THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 33/2017/ND-CP
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Hanoi, April 03,
2017
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAISNT REGULATIONS ON WATER AND MINERAL
RESOURCES
Pursuant to the Law on the Organization of the
Government dated June 19, 2015;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on water resources dated
June 21, 2012;
Pursuant to the Law on minerals dated November
17, 2010;
At the request of Minister of Natural Resources
and Environment;
The Government promulgates a Decree on penalties
for administrative violations against regulations on water and mineral
resources.
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures against administrative violations, the power to impose
penalties against administrative violations and the power to make records of
administrative violations against regulations on water and mineral resources.
2. Administrative violations against regulations on
water resources prescribed in this Decree include: Violations against
regulations on survey, planning, exploration, extraction and use of water
resources; violations against regulations on reservoirs and operation of
reservoirs; violations against regulations on water resource protection;
violations against regulations on prevention, combat against and overcoming of
adverse impacts by water; violations against regulations on taking community
opinion; and other violations against regulations on water resource management,
which are specified in Chapter II of this Decree.
3. Administrative violations against regulations on
mineral resources prescribed in this Decree include: Violations against
regulations on mineral exploration and mining; violations against regulations
on auction of mineral rights; violations against regulations on use of figures
and results of geological surveys of mineral, and mineral exploration;
regulations on regulations on rights and benefits of local government and
people at the place where minerals are extracted; violations against
regulations on protection of minerals which are not yet extracted; violations
against regulations on mine safety techniques and other violations in the field
of mineral resources, which are specified in Chapter III of this Decree.
4. Other administrative violations against
regulations on water and mineral resources which are not prescribed in this
Decree shall be handled in accordance with regulations of other relevant
Government's decrees on penalties for administrative violations against
regulations on state management.
Article 2. Penalties and
remedial measures against administrative violations
1. Principal penalties:
Any organizational/individual entities that commit
administrative violations against regulations on water and mineral resources
shall be liable to any of the following principal penalties:
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b) A fine
The maximum fine for a violation against
regulations on water resources incurred by an individual is VND 250,000,000;
that incurred by an organization is VND 500,000,000. The maximum fine for a
violation against regulations on mineral resources incurred by an individual is
VND 1,000,000,000; that incurred by an organization is VND 2,000,000,000;
c) Suspend the mineral exploration license or the
mineral extraction license for 01 – 12 months.
2. Additional penalties:
An entity committing administrative violation may,
subject to the nature and severity of the violation, face one or several
additional penalties mentioned below:
a) Suspend the license to explore, extract and use
water resources, the license to discharge wastewater into water bodies; the
license for groundwater drilling; the mineral exploration license or the
mineral extraction license for 01 – 24 months;
b) Suspend the formulation and/or performance of
water resources projects/schemes; suspend the exploration or extraction of
water/ mineral resources for 01 – 12 months;
c) Confiscate the exhibits and/or specimens which
are minerals, and instrumentalities of administrative violations.
Additional penalties shall be only applied in
association with principal penalties.
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In addition to principal and additional penalties,
an entity that commits administrative violations may be liable to one or some
remedial measures mentioned below:
b) Enforced implementation of remedial measures to
combat environmental pollution, degradation and depletion of water resources;
enforced reduction of droughts, floods and water scarcity; enforced filling and
sealing of boreholes and implementation of measures to preserve minerals which
are not yet extracted, and measures for environmental restoration of mining
areas;
b) Enforced resolution and control of land
subsidence or other problems;
c) Enforced compliance with reservoir operation
procedures; enforced implementation of measures to lower the water level of
reservoir to the water level before flood; measures to control flood at
downstream areas; measures to ensure annual low-water flow after performance of
works; measures to maintain the minimum water level in reservoir in dry season;
and measures to deal with the water shortage at downstream areas of reservoirs;
d) Enforced compensation for damage if acts of
violation cause floods influencing on production and daily activities of
residents at downstream areas of reservoir;
dd) Enforced implementation of measures for land
and environmental restoration;
e) Enforced leveling of exploration works;
implementation of measures to preserve minerals which are not yet extracted,
environmental restoration measures, and transfer of mineral specimens and its
related information to mineral authorities;
g) Enforced leveling of exploration works and the
environmental restoration at exploration area beyond the licensed exploration
area; enforced restoration of environment at the exploration area; enforced
performance of leveling, environmental remediation and restoration activities;
h) Enforced implementation of measures to bring
mining areas beyond the licensed mining area to safe status; enforced
restoration of land in conformity with mine closure project approved by
competent authority;
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k) Enforced implementation of remedial measures to
deal with the environmental pollution and/or infrastructure damage caused by
the mining in excess of permitted mining output;
l) Enforced implementation of remedial measures to deal
with infrastructure damage; enforced upgrading, repair and maintenance, and
construction of roads;
m) Enforced restoration of initial state which has
been changed due to acts of violation;
n) Enforced transfer of mineral specimens and
mineral-related information to mineral authorities;
o) Enforced leveling or demolition of illegally
built works; enforced demolition or relocation of obstacles to flows; enforced
movement of machinery, equipment and/or assets to out of the mineral
exploration/mining areas;
p) Enforced correction of untrue information/data
because of acts of violation;
q) Enforced transfer of illegal benefits obtained
from administrative violations; enforced payment of fees for using
mineral-related information as notified by regulatory authorities, and penalty
for late payment of fees to state budget.
Article 3. Imposing fines for
administrative violations
1. The fine for each of administrative violations
prescribed in Chapter II and Chapter III herein is imposed on individual,
except for regulations in point d Clause 2 Article 34 herein. The fine imposed
on an administrative violation committed by a household business shall be equal
to that imposed on an individual for the same violation. The fine incurred by
an organization is twice as much as that incurred by an individual for the same
administrative violation.
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Chapter II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCES, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON PLANNING, BASELINE
SURVEYS, EXPLORATION, EXTRACTION AND USE OF WATER RESOURCES, AND GROUNDWATER
DRILLING PRACTICE
Article 4. Violations against
regulations on capacity requirements for implementing baseline survey
project/scheme, or providing advice on formulation of water resources plan
1. A warning or a fine ranging from VND 100,000 to
VND 500,000 shall be imposed for failure to provide sufficient information as
required after being selected to implement a baseline survey project/scheme, or
provide advice on formulation of water resources plan.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to send notification to regulatory
authorities as regulated after being selected to implement a baseline survey
project/scheme, or provide advice on formulation of water resource plan.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on the person in charge of techniques of a baseline
survey project/scheme or providing advice on the formulation of water resource
plan if he/she takes charge of techniques of 03 baseline survey
projects/schemes or more, or provides advice on the formulation of 04 water
resource plans or more at the same time.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for providing untrue information in the capacity
profile for formulating schemes/reports in course of implementation of a
baseline survey project/scheme, or for providing advice on formulation of water
resource plan.
5. Additional penalties:
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Article 5. Violations against
regulations on capacity requirements for formulating schemes/reports in
application for water license
1. A warning or a fine ranging from VND 100,000 to
VND 500,000 shall be imposed for failure to provide sufficient information as
required after being selected to formulate schemes/reports in application for
water license.
2. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for failure to send notification to regulatory
authorities as regulated after being selected to formulate schemes/reports in
application for water license.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) The person in charge of technical aspect of the
scheme/report participates in the formulation of 04 schemes/reports or more at
the same time; or
b) An independent consultant participates in the
formulation of 02 schemes/reports or more at the same time.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for providing untrue information in the capacity
profile for formulating schemes/reports in application for water license.
5. Additional penalties:
Suspend the formulation of schemes/reports in
application for water license for 01 – 06 months if the violation prescribed in
Clause 4 of this Article is committed.
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to submit reports on water resources
monitoring and observation to regulatory authorities as regulated.
2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to retain monitoring figures/ data as
regulated; or
b) Failure to conduct monitoring of less than 25%
of monitored parameters as regulated.
3. A fine ranging from 20,000,000 to 25,000,000 for
failure to conduct monitoring of from 25% to less than 50% of monitored
parameters as regulated.
4. A fine ranging from 25,000,000 to 30,000,000 for
failure to conduct monitoring of from 50% to less than 75% of monitored
parameters as regulated.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Failure to conduct monitoring of 75% of
monitored parameters or more as regulated; or
b) Failure to install monitoring equipment as
regulated; or
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d) Failure to comply with monitoring period as
regulated; or
dd) Failure to conduct monitoring activities at
regulated locations; or
e) Failure to connect and transmit monitoring and
observation data to regulatory authorities as regulated.
6. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Failure to conduct monitoring and observation of
water resources in course of water extraction and use, and discharge of
wastewater into water bodies as regulated; or
b) Falsifying water resources monitoring and
observation figures.
7. Additional penalties:
Suspend the water extraction, water use or
discharge of wastewater into water bodies for 01 - 03 months if any of the
violations prescribed in Clause 5 and Clause 6 of this Article is committed.
Article 7. Exploration,
extraction and use of water resources without registration or license as
regulated
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2. Fines shall be imposed for failure to obtain a
license when conducting groundwater exploration activities. To be specific:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for failure to obtain a license to conduct
groundwater exploration for serving the drilling of 01 borehole;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to obtain a license to conduct
groundwater exploration for serving the drilling of 02 boreholes;
c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to obtain a license to conduct
groundwater exploration for serving the drilling of 03 boreholes;
d) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to obtain a license to conduct
groundwater exploration for serving the drilling of 04 boreholes;
dd) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to obtain a license to conduct
groundwater exploration for serving the drilling of 05 boreholes or more.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for extracting and using groundwater for production
and business activities, and service provision with a volume between 10 m3/24
hours and 30 m3/24 hours.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 30 m3/24
hours to under 50 m3/24 hours;
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c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume between
100 m3/24 hours and 1,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity between 50 kW and 500 kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume between 10,000
m3/24 hours and 30,000 m3/24 hours.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 50 m3/24
hours to under 100 m3/24 hours;
b) Extraction and use of surface water for
agricultural production and aquaculture with a volume from 0.2 m3/second
to under 0.3 m3/second;
c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
1,000 m3/24 hours to under 2,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity from 500 kW to less than 1,000
kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
30,000 m3/24 hours to under 50,000 m3/24 hours.
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a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 100 m3/24
hours to under 200 m3/24 hours;
b) Extraction and use of surface water for
agricultural production and aquaculture with a volume from 0.3 m3/second
to under 0.5 m3/second;
c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
2,000 m3/24 hours to under 3,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity from 1,000 kW to less than 2,000
kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
50,000 m3/24 hours to under 100,000 m3/24 hours.
7. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 200 m3/24
hours to under 400 m3/24 hours;
b) Extraction and use of surface water for
agricultural production and aquaculture with a volume from 0.5 m3/second
to less than 1 m3/second;
c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from 3,000
m3/24 hours to under 10,000 m3/24 hours;
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dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
100,000 m3/24 hours to under 200,000 m3/24 hours.
8. A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 400 m3/24
hours to under 800 m3/24 hours;
b) Extraction and use of surface water for
agricultural production and aquaculture with a volume from 1 m3/second
to less than 1.5 m3/second;
c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
10,000 m3/24 hours to under 20,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity from 5,000 kW to less than 7,000
kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
200,000 m3/24 hours to under 300,000 m3/24 hours.
9. A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 800 m3/24
hours to under 1,000 m3/24 hours;
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c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
20,000 m3/24 hours to under 50,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity from 7,000 kW to less than
10,000 kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
300,000 m3/24 hours to under 400,000 m3/24 hours.
10. A fine ranging from VND 110,000,000 to VND
140,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 1,000 m3/24
hours to under 1,500 m3/24 hours;
b) Extraction and use of surface water for
agricultural production and aquaculture with a volume of 2 m3/second
or more;
c) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
50,000 m3/24 hours to under 100,000 m3/24 hours;
d) Extraction and use of surface water for
generation of electricity with engine capacity from 10,000 kW to less than
20,000 kW;
dd) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
400,000 m3/24 hours to under 500,000 m3/24 hours.
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a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 1,500 m3/24
hours to under 3,000 m3/24 hours;
b) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
100,000 m3/24 hours to under 200,000 m3/24 hours;
c) Extraction and use of surface water for
generation of electricity with engine capacity from 20,000 kW to less than
30,000 kW;
d) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
500,000 m3/24 hours to under 700,000 m3/24 hours.
12. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 3,000 m3/24
hours to under 5,000 m3/24 hours;
b) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
200,000 m3/24 hours to under 300,000 m3/24 hours;
c) Extraction and use of surface water for
generation of electricity with engine capacity from 30,000 kW to less than
40,000 kW;
d) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from
700,000 m3/24 hours to under 1,000,000 m3/24 hours.
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a) Extraction and use of groundwater for production
and business activities, and service provision with a volume from 5,000 m3/24
hours to under 12,000 m3/24 hours;
b) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume from
300,000 m3/24 hours to under 800,000 m3/24 hours;
c) Extraction and use of surface water for
generation of electricity with engine capacity from 40,000 kW to less than
50,000 kW;
d) Extraction and use of sea water for production
and business activities, and service provision in land with a volume from 1,000,000
m3/24 hours to under 2,000,000 m3/24 hours.
14. A fine ranging from VND 230,000,000 to VND
250,000,000 shall be imposed for failure to obtain license to conduct the
following water extraction and using activities:
a) Extraction and use of groundwater for production
and business activities, and service provision with a volume of 12,000 m3/24
hours or more;
b) Extraction and use of surface water for business
activities, service provision and non-farming production with a volume of
800,000 m3/24 hours or more;
c) Extraction and use of surface water for
generation of electricity with engine capacity of 50,000 kW or more;
d) Extraction and use of sea water for production
and business activities, and service provision in land with a volume of 2,000,000
m3/24 hours or more.
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16. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in this Article;
b) Enforced implementation of remedial measures to
combat the environmental pollution, degradation or depletion of water resources
if any of violations prescribed in this Article causes the pollution and/or
degradation of water quality and quantity.
Article 8. Violations against
regulations in license for exploration, extraction and use of water resources
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failure to submit reports on water exploration,
extraction and use to regulatory authorities as regulated by law.
2. A fine ranging from VND 2,000,000 to VND 4,000,000
shall be imposed for failure to provide sufficient and accurate
data/information about water resources at areas where water exploration,
extraction and use activities are performed to regulatory authorities as
requested.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to provide explanation to the licensing
authority if the amount of water actually extracted by the license holder is
smaller than 70% of the licensed amount within a period of 12 consecutive
months.
4. If the amount of water extracted/ used exceeds
the licensed amount, fines prescribed in Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13 and 14 Article 7 herein shall be imposed for exceeding amount of water
extracted/used.
5. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
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b) Extracting and using water resources
inconsistently with provisions in the license;
c) Extracting and using water resources at
locations/ co-ordinates other than those specified in the license;
d) Extracting and using surface water of water
sources other than the licensed ones;
dd) Extracting and using groundwater at aquifers
other than the licensed ones;
e) Implementing groundwater exploration items with
a volume exceeding 10% of the approved volume.
6. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to implement measures to ensure safety, prevention
and remedy against negative incidents occurred in course of water exploration,
extraction and use;
b) Failure to maintain minimum flows as regulated
in the license when extracting and using surface water, except for the case
prescribed in Point a Clause 7 Article 11 herein;
c) Extracting and using groundwater with the
pumping water level larger than the licensed pumping water level as regulated.
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8. Additional penalties:
Suspend the water exploration/ extraction/ use
license for 01 - 03 months if any of the violations prescribed in Clauses 3, 4,
5 and 6 of this Article is committed.
9. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in this Article;
b) Enforced implementation of remedial measures to
combat the pollution, degradation or depletion of water resources if any of violations
prescribed in Clauses 5 and 6 of this Article causes the pollution and/or
degradation of water quality and quantity.
Article 9. Violations against
regulations on groundwater drilling practice
1. A warning or a fine ranging from VND 100,000 to VND
500,000 shall be imposed for failure to carry out the registration as regulated
in case the groundwater drilling requires registration.
2. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for any of the following violations:
a) Failure to submit annual consolidated report on
groundwater drilling works as regulated;
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c) Failure to send written notification to
regulatory authority if there is change in person in charge of techniques,
registered business sectors or assigned takes as regulated.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of following violations against regulations
on drilling practice for the drilling work with the casing diameter smaller
than 110 mm and the flow of not exceeding 200 m3/24 hours:
a) Lending or letting out the license;
b) Practicing groundwater drilling without the
license;
c) Practicing groundwater drilling when having a
license expired, except for the case where the application for license renewal
has been submitted as regulated.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Failure to comply with approved procedures and
technical design when constructing borehole;
b) Failure to comply with technical procedure for
borehole filling and sealing as regulated;
c) Using wastewater, dirty water, or water
contaminated with oil, toxic chemicals or additives containing pollutants as
drilling fluids or to mix with drilling fluids to pour into boreholes;
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dd) Failure to comply with the drilling scale
specified in the groundwater drilling license;
e) Providing exploration and/or exploitation
drilling services to entities failure to obtain water exploration, extraction
and use licenses as regulated.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of following violations against regulations
on groundwater drilling practice for the drilling work with the casing diameter
of under 250 mm and the flow ranging from 200 m3/24 hours to under
3,000 m3/24 hours:
a) Lending or letting out the license;
b) Practicing groundwater drilling without the
license;
c) Practicing groundwater drilling when having a
license expired, except for the case where the application for license renewal
has been submitted as regulated.
6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations against
regulations on groundwater drilling practice for drilling work with a scale
other than that prescribed in Clause 2 and Clause 5 of this Article:
a) Lending or letting out the license;
b) Practicing groundwater drilling without the
license;
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7. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for any of the following violations:
a) Maintain drilling activities when such drilling
activities cause land subsidence or other problems which cause adverse impacts
on construction works and the life of residents in the area where drilling
activities are conducted;
b) Failure to combat or monitor the land subsidence
or other problems which cause adverse impacts on construction works and the
life of residents in the area where drilling activities are conducted.
8. Additional penalties:
a) Suspend groundwater drilling license for 03 - 06
months if any of the violations prescribed in Point a Clause 3, Point a Clause
4, Point a Clause 5 and Point a Clause 6 of this Article is committed;
b) Suspend the groundwater exploration drilling for
03 – 06 months if the violation prescribed in Point e Clause 4 of this Article
is committed.
9. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in Clauses 3, 4, 5 and 6 this
Article;
b) Enforced implementation of remedial measures to
combat the pollution, degradation or depletion of water resources if any of
violations prescribed in Points b, c Clause 3, Points b, c Clause 5, Points b,
c Clause 6 and Clause 7 of this Article causes the pollution and/or degradation
of water quality and quantity;
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Article 10. Violations against
regulations on transfer of right to extract water and falsification of water
license
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the falsification of water license.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for transfer of right to extract water without the
consent given by the licensing authority.
3. Additional penalties:
a) Suspend the water license for 03 - 06 months if
any of the violation prescribed in Clause 1 of this Article is committed;
b) Suspend the water license for 06 - 12 months if
any of the violation prescribed in Clause 2 of this Article is committed.
4. Remedial measures:
Enforced transfer of illegal benefits obtained from
administrative violations prescribed in this Article.
Article 11. Violations against
regulations on reservoirs
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2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations in case the
reservoir capacity is less than 1,000,000 m3:
a) Using the surface area of the reservoir for
aquaculture or provision of tourism and/or entertainment services without the
written approval by the competent water resources authority; or
b) Failure to submit reports on operation of works
as regulated.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Committing any of the violations prescribed in
Clause 2 of this Article in respect of a reservoir with a capacity ranging from
1,000,000 m3 to under 10,000,000 m3; or
b) Failure to formulate the plan for planting of
reservoir protection corridor markers in case where markers are not available.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Committing any of the violations prescribed in
Clause 2 of this Article in respect of a reservoir with a capacity ranging from
10,000,000 m3 to under 50,000,000 m3; or
b) Failure to conduct or comply with procedure for
monitoring and observation of minimum flows as regulated; or
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5. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the violations prescribed in Clause 2 of
this Article in respect of a reservoir with a capacity ranging from 50,000,000
m3 to under 100,000,000 m3.
6. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for any of the violations prescribed in Clause 2 of
this Article in respect of a reservoir with a capacity of 100,000,000 m3
or more.
7. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for any of the following violations:
a) Failure to maintain the minimum flows as
regulated;
b) Failure to properly implement the annual plan
for regulating water stored in reservoir;
c) Failure to conduct the meteorological and hydrological
monitoring, and estimation of the water volume into the reservoir to serve its
operation;
d) Failure to formulate plans for prevention of
flooding, drought and water shortage for downstream areas;
dd) Failure to provide warnings and notifications
of reservoir water release;
e) Failure to maintain the water levels as
regulated in flood season according to the reservoir operation procedure
approved by a competent authority;
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8. A fine ranging from VND 200,000,000 to VND
220,000,000 shall be imposed for any of the following violations:
a) Failure to formulate plan for dealing with dam
failures and other incidents seriously threatening the safety of works, life
and property of residents in downstream area of the reservoir;
b) Failure to formulate the annual plan for
regulating water stored in reservoir;
c) Releasing water with a volume in excess of that
regulated in the reservoir operation procedure during the wet season.
9. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for any of the following violations:
a) Failure to comply with reservoir operating
orders of regulatory authorities in case of floods, droughts, water scarcity
and other emergency cases;
b) Failure to comply with procedure for operating
sluice gates of water release works as regulated;
c) Failure to properly implement the plans/schemes
for regulating and distributing water sources in river basins of regulatory
authorities;
d) Committing any of the violations prescribed in
Point g Clause 7 and Point c Clause 8 of this Article resulting in unexpected
flash floods that cause adverse impacts on production and life of residents in
downstream areas of reservoirs.
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a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in Clauses 7 and 8 of this Article;
b) Enforced implementation of remedial measures to
tackle effects of droughts, floods or water shortage if any of the violations
prescribed in Point g Clause 7, Point c Clause 8 and Clause 9 of this Article
is committed resulting in unexpected flash floods that cause adverse impacts on
production and life of residents in downstream areas of reservoirs.
Section 2. VIOLATIONS AGAINST REGULATIONS ON INTER-RESERVOIR OPERATION
PROCEDURE
Article 12. Violations against
regulations on monitoring, forecast and provision of information/figures as
regulated in inter-reservoir operation procedure
1. Fines shall be imposed for violations against
regulations on information/figure provisions. To be specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to comply with methods of providing
information/figures as regulated;
b) A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to provide information/figures within regulated
time-limits;
c) A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed on the agency/unit that is obliged to provide
information/figures for failure to provide accurate and sufficient
information/figures as regulated;
d) A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for failure to provide accurate and sufficient
information/figures as regulated;
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2. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to properly implement monitoring and
forecast guidelines in normal weather conditions in flood season. To be
specific:
a) Failure to properly implement the monitoring and
forecast of reservoir's water levels, the volume of water flowing into
reservoir, spillway overflow rate, flow through plant and the intake flow rate
within regulated periods; or
b) Failure to properly provide regulated contents
of forecast news.
3. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for failure to properly implement monitoring and forecast
guidelines in dry season. To be specific:
a) Failure to properly implement the monitoring of
the volume of water flowing into reservoir, spillway overflow rate, flow
through plant, intake flow rate, upstream and downstream water levels within
regulated periods; or
b) Failure to properly provide regulated contents
of forecast news.
4. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for failure to conduct monitoring and forecast
operations as regulated in normal weather conditions in flood season. To be
specific:
a) Failure to conduct the monitoring and forecast
of reservoir's water levels, the volume of water flowing into reservoir,
spillway overflow rate, flow through plant and the intake flow rate as
regulated; or
b) Failure to provide reservoir flood forecasting
news as regulated.
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a) Failure to conduct the monitoring of the volume
of water flowing into reservoir, spillway overflow rate, water flow through
plant, intake flow rate, upstream and downstream water levels as regulated; or
b) Failure to provide forecast of the volume of
water flowing into reservoir as regulated;
c) Failure to formulate and submit reports on plan
for supplying water for downstream area to competent authorities as regulated;
d) Failure to propose and report to competent
authorities on plans for regulation of water sources for downstream areas in
case of incidents, droughts or water shortage that influence on the operation
of reservoirs as regulated.
6. A fine ranging from VND 80,000,000 to VND
90,000,000 shall be imposed for falsification of monitoring and/or forecast
information and figures.
7. The fine for each of the violations prescribed
in Clauses 1, 2 and 4 of this Article shall increase thrice if it may rain and
flood may occur as forecasted.
Article 13. Violations against
regulations on maintaining water levels before flooding in normal weather
conditions as regulated in inter-reservoir operation procedure
1. Fines shall be imposed for violations against
regulations on maintaining water levels before flooding in normal weather
conditions with respect to reservoirs whose capacity in total is under 200
million m3. To be specific:
a) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to properly operate reservoir resulting
in the raising of reservoir’s water level which is higher than the water level
before flood by under 30% of the difference between the normal water level and
the water level before flood;
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c) A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by 60% or more of the difference between the normal
water level and the water level before flood;
d) A fine ranging from VND 110,000,000 to VND
130,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is equal or higher
than the normal water level.
2. Fines shall be imposed for violations against regulations
on maintaining water levels before flooding in normal weather conditions with
respect to reservoirs whose capacity in total is from 200 million m3
to less than 300 million m3. To be specific:
a) A fine ranging from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to properly operate reservoir resulting in the
raising of reservoir’s water level which is higher than the water level before
flood by under 30% of the difference between the normal water level and the
water level before flood;
b) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by from 30% to under 60% of the difference between the
normal water level and the water level before flood;
c) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by 60% or more of the difference between the normal
water level and the water level before flood;
d) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failure to properly operate reservoir resulting
in the raising of reservoir’s water level which is equal or higher than the
normal water level.
3. Fines shall be imposed for violations against
regulations on maintaining water levels before flooding in normal weather
conditions with respect to reservoirs whose capacity in total is from 300
million m3 to less than 500 million m3. To be specific:
a) A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by under 30% of the difference between the normal
water level and the water level before flood;
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c) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by 60% or more of the difference between the normal
water level and the water level before flood;
d) A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is equal or higher
than the normal water level.
4. Fines shall be imposed for violations against
regulations on maintaining water levels before flooding in normal weather
conditions with respect to reservoirs whose capacity in total is 500 million m3
or more. To be specific:
a) A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by under 30% of the difference between the normal water
level and the water level before flood;
b) A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by from 30% to under 60% of the difference between the
normal water level and the water level before flood;
c) A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is higher than the
water level before flood by 60% or more of the difference between the normal
water level and the water level before flood;
d) A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for failure to properly operate reservoir
resulting in the raising of reservoir’s water level which is equal or higher
than the normal water level.
5. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for any of the violations prescribed in Clauses 1,
2, 3 and 4 of this Article if such violation causes flooding which adversely
influence on production and life of residents in downstream area of the
reservoir.
6. Remedial measures:
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b) Enforced implementation of reservoir operating
measures to lower the reservoir’s water level to the water level before flood;
c) Enforced implementation of measures to
compensate for damage caused by any of the violations prescribed in Clause 5 of
this Article.
Article 14. Violations against
regulations on control of flood for downstream area as regulated in
inter-reservoir operation procedure
1. Fines shall be imposed for release of water with
a volume exceeding that collected by the reservoir in course of flood control
for downstream area with respect to reservoirs whose capacity in total is under
200 million m3. To be specific:
a) A fine ranging from VND 140,000,000 to VND
150,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is under 20% of the volume of
water collected by the reservoir;
b) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 20% to under 40% of the
volume of water collected by the reservoir;
c) A fine ranging from VND 160,000,000 to VND
170,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 40% to under 60% of the
volume of water collected by the reservoir;
d) A fine ranging from VND 170,000,000 to VND
180,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 60% to under 80% of the
volume of water collected by the reservoir;
dd) A fine ranging from VND 180,000,000 to VND
190,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is 80% of the volume of water
collected by the reservoir or more.
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a) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is under 20% of the volume of
water collected by the reservoir;
b) A fine ranging from VND 160,000,000 to VND
170,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 20% to under 40% of the
volume of water collected by the reservoir;
c) A fine ranging from VND 170,000,000 to VND
180,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 40% to under 60% of the
volume of water collected by the reservoir;
d) A fine ranging from VND 180,000,000 to VND
190,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 60% to under 80% of the
volume of water collected by the reservoir;
dd) A fine ranging from VND 190,000,000 to VND
200,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is 80% of the volume of water
collected by the reservoir or more.
3. Fines shall be imposed for release of water with
a volume exceeding that collected by the reservoir in course of flood control
for downstream area with respect to reservoirs whose capacity in total is from
300 million m3 to less than 500 million m3. To be
specific:
a) A fine ranging from VND 160,000,000 to VND
170,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is under 20% of the volume of
water collected by the reservoir;
b) A fine ranging from VND 170,000,000 to VND
180,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 20% to under 40% of the
volume of water collected by the reservoir;
c) A fine ranging from VND 180,000,000 to VND
190,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 40% to under 60% of the
volume of water collected by the reservoir;
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dd) A fine ranging from VND 200,000,000 to VND
210,000,000 shall be imposed for release of water with a volume exceeding that collected
by reservoir if the exceeding volume is 80% of the volume of water collected by
the reservoir or more.
4. Fines shall be imposed for release of water with
a volume larger than that collected by the reservoir in course of flood control
for downstream area with respect to reservoirs whose capacity in total is 500
million m3 or more. To be specific:
a) A fine ranging from VND 170,000,000 to VND
180,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is under 20% of the volume of
water collected by the reservoir;
b) A fine ranging from VND 180,000,000 to VND
190,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 20% to under 40% of the
volume of water collected by the reservoir;
c) A fine ranging from VND 190,000,000 to VND
200,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 40% to under 60% of the
volume of water collected by the reservoir;
d) A fine ranging from VND 200,000,000 to VND
210,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is from 60% to under 80% of the
volume of water collected by the reservoir;
dd) A fine ranging from VND 210,000,000 to VND
220,000,000 shall be imposed for release of water with a volume exceeding that
collected by reservoir if the exceeding volume is 80% of the volume of water
collected by the reservoir or more.
5. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for any of the following violations:
a) Committing any of the violations prescribed in
this Article resulting in flooding which adversely influence on production and
life of residents in downstream area of the reservoir;
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6. Remedial measures:
a) Enforced implementation of flood control
measures for downstream area;
b) Enforced implementation of measures to
compensate for damage caused by the violation prescribed in Point a Clause 5 of
this Article.
Article 15. Violations against
regulations on lowering of reservoir water level for flood preparedness and
maintaining the highest water level before flood as regulated in
inter-reservoir operation procedure
1. A fine ranging from VND 120,000,000 to VND 140,000,000
shall be imposed for any of the following violations:
a) Failure to properly lower the reservoir’s water
level for flood preparedness when having urgent news of storm, tropical
depression or any other weather event that may cause rain and/or flood;
b) Failure to properly maintain the reservoir’s
highest water level before flood upon the completion of flood control period
for downstream area.
2. A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for failure to release an amount of water equal to
the amount of water coming into the reservoir with the aim of maintaining
current water level of the reservoir upon the completion of the lowering of
reservoir's water level for flood preparedness as regulated while conditions
for floor control for downstream area are not satisfied.
3. Remedial measures:
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b) Enforced implementation of measures to
compensate for and reduce damage caused by any of the violations prescribed in
this Article which cause floods influencing on production and daily activities
of residents in downstream area of reservoir.
Article 16. Violations against
regulations on maintaining annual low-water flow upon the completion of works
as regulated in inter-reservoir operation procedure
1. Fines shall be imposed for release of water with
a volume or total volume smaller than the regulated one with respect to
reservoir whose total storage capacity is under 200 million m3. To
be specific:
a) A fine ranging from VND 110,000,000 to VND
120,000,000 shall be imposed if the volume of released water is 20% smaller
than the regulated one;
b) A fine ranging from VND 120,000,000 to VND
130,000,000 shall be imposed if the volume of released water is from 20% to
less than 50% smaller than the regulated one;
c) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed if the volume of released water is 50%, or more,
smaller than the regulated one;
d) A fine ranging from VND 140,000,000 to VND
150,000,000 shall be imposed for failure to release the required volume or
total volume of water.
2. Fines shall be imposed for release of water with
a volume or total volume smaller than the regulated one with respect to
reservoir whose total storage capacity is from 200 million m3 to
less than 300 million m3. To be specific:
a) A fine ranging from VND 120,000,000 to VND
130,000,000 shall be imposed if the volume of released water is 20% smaller
than the regulated one;
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c) A fine ranging from VND 140,000,000 to VND
150,000,000 shall be imposed if the volume of released water is 50%, or more,
smaller than the regulated one;
d) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed for failure to release the required volume or
total volume of water.
3. Fines shall be imposed for release of water with
a volume or total volume smaller than the regulated one with respect to
reservoir whose total storage capacity is from 300 million m3 to
less than 500 million m3. To be specific:
a) A fine ranging from VND 130,000,000 to VND
140,000,000 shall be imposed if the volume of released water is 20% smaller
than the regulated one;
b) A fine ranging from VND 140,000,000 to VND
150,000,000 shall be imposed if the volume of released water is from 20% to
less than 50% smaller than the regulated one;
c) A fine ranging from VND 150,000,000 to VND
160,000,000 shall be imposed if the volume or total volume of released water is
50%, or more, smaller than the regulated one;
d) A fine ranging from VND 160,000,000 to VND
170,000,000 shall be imposed for failure to release the required volume or
total volume of water.
4. Fines shall be imposed for release of water with
a volume or total volume smaller than the regulated one with respect to
reservoir whose total storage capacity is 500 million m3 or more. To
be specific:
a) A fine ranging from VND 140,000,000 to VND
150,000,000 shall be imposed if the volume of released water is 20% smaller
than the regulated one;
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c) A fine ranging from VND 160,000,000 to VND
170,000,000 shall be imposed if the volume of released water is 50%, or more,
smaller than the regulated one;
d) A fine ranging from VND 170,000,000 to VND
180,000,000 shall be imposed for failure to release the required volume or
total volume of water.
5. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for failure to comply with the regulated volume of
water released resulting in serious water shortage in downstream area.
6. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in this Article;
b) Enforced implementation of measures to maintain
the annual low-water flow upon the completion of works;
c) Enforced implementation of remedial measures to
combat droughts or water shortage if any of the violations prescribed in this
Article is committed resulting in unexpected water shortage in downstream area.
Article 17. Violations against
regulations on maintaining minimum water level of reservoir in dry season as
regulated in inter-reservoir operation procedure
1. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for failure to maintain minimum water levels of
reservoir at corresponding periods, except for the case where the water level
is adjusted under the approval by a competent authority.
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3. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in this Article;
b) Enforced implementation of measures to maintain
the minimum water level of reservoir in dry season;
c) Enforced implementation of remedial measures to
combat the water shortage in downstream area of the reservoir if any of the
violations prescribed in this Article is committed.
Article 18. Violations against
regulations on daily water release period in dry season as regulated in
inter-reservoir operation procedure
1. A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for failure to maintain daily water release period
within a period of less than 5 days.
2. A fine ranging from VND 90,000,000 to VND
110,000,000 shall be imposed for failure to maintain daily water release period
within a period of from 05 days to less than 10 days.
3. A fine ranging from VND 110,000,000 to VND
130,000,000 shall be imposed for failure to maintain daily water release period
within a period of from 10 days to less than 20 days.
4. A fine ranging from VND 130,000,000 to VND
150,000,000 shall be imposed for failure to maintain daily water release period
within a period of from 20 days to less than 30 days.
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6. A fine of from VND 170,000,000 to VND
190,000,000 shall be imposed for failure to maintain daily water release period
within a period of 60 days or more.
7. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed failure to maintain daily water release period
resulting in serious water shortage in downstream area.
8. Remedial measures:
a) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in this Article;
b) Enforced implementation of remedial measures to
combat droughts or water shortage if any of the violations prescribed in this
Article is committed resulting in serious water shortage in downstream area and
serious influence on operation of other reservoirs in the river basin.
Section 3. VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCE PROTECTION
Article 19. Fines for discharge
of wastewater into water bodies without license as regulated
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for discharge of wastewater containing toxic
chemicals and/or radioactive substances into water bodies with a discharged
wastewater volume of less than 5 m3/24 hours.
2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
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b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of between 10,000 m3/24
hours and 30,000 m3/24 hours.
3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of from 50 m3/24 hours to under 100 m3/24
hours, except for the violation prescribed in Point b of this Clause;
b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of from 30,000 m3/24
hours to under 50,000 m3/24 hours.
4. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of from 100 m3/24 hours to under 500 m3/24
hours, except for the violation prescribed in Point b of this Clause;
b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of from 50,000 m3/24
hours to under 70,000 m3/24 hours.
5. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of from 500 m3/24 hours to under 1,000
m3/24 hours, except for the violation prescribed in Point b of this
Clause;
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6. A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of from 1,000 m3/24 hours to under
2,000 m3/24 hours, except for the violation prescribed in Point b of
this Clause;
b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of from 100,000 m3/24
hours to under 150,000 m3/24 hours.
7. A fine ranging from VND 180,000,000 to VND
220,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of from 2,000 m3/24 hours to under
3,000 m3/24 hours, except for the violation prescribed in Point b of
this Clause;
b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of from 150,000 m3/24
hours to under 200,000 m3/24 hours.
8. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for any of the following violations:
a) Discharge of wastewater into water bodies with a
discharged wastewater volume of 3,000 m3/24 hours or more, except
for the violation prescribed in Point b of this Clause;
b) Discharge of aquaculture wastewater into water
bodies with a discharged wastewater volume of 200,000 m3/24 hours or
more.
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10. Fines for discharge of wastewater into water
bodies when having a license expired shall be the same as fines for discharge
of wastewater into water bodies without license as prescribed in Clauses 1, 2 ,
3, 4, 5, 6, 7 and 8 of this Article.
11. Remedial measures:
Enforced implementation of remedial measures to
combat the pollution and/or degradation of water resources if any of violations
prescribed in this Article is committed resulting in the pollution and/or
degradation of water quality and quantity.
Article 20. Violations against
regulations in license to discharge wastewater into water bodies
1. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for any of the following violations:
a) Failure to submit reports on discharge of
wastewater into water bodies to competent authorities as regulated by law;
b) Failure to timely submit report to the licensing
authority and local regulatory authority on the water pollution caused by
discharge of wastewater.
2. A fine ranging from VND 100,000,000 to VND
120,000,000 shall be imposed for any of the following violations:
a) Failure to discharge wastewater at the
locations/ co-ordinates prescribed in the license;
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3. A fine ranging from VND 120,000,000 to VND 130,000,000
shall be imposed for any of the following violations:
a) Failure to comply with design of wastewater
collection system as specified in the license;
b) Failure to properly operate the wastewater
treatment system according to operating procedure specified in the license;
c) Failure to prepare human resource and necessary
equipment and means to cope with the water pollution incidents;
d) Giving permission to other entities to discharge
wastewater into the wastewater collection and treatment system invested and
managed by the license holder inconsistently with regulations in the license.
4. If the discharged wastewater volume exceeds the
licensed one, fines imposed for exceeding volumes shall be the same as fines
for corresponding violations prescribed in Clauses 1, 2, 3, 4, 5, 6, 7 and 8
Article 19 herein.
5. Fines for discharge of wastewater containing
pollutants with concentration in excess of the licensed one into water bodies
shall be governed by regulations on penalties for administrative violations
against regulations on environmental protection.
6. Additional penalties:
Suspend the license to discharge wastewater into
water bodies for 03 - 06 months if any of the violations prescribed in Clauses
2, 3, 4 and 5 of this Article is committed.
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Enforced implementation of remedial measures to
combat the pollution, degradation and/or depletion of water resources if any of
violations prescribed in this Article is committed resulting in the pollution
and/or degradation of water quality and quantity.
Article 21. Violations against
regulations on water resource protection
1. A warning or a fine ranging from VND 100,000 to
VND 500,000 shall be imposed for any of the following violations:
a) Failure to submit reports on borehole filling and
sealing to regulatory authorities as regulated;
b) Failure to timely submit reports on any
irregular events that adversely influence on the water quality and/or
borehole’s water level to regulatory authorities as regulated;
c) Failure to conduct the filling and sealing of
boreholes which are no longer used or are damaged (for each borehole) in case
where license to explore, extract and use of groundwater is not required.
2. A fine ranging from VND 10,000,000 to VND 15,000,000
shall be imposed for any of the following violations:
a) Managing and operating the works in the manner
that causes water loss or water waste;
b) Installing borehole mouth inconsistently with
regulations;
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3. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for any of the following violations:
a) Failure to eliminate irregular occurrences in
water quality and/or water level in borehole which are caused by operating
activities;
b) Failure to conduct the filling and sealing of
boreholes which are no longer used or are damaged (for each borehole) in case
where license to explore, extract and use of groundwater is required.
4. A fine ranging from VND 80,000,000 to VND
90,000,000 shall be imposed for failure to comply with national technical
regulations on safety and prevention of groundwater degradation and depletion
while conducting the extraction of mineral or underground construction.
5. A fine ranging from VND 140,000,000 to VND
160,000,000 shall be imposed for any of the following violations:
a) Failure to build the rainwater collection system
separately from the wastewater collection system while constructing, improving
or upgrading business facility;
b) Failure to build the wastewater treatment system
while constructing, improving or upgrading business facility.
6. A fine ranging from VND 160,000,000 to VND
180,000,000 shall be imposed for discharging wastewater or transporting waste
substances into water intake sanitary protection zones.
7. A fine ranging from VND 180,000,000 to VND
200,000,000 shall be imposed for construction of groundwater extraction works
in region where the groundwater extraction is prohibited.
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9. Additional penalties:
Suspend business activities for 03 – 06 months if
the violation prescribed in Point b Clause 5 of this Article is committed.
10. Remedial measures:
a) Enforced filling and sealing of borehole/well if
the violation prescribed in Point c Clause 1 and Point b Clause 3 of this
Article is committed;
b) Enforced destruction of works if any of the
violations prescribed in Clause 7 and Clause 8 of this Article is committed;
c) Enforced implementation of remedial measures to
combat the pollution and/or degradation of water resources if any of violations
prescribed in this Article is committed resulting in the pollution and/or
degradation of water quality and quantity;
d) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in Clause 8 of this Article.
Article 22. Violations against
regulations on prevention and control of pollution, degradation and depletion
of water resources
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to implement measures to prevent leaks
or spillage of wastewater storage pond, lake or container if the stored
wastewater does not contain hazardous waste.
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3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failure to formulate plans for prevention and
control of pollution, degradation and depletion of water resources while
building economic zone, industrial zone, export processing zone, high-tech
zone, concentration of industrial parks, urban area, residential area,
concentration of tourist, entertainment and relaxation areas, waterway routes,
highways, underground works, water supply and drainage systems, mining works,
power plant, wastewater storage zone, and other businesses, service providing
facilities and works that are prone to pose risk of pollution, degradation and
depletion of water resources;
b) Failure to formulate plan or prepare equipment
and human resources to prevent and reduce sea water pollution when carrying out
activities at sea.
4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for any of the following violations:
a) Failure to implement measures to ensure safety
and prevent leaks or loss resulting in pollution of water sources of
businesses, service providers, mining facilities and other production
activities with the use of toxic chemicals;
b) Failure to implement measures to prevent leaks
or spillage of pond, lake or zone storing wastewater that contain hazardous
waste.
5. A fine ranging from VND 200,000,000 to VND
220,000,000 shall be imposed for any of the following violations:
a) Pumping water and draining in mining or
construction resulting in decrease of underground water levels and water
depletion;
b) Failure to apply remedial measures as instructed
by water resources authorities when pumping water and draining in mining or
construction resulting in decrease of underground water levels and water
depletion.
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7. Additional penalties:
Suspend business activities for 01 – 03 months if
the violation prescribed in Point b Clause 4 of this Article is committed.
8. Remedial measures:
Enforced implementation of remedial measures to
combat the pollution, degradation and depletion of water resources if any of
violations prescribed in this Article is committed resulting in the pollution
and/or degradation of water quality and quantity.
Article 23. Violations against
regulations on response to water pollution incidents
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failure to formulate plans for response to water
pollution incidents;
b) Failure to prepare necessary equipment and means
to cope with water pollution incidents caused by acts of violation;
c) Failure to give notification to regulatory
authorities of the occurrence of water pollution incidents.
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3. A fine ranging from VND 220,000,000 to VND
250,000,000 shall be imposed for failure to timely implement measures to cope
with water pollution incidents caused by acts of violation resulting in serious
water pollution.
4. Remedial measures:
Enforced implementation of remedial measures to
combat the pollution and/or degradation of water resources caused by any of the
violations prescribed in Clauses 2 and 3 of this Article.
Article 24. Violations against
regulations on maintaining water flow and prevention of riverside landslide
1. A warning or a fine ranging from VND 100,000 to
VND 500,000 shall be imposed for laying obstacles, planting trees to block
flood drainage, water flow on rivers, streams, ponds, canals or ditches.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for instructing pipelines or cables across the
rivers, streams or canals, or laying cages/ rafts inconsistently with technical
regulations on flood control and relevant technical requirements as regulated
by law resulting in obstruction of water flows.
3. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for mining or construction of bridge/wharf or other
works preventing or across the rivers, streams or canals inconsistently with
technical regulations on flood control and relevant technical requirements as
regulated by law resulting in obstruction of water flows.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Renovating the river-bed or riverside, or
building irrigational works, or extracting sand, gravel and other mineral from
rivers/ lakes that cause landslides or mudslides;
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5. Fines for filling and sealing rivers, streams,
channels or cannels resulting in restriction to the flow of water:
a) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed if the act of violation narrows less than 20% of
cross section of the river, stream, channel or canal;
b) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed if the act of violation narrows from 20% to under
40% of cross section of the river, stream, channel or canal;
c) A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed if the act of violation narrows from 40% to under
50% of cross section of the river, stream, channel or canal;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the act of violation narrows 50% or more of cross
section of the river, stream, channel or canal.
6. Violations prescribed in Clauses 1, 2, 3 and 5
of this Article in connection with channels or canals of irrigational work
systems shall be handled in accordance with regulations on penalties for administrative
violations against regulations on operation and protection of irrigational
works.
7. Remedial measures:
a) Enforced restoration of initial state which has
been changed due to acts of violation prescribed in this Article;
b) Enforced destruction of works or relocation of
obstacles to the water flow if any of the violations prescribed in this Article
is committed.
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1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on establishment operating inside the water source
protection corridor for failure to apply measures to handle, control and
supervise quality of wastewater or waste before they are discharged into land
or water bodies.
2. A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for mining, drilling or construction of buildings
or architectural works inside the water source protection corridor resulting in
landslides on the banks of river, stream, channel, canal or reservoir.
3. A fine ranging from VND 60,000,000 to VND
70,000,000 shall be imposed for performance of any of the following acts made
without written approval by the Provincial Department of Natural Resources and
Environment:
a) Building warehouse, wharf, port, bridge, traffic
route, underground works and other infrastructure structures;
b) Filling, sealing or constructing embankment of
river, stream, channel, canal, irrigation reservoir, hydroelectric reservoir,
natural or artificial reservoir, excluding the urgent construction of works
with the aim of preventing natural disasters or the construction of landslide
prevention and control works at rivers where disaster prevention works are
located;
c) Drilling or digging to serve the geological
surveys, exploration/extraction of minerals, foundation works or mine
dewatering;
d) Extracting minerals or building materials.
4. A fine ranging from VND 150,000,000 to VND
180,000,000 shall be imposed for construction of hospitals or health facilities
specialized in treatment of infectious diseases, cemeteries, landfills, toxic
chemical production facilities, or hazardous wastewater treatment facilities
inside the water source protection corridor.
5. Remedial measures:
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b) Enforced implementation of remedial measures to
combat the pollution, degradation and depletion of water resources if any of
violations prescribed in this Article is committed resulting in the pollution
and/or degradation of water quality and quantity.
Article 26. Violations against
regulations on prevention of saltwater intrusion
1. A fine ranging from VND 6,000,000 to VND
10,000,000 shall be imposed for the extraction and use of brackish water or
saltwater for production or aquaculture activities outside the planning area
for aquaculture resulting in the movement of saltwater into water sources.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to comply with technical procedures and
regulations on management and operation of sluices constructed to prevent
saline intrusion or storing fresh water, and reservoirs/stream flow regulation
works resulting in movement of saltwater into water sources.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to apply measures to prevent the
saltwater intrusion in aquifers when carrying out the exploration and
extraction of groundwater at plain or coastal areas.
4. Remedial measures:
Enforced implementation of remedial measures to
combat the pollution, degradation and depletion of water resources if any of
violations prescribed in this Article is committed resulting in the pollution
and/or degradation of water quality and quantity.
Section 4. VIOLATIONS AGAINST OTHER REGULATIONS ON RESOURCE MANAGEMENT
Article 27. Violations against
regulations on land subsidence prevention and monitoring
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2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Failure to apply remedial measures upon the
occurrence of land subsidence in course of drilling for groundwater exploration
and extraction;
b) Failure to submit reports to the nearest
regulatory authority on the occurrence of land subsidence in course of drilling
for groundwater exploration and extraction.
3. Additional penalties:
Suspend the groundwater exploration and extraction
for 03 – 06 months if any of the violations prescribed in Points a, b Clause 2 of
this Article is committed.
4. Remedial measures:
Enforced restoration of initial state which has
been changed due to the act of violation prescribed in Point a Clause 2 of this
Article.
Article 28. Violations against
other regulations on water resource management
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
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b) Properly taking advantage of incentive policies
for economical and efficient water use activities.
2. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for providing inaccurate information/data about
water resources to competent water resource authority as requested.
3. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Failure to publish sufficient information
concerning the project’s extraction and use of water resources or discharge of
wastewater into water bodies as regulated;
b) Failure to comply with regulated methods of
publishing information concerning the project’s extraction and use of water
resources or discharge of wastewater into water bodies;
c) Failure to submit documents for calculation of
fees for processing of application for grant of water extraction rights within
required time limit.
4. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for illegally accessing to the water resource data
and information systems.
5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the following violations:
a) Failure to exactly publish opinions given by
relevant residential communities, organizations and individuals as regulated;
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c) Providing inaccurate information in documents
submitted for calculation of fees for processing of application for grant of
water extraction rights;
d) Failure to make full payment of fees for
processing of application for grant of water extraction rights.
6. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Providing inaccurate information in the
application for license to explore, extract and use water resources, or
discharge wastewater into water bodies;
b) Failure to get opinions from relevant
residential communities, organizations and individuals as regulated;
c) Failure to make payment of fees for processing
of application for water extraction license as regulated.
7. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for any of the following violations:
a) Building reservoir, dam or water extraction
works inconsistently with the water resource planning;
b) Failure to suspend groundwater extraction
activities or failure to reduce the volume or number of existing groundwater
extraction works in the region where the groundwater extraction is prohibited
or restricted under decision made by a regulatory authority.
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a) Suspend the groundwater extraction and use
activities for 01 – 06 months if the violation prescribed in Point b Clause 7
of this Article is committed;
b) Suspend the license to extract and use water
resources for a period from 01 to less than 03 months if the violation
prescribed in Point d Clause 5 of this Article is committed, or for 03 – 06
months if any of the violations prescribed in Points a, b and c Clauses 5, 6 of
this Article is committed.
9. Remedial measures:
a) Enforced correction of untrue information/data
resulted from the violations prescribed in Clause 2 of this Article;
b) Enforce destruction or relocation of works if the
violation prescribed in Point a Clause 7 of this Article is committed.
Chapter III
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MINERAL RESOURCES, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON RESPONSIBILITY OF
ORGANIZATIONS/ INDIVIDUALS PERFORMING MINERAL ACTIVITIES AND MANAGING MINERAL
RESOURCES
Article 29. Violations against
regulations on field surveys and taking samples from land surface to select the
area for formulating mineral exploration project
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a) A warning shall be imposed on household business
for taking mineral samples to use as common building materials;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the licensing for mineral operations is under the
authority of the Provincial-level People’s Committee, except for the violation
prescribed in Point a of this Clause;
c) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the licensing for mineral operations is under the
authority of the Ministry of Natural Resources and Environment.
2. Fines shall be imposed for conducting field
surveys and taking samples from land surface to select area for formulating the
mineral exploration project without obtaining the written approval from the
People’s Committee of province where minerals are located. To be specific:
a) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed on household business for taking samples to
formulate the project on exploration of minerals used as common building
materials;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee, except for the
violation prescribed in Point a of this Clause;
c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Ministry of Natural Resources and Environment.
Article 30. Violations against
regulations on notification of exploration plan, report on mineral exploration
results, requirements for implementation of mineral exploration project,
obligations to be fulfilled upon the expiry of mineral exploration license
1. A warning or a fine shall be imposed for failure
to send written notification of the mineral exploration plan to the People’s
Committee of province where minerals to be explored are located. To be
specific:
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b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the mineral exploration is licensed by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the mineral exploration is licensed by Ministry
of Natural Resources and Environment.
2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
failure to submit reports within 30 days as from the end of the reporting
period or failure to submit periodical reports on mineral exploration results
to competent mineral resource authorities.
3. Fines shall be imposed for submitting reports
containing inaccurate content that there is a difference of exceeding 10%
between the actual volume of explored minerals and the volume specified in the
mineral exploration plan approved by a regulatory authority. To be specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
4. Fines shall be imposed for failure to apply for
approval for mineral deposit after 30 days or more as from the end of the exploration
duration specified in the mineral exploration license. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 if the mineral exploration license is issued by the Provincial-level
People’s Committee;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
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a) A fine ranging from VND 20,000,000 to VND 30,000,000
if the mineral exploration license is issued by the Provincial-level People’s
Committee;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
6. Fines shall be imposed for failure to satisfy
all of eligibility requirements for practicing in mineral exploration when
implementing the mineral exploration project. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
7. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for any of the following violations:
a) Failure to move all its assets and assets of
relevant parties from the exploration area, or failure to conduct the leveling
of exploration site and protect minerals which are not yet extracted as
regulated by law, or failure to provide specimens and information concerning
minerals collected from exploration activities to competent mineral authorities
as regulated by law within 06 months from the expiry of the mineral exploration
license;
b) Arbitrarily changing the exploration method or
changing the exploration volume with cost increased or decreased more than 10%
of total estimate in the approved mineral exploration project without the
approval by the competent licensing authority before implementation.
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Enforced leveling of exploration works; enforced
implementation of measures to preserve minerals which are not yet extracted,
environmental restoration measures, and enforced transfer of mineral specimens
and their related information to competent mineral authorities if any of the
violations prescribed in Points a, b Clause 7 of this Article is committed.
Article 31. Violations against
regulations on mineral exploration area
1. A warning shall be issued for any of the
following violations:
a) Setting up landmarks at corner points of
licensed mineral exploration area inconsistently with required specifications
or failure to set up enough landmarks at corner points of licensed mineral
exploration area;
b) Conducting mineral exploration activities beyond
the boundaries of the licensed exploration area with total exceeding area of
under 5% of the licensed exploration area or under 01 hectare; or under 01m in
excess of licensed exploration depth.
2. Fines shall be imposed for failure to set up
landmarks at corner points of the licensed mineral exploration area. To be
specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
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a) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
80,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
4. Fines shall be imposed for conducting mineral
exploration activities beyond the boundaries of the licensed exploration area
with total exceeding area of from 10% to under 100% of the licensed exploration
area or from 02 hectares to under 05 hectares; or from 02m to under 10m in
excess of the licensed exploration depth. To be specific:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the mineral exploration license is issued by
the Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 100,000,000 to VND
150,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
5. Additional penalties:
a) Suspend mineral exploration activities for 01-
03 months if the violation prescribed in Clause 3 of this Article is committed;
for 03 – 06 months if the violation prescribed in Clause 4 of this Article is
committed;
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6. Remedial measures:
Enforced leveling of exploration works and measures
for environmental restoration at exploration area beyond the licensed
exploration area if any of the violations prescribed in Clauses 3, 4 of this
Article is committed.
Article 32. Violations against
regulations on transfer of mineral exploration rights
Fines shall be imposed for transfer or receipt of
transfer of mineral exploration rights without obtaining a written approval
from the regulatory authority. To be specific:
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials.
2. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point 1 of this Clause.
3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the mineral exploration license is issued by
Ministry of Natural Resources and Environment.
Article 33. Violations against
regulations on exploration of toxic minerals
1. A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed for failure to implement or improperly implementing
environmental pollution prevention measures which are specified in the mineral
exploration project provided that exploration activities do not yet cause
environmental pollution.
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3. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for improperly implement remedial measures to
combat the environmental pollution caused by exploration activities.
4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to implement remedial measures to
combat the environmental pollution caused by exploration activities.
5. Additional penalties:
a) Suspend the mineral exploration license for 01 -
03 months if the violation prescribed in Clause 1 of this Article is committed;
b) Suspend the mineral exploration license for 03 -
06 months if the violation prescribed in Clause 2 of this Article is committed;
c) Suspend the mineral exploration license for 06 -
09 months if the violation prescribed in Clause 3 of this Article is committed;
d) Suspend the mineral exploration license for 09 -
12 months if the violation prescribed in Clause 4 of this Article is committed.
6. Remedial measures:
a) Enforced implementation of measures to prevent
the environmental pollution and adverse effects on the human health if the
violation prescribed in Clause 1 of this Article is committed;
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Article 34. Violations against
other regulations on mineral exploration
1. Fines shall be imposed for conducting mineral
exploration activities when having a mineral exploration license expired or
suspended. To be specific:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on household business for conducting exploration of
minerals used as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the mineral exploration license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 if the mineral exploration license is issued by Ministry of Natural
Resources and Environment.
2. Fines shall be imposed for failure to obtain a
mineral exploration license as regulated when conducting exploration
activities; or conducting mineral exploration activities beyond the boundaries
of the licensed exploration area with total exceeding area of 100% or more of
the licensed exploration area or 05 hectares or more; or 10m or more in excess
of the licensed exploration depth. To be specific:
a) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed on household business for conducting exploration
of minerals used as common building materials;
b) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed if the licensing for mineral exploration
activities is under the authority of the Provincial-level People’s Committee,
except for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 150,000,000 to VND
300,000,000 shall be imposed if the licensing for mineral exploration
activities is under the authority of the Ministry of Natural Resources and Environment,
except for the violation prescribed in Point d of this Clause;
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3. Additional penalties:
a) Confiscate mineral specimens if any of the
violations prescribed in Clause 1 and Clause 2 of this Article is committed;
b) Confiscate the instrumentalities of
administrative violations if the violation prescribed in Clause 2 of this Article
is committed;
c) Suspend mineral exploration activities for 03 to
under 06 months if the violation prescribed in Clause 1 of this Article is
committed; suspend the mineral exploration license for 03 – 06 months if the
violation prescribed in Clause 2 of this Article is committed.
4. Remedial measures:
Enforced leveling of exploration works and measures
to restore the environment at the exploration areas if the violation prescribed
in Clause 2 of this Article is committed.
Article 35. Violations against
regulations on mine fundamental construction, reports on mineral extraction
activities, and payment of fees for processing of applications for mineral
extraction or exploration rights, or upgrading of mineral reserve/ resource
category
1. A warning shall be issued for any of the
following violations:
a) Failure to provide a written notification of the
commencement of mine fundamental construction or the commencement of
exploration activities to the licensing authority and/or the People’s Committee
at the place where the mine is located;
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c) Failure to provide sufficient information in
periodical reports on mineral extraction activities according to the template
provided by the Ministry of Natural Resources and Environment.
2. Fines shall be imposed for failure to carry out
the registration of the commencement of mine fundamental construction; or
failure to carry out the registration of the commencement of extraction
activities with the licensing authority. To be specific:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 if the license is issued by the Provincial-level People’s Committee;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 if the license is issued by Ministry of Natural Resources and
Environment.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Submitting periodical reports on mineral
extraction activities to the Provincial Department of Natural Resources and
Environment if the mineral extraction license is issued by the Provincial-level
People’s Committee or to the General Department of Geology and Minerals of
Vietnam if the mineral extraction license is issued by the Ministry of Natural
Resources and Environment later than the regulated time-limit for 15 to under
30 days as from the final day of the reporting period; providing false figures
in the periodical reports on mineral extraction activities;
b) Failure to retain results of mineral exploration
activities for upgrading of mineral reserve/ resource category conducted within
the licensed mineral extraction area.
4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for submitting periodical reports on mineral
extraction activities to the Provincial Department of Natural Resources and
Environment if the mineral extraction license is issued by the Provincial-level
People’s Committee or to the Provincial Department of Natural Resources and
Environment and the General Department of Geology and Minerals of Vietnam if
the mineral extraction license is issued by the Ministry of Natural Resources
and Environment later than the regulated time-limit for 30 days or more as from
the final day of the reporting period; or failure to submit periodical reports
on mineral extraction activities as regulated.
5. Fines shall be imposed for any of the following
violations: Failure to send notification of plan, volume and time for
conducting exploration activities for upgrading of mineral reserve/resource
category within the licensed mineral exploration area to the licensing
authority before conducting exploration activities; failure to submit
exploration results to the competent authority for approval before termination
of exploration activities for upgrading of mineral reserve category. To be
specific:
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b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the mineral extraction license is issued
Ministry of Natural Resources and Environment.
6. Suspend the mineral extraction license for a period
of from 01 to less than 03 months for failure to make full payment of fees for
processing of application for mineral extraction right as notified in writing
by the regulatory authority; or for 03 – 06 months for failure to make payment
of fees for processing of application for mineral extraction right.
Article 36. Violations against
regulations on mineral extraction area
1. A warning or a fine shall be imposed for setting
up landmarks at corner points at the licensed mineral extraction area. To be
specific:
a) A warning shall be imposed for setting up
landmarks at corner points inconsistently with technical specifications;
b) A fine ranging from VND 500,000 to VND 1,000,000
per deficient landmark for failure to set up landmarks in full quantity as prescribed
in the mineral extraction license provided that the landmarks set up at corner
points in the licensed mineral extraction area are in consistent with technical
specifications.
2. A warning or a fine shall be imposed for failure
to set up landmarks at corner points at the licensed mineral extraction area.
To be specific:
a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
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3. A warning or a fine shall be imposed for
extraction of minerals with total extraction area exceeding the boundaries of
licensed extraction area (by surface) up to under 10% or under 0.1 hectare; or
under 01m in excess of the licensed extraction depth. To be specific:
a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee, except for the
violation prescribed in Point a of this Clause;
c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Ministry of Natural Resources and Environment.
4. Fines shall be imposed for extraction of
minerals with total extraction area exceeding the boundaries of licensed extraction
area (by surface) up to 10% to under 50% or 0.1 hectare to under 0.5 hectare;
or from 01m to under 02m in excess of the licensed extraction depth. To be
specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee, except for the
violation prescribed in Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 if the licensing for mineral operations is under the authority of
the Ministry of Natural Resources and Environment.
5. Fines shall be imposed for extraction of
minerals with total extraction area exceeding the boundaries of licensed
extraction area (by surface) up to 50% to under 100% or 0.5 hectare to under 01
hectare; or from 02m to under 05m in excess of the licensed extraction depth.
To be specific:
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b) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee, except for the
extraction of sand and gravel from the rivers and the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 100,000,000 to VND
300,000,000 shall be imposed for the extraction of sand and gravels from rivers
or if the licensing for mineral operations is under the authority of the
Ministry of Natural Resources and Environment, except for the violation
prescribed in Point d of this Clause;
d) A fine ranging from VND 300,000,000 to VND
500,000,000 shall be imposed if minerals are gold, silver, platinum, precious
stones or toxic minerals which are extracted under the licensing by Ministry of
Natural Resources and Environment.
6. Fines shall be imposed for extraction of
minerals with total extraction area exceeding the boundaries of licensed
extraction area (by surface) up to 100% or more, or 01 hectare or more; or 05m
or more in excess of the licensed extraction depth. To be specific:
a) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 100,000,000 to VND
300,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee, except for the
extraction of sand and gravel from the rivers and the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 300,000,000 to VND
500,000,000 shall be imposed for the extraction of sand and gravels from rivers
or if the licensing for mineral operations is under the authority of the
Ministry of Natural Resources and Environment, except for the violation
prescribed in Point d of this Clause;
d) A fine ranging from VND 500,000,000 to VND
1,000,000,000 shall be imposed if minerals are gold, silver, platinum, precious
stones or toxic minerals which are extracted under the licensing by Ministry of
Natural Resources and Environment.
7. Additional penalties:
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b) Suspend the mineral extraction license for a
period of from 01 to less than 03 months if the violation prescribed in Clause
3 of this Article is committed; for a period of from 03 to less than 06 months
if the violation prescribed in Clause 4 of this Article is committed; for a
period of from 06 to less than 12 months if the violation prescribed in Clause
5 of this Article is committed; and for 12 - 24 months if the violation
prescribed in Clause 6 of this Article is committed.
8. Remedial measures:
a) Enforced leveling and implementation of
environmental restoration and remediation measures; enforced implementation of
measures to restore the extraction area beyond the licensed extraction area to
safe status. In case of extraction of sand and gravels from rivers,
embankments, dams or other works damaged by acts of violation must be repaired;
b) Enforced transfer of illegal benefits obtained
from administrative violations prescribed in Clauses 3, 4, 5 and 6 this
Article.
Article 37. Violations against
regulations on mine design
1. A warning or fine shall be imposed for any of
the following violations: Formulating or giving approval for mine design whose
contents are not conformable to the approved investment project, fundamental
design and the mineral extraction license; adjusting or changing mining
technology or extraction capacity which is not conformable to the approved mine
design without obtaining a written approval from regulatory authority. To be
specific:
a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the mineral extraction license is issued Ministry
of Natural Resources and Environment.
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a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the mineral extraction license is issued
Ministry of Natural Resources and Environment.
3. Fines shall be imposed for any of the following
violations: Failure to comply with mining methods; failure to comply with the
mine opening and preparation systems (for underground mining) or opening system
(for open-pit mining); failure to comply with mining procedures and systems;
failure to comply with waste discharging technologies or failure to use the
waste dump at location and area determined in the approved mine design or the
mineral extraction license or the mineral extraction project without obtaining
a written approval from regulatory authorities. To be specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
dd) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for extraction of minerals by employing
underground mining techniques, except for the violations prescribed in Points
a, b, c and e of this Clause;
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4. Fines shall be imposed for extraction of
minerals without formulating mine design as regulated. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives, except for the
violation prescribed in Point a of this Clause;
d) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
dd) A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for extraction of minerals by employing
underground mining techniques, except for the violations prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from VND 300,000,000 to VND
500,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
5. Additional penalties:
Suspend the mineral extraction license for 06 - 12
months if any of the violations prescribed in Clauses 2 and 3 of this Article
is committed.
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Enforced compliance with mining methods; plans for
mine opening and preparation (for underground mining), opening plans (for
open-pit mining); enforced compliance with mining procedures and systems;
enforced use of waste dump at location and area determined in the approved mine
design or the mineral extraction license if the violation prescribed in Clause
3 of this Article is committed.
Article 38. Violations against
regulations on mine executive manager
1. Fines shall be imposed for any of the violations
against regulations on mine executive manager, except for full extraction or
extraction of mineral water. To be specific:
a) A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for failure to send written notification of professional
qualification and capacity of the mine executive manager to the authorized
licensing authority;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on an individual who possesses two valid executive
manager contracts or more at the same time or for appointment of a mine
executive manager to manage mineral extraction activities (at the same time)
for two mineral extraction licenses or more.
2. Fines shall be imposed for appointment of an
unqualified person to act as the mine executive manager. To be specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on household business for extraction of minerals to
use as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives, except for the
violation prescribed in Point a of this Clause or the extraction of peat;
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dd) A fine ranging from VND 50,000,000 to VND 70,000,000
shall be imposed for the extraction of minerals licensed by the Ministry of
Natural Resources and Environment, except for the violation prescribed in Point
e of this Clause;
e) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
3. Fines shall be imposed for failure to appoint a
qualified mine executive manager. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives, except for the
violation prescribed in Point a of this Clause;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
dd) A fine ranging from VND 120,000,000 to VND
150,000,000 shall be imposed for extraction of minerals by employing
underground mining techniques, except for the violations prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from VND 160,000,000 to VND
200,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
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a) Suspend mining activities for 06 - 12 months if
any of the violations prescribed in Points a, b Clause 3 of this Article is
committed;
b) Suspend the mineral extraction license for 03 -
06 months if any of the violations prescribed in Points c, d, dd and e Clause 3
of this Article is committed.
Article 39. Violations against
regulations on current-conditions map and current-conditions cross-sections of
licensed extraction area; making statistics and inventory of extracted mineral
deposits and mineral production
1. Fines shall be imposed for failure to install
weigh station and observation camera system at warehouse or place where crude
ore is moved from the mine for monitoring and retaining relevant information
(excluding the household business’s extraction of minerals which are used as
common building materials). To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the extraction of minerals which are used as
common building materials without using industrial explosives;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b and dd
of this Clause;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for extraction of minerals by employing underground
mining techniques, except for the violations prescribed in Points a, b and dd
of this Clause;
dd) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of toxic minerals.
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a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed on household business for extracting minerals to use
as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives, except for the
violation prescribed in Point a of this Clause;
d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
dd) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for extraction of minerals by employing underground
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
e) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of toxic minerals.
3. A warning or fines shall be imposed for
formulating the mine current-conditions map or the current-condition
cross-section of the licensed extraction which contains insufficient or false
information/figures as regulated and in comparison with the reality of
extracted minerals (excluding the extraction of sand and gravels from river or
stream, extraction of sea sand, or extraction of hot water or mineral water);
failure to prepare relevant books, documents and papers to determine actual
mineral production or provision of inaccurate information; or failure to comply
with procedures and templates for making statistics on actual mineral
production as regulated by Ministry of Natural Resources and Environment. To be
specific:
a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
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d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points b, c and e of
this Clause;
dd) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for extraction of minerals by employing underground
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
e) A fine ranging from VND 120,000,000 to VND
150,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
4. Fines shall be imposed for failure to formulate
the mine current-conditions map; or failure to formulate current-conditions
cross-sections of the licensed extraction area. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of minerals which are used as
common building materials with using industrial explosives, except for the
violation prescribed in Point a of this Clause;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for extraction of minerals by employing open-pit
mining techniques, except for the violations prescribed in Points a, b, c and e
of this Clause;
dd) A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for extraction of minerals by employing
underground mining techniques, except for the violations prescribed in Points
a, b, c and e of this Clause;
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5. Fines shall be imposed for failure to submit
statistical/ inventory results of mineral deposits remained in the licensed
extraction area to the Provincial Department of Natural Resources and
Environment if the mineral extraction license is issued by the Provincial-level
People’s Committee or to the General Department of Geology and Minerals of
Vietnam if the mineral extraction license is issued by the Ministry of Natural
Resources and Environment, or failure to submit such results within 30 days as
from the final day of the reporting period; failure to retain or insufficiently
and improperly retaining statistical figures, documents and papers for
determining actual mineral production; failure to prepare relevant books,
documents and papers to determine the actual mineral production from the
commencement of mine fundamental construction to the termination of extraction
activities and mine closure. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 20,000,000 to VND 30,000,000
shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed if the mineral extraction license is issued
Ministry of Natural Resources and Environment.
6. Fines shall be imposed for failure to provide
sufficient information as provided for in the templates of reports on
statistics/inventory of mineral deposits remained at the licensed extraction
area promulgated by the Ministry of Natural Resources and Environment. To be
specific:
a) A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on household business for extracting minerals to use
as common building materials;
b) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the extraction of minerals is licensed by the
Ministry of Natural Resources and Environment.
7. Fines shall be imposed for failure to make
statistics and inventory of mineral deposits remained at the licensed
extraction area; failure to make statistics/ calculation of monthly actual
mineral production; or failure to prepare relevant books, documents and papers
to determine the actual annual mineral production. To be specific:
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b) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the extraction of minerals is licensed by the
Ministry of Natural Resources and Environment.
8. Additional penalties:
a) Suspend the mineral extraction license for 02 -
04 months if any of the violations prescribed in Clause 3 of this Article is
committed;
b) Suspend the mineral extraction license for 04 -
06 months if any of the violations prescribed in Clause 5 of this Article is
committed.
Article 40. Violations against
regulations on licensed extraction capacity
1. A warning or fines shall be imposed if the
extraction capacity is about less than 15% in excess of the licensed annual
extraction capacity as specified in the mineral extraction license or total
amount of crude minerals extracted in the year is less than 5,000 tonnes in
excess of the licensed one. To be specific:
a) A warning shall be imposed on household business
for extracting minerals to use as common building materials;
b) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for the extraction of sand and gravels from river,
peat or minerals which are used as common building materials without using
industrial explosives, except for the violation prescribed in Point a of this
Clause;
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d) A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
dd) A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
2. Fines shall be imposed if the extraction
capacity is from 15% to fewer than 25% in excess of the licensed annual
extraction capacity as specified in the mineral extraction license or total
amount of crude minerals extracted in the year is from 5,000 tonnes to less
than 10,000 tonnes in excess of the licensed one. To be specific:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed on household business for extracting minerals to use
as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for the extraction of sand and gravels from river,
peat or minerals which are used as common building materials without using
industrial explosives, except for the violation prescribed in Point a of this
Clause;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for the extraction of mineral water or minerals
which are used as common building materials with using industrial explosives,
except for the violation prescribed in Point a of this Clause;
d) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
dd) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
3. Fines shall be imposed if the extraction
capacity is from 25% to fewer than 50% in excess of the licensed annual
extraction capacity as specified in the mineral extraction license or total
amount of crude minerals extracted in the year is from 5,000 tonnes to less
than 10,000 tonnes in excess of the licensed one. To be specific:
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b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the extraction of sand and gravels from river,
peat or minerals which are used as common building materials without using
industrial explosives, except for the violation prescribed in Point a of this
Clause;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of mineral water or minerals
which are used as common building materials with using industrial explosives,
except for the violation prescribed in Point a of this Clause;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
dd) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of gold, silver, platinum or
toxic minerals.
4. Fines shall be imposed if the extraction
capacity is from 50% to fewer than 100% in excess of the licensed annual
extraction capacity as specified in the mineral extraction license or total
amount of crude minerals extracted in the year is from 10,000 tonnes to less
than 20,000 tonnes in excess of the licensed one. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of sand and gravels from river,
peat or minerals which are used as common building materials without using
industrial explosives, except for the violation prescribed in Point a of this
Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of mineral water or minerals
which are used as common building materials with using industrial explosives,
except for the violation prescribed in Point a of this Clause;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
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5. Fines shall be imposed if the extraction
capacity is 100% or more in excess of the licensed annual extraction capacity
as specified in the mineral extraction license or total amount of crude
minerals extracted in the year is 100,000 tonnes or more in excess of the
licensed one. To be specific:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of sand and gravels from river,
peat or minerals which are used as common building materials without using
industrial explosives, except for the violation prescribed in Point a of this
Clause;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of mineral water or minerals
which are used as common building materials with using industrial explosives,
except for the violation prescribed in Point a of this Clause;
d) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
dd) A fine ranging from VND 200,000,000 to VND
500,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
6. Additional penalties:
Suspend the mineral extraction license for a period
of from 01 to less than 03 months if the violation prescribed in Clause 2 of
this Article is committed; for a period of from 03 to less than 06 months if
the violation prescribed in Clause 3 of this Article is committed; for a period
of from 06 to less than 12 months if the violation prescribed in Clause 4 of
this Article is committed; and for 12 - 24 months if the violation prescribed
in Clause 5 of this Article is committed.
7. Remedial measures:
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Article 41. Violations against
regulations on extraction of minerals used as common building materials which
does not requiring mineral extraction license
1. Failure to use minerals used as common building
materials extracted in the land area under the land-use right of a household or
an individual to build the works of such household or individual shall be
handled as follows:
a) A warning shall be imposed if extracted minerals
are donated to other entities;
b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if extracted minerals are sold.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to carry out the registration of
extraction area, capacity, volume, methods, equipment and plan with the
People’s Committee of province where extracted minerals are located in case
minerals used as common building materials are extracted from the land area of
an investment and construction project approved or licensed by a regulatory
authority and used to build such works; or failure to carry out the
registration of dredging volume or amount of excavated sand with the People’s
Committee of province where channel dredging and expansion activities are
performed.
3. Fines shall be imposed for the extraction of
minerals used as common building materials from the land area of an investment
and construction project that is approved or licensed by a regulatory authority
but failure to use extracted minerals to build such works without the approval
by the regulatory authority competent to grant extraction license. To be
specific:
a) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if extracted minerals are used by another entity or
used to build another project/works;
b) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if extracted minerals are sold.
4. Additional penalties:
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5. Remedial measures:
Enforced transfer of illegal benefits obtained from
administrative violations prescribed in Clauses 1 and 3 of this Article.
Article 42. Violations against
regulations on transfer of mineral extraction rights
Fines shall be imposed for transfer or receipt of
transfer of mineral extraction rights without obtaining a written approval from
the authorized licensing authority. To be specific:
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on household business for the extraction of
minerals to use as common building materials.
2. A fine ranging from VND 120,000,000 to VND
150,000,000 shall be imposed for the extraction of minerals licensed by the
Provincial-level People’s Committee, except for the violation prescribed in
Clause 1 of this Article.
3. A fine ranging from VND 260,000,000 to VND
300,000,000 shall be imposed for the extraction of minerals licensed by the
Ministry of Natural Resources and Environment.
Article 43. Violations against
regulations on obligations of winner at auction of mineral extraction right
1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for failure to submit the application for mineral exploration
license to the competent licensing authority within 06 months as from the
issued date of the written certification of results of auction of mineral
extraction right as regulated.
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3. Fines shall be imposed for transfer of results
of auction of mineral extraction right to another entity for submitting
application for mineral extraction license without obtaining a written approval
from the regulatory authority. To be specific:
a) A fine ranging from VND 10,000,000 to VND
30,000,000 shall be imposed if the licensing for mineral operations is under
the authority of the Provincial-level People’s Committee;
b) A fine ranging from VND 260,000,000 to VND
300,000,000 if the licensing for mineral operations is under the authority of
the Ministry of Natural Resources and Environment.
4. In addition to penalties for failure to pay
hammer price for mineral extraction right as notified by the regulatory
authority as regulated by the Law on tax administration, the violating entity
may face an additional penalty that is suspension of mineral extraction license
for 04 - 06 months.
Article 44. Penalties for
failure to obtain mineral extraction license from regulatory authority
1. Fines shall be imposed for the extraction of
minerals to use as common building materials without using industrial
explosives. To be specific:
a) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the volume of extracted minerals is less than 10
m3;
b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the volume of extracted minerals is from 10 m3
to less than 15 m3;
c) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the volume of extracted minerals is from 15 m3
to less than 20 m3;
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dd) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the volume of extracted minerals is from 30 m3
to less than 40 m3;
e) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed if the volume of extracted minerals is from 40 m3
to less than 50 m3;
g) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed if the volume of extracted minerals is 50 m3 or
more, except for the violation prescribed in point h of this Clause;
h) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed if the volume of minerals that are sand and
gravels extracted from rivers is 50 m3 or more.
2. Fines shall be imposed for extraction of
minerals to use as common building materials with using industrial explosives,
or extraction of minerals of other types, except for the violations prescribed
in Clauses 1, 3 of this Article. To be specific:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of minerals to use as common
building materials, or the extraction of peat;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for the extraction of minerals of other types.
3. Fines shall be imposed for the extraction of
gold, silver, precious stones, platinum or toxic minerals. To be specific:
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b) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed if the volume of extracted crude minerals is from
100 tonnes to less than 200 tonnes;
c) A fine ranging from VND 300,000,000 to VND
400,000,000 shall be imposed if the volume of extracted crude minerals is from
200 tonnes to less than 300 tonnes;
d) A fine ranging from VND 500,000,000 to VND
600,000,000 shall be imposed if the volume of extracted crude minerals is from
300 tonnes to less than 400 tonnes;
dd) A fine ranging from VND 700,000,000 to VND
800,000,000 shall be imposed if the volume of extracted crude minerals is from
400 tonnes to less than 500 tonnes;
e) A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed if the volume of extracted crude minerals is 500
tonnes or more.
4. Additional penalties:
Confiscate all exhibits that are extracted minerals
or money accrued from the sale of extracted minerals; confiscate
instrumentalities of administrative violations if any of the violations
prescribed in Points g, h of Clause 1 or point c Clause 2 and Clause 3 of this
Article is committed.
5. Remedial measures:
Enforced implementation of measures to improve and
restore the environment of extraction area and restore the extraction area to
safe status.
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1. Fines shall be imposed for failure to properly
implement measures to restore the extraction area to safe status or land
restoration measures as defined in the mine closure project approved by the
regulatory authority, or failure to request the licensing authority to inspect
and give permission to partially close the mine before conducting environmental
improvement and restoration activities for areas where minerals are extracted
in full. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed if the mineral extraction is licensed by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed if the mineral extraction is licensed by the
Ministry of Natural Resources and Environment.
2. Fines shall be imposed for failure to implement
measures to restore the extraction area to safe status or land restoration
measures as defined in the mine closure project approved by the regulatory
authority. To be specific:
a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the mineral extraction is licensed by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the mineral extraction is licensed by the
Ministry of Natural Resources and Environment.
3. Fines shall be imposed for failure to formulate
mine closure projects in the cases prescribed in Article 73 of the Law on
minerals. To be specific:
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b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed if the mineral extraction is licensed by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the mineral extraction is licensed by the
Ministry of Natural Resources and Environment.
4. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for demolition or destruction of structures or
equipment used to protect the mine safety or surrounding environment when the
mineral extraction license expires.
5. Remedial measures:
Enforce implementation of all measures to restore
the mining areas to the safe status and land restoration measures as prescribed
in the mine closure project approved by competent authority if any of the
violations prescribed in Clauses 1, 2 of this Article is committed;
Article 46. Violations against
regulations on legal rights and benefits of local authority and residents at
mineral extraction area
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for failure to implement all of road construction
and upgradation items to serve mineral extraction activities as defined in the
approved mineral extraction project or mine design.
2. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to implement road construction and
upgradation items to serve mineral extraction activities as defined in the
approved mineral extraction project or mine design.
3. Remedial measures:
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Article 47. Violations against
regulations on use of mineral-related information
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for using results of geological surveys of minerals
or mineral exploration results which are not provided by authorized information
providing authorities to formulate mineral exploration or extraction projects.
2. A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for failure to make payment of fees when using
results of geological baseline surveys of minerals or mineral exploration
results to serve extraction activities (excluding the geological baseline
surveys of minerals or mineral exploration has been previously conducted by
authority or organization as regulated).
3. Additional penalties:
Suspend the mineral extraction license for 06 - 12
months if any of the violation prescribed in Clause 2 of this Article is
committed.
4. Remedial measures:
Enforced payment of fees for using mineral-related
information as notified by the regulatory authority to state budget; payment of
penalty for late payment as regulated by the Law on tax administration.
Article 48. Violations against
other regulations on mineral resources
1. A warning shall be imposed for failure to report
all types of minerals discovered in the survey or exploration areas to the
authorized licensing authority.
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3. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failure to submit written report on new types of
minerals discovered in course of extraction of minerals to the authorized
licensing authority;
b) Failure to obtain a written approval from the
authorized licensing authorities for collection or use of accompanied minerals
or types of minerals newly discovered in course of extraction, or the
collection of minerals at the mine waste dump in course of extraction.
4. Fines shall be imposed for conducting mineral
extraction activities when having a mineral extraction license expired or
suspended. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on household business for extracting minerals to
use as common building materials;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for the extraction of peat or minerals which are
used as common building materials without using industrial explosives, except
for the violation prescribed in Point a of this Clause;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for the extraction of mineral water, sand and
gravels from rivers, or minerals which are used as common building materials
with using industrial explosives, except for the violation prescribed in Points
a, b of this Clause;
d) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for extraction of minerals of other types, except
for the violations prescribed in Points a, b, c and dd of this Clause;
dd) A fine ranging from VND 100,000,000 to VND
200,000,000 shall be imposed for the extraction of gold, silver, precious
stones, platinum or toxic minerals.
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1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to carry out the registration of
geological baseline surveys of minerals with competent minerals authorities as
regulated by law before conducting surveys.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations committed in
course of conducting geological baseline surveys. To be specific:
a) Taking technological samples in excess of
licensed volume;
b) Failure to conduct leveling of digging works:
trenches or boreholes; failure to build (or seal/fill) for closing furnace door
upon the completion of works according to design;
c) Failure to properly seal the borehole by
materials stated in the project approved by competent authority.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Revealing geological information and
mineral-related information in course of conducting geological baseline surveys
of minerals;
b) Failure to implement environmental protection
solutions as prescribed in the project approved by competent authority;
c) Failure to submit reports on geological baseline
surveys of minerals and geological specimens to competent minerals authorities
within 30 days;
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4. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the following violations:
a) Failure to submit reports on geological baseline
surveys of minerals to regulatory authorities for approval as regulated;
b) Failure to submit reports on geological baseline
surveys of minerals and geological specimens to competent minerals authorities
as regulated.
Article 50. Violations against
other regulations on mineral management
1. Fines shall be imposed for taking advantage of
exploration activities to extract minerals. To be specific:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on household business for exploration of minerals
used as common building materials;
b) A fine ranging from VND 60,000,000 to VND
100,000,000 shall be imposed for the exploration of minerals licensed by the
Provincial-level People’s Committee, except for the violations prescribed in
Points a, d of this Clause;
c) A fine ranging from VND 120,000,000 to VND
200,000,000 shall be imposed for the exploration of minerals licensed by the
Ministry of Natural Resources and Environment, except for the violation
prescribed in Point d of this Clause;
d) A fine ranging from VND 400,000,000 to VND
500,000,000 shall be imposed for the exploration of gold, silver, precious
stones or platinum.
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a) A warning shall be imposed if the value of lost
minerals exceeds less than 5% of the permitted loss value;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the value of lost minerals exceeds from 5% to
less than 10% of the permitted loss value;
c) A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed if the value of lost minerals exceeds 10% or more
of the permitted loss value.
3. Fines shall be imposed for any of the following
violations: Failure to sufficiently provide documents, papers and records for
determining the actually extracted mineral production and making statistical
report or inventory of extracted mineral deposits; providing false statement of
annually extracted mineral production or false figures in statistical or
inventory reports on extracted deposits; failure to store and protect extracted
minerals which are not yet used or minerals at waste dumps or accompanied
minerals which are not yet collected in course of extraction of minerals. To be
specific:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on household business for extraction of minerals to
use as common building materials;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the mineral extraction license is issued by the
Provincial-level People’s Committee, except for the violation prescribed in
Point a of this Clause;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the mineral extraction license is issued
Ministry of Natural Resources and Environment.
4. A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for failure to collect accompanied minerals as
defined in the mineral extraction project or as licensed in the mineral
extraction license.
5. Additional penalties:
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b) Suspend the mineral exploration license for 06 -
12 months if any of the violations prescribed in Points b, c and d Clause 1 of
this Article is committed;
c) Suspend the mineral extraction license for 03 -
12 months if any of the violations prescribed in Clauses 2 and 3 of this
Article is committed.
Section 2. VIOLATIONS AGAINST REGULATIONS ON MINING TECHNICAL SAFETY
Article 51. Violations against
regulations on formulation of technical safety documents and technical
instructions
1. Fines shall be imposed for improperly or
insufficiently formulating or failure to formulate mining technical safety
documents as regulated. To be specific:
a) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for improperly or insufficiently formulating mining
technical safety documents;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to formulate mining technical safety
documents.
2. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to comply with technical instructions
for implementation of works or the approved implementation methods.
Article 52. Violations against
regulations on use of mining technologies or means of transport
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a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for designing activities without the approval from
competent authorities;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for putting them into operations before obtaining
the approval from the competent authority.
2. Fines shall be imposed for violations against
regulations on design and manufacturing of means of ore transport; new means of
ore transport and those imported from foreign countries to use at pits and
means of transport driven by diesel engine. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for designing activities without the approval from
competent authorities;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for putting equipment/facilities into operations
before obtaining the approval from the competent authority.
3. Fines shall be imposed for violations against
regulations on equipment, machinery and means used at mineral preparation
plant. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for improperly or insufficiently documents for
management of equipment, machinery and means;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to formulate documents for management
of equipment, machinery and means;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for violations against regulations on technical
safety in course of operation, maintenance or repair of equipment, machinery
and means;
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a) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to inspect all of technical parameters
or failure to conduct first inspection or re-inspection on regulated schedules;
insufficiently or improperly formulating equipment management documents;
b) A fine ranging from VND 50,000,000 to VND 70,000,000
shall be imposed for failure to conduct inspection of technical safety or
failure to formulate equipment management documents.
5. Additional penalties:
Suspend mineral extraction activities for 01 - 03
months if the violation prescribed in Point b Clause 4 of this Article is
committed.
Article 53. Violations against
regulations on methane-based classification of mines, mine ventilation,
drainage and mine water irruption prevention
1. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to submit application for methane-based
classification of mines to the competent authority as regulated.
2. Fines shall be imposed for violations against
regulations on mine ventilation. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the violations against regulations on
mine air control;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for installing local fans;
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d) A fine ranging from VND 70,000,000 to VND
90,000,000 shall be imposed for failure to formulate the mine ventilation plan
or failure to timely make amendments to the mine ventilation plan upon the
change of production plan or failure to prepare mine ventilation network
diagram.
3. Fines shall be imposed for violations against
regulations on mine drainage and mine water irruption prevention. To be
specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the violations against regulations on
safety of pump houses;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for any of the violations against technical safety
regulations on prevention of mine water irruption, including: Failure to
formulate drilling plans for exploring water irruption or plans for exploratory
drilling in front of excavating face; failure to work out methods of drilling
for exploring water irruption or methods of exploratory drilling in front of
excavating face; failure to comply with the approved methods.
4. Additional penalties:
Suspend mineral extraction activities for 01 - 03
months if any of the violations prescribed in Clause 1, Point d Clause 2 and
Point b Clause 3 of this Article is committed.
Article 54. Violations against
regulations on mining power supply
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations on leakage
prevention and regulations on protection of current intensity of power supply
network and mining electrical equipment.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations on technical
safety while using electric cables, electric engines, electric equipment and
electrical substations.
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Article 55. Violations against
regulations on preparation of minerals; loading, unloading and transport of
materials at minerals preparation plant
1. Fines shall be imposed for violations against
regulations on preparation of minerals. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations on design and
installation of protective structures to prevent the throwing of materials from
crushers or breakers causing danger to people;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for violations against regulations and procedures
for operation, maintenance and repair of crushers and breakers;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to work out solutions for removal of
explosive dust which may generated from the ore crushing and breaking.
2. Fines shall be imposed for violations against
regulations on loading, unloading and transport of materials. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations and procedures
for loading, unloading and transport of materials;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to inspect or failure to comply with
regulations on inspection of corrosion of pipelines used to transport
materials;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for violations against regulations on technical
safety in course of building and operating winches.
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1. Fines shall be imposed for violations against
regulations on storage and use of flotation reagents. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for violations against regulations on equipment
construction or installation at reagent preparation and storage areas;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for violations against regulations on technical
safety applied to persons working at reagent preparation and storage areas.
2. Fines shall be imposed for violations against
other regulations on technical safety at minerals warehouse, waste dumps and
tailings ponds. To be specific:
a) A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to work out measures for firefighting and
prevention at warehouse storing minerals with spontaneous ignition
characteristic;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for any of the violations against regulations on
construction and operation of waste dumps and tailings ponds;
c) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to work out measures for firefighting
and prevention at dry waste dumps where minerals with spontaneous ignition
characteristic are stored; or failure to work out measures for coping with
breach or cracks in embankments of waste dump or tailings pond.
3. Additional penalties:
Suspend mineral extraction activities for 01 - 03
months if the violation prescribed in Point c Clause 2 of this Article is
committed.
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1. Fines shall be imposed for any of the violations
against regulations on formulation of mining safety management records as
regulated, including: Occupational safety and health plans; assessment of
occupational safety and health risks; emergency response plans. To be specific:
a) A fine ranging from VND 20,000,000 to VND 40,000,000
shall be imposed for improperly or insufficiently preparing required safety
management records;
b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for failure to prepare required safety management
records.
3. Fines shall be imposed for violations against
regulations on mining safety management. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to formulate regulations on
occupational safety and health management or failure to divide occupational
safety and health management levels;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failure to formulate either safety procedure or
internal safety regulations.
3. Fines shall be imposed for violations against
regulations on organization of safety works. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for performing shift handover and receiving
production orders at the beginning of each working shift inconsistently with
regulations.
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to perform the shift handover or
failure to receive production orders at the beginning of each working shift.
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4. Fines shall be imposed for violations against
regulations on orders of the day, orders of a shift and production shift
handover. To be specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for improperly or insufficiently recording orders
of the day or the shift, or improperly or insufficiently performing shift
handover;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to record measures for coping with
unsafe events discovered before or during the working shift in the record of production
orders of the day.
Article 58. Violations against
regulations on technical safety inspection and monitoring in mining activities
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed failure to stipulate or insufficiently stipulating
responsibility for technical safety inspection and monitoring of managing
officers, including Director, Deputy Directors, Department Managers, Foremen,
Deputy Shift Foremen and equivalent titles.
2. Fines shall be imposed for failure to perform the
inspection and monitoring of technical safety as regulated by law. To be
specific:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on the doorkeeper at entrance to the mine for
failure to inspect persons who bring flammable or combustible substances and
ignition sources into the mine;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on the shift leader or the holder of equivalent
position for failure to conduct the technical safety inspection works;
c) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed on department manager, foreman or their authorized
persons for failure to conduct the technical safety inspection works;
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Chapter IV
POWER TO IMPOSE
ADMINISTRATIVE PENALTIES AND REMEDIAL MEASURES AGAINST ADMINISTRATIVE VIOLATIONS
IN WATER AND MINERAL RESOURCES SECTORS
Article 59. Natural resources
& environment inspectors
1. A natural resources & environment inspector
on duty or a person who is assigned to conduct natural resources &
environment inspections shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 500,000;
d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l and m Clause 3 Article 2 of this Decree.
2. Chief Inspectors of Provincial Departments of
Natural Resources and Environment, and Heads of specialized inspection teams
established under decisions of General Director of General Department of
Geology and Minerals of Vietnam, Directors or Chief Inspectors of Provincial
Departments of Natural Resources and Environment shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 50,000,000;
dd) Enforced remedial measures mentioned in this
Decree.
3. Heads of specialized inspection teams
established under decisions of Minister of Natural Resources and Environment or
Chief Inspector of Ministry of Natural Resources and Environment shall have the
power to:
a) Issue warning;
b) Impose fine up to VND 175,000,000 for
administrative violations against regulations on water resources; impose fine
up to VND 250,000,000 for administrative violations against regulations on
mineral resources;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
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4. Chief Inspector of Ministry of Natural Resources
and Environment shall have the power to impose penalties for administrative
violations against regulations on water and mineral resources, General Director
of General Department of Geology and Minerals of Vietnam shall have the power
to impose penalties for administrative violations against regulations on
mineral resources in compliance with regulations in Chapter III herein. To be
specific:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforced remedial measures mentioned in this
Decree.
Article 60. Power to impose
administrative penalties of Chairpersons of people’s committees at all levels
1. Chairpersons of communal-level people’s
committees have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 5,000,000;
d) Enforced remedial measures mentioned in Points
a, b, d, dd, e, g, h, i, k, l, m and o Clause 3 Article 2 of this Decree.
2. Chairpersons of District-level People’s
Committees have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 50,000,000;
dd) Enforced remedial measures mentioned in Clause
3 Article 2 of this Decree.
3. Chairpersons of Provincial-level People’s
Committees have the power to:
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b) Impose a fine up to the maximum fine prescribed
in Clause 1 Article 2 herein;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforced remedial measures mentioned in Clause
3 Article 2 of this Decree.
Article 61. Power to impose
administrative penalties of inspectors in industry and trade sector
Inspectors specialized in industry and trade sector
shall have the power to impose penalties for administrative violations against
regulations on water and mineral resources as prescribed in Articles 35, 37, 38
and other administrative violations prescribed in Section 2 Chapter III herein.
To be specific:
1. Inspectors specialized in industry and trade on
duty or persons who are assigned to conduct inspections in industry and trade
sector shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
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2. Chief Inspectors of Provincial Departments of
Industry and Trade, and Heads of specialized inspection teams established under
decisions of Director of Industrial Safety Techniques and Environment Agency or
Directors or Chief Inspectors of Provincial Departments of Industry and Trade
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend mineral extraction activities in
accordance with regulations herein;
d) Enforced remedial measures mentioned in Clause 6
Article 37 of this Decree.
3. Heads of specialized inspection teams
established under decisions of Minister of Industry and Trade or Chief
Inspector of Ministry of Industry and Trade shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 250,000,000;
c) Suspend mineral extraction activities in
accordance with regulations herein;
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4. The Chief Inspector of Ministry of Industry and
Trade and Director of Industrial Safety Techniques and Environment Agency shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Enforced remedial measures mentioned in Clause 6
Article 37 of this Decree.
Article 62. Power to impose
administrative penalties of People’s Public Security Forces
People’s Public Security Forces shall have the
power to impose penalties for administrative violations against regulations on
water and mineral resources prescribed in Articles 6, 7, 8, 19, 20, 23, 25, 26,
31, 32, 33, 34, 36, 37, 40, 41, 42, 44 and 50 of this Decree. To be specific:
1. Soldiers on duty of People’s Public Security
Forces shall have the power to:
a) Issue warning;
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2. Heads of public security stations, and leaders
of soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000;
3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates or export
processing zones shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k and l Clause 3 Article 2 of this Decree.
4. Chiefs of District-level Police Agencies, Chiefs
of Provincial Environmental Police Agencies and Chiefs of Provincial Police
Agencies for investigation of economic management order and position-related
crimes shall have the power to:
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b) Impose a fine up to VND 25,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth up to VND 25,000,000;
dd) Enforced remedial measures mentioned in Points
a, b, c, D, e, g, h, i, k, l and n Clause 3 Article 2 of this Decree.
5. Directors of Provincial-level Police Security
Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth up to VND 50,000,000;
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6. Director of Environmental Police Administration Agency
and Director of Police Department for investigation of economic management
order and position-related crimes shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l, n and q Clause 3 Article 2 of this Decree.
Article 63. Power to impose
administrative penalties of Border Guard Forces
Border Guard Forces shall have the power to impose
penalties for administrative violations against regulations on water and
mineral resources prescribed in Articles 6, 7, 8, 19, 20, 23, 25, 26, 31, 33,
34, 36, 44 and 50 of this Decree at border regions under their management. To
be specific:
1. Soldiers on duty of Border Guard Forces shall
have the power to:
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b) Impose a fine up to VND 500,000;
2. Heads of stations and leaders of soldiers
mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000;
3. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations worth up to VND 25,000,000;
d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l and n Clause 3 Article 2 of this Decree.
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a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l, n and q Clause 3 Article 2 of this Decree.
Article 64. Power to impose
administrative penalties of Coastguard
Coastguard shall have the power to impose penalties
for administrative violations prescribed in Articles 6, 7, 8, 19, 20, 23, 26,
34, 36, 44 and 50 of this Decree occurring at regions under their management.
To be specific:
1. Coastguard Police Officers on duty shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000;
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a) Issue warning;
b) Impose a fine up to VND 5,000,000;
3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k and l Clause 3 Article 2 of this Decree.
4. Commanders of coastguard platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
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d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l and n Clause 3 Article 2 of this Decree.
5. Commanders in chief of coastguard squadrons
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations worth up to VND 50,000,000;
d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l and n Clause 3 Article 2 of this Decree.
6. Commanders of regional coastguard command
centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
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d) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l and n Clause 3 Article 2 of this Decree.
7. Commanders of Coastguard Headquarters shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for definite period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations;
dd) Enforced remedial measures mentioned in Points
a, b, c, d, dd, e, g, h, i, k, l, n and o Clause 3 Article 2 of this Decree.
Article 65. Power to make
administrative violation notices
1. The following persons shall have the power to
make administrative violation notices:
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b) Officials and public employees on duty of the
agencies prescribed in Articles 59, 60, 61, 62, 63 and 64 of this Decree.
2. The persons that have the power to make
administrative violation notices prescribed in Clause 1 of this Clause are
entitled to make notices of administrative violations within the scope of their
assigned duties using the regulated templates and shall assume responsibility
for such administrative violation notices.
3. The only one notice is made for an
administrative violation. If the violating entity whose administrative
violation has been recorded fails to terminate acts of violation upon the order
of the person having power to impose administrative penalty as regulated, the
person having power to impose administrative penalty shall, when making
decision on imposition of penalty for such violation, apply aggravating
circumstances as regulated in Point I Clause 1 Article 10 of the Law on
penalties for administrative violations.
4. If an individual or organization commits
multiple acts of violation in the same case of violation or repeats acts of
violation, all acts of violation or times of committing violation must be
recorded in the administrative violation notice.
Article 66. Suspension of
license or practicing certificate and suspension of operations
1. The suspension of license or practicing
certificate or suspension of operations shall be performed in compliance with
regulations in Chapter II and Chapter III herein.
2. The period of suspension of a license or
practicing certificate or suspension of operations as a penalty for a violation
specified in this Decree is the average level of the suspension period bracket
applied to such violation. It may be shorter than the average level but not
shorter than the minimum level of the suspension period bracket if there is a
mitigating factor; and it may be longer than the average level but not longer
than the maximum level of the suspension period bracket if there is an
aggravating factor.
3. Beginning date of suspension period:
a) The suspension period shall begin on the
effective date of the decision on imposition of penalty for administrative
violation if the person imposing the penalty confiscated the license or
practicing certificate of the violating entity on the date in which decision is
made;
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c) When confiscating the license or practicing
certificate as prescribed in Point b of this Clause and when returning the
license or practicing certificate suspended as regulated in Points a, b of this
Clause, the person imposing the penalty shall make records and retain documents
about the administrative penalty in compliance with applicable regulations.
4. During the suspension period, if the violating
entity still keeps doing the activities specified in the license or practicing
certificate, such violating entity shall incur a penalty for operating without
a license or practicing certificate.
Chapter V
IMPLEMENTATION
Article 67. Effect
1. This Decree shall come into force as from May
20, 2017.
2. This Decree supersedes the Government’s Decree
No. 142/2013/ND-CP dated October 24, 2013 on penalties for administrative
violations against regulations on water and mineral resources.
Article 68. Implementation
organization and responsibility
1. Minister of Natural Resources and Environment
shall instruct and organize the implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc