THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 163/2013/ND-CP
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Hanoi, November 12, 2013
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DECREE
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS PERTAINING TO CHEMICALS, FERTILIZERS AND INDUSTRIAL
EXPLOSIVES
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Penalties for administrative violations dated
June 20, 2013;
Pursuant to the Law on Chemicals dated November 21, 2007;
Pursuant to the Law on Chemicals dated November 21, 2007;
Pursuant to the Ordinance No. 16/2011/UBTVQH12 dated
June 30, 2011 of 12th Standing Committee of the National Assembly on
the management and use of weapons, explosives and combat gears;
Pursuant to the Government's Decree No. 100/2005/ND-CP dated August 03, 2005 on the implementation of Convention on
the Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction;
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Pursuant to the Government's Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives;
At the request of the Minister of Industry and Trade;
The Government promulgates the Decree on penalties
for administrative violations pertaining to chemicals, fertilizers and
industrial explosives,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree deals with the administrative violations, penalties, fines,
and remedial measures; the power to impose administrative penalties and make records
on administrative violations pertaining to chemicals, fertilizers, and
industrial explosives.
2. For the administrative violations pertaining to chemicals, fertilizers and industrial explosives that are not
mentioned in this Decree, the regulations in corresponding Decrees shall apply.
Article 2. Entities that incur administrative
penalties
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2. The foreign organizations and foreigners that commit administrative violations pertaining to chemicals,
fertilizers and industrial explosives within the territory of Socialist
Republic of Vietnam, unless otherwise prescribed in International
Agreements to which Vietnam is a signatory.
Article 3. Remedial measures
Apart from the primary penalties and additional penalties, the
organizations and individuals that commit administrative violations
(hereinafter referred to as violators) must take one or some of the following
remedial measures:
1. Removing from Vietnam or destroying the hazardous
chemicals; destroying the electric products, electronic products, textile and
garment products that exceeds the permissible limits on harmful chemicals.
2. Destroying the fertilizers that threaten the
health of human, animals, plants, and the environment.
3. Taking samples, retest the quality of fertilizers
if the regulations on sampling, quality inspection and certification are not
complied with.
4. Reconduct the experiment, rectify or cancel the
result of fertilizer experiment if the experiment procedure is not followed or
the result is not truthful.
5. Restoring the initial condition; eliminate unsafe
factors in the process of manufacture of industrial explosives.
6. Moving the spare industrial explosives to proper
storage or places.
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1. The maximum fine incurred by a individual that commits
violations pertaining to chemicals in Chapter II of this Decree, is 50,000,000
VND. The fine for the same violation committed by an organization is twice as
much as the fine incurred by a individual.
2. The maximum fine incurred by a individual that
commits violations pertaining to fertilizers and explosives in Chapter III and
Chapter IV of this Decree is 100,000,000 VND; the fine for the same violation committed by an organization is twice
as much as the fine incurred by a individual.
3. The maximum fines imposed by the persons mentioned
in Articles 36 to 44 of this Decree are incurred by individuals. The maximum
fines such persons can imposed upon organizations are twice as much as the
maximum fines they are entitled to impose upon individuals.
Chapter 2.
ADMINISTRATIVE VIOLATIONS PERTAINING TO CHEMICALS
Article 5. Violations against regulations on safety
during the manufacture, sale, and storage of hazardous chemicals
1. A fine of from 1,000,000 VND to 3,000,000 VND
shall be imposed for one of the following violations:
a) No regulations on chemical safety are put up in the area where
hazardous chemicals are manufactured, sold, or stored;
b) No warning systems that suit the danger of chemicals are established in
the area where hazardous chemicals are manufactured, sold, or stored;
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2. A fine of from 3,000,000 VND to 5,000,000 VND shall be
imposed for one of the following violations:
a) Failure to notify competent authorities of the changes to the plan for
prevention and response to chemical accidents, which has been approved, or the
measures for prevention and response to chemical accidents, which have been certified;
b) Failure to satisfy the requirements in the plan for prevention and response to chemical accidents, which has
been approved, or the measures for prevention and response to chemical
accidents, which have been certified;
3. A fine of from 5,000,000 VND to 8,000,000 VND
shall be imposed for the failure to work out a plan or measures for prevention
and response to chemical accidents during the manufacture, sale and storage of
hazardous chemicals according to legislation on chemicals.
4. A fine of from 8,000,000 VND to 10,000,000 VND shall be
imposed for the failure to have a warehouse to store hazardous
chemicals, unless hazardous chemicals are delivered directly to the warehouse
of the buyer.
5. Additional penalties:
Suspending of the manufacture, sale, or storage of hazardous chemicals for
01 - 03 months if the violations in Clause 3 and Clause 4 of this Article
threaten or seriously harm human health and the environment
6. Remedial measures:
Violators of Clause 4 of this Article shall be compelled to destroy the
hazardous chemicals that harm the health of humans, animals, and the
environment.
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1. A fine of from 5,000,000 VND to 8,000,000 VND shall be
imposed for one of the following violations:
a) Using hazardous chemicals for manufacturing other products that those
registered;
b) Failure to register the use of hazardous chemicals before use.
2. A fine of from 8,000,000 VND to 12,000,000 VND shall be
imposed for using hazardous chemicals in the list of banned chemicals
for manufacture and preservation of animal feeds.
3. A fine of from 12,000,000 VND to 15,000,000 VND shall be
imposed for using hazardous chemicals in the list of banned chemicals for
manufacture of veterinary medicines and pesticides.
4. A fine of from 15,000,000 VND to 18,000,000 VND shall be
imposed for using hazardous chemicals in the list of banned chemicals for
manufacture and preservation of foods.
5. A fine of from 18,000,000 VND to 20,000,000 VND shall be
imposed for using hazardous chemicals in the list of banned chemicals for
manufacture of medicines and household chemicals.
6. Remedial measures:
Violators of Clauses 2, 3, 4, and 5 of this Article shall be
compelled to destroy the hazardous chemicals and goods that
harm the health of humans, animals, and the environment.
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1. A fine of from 500,000 VND to 1,000,000 VND shall be
imposed for one of the following violations:
a) The permit to trade in toxic chemicals does not contain sufficient
information as prescribed by legislation on chemicals;
b) The permits to trade in toxic chemicals are not retained for a
sufficient period of time or not at all.
2. A fine of from 1,000,000 VND to 2,000,000 VND shall be
imposed for trading in toxic chemicals without the permit to trade in
toxic chemicals.
Article 8. Violations against
regulations on permissible limits on harmful chemicals in some consumer
goods
1. A fine of from 1,000,000 VND to 2,000,000 VND shall be
imposed for the failure to provide information about permissible limits
on harmful chemicals as prescribed by legislation on chemicals.
2. A fine of from 2,000,000 VND to 3,000,000 VND shall be
imposed for the failure to make or retain documents about permissible
limits on harmful chemicals as prescribed by legislation on chemicals.
3. A fine of from 4,000,000 VND to 8,000,000 VND shall be
imposed for committing one of the following violations
during the manufacture, sale, or import of chemicals:
a) The content of harmful chemicals in the electric or electronic products
exceed the limits on permissible level of harmful chemicals prescribed by
legislation on chemicals
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c) The content of aromatic amino that are derivatives of azo dyes in dyed
textile and garment, printed or dyed details exceed the limits on permissible
level of azo.
4. Remedial measures:
Violators of Clause 4 of this Article shall be compelled to destroy electric products, electronic products, textile and garment products in
which the content of chemicals are not conformable.
Article 9. Violations against regulations on
Certificates of eligibility to trade or sell chemicals in the List of chemicals
manufactured or sold conditionally
1. A warning shall be issued or a fine of from
500,000 VND to 1,000,000 VND for falsifying the Certificate of eligibility to
trade or sell chemicals.
2. A fine of from 10,000,000 VND to 15,000,000 VND shall be
imposed for manufacturing or selling hazardous chemicals
in the list of chemicals manufactured or sold conditionally without a
Certificate issued by a competent authority (if the Certificate is required by
law).
3. A fine of from 15,000,000 VND to 20,000,000 VND shall be
imposed for keeping on manufacturing or selling hazardous
chemicals in the list of chemicals manufactured or sold conditionally while
the manufacture or business is suspended by a competent authority
or the Certificate of eligibility to manufacture or sell chemicals is
revoked.
4. Remedial measures:
Violators of Clause 2 and Clause 3 of
this Article shall be compelled to destroy the hazardous chemicals that harm
the health of humans, animals, and the environment.
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1. A warning shall be issued or a fine of from 1,000,000 VND
to 3,000,000 VND for falsifying the License to manufacture or sell
restricted chemicals.
2. A fine of from 3,000,000 VND to 7,000,000 VND shall be
imposed for one of the following violations:
a) Leasing, lending, pledging, mortgaging, selling, transferring the
License to manufacture or sell restricted chemicals;
a) Renting, borrowing, buying, receiving the License to manufacture or
sell restricted chemicals, or taking it as a mortgage or a pledge.
3. A fine of from 7,000,000 VND to 12,000,000 VND shall be
imposed for one of the following violations:
A) Using the License to manufacture or sell restricted
chemicals of another entity to manufacture or sell chemicals.
b) The scale, time, location, or products of the business are not
conformable with the License to manufacture or sell restricted chemicals.
4. A fine of from 12,000,000 VND to 20,000,000 VND shall be
imposed for one of the following violations:
a) Manufacturing or selling chemicals restricted from manufacture or
trading without the License to manufacture or sell restricted
chemicals.
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5. A fine of from 20,000,000 VND to 25,000,000 VND shall be
imposed for keeping on manufacturing or selling chemicals while the manufacture
or business is suspended by a competent authority, or the
License to manufacture or sell restricted chemicals is suspended or revoked.
6. Additional penalties:
Violators of Point b Clause 3 of this Article shall have their Licenses to
manufacture or sell restricted chemicals for 01 - 03 months if the violations
are recommitted.
Article 11. Violations against
regulations on management of industrial precursors
A fine of from 300,000 VND to 500,000 VND shall be imposed
for writing precursors and other goods in the same inventory sheet;
failing to separately monitor the purchase and delivery of precursors according
to legislation on management of industrial precursors.
Article 12. Violations against
regulations on reporting manufactured and imported chemicals
1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed
for one of the following violations:
a) Reporting false amount or origins of chemicals;
b) Reporting false nature or composition of chemicals;
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a) Importing chemicals in the List of chemicals that must be reported
without a Certificate of reported chemical import issued by a competent
authority;
b) Manufacturing chemicals in the List
of chemicals that must be reported without a Certificate of reported
chemical manufacture issued by a competent authority.
3. Remedial measures:
a) Violators of Point a Clause 2
of this Article shall be compelled to re-export or remove
hazardous chemicals from Vietnam.
b) Violators of Point b Clause 2 of
this Article shall be compelled to destroy the hazardous chemicals that harm
the health of humans, animals, and the environment.
Article 13. Violations against
regulations on retention of information about hazardous chemicals
A fine of from 300,000 VND to 500,000 VND shall be imposed
for the failure to work retain information about hazardous chemicals during the manufacture, sale and use of hazardous
chemicals according to legislation on chemicals.
Article 14. Violations against
regulations on management of pesticides and germicides
1. A fine of from 1,000,000 VND to 2,000,000 VND shall be
imposed for one of the following violations:
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b) Improperly disposing of containers of pesticides and
germicides after use.
2. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for one of the following violations:
a) Failing to comply with regulations on conditions for manufacturing or
selling pesticides and germicides.
b) Failing to comply with regulations on packaging,
preservation, and transport of pesticides and germicides;
c) The product labels are not consistent with the registered contents;
d) Failing to follow the experiment procedure established by a competent
health agency.
3. A fine of from 10,000,000 VND to 20,000,000 VND shall be
imposed for one of the following violations:
a) Manufacturing or selling pesticides and
germicides while the License for free sale of such products is expired;
b) Manufacturing or selling pesticides and germicides
that are not conformable with announced standards;
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d) Advertising pesticides or germicides without a note of receipt of the
application for registration of advertisement issued by a competent health
agency, or advertising inconsistently with registered contents, or failing to
change the advertisement at the request of a competent health agency.
4. A fine of from 20,000,000 VND to 30,000,000 VND
shall be imposed for selling expired pesticides or germicides.
5. A fine of from 30,000,000 VND to 40,000,000 VND shall be
imposed for manufacturing or selling pesticides or
germicides that are banned in Vietnam.
Article 15. Violations against
regulations on inspection and supervision
1. A fine of from 3,000,000 VND to 5,000,000 VND shall be
imposed for one of the following violations:
a) Failing to comply with the decision on inspection issued by a competent
authority or Organization for the Prohibition of Chemical Weapons;
b) Failing to comply with regulations on inspection
imposed by Organization for the Prohibition of Chemical Weapons;
2. Additional penalties:
Violators of Clause 1 of this Article shall be suspended from operation
from 01 to 03 months.
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1. A fine of from 5,000,000 VND to 10,000,000 VND
shall be imposed for providing false information about the DOC or DOC/PSF
facility in the initial declaration, annual declaration of past activities, or
additionally planned activities.
2. A fine of from 10,000,000 VND to 15,000,000 VND shall be
imposed for the failure to make an initial declaration, annual
declaration of past activities, or additionally planned activities of the DOC
or DOC-PSF facility.
3. Additional penalties:
DOC and DOC/PSF facilities that commit the violations in Clause 1 and
Clause 2 of this Article shall be suspended for 01 - 03 months.
Article 17. Violations against
regulations on management Schedule 2 and Schedule 3 chemicals
1. A fine of from 15,000,000 VND to 20,000,000 VND shall be
imposed for one of the following violations:
a) Making declarations behind schedule;
b) Failing to a make declaration or providing false information about the
manufacture, export, or import of Schedule 2 and Schedule 3 chemicals.
2. A fine of from 20,000,000 VND to 30,000,000 VND
shall be imposed for manufacturing Schedule 3 chemicals and Schedule 2
chemicals against the written approval for investment made by a competent
authority; exporting or importing Schedule 3 chemicals and Schedule 2 chemicals
against the License for export or import; transferring the License to export or
import to another company.
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4. Additional penalties:
a) Violators of Clause 2 of this Article shall have
their licenses suspended for 01 - 03 months;
b) Violators of Clause 1 and Clause 3 of this Article shall have the
manufacture of Schedule 3 chemicals or Schedule 2 chemicals suspended for 01 -
03 months.
5. Remedial measures:
Violators of Clause 4 of this Article shall be compelled to
destroy the Schedule 3 chemicals or Schedule 2 chemicals if they harm the health of humans, animals, and the environment.
Article 18. Violations against regulations
on management of chemical weapons and Schedule 1 chemicals
1. A fine of from 30,000,000 VND to 40,000,000 VND shall be
imposed for one of the following violations:
a) Manufacturing, storing, using toxic chemicals, their precursors, and
banned Schedule 1 chemicals;
b) Exporting, importing toxic
chemicals, their precursors, and banned Schedule 1 chemicals;
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d) Re-exporting/re-importing Schedule 1 chemicals to/from any organization or
individual of a third country;
dd) Exporting, importing Schedule 1 chemicals against the License to
export or import; transferring the License to export or import to another
company.
2. A fine of from 40,000,000 VND to 50,000,000 VND shall be
imposed for one of the following violations:
a) Failing to declare or providing false information about the
manufacture, use, or storage of Schedule 1 chemicals; failing to declare the
export or import of Schedule 1 chemicals; declaring Schedule 1 chemicals behind
schedule;
b) Manufacturing, processing, storing more Schedule 1 chemicals than
permissible amounts.
3. Additional penalties:
a) Violators of Clause 1 and Clause 2
of this Article shall have their licenses suspended for 02 - 05 months;
b) Violators of Clause 2 of this
Article shall have the manufacture of Schedule 1 chemicals
suspended for 02 - 05 months.
a) Violators of Clause 2 of this Article shall have their
licenses suspended for 01 - 03 months;
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Violators of Clause 1 and Clause 2 of this Article shall be
compelled to remove the chemicals from Vietnam.
Chapter 3.
ADMINISTRATIVE VIOLATIONS PERTAINING TO FERTILIZERS
Article 19. Violations against
regulations on conditions for manufacturing and processing fertilizers
1. A fine of from 1,000,000 VND to 3,000,000 VND
shall be imposed for the failure to employ workers that are proficient in
manufacture and quality management of fertilizers.
2. A fine of from 3,000,000 VND to 7,000,000 VND shall be imposed
for the failure to establish a laboratory or to sign a contract with an
appointed accredited laboratory to test fertilizer quality.
3. A fine of from 10,000,000 VND to 15,000,000 VND shall be
imposed for manufacturing or processing fertilizers without a warehouse
for storing fertilizers.
4. A fine of from 15,000,000 VND to 20,000,000 VND shall be
imposed for the failure to obtain appropriate machinery, equipment and
technology to manufacture or process fertilizers.
5. Additional penalties:
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Article 20. Penalties for manufacturing
and processing substandard fertilizers
1. A fine of from 80,000,000 VND to 90,000,000 VND
shall be imposed for exceeding the tolerable deviation of quantity of the
applied Standards, National Technical Regulations, or the List of fertilizers.
2. A fine of from 90,000,000 VND to 100,000,000 VND shall be
imposed for failing to meet the standards in comparison to
the applied Standards, National Technical Regulations, or the List of
fertilizers.
3. Remedial measures:
Violators of Clause 1 and Clause 2 of this Article shall be
compelled to destroy the fertilizers that harm the health
of humans, animals, and the environment.
Article 21. Violations against
regulations on conditions for selling fertilizers
1. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for the failure to present legitimate documents proving the
manufacturers, exporters, or suppliers of fertilizers.
2. A fine of from 10,000,000 VND to 15,000,000 VND shall be
imposed for one of the following violations:
a) Selling fertilizer without a shop or a place where fertilizer quality
can be maintained;
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c) Selling fertilizer without a fertilizer warehouse.
3. Additional penalties:
a) The fertilizers of which the manufacturers, exporters, or
suppliers are not proven as mentioned in Clause 1 of this Article shall
be confiscated;
b) The sale of fertilizers shall be
suspended for 01 - 03 months if the lack of appropriate instruments,
containers, or fertilizer warehouse in Clause 2 of this Article is
likely to seriously harm human health and the environment.
Article 22. Penalties for selling
substandard fertilizers
1. A fine of from 30,000,000 VND to 40,000,000 VND shall be
imposed for selling expired fertilizers.
2. A fine of from 40,000,000 VND to 50,000,000 VND shall be
imposed for selling the fertilizers suspended from manufacture or sale.
3. Additional penalties:
The fertilizers that are expired, suspended from manufacture, or suspended
from sale in Clause 1 of this Article shall be confiscated.
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Violators of Clause 1 and Clause 2 of this Article shall be
compelled to destroy the of fertilizers that threaten the
health of humans, animals, and the environment.
Article 23. Violations against
regulations on import of fertilizers
1. A fine of from 4,000,000 VND to 7,000,000 VND
shall be imposed for importing new fertilizers for experiment without a written
approval by a competent authority.
2. A fine of from 7,000,000 VND to 10,000,000 VND shall be
imposed for one of the following violations:
a) Importing fertilizers for sport stadiums without a
written approval by a competent authority.
b) Importing dedicated fertilizers for internal
use without a written approval by a competent authority.
3. A fine of from 10,000,000 VND to 20,000,000 VND shall be
imposed for importing new fertilizers as samples, gifts, or scientific
test objects without a written approval by a competent authority.
4. A fine of from 20,000,000 VND to 30,000,000 VND shall be
imposed for importing fertilizers that fail to meet the
applied Standards or National Technical Regulations
of Vietnam.
5. Remedial measures:
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Article 24. Violations against
regulations on sampling and analyzing fertilizers
1. A fine of from 1,000,000 VND to 3,000,000 VND
shall be imposed for the failure to follow the methods of sampling, quality
testing and certification provided by competent authorities, or the failure to
follow the testing methods, standards, or National Technical Regulations issued
by competent authorities.
2. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for one of the following violations:
a) Falsifying the result or announcing a false result of fertilizer
quality testing;
b) Failing to protect the confidentiality of information, data, results of
sampling, quality testing and certification.
3. Remedial measures:
Violators of Clause 1 and Point a Clause 2 of this Article shall be
compelled to conduct another sampling, quality testing and certification, and
must not collect fees for such activities.
4. Additional penalties:
Sampling and analysis of fertilizers shall be suspended for 01 - 03 months
if the violations in Clause 2 of this are recommitted.
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1. A fine of from 1,000,000 VND to 4,000,000 VND shall be falsifying
the documents in the application for permission to perform fertilizer
experiments
2. A fine of from 4,000,000 VND to 6,000,000 VND shall be
imposed for the failure to register and report changes to the
experiments to competent authorities.
Article 26. Violations against
regulations on fertilizer experiments
1. A fine of from 2,000,000 VND to 4,000,000 VND shall be
imposed for performing experiments against the registration or current
regulations of fertilizer experiments.
2. A fine of from 4,000,000 VND to 6,000,000 VND shall be
imposed for announcing untruthful experiment results.
3. Remedial measures:
Violators of Clause 1 and Clause 2 of this Article shall be
compelled to perform another experiment, rectify the experiment result,
or cancel the experiment result.
Article 27. Violations against
regulations on changing fertilizer names
A fine of from 1,000,000 VND to 3,000,000 VND shall be
imposed for the failure to comply with regulations on conditions or
procedures for changing names of fertilizers.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from 1,000,000 VND to 2,000,000 VND shall be
imposed for carrying on the manufacture or sale while the certificate
of accredited provider of training in fertilizer sampling or fertilizer-testing
laboratory is expired without submitting an application for renewal to a
competent authority.
2. A fine of from 2,000,000 VND to 3,000,000 VND shall be
imposed for the failure to notify the competent authority of changes to
the accredited operations.
Chapter 4.
ADMINISTRATIVE VIOLATIONS PERTAINING TO INDUSTRIAL
EXPLOSIVES
Article 29. Violations against regulations on
documents and reports on the work with industrial explosives and their
precursors
1. A warning shall be given for failing to submit
periodic reports on the work with industrial explosives and their precursors.
2. A fine of from 2,000,000 VND to 5,000,000 VND
shall be imposed for providing false information in the reports on activities
related to industrial explosives and their precursors; failing to retain
sufficient documents about the work with industrial explosives or not at all.
3. A fine of from 10,000,000 VND to 20,000,000 VND
shall be imposed for the failure to report the supply, export, import, and
unused amount of industrial explosives and their precursor; providing false
data about the sale of industrial explosives and their precursor; obstructing
the inspection by competent authorities; failing to report the loss of
industrial explosives or accidents related to industrial explosives to
competent authorities.
Article 30. Violations against
regulations on individuals directly working with industrial explosives and
their precursors
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2. A fine of from 2,000,000 VND to 5,000,000 VND
shall be imposed for the failure to provide periodic training for
the persons directly working with industrial explosives
within 03 months from the receipt of the warning.
3. A fine of from 5,000,000 VND to 15,000,000 VND shall be
imposed for one of the following violations:
a) Employing unqualified persons.
b) Employing the persons that are not trained and issued with certificates
of training in explosives safety.
4. A fine of from 15,000,000 VND to 30,000,000 VND shall be
imposed for employing unqualified persons to manage the work with
industrial explosives.
Article 31. Violations against
regulations on management of licenses for activities related to industrial
explosives and their precursors
1. A fine of from 2,000,000 VND to 5,000,000 VND shall be
imposed for failing to report the loss of the license licenses for
activities related to industrial explosives and their precursors.
2. A fine of from 10,000,000 VND to 20,000,000 VND shall be
imposed for failing to apply for a registration when commencing or
terminating activities related to industrial explosives or their precursors.
3. A fine of from 20,000,000 VND to 30,000,000 VND shall be
imposed for one of the following violations:
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b) Manufacturing, preserving, transporting, using an amount of industrial
explosives that exceeds the permissible amount in the License to work with
industrial explosives or the Certificate of registration of use of industrial
explosives;
c) Allowing a unit that is not mentioned in the license to sell industrial
explosives.
4. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for falsifying the license to work with industrial
explosives and their precursors.
5. A fine of from 80,000,000 VND to 100,000,000 VND shall be
imposed for one of the following violations:
a) Using the license to work with industrial explosives to sell or provide
industrial explosives for other organizations and individuals;
b) Using the license to work with industrial explosives to provide blast
services or plant explosives at a location not being mentioned in the license.
6. Additional penalties:
a) Violators of Point a Clause 5 of
this Article shall have their illegal items confiscated;
b) The license to work with industrial explosives shall be suspended for
03 - 06 months when the violations in Clause 3 of this Article are committed,
for 06 - 12 months when the violations in Clause 4 of this Article are
committed, for 18 - 24 months when the violations in Clause 5 of this Article
are committed.
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1. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for packaging industrial explosives improperly.
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be
imposed for one of the following violations:
a) The research or experiment with industrial explosives and explosive
precursors is inconsistent with the approved project;
b) Using materials with unknown origins to manufacture industrial
explosives using.
3. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for one of the following violations:
a) Manufacturing industrial explosives and explosive precursors while the
conditions for manufacture are not fulfilled at the request of competent
authorities;
b) Changing the composition or category of materials; manufacturing other
industrial explosives that those registered and permitted;
c) Changing the industrial explosive manufacture process without the
approval by competent authorities;
d) Do not test new industrial explosives that manufactured in Vietnam, or
importing industrial explosives into Vietnam without accredited test results.
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a) Researching, testing industrial
explosives and explosive precursors without being approved or assigned
by competent authorities;
b) Manufacturing industrial explosives and explosive
precursors without being issued with the certificate of eligibility to manufacture
industrial explosives and explosive precursors; using dedicated equipment for
manufacture of industrial explosives without permission by competent
authorities;
c) Changing the technology, equipment, or location
for manufacture of industrial explosives without approval by competent
authorities.
5. Additional penalties:
a) Illegal items and instruments shall be confiscated
when the violations in Clause 2, Point b Clause 3, Point a and Point b Clause 4
of this Article are committed;
b) The violator that commits the violations in Point
c Clause 3 and Point c Clause 4 of this Article shall be suspended from working
with industrial explosives for 03 - 06 months.
6. Remedial measures:
a) The violator that commits the violations in Point
c Clause 3 and Point c Clause 4 of this Article shall be compelled to restored
the initial condition;
b) The violator shall be compelled to eliminate the
threats caused by the violations in Point a Clause 3 and
Point c Clause 4 of this Article.
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1. A warning shall be given for:
a) Failing to put up safety regulations in the warehouse;
b) Failing to put up danger signs in the areas where
industrial explosives and explosive precursors are stored.
2. A fine of from 2,000,000 VND to 5,000,000 VND
shall be imposed for failing to dispatch security guards to protect the areas
where industrial explosives are stored;
3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed
for one of the following violations:
a) Failing to have an approved plan for protecting
the industrial explosive warehouse.
b) Failing to seal and lock the industrial explosive warehouse;
c) The number of security guards is not sufficient.
4. A fine of from 10,000,000 VND to 30,000,000 VND shall be
imposed for one of the following violations:
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b) Failing to follow the procedure seal
and lock the industrial explosive warehouse;
c) Failing to provide instruments and constructions for guarding and
protecting the warehouse of industrial explosives and explosive precursors;
d) The amount of degraded industrial explosives in national reserve are
exceeds permissible limits without acceptable explanation;
dd) Violating the regulations on national reserve security;
5. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for one of the following violations:
a) Allowing other organizations and individuals to put in their industrial
explosives or lease the industrial explosive warehouse without a contract or
legitimate document; the amount of industrial explosives in storage exceeds the
approved limit.
b) The categories of industrial explosives in national
reserve are not suitable for the warehouse or location;
c) The industrial explosive warehouse
is expanded or repaired without the approval by competent
authorities;
d) No plans for prevention and response to emergencies at the industrial explosive
warehouse are made;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of from 50,000,000 VND to 70,000,000 VND shall be
imposed for one of the following violations:
a) The industrial explosives are stored in place or a
warehouse that is not approved by a competent authority;
b) The failure to comply with regulations on preservation leads to a loss
of explosive precursors.
7. A fine of from 80,000,000 VND to 100,000,000 VND shall be
imposed for omission of violations against regulations on preservation
that leads to a loss of industrial explosives in the warehouse.
8. Additional penalties:
a) Illegal items and instruments shall be confiscated
when the violations in Point a Clause 5 of this Article
are committed.
9. Remedial measures:
a) The violator that commits the violations Point c Clause 5 of this Article shall be compelled to restored the initial condition;
b) Violators of Point b Clause 5 of this Article shall be compelled to
move industrial explosives in reserve to a proper warehouse or place.
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d) Violators of Point a Clause 6 of
this Article shall be compelled to move industrial explosives the warehouses or places approved by competent
authorities.
Article 34. Violations against
regulations on transport of industrial
explosives and explosive precursors
1. A warning shall be given if the signs indicating the
area where industrial explosives are loaded or unloaded are not put up.
2. A fine of from 2,000,000 VND to 5,000,000 VND shall be
imposed for one of the following violations:
a) No symbols are used when transporting industrial explosives;
b) No security force is deployed while loading or unloading industrial
explosives.
3. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for one of the following violations:
a) Industrial explosives and explosive precursors are transported without
being accompanied by escorts, or the number of escorts is insufficient;
b) Plans for prevention and response to emergencies, measures for
protecting order and safety are not taken;
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d) Improperly moving industrial explosives from one vehicle to another on
the road;
d) The license to transport industrial explosives is lost; the license to
transport industrial explosives is not returned on time after the transport is
finished.
4. A fine of from 10,000,000 VND to 30,000,000 VND shall be
imposed for one of the following violations:
a) The categories of industrial explosives
transported are not consistent with the license to transport;
b) Safety regulations on industrial explosives during the transport
of industrial explosives are not complied with;
c) Transporting industrial explosives by a vehicle that is not registered,
not inspected and issued with a license by a competent authority, or not
allowed to be used for transporting industrial explosives.
5. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for one of the following violations:
a) The route of transporting industrial
explosives is not consistent with the license to
transport;
b) The vehicle that transports industrial
explosives stops or parks at the places not allowed in the
license to transport;
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6. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed
for losing industrial explosives;
7. A fine of from 80,000,000 VND to 100,000,000 VND shall be
imposed for transporting industrial explosives
without a license.
8. Additional penalties: Illegal industrial
explosives shall be confiscated when the violations in Point
a Clause 4 and Clause 7 of this Article are committed.
9. Remedial measures: Violators shall be compelled to
eliminate the threats to safety posed by the violations in Point b Clause 4 of
this Article.
Article 35. Violations against regulations
on selling industrial explosives and explosive
precursors
1. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for selling industrial explosives and
explosive precursors without signing a contract;
2. A fine of from 10,000,000 VND to 20,000,000 VND shall be
imposed for refusing to repurchase the unused industrial explosives from
the buyer without an acceptable explanation.
3. A fine of from 20,000,000 VND to 30,000,000 VND shall be
imposed for exporting and importing incorrect categories, quantity, or
types of industrial explosives in national reserve according to the national
reserve plan.
4. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for exporting, importing, buying, selling incorrect
categories, quantity, or types of industrial explosives according to the
license.
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6. A fine of from 80,000,000 VND to 100,000,000 VND shall be
imposed for one of the following violations:
a) Exporting, importing industrial
explosives and explosive precursors without approval by
competent authorities;
b) Selling industrial explosives to an organization
without the license to use industrial explosives.
7. Additional penalties:
Illegal items and instruments shall be confiscated when the
violations in Clause 1, Clause 5, and Point b Clause 6 of
this Article are committed.
8. Remedial measures:
The violators mentioned in Clause 4 and Point a Clause 5 of this Article
shall be compelled to re-export or remove the illegal items from Vietnam.
Article 36. Violations against regulations
on using industrial explosives and providing blast services
1. A fine of from 3,000,000 VND to 5,000,000 VND
shall be imposed for blasting without a commander; the blasting plan is not
made or not sufficient.
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a) The blasting report is not satisfactory;
b) No guard post or danger signs at the blasting site;
c) No registration, notice or compliance with the order of blasting
signals and completion signals that were registered or notified.
3. A fine of from 10,000,000 VND to 30,000,000 VND shall be
imposed for one of the following violations:
a) Violating National Technical Regulation on safety
when using industrial explosives;
b) Failing to supervise the impact of blasting on the constructions and
objects that need protection within the impact zone.
4. A fine of from 30,000,000 VND to 50,000,000 VND shall be
imposed for failing to make blasting reports.
5. A fine of from 50,000,000 VND to 70,000,000 VND shall be
imposed for one of the following violations:
a) Changing the types, quantity of industrial explosives or blasting
control methods in the blasting plan or blasting report that was approved;
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c) Using other industrial explosives than
those allowed.
6. A fine of from 80,000,000 VND to 100,000,000 VND shall be
imposed for one of the following violations:
a) Failing to sell unused industrial explosives to
the seller when the use of industrial explosives is finished;
b) Buying industrial explosives and explosive precursors from the
organizations or individuals that are not allowed to sell industrial
explosives;
c) Do not move unused industrial explosives to the
warehouse after the blasting is finished.
7. Additional penalties:
a) Illegal items and instruments shall be confiscated when
the violations in Point c Clause 5 of this Article are
committed.
b) The license to use industrial explosives shall be
suspended for 06 - 12 months when the
violations in Clause 4, Point b Clause 5 of this Article
are committed; for 18 - 24 months when the violations in Point b and
Point c Clause 6 of this Article are committed.
8. Remedial measures:
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Article 37. Violations against
regulations on checking, testing and destroying industrial explosives
1. A warning shall be given for failing to test
industrial explosives periodically.
2. A fine of from 2,000,000 VND to 5,000,000 VND shall be
imposed for one of the following violations:
a) No written record on destruction of industrial
explosives is made;
b) The result is not verified after the destruction of industrial explosives.
3. A fine of from 5,000,000 VND to 10,000,000 VND shall be
imposed for one of the following violations:
a) Failing to destroy degraded industrial explosives;
b) Failing to notify competent authorities when
destroying industrial explosives.
4. A fine of from 10,000,000 VND to 30,000,000 VND shall be
imposed for violating national safety regulation during the destruction
of industrial explosives.
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The license to use industrial explosives shall be suspended for 03 - 06
months when the violations in Clause 4 of this Article are committed.
6. Remedial measures:
The violator mentioned in Point a Clause 3 of this Article shall be
compelled to destroy the industrial explosives.
Chapter 5.
POWER TO IMPOSE PENALTIES
Article 38. The power to imposer penalties of
Presidents of the People’s Committees
Presidents of the People’s Committees are entitled to impose penalties for
administrative violations pertaining to chemicals, fertilizers and industrial
explosives that are committed locally. In particular:
1. Presidents of People’s Committees of communes are
entitled to impose penalties for the violations mentioned in Clauses 1, 2
Article 5; Article 7; Clause 1, 2 Article 8; Clause 1 Article 9; Clause 1
Article 10; Article 11; Article 12; Article 13; Clause 1 Article 19; Clause 1
Article 24; Clause 1 Article 25; Clause 1 Article 26; Article 27; Article 28;
Clauses 1, 2 Article 29; Clauses 1, 2 Article 30; Clause 1 Article 31; Clauses
1, 2 Article 33; Clauses 1, 2 Article 34; Clause 1 Article 36; Clauses 1, 2
Article 37:
a) Give warnings;
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c) Compel the destruction of hazardous chemicals mentioned in Point b
Clause 3 Article 12 of this Decree; compel the verification of fertilizer
experiment results mentioned in Clause 3 Article 26 of this Decree;
d) Confiscate illegal items and instruments for working with industrial
explosives, the value of which does not exceed 5,000,000 VND;
dd) Compel the restoration of the initial condition that has been changed
by the unlawful work with industrial explosives.
2. Presidents of People’s Committees of districts are
entitled to:
a) Give warnings;
b) Impose fines of up to 25,000,000 VND for
violations pertaining to chemicals; up to 50,000,000 VND
for violations pertaining to fertilizers and industrial explosives;
c) Suspend the manufacture, sale, or storage of hazardous chemicals,
operation of DOC, DOC/PSF facilities; manufacture, processing, sale of
fertilizers; works with industrial explosives;
d) Confiscate the fertilizers of which the origins
are not proven; confiscate illegal items and instruments for
working with industrial explosives, the value of which does not exceed
50,000,000 VND;
dd) Compel the restoration of the initial condition that has
been changed by the unlawful work with industrial explosives;
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g) Compel the destruction of hazardous chemicals and fertilizers; compel
the verification of fertilizer experiment results.
3. Presidents of People’s Committees of provinces are entitled to:
a) Give warnings;
b) Impose fines of up to 50,000,000 VND for violations pertaining
to chemicals; up to 100,000,000 for violations pertaining to fertilizers
and industrial explosives;
c) Suspend licenses to manufacture or sell restricted chemicals and
licenses to export/import Schedule chemicals; suspend the manufacture or sale
of Schedule chemicals. Suspend the manufacture, processing, and sale of
fertilizers. Suspend licenses to use
industrial explosives or suspend the work with industrial explosives;
d) Confiscate the fertilziers of which the origins are not
proven; confiscate illegal items and instruments for working with industrial
explosives;
dd) Compel the restoration of the initial condition that has
been changed by the unlawful work with industrial explosives;
e) Compel the dismantlement of constructions that are illegal or violate
the regulations on works with industrial explosives;
g) Compel the elimination of threats to safety caused
by unlawful works with industrial
explosives;
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i) Compel the removal from Vietnam or re-export according to Article 28 of
the Law on Penalties for administrative violations.
Article 39. The power to impose penalties of
specialized inspectors
1. Inspectors of the Ministry of Industry and Trade,
the Ministry of Agriculture and Rural Development, Services of Industry and
Trade, Services of Agriculture and Rural development are entitled to:
a) Give warnings;
b) Impose fines of up to 500,000 VND;
2. Chief Inspectors of Services of Industry and Trade,
Services of Agriculture and Rural development, chief commissioners of
inspectorates of Industrial Safety Techniques and Environment Agency, Vietnam
Chemicals Agency, chief commissioners of inspectorates of Services of Industry
and Trade, Services of Agriculture and Rural development are entitled to:
a) Give warnings;
b) Impose fines of up to 25,000,000 VND for violations
pertaining to chemicals; up to 50,000,000 for violations pertaining to fertilizers
and industrial explosives;
c) Suspend the manufacture, sale, or storage of hazardous
chemicals, operation of DOC, DOC/PSF facilites; manufacture, processing, sale
of fertilizers; works with industrial explosives;
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dd) Compel the restoration of the initial condition that has
been changed by the unlawful work with industrial explosives;
e) Suspend the License to manufacture or sell restricted
chemicals;
g) Compell the destruction of hazardous chemicals and
fertilizers; compel the verification of fertilizer experiment results.
3. Chief Inspector of the Ministry of Industry and
Trade, Chief Inspector of the Ministry of Agriculture and Rural Development,
the Director of Vietnam Chemicals Agency, the Director of the Director of the
Industrial Safety Techniques and Environment Agency affiliated to the Ministry
of Industry and Trade; the Director of Department of Crop Production affiliated
to the Ministry of Agriculture and Rural Development are entitled to:
a) Give warnings;
b) Impose fines of up to 50,000,000 VND for violations
pertaining to chemicals; up to 100,000,000 for violations pertaining to
fertilizers and industrial explosives;
c) Suspend licenses to manufacture or sell restricted
chemicals and licenses to export/import Schedule chemicals; suspend the
manufacture or sale of Schedule chemicals. Suspend the manufacture, processing,
and sale of fertilizers. Suspend licenses to use industrial explosives or
suspend the work with industrial explosives;
d) Confiscate the fertilziers of which the origins are not
proven; confiscate illegal items and instruments for working with industrial
explosives;
dd) Compel the restoration of the initial condition that has
been changed by the unlawful work with industrial explosives;
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g) Compel the elimination of threats to safety caused by
unlawful works with industrial explosives;
h) Compel the move of industrial explosives in national
storage to proper storage of places;
i) Compel the removal from Vietnam or re-export according to
Article 28 of the Law on Penalties for administrative violations.
Article 40. The power to impose
penalties of other forces
1. The police
a) Police officers on duty are entitled to impose fines of up to 500,000 VND for violations pertaining to
chemicals;
b) Leaders of police squad on duty are entitled to impose fines of up to 1,500,000
VND for violations pertaining to chemicals, fertilizers
and industrial explosives;
c) Chiefs of police stations of communes, border
checkpoints and export-processing zones are entitled to impose
fines of up to 2,500,000 VND for violations pertaining to
chemicals, fertilizers and industrial explosives;
d) Chiefs of Police Stations of districts; chiefs of departments of
provincial police stations (including Social Order Police Department, Rail and Road
Traffic Police Department, Waterway Police Department, Law Enforcement
Department, Fire Safety and Rescue Department, Fire Departments of districts
affiliated to Fire Safety Services are entitled to: give warnings, impose fines
of up to 10,000,000 VND for violations pertaining to
chemicals, up to 20,000,000 VND for violations pertaining
to fertilizers and industrial explosives.
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dd) Directors of Police Headquarters and Fire Safety
Services are entitled to: give warnings; impose fines of up to
25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 VND
for violations pertaining to fertilizers and industrial
explosives;
Suspend the manufacture, sale, storage of hazardous chemicals, operation
of DOC, DOC/PSF facilities; the manufacture, processing, sale of fertilizers;
works with industrial explosives. Confiscate the fertilziers of
which the origins are not proven; confiscate illegal items and instruments for
working with industrial explosives, the value of which does not exceed
50,000,000 VND; Compel the restoration of the initial
condition that has been changed by the unlawful work with industrial
explosives; Suspend the License to manufacture or sell restricted
chemicals; compel the destruction of hazardous chemicals and
fertilizers; compel the verification of fertilizer experiment results;
e) The Director of Social Order Police Department, the
Director of Road Traffic Police Department, the Director of Waterway Police
Department, the Director of Fire Safety and Rescue Department are
entitled to: give warnings, impose fines of up to 50,000,000 VND for violations
pertaining to chemicals; up to 100,000,000 VND for
violations pertaining to fertilizers and industrial explosives.
Suspend licenses to manufacture or sell restricted chemicals
and licenses to export/import Schedule chemicals; suspend the manufacture or
sale of Schedule chemicals. Suspend the manufacture, processing, and sale of
fertilizers. Suspend licenses to use industrial explosives or suspend the work
with industrial explosives. Confiscate the fertilziers of
which the origins are not proven; confiscate illegal items and instruments for
working with industrial explosives. Compel
the restoration of the initial condition that has been changed by the unlawful
work with industrial explosives; Compel
the dismantlement of constructions that are illegal or violate the regulations
on work with industrial explosives;
compel the elimination of threats to safety caused by the administrative
violations during the work with industrial explosives. Compel the move of industrial explosives in national
storage to proper storage of places. Compel the removal from Vietnam or re-export
according to Article 28 of the Law on Penalties for administrative violations.
2. The customs
a) Directors of Sub-departments of Customs, Directors of Sub-departments
of Post-Clearance Inspection, leaders of control teams of Customs Departments
of provinces, leaders of smuggling prevention teams, leaders of customs
procedure teams, captains of sea patrol squadrons, leaders of IPR protection
teams affiliated to Smuggling Investigation Department of the General
Department of Customs are entitled to: impose fines of up to 10,000,000
VND for violations pertaining to chemicals, up to 20,000,000
VND for violations pertaining to fertilizers and industrial explosives.
Suspend the manufacture, sale, and storage of chemicals and
fertilizers. Compel the destruction of hazardous
chemicals. Suspend the licenses to manufacture or sell restricted
chemicals; suspend licenses to transport industrial explosives and explosive
precursors; confiscate illegal instruments of which the value does not exceed
20,000,000 VND;
b) The Director of the Smuggling Investigation
Department, Director of the Post-clearance Inspection Department, Directors of
Customs Departments of provinces are entitled to: Impose fines of
up to 25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 VND
for violations pertaining to fertilizers and industrial
explosives.
Suspend the manufacture, sale, storage of hazardous
chemicals, operation of DOC, DOC/PSF facilities; the manufacture, processing,
sale of fertilizers; works with industrial explosives. Confiscate the
fertilziers of which the origins are not proven; confiscate illegal items and
instruments for working with industrial explosives, the value of which does not
exceed 50,000,000 VND; Compel the restoration of the
initial condition that has been changed by the unlawful work with industrial
explosives; Suspend the License to manufacture or sell restricted
chemicals; compel the destruction of hazardous chemicals and fertilizers;
compel the verification of fertilizer experiment results;
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Impose fines of up to 50,000,000 VND for violations
pertaining to chemicals; up to 100,000,000 for violations pertaining to
fertilizers and industrial explosives.
Suspend licenses to manufacture or sell restricted chemicals
and licenses to export/import Schedule chemicals; suspend the manufacture or
sale of Schedule chemicals. Suspend the manufacture, processing, and sale of
fertilizers. Suspend licenses to use industrial explosives or suspend the work
with industrial explosives. Confiscate the fertilziers of which the origins are
not proven; confiscate illegal items and instruments for working with
industrial explosives. Compel the restoration of the
initial condition that has been changed by the unlawful work with industrial
explosives; Compel the dismantlement of
constructions that are illegal or violate the regulations on work with
industrial explosives; compel the elimination of threats to safety caused by
the administrative violations during the work with industrial explosives.
Compel the move of industrial explosives in national
storage to proper storage of places. Compel
the removal from Vietnam or re-export according to Article 28 of the Law on
Penalties for administrative violations.
Article 41. Management of
illegal items and instruments
1. The procedure for confiscating illegal items and
instruments is specified in Article 81 of the Law on Penalties for
administrative violations No. 15/2012/QH13 dated June 20,
2012.
2. Illegal industrial explosives confiscated must be
given to a specialized authority in charge of industrial explosives according
to Article 82 of the Law on Penalties for administrative violations No. 15/2012/QH13 dated June 20, 2012.
3. The transport, delivery, and preservation of
confiscated industrial explosives must conform to current standards and
regulations on industrial explosives. If no warehouse for preserving industrial
explosives separately is available, an organization that has a proper warehouse
shall be appointed to preserve confiscated industrial explosives.
4. Do not sell confiscated industrial explosives at
auction; the authority in charge of industrial explosives shall valuate and sell
confiscated industrial explosives to the organizations licensed to sell
industrial explosives. The organizations licensed to sell industrial explosives
must buy such confiscated industrial explosives.
5. The confiscated industrial
explosives that are degraded must be destroyed. A destruction council
composed of representatives of relevant agencies shall be established.
Confiscated industrial explosives shall be destroyed in accordance with current standards and regulations on industrial explosives.
6. The costs of preservation, transport,
verification, and settlement of confiscated items and instruments that are
degraded are specified in Article 82 of the Law on Penalties for administrative
violations.
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1. The persons below are entitled to make records:
a) The persons entitled to impose penalties for administrative violations
pertaining to chemicals, fertilizers and industrial explosives;
b) Officials, civil servants, police officers on duty.
2. The persons mentioned in Clause 1 of this are
entitled to make records on the administrative violations under their control,
and take responsibility for such records.
3. Only one record shall be made
for a violation.
4. If an organization or individual commits multiple
administrative violations or recommit a violation, the record must enumerate
all violations or specify the number of recurred violations.
Chapter 6.
IMPLEMENTATION
Article 43. Effect
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2. This Decree supersedes:
a) The Government's Decree No. 90/2009/ND-CP dated October 20, 2009 on penalties for
administrative violations pertaining to chemicals;
b) The Government's Decree No. 15/2010/ND-CP dated March 01, 2010 on penalties for
administrative violations pertaining to manufacture and sale of
fertilizers;
c) Section 2 Chapter V of the Government's Decree No. 100/2005/ND-CP dated August 03, 2005 on implementation of Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction;
d) The Government's Decree No. 64/2005/ND-CP dated May 16, 2005 on penalties for
administrative violations pertaining to management of industrial
explosives.
Article 44. Transition
1. The Decree No. 90/2009/ND-CP, the Decree No. 15/2010/ND-CP, and Section 2 Chapter V of the Decree No. 100/2005/ND-CP still apply administrative violations pertaining to
chemicals, fertilizers and industrial explosives that are committed before this
Decree takes effect but discovered afterwards, or are still under examination,
except for the cases in which the regulations in this Decree are advantageous
to the violators.
2. The Decree No. 90/2009/ND-CP, the
Decree No. 15/2010/ND-CP, and Section 2 Chapter V of the
Decree No. 100/2005/ND-CP still apply administrative
violations pertaining to chemicals, fertilizers and industrial explosives that
are committed before this Decree takes effect but discovered afterwards, or are
still under examination, except for the cases in which the regulations in this
Decree are advantegeous to the violators.
Article 45. Responsibility
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FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung