competent state agency for approval within forty
five working days after the receipt of administrative violation sanctioning
decisions, in case of projects not yet put into official operation, for
violations specified in Clause 3 of this Article;
c/ Forcible treatment of environmental elements to attain
the set standards within one hundred and eighty working days after the receipt
of administrative violation sanctioning decisions, in case of projects already
put into official operation, for violations specified in Clause 3 of this
Article;
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e/ Forcible application of measures to remedy the
environmental pollution, for violations specified in Clauses 1, 2 and 3 of this
Article.
Article 10.- Violations of
regulations on discharge of wastewater
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of discharging wastewater less than twice in
excess of the permitted standards in cases where the discharged water volume is
less than 50 m3/day (24 hours).
2. A fine of between VND 2,000,000 and VND 5,000,000 shall
be imposed for acts of discharging wastewater less than twice in excess of the
permitted standards in cases where the discharged water volume is between 50
m3/day and under 5,000 m3/day.
3. A fine of between VND 6,000,000 and VND 8,000,000 shall
be imposed for acts of discharging wastewater less than twice in excess of the
permitted standards in cases where the discharged water volume is 5,000 m3/day
or more.
4. A fine of between VND 9,000,000 and VND 11,000,000
shall be imposed for acts of discharging wastewater twice to less than five
times in excess of the permitted standards in cases where the discharged water
volume is less than 50 m3/day.
5. A fine of between VND 12,000,000 and VND 14,000,000
shall be imposed for acts of discharging wastewater twice to less than five
times in excess of the permitted standards in cases where the discharged water
volume is between 50 m3/day and under 5,000 m3/day.
6. A fine of between VND 15,000,000 and VND 17,000,000
shall be imposed for acts of discharging wastewater twice to less than five
times in excess of the permitted standards in cases where the discharged water
volume is 5,000 m3/day or more.
7. A fine of between VND 18,000,000 and VND 20,000,000
shall be imposed for acts of discharging wastewater five times to less than ten
times in excess of the permitted standards in cases where the discharged water
volume is less than 50 m3/day.
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9. A fine of between VND 24,000,000 and VND 26,000,000
shall be imposed for acts of discharging wastewater five times to less than ten
times in excess of the permitted standards in cases where the discharged water
volume is 5,000 m3/day or more.
10. A fine of between VND 27,000,000 and VND 30,000,000
shall be imposed for acts of discharging wastewater ten or more times in excess
of the permitted standards in cases where the discharged water volume is less
than 50 m3/day.
11. A fine of between VND 31,000,000 and VND 33,000,000
shall be imposed for acts of discharging wastewater ten or more times in excess
of the permitted standards in cases where the discharged water volume is
between 50 m3/day and under 5,000 m3/day.
12. A fine of between VND 34,000,000 and VND 36,000,000
shall be imposed for acts of discharging wastewater ten or more times in excess
of the permitted standards in cases where the discharged water volume is 5,000
m3/day or more.
13. A fine of between VND 15,000,000 and VND 18,000,000
shall be imposed for acts of discharging wastewater containing hazardous substances
less than twice in excess of the permitted standards in cases where the
discharged water volume is less than 50 m3/day.
14. A fine of between VND 19,000,000 and VND 21,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances less than twice in excess of the permitted standards in cases where
the discharged water volume is between 50 m3/day and under 5,000 m3/day.
15. A fine of between VND 22,000,000 and VND 24,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances less than twice in excess of the permitted standards in cases where
the discharged water volume is 5,000 m3/day or more.
16. A fine of between VND 25,000,000 and VND 27,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances twice to less than three times in excess of the permitted standards
in cases where the discharged water volume is less than 50 m3/day.
17. A fine of between VND 28,000,000 and VND 30,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances twice to less than three times in excess of the permitted standards
in cases where the discharged water volume is between 50 m3/day and under 5,000
m3/day.
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19. A fine of between VND 34,000,000 and VND
36,000,000 shall be imposed for acts of discharging wastewater containing
hazardous substances three times to less than five times in excess of the
permitted standards in cases where the discharged water volume is less than 50
m3/day.
20. A fine of between VND 37,000,000 and VND 39,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances three times to less than five times in excess of the permitted
standards in cases where the discharged water volume is between 50 m3/day and
under 5,000 m3/day.
21. A fine of between VND 40,000,000 and VND 42,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances three times to less than five times in excess of the permitted
standards in cases where the discharged water volume is 5,000 m3/day or more.
22. A fine of between VND 43,000,000 and VND 45,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances five or more times in excess of the permitted standards in cases
where the discharged water volume is less than 50 m3/day.
23. A fine of between VND 46,000,000 and VND 49,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances five or more times in excess of the permitted standards in cases
where the discharged water volume is between 50 m3/day and under 5,000 m3/day.
24. A fine of between VND 50,000,000 and VND 55,000,000
shall be imposed for acts of discharging wastewater containing hazardous
substances five or more times in excess of the permitted standards in cases
where the discharged water volume is 5,000 m3/day or more.
25. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of discharging wastewater containing radioactive substances
which contaminate the environment by radioactivity in excess of the permitted
level.
26. Additional sanctioning forms and remedial measures:
a/ Deprivation of environment permits for between ninety
and one hundred and eighty working days, for violations specified in Clauses 1,
2, 3, 4, 5 and 6 of this Article;
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b/ Suspension of operation until all necessary
environmental protection measures are applied, for violations specified in
Clauses 7, 8, 9, 19, 20 and 21 of this Article;
c/ Ban from operation or forcible relocation of violating
establishments to places far from residential areas and with a suitable
environmental loadability, for violations specified in Clauses 10, 11, 12, 22,
23, 24 and 25 of this Article.
d/ Forcible application of measures to remedy the
environmental pollution caused by administrative violations specified in this
Article.
Article 11.- Violations of
regulations on discharging gas and dust
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for one of the following acts of violation:
a/ Discharging gas and/or dust less than twice in excess
of the permitted environmental standards into the environment;
b/ Discharging fetid or bad smell directly into the
environment without going through environmental pollution-restricting devices.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall
be imposed for acts of violation specified at Point a, Clause 1 of this Article
twice to less than five times in excess of the permitted standards in cases
where the discharged gas volume is less than 5,000 m3/hour.
3. A fine of between VND 4,000,000 and VND 6,000,000 shall
be imposed for acts specified at Point a, Clause 1 of this Article twice to
less than five times in excess of the permitted standards in cases where the
discharged gas volume is between 5,000 and under 20,000 m3/hour.
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5. A fine of between VND 11,000,000 and VND 13,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article five
times to less than ten times in excess of the permitted standards in cases
where the discharged gas volume is less than 5,000 m3/hour.
6. A fine of between VND 14,000,000 and VND 16,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article five
times to less than ten times in excess of the permitted standards in cases
where the discharged gas volume is between 5,000 and under 20,000 m3/hour.
7. A fine of between VND 17,000,000 and VND 20,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article five
times to less than ten times in excess of the permitted standards in cases where
the discharged gas volume is 20,000 m3/hour or more.
8. A fine of between VND 21,000,000 and VND 23,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article ten or
more times in excess of the permitted standards in cases where the discharged
gas volume is less than 5,000 m3/hour.
9. A fine of between VND 24,000,000 and VND 26,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article ten or
more times in excess of the permitted standards in cases where the discharged
gas volume is between 5,000 and under 20,000 m3/hour.
10. A fine of between VND 27,000,000 and VND 30,000,000
shall be imposed for acts specified at Point a, Clause 1 of this Article ten or
more times in excess of the permitted standards in cases where the discharged
gas volume is 20,000 m3/hour or more.
11. A fine of between VND 15,000,000 and VND 17,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances less than twice in excess of the permitted standards in cases where
the discharged gas volume is less than 5,000 m3/hour.
12. A fine of between VND 18,000,000 and VND 20,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances less than twice in excess of the permitted standards in cases where
the discharged gas volume is between 5,000 m3/hour and under 20,000 m3/hour.
13. A fine of between VND 21,000,000 and VND 24,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances less than twice in excess of the permitted standards in cases where
the discharged gas volume is 20,000 m3/hour or more.
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15. A fine of between VND 28,000,000 and VND 30,000,000
shall be imposed for acts of discharging gas or dust containing hazardous substances
twice to less than three times in excess of the permitted standards in cases
where the discharged gas volume is between 5,000 m3/hour and under 20,000
m3/hour.
16. A fine of between VND 31,000,000 and VND 34,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances twice to less than three times in excess of the permitted standards
in cases where the discharged gas volume is 20,000 m3/hour or more.
17. A fine of between VND 35,000,000 and VND 37,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substance three times to less than five times in excess of the permitted
standards in cases where the discharged gas volume is less than 5,000 m3/hour.
18. A fine of between VND 38,000,000 and VND 40,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances three times to less than five times in excess of the permitted
standards in cases where the discharged gas volume is between 5,000 m3/hour and
20,000 m3/hour.
19. A fine of between VND 41,000,000 and VND 44,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances three times to less than five times in excess of the permitted
standards in cases where the discharged gas volume is 20,000 m3/hour or more.
20. A fine of between VND 45,000,000 and VND 47,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances five or more times in excess of the permitted standards in cases
where the discharged gas volume is less than 5,000 m3/hour.
21. A fine of between VND 48,000,000 and VND 50,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances five or more times in excess of the permitted standards in cases
where the discharged gas volume is between 5,000 m3/hour and 20,000 m3/hour.
22. A fine of between VND 51,000,000 and VND 54,000,000
shall be imposed for acts of discharging gas or dust containing hazardous
substances five or more times in excess of the permitted standards in
cases where the discharged gas volume is 20,000 m3/hour or more.
23. A fine of between VND 55,000,000 and VND 70,000,000
shall be imposed for acts of discharging gas or dust containing radioactive
substances which contaminate the environment by radioactivity in excess of the
permitted level.
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a/ Deprivation of environment permits for between ninety
and one hundred and eighty working days, for violations specified in Clauses 2,
3, 4, 11, 12 and 13 of this Article;
Indefinite deprivation of environment permits, for
violations specified in Clauses 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20,
21, 22 and 23 of this Article;
b/ Suspension of operation until all necessary
environmental protection measures are applied, for violations specified in
Clauses 5, 6, 7, 17, 18 and 19 of this Article;
c/ Ban from operation or forcible relocation of violating
establishments to places far from residential areas and with a suitable
environmental loadability, for violations specified in Clauses 8, 9,10, 20, 21,
22 and 23 of this Article.
d/ Forcible application of measures to remedy the
environmental pollution caused by administrative violations specified in this
Article.
Article 12.- Violations of
regulations on noise
1. A fine of between VND 200,000 and VND 1,000,000 shall
be imposed for acts of making noise less than 1.5 times in excess of the
permitted environmental standard from 6:00 hrs to 22:00 hrs.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall
be imposed for acts of making noise 1.5 or more times in excess of the
permitted environmental standard from 6:00 hrs to 22:00 hrs.
3. A fine of between VND 5,000,000 and VND 7,000,000 shall
be imposed for acts of making noise less than 1.5 times in excess of the
permitted environmental standard from 22:00 hrs of a day to before 6:00 hrs of
the following day.
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5. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in this Article.
Article 13.- Violations of
regulations on vibration levels
1. Violations of regulations on vibration levels in
construction activities
a/ A fine of between VND 500,000 and VND 2,000,000 shall
be imposed for acts of causing vibration level in excess of the permitted
environmental standard from 7:00 hrs to 19:00 hrs in areas which require a
particularly quiet environment, residential areas, hotels, guest houses and
administrative offices; or from 6:00 hrs to 22:00 hrs in residential
areas intermingled with commercial, service and production areas.
b/ A fine of between VND 5,000,000 and VND 8,000,000 shall
be imposed for acts of causing vibration in excess of the permitted
environmental standard from 19:00 hrs of a day to 7:00 hrs of the following day
in areas which require a particularly quiet environment, residential areas,
hotels and guest houses; or from 22:00 hrs of a day to 6:00 hrs of the
following day in residential areas intermingled with commercial, service and
production areas.
2. Violations of regulations on vibration levels in
industrial production activities:
a/ A fine of between VND 500,000 and VND 2,000,000 shall
be imposed for acts of causing vibration in excess of the permitted
environmental standard from 6:00 hrs to 18:00 hrs in areas which require a
particularly quiet environment, residential areas, hotels, guest houses,
administrative offices and residential areas intermingled with commercial,
services and production areas.
b/ A fine of between VND 5,000,000 and VND 8,000,000 shall
be imposed for acts of causing vibration in excess of the permitted environmental
standard from 18:00 hrs of a day to 6:00 hrs of the following day in areas
which require a particularly quiet environment, residential areas, hotels,
guest houses and residential areas intermingled with commercial, service and
production areas.
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Forcible remedying of consequences caused by acts of
violation specified in this Article.
Article 14.- Violations of
regulations on discharging solid wastes
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of discharging solid wastes in contravention
of regulations on environmental protection.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall
be imposed for acts of violation specified in Clause 1 of this Article causing
environmental pollution.
3. A fine of between VND 15,000,000 and VND 30,000,000
shall be imposed for acts of violation specified in Clause 2 of this Article in
case discharged solid wastes contain hazardous substances in excess of the
permitted standard.
4. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of violation specified in Clause 1 of this Article in
case discharged solid wastes contain radioactive substances which contaminate
the environment by radioactivity in excess of the permitted level, thus
affecting humans and organisms.
5. Additional sanctioning forms and remedial measure:
a/ Deprivation of environment permits for between ninety
and one hundred and eighty working days, for violations specified in Clause 2
of this Article;
Indefinite deprivation of environment permits, for
violations specified in Clauses 3 and 4 of this Article;
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Article 15.- Violations of
regulations on waste management, transportation and treatment
1. A fine of between VND 500,000 and VND 2,000,000 shall
be imposed for acts of managing, transporting and treating wastes and
environment pollutants in contravention of regulations on environmental
protection.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall
be imposed for acts of violation specified in Clause 1 of this Article which
cause environmental pollution.
3. A fine of between VND 5,000,000 and VND 10,000,000
shall be imposed for acts of managing, transporting and treating wastes which
are hazardous or contain radioactive substances in contravention of regulations
on environmental protection.
4. A fine of between VND 10,000,000 and VND 15,000,000
shall be imposed for act of failing to make dossiers for registration of
generation of hazardous wastes in case where such dossiers and registration
with provincial-level specialized environmental protection agencies are
required.
5. A fine of between VND 20,000,000 and VND 30,000,000
shall be imposed for acts of improperly managing, transporting and treating
hazardous wastes, thus causing environmental pollution.
6. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of managing, transporting and treating wastes which
contain radioactive substances which contaminate the environment by
radioactivity in excess of the permitted level.
7. Additional sanctioning forms and remedial measures:
a/ Deprivation of environment permits for between ninety and
one hundred and eighty working days, for violations specified in Clause 2 of
this Article;
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b/ Forcible application of measures to remedy the environmental
pollution caused by administrative violations specified in Clauses 2, 3, 4 and
5 of this Article.
Article 16.- Violations of
regulations on import of machines, equipment, means of transport, raw
materials, fuels, materials or scraps
1. A fine of between VND 15,000,000 and VND 20,000,000
shall be imposed for acts of importing machines, equipment, means of transport,
raw materials, fuels, materials or scraps at variance with the provisions of
law on environmental protection;
2. A fine of between VND 25,000,000 and VND 40,000,000
shall be imposed for one of the following acts of violation:
a/ Violating the provisions of Clause 1 of this Article,
thus causing environmental pollution;
b/ Importing used machines, equipment or means of
transport for dismantlement at variance with the provisions of law on
environmental protection.
3. A fine of between VND 30,000,000 and VND 35,000,000
shall be imposed for acts of transiting goods, equipment or means which may
cause environmental pollution, depletion or incidents through the Vietnamese
territory without permission and having not undergone environmental inspection
by a state management agency in charge of environmental protection.
4. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for one of the following acts of violation:
a/ Importing machines, equipment or means contaminated
with radioactive substances, disease germs or other toxins which have not yet
been cleaned up or cannot be cleansed;
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c/ Importing compounds which may deplete the ozone layer
according to the treaties to which the Socialist Republic of Vietnam is a
contracting party.
5. Remedial measures:
a/ Forcible re-export or forcible destruction of machines,
equipment, means of transport, raw materials, fuels, materials and scraps not
up to environmental standard.
b/ Forcible application of measures to remedy the
environmental pollution caused by violations specified in this Article.
Article 17.- Violations of
regulations on biological safety
1. A fine of between VND 5,000,000 and VND 10,000,000
shall be imposed for acts of researching, experimenting, producing, trading,
using, importing, exporting, storing and transporting genetically modified
organisms and products thereof without full satisfaction of conditions on
biological safety and completion of procedures specified by law.
2. A fine of between VND 15,000,000 and VND 30,000,000
shall be imposed for one of the following acts of violation:
a/ Failing to comply with regulations on management of
biological safety for humans and organisms;
b/ Importing or transiting organisms not on the list of
permitted organisms.
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4. Additional sanctioning forms and remedial measures:
a/ Deprivation of environment permits for between 60 and
180 working days for violations specified in Clause 1 of this Article;
Indefinite deprivation of environment permits for
violations specified in Clauses 2 and 3 of this Article;
b/ Forcible destruction or forcible re-export;
c/ Forcible remedying of consequences caused by acts of
violation specified in Clause 3 of this Article.
Article 18.- Violations of
regulations on nature conservation
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of causing bad environmental impacts in
nature conservation zones, natural heritages, tourist resorts and sites.
2. A fine of between VND 15,000,000 and VND 25,000,000
shall be imposed for acts of exploiting nature conservation zones at variance
with regulations on environmental protection, causing environmental depletion.
3. A fine of between VND 50,000,000 and VND 60,000,000
shall be imposed for acts of exploiting national parks and natural heritages at
variance with regulations on environmental protection, causing environmental
depletion.
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Forcible remedying of consequences caused by acts of violation
specified in Clauses 2 and 3 of this Article.
Article 19.- Violations of
regulations on prevention and combat of environmental incidents in oil and gas
prospection, exploration, exploitation, transportation and other oil leakages
and spillages
1. A fine of between VND 15,000,000 and VND 20,000,000
shall be imposed for one of the following acts of violation:
a/ Failing to equip devices to prevent and combat oil
leakages, fires, explosions or spillages according to regulations of competent
state agencies;
b/ Failing to work out plans to prevent and combat oil
leakages, fires, explosions or spillages according to regulations of competent
state agencies.
2. A fine of between VND 25,000,000 and VND 40,000,000
shall be imposed for acts of causing oil leakages, fires, explosions or
spillages.
3. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of violation specified in Clause 2 of this Article,
causing environmental pollution.
4. Remedial measure:
Forcible remedying of the environmental pollution caused
by acts of violation specified in Clauses 2 and 3 of this Article.
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1. A fine of between VND 500,000 and VND 2,000,000 shall
be imposed for acts of using firecrackers.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall
be imposed for one of acts of producing, transporting, trading in, storing and
using inflammable or explosive substances at variance with the provisions of
law on environmental protection.
3. A fine of between VND 6,000,000 and VND 15,000,000
shall be imposed for acts of producing, transporting, storing and using
inflammable or explosive substances, thus causing environmental pollution.
4. A fine of between VND 15,000,000 and VND 20,000,000
shall be imposed for acts of using assorted explosives extracted from bombs,
mines, grenades or other weapons to produce fireworks.
5. A fine of between VND 20,000,000 and VND 25,000,000
shall be imposed for acts of producing, trading in and transporting
firecrackers.
6. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of violation specified in Clauses 1, 2 and 3 of this
Article which cause environmental incidents.
7. Additional sanctioning forms and remedial measures:
a/ Confiscation of material evidences and means used for
commission of administrative violations in the environmental domain;
b/ Forcible remedying of consequences caused by acts of
violation specified in Clauses 2, 3, 4 and 5 of this Article.
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1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of burying or discharging into the soil environmental
pollutants in contravention of the provisions of law on environmental
protection.
2. A fine of between VND 5,000,000 and VND 15,000,000
shall be imposed for acts of violation specified in Clause 1 of this Article,
which cause soil pollution.
3. A fine of between VND 25,000,000 and VND 35,000,000
shall be imposed for acts of violation specified in Clause 2 of this Article in
case pollutants contain hazardous wastes in excess of the permitted standards.
4. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of violation specified in Clause 2 of this Article in
case pollutants contain radioactive substances which contaminate the
environment by radioactivity in excess of the permitted level.
5. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in Clauses 2, 3 and 4 of this Article.
Article 22.- Violations of
regulations on water environment pollution
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of discharging into the water environment
pollutants in excess of the permitted standards.
2. A fine of between VND 5,000,000 and VND 15,000,000
shall be imposed for acts of violation specified in Clause 1 of this Article,
which cause water pollution.
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4. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for one of the following acts of violation:
a/ Violating the provisions of Clause 2 of this Article in
case pollutants contain radioactive substances which contaminate the
environment by radioactivity in excess of the permitted level.
b/ Discharging into underground water sources toxic
chemicals, hazardous substances, wastes or microorganisms which have not yet
been tested and other agents hazardous to humans and organisms;
c/ Dumping wastes in the seas of the Socialist Republic of
Vietnam.
5. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in Clauses 2, 3 and 4 of this Article.
Article 23.- Violation of
regulations on air pollution
1. A fine of between VND 5,000,000 and VND 15,000,000
shall be imposed for acts of causing air pollution.
2. A fine of between VND 20,000,000 and VND 35,000,000
shall be imposed for acts of violation specified in Clause 1 of this Article in
case pollutants contain hazardous wastes which cause bad consequences to humans
and nature.
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4. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in this Article.
Article 24.- Violations of
regulations on environmentally safe distances from residential areas and nature
conservation zones
1. A fine of between VND 1,000,000 and VND 3,000,000 shall
be imposed on establishments which fail to strictly comply with regulations on
environmentally safe distances from residential areas and nature conservation
zones.
2. A fine of between VND 5,000,000 and VND 10,000,000
shall be imposed on the following production establishments or warehouses which
are located in residential areas:
a/ Those which have inflammable or explosive substances ;
b/ Those which have radioactive substances or substances
giving off strong radiation;
c/ Those which have substances hazardous to human and
livestock health;
d/ Those which give off smell badly affecting human
health;
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f/ Newly built hospitals or medical establishments which
treat infectious diseases.
3. A fine of between VND 30,000,000 and VND 50,000,000
shall be imposed for one of acts of violation specified in Clause 1, and Points
d and f, Clause 2 of this Article which causes environmental pollution.
4. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for one of acts of violation specified at Points a, b and c,
Clause 2 of this Article which causes environmental pollution.
5. Additional sanctioning forms and remedial measures:
a/ Deprivation of environment permits for between sixty
and one hundred eighty working days for violations specified in Clauses 1 and 2
of this Article;
Indefinite deprivation of environment permits for
violations specified in Clauses 3 and 4 of this Article;
b/ Forcible compliance with the provisions on
environmentally safe distances from residential areas and nature conservation
zones or forcible relocation of violating establishments from residential areas
and nature conservation zones;
c/ Forcible remedying of consequences caused by acts of
violation specified in Clauses 3 and 4 of this Article.
Article 25.- Violations of
regulations on response to and remedying of consequences of environmental incidents
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a/ Failing to promptly report to the nearest state
management agencies in charge of environment protection or other competent
state agencies on environmental incidents upon detection thereof;
b/ Failing to apply measures under one’s own
responsibility to promptly remedy environmental incidents;
c/ Failing to abide by or improperly abiding by orders on
urgent mobilization of manpower, supplies and means for remedying environmental
incidents.
2. A fine of between VND 20,000,000 and VND 40,000,000
shall be imposed for acts of causing environmental incidents.
3. A fine of between VND 60,000,000 and VND 70,000,000
shall be imposed for acts of violation specified in Clause 2 of this Article
without remedying environmental incidents.
4. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in this Article.
Article 26.- Violations of
regulations on compulsory recovery of used products and packing materials
1. A fine of between VND 5,000,000 and VND 15,000,000
shall be imposed for acts of failing to recover used products and packing
materials in case the recovery of such products or packing materials is
compulsory.
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3. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in this Article.
Article 27.- Violations of
regulations on collection, management, exploitation and use of environmental
data and information
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of obstructing the observation, collection,
exchange, exploitation and use of environmental data and information already
approved by competent state agencies.
2. A fine of between VND 500,000 and VND 1,000,000 shall
be imposed for one of the following acts of violation:
a/ Failing to abide by regulations on processing of
environmental data and information;
b/ Supplying environmental data and information ultra
vires;
c/ Failing to make public environmental data and
information.
3. A fine of between VND 1,000,000 and VND 2,000,000 shall
be imposed for acts of illegally accessing to the environmental data and
information archival system.
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5. A fine of between VND 3,000,000 and VND 4,000,000 shall
be imposed for acts of falsifying or deleting environmental data and
information.
6. A fine of between VND 4,000,000 and VND 5,000,000 shall
be imposed for acts of supplying untruthful computing data, investigation and
survey conclusions to the agencies archiving environmental data and
information.
7. A fine of between VND 5,000,000 and VND 7,000,000 shall
be imposed for acts of falsifying information which cause bad environmental
impacts.
8. Remedial measure:
Forcible remedying of consequences caused by acts of
violation specified in Clauses 4, 5, 6 and 7 of this Article.
Article 28.- Violations of
regulations on the provision of environmental impact assessment consultancy or
appraisal services
1. A fine of between VND 5,000,000 and VND 10,000,000
shall be imposed for acts of practicing environmental impact assessment
consultancy or appraisal services at variance with practice licenses.
2. A fine of between VND 15,000,000 and VND 25,000,000
shall be imposed for one of the following acts of violation:
a/ Practicing environmental impact assessment consultancy
without permits of competent state agencies;
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3. A fine of between VND 30,000,000 and VND 40,000,000
shall be imposed for acts of practicing environmental impact assessment
appraisal services without permits of competent state agencies;.
Article 29.- Violations of
regulations on assessment of the current environmental status
1. A fine of between VND 500,000 and VND 2,000,000 shall
be imposed for acts of inaccurately reporting on the current environmental
status to a state management agency in charge of environmental protection.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall
be imposed for acts of failing to report on the current environmental status
according to the provisions of law on environmental protection.
3. Remedial measure:
Forcible reporting at the request of the state management
agencies in charge of environmental protection.
Article 30.- Violations of regulations
on payment of deposits for environmental improvement or rehabilitation
1. A fine of between VND 10,000,000 and VND 20,000,000
shall be imposed for acts of failing to pay deposits for environmental
improvement or rehabilitation in activities of exploiting natural resources.
2. Remedial measure:
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Article 31.- Violations of
regulations on purchase of insurance for liability to pay compensations for
environmental damage
1. A fine of between VND 10,000,000 and VND VND 20,000,000
shall be imposed on organizations or individuals that conduct activities which
are likely to cause heavy damage to the environment but fail to purchase
insurance for liability to pay compensations for environmental damage.
2. Remedial measure:
Forcible purchase of insurance for liability to pay
compensations for environmental damage.
Article 32.- Acts of obstructing
the state management of environmental protection
1. Caution or a fine of between VND 100,000 and VND
500,000 shall be imposed for acts of obstructing the investigation, study,
control and assessment of the current environmental status.
2. A fine of between VND 1,000,000 and VND 4,000,000 shall
be imposed for acts of obstructing the inspection and examination of
environmental protection conducted by competent persons or state management
agencies.
3. Remedial measure:
Forcible compliance with requests of state management agencies
in charge of environmental protection.
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SANCTIONING COMPETENCE AND PROCEDURES
Article 33.- Competence of
presidents of People’s Committees at different levels to sanction
administrative violations
1. Commune/ward/township People’s Committee presidents are
competent:
a/ To impose caution;
b/ To impose fines of up to VND 500,000;
c/ To confiscate material evidence and means valued at up
to VND 500,000 used for commission of administrative violations in the
environmental domain;
d/ To force the application of measures to remedy
environmental pollution or depletion caused by acts of violation;
e/ To force the destruction of polluting goods and
articles.
2. Presidents of People’s Committees of rural districts,
urban districts, towns or provincial cities are competent:
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b/ To impose fines of up to VND 20,000,000;
c/ To confiscate material evidence and means used for
commission of administrative violations in the environmental domain;
d/ To force the application of measures to remedy
environmental pollution caused by acts of violation;
e/ To force the destruction of polluting goods and
articles.
3. Provincial/municipal People’s Committee presidents are
competent:
a/ To impose caution;
b/ To impose fines of up to VND 70,000,000;
c/ To deprive of the right to use environment permits
granted by provincial/municipal Services of Natural Resources and Environment;
d/ To confiscate material evidence and means used for
commission of administrative violations in the environmental domain;
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f/ To force the taking out of the Vietnamese territory or
the re-export of polluting goods and articles which have been brought into the
country;
g/ To force the application of measures to remedy
environmental pollution or depletion caused by acts of violation.
Article 34.- Competence of
specialized environmental protection inspectors to sanction administrative
violations
1. Specialized natural resources and environment
inspectors of provincial/municipal Services of Natural Resources and
Environment and of the Ministry of Natural Resources and Environment who are on
official duty are competent:
a/ To impose caution;
b/ To impose fines of up to VND 200,000;
c/ To confiscate material evidence and means valued at up
to VND 2,000,000 used for commission of administrative violations in the
environmental domain;
d/ To force the destruction of polluting goods and
articles;
e/ To force the application of measures to remedy
environmental pollution or depletion caused by acts of violation.
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a/ To impose caution;
b/ To impose fines of up to VND 20,000,000;
c/ To deprive of the right to use environment permits
under their authority;
d/ To confiscate material evidence and means used for
commission of administrative violations in the environmental domain;
e/ To force the destruction of polluting goods and
articles;
f/ To force the application of measures to remedy
environmental pollution or depletion caused by acts of violation.
3. The chief inspector of the Ministry of Natural
Resources and Environment is competent:
a/ To impose caution;
b/ To impose fines of up to VND 70,000,000;
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d/ To confiscate material evidence and means used for
commission of administrative violations in the environmental domain;
e/ To force the destruction of polluting goods and
articles;
f/ To force the taking out of the Vietnamese territory or
the re-export of polluting goods and articles which have been brought into the
country;
g/ To force the application of measures to redress the
environmental pollution or degradation caused by acts of violation.
Article 35.- Competence of state
management agencies and specialized state inspectorates to sanction
administrative violations in the domain of environmental protection
In addition to the persons with sanctioning competence defined
in Articles 33 and 34 of this Decree, persons having sanctioning competence
under the provisions of the Ordinance on Handling of Administrative Violations,
upon detecting acts of administrative violation specified in this Decree which
fall within their respective fields and geographical areas of management, may
sanction them in strict compliance with the provisions of law on handling of
administrative violations.
Article 36.- Procedures for
sanctioning administrative violations
1. Upon detecting acts of administrative violation in the
domain of environmental protection, persons having sanctioning competence must
order the immediate stoppage of such acts of violation and concurrently make
written records on acts of violation, except for case of sanctioning according
to simple procedures. Such a written record shall be made according to a form
set by law and sanctioning shall be conducted according to the vested
competence. In case an act of violation does not fall under the sanctioning
competence of the written record maker, such written record must be sent to the
person competent to sanction it.
2. The administrative violation-sanctioning order and
procedures shall be as follows:
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A sanctioning decision must clearly state the day, month
and year of issuance; the full name and address of the violator or the name and
address of the violating organization; act of violation; place where the
violation is committed; the full name and position of the decision issuer; the
applicable clauses and articles of relevant legal documents. One copy of such a
decision must be handed to the sanctioned individual or organization.
In case of fines, a decision must clearly state the fine
amount; the violating individual or the representative of the violating
organization may pay the fine on spot to the person with sanctioning
competence; in case of on-spot fine payment, a fine receipt shall be issued.
b/ For administrative violations subject to a fine of over
VND 100,000, persons with sanctioning competence must make written records on
administrative violations. An administrative violation written record must
clearly state the date and place of making the record; the full name and
position of the record maker; the full name, address and occupation of the
violator or the name and address of the violating organization; the act of
violation, measures to prevent administrative violation and ensure the
sanctioning (if any); the conditions of temporarily seized goods and/or
articles; statements of the violator or the representative of the violating
organization; in case of presence of witnesses, victims or representatives of
damaged organizations, full names and addresses of victims must be indicated.
3. Fined organizations and individuals must pay fine
amounts at the State Treasuries stated in sanctioning decisions and shall be
given fine receipts.
In remote or far-flung areas, on a river or the sea, in
areas difficult to access or after working hours, the administratively
sanctioned individuals and organizations may pay fine amounts to competent
sanctioning persons. Competent sanctioning persons shall have to collect fine
amounts on spot and remit them into the State Treasuries as defined in Clause
3, Article 58 of the Ordinance on Handling of Administrative Violations.
Sanctioned persons may refuse to pay fine amounts if no fine receipts are given
to them.
4. When confiscating polluting goods and/or articles,
persons with sanctioning competence must make written records thereon, clearly
stating the names, quantities, conditions and quality of the confiscated goods
and/or articles, which shall be signed by confiscators, sanctioned persons or
representatives of sanctioned organizations and witnesses. In case of necessity
to seal off polluting goods and/or articles, such must be conducted in the
presence of sanctioned persons or representatives of sanctioned organizations
and witnesses.
5. Sanctioned individuals and organizations must abide by
sanctioning decisions within 10 days after such sanctioning decisions are
handed to them. Past the above-said time limit, if sanctioned individuals and
organizations fail to voluntarily abide by sanctioning decisions, they shall be
coerced to do so according to the provisions of Article 66 of the Ordinance on
Handling of Administrative Violations and the Government’s Decree No.
37/2005/ND-CP of March 18, 2005, providing procedures for application of
measures to coerce compliance with administrative violation sanctioning
decisions.
6. Individuals getting fined VND 500,000 or more may
postpone the payment of fines in cases where they meet with particular
financial difficulties. The procedures and time limit for postponement of
payment of fines shall comply with the provisions of Article 65 of the
Ordinance on Handling of Administrative Violations.
Article 37.- Deprivation of the
right to use permits
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Upon deciding to deprive of the right to use permits,
competent persons must make written records thereon, clearly stating reasons
for the deprivation of the right to use permits according to the provisions of
Article 59 of the Ordinance on Handling of Administrative Violations, and
concurrently force the stoppage of violations.
The deprivation of the right to use permits shall be
effected only after the written decisions are issued by the competent persons
defined in Clause 3, Article 33; Clauses 2 and 3, Article 34 of this Decree.
Such decisions must be sent to the sanctioned individuals and organizations,
and concurrently notified to agencies which have granted such permits.
Competent persons defined in Clauses 1, 2, 3 of Article 33
of this Decree may propose the environment permit- granting agencies to
withdraw such permits.
2. Definite deprivation of the right to use permits shall
be applied to first-time violations which can be remedied. Upon the expiry of
the duration stated in sanctioning decisions, persons with sanctioning
competence must return permits to organizations or individuals that are
entitled to use such permits.
3. Indefinite deprivation of the right to use permits
shall apply to the following cases:
a/ Permits have been granted ultra vires;
b/ Permits have contents contrary to regulations on
environmental protection;
c/ The violation of regulations on environmental
protection is so serious that violators’ continued operations cannot be
permitted.
Article 38.- Provisions on
application of other administrative measures
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2. Individuals and organizations subject to the
application of remedial measures must execute such sanctioning forms within 10
days after receiving sanctioning decisions, except otherwise provided for by
law. In case of failure to execute them, they shall be forced to do so within
the set time limit. Expenses for the forced execution shall be paid by
individuals or organizations forced to execute them.
3. Where material evidence and/or means used in
environment protection-related administrative violations must be confiscated or
destroyed, written records thereon must be made and signed by sanctioning
decision makers, sanctioned persons and witnesses, and material evidence of administrative
violations shall be handled strictly according to the provisions of Articles 60
and 61 of the Ordinance on Handling of Administrative Violations.
Chapter IV
COMPLAINTS, DENUNCIATIONS, HANDLING OF VIOLATIONS
Article 39.- Complaints and
denunciations
1. Individuals and organizations sanctioned for
administrative violations in the domain of environmental protection or their
lawful representatives may complain about sanctioning decisions of competent
persons.
Citizens may denounce to competent state agencies illegal
acts concerning administrative sanction in the domain of environmental
protection.
2. The procedures for lodging complaints and denunciations
and the settlement of complaints and denunciations shall comply with the
provisions in Articles 118 of the Ordinance on Handling of Administrative
Violations.
3. The initiation of lawsuits against decisions on
sanctioning of administrative violations, decisions on application of measures
to prevent administrative violations in the domain of environmental protection
and ensure the sanctioning thereof shall comply with the provisions of law on
procedures for settlement of administrative cases.
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Persons competent to sanction administrative violations in
the domain of environmental protection, who harass for bribes, tolerate or
cover up violators, fail to sanction, or sanction inappropriately or unpromptly,
or sanction beyond their competence, shall, depending on the nature and
severity of their violations, be disciplined or examined for penal liability;
if causing damage to the State, citizens or organizations, they must pay
compensations therefor according to the provisions of law.
Article 41.- Handling of
violations committed by persons sanctioned for administrative violations
Persons who are sanctioned for administrative violations
in the domain of environmental protection, if committing acts of resisting
officials on duty, delaying or shirking the execution of the sanction or
committing other acts of violation, shall, depending on the nature and severity
of their violations, be handled for administrative violations or examined for
penal liability. If damage is caused, they must pay compensations therefor
according to the provisions of law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 42.- Solution of existing
problems
Production, business or service establishments which had
commenced their operation before the effective date of the 2005 Law on
Environmental Protection and have already made registration of conformity with
environmental standards certified by competent state agencies but commit acts
of violating the provisions of the Law on Environmental Protection and this
Decree shall be sanctioned like production or service establishments subject to
compulsory registration of environmental protection commitments.
Article 43.- Implementation
effect
This Decree shall take effect 15 days after its publication
in “CONG BAO.”
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Article 44.- Guidance and
implementation responsibilities
The Minister of Natural Resources and Environment shall,
within the ambit of his/her functions, tasks and powers, have to guide and
organize the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of
government-attached agencies and presidents of provincial/municipal People’s
Committees shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung