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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 275/2026/ND-CP
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Hanoi, July 08, 2026
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DECREE
PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN FIELDS
OF CHEMICALS AND INDUSTRIAL EXPLOSIVE MATERIALS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented
by the Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to the Law on
Chemicals No. 69/2025/QH15;
Pursuant to the Law on
Narcotics Prevention and Control No. 120/2025/QH15;
Pursuant to the Law on
Management and Use of Weapons, Explosive Materials and Support Instruments No.
42/2024/QH15;
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The Government hereby
promulgates a Decree prescribing penalties for administrative violations in
fields of chemicals and industrial explosive materials.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for administrative violations; repeated violations, completed administrative
violations, ongoing administrative violations; penalties, fines, remedial measures;
implementation of penalties for administrative violations, remedial measures,
online handling of administrative violations; power to make records of
administrative violations and power to impose penalties for administrative
violations, application of remedial measures in fields of chemicals and
industrial explosive materials.
2. Acts of trading in
insecticidal and germicidal preparations that have not been granted a marketing
authorization number in Viet Nam by a competent state management agency;
trading in insecticidal and germicidal preparations containing active
ingredients on the List of active ingredients banned from use in insecticidal
and germicidal preparations for household and medical use shall be subject to
penalties in accordance with provisions on imposition of penalties for
administrative violations in commerce, production and trade in counterfeit and
prohibited goods, and protection of consumer rights.
3. Acts of importing in
insecticidal and germicidal preparations that have not been granted a marketing
authorization number in Viet Nam or import license by a competent state
management agency; importing insecticidal and germicidal chemicals and
preparations containing active ingredients on the List of active ingredients
banned from use in insecticidal and germicidal chemicals and preparations for
household and medical use shall be subject to penalties in accordance with
provisions on imposition of penalties for administrative violations in
commerce, production and trade in counterfeit and prohibited goods, and
protection of consumer rights.
4. Acts of producing
insecticidal and germicidal preparations that has not been granted a marketing
authorization number in Viet Nam by a competent state management agency;
producing insecticidal and germicidal preparations containing active
ingredients on the List of active ingredients banned from use in insecticidal
and germicidal preparations for household and medical use shall be subject to
penalties in accordance with provisions on imposition of penalties for
administrative violations in commerce, production and trade in counterfeit and
prohibited goods, and protection of consumer rights.
Article
2. Regulated entities
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2. The persons who have
the power to make records of administrative violations, persons who have the
power to impose penalties for administrative violations in fields of chemicals
and industrial explosive materials, and other relevant entities.
3. Organizations facing
penalties for administrative violations in fields of chemicals and industrial
explosive materials under this Decree include:
a) Economic organizations
that are established under the Law on Enterprises, consisting of: sole
proprietorships, joint-stock companies, limited liability companies,
partnerships and dependent units of enterprises (branches, representative
offices);
b) Co-operatives,
cooperative unions and other organizations that are duly established under the
Law on Co-operatives;
c) Organizations that are
duly established under the Law on Investment and Commercial Law, consisting of:
domestic investors, foreign investors (except investors being individuals) and
foreign-invested economic organizations; representative offices and branches of
foreign traders in Vietnam; representative offices of foreign trade promotion organizations
in Viet Nam;
d) Socio-political
organizations, socio-professional organizations, social organizations;
dd) Public service units;
e) State agencies
committing violations which are not related to their assigned state management
duties;
g) Other organizations
that are established as prescribed by law.
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Article
3. Penalties, remedial measures
1. Primary penalties:
a) Warnings;
b) Fines.
2. Additional penalties:
a) Suspension of licenses
and certificates in fields of chemicals and industrial explosive materials for a
fixed period, including chemical consultant certificates; certificates of
eligibility to produce industrial explosive materials; licenses to use
industrial explosive materials; licenses to trade in industrial explosive
materials; blasting licenses; certificates of eligibility to produce explosive
precursors;
b) Partial or total
suspension of chemicals activities and industrial explosive materials
activities for a fixed period;
Confiscation of
exhibits/instrumentalities of administrative violations in fields of chemicals
and industrial explosive materials.
3. Apart from the
remedial measures specified in points a, c, d, dd, e, h and i clause 1 Article
28 of the Law on Penalties for Administrative Violations, entities committing
administrative violations specified in this Decree shall be subject to the
following remedial measures:
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b) Enforced cancellation
of results of chemical safety training received by entities in chemical
activities;
c) Enforced recycling of insecticidal
and germicidal preparations for household and medical use if recyclable;
d) Enforced adoption of
remedial measures against the failure to ensure safety during the production,
testing and assessment of industrial explosive materials;
dd) Enforced adoption of
remedial measures against the failure to ensure security and safety during the
storage of industrial explosive materials, during the construction and
equipment of support instruments, means and works for protection and guarding
in warehouses of industrial explosive material warehouses;
e) Enforced movement of
reserved industrial explosive materials to designated warehouses and locations;
g) Enforced nullification
of contracts concluded in violation of regulations;
h) Enforced adoption of
remedial measures against the failure to satisfy regulations on conditions for
production of insecticidal and germicidal chemicals and preparations;
i) Enforced adoption of
remedial measures against the failure to satisfy conditions by facilities
conducting testing and quality control of insecticidal and germicidal
preparations for household and medical use.
4. Profits illegally
obtained from an administrative violation as prescribed in this Decree are
objects, money, valuable papers or other assets which are obtained from the
violation committed by the individual or organization and shall be determined
as follows:
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b) The obtained illegal
benefits being valuable papers are all types of valuable papers obtained by the
violating entity from the administrative violation. If the valuable papers have
been transferred, the amount of illegal benefits obtained shall be total
proceeds actually received at the time of transfer. If the financial
instruments have been illegally concealed and disguised or destroyed, the
amount of illegal benefits shall be determined according to the book value
recorded by issuers of such valuable papers.
c) The illegal benefits
being objects or other assets obtained by a violating entity from an
administrative violation are other assets defined in the Civil Code.
If the objects or other
assets which are not prohibited, counterfeit or smuggled goods have been
illegally transferred, sold or destroyed, the illegal benefits equal the
monetary equivalence of market value of the same assets or the book value of
assets (if the market value is not available) or monetary value of the assets
written on the import/export declarations (if assets are imported/exported
goods) of the violating entity after deducting direct costs of such goods whose
legitimacy and validity must be proved by documents and records.
If the objects or other
assets which are prohibited, counterfeit or smuggled goods have been illegally
transferred or sold, the amount of illegal benefits shall be total amount
earned by the violating entity from such transfer.
5. If the remedial
measure in the form of enforced removal from the territory of the Socialist
Republic of Viet Nam or enforced re-export of exhibits of violations written on
the decision to impose penalties for the administrative violations specified in
Article 21, Article 22, Article 23, Article 47 and Article 59 of this Decree
fail to be implemented within 30 days from the expiry date of the decision on
penalty imposition or decision on imposition of remedial measures, the persons
competent to impose the remedial measure in the form of enforced removal from
the territory of the Socialist Republic of Viet Nam or enforced re-export of
exhibits of violations specified in Article 62, Article 63, Article 64, clause
4, clause 5, clause 6 and clause 7 Article 65, clause 2, clause 3 and clause 4
of Article 66, clause 2, clause 3 and clause 4 of Article 69, clause 4, clause
5 and clause 6 Article 70, and clause 4, clause 5, clause 6 and clause 7
Article 71 of this Decree shall consider deciding to impose additional
penalties or remedial measures as follows:
a) Confiscation of
exhibits of violations, except where the remedial measure specified in point b
of this clause is imposed. The record of confiscation of exhibits of
administrative violations shall be made using the Form MBB20 in the Appendix to
the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021;
b) Enforced destruction
of the exhibits of administrative violations which are goods or items
detrimental to human, animal and plant health and the environment, and indecent
materials. The record of destruction of exhibits of administrative violations
shall be made using the Form MBB21 in the Appendix to the Government’s Decree
No. 118/2021/ND-CP dated December 23, 2021;
c) Enforced payment of an
amount equal to the value of the exhibits and instrumentalities of
administrative violations that have been sold, concealed and disguised or
destroyed in contravention of the law in the case where the additional penalty
specified in point a of this clause cannot be imposed.
6. Upon imposing the remedial
measure in the form of enforced removal from the territory of the Socialist
Republic of Viet Nam or enforced re-export of exhibits of violations, the
decision on imposition of penalties for administrative violations or decision
on imposition of remedial measures must explicitly state the imposition of the
remedial measure specified in points a, b and c clause 5 of this Article.
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Article
4. Provisions on fines and power to impose fines on entities
1. The maximum fine for
each administrative violation in the field of chemicals and administrative
violation in the field of chemicals industrial explosive materials incurred by
an individual is VND 50,000,000 and VND 100,000,000 respectively.
2. The fines for the acts
mentioned in Chapter II of this Decree are imposed for one administrative
violation committed by an individual (except the provisions laid down in
Article 9, Article 11 and Article 13 of this Decree). The fine incurred by an
organization is twice as much as the fine incurred by an individual for the
same administrative violation.
3. Fines imposed by the
title holders prescribed in Chapter III of this Decree are imposed for
administrative violations committed by individuals. A title holder is entitled
to impose a fine which is twice as much as that imposed upon an individual upon
an organization for committing the same administrative violation.
Article
5. Provisions on repeated violations, completed violations, ongoing violations;
implementation of administrative penalties and remedial measures, online
handling of administrative violations in fields of chemicals and industrial
explosive materials
1. If any entity commits
multiple administrative violations specified in this Decree, a penalty shall be
imposed for each violation once while the repeat of that violation shall be
taken into account as an aggravating circumstance, except for the violations
related to licenses or conditions for import or export specified in clause 3
Article 21, clause 3 Article 22, clause 2 Article 23, Article 47 and point a
clause 4 Article 59 of this Decree, in which case an administrative penalty
shall be imposed for each violation.
2. The determination of
whether an administrative violation has been completed or is ongoing for the
purpose of calculating the prescriptive period for administrative penalty
imposition comply with the law on handling of administrative violations.
3. The implementation of
administrative penalties and remedial measures shall comply with provisions set
out under Section 2 Chapter III Part 2 of the Law on Handling of Administrative
Violations and Government’s Decree No. 118/2021/ND-CP dated December 23, 2021.
4. Records, instruments
or other relevant documents recording the implementation of administrative
penalties and remedial measures must be included in the dossier on
administrative penalty imposition in accordance with Article 57 of the Law on
Handling of Administrative Violations.
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Article
6. Procedures for imposing penalties for violations concurrently regulated
under the Criminal Code
1. Upon discovering any
of the violations specified in clause 3 and clause 4 Article 55, clause 6
Article 58; clause 4 and clause 5 Article 59; clause 5, point b and point d
clause 6 Article 60 of this Decree, the competent person handling the case
shall transfer the violation case file to the authority competent to institute
criminal proceedings for initiation of criminal prosecution in accordance with
Article 62 of the Law on Handling of Administrative Violations.
2. Where the authority
competent to institute criminal proceedings issues one of the decisions,
including decision not to file criminal charges, decision to annul the decision
to file criminal charges, decision to suspend investigation, decision to
dismiss the case, decision to dismiss the lawsuit against the suspect or
decision to grant exemption from criminal liability under a judgment and the
case denotes an administrative violation, the competent person of the authority
which is handling the case must impose a penalty for the administrative
violation within his/her power or transfer the violation case file to the
person who has the power to impose penalties for administrative violations
specified in clause 1 Article 63 of the Law on Handling of Administrative
Violations amended and supplemented by clause 13 Article 1 of the Law amending
and supplementing several Articles of the Law on Handling of Administrative
Violations for imposition of a penalty for the administrative violation as
prescribed in this Decree.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES IN FIELDS OF CHEMICALS AND INDUSTRIAL EXPLOSIVE
MATERIALS
Section
1. VIOLATIONS AGAINST REGULATIONS ON CHEMICAL INDUSTRY DEVELOPMENT
Article
7. Violations against regulations on application of principles of green
chemistry
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for incorrectly applying each
of the following mandatory principles of green chemistry:
a) Use producing
processes that reduce or
eliminate the generation of hazardous waste;
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c) Conduct real-time analysis
to monitor and control emissions;
d) Apply measures to
minimize the potential for incidents.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to apply each of
the following mandatory principles of green chemistry:
a) Use producing
processes that reduce or
eliminate the generation of hazardous waste;
b) Increase energy
efficiency;
c) Conduct real-time
analysis to monitor and control emissions;
d) Apply measures to
minimize the potential for incidents.
Article
8. Violations of regulations on regulations on safety distances for locations
of chemical projects
1. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to comply with
safety distance requirements applicable to chemical projects that are subject
to regulations on mandatory safety distances under regulations and are not
subject to a decision on investment policy or approval of investment policy by
a competent state agency.
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Article
9. Violations of regulations on regulations on conditions applicable to
organizations providing construction consultancy for chemical projects
1. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for having an individual
engaged in providing construction consultancy for a chemical project who fails
to satisfy any of the following conditions:
a) Where he/she is
engaged in providing construction consultancy for a chemical project with works
of Grade I or higher: He/she has held one of the positions related to
engineering, technology or chemical safety at chemical projects for less than
07 years or has never been engaged in providing construction consultancy for
any chemical projects with works of Grade I or higher;
b) Where he/she is
engaged in providing construction consultancy for a chemical project with works
of Grade II: He/she has held one of the positions related to engineering,
technology or chemical safety at chemical projects for less than 04 years or
has never been engaged in providing construction consultancy for any chemical
projects with works of Grade I or higher;
c) Where he/she is
engaged in providing construction consultancy for a chemical project with works
of Grade III or lower: He/she has held one of the positions related to
engineering, technology or chemical safety at chemical projects for less than
02 years or has never been engaged in providing construction consultancy for
any chemical projects;
d) He/she does not hold a
bachelor's degree or equivalent or higher degree in a chemistry major on the
list provided in Appendix III to the Government’s Decree No. 25/2026/ND-CP
dated January 17, 2026 elaborating and providing measures to organize and
provide guidance on implementation of some Articles of the Law on Chemicals
pertaining to development of the chemical industry and chemical safety and
security (hereinafter referred to as “the Decree No. 25/2026/ND-CP”).
2. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for having no individual
engaged in providing construction consultancy for chemical projects.
Article
10. Violations of regulations on conditions applicable to individuals providing
consultancy on selection of technologies and equipment for chemical projects in
case they are yet to be issued with chemical consultant certificates by
competent authority
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual who provides
consultancy on the selection of technologies and equipment for chemical
projects falling within the scope of activities of a Class A3 chemical
consultant certificate for failing to satisfy the condition “having at least 04
years of experience in participating in chemical technology and engineering
jobs”.
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a) An individual who
provides consultancy on the selection of technologies and equipment for
chemical projects falling within the scope of activities of a Class A2 chemical
consultant certificate fails to satisfy the condition “having at least 04 years
of experience in participating in chemical technology and engineering jobs”.
b) An individual who
provides consultancy on the selection of technologies and equipment for
chemical projects falling within the scope of activities of a Class A2 chemical
consultant certificate fails to satisfy the condition “having work experience
in performing jobs related to provision of consultancy on the selection of
technologies and equipment for at least 02 chemical projects with construction
works of Grade III or higher”.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
a) An individual who
provides consultancy on the selection of technologies and equipment for
chemical projects falling within the scope of activities of a Class A1 chemical
consultant certificate fails to satisfy the condition “having at least 07 years
of experience in participating in chemical technology and engineering jobs”;
b) An individual who
provides consultancy on the selection of technologies and equipment for
chemical projects falling within the scope of activities of a Class A1 chemical
consultant certificate fails to satisfy the condition “having work experience
in performing jobs related to provision of consultancy on the selection of
technologies and equipment for at least 02 chemical projects with construction
works of Grade II or higher”.
4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual providing
consultancy on the selection of technologies and equipment for chemical
projects without a bachelor's degree or equivalent or higher degree in a
chemistry major on the list provided in Appendix III to the Decree No.
25/2026/ND-CP.
Article
11. Violations of regulations on regulations on conditions applicable to
organizations providing on selection of technologies and equipment for chemical
projects
1. A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed upon an organization for
performing jobs related to the provision of consultancy on the selection
of technologies and equipment for chemical projects with works of grade III and
grade IV without having any consultant holding a Class A3 or higher chemical
consultant certificate who is an employee of the organization in accordance
with labor law.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed upon an organization for
performing jobs related to the provision of consultancy on the selection of
technologies and equipment for chemical projects with works of grade II without
having any consultant holding a Class A2 or higher chemical consultant
certificate who is an employee of the organization in accordance with labor
law.
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4. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed upon an organization for
performing jobs related to the provision of consultancy on the selection of
technologies and equipment without having software for design and selection of
technologies and equipment.
Article
12. Violations of regulations on conditions applicable to individuals providing
consultancy on chemical safety and security in case they are yet to be
issued with chemical consultant certificates by competent authority
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following
acts of failing to satisfy the experience condition applicable to individuals
providing consultancy on chemical safety and security:
a) Having work experience
in a position related to chemical safety activities for a period less than the
standard tenure required of a theoretical knowledge trainer possessing a
bachelor’s degree or higher as prescribed by the law on occupational safety and
health;
b) Failing to satisfy the
condition concerning professional experience respective to the consultancy
he/she provides as prescribed in clause 2 Article 18 of the Decree No.
25/2026/ND-CP.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for
providing consultancy on chemical safety and security without a bachelor's
degree or equivalent or higher degree in a chemistry major on the list provided
in Appendix III to the Decree No. 25/2026/ND-CP.
Article
13. Violations of regulations on regulations on conditions applicable to
organizations providing consultancy on chemical safety and security
1. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for the act of having
personal protective equipment for chemical incident response practice or drills
which is not appropriate to the hazardous properties of various types of
chemicals as prescribed by law.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for employing a consultant
undertaking the consultancy task who holds a chemical consultant certificate
which is not appropriate to the undertaken task as prescribed or employing a
consultant undertaking the consultancy task who does not hold a chemical
consultant certificate.
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4. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for the act of failing to
have personal protective equipment or vehicles and equipment for chemical
incident response practice or drills.
Article
14. Violations of regulations on provision of consultancy on selection of
technologies and equipment for chemical projects and consultancy on chemical
safety and security by individuals according to chemical consultant
certificates
1. A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed for making any interlineations,
erasures or alterations on the chemical consultant certificate.
2. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling, or transferring the chemical consultant
certificate;
b) Renting, borrowing,
receiving the pledged, receiving the mortgaged, buying, receiving the transferred
chemical consultant certificate.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to comply with
regulations on re-issuance of chemical consultant certificates or issuance of adjusted
chemical consultant certificates when the chemical consultant certificate
remains valid but is lost or damaged, personal information is adjusted or
supplemented, incorrect information is recorded through the fault of the
certificate-issuing authority or the class or group of the original chemical
consultant certificate is adjusted;
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for providing consultancy
outside the scope specified in the chemical consultant certificate.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if an individual who has
satisfied all prescribed conditions provides consultancy without a chemical
consultant certificate or continues to provide consultancy while his/her
chemical consultant certificate is being suspended by the competent authority.
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Suspension of the
chemical consultant certificate for a fixed period of 03 - 06 months in
case of commission of the violation specified in clause 4 of this Article.
7. Remedial measures:
Enforced return of the
chemical consultant certificate on which interlineations, erasures or
alterations have been made due to commission of the violation specified in
clause 1 of this Article to the competent authority or person issuing the
certificate.
Section
2. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF CHEMICAL ACTIVITIES
Article
15. Violations of regulations on regulations on conditions for safety assurance
during production and trading of chemicals and chemical storage services
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) A factory or warehouse
of chemicals has chemical safety rule boards and hazard signs which are not
appropriate to the degree of hazard of chemicals;
b) Signs showing
hazardous properties of chemicals fail to show any of the following pieces of
information: Chemical identifiers, pictograms, signal words, hazard statements;
c) Equipment and means
for incident response are in place but not appropriate to the hazardous
properties of chemicals and the quantities of chemicals stored at the facility;
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dd) A plan to control
prevention of loss of chemicals subject to special control and banned chemicals
is in place but fails to conform to the form prescribed by the Minister of
Industry and Trade.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for each of the following
violations:
a) A factory or warehouse
of chemicals fails to have chemical safety rule boards as prescribed by law;
b) A factory or warehouse
of chemicals fails to have hazard signs as prescribed by law;
c) A factory or warehouse
of chemicals fails to have equipment and means for incident response as
prescribed by law;
d) A factory or warehouse
for production of conditional chemicals, chemicals subject to special control
or banned chemicals fails to have safe operating procedures as prescribed by
law.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
a) A factory or warehouse
fails to satisfy the requirements prescribed in national standards or technical
regulations or is not appropriate to the nature, scale and technology of
chemical production and storage as prescribed by law;
b) Chemicals in
warehouses are not stored in accordance with applicable national standards or
technical regulations, are stored in a manner that does not satisfy
requirements or facilitate response to chemical incidents as prescribed by law;
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d) Conditional chemicals,
chemicals subject to special control and banned chemicals likely to react
with one another to cause safety risks or subject to different requirements on
fire and explosion prevention and fighting are stored in the same area as
prescribed by law;
dd) A plan to control
prevention of loss of chemicals subject to special control and banned chemicals
is not in place.
4. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for trading in chemicals
without a chemical warehouse or without renting a warehouse of an entity that
has been granted a certificate of eligibility for provision of chemical storage
services by a competent authority.
5. A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for producing chemicals
without a chemical warehouse.
6. A fine ranging from
VND 45,000,000 to VND 50,000,000 shall be imposed for each of the following
violations involving the production of banned chemicals:
a) Producing Schedule 1
Chemicals at a single small-scale facility without carrying out the production in
reaction vessels in production lines not configurated for continuous
production;
b) Producing Schedule 1
Chemicals at a single small-scale facility in a case where the volume of a
reaction vessel exceeds 100 liters or the total volume of all reaction vessels
with a volume exceeding 5 liters is more than 500 liters;
c) Producing Schedule 1
Chemicals at one facility outside of the single small-scale facility for
national defense and security purposes in aggregate quantities exceeding 10 kg
per year;
d) Producing Schedule 1
Chemicals at one facility outside of the single small-scale facility for
research, medical or pharmaceutical purposes in quantities of more than 100g
per year for a single chemical or in aggregate quantities exceeding 10 kg per
year;
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7. Additional penalties:
Suspension of the
production or trading of chemicals for a fixed period of 03 - 06 months in
case of commission of the violations specified in clauses 4. 5 and 6 of this
Article.
Article
16. Violations against regulations on production and trading activities
according to certificates of eligibility for production or trading of conditional
chemicals
1. A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed for making any interlineations,
erasures or alterations on the certificate of eligibility for production or
trading of conditional chemicals.
2. A fine ranging from VND
8,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling, or transferring the certificate of eligibility
for production or trading of conditional chemicals;
b) Renting, borrowing,
receiving the pledged, receiving the mortgaged, buying, receiving the
transferred certificate of eligibility for production or trading of conditional
chemicals;
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement
provisions on re-issuance of the certificate of eligibility for production or
trading of conditional chemicals when there is any change to information on the
organization's establishment registration.
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for producing or trading in
conditional chemicals at a location other than the location specified in the
certificate of eligibility for production or trading of conditional chemicals.
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6. Additional penalties:
(Partial) suspension of
the production and trading of the violating chemicals according to the certificate
of eligibility for production or trading of conditional chemicals for a fixed
period of 03 - 06 months in case of commission of the violation specified in
clause 4 of this Article.
7. Remedial measures:
a) Enforced return of the
certificate of eligibility for production or trading of conditional chemicals
on which interlineations, erasures or alterations have been made in case of
commission of the violation specified in clause 1 of this Article to the
competent authority or person issuing the certificate;
b) Enforced disgorgement
of illegal benefits obtained from the violations in clause 2, clause 4 and
clause 5 of this Article.
Article
17. Violations against regulations on production and trading activities
according to certificates of eligibility for production or trading of chemicals
subject to special control
1. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for making any
interlineations, erasures or alterations on the certificate of eligibility for
production or trading of chemicals subject to special control.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for each of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling, or transferring the certificate of eligibility
for production or trading of chemicals subject to special control;
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3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to implement
provisions on re-issuance of the certificate of eligibility for production or
trading of chemicals subject to special control when there is any change to
information on the organization's establishment registration.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for producing or trading in
chemicals subject to special control at a location other than the location or
in excess of the scale specified in the certificate of eligibility for
production or trading of chemicals subject to special control.
5. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for producing or trading in
chemicals subject to special control without a certificate of eligibility for
production or trading of chemicals subject to special control or for continuing
to produce or trade in chemicals subject to special control while the
production or trading of chemicals subject to special control is being
suspended by the competent authority.
6. Additional penalties:
(Partial) suspension of
the production and trading of the violating chemicals according to the
certificate of eligibility for production or trading of chemicals subject to special
control for a fixed period of 06 - 12 months in case of commission of the
violation specified in clause 4 of this Article.
7. Remedial measures:
a) Enforced return of the
certificate of eligibility for production or trading of chemicals subject to special
control on which interlineations, erasures or alterations have been made in
case of commission of the violation specified in clause 1 of this Article to
the competent authority or person issuing the certificate;
b) Enforced disgorgement
of illegal benefits obtained from the violations in clause 2, clause 4 and
clause 5 of this Article.
Article
18. Violations of regulations on regulations on production activities according
to licenses for production of banned chemicals
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2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling or transferring the license for production of
banned chemicals;
b) Renting, borrowing,
receiving the pledged, receiving the mortgaged, buying, receiving the
transferred license for production of banned chemicals.
3. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to implement
provisions on re-issuance of the license for production of banned chemicals
when there is any change to information on the organization's establishment
registration.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for producing banned
chemicals at a location other than the location or in excess of the scale
specified in the license for production of banned chemicals.
5. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for producing banned
chemicals without a license for production of banned chemicals or for
continuing to produce banned chemicals while the production of banned chemicals
is being suspended by the competent authority.
6. Additional penalties:
(Partial) suspension of
the production of the violating chemicals according to the license for
production of banned chemicals for a fixed period of 06 - 12 months in case of
commission of the violation specified in clause 4 of this Article.
7. Remedial measures:
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b) Enforced disgorgement
of illegal benefits obtained from the violations in clause 2, clause 4 and
clause 5 of this Article.
Article
19. Violations against regulations on storage activities according to
certificates of eligibility for provision of chemical storage services
1. A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed for making any interlineations,
erasures or alterations on the certificate of eligibility for provision of
chemical storage services.
2. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling or transferring the certificate of eligibility
for provision of chemical storage services;
b) Renting, borrowing,
receiving the pledged, receiving the mortgaged, buying, receiving the
transferred certificate of eligibility for provision of chemical storage
services.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement
provisions on re-issuance of the certificate of eligibility for provision of
chemical storage services when there is any change to information on the
individual’s or organization's establishment registration.
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for storing chemicals at a
location other than the location specified in the certificate of eligibility
for provision of chemical storage services.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for providing chemical
storage services without a certificate of eligibility for provision of chemical
storage services or for continuing to provide chemical storage services while
the providing chemical storage services is being suspended by the competent
authority.
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(Partial) suspension of
the storage of the violating chemicals according to the certificate of
eligibility for provision of chemical storage services for a fixed period of 03
- 06 months in case of commission of the violation specified in clause 4 of
this Article.
7. Remedial measures:
a) Enforced return of the
certificate of eligibility for provision of chemical storage services on which
interlineations, erasures or alterations have been made in case of commission
of the violation specified in clause 1 of this Article to the competent
authority or person issuing the certificate;
b) Enforced disgorgement
of illegal benefits obtained from the violations in clause 2, clause 4 and
clause 5 of this Article.
Article
20. Violations against regulations on control of chemicals subject to special
control
1. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to prepare a
control sheet for purchase and sale of chemicals subject to special control
within 10 days from the date of delivery for each delivery.
2. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for selling a chemical
subject to special control to an organization that does not have a license for
trading in chemicals subject to special control or to an organization or
individual using chemicals subject to special control without declaring the
type of the chemical and intended uses of the chemical on the specialized
chemical database.
3. Additional penalties:
(Partial) suspension of
the trading of the violating chemicals according to the license for trading in
chemicals subject to special control for a fixed period of 03 - 06 months in
case of commission of the violation specified in clause 2 of this Article.
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Enforced disgorgement of
illegal benefits obtained from the violation in clause 2 of this Article.
Article
21. Violations against regulations on declaration of imported chemicals
1. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for declaring inaccurate
information in the forms on Viet Nam National Single Window and in documents
and electronic data included in the chemical declaration dossier through Viet
Nam National Single Window.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations when declaring imported chemicals on Viet Nam National Single
Window:
a) Failure to attach a
chemical purchase or sale invoice and its Vietnamese translation or failure to
attach the arrival notice in lieu of the commercial invoice in the case of
non-commercial goods without chemical purchase or sale invoices;
b) Failure to attach a
safety data sheet;
c) Failure to update data
to the specialized chemical database after importing chemicals.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to declare
imported chemicals or for declaring inaccurate information on chemicals in
order to be exempt from declaration of imported chemicals.
4. Remedial measures:
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b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
violation specified in clause 3 of this Article.
Article
22. Violations against regulations on export and import of conditional
chemicals and chemicals subject to special control
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for declaring an incorrect
intended use or declaring insufficient prescribed information when importing
conditional chemicals or chemicals subject to special control for intended
uses.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to make
declaration when importing conditional chemicals or chemicals subject to
special control for intended uses.
3. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for exporting or importing
conditional chemicals for commercial purposes without the certificate of
eligibility for trading of conditional chemicals.
4. Remedial measures:
a) Enforced removal from the
territory of the Socialist Republic of Viet Nam or enforced re-export of the
exhibit of the administrative violation within 30 days from the date on which
the decision on penalty imposition is received in case of commission of the
violation specified in clause 3 of this Article; except for imports licensed by
the competent authority within the time limit specified in this point;
b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
violation specified in clause 3 of this Article.
Article
23. Violations against regulations on activities related to licenses for export
or import of chemicals subject to special control
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2. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Leasing, lending,
pledging, mortgaging, selling or transferring the license for export or import
of chemicals subject to special control;
b) Renting, borrowing, receiving
the pledged, receiving the mortgaged, buying, receiving the transferred license
for export or import of chemicals subject to special control.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for importing or exporting
chemicals subject to special control without an export or import license or
expired export or import license.
4. Remedial measures:
a) Enforced return of the
license for export or import of chemicals subject to special control on which
interlineations, erasures or alterations have been made in case of commission
of the violation specified in clause 1 of this Article to the competent
authority or person issuing the license;
b) Enforced removal from
the territory of the Socialist Republic of Viet Nam or enforced re-export of
the exhibit of the administrative violation within 30 days from the date on
which the decision on penalty imposition is received in case of commission of
the violation specified in clause 3 of this Article; except for imports
licensed by the competent authority within the time limit specified in this
point;
c) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
violation specified in clause 3 of this Article.
Article
24. Violations against regulations on declaration of types of chemicals and
intended uses
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a) Declaring insufficient
information on the type of chemical and its intended use;
b) Declaring an incorrect
type of chemical or an incorrect intended use;
c) Declaring information
after 30 days from the date on which the chemical is first put into use or upon
a change of the declared intended use.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to declare
information on the specialized chemical database when using chemicals subject
to special control for the production of goods or provision of services.
3. Additional penalties:
(Partial) suspension of
the use of the violating chemicals for a fixed period of 03 - 06 months in case
of commission of the violation specified in clause 2 of this Article.
Article
25. Violations against regulations on digital transformation in state
management of chemicals
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) Updating information
on chemical activities of the preceding year on the specialized chemical
database or submitting such information to the sector and field managing
ministry or to the provincial sectoral managing authority in the locality where
chemical activities are conducted later than February 15 each year;
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c) Updating information
on chemical activities on the specialized chemical database later than 15 days
after the occurrence of an incident in chemical activities or termination of
chemical activities or at the request of a competent authority.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for each of the following
violations:
a) Updating insufficient
or incorrect information on chemical activities of the preceding year on the
specialized chemical database or in a report submitted to the sector and field
managing ministry or in a report submitted to the provincial sector managing
authority;
b) Updating insufficient
or incorrect information on the specialized chemical database concerning
project implementation according to the schedule of each stage of construction
investment by the chemical project owner in the stage before completing the
work and putting the work into use;
c) Updating insufficient
or incorrect information on the specialized chemical database concerning the
annual conduct of production and trading activities by the chemical project
owner after completing the work and putting the work into use;
d) Updating insufficient
or incorrect information on the specialized chemical database concerning the
production, trading, export and import of products containing hazardous
chemicals;
dd) Updating insufficient
or incorrect information on the specialized chemical database concerning
chemical activities upon occurrence of an incident in chemical activities or
termination of chemical activities or at the request of a competent authority;
e) Updating insufficient
or incorrect information when carrying out authentication, identification or
tracing on the electronic identification and authentication platform after the
Ministry of Public Security makes a declaration.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
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b) Failure to update
information on project implementation according to the schedule of each stage
of construction investment by the chemical project owner in the stage before
completing the work and putting the work into use;
c) Failure to update
annual conduct of production and trading activities by the chemical project
owner after completing the work and putting the work into use on the
specialized chemical database;
d) Failure to update information
on production, trading, export and import of products containing hazardous
chemicals on the specialized chemical database;
dd) Updating information
on chemical activities upon occurrence of an incident in chemical activities or
termination of chemical activities or at the request of a competent authority
on the specialized chemical database;
e) Failure to carry out
authentication, identification or tracing on the electronic identification and
authentication platform after the Ministry of Public Security makes a
declaration.
Article
26. Violations against regulations on classification of chemicals
1. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to use the
Globally Harmonized System of Classification and Labelling of Chemicals (GHS),
Rev. 2 (2007) or later for chemical classification.
2. A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for putting domestically
produced or imported chemicals into use or on the market without carrying out
chemical classification as prescribed.
Article
27. Violations against regulations on safety data sheets
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2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for providing false information
on hazardous chemicals in the safety data sheet.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to provide safety
data sheets to entities using hazardous chemicals to produce other products and
goods.
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to prepare safety
data sheets in Vietnamese language for hazardous chemicals that have been put
into use or on the market.
5. Remedial measures:
Enforced correction of
false information on the safety data sheet in case of commission of the
violation specified in clause 2 of this Article.
Article
28. Violations against regulations on registration and management of new
chemicals
1. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to report to a
competent state agency on the process of operation involving the new chemical
before February 15 every year for a period of 05 years from the date on which new
chemical is registered.
2. A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for failure to register a new
chemical before putting it into use or on the market.
Section
3. VIOLATIONS OF REGULATIONS ON HAZARDOUS CHEMICALS IN PRODUCTS AND GOODS
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations in the process for controlling hazardous chemicals during the
production of products and goods containing hazardous chemicals:
a) Failure to include
provisions on monitoring of composition and concentration of hazardous
chemicals in input materials;
b) Failure to include
provisions on monitoring of composition and concentration of hazardous
chemicals emitted during production;
c) Failure to include
provisions on monitoring of composition and concentration of hazardous
chemicals in finished products;
d) Failure to include
provisions on prevention of the loss of hazardous chemicals.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to promulgate the
process for control of hazardous chemicals during the production of products
and goods containing hazardous chemicals.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to formulate the
process for controlling hazardous chemicals during the production of products
and goods containing hazardous chemicals.
4. Additional penalties:
(Partial) suspension of
the use of the violating chemicals for a fixed period of 01 - 03 months in case
of commission of the violation specified in clause 3 of this Article.
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) Insufficiently or inaccurately
declaring, or failing to have the following information authenticated by a
testing laboratory meeting the requirements specified in clause 5 of Article 31
of Law No. 69/2025/QH15 on Chemicals on the specialized chemical database
(making declaration by production or import consignment): Name of the product
or goods containing hazardous chemicals; Name of the hazardous chemical;
Hazardous properties of the chemical; Concentration; Uses of the product
containing hazardous chemicals;
b) Disclosing insufficient
or inaccurate information on the composition and concentration of hazardous
chemicals and recommendations for restricting the use of products and goods
containing hazardous chemicals on goods labels or the website for the products
and goods.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
a) Failure to declare
information on the concentration of hazardous chemicals in products and goods
on the specialized chemical database (making declaration by production or
import consignment);
b) Failure to disclose
information on the composition and concentration of hazardous chemicals and
recommendations for restricting the use of products and goods containing
hazardous chemicals on goods labels or the website for the products and goods.
c) Failure to retain
dossiers or produce dossiers evidencing the authenticity (e.g. test results,
etc.) of information on the concentration of hazardous chemicals in products
and goods before placing products and goods containing hazardous chemicals on
the market.
Section
4. VIOLATIONS AGAINST REGULATIONS ON ASSURANCE OF SAFETY IN CHEMICAL ACTIVITIES
Article
31. Violations against regulations on satisfaction of requirements for physical
and technical facilities in chemical activities
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2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
acts of failing to satisfy requirements concerning equipment and means for
production, packaging and containers used for chemical activities:
a) Failure to select
equipment and means for chemical production that minimize the risks of chemical
incidents as prescribed by law;
b) Using technical equipment
that fails to satisfy general safety requirements under national standards or
national technical regulations or that is not appropriate to the type of
chemical as prescribed by law;
c) Applying a
technological process that fails to accommodate the production capacity or
chemical trading or storage scale as prescribed by law;
d) Failure to inspect,
calibrate, adjust or maintain in accordance with applicable regulations the
machinery and equipment in respect of machinery, equipment and materials
subject to strict occupational safety and health requirements, and measuring
and testing equipment subject to inspection as prescribed by law;
dd) Using packaging and
containers which are not appropriate to the types of chemicals, are not durable
enough to withstand the impacts of the chemicals, weather, and normal handling
during storage, loading, unloading or transportation or are not sturdy and
airtight as prescribed by law;
e) Failure to separately
store used packaging and containers as prescribed by law;
g) Failure to inspect
chemical packaging and containers or failure to clean used packaging and
containers to eliminate the risk of reactions or explosions before refilling
them with chemicals as prescribed by law;
h) Failure to display all
information required by legal regulations on chemical labeling in respect of
chemical packaging and containers as prescribed by law;
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3. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for each of the following
acts of failing to satisfy requirements concerning equipment for chemical
incident prevention and response, and personal protective equipment used in
chemical activities:
a) Providing chemical
incident prevention and response equipment that fails to properly and fully
meet the requirements specified in the approved chemical incident prevention
and response plan or the chemical incident prevention and response measures
promulgated at the chemical facility;
b) Failure to provide
personal protective equipment of the type, in quantities or of the quality as
specified under technical regulations and standards on occupational safety and
health.
4. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to ensure safety
in accordance with the manufacturer's instructions when using chemicals for
essential consumer and domestic needs as prescribed by law.
Article
32. Violations of regulations on safety assurance in chemical transportation
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for each of the following
acts of failing to satisfy requirements concerning vehicles, equipment and
tanks used for chemical transportation:
a) Using vehicles,
equipment and tanks used for chemical transportation that satisfy general
safety requirements specified in national standards or technical regulations;
vehicles, equipment and tanks used for chemical transportation that minimize
the risks of chemical incidents as prescribed by law;
b) Using chemical tanks,
containers and packaging which are not appropriate to the types of chemicals;
are not durable enough to withstand the impacts of the chemicals, weather, and
normal handling during storage, loading, unloading or transportation or are not
sturdy and airtight; Failure to separately store used packaging; failure to
collect and treat used tanks, containers and packaging that are not reused as
prescribed by law;
c) Using chemical tanks,
containers and packaging that do not bear warnings or labels displaying all the
information required by regulations on chemical labeling. Using chemical labels
which are unclear, illegible or not durable enough to withstand the impacts of
the chemicals, weather, and normal handling during storage, loading, unloading
or transportation as prescribed by law;
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dd) Failure to inspect
transport vehicles and tanks before transporting chemicals to ensure that the
transport vehicles are safe to be driven on roads; failure to clean chemical
packaging and containers, failure to clean used tanks, containers and packaging
to eliminate the risk of reactions or explosions before refilling them with
chemicals as prescribed by law;
e) Failure to keep
measures for chemical incident prevention and response during chemical
transportation in hard or electronic form on the vehicle throughout the
transportation process as prescribed by law.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to register or
inspect or obtain a permit for, the transportation of hazardous chemicals in
accordance with law on transportation of dangerous goods applicable to
vehicles, equipment and tanks used for chemical transportation.
Article
33. Violations against regulations on professional qualification requirements
in chemical activities
1. A fine ranging from VND
15,000,000 to VND 20,000,000 shall be imposed for each of the following acts of
employing a person responsible for chemical safety who fails to satisfy
professional qualification requirements:
a) The person responsible
for chemical safety of an entity that produces chemicals does not hold a
bachelor's degree or higher in a chemistry major on the list provided in
Appendix III to the Government’s Decree No. 25/2026/ND-CP dated January 17,
2026;
b) The person responsible
for chemical safety of an entity that trades in chemicals, stores chemicals,
uses chemicals, treats chemical waste, destroys chemicals or disposes of
chemicals does not hold a diploma or higher in a chemistry major on the list
provided in Appendix III to the Government’s Decree No. 25/2026/ND-CP dated
January 17, 2026;
c) Professional
qualification requirements in chemical activities specified in the law on
transportation of dangerous goods applicable to entities transporting chemicals
are not complied with;
d) Professional
qualification requirements in chemical activities specified in the law on
science and technology applicable to entities conducting researches and tests
on chemicals.
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3. Additional penalties:
Suspension of the
production or trading of chemicals, storage of chemicals, use of chemicals,
treatment of chemical waste, destruction of chemicals or disposal of chemicals
for a fixed period of 01 - 03 months in case of commission of the
violations specified in clause 2 of this Article.
Article
34. Violations against regulations on safety data training
1. A warning shall be
imposed for any of the following violations:
a) Failing to fully
archive chemical safety training dossiers as prescribed;
b) Failure to provide
chemical safety training for persons in Group 1, Group 2 or Group 3 for a
prescribed minimum period.
2. Fines for failure to
organize or failure to assign persons to participate in periodic chemical
safety training courses for persons in Group 3 shall be imposed as follows:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the violation involves fewer
than 10 persons in Group 3;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves from
10 to fewer than 50 persons in Group 3;
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d) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed if the violation involves
from 100 to fewer than 1,000 persons in Group 3;
dd) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be impose if the violation involves
1,000 persons or more in Group 3.
3. Fines for failure to
organize or failure to assign persons to participate in periodic chemical
safety training courses for persons in Group 1 and Group 2 shall be imposed as
follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves
fewer than 10 persons in Group 1 or Group 2;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed if the violation involves
from 10 to fewer than 30 persons in Group 1 or Group 2;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed if the violation involves
from 30 to fewer than 50 persons in Group 1 or Group 2;
d) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed if the violation involves
from 50 to fewer than 100 persons in Group 1 or Group 2;
dd) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be impose if the violation involves 100
persons or more in Group 1 or Group 2.
4. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to archive chemical
safety training dossiers or for archiving chemical safety training dossiers for
a period shorter than the prescribed 03-year period.
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6. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following
violations:
a) Employing a chemical
safety trainer who does not hold a bachelor's degree or higher in a chemistry
major on the list provided in Appendix III to the Government’s Decree No.
25/2026/ND-CP dated January 17, 2026;
b) Employing a chemical
safety trainer who has work experience in a position related to chemical safety
activities for a period less than the standard tenure required of a theoretical
knowledge trainer possessing a bachelor’s degree or higher as prescribed by the
law on occupational safety and health;
c) Engaging a consultancy
which has not been granted a chemical consultant certificate issued by a
competent authority to provide chemical safety training.
7. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to correctly implement
provisions on examinations for assessment of chemical safety training results.
8. Remedial measures:
Enforced cancellation of
chemical safety training results received by the entities conducting chemical
activities in case of commission of the violations specified in point b clause
1, clause 5, clause 6 and clause 7 of this Article.
Article
35. Violations against regulations on implementation of requirements under
chemical incident prevention and response plans and measures
1. Fines for failure to correctly
implement the contents set out in the promulgated chemical incident prevention
and response measures shall be imposed as follows:
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b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement
preventive solutions related to technology, design and equipment serving
production;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 for failure to implement the plan for
inspection and monitoring of sources of potential incidents;
d) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure provide a
sufficient quantity of or maintain effective operation of facilities, equipment
and means used for response to chemical incidents, danger warning systems,
internal and external communication systems in the event of emergencies;
dd) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to provide
equipment and means for response to chemical incidents which suit hazardous
properties of chemicals in areas for production, trading and storage of
hazardous chemicals according to the chemical incident prevention and response
measures established by the chemical production and trading project owner.
2. Fines for failure to
correctly implement the contents set out in the promulgated chemical incident
prevention and response plan shall be imposed as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to implement the
technological equipment inspection, maintenance and servicing plan;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to implement
preventive solutions related to technology, design and equipment serving
production;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 for failure to implement the plan for
inspection and monitoring of sources of potential incidents;
d) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to provide
training to on-site response forces or failure to annually hold chemical
incident exercises specified in the approved chemical incident prevention and
response plan;
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e) A fine ranging from
VND 30,000,000 to VND 35,000,000 shall be imposed for failure to provide
equipment and means for response to chemical incidents which suit hazardous
properties of chemicals in areas for production, trading and storage of
hazardous chemicals according to the approved chemical incident prevention and
response plan.
3. A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for conducting activities at
changed items of a project or chemical facility when the chemical incident
prevention and response plan has not yet been approved or the chemical incident
prevention and response measures have not yet been promulgated.
4. Additional penalties:
Suspension of the storage
of hazardous chemicals at changed items of the project or chemical facility for
a fixed period of 01 - 03 months in case of commission of the violation
specified in clause 3 of this Article.
5. Remedial measures:
Enforced implementation
of measures to remediate environmental pollution if environmental safety is
compromised in case of commission of the violations specified in clauses 1 and
2 of this Article.
Article
36. Violations against regulations on quantities of stored hazardous chemicals
declared in chemical incident prevention and response plans and measures
1. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for each of the following
violations:
a) Storing hazardous chemicals
that are materials, intermediate and finished chemicals that have not been
declared in the promulgated chemical incident prevention and response measures;
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2. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for storing hazardous
chemicals that are raw materials, intermediate chemicals or finished chemicals
not included in the List of hazardous chemicals subject to formulation of a
chemical incident prevention and response plan which have not been declared in
the plan, or for storing such chemicals in a quantity exceeding that declared
in the approved plan.
3. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for storing hazardous
chemicals that are raw materials, intermediate chemicals or finished chemicals
included in the List of hazardous chemicals subject to formulation of a
chemical incident prevention and response plan which have not been declared in
the plan, or for storing such chemicals in a quantity exceeding that declared
in the approved chemical incident prevention and response plan .
4. A fine ranging from
VND 30,000,000 to VND 35,000,000 shall be imposed for storing hazardous
chemicals that are raw materials, intermediate chemicals or finished chemicals
included and not included in the List of hazardous chemicals subject to formulation
of a chemical incident prevention and response plan which have not been
declared in the plan, or for storing such chemicals in a quantity exceeding
that declared in the approved plan.
Article
37. Violations against regulations on formulation, revision and supplementation
of chemical incident prevention and response measures and plans
1. Fines for violations
against regulations on formulation, revision and supplementation of chemical
incident prevention and response measures are prescribed as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to update contents
of the Measures on the national database within 30 working days from the date
on which the decision on promulgation of Measures is available;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for formulating the chemical
incident prevention and response measures without one of its mandatory
contents;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to update the
chemical incident prevention and response measures in the field of industry and
the decision promulgating the Measures on the national database;
d) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to retain the
promulgated chemical incident prevention and response measures at the chemical
facility as a basis for organizations and individuals to conduct safety
controls at the facility and present them to competent authorities upon
request;
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e) A fine ranging from
VND 30,000,000 to VND 35,000,000 shall be imposed for failure to supplement or
revise the chemical incident prevention and response measures where changes
occur during investment, transportation of chemicals or activities related to
the contents set out in the Measures;
g) A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for failure to formulate
chemical incident prevention and response measures while still putting the
project into operation or still transporting chemicals and for failure to
formulate chemical incident prevention and response measures for changed items
in the case where the project owner, organization or individual whose chemical
incident prevention and response plan has been approved expands the scale or
changes the technological line or equipment for production, use or storage of
the project or chemical storage facility but such expansion or change does not
involve hazardous chemicals included in the list of chemicals subject to
formulation of a chemical incident prevention and response plan.
2. Fines for violations
against regulations on formulation, revision and supplementation of a chemical
incident prevention and response plan are prescribed as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to update contents
of the chemical incident prevention and response plan on the national database
within 30 working days from the date on which the decision on approval of the
chemical incident prevention and response plan is available;
b) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to update the
chemical incident prevention and response plan on the national database;
c) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to retain the
approved chemical incident prevention and response plan at the chemical
facility as a basis for organizations and individuals to conduct safety controls
at the facility and present it to competent authorities upon request;
d) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for formulating a chemical
incident prevention and response plan that has not yet been appraised and approved
by a competent authority while still putting the project into operation;
dd) A fine ranging from
VND 30,000,000 to VND 35,000,000 shall be imposed for failure to adjust the
chemical incident prevention and response plan in the case of expanding the scale
or changing the technological line or equipment for production, use or storage
of the project or chemical storage facility or supplementing any type of
hazardous chemical or increasing the maximum quantity of hazardous chemicals
stored at one time where such hazardous chemicals are included in the list of
chemicals subject to formulation of a chemical incident prevention and response
plan;
e) A fine ranging from
VND 35,000,000 to VND 40,000,000 shall be imposed for failure to formulate a
chemical incident prevention and response plan during production, trading, use
or storage of hazardous chemicals while still putting the project into
operation or for failure to formulate and submit a chemical incident prevention
and response plan to a competent authority for appraisal and approval in the
case where chemical incident prevention and response measures have been
promulgated but changes made during investment and operation result in the
project or facility becoming subject to formulation of a chemical incident
prevention and response plan.
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Suspension of the storage
of hazardous chemicals for a fixed period of 01 - 03 months in case of
commission of the violations specified in point g clause 1 and point e clause 2
of this Article.
Section
5. VIOLATIONS AGAINST REGULATIONS ON REPORTING AND INSPECTION OF Scheduled
chemicals
Article
38. Violations against regulations on reporting production, trading,
processing, consumption and storage of Scheduled chemicals
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to submit reports
on Scheduled chemicals within the prescribed time limit.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for submitting reports that
do not accurately reflect the actual production, trading, processing,
consumption or storage of Scheduled chemicals.
3. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to submit reports
on Scheduled chemicals.
Article
39. Violations against regulations on reporting of export and import of
Scheduled chemicals
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to submit reports
on Scheduled chemicals within the prescribed time limit.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for submitting reports that
do not accurately reflect the actual export or import of Scheduled chemicals.
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4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to have data on
export and import of Scheduled chemicals verified by the Organization for the
Prohibition of Chemical Weapons or the Ministry of Industry and Trade in
cooperation with the Vietnamese National Authority.
Article
40. Violations against regulations on retention of information about and list
of buyers of Scheduled chemicals
1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to retain
information about and list of buyers of Scheduled chemicals for a period of at
least 05 years.
2. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to retain
information about and list of buyers of Scheduled chemicals as prescribed.
Article
41. Violations against regulations on inspection of Schedule chemical
facilities
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:
a) Assigning officials
who are unauthorized or unknowledgeable about the operations of the Scheduled
chemical facility to work with the Inspection Team of the Organization for the
Prohibition of Chemical Weapons;
b) Failure to prepare
sufficient dossiers, documents, maps, drawings and books necessary to work with
the Inspection Team.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed in case of re-commission of
the violation specified in clause 1 of this Article.
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Section
6. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF INSECTICIDAL AND GERMICIDAL
CHEMICALS AND PREPARATIONS
Article
42. Violations against regulations on conditions for production of insecticidal
and germicidal preparations
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Failure to employ a
full time person in charge of chemical safety that obtains at least a diploma
in chemistry at the production facility;
b) Failure to establish a
testing laboratory to test composition and content of active ingredients in the
preparations produced by the facility or failure to enter into a contract with
a qualified testing facility as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed:
a) Upon a production
facility for its failure to notify the Department of Health of the province
where it is headquartered of the change of its name or address within 15 days
from the date on which any such change occurs; or
b) Upon a production
facility for its failure to notify the Department of Health of the locality
where it is headquartered of any changes (if any) other than those specified in
point a of this clause for annual information updates; or
c) For producing an
insecticidal or germicidal preparation when the name, address and telephone
number of the production facility have not been published on the website of the
Department of Health of the province where the production facility is
headquartered.
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4. Additional penalties:
a) Suspension of the
production of insecticidal or germicidal preparations for a fixed period of 01
- 03 months in case of commission of the violations specified in clause 1 and
points a and b clause 2 of this Article;
b) Suspension of the
production of insecticidal or germicidal preparations for a fixed period of 03
- 06 months in case of commission of the violation specified in point c clause
2 of this Article.
5. Remedial measures:
Enforced adoption of
remedial measures against the failure to satisfy regulations on conditions for
production of insecticidal or germicidal chemicals or preparations in case of
commission of the violation specified in clause 1 of this Article.
Article
43. Violations against regulations on production of insecticidal and germicidal
preparations
1. A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed for failure to retain results of
testing of composition and content of active ingredients of insecticidal or
germicidal preparations produced by a facility with respect to each batch of
preparations before release for a period equal to the expiry date of such
batch.
2. Fines for the use of
expired insecticidal or germicidal chemicals or preparations in production are
as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is less than 05 kilograms (or liters);
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c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 20 kilograms (or liters) to less than 100 kilograms (or
liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 100 kilograms (or liters) to less than 300 kilograms (or
liters);
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 300 kilograms (or liters) to less than 500 kilograms (or
liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 500 kilograms (or liters) to less than 1,000 kilograms (or
liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is 1,000 kilograms (or liters) or more.
3. Fines for the
production of insecticidal or germicidal preparations that fail to meet the
quality specifications set out in the dossier on registration of such
insecticidal or germicidal preparations as approved by the competent state
management agency are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is less than 05 kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced from 05 kilograms (or liters) to less than 20 kilograms (or liters);
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 20 kilograms (or liters) to less than 100 kilograms (or
liters);
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dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 300 kilograms (or liters) to less than 500 kilograms (or
liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is from 500 kilograms (or liters) to less than 1,000 kilograms (or
liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation produced, the total quantity of the finished product
produced is 1,000 kilograms (or liters) or more.
4. Additional penalties:
Suspension of the
production of insecticidal or germicidal preparations for household and medical
use for a fixed period of 03 - 06 months in case of commission of the
violations specified in clauses 2 and 3 of this Article.
5. Remedial measures:
a) Enforced recall of the
insecticidal or germicidal preparation for household and medical use in case of
commission of the violations specified in clauses 2 and 3 of this Article;
b) Enforced recycling of
the insecticidal or germicidal preparation for household and medical use that
are still recyclable. In case of failure to carry out recycling, enforced
destruction of the insecticidal or germicidal chemical or preparation in case
of commission of the violation specified in clause 3 of this Article;
c) Enforced destruction
of the insecticidal or germicidal chemical or preparation for household and medical
use in case of commission of the violation specified in clause 2 of this
Article.
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1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following
violations:
a) A person in charge of
chemical safety that obtains at least a diploma in chemistry is not available;
b) The area where
insecticidal and germicidal preparations are sold is not separated from the
area where foods are sold;
c) One of the storage
conditions written on the label of the insecticidal or germicidal preparation
for household and medical use is not satisfied;
d) First aid kits fail to
satisfy first aid requirements written on the label of the insecticidal or
germicidal preparation.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to provide first
aid kits in accordance with requirements written on the insecticidal or
germicidal preparation label.
3. Additional penalties:
Suspension of the trading
in the insecticidal or germicidal preparation for household and medical use for
a fixed period of 01 - 03 months in case of commission of the violations
specified in clauses 1 and 2 of this Article.
Article
45. Violations against regulations on conditions to be satisfied by
preparations-used insecticidal and germicidal service providers
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a) How to read
information on labels of insecticidal and germicidal chemicals and preparations;
b) Insect and germ
control techniques appropriate to the services provided;
c) Safe use and disposal
of insecticidal and germicidal preparations;
d) Failure to update
information in the dossier on declaration of eligibility for provision of preparations-used
insecticidal and germicidal services within the prescribed time limit.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to update
information in the dossier on declaration of eligibility for provision of
preparations-used insecticidal and germicidal services when there is one of the
changes to the conditions for provision of preparations-used insecticidal and
germicidal services as prescribed by law;
b) Failure to carry out
procedures for re-declaring eligibility for provision of preparations-used
insecticidal and germicidal services;
c) Providing
preparations-used insecticidal and germicidal services when the name, address
and telephone number of the production facility have not been published on the
website of the Department of Health of the province where the production
facility is headquartered.
3. Additional penalties:
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b) Suspension of the
provision of preparations-used insecticidal and germicidal services for a fixed
period of 03 - 06 months in case of commission of the violation specified in
point c clause 2 of this Article.
Article
46. Violations against regulations on trading in insecticidal and germicidal
preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for providing insufficient or
inaccurate information about hazardous properties of insecticidal or germicidal
chemicals and preparations to entities using preparations.
2. Fines for the trading
of expired insecticidal and germicidal chemicals and preparations are as
follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is less than 05 kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is from 05 kilograms (or liters) to less than 20 kilograms (or liters);
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is from 20 kilograms (or liters) to less than 100 kilograms (or liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is from 100 kilograms (or liters) to less than 300 kilograms (or
liters);
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is from 300 kilograms (or liters) to less than 500 kilograms (or
liters);
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g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation traded, the total quantity of the finished product
traded is 1,000 kilograms (or liters) or more.
3. Additional penalties:
Suspension of the trading
of insecticidal or germicidal preparations for a fixed period of 03 - 06 months
in case of commission of the violation specified in clause 2 of this Article.
4. Remedial measures:
Enforced recall and destruction
of the insecticidal or germicidal preparation in case of commission of the
violation specified in clause 2 of this Article.
Article
47. Violations against regulations on import of insecticidal and germicidal
preparations
1. Fines for the import
of insecticidal or germicidal preparations that fail to meet the quality
specifications set out in the dossier on registration of such insecticidal or
germicidal preparations as approved by the competent state management agency
are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is less than 05 kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is from 05 kilograms (or liters) to less than 20 kilograms (or
liters);
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d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is from 100 kilograms (or liters) to less than 300 kilograms (or
liters);
dd) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is from 300 kilograms (or liters) to less than 500 kilograms (or
liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is from 500 kilograms (or liters) to less than 1,000 kilograms (or
liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation imported, the total quantity of the finished product
imported is 1,000 kilograms (or liters) or more.
2. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Viet Nam or enforced re-export of
the exhibit of the administrative violation within 30 days from the date on
which the decision on penalty imposition is received in case of commission of
the violation specified in clause 1 of this Article; except for imports
licensed by the competent authority within the time limit specified in this
point;
b) Enforced payment of an
amount equal to the value of the exhibit of the administrative violation that
has been sold, concealed and disguised or destroyed in contravention of the law
in case of commission of the violation specified in clause 1 of this Article.
Article
48. Violations against regulations on use of insecticidal and germicidal
chemicals and preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to follow the
instructions for use of insecticidal and germicidal preparations for household
and medical use written on their label or instructions for use accompanying the
preparations, thereby threatening safety of oneself, the environment or the
community.
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a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
less than 05 kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
from 05 kilograms (or liters) to less than 20 kilograms (or liters);
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
from 20 kilograms (or liters) to less than 100 kilograms (or liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
from 100 kilograms (or liters) to less than 300 kilograms (or liters);
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
from 300 kilograms (or liters) to less than 500 kilograms (or liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
from 500 kilograms (or liters) to less than 1,000 kilograms (or liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation used, the total quantity of the finished product used is
1,000 kilograms (or liters) or more.
3. Remedial measures:
Enforced destruction of
the insecticidal or germicidal chemical or preparation in case of commission of
the violation specified in clause 2 of this Article.
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1. A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Failure to ensure
technical safety requirements for the transportation of chemicals and
preparations applicable to means of transport;
b) Failure to satisfy
requirements for packaging, casks or containers during transportation;
c) Transporting insecticidal
and germicidal chemicals and preparations for household and medical use
together with food, food products, drinks, medicines and other consumables.
2. Fines for the
transportation of expired insecticidal and germicidal chemicals and preparations
are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is less than 05 kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is from 05 kilograms (or liters) to less than 20 kilograms (or
liters);
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is from 20 kilograms (or liters) to less than 100 kilograms (or liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is from 100 kilograms (or liters) to less than 300 kilograms (or
liters);
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e) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is from 500 kilograms (or liters) to less than 1,000 kilograms (or
liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if, for each insecticidal or
germicidal preparation transported, the total quantity of the finished product
transported is less than 1,000 kilograms (or liters).
3. Remedial measures:
Enforced destruction of
the insecticidal or germicidal chemical or preparation in case of commission of
the violation specified in clause 2 of this Article.
Article
50. Violations against regulations on testing of insecticidal and germicidal
chemicals and preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to update
information in the dossier on declaration of eligibility for testing of
insecticidal and germicidal preparations when there is one of the changes to
conditions for testing as prescribed by law.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) A person in charge of
the testing division who obtains at least 03 years’ experience in testing
insecticidal and germicidal preparations is not available;
b) The testing laboratory
is not managed and operated according to ISO 17025:2005 or ISO 15189:2012 or
its updated version;
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3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to submit, or
failure to fully submit as prescribed, the dossier on declaration of
eligibility for testing of insecticidal and germicidal preparations to the
Department of Health prior to testing in accordance with law;
b) Failure to maintain
the fulfillment of conditions by the facility conducting testing of
insecticidal and germicidal preparations for household and medical use
according to the published dossier;
c) Testing insecticidal
and germicidal preparations for household and medical use when the name,
address and telephone number of the testing facility; list of testing
procedures which the testing facility declares its eligibility to
undertake have not been published on the website of the Department of
Health.
4. Additional penalties:
a) Suspension of the
testing of insecticidal and germicidal preparations for household and medical
use for a fixed period of 01 - 03 months in case of commission of the
violations specified in clauses 1 and 2 and points a and b clause 3 of this
Article;
b) Suspension of the
testing of insecticidal and germicidal preparations for household and medical
use for a fixed period of 03 - 06 months in case of commission of the
violations specified in point c clause 3 of this Article.
5. Remedial measures:
Enforced adoption of
remedial measures against the failure to satisfy regulations on the maintenance
of fulfillment of conditions by the facility conducting testing of insecticidal
and germicidal preparations for household and medical use as prescribed in
clause 2 of this Article.
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1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to update
information in the dossier on declaration of eligibility for quality control of
insecticidal and germicidal preparations when there is one of the changes to
conditions for quality control as prescribed by law.
2. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for each of the following
violations:
a) Failure to maintain
and ensure the fulfillment of conditions by the facility conducting quality
control of insecticidal and germicidal preparations for household and medical
use according to the published dossier;
b) Conducting quality
control of insecticidal and germicidal preparations without declaring
eligibility as prescribed by law.
3. Additional penalties:
a) Suspension of the
quality control of insecticidal and germicidal preparations for household and
medical use for a fixed period of 01 - 03 months in case of commission of the
violation specified in point a clause 2 of this Article;
b) Suspension of the
quality control of insecticidal and germicidal preparations for household and
medical use for a fixed period of 03 - 06 months in case of commission of the
violation specified in point b clause 2 of this Article.
4. Remedial measures:
Enforced adoption of
remedial measures against the failure to satisfy regulations on maintaining and
ensuring fulfillment of conditions by the facility conducting quality control
of insecticidal and germicidal preparations for household and medical use as
prescribed in point a clause 2 of this Article.
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1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Leasing or lending the
marketing authorization;
b) Making any
interlineations, erasures or alterations on the marketing authorization or
written approval of additional marketing authorization;
c) Failure to archive the
original dossier at the applicant’s premises in case of applying for the
marketing authorization online unless the document is created entirely in
electronic form and bears a valid digital signature of the competent person;
d) Failure to apply for
additional marketing authorization for a preparation in case of change of the
ownership of the marketing authorization number; change of name of the
preparation; change of producer’s location or change of the producer; change of
name or contact address of the applicant, name of the producer or production
address and change of uses, dosage, method of use, active ingredient content,
synergist additive content, form of the preparation, expiry date or source of
active ingredient.
2. Remedial measures:
a) Enforced disgorgement
of illegal benefits obtained from the violation in point a clause 1 of this
Article;
b) Enforced return of the
marketing authorization and written approval of additional marketing
authorization (if any) in case of commission of the violation specified in
point b clause 1 of this Article to the competent authority or person granting
the marketing authorization.
Section
7. VIOLATIONS AGAINST REGULATIONS ON INDUSTRIAL EXPLOSIVE MATERIAL ACTIVITIES
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1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failing to submit a
periodic report on production, trading and use of industrial explosive
materials or explosive precursors within the prescribed time limit;
b) Reporting incorrect
data on production, trading and use of industrial explosive materials or
explosive precursors;
c) Failure to be subject
to or obstructing the inspection of industrial explosive material or explosive
precursor activities by competent authorities.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failing to submit an
ad hoc report on industrial explosive material or explosive precursor
activities within the prescribed time limit;
b) Archiving insufficient
dossiers and documents about industrial explosive material or explosive
precursor activities;
c) Failure to promptly
notify the licensing authority when licenses or certificates are lost.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
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b) Failing to submit ad
hoc reports on industrial explosive material or explosive precursor activities;
c) Failure to archive
dossiers and documents about industrial explosive material or explosive
precursor activities.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Failure to fully carry
out risk assessment of safety risks associated with industrial explosive
activities;
b) Failure to fully
implement the emergency response plan in industrial explosive activities;
c) Failure to conduct
safety risk assessment on an annual basis or upon any change relating to safety
conditions in industrial explosive material activities;
d) Failure to review and
update the emergency response plan on an annual basis or upon any change
relating to the emergency response in industrial explosive material activities.
5. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Failure to carry out
assessment of safety risks in industrial explosive material activities;
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6. Remedial measures:
Enforced correction of
false information specified in the report on production and trading of
industrial explosive materials or explosive precursors in case of commission of
the violation specified in point b clause 1 of this Article.
Article
54. Violations against regulations on personnel involved in industrial
explosive material and explosive precursor activities
1. A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed for any one of the following
violations:
a) Failure to provide
industrial explosive material or explosive precursor engineering safety
training as prescribed;
b) Failure to design
industrial explosive material or explosive precursor safety training documents
or designing design industrial explosive material or explosive precursor safety
training documents whose contents are insufficient as prescribed;
c) Selecting an
unqualified trainer to provide industrial explosive material or explosive
engineering precursor safety training as prescribed.
2. A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Employing unqualified
persons in industrial explosive material activities;
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3. Additional penalties:
Suspension of industrial
explosive material or explosive precursor activities for a fixed period of 03 -
06 months in case of commission of the violations specified in clauses 1 and 2
of this Article.
Article
55. Violations against regulations management of licenses and certificates
pertaining to management and use of industrial explosive materials and
explosive precursors
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to send a
written notification to the provincial People's Committee at least 10 days
before carrying out activities involving the use of industrial explosive
materials or blasting services according to the license; failure to notify the
People's Committee of the commune where blasting is carried out at least 24
hours before blasting;
b) Giving an insufficient
or inaccurate notice before carrying out activities involving the use of
industrial explosive materials or blasting services according to the license.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Buying, selling,
exchanging, gifting, giving, borrowing, leasing, lending or pledging the
license or certificate pertaining to management and use of industrial explosive
materials and explosive precursors;
b) Producing,
transporting or using industrial explosive materials or explosive precursors in
excess of the scale or quantity specified in the license or certificate
pertaining to management and use of industrial explosive materials and
explosive precursors;
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3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for the act of appropriating,
forging or making erasures or alterations on the license or certificate
pertaining to management and use of industrial explosive materials and
explosive precursors where such act does not give rise to criminal liability.
4. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Misusing the license
to use industrial explosive materials to trade in or provide industrial
explosive materials to other entities where such act does not give rise to
criminal liability;
b) Misusing the license
to use industrial explosive materials to provide blasting services or blast
mines in a place other than that specified in the license where such act does
not give rise to criminal liability.
5. Additional penalties:
a) Confiscation of the
exhibit of the administrative violation in case of commission of the violation
specified in point a clause 4 of this Article;
b) Suspension of license
or certificate pertaining to management and use of industrial explosive
materials and explosive precursors for a fixed period of 03 - 06 months in case
of commission of the violation specified in clause 2 of this Article;
c) Suspension of the
license or certificate pertaining to management and use of industrial explosive
materials and explosive precursors for a fixed period of 18 - 24 months in case
of commission of the violation specified in clause 4 of this Article.
6. Remedial measures:
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b) Enforced return of the
license or certificate pertaining to management and use of industrial explosive
materials and explosive precursors on which interlineations, erasures or
alterations have been made in case of commission of the violation specified in
clause 3 of this Article to the competent authority or person issuing the
license or certificate ;
c) Enforced payment of an
amount equal to the value of the exhibit or instrumentality used to commit the
administrative violation that has been sold, concealed and disguised or
destroyed in contravention of the law in case of commission of the violation specified
in point a clause 4 of this Article.
Article
56. Violations against regulations on researching, testing and producing
industrial explosive materials and explosive precursors
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for packaging industrial
explosive materials against the standard or technical regulation the conformity
with which has been declared.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Researching,
developing or testing an industrial explosive material against the contents or
conditions prescribed in the approved research protocol;
b) Failure to carry out
inspection before use or to carry out periodic inspection during use of
machinery, equipment and supplies subject to strict requirements for
occupational safety and health;
c) Failure to request a
competent state agency to approve an additional task for research, development
or testing of an industrial explosive material product at ministerial level
when there is a change in the name, objectives, contents, schedule or products
of the task.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
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b) Failure to conduct
sufficient tests and assessments of industrial explosive materials as
prescribed by law;
c) Producing an
industrial explosive material or explosive precursor of a type different from
that specified in the certificate of eligibility;
d) Failure to classify
and label goods as prescribed by law.
4. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Researching,
developing or testing an industrial explosive material being permitted or
tasked by the competent state agency;
b) Producing an
industrial explosive material or explosive precursor without a certificate of
eligibility for production of industrial explosive materials and explosive
precursors granted by the competent authority;
c) Changing technology,
equipment, premises or factory for production of industrial explosive materials
without the permission of the competent authority;
d) Failure to test or
deliberately falsifying the result of testing of an industrial explosive
material.
5. Additional penalties:
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b) Suspension of the
certificate of eligibility for production of industrial explosive materials and
explosive precursors for a fixed period of 03 - 06 months in case of commission
of the violations specified in point c clause 3 and point c clause 4 of this
Article;
c) Suspension of research
and production of industrial explosive materials for a fixed period of 03 - 06
months in case of commission of the violations specified in points a and b
clause 4 of this Article.
6. Remedial measures:
a) Enforced restoration
of the original condition changed by the violation in point c clause 4 of this
Article;
b) Enforced adoption of
remedial measures against the failure to ensure safety during the production,
testing and assessment of industrial explosive materials in case of commission
of the violations specified in points a and b clause 3 of this Article;
c) Enforced payment of an
amount equal to the value of the exhibit or instrumentality used to commit the
administrative violation that has been sold, concealed and disguised or
destroyed in contravention of the law in case of commission of the violations
specified in clause 2, point b clause 3 and points a and b clause 4 of this
Article.
Article
57. Violations against regulations on storage of industrial explosive materials
and explosive precursors
1. A fine ranging from
VND 500,000 to VND 2,000,000 shall be imposed for any one of the following
violations:
a) Failure to have
internal rules and regulations on ensuring security and order, safety, and fire
prevention and fighting for warehouses of industrial explosive materials and
explosive precursors;
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c) Failing to design and
post procedures for arranging, storing, releasing and receiving industrial
explosive materials or explosive precursors in warehouses;
d) Failure to have a
logbook to record information about persons’ entry into and exit from the industrial
explosive material warehouse during a shift;
dd) Failure to record or
update information about persons’ entry into and exit from the warehouse of
industrial explosive materials during a shift or recording incorrect
information about persons’ entry into and exit from the warehouse of industrial
explosive materials during a shift.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to formulate a
plan to maintain security and order in the warehouse of industrial explosive
materials or explosive precursors as prescribed by law;
b) Failure to seal or
lock the warehouse of industrial explosive materials;
c) Failure to provide
sufficient security guards in the warehouse of industrial explosive materials
as prescribed.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Violating technical
regulations on safety of industrial explosive materials during their storage;
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c) Constructing or
inadequately equipping, or improperly equipping, support instruments, means or
works for protecting and guarding the warehouse of industrial explosive
materials or explosive precursors;
d) Failure to guard or
protect the area where industrial explosive materials are stored as prescribed.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Allowing another
entity to store their industrial explosive materials or rent an industrial
explosive material warehouse without a written contract or a document about
transfer of industrial explosive materials for storage issued by the competent
authority;
b) Storing industrial
explosive materials in excess of the storage capacity specified the approved
design dossier;
c) Stockpiling industrial
explosive materials belonging to the national reserve at a warehouse or
location other than that prescribed;
d) Failure to adhere to
regulations of law on construction investment and management of quality of
works or technical regulations when constructing, expanding or renovating a
warehouse of industrial explosive materials;
dd) Deliberately
falsifying the industrial explosive material receipt/release record or blasting
passport with a view to causing loss of industrial explosive materials.
5. A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for any one of the following
violations:
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b) Losing explosive
precursors due to failure to deploy security guards and organize round-the-clock
guarding.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for losing industrial
explosive materials in the warehouse of industrial explosive materials.
7. Additional penalties:
a) Suspension of the
storage of industrial explosive materials or explosive precursors for a fixed
period of 06 – 12 months in case of commission of the violation specified in
clause 5 of this Article.
b) Suspension of the
license or certificate pertaining to management and use of industrial explosive
materials for a fixed period of 06 - 12 months in case of commission of the
violation specified in clause 6 of this Article.
8. Remedial measures:
a) Enforced adoption of
remedial measures against the failure to ensure security and safety during the
storage of industrial explosive materials; during the construction and
equipment of support instruments, means and works for protection and guarding
in the warehouse of industrial explosive material warehouses in case of
commission of the violations specified in points a and c clause 3 of this
Article;
b) Enforced movement of
stockpiled industrial explosive materials to the designated warehouse or
location in case of commission of the violations specified in points a, b and c
clause 4 and clause 5 of this Article.
Article
58. Violations against regulations on transportation of industrial explosive
materials and explosive precursors
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2. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to use any
symbol or sign when transporting industrial explosive materials as prescribed
by law;
b) Failure to deploy
security guards while loading or unloading industrial explosive materials.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to deploy
escorts or deploying inadequate escorts when transporting industrial explosive
materials as prescribed by law;
b) Failure develop an
emergency response plan and security and order assurance measures as
prescribed;
c) Stopping or parking a
vehicle that transports industrial explosive materials due to an incident
without putting up a dangerous incident warning sign as prescribed;
d) Loading or
transferring industrial explosive materials to another vehicle against
regulations while in transit;
dd) Losing the license
for transportation of industrial explosive materials; failure to notify in
writing the authority that issued the transportation license after completing
the transportation. Losing the license for transportation of industrial explosive
materials; failure to return the license for transportation of industrial
explosive materials within the prescribed time limit after completing the
transportation.
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a) Transporting an
industrial explosive material or explosive precursor of a type other than that
specified in the transportation license or order;
b) Violating technical
regulations on safety of industrial explosive materials during the
transportation of industrial explosive materials;
c) Using a vehicle that
fails to satisfy the conditions prescribed by the standard or technical
regulation on engineering safety in industrial explosive material activities so
as to transport industrial explosive materials.
5. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Failure to transport
industrial explosive materials on the route specified in the transportation
license;
b) Stopping or parking a
vehicle that transports industrial explosive materials in prohibited locations
as prescribed by law;
c) Loading or unloading
industrial explosive materials in prohibited locations as prescribed.
6. A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for transporting industrial
explosive materials without a license for transportation of industrial
explosive materials as prescribed where such act does not give rise to criminal
liability.
7. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for losing industrial
explosive materials during transportation.
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract
for purchase or sale of industrial explosive materials or explosive precursors
as prescribed.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for refusing to re-purchase
the underused or unused industrial explosive materials from organizations
lawfully using industrial explosive materials when the latter wish to sell
them.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for releasing or receiving
industrial explosive materials for national reserve of a type, quantity,
specifications and quality not specified in the nation reserve plan.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Exporting or importing
an industrial explosive material or explosive precursor of a type, quality or
quantity that is not specified in the license for export or import of
industrial explosive materials or explosive precursors where such act does not
give rise to criminal liability;
b) Selling an
organization using industrial explosive materials an industrial explosive
material of a type, quality or quantity that is not specified in the license
for export or import of industrial explosive materials or explosive precursors
where such act does not give rise to criminal liability;
5. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for selling an industrial
explosive material to an organization without a license or certificate
pertaining to management and use of industrial explosive materials or an
organization with an expired license or certificate pertaining to management
and use of industrial explosive materials or an organization whose operation
has been suspended or temporarily suspended by the competent authority or whose
license or certificate pertaining to management and use of industrial explosive
materials has been revoked where such act does not give rise to criminal
liability.
6. Additional penalties:
Suspension of the license
for trading of industrial explosive materials for a fixed period of 18 - 24
months in case of commission of the violation specified in clause 5 of this
Article.
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a) Enforced disgorgement
of illegal benefits obtained from the violation in clauses 1 and 5 of this
Article;
b) Enforced removal from
the territory of the Socialist Republic of Viet Nam or enforced re-export of
exhibits of the administrative violation within 30 days from the date on which
the decision on penalty imposition is received in case of commission of the
violation specified in point a clause 4 of this Article; except for imports
licensed by the competent authority within the time limit specified in this
point;
c) Enforced payment of an
amount equal to the value of the exhibit that has been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
violation specified in point a clause 4 of this Article.
Article
60. Violations against regulations on use of industrial explosive materials,
blasting services
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for blasting mines without a
lead blaster.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Preparing a blasting
passport containing insufficient contents; failure to prepare a blasting
passport in conformity with the license for use of industrial explosive
materials or the approved blasting plan;
b) Failure to deploy
guards or failure to put up any danger signs or signs at the boundary of the
danger zone during blasting;
c) Failure to register or
notify, or failure to properly follow the prescribed sequence of blasting
signals and all-clear signals that have been registered or notified.
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a) Violating technical
regulations on safety of industrial explosive materials during the use of
industrial explosive materials;
b) Failure to supervise
the impacts of blasting on the works and objects that need protection within
the affected area as prescribed;
c) Failure to carry out
inspection before use or to carry out periodic inspection during use of
machinery, equipment and supplies subject to strict requirements for
occupational safety and health;
d) Failure to establish a
written agreement between the hiring party and the blasting service provider,
with the participation of a representative of the industrial explosive material
managing authority of the locality where the industrial explosive materials are
used, to define the permitted scope of blasting services and the
safety-compliant blasting methods.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Failure to prepare a
blasting passport; changing the type of an industrial explosive material,
blasting control method or quantity of industrial explosive materials used beyond
the scale of the blasting site specified in the blasting license, blasting
design or blasting plan that has been approved;
b) Entering into a
blasting service contract with an organization that does not have a blasting
license as prescribed; entering into a blasting service contract with an
organization that does not satisfy the conditions for hiring blasting services
as prescribed.
5. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any one of the following
violations:
a) Using industrial
explosive materials as the blasting design or plan has not been approved or
permitted by a competent authority when blasting mines within a residential
area, medical examination and treatment establishment, area where historic and
cultural sites/monuments exist, natural reserve, work serving security and
national defense purposes or any other work of national significance or other
protected area as prescribed by law where such act does not give rise to
criminal liability;
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6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Using industrial
explosive materials in a location that fails to satisfy security and safety
requirements;
b) Using an explosive
material without a license for use of explosive materials or license for
provision of blasting services or beyond the scope of the license or with an
expired license where such act does not give rise to criminal liability;
c) Failure to re-sell
industrial explosive materials that remain of satisfactory quality and are no
longer needed to an organization trading in industrial explosive materials or
failure to re-sell explosive precursors that are underused or no longer needed
to an organization producing or trading in explosive precursors;
d) Purchasing industrial
explosive materials or explosive precursors from an entity not authorized to
trade in industrial explosive materials or explosive precursors where such act
does not give rise to criminal liability;
dd) Failure to return the
leftover industrial explosive materials to the warehouse after the blasting is
done;
e) Losing industrial
explosive materials.
7. Additional penalties:
a) Confiscation of the
exhibit or instrumentality of the administrative violation in case of
commission of the violation specified in point b clause 5 of this Article;
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c) Suspension of the
license for use of industrial explosive materials for a fixed period of 18 - 24
months in case of commission of the violation specified in points d and dd
clause 6 of this Article.
8. Remedial measures:
a) Enforced restoration
of the original condition changed by the violation in point a clause 3 of this
Article;
b) Enforced nullification
of the contract signed in contravention of regulations in case of commission of
the violation specified in point b clause 4 of this Article;
c) Enforced payment of an
amount equal to the value of the exhibit or instrumentality due to commission
of the violation specified in point b clause 5 of this Article.
Article
61. Violations against regulations on inspection, testing and destruction of
industrial explosive materials
1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to conduct
periodic testing of industrial explosive materials;
b) Failing to prepare a
record of destruction of the industrial explosive materials that has been
degraded or is permitted for destruction as prescribed.
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a) Failure to destroy the
degraded industrial explosive material;
b) Failure to notify the
state competent agency of the destruction of industrial explosive materials.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for violating technical
regulations on safety of industrial explosive materials during destruction.
4. Remedial measures:
Enforced destruction of
the degraded industrial explosive material in case of commission of the
violation specified in point a clause 2 of this Article.
Chapter
III
POWER TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND MAKE RECORDS OF
ADMINISTRATIVE VIOLATIONS
Article
62. Power to impose penalties for administrative violations of Chairpersons of
People’s Committees at all levels
1. Chairpersons of
commune-level People’s Committees have the power to:
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b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
2. Chairpersons of
provincial People’s Committees have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
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Article
63. Power of heads of agencies performing state management tasks by fields and
sectors
1. Within the scope of
their respective state management by fields and sectors, Directors of
Departments of Industry and Trade, Finance, Health, and Agriculture and
Environment of provinces and cities have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 for administrative violations in the field of chemicals; up to
VND 80,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period by fields and sectors under their charge;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
2. Director General of
Viet Nam Chemicals Agency (Ministry of Industry and Trade), Director General of
Industrial Safety Techniques and Environment Agency (Ministry of Industry and
Trade), Director General of Viet Nam Administration of Disease Prevention
(Ministry of Health) and Director General of Plant Production and Protection
Department (Ministry of Agriculture and Environment) have the power to:
a) Issue warnings;
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c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
3. Within the scope of
their respective state management by fields and sectors, heads of examination
teams established by Director General of Viet Nam Chemicals Agency (Ministry of
Industry and Trade), Director General of Industrial Safety Techniques and
Environment Agency (Ministry of Industry and Trade), Director General of Viet
Nam Administration of Disease Prevention (Ministry of Health) and Director
General of Plant Production and Protection Department (Ministry of Agriculture
and Environment) have the power to impose penalties as prescribed in clause 1
of this Article.
Heads of examination
teams established by Ministers of Industry and Trade, Health, and Agriculture
and Environment have the power to impose penalties as prescribed in clause 2 of
this Article.
Article
64. Power to impose penalties for administrative violations of inspectors
1. Heads of Viet Nam
Maritime Inspectorate, Viet Nam Aviation Inspectorate, Inspectorate of Viet Nam
Fire and Rescue Police Department, provincial Public Security Departments;
Heads of Inspectorate at military zone level and Inspectorate of Hanoi Capital
Command have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
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d) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
2. Chief Inspector of
Viet Nam Maritime Inspectorate; Chief Inspector of Viet Nam Aviation
Inspectorate; Chief Inspector of National Defense Inspectorates of military
zones; Chief Inspector of National Defense Inspectorate of Hanoi Capital
Command; Chief Inspector of Inspectorate of Viet Nam Fire and Rescue Police
Department; Chief Inspectors of provincial Public Security Departments have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 for administrative violations in the field of chemicals; up to
VND 80,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
3. Chief Inspectors of
Ministry of National Defense, Ministry of Public Security and ministerial-level
agencies, Heads of inspectorates established by Chief Inspectors of
Ministry of National Defense, Ministry of Public Security and
ministerial-level agencies have the power to:
a) Issue warnings;
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c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
Article
65. Power to impose penalties for People’s Public Security
1. Soldiers of the
People’s Public Security in the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 for administrative violations in the field of chemicals; up to
VND 10,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 10,000,000 for
administrative violations in the field of chemicals and does not exceed VND 20,000,000
for administrative violations in the field of industrial explosive materials.
2. Heads of company-level
Mobile Police have the power to:
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b) Impose a fine up to
VND 10,000,000 for administrative violations in the field of chemicals; up to
VND 20,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 20,000,000 for administrative
violations in the field of chemicals and does not exceed VND 40,000,000 for
administrative violations in the field of industrial explosive materials;
d) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Heads of Police Posts,
Heads of company-level Mobile Police units, Squadron Heads, Station Heads, and
Team Leaders have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 for administrative violations in the field of chemicals; up to
VND 30,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND
60,000,000 for administrative violations in the field of industrial explosive
materials;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
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a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
5. Heads of Police
Offices at International Airports; heads of professional divisions under the
Internal Security Department, including: Head of Division of
Counter-Reactionary, Head of Counter-Terrorism Division, Social Security
Division; Heads of professional divisions under the Economic Security
Department, including: Head of Industry and Trade Security Division, Head of
Traffic and Construction Security Division, Head of Security Division for
Agriculture, Forestry and Fishery, Head of Security Division for Science,
Technology, Natural Resources and Environment; Heads of professional divisions
under the Police Department for Investigation of Drug-related Crimes, including
Head of Security Division, Head of Division for Prevention and Investigation of
Crimes Involving the Illegal Trading and Transportation of Narcotic Substances,
Head of Security Division, Head of Division for Prevention and Investigation of
Crimes Involving the Organization and Harboring of Illegal Drug Use, Head of
Division for Prevention and Investigation of Crimes Involving the Illegal
Production of Narcotic Substances, Head of Division for Prevention and
Investigation of Crimes Involving Lawful Activities Related to Narcotic
Substances; Heads of professional divisions of Police Department for
Administrative Management of Social Order, including Head of Division for
Guidance and Management of Weapons, Explosive Materials, Support Instruments
and Artillery; Heads of professional divisions under the Traffic Police
Department, including Head of Division for Guidance on Patrol, Control and
Prevention and Combat of Crimes on Inland Waterways, and Fleet Commanders; Head
of Division for Guidance on Road and Railway Traffic Patrol and Control,
Head of Division for Guidance on Traffic Control and Escort; Heads of professional
divisions under the Fire and Rescue Police Department, including Head of
Division for Fire Prevention Operations, Head of Division for Fire Prevention
and Fighting Design Review, Head of Division for Firefighting and Fire and
Rescue Operations; Heads of regiment-level Mobile Police units; Heads of
provincial Public Security Divisions including Heads of Internal Security
Divisions, Heads of Internal Political Security Divisions, Heads of Police
Divisions for Administrative Management of Social Order, Heads of Investigation
Police Divisions for Social Order Crimes, Heads of Police Divisions for
Investigation into Corruption, Economy, Smuggling and Environment-related
Crimes, Heads of Police Divisions for Investigation of Drug-related Crimes,
Heads of Traffic Police Divisions, Heads of Mobile Police Divisions, Heads of
Police Divisions for Enforcement of Criminal Judgments and Judicial Assistance,
Heads of Fire and Rescue Police Divisions, Office Chiefs of Investigation
Police Authorities under provincial-level Police Departments have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 for administrative violations in the field of chemicals; up to
VND 80,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
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dd) Enforce the remedial measures
specified in clause 3 Article 3 of this Decree.
6. Directors of
provincial Public Security Departments have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
7. Director General of
Economic Security Department, Director General of Internal Security Department,
Director General of Internal Political Security Department, Chief of Office of
the Investigation Police Authority affiliated to the Ministry of Public
Security, Director General of Police Department for Administrative Management
of Social Order, Director General of Investigation Police Department for Social
Order Crimes, Director General of Police Department for Investigation into
Corruption, Economy and Smuggling-related Crimes, Director General of Police
Department for Investigation of Drug-related Crimes, Director General of Traffic
Police Department, Director General of Fire and Rescue Police Department,
Director General of Environment Crime Prevention and Fighting Police Department
and Commander of Mobile Police have the power to:
a) Issue warnings;
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c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
Article
66. Power to impose penalties for administrative violations of the customs
1. Customs officials in
the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 2,500,000 for administrative violations in the field of chemicals; up to
VND 5,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 5,000,000 for
administrative violations in the field of chemicals and does not exceed VND
10,000,000 for administrative violations in the field of industrial explosive
materials.
2. Heads of Border
Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure Inspection and
Post Clearance Audit Teams, Customs Clearance Teams, and Customs Control Teams
under the control of Regional Sub-departments of Customs; Heads of
Anti-smuggling Control Teams under the Anti-smuggling Investigation
Sub-department; Heads of Regional Post Clearance Audit Teams under the
Sub-departments of Post Clearance Audit have the power to:
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b) Impose a fine up to
VND 15,000,000 for administrative violations in the field of chemicals; up to
VND 30,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND
60,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial measures
specified in points d, dd and i clause 1 Article 28 of the Law on Handling of
Administrative Violations and point a clause 3 Article 3 of this Decree.
3. Director of
Sub-department of Anti-Smuggling and Investigation, Directors of
Sub-departments of Post Clearance Audit and Directors of Regional
Sub-departments of Customs have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points d, dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations and point a clause 3 Article 3 of this
Decree.
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a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate exhibits/instrumentalities
of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points d, dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations and point a clause 3 Article 3 of this
Decree.
Article
67. Power to impose penalties for administrative violations of Fisheries
Surveillance Forces
1. Fisheries surveillance
officials in the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 2,500,000 for administrative violations in the field of chemicals; up to
VND 5,000,000 for administrative violations in the field of industrial explosive
materials;
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2. Heads of fisheries
surveillance stations affiliated to regional Sub-Departments of Fisheries
Surveillance have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 for administrative violations in the field of chemicals; up to
VND 20,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 20,000,000 for
administrative violations in the field of chemicals and does not exceed VND
40,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Directors of Regional
Sub-Departments of Fisheries Surveillance affiliated to Department of Fisheries
and Surveillance; Directors of Sub-Departments in fields of fisheries and
surveillance affiliated to Departments of Agriculture and Environment have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
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dd) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. The Director General
of the Department of Fisheries and Surveillance has the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
Article
68. Power to impose penalties for administrative violations of Forest
Protection Forces
1. Forest rangers in the
performance of their duties have the power to:
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b) Impose a fine up to
VND 2,500,000 for administrative violations in the field of chemicals; up to
VND 5,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 5,000,000 for
administrative violations in the field of chemicals and does not exceed VND
10,000,000 for administrative violations in the field of industrial explosive
materials.
2. Heads of forest ranger
stations have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 for administrative violations in the field of chemicals; up to
VND 20,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 20,000,000 for administrative
violations in the field of chemicals and does not exceed VND 40,000,000 for
administrative violations in the field of industrial explosive materials;
d) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Heads of Forest Ranger
Offices, and Heads of Mobile Forest Ranger and Forest Fire Teams have the power
to:
a) Issue warnings;
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c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND
60,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Directors of Forest
Protection Sub-departments; Directors of Regional Forest Protection
Sub-departments, and Leaders of Task Force Teams for Forest Protection
affiliated to the Forest Protection Department have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate exhibits/instrumentalities
of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
5. The Director General
of the Forest Protection Department has the power to:
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b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points dd and i clause 1 Article 28 of the Law on
Handling of Administrative Violations.
Article
69. Power to impose penalties for administrative violations of Market
Surveillance Forces
1. Market controllers in
the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 for administrative violations in the field of chemicals; up to
VND 10,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 10,000,000 for
administrative violations in the field of chemicals and does not exceed VND
20,000,000 for administrative violations in the field of industrial explosive
materials.
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a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 for administrative violations in the field of chemicals; up to
VND 30,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND
60,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
3. Directors of Market
Surveillance Sub-Departments and Heads of Operations Divisions affiliated to
Agency for Domestic Market Surveillance and Development have the power to:
a) Issue warnings;
b) Impose a fine up to VND
25,000,000 for administrative violations in the field of chemicals; up to VND
50,000,000 for administrative violations in the field of industrial explosive
materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
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4. Director General of
Agency for Domestic Market Surveillance and Development has the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in clause 3 Article 3 of this Decree.
Article
70. Power to impose penalties for administrative violations of the Border Guard
1. Soldiers of the Border
Guard in the performance of their duties have the power to:
a) Issue warnings;
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c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 5,000,000 for
administrative violations in the field of chemicals and does not exceed VND
10,000,000 for administrative violations in the field of industrial explosive
materials.
2. Station Heads or Team
Leaders in charge of the persons specified in clause 1 of this Article have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 for administrative violations in the field of chemicals; up to
VND 10,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 10,000,000 for
administrative violations in the field of chemicals and does not exceed VND
20,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 7,500,000 for administrative violations in the field of chemicals; up to
VND 15,000,000 for administrative violations in the field of industrial
explosive materials;
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d) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 for administrative violations in the field of chemicals; up to
VND 30,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND
60,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in points a, c, d, dd, e, h and i clause 1 Article 28 of the
Law on Handling of Administrative Violations and points a and h clause 3
Article 3 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 for administrative violations in the field of chemicals; up to
VND 50,000,000 for administrative violations in the field of industrial
explosive materials;
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d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, d, dd, e, h and i clause 1 Article 28 of the
Law on Handling of Administrative Violations and points a and h clause 3
Article 3 of this Decree.
6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons, Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, d, dd, e, h and i clause 1 Article 28 of the
Law on Handling of Administrative Violations and points a and h clause 3
Article 3 of this Decree.
Article
71. Power to impose penalties for administrative violations of the Coast Guard
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a) Issue warnings;
b) Impose a fine up to
VND 2,500,000 for administrative violations in the field of chemicals; up to
VND 5,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 5,000,000 for
administrative violations in the field of chemicals and does not exceed VND
10,000,000 for administrative violations in the field of industrial explosive
materials.
2. Coast Guard Team
Leaders have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 for administrative violations in the field of chemicals; up to VND
10,000,000 for administrative violations in the field of industrial explosive
materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 10,000,000 for
administrative violations in the field of chemicals and does not exceed VND
20,000,000 for administrative violations in the field of industrial explosive
materials.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warnings;
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c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 20,000,000 for
administrative violations in the field of chemicals and does not exceed VND
40,000,000 for administrative violations in the field of industrial explosive
materials;
d) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Captains of Coast
Guard Platoons have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 for administrative violations in the field of chemicals; up to
VND 30,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate the
exhibits or instrumentalities whose value does not exceed VND 30,000,000 for
administrative violations in the field of chemicals and does not exceed VND 60,000,000
for administrative violations in the field of industrial explosive materials;
d) Enforce the remedial
measures specified in points a, c, d, dd, e and i clause 1 Article 28 of the
Law on Handling of Administrative Violations.
5. Captains of Coast
Guard Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of Vietnam
Coast Guard have the power to:
a) Issue warnings;
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c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, d, dd, e and i clause 1 Article 28 of the
Law on Handling of Administrative Violations.
6. Regional Coast Guard
Commanders and Director General of Department of Operations and Legislation
under the control of Vietnam Coast Guard have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 for administrative violations in the field of chemicals; up to
VND 80,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, d, dd, e, h and i clause 1 Article 28 of the
Law on Handling of Administrative Violations and points a and h clause 3
Article 3 of this Decree.
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a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 for administrative violations in the field of chemicals; up to
VND 100,000,000 for administrative violations in the field of industrial
explosive materials;
c) Confiscate
exhibits/instrumentalities of administrative violations;
d) Suspend the operation
for a fixed period or suspend the licenses or certificates specified in Chapter
II of this Decree for a fixed period;
dd) Enforce the remedial
measures specified in points a, c, d, dd, e, h and i clause 1 Article 28 of the
Law on Handling of Administrative Violations and points a and h clause 3
Article 3 of this Decree.
Article
72. Apportionment of power to impose administrative penalties in fields of
chemicals and industrial explosive materials
1. Chairpersons of
People’s Committees at all levels have the power to impose penalties for
administrative violations committed within the areas under their management in
respect of the violations specified in Chapter II within the power prescribed
in Article 62 of this Decree.
2. Power to impose
penalties for administrative violations of heads of agencies performing state
management tasks by fields and sectors is as follows:
a) Within the scope of their
respective state management by fields and sectors, Directors of Departments of
Industry and Trade, Finance, Health, and Agriculture and Environment of
provinces and cities have the power to impose penalties for the administrative
violations specified in Chapter II within the power prescribed in clause 1
Article 63 of this Decree;
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c) Director General of
Viet Nam Administration of Disease Prevention (Ministry of Health) has the
power to impose penalties for the violations prescribed in Section 6 Chapter II
within his/her power prescribed in clause 2 Article 63 of this Article;
d) Director General of
Plant Production and Protection Department (Ministry of Agriculture and
Environment) has the power to impose penalties for the violations prescribed in
Article 35, Article 48 and Article 57 Chapter II within his/her power
prescribed in clause 2 Article 63 of this Article;
dd) Heads of examination
teams established by Director General of Viet Nam Chemicals Agency (Ministry of
Industry and Trade), Director General of Industrial Safety Techniques and
Environment Agency (Ministry of Industry and Trade), Director General of Viet
Nam Administration of Disease Prevention (Ministry of Health) and Director
General of Plant Production and Protection Department (Ministry of Agriculture
and Environment) have the power to impose penalties for the violations
specified in Chapter II within the power prescribed in clause 3 Article 63 of
this Article.
3. Inspection forces have
the power to impose penalties for administrative violations within the bounds
of their functions, tasks and powers assigned in respect of the violations
prescribed in Chapter II within their power prescribed in Article 64 of this
Article.
4. People’s Public Security
forces have the power to impose penalties for administrative violations within
the bounds of their functions, tasks and powers assigned in respect of the
violations prescribed in Chapter II within their power prescribed in Article 65
of this Article.
5. Customs forces have
the power to impose penalties for administrative violations within the bounds
of their functions, tasks and powers assigned in respect of the violations
prescribed in Article 21, Article 22, Article 23, Article 26, Article 39, Article
47, point a clause 4 Article 59 within their power prescribed in Article 66 of
this Article.
6. Fisheries Surveillance
Forces have the power to impose penalties for administrative violations within
the bounds of their functions, tasks and powers assigned in respect of the
violations prescribed in Article 22, Article 32, Article 49 and Article 58
within their power prescribed in Article 67 of this Article.
7. Forest protection
forces have the power to impose penalties for administrative violations within
the bounds of their functions, tasks and powers assigned in respect of the
violations prescribed in Article 22, Article 32, Article 49 and Article 58
within their power prescribed in Article 68 of this Article.
8. Market surveillance
forces have the power to impose penalties for administrative violations within
the bounds of their functions, tasks and powers assigned in respect of the
violations prescribed in Chapter II within their power prescribed in Article 69
of this Article.
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10. Coast Guard forces
have the power to impose penalties for administrative violations within the
bounds of their functions, tasks and powers assigned in respect of the
violations prescribed in Article 32, Article 33, clauses 1, 2 and 3 Article 39,
Article 46, Article 47, Article 49, Article 55, Article 58 and Article 59
within their power prescribed in Article 71 of this Decree.
Article
73. Power to make records of administrative violations
1. The persons who have
the power to make records of administrative violations in fields of chemicals and
industrial explosive materials consist of:
a) The title holders
specified in Articles 62 to 71 of this Decree, who have the power to make
records of the violations as apportioned in Article 72 of this Decree.
b) Persons of the
People’s Army Forces and People’s Public Security Forces and civil servants of
the agencies specified in Articles 62 to 71 of this Decree, who, in the
performance of their duties, have the power to make records of violations
within the bounds of their functions, tasks and powers.
c) Civil servants
performing inspection and examination tasks in the fields of chemicals and
industrial explosives, or conducting inspections and examinations involving
matters in the fields of chemicals and industrial explosives.
2. For administrative violations
beyond the power to make records of administrative violations or outside the
field or area under their management, the competent persons in the performance
of their duties specified in points a, b and c clause 1 of this Article shall
make a working record to document the case and immediately forward the record
to the competent persons.
Chapter
IV
IMPLEMENTATION
CLAUSE
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1. The provisions of the
relevant Decree providing for imposition of penalties for administrative violations
in force at the time of committing the administrative violations shall apply to
the administrative violations in the fields of chemicals and industrial
explosive materials which occur and end before the effective date of this
Decree but are discovered thereafter or are under consideration.
Penalties for the
administrative violations in the fields of chemicals and industrial explosive
materials which occur before the effective date of this Decree but are still
ongoing after the effective date of this Decree shall be imposed in accordance
with this Decree, except the administrative violations specified in clause 2 of
this Article.
2. For the administrative
violations in the fields of chemicals and industrial explosive materials
involving industrial chemicals subject to conditional production and trading as
specified in clauses 1, 2, 4, 5 and 6 Article 16 of the Government’s Decree No.
71/2019/ND-CP dated August 30, 2019, and in the Government’s Decree No.
17/2022/ND-CP dated January 31, 2022 which occur after the effective date of
this Decree but for which this Decree does not provide for the imposition of
penalties, the corresponding provisions on handling of administrative
violations involving chemicals subject to conditional production and trading as
prescribed in clauses 1, 2, 3, 4 and 5 Article 16 of this Decree shall apply.
For the administrative
violations in the fields of chemicals and industrial explosive materials
involving industrial chemicals restricted from production and trading as
specified in clauses 1, 2, 4, 5 and 6 Article 17, clauses 1 and 2 Article 18 of
the Government’s Decree No. 71/2019/ND-CP dated August 30, 2019, and in the
Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 which occur after
the effective date of this Decree but for which this Decree does not provide
for the imposition of penalties, the corresponding provisions on handling of
administrative violations involving chemicals subject to special control as
prescribed in clauses 1, 2, 3, 4 and 5 Article 17, and clauses 1 and 2 Article
20 of this Decree shall apply.
For the administrative
violations in the fields of chemicals and industrial explosive materials
involving Schedule 2 and Schedule 3 chemicals as specified in clauses 1, 2, 3
and 4 Article 31 of the Government’s Decree No. 71/2019/ND-CP dated August 30,
2019, and in Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 which
occur after the effective date of this Decree but for which this Decree does
not provide for the imposition of penalties, the corresponding provisions on
handling of administrative violations involving chemicals subject to special
control as prescribed in clauses 1, 2, 3, 4 and 5 Article 17 of this Decree
shall apply.
3. For administrative
violations in the fields of chemicals and industrial explosive materials as
specified in point b clause 2 Article 37, point c clause 2 Article 40 and point
c clause 3 Article 46 of the Government’s Decree No. 71/2019/ND-CP dated August
30, 2019, and in the Government’s Decree No. 17/2022/ND-CP dated January 31,
2022 which occur after the effective date of this Decree but for which this
Decree does not provide for the imposition of penalties, the corresponding
provisions on handling of administrative violations involving insecticidal and
germicidal chemicals and preparations for household and medical use as
prescribed in point c clause 2 Article 42, point c clause 2 Article 45 and
point c clause 3 Article 50 of this Decree shall apply.
4. If entities that incur
penalties for administrative violations still complain about the decisions on
imposition of penalties for administrative violations issued or completely
implemented before this Decree takes effect, the provisions on imposition of
penalties for administrative violations in force at the time of issuing such
decisions on imposition of penalties for administrative violations shall apply.
Article
75. Effect
1. This Decree comes into
force from August 25, 2026.
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Article
76. Responsibility for implementation
1. The Minister of
Industry and Trade shall provide guidelines for, inspect, expedite and organize
the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, Chairpersons of People’s Committees of provinces
and central-affiliated cities, organizations and individuals concerned are responsible
for the implementation of this Decree.
FOR THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Pham Gia Tuc