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THE GOVERNMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 04/2022/ND-CP
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Hanoi, January 06, 2022
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DECREE
AMENDMENTS TO SOME ARTICLES OF DECREES ON PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON LAND; WATER RESOURCES AND
MINERALS; HYDROMETEOROLOGY; TOPOGRAPHY AND CARTOGRAPHY
Pursuant to the Law on
Government Organization of Vietnam dated June 19, 2015; the Law on amendments
to some articles of the Law on Government Organization of Vietnam and Law on
Local Government Organization of Vietnam dated November 22, 2019;
Pursuant to Law on
handling administrative violations of Vietnam dated June 20, 2012; the Law on
amendments and supplements to certain articles of Law on handling
administrative violations of Vietnam dated November 13, 2020;
Pursuant to the Land
Law of Vietnam dated November 29, 2013;
Pursuant to Law on
Water of Vietnam resources dated June 21, 2012;
Pursuant to the
Mineral Law of Vietnam dated November 17, 2010;
Pursuant to the Law on
Hydrometeorology dated November 23, 2015;
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At the request of the
Minister of Natural Resources and Environment of Vietnam;
The Government of
Vietnam promulgates a Decree on amendments to some articles of Decrees on
penalties for administrative violations against regulations on land; water
resources and minerals; hydrometeorology; topography and cartography.
Article 1. Amendments
to some articles of the Government’s Decree No. 91/2019/ND-CP dated November
19, 2019 on penalties for administrative violations against regulations on land
1. Point c Clause 2 Article 3 shall
be amended as follows:
“c) Use land allocated or
leased by the Government whose use period has expired without being extended by
the Government and with decision on expropriation that has been declared and
implemented but the land user fails to comply (except for cases in which
households or individuals directly conducting agricultural activities use
agricultural land);
2. Clauses 1, 2, 3, 4 and 10
Article 7 shall be added and amended as follows:
"1. In case of using
land for other purpose without permission of competent authorities as specified
in Articles 9, 10, 11, 12 and 13 of this Decree, amount of illegal revenue
generated by committing the violations is determined to be the difference
between prices of types of land before and after the violations calculated on
the area of repurposed land during the violation period (from the date of
repurposing to the date of making records of administrative violations). Land
prices before and after the violations shall equal land price listed under land
price schedules specified by the People’s Committees of provinces (applicable
to price of land before the violations) and at the time of making records of
administrative violations (applicable to price of land after repurposing).
Revenues illegally generated by repurposing land shall be calculated using
formula below:
Revenue illegally generated by violations
=
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Price of land are after repurposing (G2)
-
Price of land are before repurposing (G1)
X
Years of violation
Total land use period according to land price schedules
of land type of definite use term after repurposing; in case of long use
term, the period shall be 70 years
G (1,2) =
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X
Land price listed under land price schedules specified by
the People’s Committees of provinces
Type of land before the
violations shall be determined according to Article 3 of Decree No.
43/2014/ND-CP and has been revised in Clause 1 Article 2 of decree No.
01/2017/ND-CP ; type of land after the violations shall be determined according
to factual conditions at the time of making records of administrative
violations.
2. In case of using land gained by invading or appropriating
as specified in Article 14 of this Decree, illegal revenues generated by
committing the violations shall be determined by price of the invaded or
appropriated area during the violation period (from the date on which the
invaded or appropriated land is used to the date of making records of
administrative sanctions) calculated based on land price listed under land
price schedules specified by the People’s Committees of provinces for each land
type that is being used after being invaded and appropriated at the time of
making records of administrative sanctions using formula below:
Revenue illegally generated by violations
=
Area of land of violation
X
Land price listed under land price schedules specified by
the People’s Committees of provinces
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Years of violation
Total land use period according to land price schedules
of land type of definite use term being used; in case of long use term, the
period shall be 70 years
3. In case of trading or contributing capital in form of land
use rights that are considered ineligible in cases specified in Clause 3
Article 18, Clause 3 Article 19, Clause 1 Article 22, Article 25, Clause 3
Article 27 of this Decree, illegal revenues generated by violations shall be
determined by price of actual transferred land use rights according to signed
contracts, period of transfer but no less than value calculated based on land
price listed under land price schedules specified by the People’s Committees of
provinces at the time of making records of administrative sanctions using
formula below:
Revenue illegally generated by violations
=
Area of land of violation
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Land price
X
Years of violation
Total land use period according to land price schedules
of land type of definite use term that is transferred; in case of long use
term, the period shall be 70 years
4. In case of leasing or subletting land use rights of land
that is ineligible in cases specified in Clause 3 Article 18, Clauses 2 and 4
Article 19, Article 20, Clause 2 Article 27 of this Decree, illegal revenues
generated by violations shall equal actual lease value or sublet value
according to signed contract, calculated during lease or sublet period but no
less than land rents according to unit price of land rent for annual payment as
per the law at the time of making records of administrative violations
multiplies (x) area of leased or sublet land (x) years of leasing or subletting
(in which land price listed under land price schedules specified by the
People’s Committees of provinces)
10. The surrender of revenue illegally generated by committing
violations before the effective date of Decree No. 91/2019/ND-CP shall only be
applied to violations that the previous Decrees on penalties for administrative
violations against regulations on land (before Decree No. 91/2019/ND-CP)
stipulate surrender of illegal revenue. The period for calculation of
illegal revenue begins from the effective date of Decree stipulating violations
subject to surrender of illegal revenue, or from the date of occurrence of the
violation if the violation occurs after the effective date of the first Decree
on penalties for administrative violations against regulations on land that
stipulates enforced submission of illegal revenue. The determination of
illegally generated by committing violations shall comply with regulations of
this Decree.”
3. d) Point b, Clause 5, Article 9;
Point b, Clause 4, Article 10; Point b Clause 4 Article 11; Point b Clause 5
Article 12; Clause b, Clause 7 Article 14 shall be amended as follows;
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4. The first paragraph of Clauses
1, 2 Article 13 shall be amended as follows:
“1. Conversion of crops
mechanism on paddy land without the consent of the commune-level People's
Committees according to regulations of Point c, Clause 3, Article 13 of Decree
No. 94/2019/ND-CP dated December 13, 2019 of the Government on guidelines for
some Articles of the Law on Crop Production regarding plant varieties and crop
cultivation shall be sanctioned as follows:
2. Conversion of crops
mechanism on paddy land violating regulations under of Point a,b,c Clause 1,
Article 13 of Decree No. 94/2019/ND-CP dated December 13, 2019 of the
Government on guidelines for some Articles of the Law on Crop Production
regarding plant varieties and crop cultivation shall be sanctioned as follows:
5. Some Points, Clauses of Article 21 shall be amended as
follows:
a) The first paragraph of
Clause 1 Article 21 shall be amended as follows:
“1. Trade of land use
rights in form of dividing into parcels and selling vacant land in projects for
construction investment of houses for sale or a combination of for sale and for
rent without satisfying any of conditions specified in Clause 1 Article 41 of
Decree No. 43/2014/ND-CP and (amendments thereto in Clause 17, Article 1 of the
Government's Decree No. 148/2020/ND-CP dated December 18, 2020 on amendments
and supplements to several Decrees, providing detailed regulations on
implementation of the Land Law) or satisfying all conditions specified in
Clause 1 Article 41 of Decree No. 43/2014/ND-CP and (amendments thereto in Clause
17, Article 1 of the Government's Decree No. 148/2020/ND-CP dated December 18,
2020 on amendments and supplements to several Decrees, providing detailed
regulations on implementation of the Land Law) without permission of provincial
People’s Committees as specified in Point a Clause 1 Article 194 of Land Law
shall be sanctioned as follows:
2. Trade of land use
rights in form of dividing into parcels and selling vacant land in projects for
construction investment of houses for sale or a combination of for sale and for
rent without satisfying 2 or more conditions specified in Clause 1 Article 41
of Decree No. 43/2014/ND-CP and (amendments thereto in Clause 17, Article 1 of
the Government's Decree No. 148/2020/ND-CP) shall be sanctioned as follows:
b) Points b, c Clause 4
shall be amended as follows:
“4. Remedial measures:
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c) Enforce project developers
to take responsibility in completing house construction in accordance with the
approved design in case of unsatisfactory to conditions specified in Point d
Clause 1 Article 41 of Decree No. 43/2014/ND-CP (adjusted to Point c Clause 1
Article 43 Decree No. 43/2014/ND-CP in Clause 17 Article 1 of Decree No.
148/2020/ND-CP);”.
6. Clause 2 Article 22 shall be
amended as follows:
“2. A fine ranging from
VND 50.000.000 to VND 100.000.000 shall be imposed on persons receiving the
trade of land use rights accompanied by partial or total trade of completed
investment projects if they do not operate within the business lines
appropriate to intended use of the land or aim of the investment projects, make
deposit margin according to investment laws, have financial capacity as
specified in Clause 2 Article 14 of Decree No. 43/2014/ND-CP, or they violate
any regulations and law on land in case of using land and land tax allocated by
the government for implementation of other investment projects.
7. Some Clauses of Article 37 shall be amended as follows:
a) Clause 2 shall be
amended as follows:
“2. Organizations
violating conditions for consulting services for planning and land use schemes
production shall be sanctioned as follows:
a) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed on consulting for production
of planning and land use schemes without being certified for consulting
services for production of planning and land use schemes or not having 2
personnels operating in consulting services for production of planning and land
use schemes specified in Clause 2 Article 10 of Decree No. 43/2014/ND-CP (and
amendments thereto in Clause 8 Article 1 of Decree No. 148/2020/ND-CP)
b) A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed on consulting for production
of planning and land use schemes without being certified for consulting
services for production of planning and land use schemes and not having 2
personnels operating in consulting services for production of planning and land
use schemes specified in Clause 2 Article 10 of Decree No. 43/2014/ND-CP (and
amendments thereto in Clause 8 Article 1 of Decree No. 148/2020/ND-CP)
b) Clause 4 shall be
amended as follows:
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a) Revocation of
operation license from 6 to 9 months for organizations issued with operation
license from the date on which decision on administrative sanctions enters into
force;
b) Suspension of
operation from 9 to 12 months for organizations that are not issued with
operation license from the date on which decision on administrative sanctions
enters into force.”.
8. Point b Clause 2 Article 38
shall be amended as follows:
“b) Impose a fine of up
to VND 100.000.000;
9. Clause 1 Article 40 shall be
amended as follows:
“1. Records of
administrative violations regarding land administration shall be produced as
specified in Article 58 of Law on Administrative Sanctions and Decree
elaborating some articles and enforcement of the Law on Handling administrative
violations.”.
10. Clause 4 Article
43 shall be amended as follows:
“4. Point c Clause 2,
Point k Clause 3, Clause 5 Article 4; Clause 4, Article 38 and Clause 6,
Article 39 of Decree No. 91/2019/ND-CP dated November 19, 2019 of the
Government shall be annulled.
Article 2. Amendments
to some articles of Government’s Decree No. 36/2020/ND-CP dated March 24, 2020
on penalties for administrative violations against regulations on water
resources and minerals
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"b) Organizations
established under foreign laws and carrying our business investment activities
in Vietnam; foreign-invested business entities; representative offices and
branches of foreign traders in Vietnam; representative offices of foreign trade
promotion organizations in Vietnam;
2. Some Points, Clauses of Article 4 shall be amended as
follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscation of the
mineral exploration license or the mining license for 01 – 24 months from the
date on which decision on administrative sanctions enters into force;
b) Clause 2 shall be
amended as follows:
“2. Additional penalties:
Depending on the nature
and severity of the violation, the entity who commits administrative violations
regulated by this Decree may also incur one or several additional penalties
below:
a) Suspension of the
license to explore; extract or use water resources; the groundwater drilling
license; the mineral exploration license or the mining license for 01 – 24
months from the date on which decision on administrative sanctions enters into
force;
b) Suspension of the
formulation and/or realization of water resources projects/schemes; suspension
of the exploration; extraction or use of water resources; practicing of
groundwater drilling; exploration or mining of minerals for 01 – 24 months;
from the date on which decision on administrative sanctions enters into force;
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c) Clause 3 shall be
amended as follows:
“a) Enforced restoration
of original condition with measures including: enforced adoption of remedial
measures against land subsidence or other emergencies; enforced implementation
of measures for land restoration and environmental remediation;
b) Enforced demolition of
works or parts of works constructed without licenses or constructed in
contravention of licenses with measures. including: enforced leveling or
demolition of illegally built works; enforced demolition or relocation of
obstacles to flows; enforced movement of machinery, equipment and/or assets to
out of the mineral exploration/mining areas;
c) Enforced
implementation of remedial measures against environmental pollution,
degradation and depletion of water resources; enforced filling and sealing of
boreholes; enforced implementation of measures to prevent environmental
pollution and adverse impacts on human health; measures for environmental
remediation of mining areas;
d) Enforced compliance
with procedures for operation of reservoir and inter- reservoirs issued by the
competent authority; enforced implementation of measures to lower the water
level of reservoir to the water level before flood; measures to operate
reservoirs to reduce floods hitting lowlands; measures to operate reservoirs to
ensure annual low-water flow after operation of works during dry season;
measures to operate reservoirs to maintain the minimum water level of reservoir
during dry season; and remedial measures against water scarcity in lower
reservoirs;
dd) Enforced compensation
for damage if violations cause floods, drought influencing production and daily
activities of the people in lowland of the reservoir;
e) Enforced leveling of
exploration works; implementation of measures for unmined mineral protection
and environmental remediation, and transfer of mineral specimens and its
related information to mineral authorities;
g) Enforced leveling of
exploration works and environmental remediation within explored area beyond the
licensed exploration area; enforced remediation of environment in the explored
area; enforced performance of leveling, environmental improvement and
remediation activities;
h) Enforced
implementation of measures to bring mined areas beyond the licensed mining area
to safe state; enforced restoration of land in conformity with mine closure
project approved by the competent authority;
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k) Enforced
implementation of measures to renovate environmental protection works, remedial
measures against environmental pollution and/or infrastructure damage caused by
the mining in excess of permitted mining output;
l) Enforced
implementation of remedial measures against technical infrastructure damage;
enforced upgrading, repair and maintenance, and construction of roads;
m) Enforced transfer of
mineral specimens and mineral-related information to mineral authorities;
o) Enforced correction of
falsified information and data because of violations;
p) Enforced payment of
fees for using mineral-related information as notified by regulatory
authorities, and late payment fines to state budget;
q) Enforced return of
illegal benefits obtained from violations or enforced return of the money
equivalent to the value of material evidences, means used to commit
administrative violations which have been sold, dispersed or destroyed contrary
to the law provisions. To be specific:
If an entity extracts
water for purposes of producing hydroelectric power, and producing and trading
domestic water, the illegal benefit obtained from a violation against
regulations on water resources equals total value of water extracted minus (-)
the extraction cost. If an entity extracts water for purposes of
non-agricultural production other than those of production of hydroelectric
power and production of and trading in domestic water, the illegal benefit
obtained from a violation equals (=) total quantity of water extracted
multiplied by (x) prices of domestic water for production and trading in a
province minus (-) the extraction cost.
The illegal benefit
obtained from a violation against regulations on minerals equals the total
volume of minerals mined multiplied by (x) the unit price (VND/tonne, m3, kg,
etc.) minus (-) the mining cost.
If the entity has paid
fees for granting the water extraction right or mining right, severance tax,
environmental protection fees and other fees and charges, the abovementioned
payments shall be deducted upon calculation of the illegal benefit.
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r) Enforced payment of
fees for expert examination, inspection and measurement if any violation is
committed;
s) Enforced
implementation of measures to improve and remediate environment of the mined
area, and measures to bring mining areas to the safe state.
t) Enforced revocation of
erased or falsified license to the competent authority or person that has
granted license for cases specified in Clauses 1 Article 12 of this Decree.”.
d) Clause 4 shall be
added to Clause 3 as follows:
“4. Enforcement of
remedial measure which is return of erased or falsified license for cases specified
in Clause 1 Article 12 of this Decree.
The violator shall submit
its license which has been erased and falsified to the person who has the power
to impose penalties for administrative violations. If a person having the power
to issue the decision imposing penalties for administrative violations is not
concurrently the agency or person having the power to grant the licence, within
05 working days from the date of issuance of the decision imposing penalties
for administrative violations, the person having the power to issue the
decision imposing penalties for administrative violations shall send a
notification of the application of enforced return of erased or falsified
license to the agency or person having the power to grant the licence (except
for licence issued by the foreign agency).
3. Clause 1, 3 Article 5 and
Articles 5a, 5b shall be amended and added as follows:
“1. The fines prescribed
in Chapter II and Chapter III hereof are imposed for administrative violations
committed by individuals. Fines imposed on household businesses; branches or
representative offices committing administrative violations outside the scope
and time limit authorized by the enterprise are the same as those imposed on
individuals. The fine incurred by an organization (including a branch or
representative office committing administrative violations within the scope and
time limit authorized by the enterprise) is twice as much as the fine incurred
by an individual for the same violation.
3. In case of mining in the corridor of protection for
infrastructure works without licence, in addition to the fines prescribed in
this Decree, the penalties according to the specialized law shall also be
considered for application.
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1. The limitation period for imposition of an administrative
penalty for violation against regulations on water resources shall be 02 years
2. Acts of administrative violations that have ended and the
time of abandonment of violations:
The time of abandonment
of violations is the time on which an organization or individual abandons the
time limit for report, notification, declaration, submission of dossiers or
publication and collection of opinions as prescribed in Decree No. 36/2020/
ND-CP for the following violations:
a) Violations against
regulations on conditions for capability to implement projects, projects on
fundamental investigation or provide advice on formulation of a water resources
planning specified in Clauses 1, 2 and 4 Article 6;
b) Failing to report the
results of monitoring and supervision to the competent authority as prescribed
in Clause 1, Article 8;
c) Failing to fully and
truthfully provide data and information on water resources in areas of
exploration, extraction and use of water resources according to the request of
the competent authority specified in Clause 1, Article 10;
d) Failing to report
extraction and use of water resources to the competent authority as prescribed
at Point a, Clause 2, Article 10;
dd) Failing to fully and
truthfully report or report extraction and use of water resources under the
regime to the competent authority as prescribed at Point b, Clause 2, Article
10;
e) Failing to submit
annual consolidated reports on groundwater drilling works as prescribed at
Point a, Clause 2, Article 11;
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h) Failing to submit
reports on borehole filling and sealing to the competent authority as
prescribed at Point a, Clause 1, Article 22;
i) Failing to promptly
submit reports on any emergency that adversely influences the water quality
and/or borehole’s water level to the competent authority as prescribed at Point
b, Clause 1, Article 22;
k) Failing to notify the
date and place of borehole filling and sealing to the competent authority as
prescribed at Point d, Clause 1 Article 22;
l) Failing to publish
information concerning the project’s extraction and use of water resources or
discharge of wastewater into water bodies as prescribed at Point b, Clause 5,
Article 29;
m) Failing to seek
opinions from relevant residential communities, organizations and individuals
as prescribed at Point b, Clause 6, Article 29;
n) Failing to submit the
application for calculating fees for granting water extraction rights as
prescribed at Point d, Clause 6, Article 29;
o) Failing to submit the
application for adjustment to fees for granting water extraction rights if the
adjustment is required as prescribed at Point dd, Clause 6, Article 29;
3. In case of other violations specified in Decree No.
36/2020/ND-CP that occur due to failure to comply or properly comply with
regulations of the Law on water resources, the ending time of violations is the
time on which organization or individual no longer has the obligation to comply
with regulations.
4. Administrative violations against regulations on water
resources that fall outside the cases specified in Clauses 2 and 3 of this
Article and have ended before the time on which the competent person on duty
detects the violations shall be determined as acts of administrative violations
that have ended.
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Article 5b. Limitation period for imposition of an administrative
penalty, acts of administrative violations that have ended, acts of
administrative violations in progress against regulations on minerals
The limitation period for
imposition of an administrative penalty, the time to calculate the limitation
period for imposition of an administrative penalty, acts of administrative
violations that have ended and the time of abandonment of violations and acts
of administrative violations in progress against regulations on minerals are
regulated as follows:
1. The limitation period for imposition of an administrative
penalty for violation against regulations on minerals shall be 02 year
2. The administrative violations that have ended and the time
of abandonment of violations:
a) Failing to send
written notification of the mineral exploration plan as prescribed at Clause 1
Article 31; failing to send a written notification or register the date of
commencement of mine fundamental construction or the date of commencement of
exploration, activities carried out to upgrade mineral reserves/resources
category as prescribed at Point a, Clauses 1 and 2 Article 36 of this Decree;
failing to notify the plan as prescribed at Clause 5 Article 36 of this Decree;
failing to send notify the licensing authority of the case in which the
extraction is suspended for 01 year or more; failing to register the geological
baseline survey of minerals as prescribed at Clause 1 Article 53 of this
Decree. The time of abandonment of violations is the time of commencement of
geological baseline survey of minerals, exploration, exploration carried out to
upgrade, fundamental construction, extraction or re-extraction
b) Submitting a report
containing inaccurate contents as prescribed at Clause 3 Article 31 of this
Decree. The ending time of violations is the time of report;
c) Conducting field
surveys and taking samples from land surface as prescribed at Article 30 of
this Decree; failing to satisfy all eligibility requirements for practicing
mineral exploration as prescribed at Clause 6 Article 31 of this Decree;
failing to conduct or conduct in accordance with regulations of mineral
exploration project, mineral exploration license, mining license; exploring,
mining with an unexpired license or without license; exploring minerals before
the mineral exploration license is obtained; taking advantage of exploration
activities for mining purposes; committing violations against regulations on
mine design as prescribed at Clause 3 Article 38 of this Decree; committing
violations against regulations on mine executive director as prescribed at
Point b Clause 1 Article 39 of this Decree; committing violations against
regulations at Articles 43 and 44 of this Decree; committing violations against
regulations on mine closure as prescribed at Clause 5 Article 49 of this
Decree; removing minerals in the process of implementation of project on
closure of mine; committing violations against regulations on use of
minerals-related information as prescribed at Clause 1 Article 51 of this
Decree; exploring and using minerals as prescribed at Point b Clause 3 Article
52 of this Decree; committing violations against regulations as prescribed at
Point a Clause 2, Points a and d Clause 3 Article 53 of this Decree; committing
violations as prescribed at Article 54a of this Decree; exceeding the limits on
loss of minerals as prescribed at Clause 2 Article 54 of this Decree. The
ending time of violations is the time of completion of the violations specified
at this point.
d) Committing violations
against regulations on planting boundary markers at corner points of a licensed
mineral exploration area; committing violations against regulations on
obligations to be fulfilled upon the expiry of mineral exploration license;
committing violations against regulations on exploration of toxic minerals;
failing to submit the application for calculating fees for granting mining
right according to regulations; failing to include sufficient information in
the periodical report on mineral mining according to the template; submitting
the application for calculating fees for granting mining right against
regulations on fees for granting mining right; failing to retain results of
mineral exploration carried out to upgrade mineral reserves/resources category;
committing violations against regulations on mine design at Clauses 1, 2 and 4
Article 38 of this Decree; committing violations against regulations on mine
executive director at Point a Clauses 1, 2 and 3 Article 39 of this Decree;
failing to install weigh station, camera system in a warehouse or place where
crude minerals are moved from the mine; committing violations against
regulations at Clauses 3, 4, 5, 7, 8 Article 40; committing violations against
regulations on submission of applications for adjustment to the mining license;
committing violations against regulations on obligations of a mining right
auction winner as prescribed at Clauses 1 and 2 Article 46 of this Decree;
committing violations against regulations on mine closure as prescribed at Clauses
1, 2, 3 and 4 Article 49 of this Decree; committing violations against
regulations on legitimate interests of local authorities and people in mining
areas; failing to report types of or all types of minerals discovered; failing
to implement or insufficiently implementing request of the competent authority;
insufficiently reimbursing or failing to reimburse the costs of conducting the
geological baseline survey of minerals or mineral exploration; committing
violations against regulations at Points b and c Clause 2, Points b and c
Clauses 3 and 4 Article 53 of this Decree; committing violations against
regulations at Clauses 3 and 4 Article 54 of this Decree. The ending time of
violations is the time at which the tasks mentioned in this Point has been fully
performed according to regulations on minerals.
dd) Failing to submit or
submit a periodic report on mineral exploration and mining before the deadline;
failing to submit the ad hoc report before the deadline; failing to send or
send statistical/stocktaking results of the mineral reserves before the
deadline; failing to submit a report on geological baseline survey of minerals
and geological specimens to the mineral authority before the deadline. The
ending time of violations is the deadline for submission according to
regulations.
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g) Failing to apply for
approval for mineral reserves that have been explored or exploration to upgrade
mineral reserves; failing to submit a report on mineral exploration results
enclosed with the decision on approval for mineral deposit to be included in
geological achieves. The ending time of violations specified in this point is
the time at which all dossiers and documents have been fully submitted and
approved by the competent authority according to regulations.
h) If the violators
cannot prove the ending time of administrative violations specified in Points
a, b, c, d, dd, e and g of this Clause, the violations are still within the
limitation period for imposition of administrative penalties.
3. The administrative violations against regulations on
minerals specified in this Decree but not specified in clause 2 of this Article
are treated as in-progress ones
4. Point c shall be added to Point 2 and some points of
Article 8 shall be annulled as follows:
a) Point a Clause 2 shall
be added as follows:
“c) Failing to install
monitoring equipment in accordance with regulations.”.
b) The phrase “xả nước
thải vào nguồn nước” at Point a, Clause 6 and Clause 7 shall be annulled.
5. Clauses 3, 4 Article 12 shall be
amended and added as follows:
“3. Additional penalties:
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4. Remedial measures:
Enforced return of erased
or falsified license in relation to violations specified in Clauses 1 of this
Article.”.
6. Point a Clauses 2 and Clause 11 Article 13 shall be amended
as follows:
a) Point a Clause 2 shall
be amended as follows:
“Using the surface area
of the reservoir for aquaculture or provision of tourism and/or entertainment
services without the written approval by the water resources authority, if the
reservoir is in the system of irrigation works, regulations on penalties for
administrative violations against regulations on irrigation shall apply;”.
b) Clause 11 shall be
amended as follows:
The violator is compelled
to follow procedures for operation of reservoir if any of the violations
prescribed in Point g Clause 7, Point c Clause 8 and Clause 9 of this Article
results in unexpected flash floods that cause adverse impacts on production
activities and life of the people in lowland of the reservoir/spillway
7. m,All contents of Article 20
shall be annulled.
8. All contents of Article 21 shall
be annulled.
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b) Enforced demolition of
the works in relation to violations prescribed in Clause 7 and Clause 8 of this
Article;”.
10. Some Points, Clauses of Article 25 shall be amended as
follows:
a) Clause 3 shall be
amended as follows:
“3. A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for carrying out mineral
mining or construction of a work/architectural object floating on the river, a
bridge/river port/wharf to receive ships and another hydraulic work within the
scope of water source protection corridor or in the river/lake bed, bank and
terrace against the technical regulations on flood control and relevant
technical requirements as prescribed by law resulting in obstruction of water
flows.
b) Point a Clause 4 shall
be amended as follows:
“a) Dredging or clearing
channels to open, upgrade inland channels and routes (except for periodic
maintenance of existing inland routes); building embankments, fortifying river
bank (except for embankment works, river diversion for natural disaster
prevention and control); improving landscape in riparian zones against the plan
approved by the competent authority;”.
c) Clause 7 shall be
amended as follows:
“7. Violations prescribed
in Clauses 1, 2, 3 and 5 of this Article in connection with channels or canals
of irrigation work systems shall be handled in accordance with regulations on
penalties for administrative violations against regulations on irrigation.”.
d) Points b and c Clause
9 shall be amended as follows:
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c) Enforced demolition of
the works or removal or relocation of the obstacles on the area of the
encroached river in relation to violation mentioned in Point b Clause 6 of this
Article.
11. Point a Clause 5
Article 26 shall be amended as follows:
“a) Enforced demolition
of the violating works prescribed in Clauses 3 and 4 of this Article;
12. Some Points, Clauses of Article 29 shall be amended as
follows:
a) Point d Clause 5;
point c Article 6 shall be annulled.
b) Points a and e Clause
6 shall be amended as follows:
“a) Including inaccurate
information in the application for license to explore, extract or use water
resources;
e) Failing to submit the
application for adjustment or re-issuance of the license to explore, extract or
use water resources, practice groundwater drilling in case the adjustment or
re-issuance is required.
c) Point b Clause 9 shall
be amended as follows:
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13. Clause 2 shall be
amended and Clause 2a shall be added to Clause 2 Article 31 as follows:
“2. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for failure to submit a
periodic report on mineral exploration within a period of from 30 days to less
than 60 days from February 01 of the year succeeding the reporting period to
the competent authority.
2a. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for failure to submit a
periodic report on mineral exploration to the competent authority according to
regulations. If an organization or individual submits a periodic report on
mineral exploration at least 60 days after the deadline, which is February 01
of the year succeeding the reporting period, it shall be considered as failure
to submit periodical reports on mineral exploration.
14. Clause 4 shall be
amended and Clause 4a shall be added to Clause 4 Article 36 as follows:
“4. A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for failure to submit a
periodic report on mineral mining within a period of from 30 days to less than
60 days from February 1 of the year succeeding the reporting period to the
competent authority.
4a. A fine ranging from
VND 50.000.000 to VND 60.000.000 shall be imposed for failure to submit a
periodic report on mineral mining to the competent authority. If an
organization or individual submits a periodic report on mineral mining at least
60 days after the deadline, which is February 01 of the year succeeding the
reporting period, it shall be considered as failure to submit periodical
reports on mineral mining.
15. The first
paragraphs of Clauses 3, 4, 5, 6, 7 and 8 Article 37 shall be amended as
follows:
“3. Fines shall be
imposed for extraction of minerals (other than sand and gravel in
river/stream/lake bed, estuary, internal waters) with a total extraction area
exceeding the boundary of licensed mining area up to under 0.1 hectare (by
surface); from 0.5 m to under 01 m (by depth or height) with an area of at least
0.01 hectare. To be specific:
4. Fines shall be
imposed for extraction of minerals (other than sand and gravel in
river/stream/lake bed, estuary, internal waters) with a total extraction area
exceeding the boundary of licensed mining area (by surface) from 0.1 hectare to
under 0.5 hectare; from 01 m to under 02 m (by depth or height) with an area of
at least 0.01 hectare. To be specific:
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6. Fines shall be
imposed for extraction of minerals (other than sand and gravel in
river/stream/lake bed, estuary, internal waters) with a total extraction area
exceeding the boundary of licensed mining area (by surface) from 01 hectare to
under 1.5 hectare; from 03 m to under 05 m (by depth or height) with an area of
at least 0.01 hectare. To be specific:
7. If the act of
extraction of minerals (other than sand and gravel in river/stream/lake bed,
estuary, internal waters) with a total extraction area exceeding the boundary
of licensed mining area at least 01 hectare (by surface) in case of the
household business (at least 1.5 hectare in other cases); at least 05 m (by
depth or height) with an area of at least 0.01 hectare is considered the act of
mining minerals without obtaining the mining license from a competent
authority, the following fines shall be imposed.
a) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for mining minerals which are
used as common building materials without using industrial explosives;
b) A fine ranging from
VND 70.000.000 to VND 100.000.000 shall be imposed on a household business for
mining minerals which are used as common building materials by using industrial
explosives;
c) A fine ranging from
VND 200.000.000 to VND 300.000.000 shall be imposed if the mining is licensed
by the provincial People’s Committee, except for the cases prescribed in Points
a,b and dd of this Clause;
d) A fine ranging from
VND 300.000.000 to VND 500.000.000 shall be imposed if the collection of
mineral samples is licensed by the Ministry of Natural Resources and
Environment of Vietnam, except for mineral samples specified in point dd of
this Clause;
dd) A fine ranging from
VND 800.000.000 to VND 1.000.000.000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
8. Fines shall be
imposed for extraction of sand and gravel in river/stream/lake bed, estuary,
internal waters with a total extraction area exceeding the boundary of licensed
mining area (by surface) or exceeding the permissible depth. To be specific:
16. Some Points, Clauses of Article 38 shall be amended as
follows:
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“3. Fines shall be
imposed for any of the following violations: failing to mine minerals using the
mining methods specified in the mining license, the mine opening and
preparation systems (for underground mining) or opening system (for open-pit
mining), the mining procedures, the mining system; mining minerals in excess of
10% of one of the parameters of a mining system, including bench height and
bench face angle, dumping waste at a location other than that specified in the
approved mine design/economic and technical report without written approval by
a competent authority; failing to mine minerals within mining time frame or
with mining equipment; mining minerals in excess of the quantity of mining
equipment specified in the license or written permission granted by the
competent authority with respect to river, stream and lake bed sand and gravel.
To be specific:
a) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for cases specified in point a of this Clause;
d) A fine ranging from
VND 50.000.000 to VND 70.000.000 shall be imposed for mining minerals by
employing open-pit mining methods (both extraction of mineral water and hot
water), except for the cases prescribed in Points a,b,c and e of this Clause;”.
b) Point d Clause 4 shall
be amended as follows:
“d) A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed for mining minerals by
employing open-pit mining methods (both extraction of mineral water and hot
water), except for the cases prescribed in Points a,b,c and e of this Clause;”.
17. Some Points, Clauses of Article 40 shall be amended as
follows:
a) The first paragraph of
Clause 2 shall be amended as follows:
“2. A warning or
fine shall be imposed for failure to install weigh station in a place where
crude minerals are moved from the mine to serve storage of relevant information
(excluding the household business’ mining of minerals which are used as common
building materials; extraction of sand and gravel in river/stream/lake bed,
estuary, internal waters with equipment for directly pumping, loading on ships,
boats and transporting to a place of consumption where it is unable to install
a weigh station); failure to install equipment for monitoring the journey and
storing data and information about the location and movement of the vehicle in
case of extraction of sand and gravel in river/stream/lake bed, estuary,
internal waters with equipment for directly pumping, loading on ships, boats
and transporting to a place of consumption where it is unable to install a
weigh station. To be specific:
b) Point d Clause 3 shall
be amended as follows:
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c) The first paragraphs
of Clauses 4 and 5 shall be amended as follows:
“4. A warning or fines
shall be imposed for developing a mine status quo map or cross-section drawing
of the licensed mining area which contains inadequate or incorrect information
about the mining situation (except for extraction of sand and gravel in
river/stream/lake bed, estuary, internal waters; extraction of hot water or
mineral water); failure to prepare sufficient relevant books and documents to
determine actual mineral production or for provision of inaccurate information;
failure to comply with procedures and templates for producing statistics of
actual mineral production in accordance with regulations laid down by the
Ministry of Natural Resources and Environment. To be specific:
5. Fines shall be
imposed for failure to develop or update the mine status quo map or a
cross-section drawing of the licensed mining area within 01 year in case of
extraction of hot water, mineral water and minerals which are used as common
building materials with permissible mining capacity that is less than 50.000 m3
of crude minerals/year; 06 months in case of extraction of the remaining
minerals. To be specific:
18. Some Points, Clauses of Article 41 shall be amended as
follows:
a) Clause 1 shall be
annulled.
b) Points b and c Clause
2 shall be amended as follows:
“b) A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for mining peat, hot water,
mineral water or minerals which are used as common building materials without
using industrial explosives, except for river, stream, lake or sea bed sand and
gravel and the case specified in Point a of this Clause;
c) A fine ranging from
VND 70.000.000 to VND 100.000.000 shall be imposed for mining river, stream or
lake bed sand and gravel; minerals which are used as common building materials
by using industrial explosives, except for the case specified in Point a of
this Clause;
c) Points b and c Clause
3 shall be amended as follows:
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c) A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed for mining river, stream or
lake bed sand and gravel; minerals which are used as common building materials
by using industrial explosives, except for the case specified in Point a of
this Clause;
d) Points b and c Clause
4 shall be amended as follows:
“b) A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed for mining peat, hot water,
mineral water or minerals which are used as common building materials without
using industrial explosives, except for river, stream, lake or sea bed sand and
gravel and the case specified in Point a of this Clause;
c) A fine ranging from
VND 300.000.000 to VND 400.000.000 shall be imposed for mining river, stream or
lake bed sand and gravel; minerals which are used as common building materials
by using industrial explosives, except for the case specified in Point a of
this Clause;
dd) Points b and c Clause
5 shall be amended as follows:
“b) A fine ranging from
VND 200.000.000 to VND 300.000.000 shall be imposed for mining peat, hot water,
mineral water or minerals which are used as common building materials without
using industrial explosives, except for river, stream, lake or sea bed sand and
gravel and the case specified in Point a of this Clause;
c) A fine ranging from
VND 400.000.000 to VND 500.000.000 shall be imposed for mining river, stream or
lake bed sand and gravel; minerals which are used as common building materials
by using industrial explosives, except for the case specified in Point a of
this Clause;
e) Clause 6 shall be
amended as follows:
“6. Additional penalties:
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g) Clause 7 shall be
amended as follows:
“7. Remedial measures:
a) Enforced adoption of
measures to improve environmental protection works, remedial measures against
environmental pollution and/or damage caused by the act of exceeding
permissible mining capacity to technical infrastructures mentioned in Clauses
2,3,4 and 5 of this Article;
“b) Enforced payment of
fees for expert examination, verification and measurement in relation to
violations mentioned in Clauses 2, 3, 4 and 5 Clause 5 of this Article..
19. Article 42 shall
be amended as follows:
“Article 42.
Violations against regulations on adjustment to the mining license
1. A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed in case of change of name of
the mining entity at least 01 year without submission of applications for
adjustment to the mining license; or in case of change of name of the mining
entity at least 01 year that the applications for adjustment to the mining
license of which have been submitted without being received by the competent
authority.
2. A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for mining according to the
contents under proposal for adjustment without being approved by the competent
authority to adjust the mining license according to regulations, except for the
case specified in Clause 1 of this Article and violations against regulations
on permissible mining capacity specified in this Decree.”.
20. Some Clauses of Article 44 shall be amended as follows:
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b) Clause 3 shall be
changed into Clause 2 and amended as follows:
“2. Remedial measures:
a) Enforced return of
benefits illegally obtained from the commission of the violation in Clause 1 of
this Article;”.
b) Enforced payment of
fees for expert examination, verification and measurement in relation to
violations mentioned in Clause 1 of this Article.
21. Clauses 1 and 2; Clause 4 Article 46 shall amended and
annulled as follows:
a) Clauses 1 and 2 shall
be amended as follows:
“1. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed if the winning organization or
individual having the right to mine minerals in an area where the minerals has
not been explored fails to submit an application for the exploration license
that is valid and contains full information according to regulations of the Law
on Minerals to the licensing authority within the time limit from the date of
the end of the auction; or the winning organization or individual having the
right to mine minerals in an area where the minerals has not been explored
fails to submit an application for the mining license that is valid and
contains full information according to regulations of the Law on Minerals to
the licensing authority after issuance of the exploration license within the
time limit from the date on which the competent authority approves mineral
reserves.
2. A fine ranging from
VND 10.000.000 to VND 30.000.000 shall be imposed if the winning organization
or individual having the right to mine minerals in an area with mineral
exploration results fails to submit an application for the mining license that
is valid and contains full information according to regulations of the Law on
Minerals to the licensing authority within the time limit from the date of the
end of the auction;
b) Clause 4 shall be
annulled.
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a) Clause 4 shall be
amended as follows:
“4. Additional penalties:
Confiscate all minerals
which have not been sold, dispersed or destroyed; confiscate instrumentalities
used for commission of administrative violations if any of the violations
prescribed in Clause 1, Clause 2 and Clause 3 of this Article is committed.
b) Point c Clause 5 shall
be amended as follows:
“c) Enforced return of
the money equivalent to the value of minerals obtained from administrative
violations in relation to violations specified in Clauses 1, 2 and 3 of this
Article in case of the minerals which have been sold, dispersed or destroyed
contrary to the law provisions.
23. Article 48 shall
be amended as follows:
“Article 48.
Violations against regulations on mining of sand and gravel in
river/stream/lake bed, estuary or internal waters without obtaining a mining
license from the competent authority
1. Fines shall be
imposed for mining sand and gravel in river/stream/lake bed, estuary or
internal waters without obtaining a mining license from the competent
authority. To be specific:
a) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is less than 10 m3;
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c) A fine ranging from
VND 50.000.000 to VND 80.000.000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is from 20 m3
to less than 30 m3;
d) A fine ranging from
VND 80.000.000 to VND 100.000.000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is from 30 m3
to less than 40 m3;
dd) A fine ranging from
VND 100.000.000 to VND 150.000.000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is from 40 m3
to less than 50 m3;
e) A fine ranging from
VND 150.000.000 to VND 200.000.000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is at least 50 m3;
2. Additional
penalties:
Confiscate all minerals
which have not been sold, dispersed or destroyed; confiscate means (both direct
extraction and indirect participation) used for commission of administrative
violations in relation to violation prescribed in Clause 1 this Article.
3. Remedial measures:
a) Enforced
implementation of measures to improve and remediate environment; measures to
bring mined areas to the safe state; compensation and payment for repairing
damage caused by the violations specified in Clause 1 of this Article to dykes,
other technical infrastructural constructions and civil constructions;
b) Enforced payment of
fees for expert examination, verification and measurement if any of the
violations mentioned in Clause 1 of this Article is committed.
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24. Some Clauses of Article 49 shall be amended as follows:
a) Clause 4 shall be
amended as follows:
“4. Fines shall be
imposed for failure to submit an application for mine closure to the competent
authority as prescribed 06 months or more after the expiry date of the mining
license; failure to implementation or sufficient implementation of addition and
completion of application for mine closure as prescribed 90 days or more after
the deadline stated in the written request or the date of signing the written
request (in case of the written request without specifying the time limit) of
the competent authority.
a) A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 60.000.000 to VND 80.000.000 shall be imposed if the mining is licensed by
the provincial People’s Committee, except for the case prescribed in Point a of
this Clause;
c) A fine ranging from
VND 80.000.000 to VND 150.000.000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.”.
b) Clause 4a shall be
added to Clause 4 as follows:
“4a. Fines shall be
imposed for removal of minerals during the process of implementation of the
project on mine closure without the consent of the competent authority. To be
specific:
a) A fine ranging from
VND 80.000.000 to VND 100.000.000 shall be imposed if the mining is licensed by
the provincial People’s Committee;
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c) Clause 6 shall be
amended as follows:
“6. Remedial measures:
a) Enforced
implementation of measures to bring a mining area to safe state or land
restoration measures as defined in the mine closure project approved by the
competent authority in relation to violations mentioned in Clauses 1 and 2 of
this Article;
b) Enforced return of
benefits illegally obtained from the commission of the violation in relation to
violation specified in Clause 4a of this Article;”.
25. Clause 2 Article
51 shall be amended as follows:
“2. A fine ranging from
VND 50.000.000 to VND 100.000.000 shall be imposed for failure to sufficient
reimburse or reimburse the costs of conducting the geological baseline survey
of minerals or mineral exploration upon using minerals-related information to
serve mining activities (excluding the geological baseline surveys of minerals
or mineral exploration has been previously conducted by an organization as
regulated).
26. Clause 4 Article
52 shall be annulled.
27. Point a Clause 5
shall be amended and Clause 6 Article 54 shall be added as follows:
“5. Additional penalties:
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6. Remedial measures:
Enforced return of the
money equivalent to the value of minerals obtained from administrative
violations in relation to violations specified in Clause 1 of this Article in
case of the minerals which have been sold, dispersed or destroyed contrary to
the law provisions.
28. Article 54a shall be added to Article 54 as follows:
“54a. Violations
against regulations on management of minerals in national mineral reserves
1. A fine of from VND
20.000.000 to VND 30.000.000 shall be imposed for failure to register and
report the volume of mineral removed to the People's Committee of the province
where the project is located
2. A fine of from VND
30.000.000 to VND 50.000.000 shall be imposed for failure to report to the
People's Committee of the province where the project is located, which will
notify the Ministry of Natural Resources and Environment in writing, to
organize inspection and determination of the area containing the affected
minerals in case of construction of work items of an investment project in a
national mineral reserve that requires land grading, excavating and/or filling
directly impacting on reserved minerals without protection for the original
state of the reserved minerals; and issue a written approval for the removal to
provide the basis for the provincial People’s Committee to decide the removal
3. A fine of from VND
50.000.000 to VND 100.000.000 shall be imposed for failure to remove minerals
in the area and with the volume determined by the Ministry of Natural Resources
and Environment with the permission from the People's Committee of the province
where the project is located or make report with correct information about the
volume of removed minerals submitted to the People's Committee of the province.
4. A fine of from VND
100.000.000 to VND 150.000.000 shall be imposed for extraction of minerals in
national mineral reserves under the guise of investment projects or
construction:
5. Remedial measures:
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b) Enforced return of
benefits illegally obtained from the commission of the violation in relation to
violations specified in Clauses 3 and 4 of this Article;”.
c) Enforced payment of
fees for expert examination, verification and measurement in case of violations
mentioned in Clauses 3 and 4 of this Article.”.
29. Some Points, Clauses of Article 63 shall be amended as
follows:
a) Points c and d Clause
1 shall be amended as follows:
“c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Enforce remedial
measures mentioned in Points a and c Clause 3 Article 4 of this Decree.
b) Point d Clause 2 shall
be amended as follows:
“d) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
c) Point d Clause 3 shall
be amended as follows:
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d) Point d Clause 4 shall
be amended as follows:
“d) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
dd) Point b Clause 5
shall be amended as follows:
“b) Impose a fine up to
the maximum fine specified in Clause 1 Article 4 of this Decree;”.
30. Some Points, Clauses of Article 64 shall be amended as
follows:
a) Points c and d Clause
1 shall be amended as follows:
“c) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause
d) Enforce remedial
measures mentioned in Points a, b and c Clause 3 Article 4 of this Decree.”.
b) Points b, d and dd
Clause 2 shall be amended as follows:
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d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clause 3 Article 4 of this Decree
31. Article 65 shall
be amended as follows:
“Article 65. Power of
inspectors who are assigned to conduct specialized inspections of industry and
trade; operation and protection of hydraulic structures and flood control
systems
The inspectors who are
assigned to conduct specialized inspections of industry and trade; operation
and protection of hydraulic structures and flood control systems shall have the
power to impose penalties for violations against regulations on water resources
and minerals in relation to violations specified in Articles 36, 38, 39 and 48
and Section 2 Chapter III hereof. To be specific:
1. The inspectors,
persons who are assigned to conduct specialized inspections of industry and
trade; operation and protection of hydraulic structures and flood control
systems in the performance of their duties shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 500.000;
2. Chief inspectors of
provincial Departments of Industry and Trade; chiefs of inspectorates established
by the Director of the Industrial Safety Techniques and Environment Agency,
Directors or Chief Inspectors of provincial Departments of Industry and Trade;
chief inspectors of provincial Departments of Agriculture and Rural
Development; chiefs of inspectorates of provincial Departments of Agriculture
and Rural Development; chiefs of inspectorates of Directorate of Water
Resources; Directors or chiefs of inspectorates of Sub-Department in charge of
water resource or flood control systems shall have the power to:
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b) Impose a fine of up to
VND 50.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods
according to regulations of this Decree;
d) Enforce remedial
measures mentioned in Clause 6 Article 38 of this Decree.
3. Chiefs of
inspectorates established by the Minister and Chief Inspector of the Ministry
of Industry and Trade, Chiefs of inspectorates of the Ministry of Agriculture
and Rural Development and Directorate of Water Resources shall have the power
to:
a) Issue warnings;
b) Impose a fine of up to
VND 250.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods
according to regulations of this Decree;
d) Enforce remedial
measures mentioned in Clause 6 Article 38 of this Decree.
4. The Chief Inspector
of the Ministry of Industry and Trade, Director of Industrial Safety Techniques
and Environment Agency, the Chief Inspector of Ministry of Agriculture and
Rural Development, Director General of Directorate of Water Resources shall
have the power to:
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b) Impose a fine up to
the maximum fine specified in Clause 1 Article 4 of this Decree;”.
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Enforce remedial
measures mentioned in Clause 6 Article 38 of this Decree.
32. The first paragraph, some Points and Clauses of Article 66
shall be amended as follows:
a) The first paragraph of
Article 66 shall be amended as follows:
The People’s Public
Security Force shall have the power to impose penalties for the violations
against regulations on water resources and minerals specified in Articles 8, 9,
10, 24, 25, 26, 27, 32, 33, 34, 35, 36, 37, 38, 39, 41, 43, 44, 45, 47, 48, 52
and 54 of this Decree. To be specific:
b) The first paragraph of
Clause 2 shall be amended as follows:
"2. Senior officers
of the persons mentioned in Clause 1 of this Article are entitled to: shall
have the power to:
c) The first paragraph,
Points c and d of Clause 3 shall be amended as follows:
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c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a and c of Clause 3 Article 4 of this Decree.”.
d) The first paragraph,
points d and dd Clause 4 shall be amended as follows:
“4. Heads of
District-level Police Authorities, Managers of Specialized Divisions of Traffic
Police Department and Heads of Provincial-level Police Departments, including
Heads of Internal Waterways Police Divisions, Heads of Traffic Police
Divisions, Head of Police Divisions for Investigation into Corruption, Economy
and Smuggling-related Crimes, Heads of Environment Police Divisions, Heads of
Road-Rail Traffic Divisions, Heads of Road Traffic Divisions, Heads of Economic
Security Divisions, fleet commanders shall have power to:
d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”.
c) Points b, d and dd
Clause 5 shall be amended as follows:
“b) Impose a fine of up
to VND 100.000.000;
d) Confiscate exhibits
and/or means used for administrative violations;
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e) Points b and dd Clause
6 shall be amended as follows:
“b) Impose a fine up to
the maximum fine specified in Clause 1 Article 4 of this Decree;”.
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, q, r, s and t
Clause 3 Article 4 of this Decree.
33. Some Points, Clauses of Article 67 shall be amended as
follows:
a) The first paragraph of
Article 67 shall be amended as follows:
“The Border Guard shall
have the power to impose penalties for the violations against regulations on
water resources and minerals specified in Articles 8, 9, 10, 24, 26, 27, 32,
34, 35, 37, 45, 47, 48 and 54 of this Decree in border regions under its
management. To be specific:
b) Clause 2a shall be
added to Clause 2 as follows:
“2a. Team leaders of
Crime and Drug Prevention and Control Task Forces affiliated to Crime and Drug
Prevention and Control Brigade shall have the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a and c Clause 3 Article 4 of this Decree.”.
c) Points c and d Clause
3 shall be amended as follows:
“c) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”.
d) Clause 3a shall be
added to Clause 3 as follows:
“3a. Commanders of
Crime and Drug Prevention and Control Brigades affiliated to Crime and Drug
Prevention and Control Department of Border Guard High Command shall have the
power to:
a) Issue warnings;
b) Impose a fine of up to
VND 100.000.000;
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dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, q, r, s and t
Clause 3 Article 4 of this Decree.".
dd) The first paragraph,
Points d and dd of Clause 4 shall be amended as follows:
“4. Commanders of
provincial Border Guards, Commanders of Coastal Guard Fleets and Director of
Crime and Drug Prevention and Control Department affiliated to the Border Guard
High Command shall have the power to:
d) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, q, r, s and t
Clause 3 Article 4 of this Decree;
dd) Suspend
licenses/practicing certificates or suspend operations for fixed periods.”.
34. Some Points, Clauses of Article 68 shall be amended as
follows:
a) The first paragraph of
Article 68 shall be amended as follows:
“The Coast Guard shall
have the power to impose penalties for the violations against regulations on
water resources and minerals specified in Articles 8, 9, 10, 12, 23, 24, 27,
29, 31, 34, 35, 36, 38, 39, 40, 45, 47, 48, 49 and 54 of this Decree in regions
under its management. To be specific:
b) Point c Clause 3 shall
be amended as follows:
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c) Points c and c Clause
4 shall be amended as follows:
“c) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”.
dd) The first paragraph,
Points d and dd of Clause 5 shall be amended as follows:
“5. Commanders in chief
of Coastguard Squadrons, Commanders of Reconnaissance Brigades, Commanders of
Crime and Drug Prevention and Control Brigades affiliated to Vietnam Coast
Guard shall have the power to:
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”.
dd) The first paragraph,
Points c, d and dd of Clause 6 shall be amended as follows:
“6. Commander of Regional
Coast Guard, Director of Operation and Law Department affiliated to Vietnam
Coast Guard shall have the power to:
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dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”;
dd) Suspend
licenses/practicing certificates for fixed periods;
e) Points b, d and dd
Clause 7 shall be amended as follows:
“b) Impose a fine up to
the maximum fine specified in Clause 1 Article 4 of this Decree;”.
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures specified in Points a, b, c, d, dd, e, g, h, i, k, l, m, p, r, s and t
Clause 3 Article 4 of this Decree.”.
35. Clause 1 Article
69 shall be amended as follows:
“1. Records on
administrative violations against regulations on water resources and minerals
shall be made as prescribed in Article 58 of the Law on Penalties for
Administrative Violations.”.
36. Clause 2 and the
phrases “xả nước thải vào nguồn nước” at Clauses 4 and 5, Article 70 of Decree
No. 36/2020/ND-CP shall be annulled.
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1. Article 2a shall be added to Article
2 of Decree No. 173/2013/ND-CP as follows:
“Article 2a.
Limitation period for imposition of an administrative penalty, acts of
administrative violations that have ended, acts of administrative violations in
progress
The limitation period for
imposition of an administrative penalty, the time to calculate the statute of
limitations for imposition of administrative violations, acts of administrative
violations that have ended and the time of abandonment of violations and acts
of administrative violations in progress against regulations on
hydrometeorology are regulated as follows:
1. The limitation period for imposition of an administrative
penalty for violation against regulations on hydrometeorology shall be 01 year.
2. The administrative violations that have ended and the time
of abandonment of violations:
The time of abandonment
of violations is the time on which an organization or individual abandons the
time limit for report, notification, declaration, submission of dossiers or
publication and collection of opinions as prescribed at Government’s Decree No.
173/2013/ND-CP dated November 13, 2013 on penalties for administrative
violations against regulations on hydrometeorology; topography and cartography
(amended by the Government’s Decree No. 84/2017/ND-CP dated July 18, 2017) in
relation to the following violations:
a) Failing to organize
hydrometeorological forecasting and warning within 12 consecutive months from
the date of issuance of the license without notifying the reason to the
licensing authority mentioned in Clause 4, Article 5 on violations against
regulations on license for hydrometeorological forecasting and warning
operation;
b) Committing fraud in
declaration of the contents of application for license mentioned in Point a,
Clause 5, Article 5 on violations against regulations on license for
hydrometeorological forecasting and warning operation;
c) Failing to make report
or make full report on the results of hydrometeorological forecasting and
warning mentioned in Clause 2, Article 5a of this Decree on violations of
regulations on hydrometeorological forecasting and warning of an organization
or individual which has been licensed to operate hydrometeorological
forecasting and warning;
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dd) Failing to notify the
Ministry of Natural Resources and Environment of Vietnam and the provincial-level
state administration agencies where the stations are located after movement of
the special-purpose hydrometeorological stations mentioned in Clause 2, Article
7a on violations against regulations on establishment, movement and dissolution
of special-purpose hydrometeorological stations of organizations or
individuals.
e) Failing to notify the
Ministry of Natural Resources and Environment of Vietnam and the
provincial-level state administration agencies where the stations are located
after establishment of the special-purpose hydrometeorological stations
mentioned in Clause 3, Article 7a on violations against regulations on
establishment, movement and dissolution of special-purpose hydrometeorological
stations of organizations or individuals.
g) Failing to report
exchange of data and information about hydrometeorology and monitoring of
climate change to international organizations, foreign organizations and
individuals within the time limit specified in Clause 2, Article 9b on
violations against regulations on exchange of data and information on
hydrometeorology and monitoring of climate change with international
organizations, foreign organizations and individuals that are not subject to
international treaty that the Socialist Republic of Vietnam is a member;
h) Failing to publicly
notify the community in the area before impacts on weather specified in Clause
3, Article 9c on violations against regulations on impacts on weather.
3. In case of other violations specified in the Government's
Decree No. 173/2013/ND-CP dated November 13, 2013 on penalties for
administrative violations against regulations on hydrometeorology, topography
and cartography (amended by Decree No. 84/2017/ND-CP dated July 18, 2017 of the
Government) due to failure to comply or strictly comply the law on
hydrometeorology, the ending time of violations is the time at which the
organization or individual terminates the obligation to comply with regulations
or the organization or individual begins to strictly comply with the
regulations.
4. In case of administrative violations against regulations on
hydrometeorology that fall outside the cases specified in Clauses 2 and 3 of
this Article and are completed before the time on which the competent person on
duty detects the violations, it shall be determined as acts of administrative
violations that have ended.
5. If the violation is detected before the organization or
individual fulfils obligation to comply with regulations or properly comply
with the regulations, it shall be considered as an administrative violation in
progress.”.
2. Some Points and Clauses, Article 3 of Decree No.
173/2013/ND-CP dated November 13, 2013 (amended in Clause 4, Article 1 of
Decree No. 84/2017/ND-CP) ) shall be amended as follows:
a) Point b Clause 3 shall
be amended as follows:
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b) Point c Clause 3 shall
be amended as follows:
“c) Enforced recall of
products obtained from violations, return of erased or falsified license to the
competent authority that has granted license.”.
c) Clause 4 shall be
added to Clause 3 as follows:
“4. Enforcement of
remedial measure which is return of erased or falsified license:
The violator shall submit
its license which has been erased and falsified to the person who has the power
to impose penalties for administrative violations. If a person having the power
to issue the decision imposing penalties for administrative violations is not
concurrently the agency or person having the power to grant the license, within
05 working days from the date of issuance of the decision imposing penalties
for administrative violations, the person having the power to issue the
decision imposing penalties for administrative violations shall send a
notification of the application of enforced return of erased or falsified
license to the agency or person having the power to grant the license (except
for license issued by the foreign agency).
3. Point b Clause 8 Article 5 shall
be amended as follows:
“b) Enforced return and
submission of the application for re-issuance of the erased or falsified
license to the competent authority that has granted license in relation to
violations specified in point b Clauses 1 of this Article.”.
4. Point b, Clause 10, Article 8 of
Decree No. 173/2013/ND-CP (amended in Clause 10, Article 1 of Decree No.
84/2017/ND-CP) shall be amended as follows:
“b) Enforced restoration
of original condition in relation to violations specified in Points a, b Clause
1; Points a, b, c, d Clauses 4 and 5 of this Article.".
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a) Points c and d Clause
1 shall be amended as follows:
“c) Enforce remedial
measures specified in Points a and b Clause 3 Article 3 of Decree No.
173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No.
84/2017/ND-CP);
d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this
Clause;”.
b) Points c, d and dd
Clause 2 shall be amended as follows:
“c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Enforce remedial
measures specified in Points a, b, c, d, dd, e, g, h, i, k, m, l Clause 3
Article 3 of Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of
Decree No. 84/2017/ND-CP);
dd) Confiscate exhibits
and/or means used for administrative violations;”.
c) Points c and dd Clause
3 shall be amended as follows:
“c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
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6. Points, Clauses of Article 18 of Decree No. 173/2013/ND-CP
(amended in Clause 17, Article 1 of Decree No. 84/2017/ND-CP) shall be amended
as follows:
a) Point d Clause 1 shall
be added as follows:
“d) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
b) Points c and dd Clause
2 shall be amended as follows:
“c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
c) Points c and dd Clause
3 shall be amended as follows:
“c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
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“c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Confiscate exhibits
and/or means used for administrative violations;”.
7. Article 19a of Decree No.
173/2013/ND-CP (amended in Clause 18, Article 1 of the Decree No.
84/2017/ND-CP) shall be amended as follows:
Article 19a. Power to
impose penalties for administrative violations against regulations on
hydrometeorology of the People’s Public Security
The People’s Public
Security Force shall have the power to impose penalties for the violations
specified in Clauses 5, 10, 14 and 15 Article 1 of this Decree. To be specific:
1. The People’s Police
officers on duty shall have the power to:
2. Chiefs of police
stations of communes, chiefs of police stations at border gates or export
processing zones, heads of international airport police, battalion chiefs of
mobile police battalions and captains of squadrons shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 2.500.000;
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d) Enforce remedial
measures specified in Point a Clause 3 Article 3 of Decree No. 173/2013/ND-CP
(amended in Clause 4, Article 1 of the Decree No. 84/2017/ND-CP).
3. Heads of District-level
Police Authorities, Managers of Specialized Divisions of Traffic Police
Department, Managers of Specialized Divisions of Immigration Department and
Heads of Provincial-level Police Departments, including Heads of Internal
Waterways Police Divisions, Heads of Traffic Police Divisions, Heads of Police
Divisions for Investigation into Corruption, Economy and Smuggling-related
Crimes, Heads of Environment Police Divisions, Heads of Road-Rail Traffic
Divisions, Heads of Road Traffic Divisions, Heads of Economic Security
Divisions, Chiefs of Mobile Police Divisions; Directors of Security Guard
Divisions, Directors of Immigration Divisions, Colonels of Mobile Police
Regiments and fleet commanders shall have power to:
a) Issue warnings;
b) Impose fines of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP)
dd) Suspend
licenses/practicing certificates or suspend operations for fixed periods.”.
4. Directors of
provincial Police Departments shall have the power to:
a) Issue warnings;
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c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP)
dd) Suspend
licenses/practicing certificates or suspend operations for fixed periods.”.
5. Director of Traffic
Police Department, Director of Police Department for Investigation into
Corruption, Economy and Smuggling-related Crimes, Director of Economic Security
Department, Director of Environment Police Department, Director of Immigration
Department, Commander of the Mobile Police shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No.
84/2017/ND-CP)
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“Article 19b.
Power to impose penalties for administrative violations against regulations on
hydrometeorology of the Border Guard forces:
The Border Guard forces
shall have the power to impose penalties for the violations specified in
Clauses 10, 14 and 15 Article 1 of this Decree in border regions under its
management. To be specific:
1. On-duty soldiers of the Border Guard forces shall have the
power to:
a) Issue warnings;
b) Impose fines of up to
VND 500.000;
2. Heads of Border
Guard stations and leaders of the soldiers specified in Clause 1 of this
Article shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 2.500.000;
3. Team leaders of
Crime and Drug Prevention and Control Task Forces affiliated to Crime and Drug
Prevention and Control Brigade shall have the power to:
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b) Impose fines of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Point a Clause 3 Article 3 of Decree No. 173/2013/ND-CP
(amended in Clause 4, Article 1 of the Decree No. 84/2017/ND-CP).
4. Heads of Border
Guard Posts, Commanders of Border-Guard Flotillas and Commanders of Border
Guard Commands at port border gates shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, h and i Clause 3 Article 3 of Decree No.
173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
5. Commanders of Crime
and Drug Prevention and Control Brigades affiliated to Crime and Drug
Prevention and Control Department of Border Guard High Command shall have the
power to:
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b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures mentioned in Points a, d, h and l Clause 3 Article 3 of Decree No.
173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
6. Commanders of
Provincial-level Border Guard Forces, Commanders of Coastal Guard Fleets,
Director of Crime and Drug Prevention and Control Department of Border Guard
High Command shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP);
dd) Suspend
licenses/practicing certificates or suspend operations for fixed periods.”.
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“Article 19c.
Power to impose penalties for administrative violations against regulations on
hydrometeorology of Coast Guards:
The Coast Guards shall
have the power to impose penalties for the violations specified in Clauses 10,
14 and 15 Article 1 of this Decree under its management. To be specific:
1. The police officers of
Coast Guard who are on duty shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 1.000.000;
2.
Squad leaders of professional squads of
Coast Guard shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 2.500.000;
3.
Team leaders of professional teams of
Coast Guard, station heads of the Coast Guard stations shall have the power to:
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b) Impose fines of up to
VND 5.000.000;
c) Enforce remedial
measures specified in Point a Clause 3 Article 3 of Decree No. 173/2013/ND-CP
(amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP).
4.
Captain of Coast Guard Flotilla shall have
the power to:
a) Issue warnings;
b) Impose fines of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP)
5.
Captain of Coast Guard Squadron, Head of
Reconnaissance Commission, Commander of Crime and Drug Prevention and Control
Brigade affiliated to Vietnam Coast Guard shall have the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP)
6.
Commander of Regional Coast Guard,
Director of Operation and Law Department affiliated to Vietnam Coast Guard
shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Points a, c, dd, e, g, h, i, l Clause 3 Article 3 of
Decree No. 173/2013/ND-CP (amended in Clause 4, Article 1 of the Decree No.
84/2017/ND-CP)
dd) Suspend
licenses/practicing certificates for fixed periods;
7.
Commander of Vietnam Coast Guard shall
have the power to:
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b) Impose a fine of up to
VND 50.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial measures
specified in Points a, b, c, dd, e, g, h, i, l Clause 3 Article 3 of Decree No.
173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
10. Article 19d of Decree No. 173/2013/ND-CP (amended in Clause
18, Article 1 of Decree No. 84/2017/ND-CP) shall be amended as follows:
“Article 19d.
Power to impose penalties for administrative violations against regulations on
hydrometeorology of Maritime Administrations, Airports Authorities, Inland
Waterway Port Authorities:
The Maritime Administrations,
Airports Authorities, Inland Waterway Port Authorities shall have the power to
impose penalties for the violations specified in Clauses 5, 6, 7, 8, 9, 10, 11,
12, 13, 14 and 15 Article 1 of this Decree under their management. To be
specific:
1. Chief Representatives
of the Maritime Administrations, Airports Authorities, Inland Waterway Port
Authorities shall have the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
2.
Directors of the Maritime Administrations,
Airports Authorities, Inland Waterway Port Authorities shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Points a, b, d, dd, h and i Clause 3 Article 3 of Decree
No. 173/2013/ND-CP (amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
dd) Suspend
licenses/practicing certificates or suspend operations for fixed periods.”.
11. Article 19dd of Decree No. 173/2013/ND-CP (amended in
Clause 18, Article 1 of Decree No. 84/2017/ND-CP) shall be amended as follows:
“Article 19d.
Power to impose penalties for administrative violations against regulations on
hydrometeorology of inspectors who are assigned to conduct specialized
inspections of transport, industry and trade, agriculture and rural
development, science and technology and construction:
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1. The inspectors,
persons who are assigned to conduct specialized inspections of transport,
industry and trade, agriculture and rural development, science and technology
and construction in the performance of their duties shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 500.000;
c) Enforce remedial
measures specified in Point a Clause 3 Article 3 of Decree No. 173/2013/ND-CP
(amended in Clause 4, Article 1 of Decree No. 84/2017/ND-CP).
d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this
Clause;”.
2.
Chief Inspectors of Departments, Chiefs of
inspectorates established by Directors and Chief Inspectors of Department of
Transport, Department of Industry and Trade, Department of Agriculture and
Rural Development, Department of Science and Technology, Department of
Construction shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
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dd) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
3.
Chiefs of inspectorates established by the
Ministers and Chief Inspectors of Ministry of Transport, Ministry of Industry
and Trade, Ministry of Agriculture and Rural Development, Ministry of Science
and Technology and Ministry of Construction shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 35.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Enforce remedial
measures specified in Clause 3 Article 3 of Decree No. 173/2013/ND-CP (amended
in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
dd) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point b of this
Clause;”.
4.
Chief Inspectors of Ministry of Transport,
Ministry of Industry and Trade, Ministry of Agriculture and Rural Development,
Ministry of Science and Technology and Ministry of Construction shall have the
power to:
a) Issue warnings;
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c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Enforce remedial
measures specified in Clause 3 Article 3 of Decree No. 173/2013/ND-CP (amended
in Clause 4, Article 1 of Decree No. 84/2017/ND-CP)
dd) Confiscate exhibits
and/or means used for administrative violations;”.
Article 4. Amendments
to some articles of the Government’s Decree No. 18/2020/ND-CP dated February
11, 2010 on penalties for administrative violations against regulations on
topography and cartography
1. Point a shall be amended and Points h and i shall be added
to Point g of Clause 2 Article 2 as follows:
“a) Enterprises that are
duly established and operate in accordance with Vietnam’s laws;
h) Branches and
representative offices of foreign enterprises operating in Vietnam;
i) Branches,
representative offices and business locations of organizations specified in
points a and b of this Clause.".
2. Some Points, Clauses
of Article 3 shall be amended as follows:
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“2. Additional penalties:
According to the nature
and severity of the violation, the entity who commits administrative violations
against regulations on topography and cartography may also incur one or several
additional penalties below in addition to the penalties specified in Clause 1
of this Article:
a) Confiscation of
material evidences and/or means used for administrative violations;
b) Expulsion;
b) Point b shall be
amended and point i shall be added to point h Clause 3 as follows:
“b) Enforced demolition
of buildings or parts thereof;
i) Enforced return of
licenses/practicing certificates to the competent authorities which have
granted licenses and certificates.”.
c) Clause 4 shall be
added to Clause 3 as follows:
“4. Enforcement of
remedial measure which is return of licenses/practicing certificates:
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3. Clause 4a shall be added to Clause 4 as follows:
“Article 4a.
Limitation period for imposition of an administrative penalty, acts of
administrative violations that have ended, acts of administrative violations in
progress
The limitation period for
imposition of an administrative penalty, the time to calculate the limitation
period for imposition of an administrative penalty, acts of administrative
violations that have ended and the time of abandonment of violations and acts
of administrative violations in progress against regulations on topography and
cartography are regulated as follows:
1. The limitation period
for imposition of an administrative penalty for violation against regulations
on topography and cartography shall be 01 year
2. The administrative
violations that have ended and the time of abandonment of violations:
The time of abandonment
of violations is the time on which an organization or individual abandons the
violations. That time is clearly stated in the records, documents and reports
which are made according to the regulations on topography and cartography in
relation to the following violations::
a) Failing to submit or
submit a report on topography and cartography; change of technical personnel or
the address of the headquarter before the deadline;
b) Falsifying the
topography and cartography practicing certificate/license;
c) Forging or falsifying
topography and cartography information/data/products while preparing and
realizing a topography and cartography project, technical design, cost estimate
or task;
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dd) Inspecting quality of
topography and cartography products at investor level when the contractor or
entity has yet to sufficiently inspect product quality at construction
subcontractor level in accordance with regulations of law on topography and
cartography.
e) Inspecting quality of topography
and cartography products with insufficient contents or insufficient inspection
level in accordance with regulations of law on topography and cartography;
g) Failing to transfer
topography and cartography information/data/products for storage purpose in
accordance with regulations of law on topography and cartography;
h) Failing to verify
measuring instruments on the list of measuring instruments for topography and
cartography that are required to undergo verification in accordance with
regulations laid down by the Minister of Science and Technology;
i) If the violators
cannot prove the ending time of violations specified in Points a, b, c, d, dd,
e, g and h of this Clause, the violations are still within the limitation
period for imposition of administrative penalties.
3. The administrative
violations against regulations on topography and cartography specified in this
Decree but not specified in Clause 2 of this Article are treated as in-progress
ones
4. Some Points, Clauses
of Article 5 shall be amended as follows:
a) Point b Clause 2 shall
be amended as follows:
“b) Practicing topography
and cartography without the practicing certificate or during the period of
enforced return of license/practicing certificate to the competent authority
that has granted license and certificate;
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“4) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for carrying out topography
and cartography activities without the license or during the period of enforced
return of license/practicing certificate to the competent authority that has
granted the license and certificate;
c) Clause 5 shall be
amended as follows:
“5. Additional penalties:
Confiscate the exhibits
and means used for committing administrative violations specified in Point a
Clauses 1 and 2, Point b Clause 3 of this Article.
d) Clause 6 shall be
amended as follows:
“6. Remedial measures:
a) Enforced return of
licenses/practicing certificates to the competent authorities which have
granted licenses and certificates obtained from violations specified in point a
Clause 1, points a and c Clause 2, point b Clause 3 of this Article;
Regarding topography and
cartography activities without maintaining the fulfillment of prescribed
conditions for issuance of the topography and cartography license, if the
organization proves that it is capable of fulfillment of prescribed conditions
for maintenance of topography and cartography activities within 90 days (3
months), the licensing authority shall return the license to carry out
topography and cartography activities to the organization.
b) Enforced destruction
of topography and cartography data/products obtained from the violations
mentioned in Point b Clause 2 and Clause 4 of this Article without ensuring
quality in accordance with regulations of law on topography and cartography;
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“b) Enforced demolition
of buildings or parts thereof in relation to violations specified in Point a
Clause 2 of this Article.
c) Enforced demolition of
the GPS satellites in relation to violations specified in Clause 4 of this
Article.".
6. Clause 4 of Article 7 shall be annulled and Point c shall
be added to Point b Clause 5 of Article 7 as follows:
“c) Enforced return of licenses/practicing
certificates to the competent authorities which have granted licenses and
certificates obtained from violations specified in point a Clause 3 of this
Article;
7. Clause 3 Article 8 shall be annulled; Clause 4 Article 8
shall be amended as follows:
“4. Remedial measures:
a) Enforced destruction
of topography and cartography data/products obtained from the violations
mentioned in Points a and b Clause 1 and Point b Clause 2 of this Article;
b) Enforced return of
licenses/practicing certificates to the competent authorities which have
granted licenses and certificates obtained from violations specified in point b
Clause 2 of this Article;
8. Point c Clause 5 shall be amended; Point dd shall be added
to point d Clause 5 Article 11 as follows:
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dd) Enforced return of
licenses/practicing certificates to the competent authorities which have
granted licenses and certificates obtained from violations specified in Clauses
2 and 3 of this Article;
9. Clauses 3, 4 Article 13 shall be amended as follows:
“3. Additional penalties:
a) Confiscate the
exhibits and means used for committing administrative violations specified in
Clause 2 of this Article.
b) According to the
violation's seriousness, the foreign individual that commits the administrative
violation specified in Clause 2 of this Article may be expelled from the
Socialist Republic of Vietnam
4. Remedial measures:
a) Enforced return of
illegal benefits in relation to violations specified in Clause 2 of this
Article;
b) Enforced return of
licenses/practicing certificates to the competent authorities which have
granted licenses and certificates obtained from violations specified in Clause
2 of this Article;
10. Some Points, Clauses
of Article 14 are amended as follows:
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“1. Chairpersons of the
People’s Committees of communes shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
c) Enforce remedial
measures specified in Point a, Clause 3 Article 3 of this Decree.
b) Clause 2 shall be
amended as follows:
“2. Chairpersons of the
People’s Committees of districts shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
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d) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree.”;
c) Clause 3 shall be
amended as follows:
“3. Chairpersons of the
People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree.”;
11. Some Points, Clauses
of Article 15 shall be amended as follows:
a) Points b and d Clause
1 shall be amended as follows:
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d) Impose a fine of up to
VND 500.000;
b) Clause 2 shall be
amended as follows:
“2. Chief inspectors of
provincial Departments of Natural Resources and Environment, Chiefs of inspectorates
at the departmental level, Chiefs of inspectorates of agencies who are
authorized by the Government to perform the functions of specialized inspection
shall have power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree.”;
c) Clause 3 shall be
amended as follows:
“3. Chiefs of
inspectorates at the ministerial level shall have power to:
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b) Impose a fine of up to
VND 35.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree.”;
d) Clause 4 shall be
amended as follows:
“4. Chief Inspector of
Ministry of Natural Resources and Environment, Director General of General
Department of Geology and Minerals of Vietnam, Director General of Vietnam
Environment Administration and Director General of General Department of Land
Administration shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree.”;
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a) The first paragraph of
Article 16 shall be amended as follows:
“The power of the
People’s Public Security Force to impose penalties for administrative
violations and enforce remedial measures shall comply with regulations of
Article 39 of Law on Penalties for Administrative Violations.”.
b) Clause 1 shall be
amended as follows:
“1. Chiefs of communal
police authorities, Chiefs of police stations at border checkpoints and
export-processing zones, Chiefs of International Airport Border Gate Police,
Captains of Squadrons shall have the power to:
a) Impose a fine of up to
VND 2.500.000;
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Clause 3 Article 3 of this Decree
c) Clause 2 shall be
amended as follows:
“2. Heads of
District-level Police Authorities, Managers of Specialized Divisions of
Internal Political Security Department, Managers of Specialized Divisions of
Police Department for Administrative Management of Social Order, Managers of
Specialized Divisions of Traffic Police Department, Managers of Specialized
Divisions of Cybersecurity and Hi-tech Crime Prevention and Control Department,
Managers of Specialized Divisions of Immigration Department and Heads of
Provincial-level Police Authorities, including Heads of Police Divisions for
Investigation into Corruption, Economy and Smuggling-related Crimes, Heads of
Police Divisions for Investigation into Social Order-Related Crimes, Heads of
Police Divisions for Administrative Management of Social Order, Heads of
Economic Security Divisions, Heads of Internal Political Security Divisions, Heads
of Cybersecurity and Hi-tech Crime Prevention and Control Divisions,
Heads of Traffic Police Divisions, Heads of Immigration Divisions, Captains of
Squadrons, Heads of Road-Rail Traffic Divisions, Heads Road Traffic Divisions,
Heads of Internal Waterways Police Divisions, Heads of Economic Security
Divisions and Heads of Foreign Affairs Divisions shall have the power to:
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b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Points h and I Clause 3 Article 3 of this Decree.”.
d) Clause 3 shall be
amended as follows:
“3. Directors of
Provincial Police Authorities shall have the power to:
a) Impose a fine of up to
VND 25.000.000;
b) Confiscate exhibits
and/or means used for administrative violations;”.
c) Expulse;
d) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
dd) Clause 4 shall be
amended as follows:
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a) Impose a fine of up to
VND 50.000.000;
b) Confiscate exhibits
and/or means used for administrative violations;”.
c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
e) Clause 5 shall be
amended as follows:
“5. Director of
Immigration Department shall have the power to:
a) Impose a fine of up to
VND 50.000.000;
b) Confiscate exhibits
and/or means used for administrative violations;”.
c) Expulse;
d) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
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a) Points b and c Clause
1 shall be amended as follows:
“b) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Points h and i Clause 3 Article 3 of this Decree.”.
b) Clause 1a shall be
added to Clause 1 as follows:
“1a. Commanders of
Crime and Drug Prevention and Control Brigades affiliated to Crime and Drug
Prevention and Control Department of Border Guard High Command shall have the
power to:
a) Impose a fine of up to
VND 25.000.000;
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
c) The first paragraph
and Point c Clause 2 shall be amended as follows:
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c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
14. Some Points, Clauses
of Article 18 shall be amended as follows:
a) Clause 1 shall be
amended as follows:
“1. Team leaders of
professional teams of Coast Guard, station heads of the Coast Guard stations
shall have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 5.000.000;
c) Enforce remedial
measures specified in Point h Clause 3 Article 3 of this Decree
b) Points b and c Clause
2 shall be amended as follows:
“b) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point a of this
Clause;”.
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c) The first paragraph,
Points b and c Clause 3 shall be amended as follows:
“3. Commanders in chief
of Coastguard Squadrons, Commanders of Reconnaissance Brigades, Commanders of
Crime and Drug Prevention and Control Brigades affiliated to Vietnam Coast
Guard shall have the power to:
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Points h and i Clause 3 Article 3 of this Decree.”.
d) The first paragraph,
Points b and c Clause 4 shall be amended as follows:
“4. Commander of Regional
Coast Guard, Director of Operation and Law Department affiliated to Vietnam
Coast Guard shall have the power to:
b) Confiscate exhibits
and/or means used for administrative violations;
c) Enforce remedial
measures specified in Points h and i Clause 3 Article 3 of this Decree.”.
dd) The first paragraph
and Point c Clause 5 shall be amended as follows:
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c) Enforce remedial
measures specified in Points h and i Clause 3 Article 3 of this Decree.”.
15. Some Points, Clauses
of Article 19 shall be amended as follows:
a) The first paragraph,
Points b and c Clause 1 shall be amended as follows:
“1. Directors of
Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments;
Team Leaders of Control Teams of Customs Departments of provinces and
inter-provinces; Team Leaders of Criminal Investigation Teams; Team Leaders of
Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team
Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual
Property Teams affiliated to the Smuggling Investigation and Prevention
Department; Directors of Post Clearance Audit Sub-Departments affiliated to
Post Clearance Audit Department shall have the power to:
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
b) Points b and c Clause
2 shall be amended as follows:
“b) Confiscate exhibits
and/or means used for administrative violations;
c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
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“c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
16. The first paragraph,
some Points and Clauses of Article 20 shall be amended as follows:
a) The first paragraph of
Article 20 shall be amended as follows:
Persons that have the
power to impose administrative penalties of the Customs shall have the power to
impose penalties and enforce remedial measures against the administrative
violations in Point b Clause 1 and Clause 3 Article 10, and Clauses 1, 2 and 3
Article 11 of this Decree within their area and their jurisdiction as specified
in Clauses 1, 2 and 3 of this Article.
b) The first paragraph,
Points b and c Clause 1 shall be amended as follows:
“1. Team leaders of
Market Surveillance Teams and Heads of Specialized Divisions affiliated to
Department of Market Surveillance Operation shall have the power to:
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
c) Enforce remedial measures
specified in Points d, dd, g, h and i Clause 3 Article 3 of this Decree.
c) The first paragraph,
Points b and c Clause 2 shall be amended as follows:
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b) Confiscate exhibits
and/or means used for administrative violations;
c) Enforce remedial
measures specified in Points d, dd, g, h and i Clause 3 Article 3 of this Decree.
d) Point c Clause 3 shall
be amended as follows:
“c) Enforce remedial
measures specified in Points d, dd, g, h and i Clause 3 Article 3 of this
Decree.
17. Some Points, Clauses of Article 21 shall be amended as
follows:
a) Clause 1 shall be
amended as follows:
“1. Chief Representatives
of Maritime Administrations, Airports Authorities, Inland Waterway Port
Authorities shall have the power to:
a) Impose a fine of up to
VND 10.000.000;
b) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point a of this
Clause;”.
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“2. Directors of Maritime
Administrations, Airports Authorities, Inland Waterway Port Authorities shall
have the power to:
a) Impose a fine of up to
VND 50.000.000;
b) Confiscate exhibits
and/or means used for administrative violations;
c) Enforce remedial
measures specified in Points g, h and i Clause 3 Article 3 of this Decree.”.
18. Some Points, Clauses of Article 22 shall be amended as
follows:
a) Points b and d Clause
2 shall be amended as follows:
“b) Confiscate any
exhibit or mean which has been used for committing administrative violation if
its value is not 02 times as high as the fine specified in Point d of this
Clause;”.
d) Impose a fine of up to
VND 500.000;
b) Clause 3 shall be
amended as follows:
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a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points c, d, h and i Clause 3 Article 3 of this Decree.”.
c) Clause 4 shall be
amended as follows:
"4. The Chief
Inspectors of the Ministry of Transport, Ministry Industry and Trade and
Ministry of Agriculture and Rural Development; Director General of Directorate
for Roads of Vietnam, Director General of Directorate of Water Resources,
Director General of Vietnam Administration of Forestry, Director of Vietnam
Railway Authority, Director of Vietnam Maritime Administration and Director of
Civil Aviation Authority of Vietnam shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
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19. Clause 2 Article
23 shall be amended as follows:
“2. Chiefs of topography
and cartography inspectorates, officials, public employees and persons of the
Army or People's Public Security Force, Customs, market controllers working at
regulatory authorities mentioned in Articles 14 through 22 hereof in their
performance of their duties related to topography and cartography inspections.
Article 5.
Implementation provision
1. This Decree comes into force from January 06, 2022.
2. Transitional provisions:
In case of violations
against regulations on land; water resources and minerals; hydrometeorology;
topography and cartography specified in this Decree occurring before the
effective date of this Decree but then detected or being considered and
settled, the Government's Decree on penalties for administrative violations
that takes effect at the time of committing violations shall be applied; In
case, this Decree does not provide for legal liability or impose less serious
legal liability for violations that have occurred, the regulations of this
Decree shall be applied.
3. The Ministers, Heads of the ministerial-level agencies,
Heads of the governmental agencies, the Presidents of the People's Committees
of provinces shall be responsible for the implementation of this Decree
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh