THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2022/ND-CP
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Hanoi, January 06, 2022
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON NATURAL DISASTER MANAGEMENT; IRRIGATION; FLOOD CONTROL SYSTEMS
Pursuant to the Law on
Government Organization dated June 19, 2015; Law on amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012 and the Law on
Amendments and Supplements to certain Articles of the Law on Penalties for
Administrative Violations dated November 13, 2020;
Pursuant to the Law on
Flood Control Systems dated November 29, 2006;
Pursuant to the Law on
Natural Disaster Management dated June 19, 2013;
Pursuant to the Law on
Irrigation dated June 19, 2017;
Pursuant to the Law on
Amendments to the Law on Natural Disaster Management and the Law on Flood
Control Systems dated June 17, 2020;
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The Government hereby
promulgates a Decree on penalties for administrative violations against
regulations on natural disaster management; irrigation; flood control systems.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures, the power to
make administrative violation record and the power to impose penalties for
violations against regulations on natural disaster management; irrigation;
flood control systems.
2. Relevant regulations
laid down in Decrees on penalties for administrative violations that arise from
state management shall apply to other administrative violations against
regulations on natural disaster management; irrigation; flood control systems
that are not specified in this Decree.
Article
2. Regulated entities
1. Vietnamese
organizations and individuals; foreign organizations and individuals that
commit administrative violations against regulations on natural disaster
management; irrigation; flood control systems within the territory of the
Socialist Republic of Vietnam.
2. Persons that have the
power to make administrative violation records and the power to impose
penalties for administrative violations.
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4. The organizations
specified in clause 1 of this Article include:
a) Limited liability
companies, joint-stock companies, partnerships and sole proprietorships
established under the Law on Enterprises;
b) Cooperatives,
cooperative unions, cooperative groups established and operating under the Law
on Irrigation and Law on Cooperatives;
c) Foreign investors that
are foreign-invested organizations and business organizations under the Law on
Investment and Law on Commerce;
d) Regulatory bodies
committing any violation that is not within the assigned scope of the state
management;
dd) Socio-political
organizations, socio-political-professional organizations; socio-professional
organizations; social organizations;
e) Public service
providers;
g) Branches,
representative offices, business locations;
h) Other organizations
prescribed by law.
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Article
3. Penalties
1. Main penalties
include:
a) Warnings;
b) Fines.
2. Additional penalties
include:
a) Suspending licenses;
b) Confiscating exhibits
and instrumentalities for committing administrative violations;
Article
4. Remedial measures
1. The remedial measures specified
in point a, point i clause 1 Article 28 of the Law on Penalties for
Administrative Violations include:
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b) Enforced transfer of
illegal benefits obtained from administrative violations.
2. Other remedial
measures include:
a) Enforced resumption of
relief activities;
b) Enforced payment to
the Natural Disaster Management Fund;
c) Enforced planting of
mangroves in case of destruction; grass in case of hoeing, digging or mowing;
d) Enforced repair of
damage to flood control systems;
dd) Enforced return of
supplies reserved for flood, inundation and storm control.
Article
5. Prescriptive time limits for imposing penalties for administrative
violations
1. Prescriptive time
limits for imposing penalties for administrative violations.
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b) Regarding flood
control systems, the prescriptive time limit shall be 02 years.
2. Dates used to
determine prescriptive time limits for imposing penalties for administrative
violations are as follows:
a) For an in-progress
administrative violation specified in clause 3 of this Article, the
prescriptive time limit begins from the date on which that the competent law
enforcement officer detects such violation;
b) For a completed
administrative violation specified in clause 4 of this Article, the
prescriptive time limit begins from the date on which that violation
terminates;
3. The administrative
violations specified in clause 1 Article 9; point a clause 7, clause 8 Article
24; clauses 7, 8 and 9 Article 27 of this Decree are in-progress administrative
violations.
4. The administrative
violations specified in Articles 16, 17 and 36 of this Decree are completed
ones. The date on which a violation terminates is determined as follows:
a) The date on which an
administrative violation against regulations on formulation, approval and
implementation of a natural disaster management plan specified in Article 16 of
this Decree terminates is December 31 at the latest;
b) The date on which a
violation against regulations on payment to the Natural Disaster Management
Fund specified in Article 17 of this Decree terminates is determined as
follows:
For the violation
specified in clause 1 Article 17, the date is the deadline for making payment
to the Fund or the deadline for suspending payment to the Fund as prescribed in
the Decree No. 78/2021/ND-CP dated August 01, 2021.
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c) The date on which a
violation against regulations on mobilization of resources for dyke protection
or rescue at works related to flood control system safety specified in Article
36 of this Decree terminates is the date of completing the dyke protection or
rescue at works related to flood control system.
5. In case of failure to
determine the date on which other administrative violations specified in this
Decree except for the violations specified in clauses 3 and 4 of this Article
terminate, such violations shall be treated as in-progress ones.
Article
6. Fines and power to impose penalties
1. The maximum fines are
prescribed as follows:
a) Regarding natural
disaster management, the maximum fine is VND 50,000,000;
b) Regarding flood
control systems, the maximum fine is VND 100,000,000;
c) Regarding irrigation,
the maximum fine is VND 250,000,000.
2. The fines for
administrative violations specified in this Decree are imposed upon
individuals, except for the violations specified in Article 16 and clause 2
Article 17 of this Decree, the fines therefor are imposed upon organizations.
3. The fine incurred by
an organization is twice as much as that incurred by an individual for the same
administrative violation.
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5. Any entity that
commits the act of mining minerals specified in clause 2 Article 11, point dd
clause 6 Article 24, point a clause 2 Article 26 and clause 6 Article 27 shall,
in addition to incurring the penalties prescribed in this Decree, incur the
penalties in accordance with regulations of law on penalties for administrative
violations against regulations on water resources and minerals.
6. Any entity that
commits the act of encroaching upon the river terrace, river bed, stream,
channel or coast specified in clause 1 Article 11 shall, in addition to
incurring the penalties prescribed in this Decree, incur the penalties in
accordance with regulations of law on penalties for administrative violations
against regulations on land.
7. Any entity that
commits the act of dumping waste as prescribed in Articles 10, 20 and 29 shall,
in addition to incurring the penalties prescribed in this Decree, incur the
penalties in accordance with regulations of law on penalties for administrative
violations against regulations on environmental protection.
Article
7. Procedures for imposing penalties for violations concurrently specified in
the Criminal Code
1. Upon detecting a
violation against regulations specified in point a, point b clause 2 Article 14
and Article 36 of this Decree, the person accorded authority over this case
shall transfer the case file to a criminal proceedings agency to consider
initiating criminal prosecution as prescribed in clause 1, clause 2 and clause
4 Article 62 of the Law on Penalties for Administrative Violations.
2. If the criminal
proceedings agency decides not to bring a criminal lawsuit; decides to
terminate the prosecution process; decides to suspend the investigation
process; decides to suspend suspect investigation; decides to suspend criminal
investigation of suspect; decides to suspend case; decides to invalidate the
decision to charge a suspect and return the case file to the person
transferring the file, transfer the case file to the person having the power to
impose penalties for administrative violations as specified in clause 3 Article
62, Article 63 of the Law on Penalties for Administrative Violations to impose
penalties for administrative violations as specified in this Decree.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES FOR VIOLATIONS AGAINST REGULATIONS ON NATURAL
DISASTER MANAGEMENT AND REMEDIAL MEASURES
Article
8. Violations against regulations on operation and use of works serving natural
disaster management (hereinafter referred to as “disaster management works”)
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2. A fine ranging from VND
6,000,000 to VND 8,000,000 shall be imposed for failure to anchor, stop or park
ships or other vehicles at prescribed places at the locations of disaster
management works, except for the case specified in clause 1 Article 35 of this
Decree.
3. A fine ranging from
VND 8,000,000 to VND 15,000,000 shall be imposed for deliberately misusing
disaster management works.
Article
9. Violations against regulations on assurance of safety of disaster management
works
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for damaging embankments,
works serving erosion control, works serving land subsidence, works serving
flash flood control and works serving disaster warning if the damage caused is
less than VND 100,000,000.
2. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for the act of infringing upon
embankments, works serving erosion control, works serving land subsidence,
works serving flash flood control and works serving disaster warning, which is
not so serious that criminal prosecution may be brought. To be specific:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for constructing a work with an
area of less than 05 m2;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for constructing a work with
an area from 05 m2 to less than 10 m2;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for constructing a work with
an area from 10 m2 to less than 20 m2;
d) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for constructing a work with
an area from 20 m2 to less than 30 m2;
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3. Additional penalties:
Confiscate the exhibits
or instrumentalities for committing violations if any of the violations
specified in clauses 1 and 2 of this Article is committed.
4. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clauses 1 and 2 of this Article is committed.
Article
10. Acts of dumping soil and waste to, storing raw materials, materials,
supplies and vehicles at disaster management works
1. Fines shall be imposed
for the acts of dumping soil and waste to, storing raw materials, materials,
supplies and vehicles at embankments, works serving erosion control, works
serving land subsidence, works serving flash flood control and works serving
disaster warning. To be specific:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for a volume of less than 03 m3;
b) A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed for a volume ranging from 03 m3
to less than 05 m3;
c) A fine ranging from
VND 4,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 05 m3
to less than 10 m3;
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dd) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for a volume ranging from 50
m3 to less than 200 m3;
e) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 200
m3 to less than 500 m3;
g) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for a volume of 500 m3
or more.
2. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clause 1 of this Article is committed.
Article
11. Violations increasing disaster risks
1. A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for any of the acts of
encroaching upon river terrace, riverbed, stream, channel or coast resulting in
increasing disaster risks without taking any remedial measures.
2. Fines for violations
against regulations on mineral mining resulting in increasing disaster risks
are as follows:
a) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for mining minerals resulting
in increasing disaster risks without taking any remedial measures;
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3. Additional penalties:
Confiscate the exhibits
or instrumentalities for committing violations if the violation specified in
clause 2 of this Article is committed.
4. Remedial measures:
The violator is compelled
to:
a) restore to the
original condition if the violation specified in clause 1 of this Article is
committed;
b) return the illegal
benefits obtained from the administrative violations specified in clause 2 of
this Article.
Article
12. Violations against regulations on response to natural disasters (hereinafter
referred to as “disasters”)
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to follow the
competent agency’s or competent person’s directions and commands over disaster
management, except for the regulation specified in clause 3 of this Article.
2. A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for failure to provide
information or providing false information about the locations and status of
ships, boats or vessels operating at sea, on rivers, lakes, channels or lagoons
to local governments or competent authorities when a disaster occurs.
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Article
13. Violations against regulations on rescue during disaster management
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for knowing a person in
distress but failing to promptly notifying a competent force for rescue at sea,
on rivers, streams, ponds, lakes or channels.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to give aid to
persons or vehicles in distress at sea, rivers, streams, ponds, lakes or
channels, which is not so serious that criminal prosecution may be brought,
except for the case of inability or force majeure.
3. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for requesting rescue but
failing to cooperate with the rescue force.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for giving a false distress
alert to request rescue with respect to ships, boats and vessels operating at
sea and on rivers and lakes.
Article
14. Violations against regulations on disaster recovery
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for deliberately making false
statement about damage caused by disasters.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Misusing or causing
loss of relief or providing relief to incorrect beneficiaries, which is not so
serious that criminal prosecution may be brought;
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c) Failure to promptly
perform relief tasks.
3. Remedial measures:
The violator is compelled
to:
a) return the illegal
benefits obtained from the administrative violations specified in clause 1 of
this Article;
b) continue to carry out
relief activities due to committing the violations specified in clause 2 of
this Article.
Article
15. Violations against regulations on compliance with disaster management
requirements during management, operation, use, construction, rehabilitation and renovation of works
1. A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for any of the acts of
failing to comply with disaster management requirements during management,
operation and use of mineral mining areas and areas intended for mining of
other natural resources; urban areas; tourist attractions, tourism areas;
industrial parks; rural settlements; disaster management works, traffic works,
electric power works and other technical infrastructural constructions as
follows:
a) Failure to build,
consolidate, provide training and refresher training, provide adequate tools,
communication and protective equipment meeting disaster management and search
and rescue requirements to forces participating in disaster management;
b) Failure to formulate
and promulgate internal rules and regulations on management, operation and use
of mineral mining areas, areas intended for mining of other natural resources,
urban areas, tourism areas, industrial parks, historic sites; tourist
attractions and works in compliance with disaster management requirements;
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d) Failure to maintain
and care works, infrastructural construction items; control the repair and
upgrading of works and construction, consolidation and expansion of
infrastructural construction items resulting in increasing the risks of
disasters and new disasters;
dd) Failure to inspect,
detect, prevent and promptly handle situations and activities that increase
disaster risks; incidents or the risk of incidents to works, infrastructural
construction items; surrounding areas which may affect mineral mining areas and
areas intended for mining of other natural resources, urban areas, tourism
areas, industrial parks, historic sites; tourist attractions; rural settlements
and works;
e) failure to proactively
and immediately implement response measures to minimize damage and promptly
report it to competent agencies and persons for assistance when detecting an
incident or risk of incident, situation or activity that increases the disaster
risk which is beyond the response capacity;
g) Failure to provide
adequate and timely information to officials and employees on disaster
developments, critical areas for disaster management regarding works and
infrastructural construction items, and surrounding areas at risks of incidents
affecting safety in the area;
h) Failure to provide
instructions on, disseminate, provide training in and organize drills for
disaster management to officials, employees and communities to enhance the
capacity for on-the-spot response and proactively implement measures for
disaster management and damage minimization;
i) Failure to collect and
store information and data on disaster management and prepare dossiers on
management, operation and use of works and infrastructural work items.
2. Penalties for failure
to comply with disaster management requirements during construction,
rehabilitation and renovation of urban areas; tourist attractions, tourism
areas; industrial parks; rural settlements; disaster management works, traffic
works, electric power works and other technical infrastructural constructions
are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to ensure the
stability of works prior to a disaster;
b) A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for increasing the disaster
risks.
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1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to send the
approved disaster response to the local People’s Committee concerned and
superior authorities.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to prepare or
insufficiently preparing forces, supplies, vehicles, equipment and necessities
for disaster response according to the approved disaster response plan.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the acts of
failing to formulate or approve the disaster response plan or failure to
annually review, adjust or supplement the disaster response plan.
Article
17. Violations against regulations on payment to a disaster management fund
1. Fines for failure to make
payment to the disaster management fund are as follows:
a) A fine ranging from
VND 300,000 to VND 500,000 shall be imposed for failure to make payment to the
disaster management fund if the amount payable is less than VND 300,000;
b) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for failure to make payment to
the disaster management fund if the amount payable is from VND 300,000 to less
than VND 500,000;
c) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to make payment to
the disaster management fund if the amount payable is from VND 500,000 to less
than VND 3,000,000;
d) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make payment to
the disaster management fund if the amount payable is from VND 3,000,000 to
less than VND 5,000,000;
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e) A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed for failure to make payment to
the disaster management fund if the amount payable is from VND 10,000,000 to
less than VND 20,000,000;
g) A fine ranging from
VND 12,000,000 to VND 20,000,000 shall be imposed for failure to make payment
to the disaster management fund if the amount payable is from VND 20,000,000 to
less than VND 40,000,000;
h) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to make payment
to the disaster management fund if the amount payable is from VND 40,000,000 to
less than VND 60,000,000;
i) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to make payment
to the disaster management fund if the amount payable is from VND 60,000,000 to
less than VND 80,000,000;
k) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to make payment
to the disaster management fund if the amount payable is from VND 80,000,000 to
less than VND 100,000,000.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon any domestic or foreign
business organization that fails to provide or insufficiently providing the
list of plans for collection of payments and payment to the disaster management
fund by individuals under its management to a competent authority.
3. Remedial measures:
The violator is compelled
to make payment to the disaster management fund if the violation in clause 1 of
this Article is committed.
Article
18. Violations committed by foreign organizations and individuals and
international organizations participating in disaster response and recovery in
Vietnam
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2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for carrying out disaster
management activities without a registration certificate or an expired
registration certificate.
Chapter
III
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES FOR VIOLATIONS AGAINST REGULATIONS ON
IRRIGATION AND REMEDIAL MEASURES
Article
19. Violations obstructing flows of a hydraulic structure
1. A fine ranging from
VND 100,000 to VND 300,000 shall be imposed for growing vegetables, setting up
fishing traps or fishing weirs and adopting other fishing methods causing
obstacles to the flows.
2. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for immersing bamboo, white
bamboo, neohouzeaua, leaves, timbers or other things causing obstacles to the
flows.
3. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clauses 1 and 2 of this Article is committed.
Article
20. Violations against regulations on dumping of garbage and waste to hydraulic
structures
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a) A warning shall be
imposed for dumping a volume of less than 0.5 m3 of garbage or waste
to hydraulic structures;
b) A fine ranging from
VND 300,000 to VND 500,000 shall be imposed for dumping a volume ranging from
0.5 m3 to less than 1 m3 of garbage or waste within the
safety perimeter of hydraulic structures;
c) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for dumping a volume ranging
from 01 m3 to less than 03 m3 of garbage or waste within
the safety perimeter of hydraulic structures;
d) A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed for dumping a volume ranging from
03 m3 to less than 05 m3 of garbage or waste within the
safety perimeter of hydraulic structures;
dd) A fine ranging from
VND 4,000,000 to VND 8,000,000 shall be imposed for dumping a volume of 05 m3
or more of garbage or waste within the safety perimeter of hydraulic
structures.
2. Remedial measures:
The violator is compelled
to restore to the original condition if the violation specified in clause 1 of
this Article is committed.
Article
21. Violations against regulations on operation of hydraulic structures
1. 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) Deliberately operating
a hydraulic structure without assignment from an authorized person.
2. Fines shall be imposed
for failure to formulate the procedure for operation of a hydraulic structure
as regulated by law. To be specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to formulate the
procedure for operation of a small hydraulic structure as prescribed;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to formulate the
procedure for operation of a medium-sized hydraulic structure as prescribed;
c) A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for failure to formulate the
procedure for operation of a large or critically important hydraulic structure
as prescribed.
Article
22. Violations against regulations on implementation of procedures for operation
of irrigation reservoirs which are not so serious that criminal prosecution may be brought
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to correctly
implement the procedure for operation of a small irrigation reservoir.
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to correctly
implement the approved procedure for operation of a medium-sized irrigation
reservoir.
3. A fine ranging from
VND 70,000,000 to VND 90,000,000 shall be imposed for failure to correctly
implement the approved procedure for operation of a large irrigation reservoir.
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Article
23. Violations against regulations on use of machinery and equipment of a
hydraulic structure
A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for failure to use machinery or equipment
of a hydraulic structure for its intended purposes.
Article
24. Violations against regulations on assurance of hydraulic structure safety
1. A fine ranging from
VND 100,000 to VND 300,000 shall be imposed for any of the following
violations:
a) Putting up tents,
walls or kiosks; building temporary works within the safety perimeter of a
hydraulic structure;
b) Digging, hoeing or
growing plants on canal bank or canal slope or the slope of earth dam.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Building brick kiln,
lime kiln or cattle or poultry breeding facility without a license to operate
within the safety perimeter of a hydraulic structure;
b) Carrying out
aquaculture without a license to operate within the safety perimeter of a
hydraulic structure;
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d) Conducting scientific
research or growing perennial plants without a license to operate within the
safety perimeter of a hydraulic structure;
dd) Digging or embanking
ponds or lakes within the safety perimeter of a hydraulic structure;
e) Anchoring or docking a
ship, boat or vessel in a hydraulic structure where a prohibition sign is set
up;
g) Using a inland
waterway vehicle or motor vehicle within the safety perimeter of a hydraulic
structure without a license to operate within the safety perimeter of a hydraulic
structure, except for motorcycles, mopeds and non-motorized inland waterway
vehicles.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations against regulations on safety management of dams and irrigation
reservoirs:
a) Failure to send the
report on dam or irrigation reservoir safety according to the prescribed
contents and by prescribed deadline;
b) Failure to inspect dam
or irrigation reservoir according to the prescribed contents and policies;
c) Failure to formulate
or organize implementation of a disaster response plan for works and dam
lowlands;
d) Failure to inspect dam
or irrigation reservoir safety as prescribed;
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e) Failure to formulate
or implement the approved protection plan;
g) Failure to formulate
or review, adjust or supplement on an annual basis or failure to implement the
approved emergency response plan.
4. Fines shall be imposed
for increasing the scale of the existing work within the safety perimeter of a
hydraulic structure as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for constructing, extending or
encroaching a work, thereby increasing its area by less than 10 m2;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for constructing, extending
or encroaching a work, thereby increasing its area by from 10 m2 to
less than 30 m2;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for constructing, extending
or encroaching a work, thereby increasing its area by more than 30 m2.
5. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for changing the structure of
the existing work within the safety perimeter of a hydraulic structure.
6. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Building an
underground structure without a license to operation within the safety
perimeter of a hydraulic structure, which is not so serious that criminal
prosecution may be brought;
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c) Organizing tourism or
sports activities without a license to operation within the safety perimeter of
a hydraulic structure;
d) Illegally extracting
water from a hydraulic structure;
dd) Mining minerals
within the safety perimeter of a hydraulic structure without an establishment
license within the safety perimeter of a hydraulic structure;
7. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Demolishing or filling
a hydraulic structure without permission;
b) Illegally building a
house, bridge, embankment, production facility and other reinforced structures
without an operation license within the safety perimeter of a hydraulic
structure, which is not so serious that criminal prosecution may be brought;
c) Illegally blocking,
backfilling, digging or dredging or suctioning mud, sand or gravels from,
rivers, canals, trenches, lakes or ponds, which is not so serious that criminal
prosecution may be brought;
d) Illegally creating
areas for storage of raw materials, fuels, materials, supplies or vehicles or
illegally storing raw materials, fuels, materials, supplies or vehicles within
the safety perimeter of a hydraulic structure.
8. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for blasting and carrying
out other blasting activities without an operation license within the safety
perimeter of a hydraulic structure, which is not so serious that criminal
prosecution may be brought.
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The violator is compelled
to:
a) restore to the
original condition if any of the violations specified in clause 1; points a, b,
c, d and dd clause 2; clause 4; clause 5; points a, b and c clause 6; clause 7;
clause 8 of this Article is committed;
b) return the illegal
benefits obtained from the administrative violations specified in points d and
dd clause 6 of this Article.
Article
25. Violations against regulations on operating vehicles on hydraulic
structures
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for operating a motor vehicle
on a hydraulic structure in excess of its permissible vehicle weight.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for operating a motor vehicle
or inland waterway vehicle in a hydraulic structure where a prohibition sign is
set up, except for the prioritized vehicles prescribed by regulations of law on
road traffic and inland waterway.
3. Remedial measures:
The violator is compelled
to restore to the original condition in case of causing damage to the work if
any of the violations specified in clauses 1 and 2 of this Article is
committed.
Article
26. Violations against regulations on licenses to carry out activities within
safety perimeters of hydraulic structures
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a) cultivate perennial
plants; or
b) carry out aquaculture;
or
c) do scientific
research; or
d) operate inland
waterway vehicles and motor vehicles.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for carrying out activities
inconsistently with provisions of the license to:
a) carry out drilling or
digging for geological survey purpose; explore and exploit minerals or building
materials or extract underground water; or
b) create area for
storage of raw materials, fuels, materials, supplies and vehicles; or
c) build underground
structures; or
d) organize tourism,
sports, business and service activities.
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a) construct a new work
within safety perimeter of a hydraulic structure; or
b) carry out blasting and
other blasting activities within the safety perimeter of a hydraulic structure.
4. Additional penalties:
Suspend the license for
01 to 03 months in the case of the violations specified in clauses 1, 2 and 3
of this Article.
5. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
points a and b clause 1; clause 2; clause 3 of this Article is committed.
Chapter
IV
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES FOR VIOLATIONS AGAINST REGULATIONS ON FLOOD
CONTROL SYSTEMS AND REMEDIAL MEASURES
Article
27. Violations arising from damage to flood control systems
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a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed if the number of destroyed
mangroves is less than 05;
b) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed if the number of destroyed
mangroves is 05 to less than 10;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the number of destroyed
mangroves is 10 to less than 30;
d) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the number of destroyed
mangroves is 30 to less than 50;
dd) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the number of destroyed
mangroves is 50 to less than 100;
e) A fine ranging from
VND 40,000,000 to VND 50,000,000 if the number of destroyed mangroves is 100 or
more.
2. Fines for hoeing,
digging or mowing grass or growing annual or perennial plants on a dike or
growing perennial plants within the safety perimeter of a dike as follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 if the growing area is less than 01 m2
or less than 03 perennial plants are grown;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 if the growing area is 01 m2 to less
than 05 m2 or 03 to less than 10 perennial plants are grown;
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d) A fine ranging from
VND 5,000,000 to VND 10,000,000 if the growing area is 10 m2 to less
than 50 m2 or 30 to less than 50 perennial plants are grown;
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 if the growing area is 50 m2 to
less than 100 m2 or 50 to less than 100 perennial plants are grown;
e) A fine ranging from
VND 20,000,000 to VND 40,000,000 if the growing area is 100 m2 to
less than 400 m2 or 100 to less than 200 perennial plants are grown;
g) A fine ranging from
VND 40,000,000 to VND 50,000,000 if the growing area is 400 m2 or
more or 200 perennial plants or more are grown.
3. Fines for illegally
appropriating, illegally using or moving or damaging the auxiliary work of a
flood control system are as follows:
a) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for appropriating or illegally
using the auxiliary work of a flood control system;
b) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for illegally using or
damaging the auxiliary work of a flood control system.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for digging a pond or well
within the safety perimeter of the flood control system.
5. Fines for digging,
leveling or dividing the surface, slope, berm or bottom of a dike are as
follows:
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b) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 0.3 m3
to less than 01 m3;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for a volume ranging from 01 m3
to less than 02 m3;
d) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 02
m3 to less than 03 m3;
dd) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 03
m3 to less than 05 m3;
e) A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for a volume ranging from 05
m3 to less than 10 m3;
g) A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for a volume ranging from 10
m3 to less than 15 m3;
h) A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for a volume of 15 m3
or more.
6. Fines for violations
against regulations on mineral mining within the safety perimeter of a flood
control system are as follows:
a) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for a volume of less than 01 m3;
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c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 03
m3 to less than 05 m3;
d) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 05
m3 to less than 10 m3.
dd) A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for a volume ranging from 10
m3 to less than 20 m3;
e) A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for a volume of 20 m3
or more.
7. Fines for the act of
damaging dike culverts and obstructing operation of dike culverts which is not
so serious that criminal prosecution may be brought are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for damaging auxiliary parts of
a culvert, including board or sign; gauge line pillar; monitoring equipment;
b) A fine ranging from
VND 3,000,000 to VND 10,000,000 shall be imposed for damaging parts of a
culvert without directly affecting operation and stability of the culvert such
as fences, gates, doors and guardrails;
d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for damaging machinery
protection housing; culvert management housing; working bridge; sluice gates,
sluice gate flapping parts and obstructing operation of culverts in accordance
with technical regulations;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for damaging parts directly
affecting the operation of a culvert such as valves, closing and opening
machinery, valve arrangement, electrical system and other parts;
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8. Fines for the act of
damaging a dike protection jetty which is not so serious that criminal
prosecution may be brought are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for damaging auxiliary parts of
the jetty such as board or sign; gauge line pillar; monitoring equipment;
b) A fine ranging from
VND 3,000,000 to VND 10,000,000 shall be imposed for damaging the jetty roof or
jetty roof stabilizer with an area of less than 01 m2; jetty foot
made of loose material with a volume of less than 01 m3; casting
parts of the jetty with a volume of less than 0.3 m3;
c) A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for damaging the jetty roof
or jetty roof stabilizer with an area ranging from 01 m2 to less
than 03 m2; jetty foot made of loose material with a volume ranging
from 01 m3 less than 03 m3; casting parts of the jetty
with a volume ranging from 0.3 m3 to less than 01 m3;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for damaging the jetty roof
or jetty roof stabilizer with an area ranging from 03 m2 to less
than 10 m2; jetty foot made of loose material with a volume ranging
from 03 m3 less than 05 m3; casting parts of the jetty
with a volume ranging from 01 m3 to less than 02 m3;
dd) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for damaging the jetty roof
or jetty roof stabilizer with an area of at least 10 m2; jetty foot
made of loose material with a volume of at least 05 m3; casting parts
of the jetty with a volume of at least 02 m3.
9. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for carry out a blasting
activity damaging the dike body, except for emergency case where the competent
person specified in Article 34 of the Law on Flood Control Systems decides to
carry out a blasting activity or destruction in order to divert flood or retard
flood for dike protection purpose.
10. Additional penalties:
Confiscate the exhibits or
instrumentalities for committing violations if any of the violations specified
in clauses 1 through 9 of this Article is committed.
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The violator is compelled
to:
a) grow planting the
mangroves in case of destruction; grass in case of hoeing, digging or mowing
specified in clauses 1 and 2 of this Article;
b) repair the damage to
the flood control systems if any of the violations specified in clauses 7 and 8
of this Article is committed;
c) restore to the
original condition if any of the violations specified in clauses 3, 4, 5 and 9
of this Article is committed.
Article
28. Violations arising from illegal operation of flood control systems
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for operating a flood
diversion structure, flood retardation structure, dike culvert, spillway
structure, dike-crossing works, pumping station or lock within the safety
perimeter of a flood control system.
2. Additional penalties:
Confiscate the exhibits or
instrumentalities for committing violations if the violation specified in
clause 1 of this Article is committed.
3. Remedial measures:
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Article
29. Violations against regulations on dumping waste and placing materials
within safety perimeters of flood control systems, on river terraces and river
beds
1. Fines for the act of
dumping waste within the safety perimeter of a flood control system, river
terrace or river bed are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for a volume of less than 01 m3;
b) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 01 m3
to less than 03 m3;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for a volume ranging from 03 m3
to less than 10 m3;
d) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 10
m3 to less than 20 m3;
dd) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 20
m3 to less than 30 m3;
e) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for a volume ranging from 30
m3 to less than 50 m3;
g) A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed for a volume ranging from 50
m3 to less than 100 m3;
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2. Fines for the act of
placing materials the safety perimeter of a flood control system are as
follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for a volume of less than 01 m3;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for a volume ranging from 01 m3
to less than 05 m3;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 05 m3
to less than 10 m3;
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for a volume ranging from 10 m3
to less than 15 m3;
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 15
m3 to less than 30 m3;
e) A fine ranging from VND
20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 30 m3
to less than 50 m3;
g) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for a volume ranging from 50
m3 to less than 100 m3;
h) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for a volume of 100 m3
or more.
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a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for a volume of less than 02 m3;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for a volume ranging from 02 m3
to less than 05 m3;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 05 m3
to less than 10 m3;
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for a volume ranging from 10 m3
to less than 30 m3;
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 30
m3 to less than 100 m3;
e) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 100
m3 to less than 300 m3;
g) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for a volume ranging from 300
m3 to less than 500 m3;
h) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for a volume of 500 m3
or more.
4. Additional penalties:
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5. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clauses 1, 2 and 3 of this Article is committed.
Article
30. Violations against regulations on management, protection and use of soil,
stones, sand and gravels reserved for flood, inundation and storm control
1. Fines for appropriating,
illegally using or moving soil, stones, sand or gravels reserved for flood,
inundation or storm control are as follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for a volume of less than 0.5 m3;
b) A fine ranging from VND
1,000,000 to VND 5,000,000 shall be imposed for a volume ranging from 0.5 m3
to less than 02 m3;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for a volume ranging from 02 m3
to less than 05 m3;
d) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for a volume ranging from 05 m3
to less than 10 m3;
dd) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for a volume ranging from 10
m3 to less than 20 m3;
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g) A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed for a volume of 30 m3
or more.
2. Remedial measures:
The violator is compelled
to return the supplies reserved for flood, inundation or storm control
specified in clause 1 of this Article.
Article
31. Violations against regulations on operating vehicles on dikes
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for operating a motor vehicle
or heavy-duty vehicle on a dike in excess of its permissible vehicle weight.
2. A fine ranging from
VND 10.000.000 to VND 20,000,000 shall be imposed for operating a motor vehicle
or heavy-duty vehicle on a dike where a prohibition sign in case of dike
failures or storm, inundation or flood, except vehicles for dike inspection or
dike protection or vehicles serving national defense and security purpose or
ambulances or fire trucks.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for operating a motor vehicle
on a dike against the regulations set out in the license.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for operating a motor vehicle
on a dike against the regulations set out in the license.
5. Additional penalties:
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6. Remedial measures:
The violator is compelled
to restore to the original condition in case of damaging the dike if any of the
violations specified in clauses 1, 2, 3 and 4 of this Article is committed.
Article
32. Construction of houses and works within safety perimeters of flood control
systems and river beds excluding islets or eyots
1. Fines for constructing
a house or work within safety perimeters of a flood control system and river
bed excluding islet or eyot, except for the works serving flood, inundation and
storm control, auxiliary works and special works are as follows:
a) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed if the building area is less
than 10 m2; or if the length of the work is less than 02 m for a
route-based work or wall work;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed if the building area is less than
from 02 m2 to less than 05 m2; or if the length of the
work is from 02 m to less than 05 m for a route-based work or wall work;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the building area is from
05 m2 to less than 10 m2; or if the length of the work is
from 05 m to less than 10 m for a route-based work or wall work;
d) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the building area is from
10 m2 to less than 30 m2; or if the length of the work is
from 10 m to less than 20 m for a route-based work or wall work;
dd) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed if the building area is from
30 m2 to less than 50 m2; or if the length of the work is
from 20 m to less than 30 m for a route-based work or wall work;
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g) A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed if the building area is 80 m2
or more; or if the length of the work is 50 m or more for a route-based work or
wall work.
2. Remedial measures:
The violator is compelled
to restore to the original condition if the violation specified in clause 1 of
this Article is committed.
Article
33. Violations against regulations set out in Article 26 of the Law on Flood
Control systems on construction of houses and works on river beds, islets and
eyots on which construction works are unavailable
1. Fines for construction
of a house or work on a river bed, islet or eyot on which construction works
are unavailable without a permit are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the building area is less
than 05 m2; or if the length of the work is less than 10 m for a
route-based work or wall work;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the building area is from
02 m2 to less than 10 m2; or if the length of the work is
from 10 m to less than 20 m for a route-based work or wall work;
c) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the building area is from
10 m2 to less than 30 m2; or if the length of the work is
from 20 m to less than 40 m for a route-based work or wall work;
d) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed if the building area is from
30 m2 to less than 50 m2; or if the length of the work is
from 40 m to less than 50 m for a route-based work or wall work;
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e) A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed if the building area is 100
m2 or more; or if the length of the work is 80 m or more for a
route-based work or wall work.
2. Fines for construction
of a house or work on a river bed, islet or eyot on which construction works
are unavailable against the regulations prescribed in the license are as
follows:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the building area is less
than 05 m2; or if the length of the work is less than 10 m for a
route-based work or wall work;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the building area is from
05 m2 to less than 10 m2; or if the length of the work is
from 10 m to less than 20 m for a route-based work or wall work;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the building area is from
10 m2 to less than 30 m2; or if the length of the work is
from 20 m to less than 40 m for a route-based work or wall work;
d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the building area is from
30 m2 to less than 50 m2; or if the length of the work is
from 40 m to less than 60 m for a route-based work or wall work;
dd) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the building area is from
50 m2 to less than 100 m2; or if the length of the work
is from 60 m to less than 80 m for a route-based work or wall work;
e) A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed if the building area is 100
m2 or more; or if the length of the work is 80 m or more for a
route-based work or wall work.
3. Remedial measures:
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Article
34. Violations against regulations set out in point b clause 2 Article 27 of
the Law on Flood Control systems on expansion of building area when repairing
or upgrading existing works and houses within safety perimeters of flood
control systems and on river terraces, islets or eyots
1. A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for expansion of building area
without a permit or against the regulations set out in the license when
repairing or upgrading an existing work or house within the safety perimeter of
a flood control system and on a river terrace, islet or eyot if the expanded
area is less than 05 m2.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for expansion of building area
without a permit or against the regulations set out in the license when
repairing or upgrading an existing work or house within the safety perimeter of
a flood control system and on a river terrace, islet or eyot if the expanded
area is from 05 m2 to less than 10 m2.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for expansion of building
area without a permit or against the regulations set out in the license when
repairing or upgrading an existing work or house within the safety perimeter of
a flood control system and on a river terrace, islet or eyot if the expanded
area is from 10 m2 to less than 30 m2.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for expansion of building
area without a permit or against the regulations set out in the license when repairing
or upgrading an existing work or house within the safety perimeter of a flood
control system and on a river terrace, islet or eyot if the expanded area is
from 30 m2 to less than 50 m2.
5. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed for expansion of building
area without a permit or against the regulations set out in the license when
repairing or upgrading an existing work or house within the safety perimeter of
a flood control system and on a river terrace, islet or eyot if the expanded
area is 50 m2 or more.
6. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clauses 1, 2, 3, 4 and 5 of this Article is committed.
Article
35. Violations against regulations in licenses or written approval for
dike-related activities
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2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for carrying out activities
prescribed in points a, b, c, d, e, g and h clause 1 Article 25 against the
regulations set forth in the license and the written approval specified in
clause 2 Article 28 of the Law on Flood Control Systems.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for carrying out activities
prescribed in points a, b, c, d, e, g and h clause 1 Article 25 of the Law on
Flood Control Systems without the license; carrying out the activities
specified in clause 2 Article 28 of the Law on Flood Control Systems without
the written approval.
4. Additional penalties:
Suspend the license for
01 to 03 months in the case of the violations specified in clause 2 of this
Article.
5. Remedial measures:
The violator is compelled
to restore to the original condition if any of the violations specified in
clauses 1, 2 and 3 of this Article is committed.
Article
36. Violations against regulations on mobilization of resources for dike
protection and salvage of dike safety-related works
A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to implement decisions
made by authorized persons on mobilization of forces, supplies and vehicles for
dike protection or salvage of dike safety-related works., which is not so
serious that criminal prosecution may be brought.
Chapter
V
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Article
37. Power to make administrative violation records
1. Records of
administrative violations against regulations on disaster management;
irrigation; flood control systems shall be made as prescribed in Article 58 of
the Law on Penalties for Administrative Violations and Government’s Decree on
elaboration of the Law on Penalties for Administrative Violations.
2. Persons that have the
power to make records of the violations against regulations specified in this
Decree include:
a) The persons that have
the power to make administrative violation records specified in Articles 38 to
46 of this Decree in the performance of their duty;
b) Public officials and
public employees in the performance of their duty in relation to natural
disaster management; irrigation; flood control systems;
c) Public officials and
public employees of state inspecting authorities, authorities assigned to carry
out specialized inspections in the performance of their duty;
d) People working for the
People's Army and People's Public Security Forces in the performance of their
duty.
3. The persons that have
the power to make records specified in clause 2 of this Article shall issue
decisions to impose penalties within their power or transfer the violation
cases to persons having the power to impose penalties in accordance with
regulations of law on imposition of penalties for administrative violations and
this Decree.
Article
38. Power to impose penalties of Chairmen/Chairwomen of People’s Committees
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a) issue warnings;
b) impose a fine of up to
VND 5,000,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 10,000,000;
d) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
2. Chairmen/Chairwomen of
district-level People’s Committees are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed; up to VND 100,000,000 if a violation against regulations on
irrigation is committed; up to VND 50,000,000 if a violation against
regulations on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits
and instrumentalities for committing administrative violations;
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3. Chairmen/Chairwomen of
provincial People’s Committees are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100,000,000 if a violation against
regulations on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits
and instrumentalities for committing administrative violations;
dd) enforce the remedial
measures specified in Article 4 of this Decree.
Article
39. Power to impose penalties of inspecting authorities and authorities
assigned to carry out specialized inspections of disaster management;
irrigation; flood control systems
1. Inspectors and persons
assigned to carry out specialized inspections of disaster management;
irrigation; flood control systems in the performance of their duty are entitled
to:
a) issue warnings;
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c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 1,000,000;
d) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
2. Chief Inspectors of
Provincial Departments of Agriculture and Rural Development; Chiefs of
Specialized Inspectorates of Provincial Departments of Agriculture and Rural
Development; Chiefs of Specialized Inspectorates of the Directorate of Water
Resources, the Vietnam Disaster Management Authority; Directors of
Sub-departments in charge of natural disaster management, irrigation and flood
control systems; Heads of Inspectorates of Sub-departments in charge of natural
disaster management, irrigation and flood control systems are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management; up to
VND 50,000,000 if a violation against regulations on irrigation and flood
control systems is committed;
c) suspend the license;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 if the violations against regulations on
disaster management are committed; VND 100,000,000 if the violations against
regulations on irrigation and flood control systems are committed;
dd) enforce the remedial
measures specified in Article 4 of this Decree.
3. Chiefs of Specialized
Inspectorate of the Ministry of Agriculture and Rural Development are entitled
to:
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b) impose a fine of up to
VND 35,000,000 if a violation against regulations on disaster management is
committed; up to VND 175,000,000 if a violation against regulations on
irrigation is committed; up to VND 70,000,000 if a violation against regulations
on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 70,000,000 if the violations against regulations on disaster
management are committed; VND 350,000,000 if the violations against regulations
on irrigation are committed; VND 140,000,000 if the violations against
regulations on flood control systems are committed;
dd) enforce the remedial
measures specified in Article 4 of this Decree.
4. The Chief Inspector of
the Ministry of Agriculture and Rural Development, Director General of the
Directorate of Water Resources, Director General of the Vietnam Disaster
Management Authority are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100,000,000 if a violation against regulations
on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits
and instrumentalities for committing administrative violations;
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Article
40. Power to impose penalties of fisheries resources surveillance forces
1. Chiefs of fisheries
resources surveillance stations affiliated to Regional fisheries resource
surveillance offices are entitled to:
a) impose a fine of up to
VND 10,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 if the violations against regulations on
disaster management are committed;
c) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
2. Directors of Regional
fisheries resource surveillance offices are entitled to:
a) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
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a) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial measures
specified in point a clause 1 Article 4 of this Decree.
Article
41. Power to impose penalties of the People’s Public Security
1. Commune-level Police
Chiefs, Heads of Police Posts, Majors of Mobile Police Battalions, and Captains
of Squadrons are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 2,500,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 5,000,000;
d) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
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a) issue warnings;
b) impose a fine of up to
VND 10,000,000 if a violation against regulations on disaster management is
committed; up to VND 25,000,000 if a violation against regulations on irrigation
is committed; up to VND 20,000,000 if a violation against regulations on flood
control systems is committed;
c) suspend the license;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of which
does not exceed VND 20,000,000 if the violations against regulations on
disaster management are committed; VND 50,000,000 if the violations against
regulations on irrigation are committed; VND 40,000,000 if the violations
against regulations on flood control systems are committed;
dd) enforce the remedial
measures specified in point a clause 1 and clause 2 Article 4 of this Decree.
3. Directors of
provincial Police Departments are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed; up to VND 100,000,000 if a violation against regulations on
irrigation is committed; up to VND 50,000,000 if a violation against
regulations on flood control systems is committed;
c) suspend the license;
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dd) enforce the remedial
measures specified in Article 4 of this Decree.
4. Director General of
the Economic Security Department, Director General of the Police Department for
Administrative Management of Social Order, Director General of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes,
Director General of the Traffic Police Department, Director General of the Firefighting,
Prevention and Rescue Police Department, Director General of the Police
Department for Prevention and Control of Environmental Crimes, Commander of the
Mobile Police are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100.000.000 if a violation against
regulations on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits
and instrumentalities for committing administrative violations;
dd) enforce the remedial
measures specified in Article 4 of this Decree.
Article
42. Power to impose penalties of the Border Guard
1. The 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 are
entitled to:
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b) impose a fine of up to
VND 5,000,000 if a violation against regulations on disaster management is
committed; up to VND 10,000,000 if a violation against regulations on
irrigation and flood control systems is committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 10,000,000 if the violations against regulations on
disaster management are committed; VND 20.000.000 if the violations against
regulations on irrigation and flood control systems are committed;
d) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
2. Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000 if a violation against regulations on disaster management is
committed; up to VND 25,000,000 if a violation against regulations on
irrigation is committed; up to VND 20,000,000 if a violation against
regulations on flood control systems is committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 if the violations against regulations on
disaster management are committed; VND 50,000,000 if the violations against
regulations on irrigation are committed; VND 40,000,000 if the violations
against regulations on flood control systems are committed;
dd) enforce the remedial
measures specified in point a clause 1 and clause 2 Article 4 of this Decree.
3. Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Border Guard High Command are entitled to:
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b) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed; up to VND 100,000,000 if a violation against regulations on
irrigation is committed; up to VND 50,000,000 if a violation against
regulations on flood control systems is committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 if the violations against regulations on
disaster management are committed; VND 200,000,000 if the violations against
regulations on irrigation are committed; VND 100,000,000 if the violations
against regulations on flood control systems are committed;
d) enforce the remedial
measures specified in Article 4 of this Decree.
4. Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons and
Director General of the Department of Drug and Crime Prevention and Control
affiliated to the Border Guard High Command are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100,000,000 if a violation against
regulations on flood control systems is committed;
c) suspend the license;
d) confiscate exhibits
and instrumentalities for committing administrative violations;
dd) enforce the remedial
measures specified in Article 4 of this Decree.
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1. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) impose a fine of up to
VND 5,000,000 if a violation against regulations on disaster management is
committed;
b) enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
2. Commanders of
coastguard platoons are entitled to:
a) impose a fine of up to
VND 10,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 if the violations against regulations on
disaster management are committed;
c) enforce the remedial
measures specified in point a clause 1, point a clause 2 Article 4 of this
Decree.
3. Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam are entitled to:
a) impose a fine of up to
VND 15,000,000 if a violation against regulations on disaster management is
committed;
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c) enforce the remedial
measures specified in point a clause 1, point a clause 2 Article 4 of this
Decree.
4. Commanders of regional
coastguard command centers and Director General of the Department of Operations
and Legislation under the control of the Command of Coast Guard of Vietnam are
entitled to:
a) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial
measures specified in point a clause 1, point a clause 2 Article 4 of this
Decree.
5. Commander of Vietnam
Coast Guard is entitled to:
a) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial measures
specified in point a clause 1, point a clause 2 Article 4 of this Decree.
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1. Chief Inspectors of
provincial Departments of Transport, Chief Inspector of the Vietnam Maritime
Administration, Chief of Specialized Inspectorate of the Directorate for Roads
of Vietnam, Chief of Specialized Inspectorate of the Vietnam Maritime
Administration, Chief of Specialized Inspectorate of the Vietnam Inland
Waterway Administration, Chiefs of Specialized Inspectorates of provincial
Departments of Transport; Heads of Regional Road Authorities affiliated to the
Directorate for Roads of Vietnam, Chiefs of Specialized Inspectorates of
Regional Road Authorities affiliated to the Directorate for Roads of Vietnam
are entitled to:
a) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed; up to VND 50,000,000 if a violation against regulations on
irrigation and flood control systems is committed;
b) suspend the license;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 if the violations against regulations on
disaster management are committed; VND 100,000,000 if the violations against
regulations on irrigation and flood control systems are committed;
d) enforce the remedial
measures specified in point a clause 1, point dd clause 2 Article 4 of this
Decree.
2. Chief of Specialized
Inspectorate of the Ministry of Transport is entitled to:
b) impose a fine of up to
VND 35,000,000 if a violation against regulations on disaster management is
committed; up to VND 175,000,000 if a violation against regulations on
irrigation is committed; up to VND 70,000,000 if a violation against
regulations on flood control systems is committed;
b) suspend the license;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 70,000,000 if the violations against regulations on
disaster management are committed; VND 350,000,000 if the violations against
regulations on irrigation are committed; VND 140,000,000 if the violations
against regulations on flood control systems are committed;
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3. Chief Inspector of the
Ministry of Transport, Director General of the Directorate for Roads of
Vietnam, Director General of the Vietnam Maritime Administration and Director
General of the Vietnam Inland Waterway Administration are entitled to:
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100,000,000 if a violation against
regulations on flood control systems is committed;
b) suspend the license;
c) confiscate exhibits
and instrumentalities for committing administrative violations;
d) enforce the remedial
measures specified in point a clause 1, point dd clause 2 Article 4 of this
Decree.
Article
45. Power to impose penalties of natural resources and environment inspecting
authorities
1. Inspectors and persons
assigned to carry out specialized inspections in the performance of their duty
are entitled to:
a) issue warnings;
b) impose a fine of up to
VND 500,000;
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d) enforce the remedial measures
specified in point a clause 1 Article 4 of this Decree.
2. Chief Inspectors of
provincial Departments of Natural Resources and Environment; Chiefs of
Specialized Inspectorates of provincial Departments of Natural Resources and
Environment; Chiefs of Specialized Inspectorates of the General Department of
Geology and Minerals of Vietnam, General Department of Land Administration and
Vietnam Environment Administration are entitled to:
a) impose a fine of up to
VND 25,000,000 if a violation against regulations on disaster management is
committed; up to VND 50,000,000 if a violation against regulations on
irrigation and flood control systems is committed;
b) suspend the license;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 if the violations against regulations on
disaster management are committed; VND 100,000,000 if the violations against
regulations on irrigation and flood control systems are committed;
dd) enforce the remedial
measures specified in clause 1, point d clause 2 Article 4 of this Decree.
3. Chief of Specialized
Inspectorate of the Ministry of Natural Resources and Environment is entitled
to:
b) impose a fine of up to
VND 35,000,000 if a violation against regulations on disaster management is
committed; up to VND 175,000,000 if a violation against regulations on
irrigation is committed; up to VND 70,000,000 if a violation against
regulations on flood control systems is committed;
b) suspend the license;
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dd) enforce the remedial
measures specified in clause 1, point d clause 2 Article 4 of this Decree.
4. Chief Inspector of the
Ministry of Natural Resources and Environment, Director General of the General
Department of Geology and Minerals of Vietnam, Director General of the General
Department of Land Administration and Director General of the Vietnam
Environment Administration are entitled to:
b) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed; up to VND 250,000,000 if a violation against regulations on
irrigation is committed; up to VND 100,000,000 if a violation against
regulations on flood control systems is committed;
b) suspend the license;
c) confiscate exhibits
and instrumentalities for committing administrative violations;
dd) enforce the remedial
measures specified in clause 1, point d clause 2 Article 4 of this Decree.
Article
46. Power to impose penalties of seaport authorities and inland waterways port
authorities
1. Chief representatives
of seaport authorities and inland waterways port authorities are entitled to:
a) impose a fine of up to
VND 10,000,000 if a violation against regulations on disaster management is
committed;
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2. Directors of seaport
authorities and inland waterways port authorities are entitled to:
a) impose a fine of up to
VND 50,000,000 if a violation against regulations on disaster management is
committed;
b) confiscate exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial
measures specified in point a clause 1, point a clause 2 Article 4 of this
Decree.
Article
47. Delegation of power to impose penalties for administrative violations
1. Power to impose
penalties for administrative violations of Chairmen/Chairwomen of People’s
Committees at all levels
Chairmen/Chairwomen of
People’s Committees at all levels have the power to impose penalties for the
administrative violations specified in Chapters II, III and IV within their
power prescribed in this Decree and within the scope of their functions, tasks
and entitlements.
2. Power to impose
penalties of inspecting authorities and heads of authorities assigned to carry
out specialized inspections of disaster management; irrigation; flood control
systems
Persons having the power
to impose penalties of inspecting authorities and heads of authorities assigned
to carry out specialized inspections of disaster management; irrigation; flood
control systems shall impose penalties for the administrative violations
specified in Chapters II, III and IV within their power prescribed in Article
39 of this Decree and within the scope of their functions, tasks and entitlements.
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Persons having the power
to impose penalties of fisheries resources surveillance forces shall impose
penalties for the administrative violations specified in clause 2 Article 8,
clause 1 Article 9, Article 12, Article 13 and Article 16 within their power
prescribed in Article 40 of this Decree and within the scope of their
functions, tasks and entitlements within the assigned territorial waters.
4. Power to impose
penalties for administrative violations of the People’s Public Security
Persons having the power
to impose penalties of the People’s Public Security shall impose penalties for
the administrative violations specified in Article 9, Article 10, Article 12,
Article 13, Article 14, Article 18, Article 20, Article 21, Article 22, Article
24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30,
Article 31 , Article 32, Article 33, Article 34, Article 35 and Article 36
within their power prescribed in Article 41 of this Decree and within the scope
of their functions, tasks and entitlements in the fields and localities under
their management.
5. Power to impose
penalties for administrative violations of the Border Guard
Persons having the power
to impose penalties of the Border Guard forces shall impose penalties for the
administrative violations specified in Article 9, Article 10, Article 12,
Article 13, Article 14, Article 18, Article 20, Article 21, Article 22, Article
24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30,
Article 31 , Article 32, Article 33, Article 34, Article 35 and Article 36
within their power prescribed in Article 42 of this Decree and within the scope
of their functions, tasks and entitlements in border areas.
6. Power to impose
penalties for administrative violations of the Coast Guard
Persons having the power
to impose penalties of Coast Guard forces shall impose penalties for the administrative
violations specified in clause 2 Article 8, clause 1 Article 9, Article 12,
Article 13, clause 2 Article 14 and Article 16 within their power prescribed in
Article 43 of this Decree and within the scope of their functions, tasks and
entitlements and localities within the assigned territorial waters.
7. Power to impose
penalties for administrative violations of transport inspecting authorities
Persons having the power
to impose penalties of the transport inspection forces shall impose penalties
for the administrative violations specified in Article 12, Article 13, Article
15, Article 16, points g and h clause 2 Article 24, Article 25, Article 30 and
Article 31within their power prescribed in Article 44 of this Decree and within
the scope of their functions, tasks and entitlements.
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Persons having the power
to impose penalties of the natural resources and environment inspection forces
shall impose penalties for the administrative violations specified in Article
10, Article 11, Point dd Clause 6 Article 24, point a clause 2 Article 26,
clause 6 Article 27 and clause 1 Article 29 within their power prescribed in
Article 45 of this Decree and within the scope of their functions, tasks and
entitlements.
9. Power to impose
penalties for administrative violations of seaport authorities and inland
waterways port authorities
Persons having the power
to impose penalties of the seaport authorities and inland waterways port
authorities shall impose penalties for the administrative violations specified
in clause 2 Article 8, clause 1 Article 9, Article 12, Article 13, clause 2
Article 14 and Article 16 within their power prescribed in Article 46 of this
Decree and within the scope of their functions, tasks and entitlements.
Article
48. Implementation of several remedial measures
1. The remedial measure
“enforced payment to the natural disaster management fund” specified in clause
3 Article 17 shall be implemented as follows:
a) The violator shall
make a payment to the competent collecting authority;
b) The competent
collecting authority shall collect and manage the payments made by the violator
to the fund as prescribed; notify results of payment made by the violator to
the fund to the person issuing the decision to impose penalties for
administrative violations;
c) Payment to the fund
shall be enforced in accordance with regulations of law on penalties for
administrative violations if the violator fails to make the payment to the fund
as prescribed in point a clause 1 of this Article.
2. The remedial measure
“enforced planting of mangroves in case of destruction; grass in case of
hoeing, digging or mowing” specified in point a clause 11 of Article 27 shall
be implemented as follows:
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b) The Dike Management
Office shall supervise and provide guidance on the implementation, make a
record confirming the completion and send it to the person issuing the decision
to impose penalties for administrative violations.
3. The remedial measure
“enforced return of the supplies reserved for flood, inundation or storm
control which have been appropriated or illegally used” specified in clause 2
of Article 30 shall be implemented as follows:
a) The violator shall
fully return the supplies reserved for flood, inundation or storm control which
have been appropriated or illegally used; arrange them in their original
condition. The returned supplies must be of the right types and have the same
service life as that of the supplies which have been appropriated or illegally
used or the supplies having the same functions; their technical specifications,
service life and total value must not be lower than those of the supplies which
have been have been appropriated or illegally used;
b) The unit assigned to
directly manage the supplies shall supervise and provide guidance on the
implementation, make a record confirming the completion and send it to the
person issuing the decision to impose penalties for administrative violations.
4. The remedial measure
“enforced repair of the damage to the flood control system specified in clause
6 and 31 of this Article” shall be implemented as follows:
a) The violator is
compelled to repair the damage to the flood control system and incur the costs
of inspection, assessment, survey, design consultancy and supervision
consultancy (if any). The repair shall be carried out according to the same or
higher technical standards and specialized norms;
b) If the violation
damages the flood control system, it is required to immediately repair the
damage to ensure dike safety. The violator must carry out the repair or
reimburse the costs of repair according to the plan approved by the competent
authority. The provincial Department of Agriculture and Rural Development and
provincial or district-level the Steering Committee for Natural Disaster
Management and Search and Rescue shall approve the aforesaid plan within the
scope of their functions, tasks and management;
c) The provincial
Department of Agriculture and Rural Development shall expedite, supervise and
provide guidance on the implementation; make a record confirming the completion
and send it to the person issuing the decision to impose penalties for
administrative violations.
Chapter
VI
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Article
49. Effect
1. This Decree comes into
force from the day on which it is signed for promulgation.
2. This Decree supersedes
the Government’s Decree No. 104/2017/ND-CP dated September 14, 2017 and Decree
No. 65/2019/ND-CP dated July 18, 2019.
Article
50. Transitional clauses
1. The regulations that
are advantageous to the violators shall apply to the administrative violations committed
before the effective date of this Decree and then discovered or currently taken
into consideration.
2. If individuals or
organizations 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
regulations of law on penalties for administrative violations in force at the
time of issuing such decisions on imposition of penalties for administrative
violations shall apply.
Article
51. Responsibility for implementation
1. The Minister of
Agriculture and Rural Development shall provide guidelines for, organize and
inspect the implementation of this Decree.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of
People’s Committees at all levels and organizations and individuals concerned
are responsible for the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh