THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 36/2020/ND-CP
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Hanoi, March 24, 2020
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON WATER RESOURCES AND MINERALS
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Water Resources dated June 21, 2012;
Pursuant to the Law on
Minerals dated November 17, 2010;
Pursuant to the Law on
amendments to some articles concerning planning of 37 Laws dated November 20,
2018;
At the request of the
Minister of Natural Resources and Environment;
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Chapter
I
GENERAL
Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures against
administrative violations, the power to impose penalties against administrative
violations and the power to make records of administrative violations against
regulations on water resources and minerals.
2. Administrative
violations against regulations on water resources prescribed in this Decree
include: Violations against regulations on survey, planning, exploration,
extraction and use of water resources; violations against regulations on
reservoirs and operation of reservoirs; violations against regulations on water
resource protection; violations against regulations on prevention and
remediation of damage caused by water; violations against regulations on
seeking opinions of residential communities and other violations against
regulations on water resource management, which are specified in Chapter II of
this Decree.
3. Administrative
violations against regulations on minerals prescribed in this Decree include:
Violations against regulations on mineral exploration and mining; violations
against regulations on auctioning of mineral rights; violations against
regulations on use of figures and results of geological surveys of minerals,
and mineral exploration; violations against regulations on interests of local
governments and people at places where minerals are mined; violations against
regulations on protection of unmined minerals; violations against regulations
on technical safety of mines and other violations pertaining minerals, which
are specified in Chapter III of this Decree.
4. Other Government's
Decrees on penalties for corresponding administrative violations shall apply to
administrative violations pertaining water resources and minerals which are not
regulated by this Decree.
Article
2. Regulated entities
1. This Decree applies to
domestic and foreign organizations and individuals (hereinafter referred to as
“entities”) that commit administrative violations against regulations on water
resources and minerals within the territory, contiguous zones, exclusive
economic zones and continental shelves of the Socialist Republic of Vietnam;
the persons that have the power to record violations and the ones competent to
impose penalties for administrative violations against regulations on water
resources and minerals and relevant entities.
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a) Business entities that
are duly established under the Law on Enterprises and Law on Cooperatives,
consisting of: Sole proprietorships, joint-stock companies, limited liability
companies, partnerships and their affiliates (including branches and
representative offices), cooperatives, cooperative unions;
b) Foreign investors;
foreign-invested business entities; representative offices and branches of
foreign traders in Vietnam; representative offices of foreign trade promotion
organizations in Vietnam;
c) Regulatory authorities
committing violations which are not within their assigned scope of management;
d) Socio-political
organizations, socio-political-professional organizations, social organizations
and socio-professional organizations;
dd) Public service
providers and other organizations established as per the law.
Article
3. Definitions
For the purposes of this
Decree, the terms below shall be construed as follows:
1. “mineral exploration
area” refers to a space limited by permissible surface area and depth which are
stated in a mineral exploration license and conformable with the exploration
project already appraised by a competent authority.
2. “mineral mining area”
refers to a space within the boundary of a mine defined in the investment
project/technical- and economic-based mining report suitable for the
permissible mineral reserves included in the mining design within the
boundaries of coordinates, area and depth stated in the mining license.
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4. “stone slabs” refer to
magmatic, metamorphic and sedimentary rocks with a monolithic recovery of
≥ 0.4 m3, including granite, gabbro, marble, white limestone, white marble;
ornamental stones and fine art stones with monolithic recovery of ≥ 0.1 m3;
minerals used as cement materials, including all types of stones used as cement
raw materials: cement limestone, cement clay, stones used as cement additives
and limestone, dolomite used as raw materials for production of industrial lime
specified in Clause 5 Article 6 of Decree No. 67/2019/ND-CP.
Article
4. Penalties and remedial measures
1. Primary penalties:
Any entity that commits administrative
violations against regulations on water resources and minerals shall be liable
to any of the following primary penalties:
a) A warning;
b) A fine.
The maximum fine for an
administrative violation against regulations on water resources incurred by an
individual is VND 250,000,000; that incurred by an organization is VND
500,000,000. The maximum fine for an administrative violation against
regulations on minerals incurred by an individual is VND 1,000,000,000; that
incurred by an organization is VND 2,000,000,000.
c) Suspension of the
license to explore or extract water resources, the license to discharge
wastewater into water bodies; the groundwater drilling license; the mineral
exploration license or the mining license for 01 – 24 months.
2. Additional penalties:
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a) Suspension of the
license to explore or extract water resources, the license to discharge
wastewater into water bodies; the groundwater drilling license; the mineral
exploration license or the mining license for 01 – 24 months;
b) Suspension of the
formulation and/or realization of water resources projects/schemes; suspension
of the exploration or extraction of water resources, exploration or mining of
minerals for 01 – 12 months;
c) Confiscation of the
exhibits and/or specimens which are minerals, and instrumentalities used for
committing administrative violations.
Additional penalties
shall be only applied in association with primary penalties.
3. Remedial measures:
In addition to primary
and additional penalties, an entity that commits administrative violations may
be liable to one or some remedial measures mentioned below:
a) Enforced
implementation of remedial measures against environmental pollution,
degradation and depletion of water resources; enforced implementation of
measures to prevent environmental pollution and adverse impacts on human health;
enforced implementation of remedial measures against droughts, floods and water
scarcity; enforced filling and sealing of boreholes and implementation of
measures to protect unmined minerals and measures for environmental remediation
of mining areas;
b) Enforced adoption of
remedial measures against land subsidence or other emergencies;
c) Enforced compliance
with reservoir operation procedures; enforced implementation of measures to
lower the water level of reservoir to the water level before flood; measures to
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;
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dd) Enforced implementation
of measures for land restoration and environmental remediation;
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;
i) Enforced mining of
minerals using the mining methods specified in the mining license; mine opening
and preparation systems (for underground mining), opening systems (for
open-cast mining); mining procedures; mining systems; parameters of a mining
system, including bench height and bench face angle; enforced dumping of waste
at designated locations mentioned in the approved mine design/economic and
technical report; within mining time frame or in quantity or with mining
equipment specified in the license or written permission granted by the
competent authority (regarding river, stream and lake bed sand and gravel);
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 restoration
of original condition which has been changed by violations;
n) Enforced transfer of
mineral specimens and mineral-related information to mineral authorities;
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p) Enforced correction of
falsified information and data because of violations;
q) Enforced payment of fees
for using mineral-related information as notified by regulatory authorities,
and late payment fines to state budget.
r) Enforced return of
illegal benefits obtained from violations. 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
value of minerals mined multiplied by (x) the unit price (VND/tonne, m3,
kg, etc.) applicable at the extraction time 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.
s) Enforced payment of
fees for expert examination, inspection and measurement if any violation is
committed;
t) Enforced
implementation of measures to improve and remediate environment of the mined
area, and measures to bring mining areas to the safe state.
Article
5. Maximum fines
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2. The maximum fines
imposed by persons specified in Articles 63, 64, 65, 66, 67 and 68 hereof are
incurred by individuals. The maximum fines they may impose upon organizations
are twice as much as the fines incurred by individuals.
Chapter
II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCES, PENALTIES, FINE AND REMEDIAL
MEASURES
Section
1. VIOLATIONS AGAINST REGULATIONS ON PLANNING, BASELINE SURVEY, EXPLORATION,
EXTRACTION AND USE OF WATER RESOURCES AND GROUNDWATER DRILLING PRACTICE
Article
6. Violations against regulations on capacity requirements for implementing
baseline survey projects/schemes, or providing advice on formulation of water
resources planning
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for failure to provide
sufficient information as required after being selected to implement a baseline
survey project/scheme, or provide advice on formulation of a water resources
planning.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to send
notification to a competent authority as prescribed after being selected to
implement a baseline survey project/scheme, or provide advice on formulation of
a water resources planning.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed on the technical responsible
person of a baseline survey project/scheme or person providing advice on the
formulation of a water resource planning if, at the same time, he/she is in
charge of technical issues of at least 03 baseline survey projects/schemes, or
provides advice on the formulation of at least 04 water resource plannings.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for including inaccurate
information in the capacity profile for preparing a scheme/report in course of
implementation of a baseline survey project/scheme, or for providing advice on
formulation of water resource plannings.
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Suspend the
implementation of the baseline survey project/scheme or provision of advice on
the formulation of the water resource planning for 01 - 06 months if the
violation prescribed in Clause 4 of this Article is committed.
Article
7. Violations against regulations on capacity requirements for preparing
schemes/reports that constitute applications for water resources licenses
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for failure to include
sufficient information about selection for preparing a scheme/report that
constitutes the application for water resources license.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for failure send a notification
to a competent authority as prescribed after being selected to prepare a
scheme/report that constitutes the application for water resources license.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for including inaccurate
information in the capacity profile for preparing a scheme/report that
constitutes the application for water resources license.
4. Additional penalties:
Suspend the formulation
of the scheme/report that constitutes the application for water resources
license for 01 - 06 months if the violation prescribed in Clause 3 of this
Article is committed.
Article
8. Violations against regulations on monitoring and supervision of water
resources during extraction and use of water resources and discharge of
wastewater into water bodies
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to submit reports
on water resources monitoring and supervision to the competent authority as
prescribed.
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a) Failure to store
monitoring and supervision figures/data as prescribed;
b) Failure to conduct
monitoring of less than 25% of parameters to be monitored as prescribed.
3. A fine ranging from
20,000,000 to 25,000,000 for failure to conduct monitoring of from 25% to less
than 50% of parameters to be monitored as prescribed.
4. A fine ranging from
25,000,000 to 30,000,000 for failure to conduct monitoring of from 50% to less
than 75% of parameters to be monitored as prescribed.
5. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to conduct
monitoring of at least 75% of parameters to be monitored as prescribed;
b) Failure to install
monitoring equipment as prescribed;
c) Failure to conduct
monitoring with the prescribed frequency;
d) Failure to conduct
monitoring on time;
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e) Failure to connect and
transmit monitoring and supervision data to regulatory authorities as
prescribed.
6. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Failure to conduct
monitoring and supervision of water resources during extraction and use of
water resources, and discharge of wastewater into water bodies as prescribed;
b) Falsifying water
resources monitoring and supervision figures.
7. Violations against
regulations on monitoring and supervision during discharge of wastewater into
water bodies
Regulations on penalties
for administrative violations against regulations on environmental protection
shall apply to violations against regulations on monitoring and supervision
during discharge of wastewater into water bodies.
Article
9. Exploration, extraction and use of water resources without registration or
license
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for failure to
register groundwater exploration/extraction as prescribed by law in the cases
where the groundwater exploration/extraction requires registration.
2. Fines shall be imposed
for failure to obtain a license upon groundwater exploration. To be specific:
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b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to obtain a
license to conduct groundwater exploration for serving the drilling of 02
boreholes;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to obtain a
license to conduct groundwater exploration for serving the drilling of 03
boreholes;
d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to obtain a
license to conduct groundwater exploration for serving the drilling of 04
boreholes;
dd) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to obtain a
license to conduct groundwater exploration for serving the drilling of 05
boreholes or more.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for extracting and using
groundwater for production, trading and service provision with a volume of more
than 10 m3/24 hours but less than 30 m3/24 hours.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts
of extracting and using water resources without a license:
a) Extracting and using groundwater
for production, trading and service provision with a volume from 30 m3/24
hours to less than 50 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume of more
than 0.1 m3/second but less than 0.2 m3/second;
c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume of more than 100 m3/24 hours but less than 1,000 m3/24
hours;
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dd) Extracting and using
sea water for inland production, trading and service provision with a volume of
more than 10,000 m3/24 hours but less than 30,000 m3/24
hours.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts
of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from 50
m3/24 hours to less than 100 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume from
0.2 m3/second to less than 0.3 m3/second;
c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 1,000 m3/24 hours to less than 2,000 m3/24
hours;
d) Extracting and using
surface water for electricity generation with an installed capacity from 500 kW
to less than 1,000 kW;
dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 30,000 m3/24 hours to less than 50,000 m3/24 hours.
6. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts
of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
100 m3/24 hours to less than 200 m3/24 hours;
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c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 2,000 m3/24 hours to less than 3,000 m3/24
hours;
d) Extracting and using
surface water for electricity generation with an installed capacity from 1,000
kW to less than 2,000 kW;
dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 50,000 m3/24 hours to less than 100,000 m3/24 hours.
7. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for one of the following acts
of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
200 m3/24 hours to less than 400 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume from
0.5 m3/second to less than 1 m3/second;
c) Extracting and using surface
water for trading, service provision and non-agricultural production with a
volume from 3,000 m3/24 hours to less than 10,000 m3/24
hours;
d) Extracting and using
surface water for electricity generation with an installed capacity from 2,000
kW to less than 5,000 kW;
dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 100,000 m3/24 hours to less than 200,000 m3/24
hours.
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a) Extracting and using
groundwater for production, trading and service provision with a volume from
400 m3/24 hours to less than 800 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume from 1
m3/second to less than 1.5 m3/second;
c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 10,000 m3/24 hours to less than 20,000 m3/24
hours;
d) Extracting and using
surface water for electricity generation with an installed capacity from 5,000
kW to less than 7,000 kW;
dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 200,000 m3/24 hours to less than 300,000 m3/24
hours.
9. A fine ranging from
VND 90,000,000 to VND 110,000,000 shall be imposed for one of the following
acts of extracting and using water resources without a license:
a) Extracting and using groundwater
for production, trading and service provision with a volume from 800 m3/24
hours to less than 1,000 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume from
1.5 m3/second to less than 2 m3/second;
c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 20,000 m3/24 hours to less than 50,000 m3/24
hours;
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dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 300,000 m3/24 hours to less than 400,000 m3/24
hours.
10. A fine ranging from
VND 110,000,000 to VND 140,000,000 shall be imposed for one of the following
acts of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
1,000 m3/24 hours to less than 1,500 m3/24 hours;
b) Extracting and using
surface water for agricultural production and aquaculture with a volume of at
least 2 m3/second;
c) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 50,000 m3/24 hours to less than 100,000 m3/24
hours;
d) Extracting and using
surface water for electricity generation with an installed capacity from 10,000
kW to less than 20,000 kW;
dd) Extracting and using
sea water for inland production, trading and service provision with a volume
from 400,000 m3/24 hours to less than 500,000 m3/24
hours.
11. A fine ranging from
VND 140,000,000 to VND 170,000,000 shall be imposed for one of the following acts
of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
1,500 m3/24 hours to less than 3,000 m3/24 hours;
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c) Extracting and using
surface water for electricity generation with an installed capacity from 20,000
kW to less than 30,000 kW;
d) Extracting and using
sea water for inland production, trading and service provision with a volume
from 500,000 m3/24 hours to less than 700,000 m3/24
hours.
12. A fine ranging from
VND 170,000,000 to VND 200,000,000 shall be imposed for one of the following
acts of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
3,000 m3/24 hours to less than 5,000 m3/24 hours;
b) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume from 200,000 m3/24 hours to less than 300,000 m3/24
hours;
c) Extracting and using
surface water for electricity generation with an installed capacity from 30,000
kW to less than 40,000 kW;
d) Extracting and using
sea water for inland production, trading and service provision with a volume
from 700,000 m3/24 hours to less than 1,000,000 m3/24
hours.
13. A fine ranging from
VND 200,000,000 to VND 230,000,000 shall be imposed for one of the following
acts of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume from
5,000 m3/24 hours to less than 12,000 m3/24 hours;
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c) Extracting and using
surface water for electricity generation with an installed capacity from 40,000
kW to less than 50,000 kW;
d) Extracting and using
sea water for inland production, trading and service provision with a volume
from 1,000,000 m3/24 hours to less than 2,000,000 m3/24 hours.
14. A fine ranging from
VND 230,000,000 to VND 250,000,000 shall be imposed for one of the following
acts of extracting and using water resources without a license:
a) Extracting and using
groundwater for production, trading and service provision with a volume of at
least 12,000 m3/24 hours;
b) Extracting and using
surface water for trading, service provision and non-agricultural production
with a volume of at least 800,000 m3/24 hours;
c) Extracting and using
surface water for electricity generation with an installed capacity of at least
50,000 kW;
d) Extracting and using
sea water for inland production, trading and service provision with a volume of
at least 2,000,000 m3/24 hours.
15. Fines imposed for
exploration, extraction and use of water resources with an unexpired license
expired are the same as those imposed for corresponding acts without a license
as prescribed in Clauses 2 , 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this
Article.
16. Remedial measures:
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a) return the illegal
benefits obtained from the violations prescribed in this Article;
b) adopt remedial
measures against environmental pollution, degradation or depletion of water
resources if any of the violations in this Article causes pollution and/or
degradation of water quality and decrease in water quantity.
Article
10. Violations against regulations on licenses to explore, extract and use
water resources
1. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for failure to provide sufficient
and accurate data/information about water resources in areas where water
resources are explored, extracted and used to the competent authority as
requested.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to submit
reports on exploration, extraction and use of water resources to the competent
authority as prescribed by law;
b) Untruthfully and
insufficiently submitting reports on exploration, extraction and use of water
resources to the competent authority and failure to comply with reporting
regulations;
c) Failure to provide
explanation to the licensing authority if the amount of water actually
extracted by the license holder is smaller than 70% of the licensed amount in a
12 consecutive month period.
3. If the amount of water
extracted/used exceeds the licensed amount, fines prescribed in Clauses 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 Article 9 hereof shall be imposed for
exceeding the amount of water extracted/used.
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a) Extracting and using
water resources for purposes other than the licensed ones;
b) Extracting and using
water resources against the regulations specified in the license;
c) Extracting and using
water resources at locations/co-ordinates other than those specified in the
license;
d) Extracting and using
surface water from the water sources other than the licensed ones;
dd) Extracting and using
groundwater from the aquifers other than the licensed ones;
e) Constructing items
serving groundwater exploration with a volume exceeding 10% of the approved
volume.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to implement
measures to ensure safety, prevention and remedy against negative incidents
occurred in course of water exploration, extraction and use;
b) Extracting and using
groundwater with the rough water level higher than the licensed rough water
level as prescribed.
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7. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for exploring, extracting and
using water resources during the license suspension period.
8. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Committing any of the
violations specified in Clauses 3, 4 and 5 of this Article upon extraction, use
and exploration of groundwater, thereby resulting in subsidence, pollution or
saltwater intrusion into aquifers or seriously affect operation of groundwater
extraction works by the people;
b) Committing any of the
violations specified in Point a Clause 4, Point b Clause 4, Point d Clause 4
and Point b Clause 5 of this Article upon extraction and use of surface water,
thereby affecting the extraction and use of other types of water or resulting
in floods, artificial waterlogging, droughts or water scarcity or increase in
saltwater intrusion, thereby influencing production and daily activities of the
people in the lowland.
9. Additional penalties:
Suspend the license to
explore or extract water resources for 01 - 03 months if the violation
mentioned in Clause 8 of this Article is committed.
10. Remedial measures:
The violator is compelled
to adopt remedial measures against environmental pollution, degradation or
depletion of water resources if any of the violations in Clauses 4 and 5 of
this Article causes pollution and/or degradation of water quality and decrease
in water quantity.
Article
11. Violations against regulations on groundwater drilling practice
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following
violations:
a) Failure to submit
annual consolidated reports on groundwater drilling works as prescribed;
b) Failure to send
written notification of location and scale of the groundwater drilling work,
and expected time limit for construction thereof to a competent authority as
prescribed;
c) Failure to send
written notification to a competent authority if there is any change of the
technical responsible person, registered business lines or assigned tasks as
prescribed.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of following
violations against regulations on drilling practice for the drilling work with
the casing diameter smaller than 110 mm and the flow less than 200 m3/24
hours:
a) Lending or leasing out
the license;
b) Practicing groundwater
drilling without the license;
c) Practicing groundwater
drilling with an unexpired license, except for the case where the application
for license renewal has been submitted as prescribed.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
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b) Failure to comply with
technical procedure for borehole filling and sealing as prescribed;
c) Using wastewater,
dirty water or water contaminated with oil, toxic chemicals or additives
containing pollutants used as drilling fluids or to mix with drilling fluids to
pour them into boreholes;
d) Failure to obtain a
drilling license to conduct the filling and sealing of a borehole which is
constructed for the purpose of extracting groundwater and has casing diameter
larger than 60 mm or a depth of 30 m or more;
dd) Failure to practice
drilling in the scale specified in the groundwater drilling license;
e) Providing groundwater
exploration and/or extraction drilling services to an entity without obtaining
the license to explore or extract groundwater as prescribed.
5. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of following
violations against regulations on groundwater drilling practice for the
drilling work with the casing diameter smaller than 250 mm and the flow from
200 m3/24 hours to less than 3,000 m3/24 hours:
a) Lending or leasing out
the license;
b) Practicing groundwater
drilling without the license;
c) Practicing groundwater
drilling with an unexpired license, except for the case where the application
for license renewal has been submitted as prescribed.
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a) Lending or leasing out
the license;
b) Practicing groundwater
drilling without the license;
c) Practicing groundwater
drilling with an unexpired license, except for the case where the application
for license renewal has been submitted as prescribed.
7. A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Keep carrying out
drilling activities when such drilling activities cause land subsidence or
other emergencies which cause adverse impacts on construction works and life of
the people in the area where drilling activities are conducted;
b) Failure to take
remedial measures against the land subsidence or other emergencies which cause
adverse impacts on construction works and life of the people in the area where
drilling activities are conducted.
8. Additional penalties:
a) Suspend the
groundwater drilling license for 03 - 06 months if any of the violations
prescribed in Point a Clause 3, Point a Clause 4, Point a Clause 5 and Point a
Clause 6 of this Article is committed;
b) Suspend the
groundwater exploration drilling for 03 – 06 months if the violation prescribed
in Point e Clause 4 of this Article is committed.
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The violator is compelled
to:
a) adopt remedial
measures against environmental pollution, degradation or depletion of water
resources if any of the violations in Points b and c Clause 3, Points b and c
Clause 5, Points b and c Clause 6 and Clause 7 of this Article causes pollution
and/or degradation of water quality and decrease in water quantity.
b) take remedial measures
against land subsidence or other emergencies if the violation mentioned in
Clause 7 of this Article is committed.
Article
12. Violations against regulations on transfer of right to extract water resources
and falsification of water resources license
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for the falsification of the
water resources license.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for transfer of the water
extraction right without the consent given by the licensing authority.
3. Additional penalties:
a) Suspend the water
resources license for 03 - 06 months if the violation mentioned in Clause 1 of
this Article is committed;
b) Suspend the water
resources license for 06 - 12 months if the violation mentioned in Clause 2 of
this Article is committed.
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to transfer
boundary markers of safety perimeters of water source to the People’s Committee
of the commune where the reservoir is located as prescribed.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations if the reservoir capacity is less than 1,000,000 m3:
a) Using the surface area
of the reservoir for aquaculture or provision of tourism and/or entertainment
services without the written approval by the water resources authority, if the
reservoir is in the system of irrigation works, regulations on penalties for
administrative violations against regulations on operation and protection of
irrigation works shall apply;
b) Failure to comply with
regulations on reporting of operation of works as prescribed.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Committing any of the
violations mentioned in Clause 2 of this Article in respect of a reservoir with
a capacity from 1,000,000 m3 to less than 10,000,000 m3;
b) Failure to formulate
the plan for planting of boundary markers of safety perimeters of reservoirs in
case where boundary markers are yet to be planted.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Committing any of the
violations mentioned in Clause 2 of this Article in respect of a reservoir with
a capacity from 10,000,000 m3 to less than 50,000,000 m3;
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c) Failure to plant
boundary markers or failure to comply with the boundary marker planting plan
approved by a competent authority.
5. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for any of the violations
prescribed in Clause 2 of this Article in respect of a reservoir with a
capacity from 50,000,000 m3 to less than 1,000,000,000 m3.
6. A fine ranging from VND
60,000,000 to VND 80,000,000 shall be imposed for any of the violations
prescribed in Clause 2 of this Article in respect of a reservoir with a
capacity of 100,000,000 m3 or more.
7. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following
violations:
a) Failure to maintain
the minimum flows as regulated with respect to reservoirs and spillways;
b) Failure to implement
or incorrectly implementing the annual plan for regulating water stored in the
reservoir;
c) Failure to conduct the
meteorological and hydrological monitoring, and calculation and forecasting of
the reservoir or spillway inflow to serve its operation;
d) Failure to formulate
plans for prevention and control of floods, inundation, droughts and water
shortage in lowlands;
dd) Failure to provide
warnings and notifications of reservoir/spillway discharge;
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g) Operating the
reservoir/spillway to discharge water with a volume in excess of that specified
in the reservoir operation procedure under normal weather conditions.
8. A fine ranging from
VND 200,000,000 to VND 220,000,000 shall be imposed for any of the following
violations:
a) Failure to formulate
the plan for response to dam failures and other incidents seriously threatening
the safety of works, lives and property of the people in lowland of the
reservoir/spillway;
b) Failure to formulate
the annual plan for regulating water stored in the reservoir;
c) Discharging water with
a volume in excess of that specified in the reservoir operation procedure upon
occurrence of flooding.
9. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for any of the following
violations:
a) Failure to follow the
reservoir operation order of the competent authority in case of a flood,
drought or water scarcity or in another emergency case;
b) Failure to comply with
procedure for closing and opening valves of the discharge work as prescribed
with respect to reservoirs and spillways;
c) Failure to implement
or incorrectly implementing the plan for regulating and distributing water
sources in river basins promulgated by the competent authority;
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10. Additional penalties:
a) Suspend the license to
extract water resources for 01 – 03 months if any of the violations prescribed
in Points a and g Clause 7; Point c Clause 8; Point a Clause 9 of this Article
results in unexpected flash floods that cause adverse impacts on production and
life of the people in lowland of the reservoir/spillway;
b) Suspend the extraction
and use of water resources for 03 – 06 months if the violation mentioned in
Point d Clause 9 of this Article is committed.
11. Remedial measures:
The violator is compelled
to take remedial measures against the flood, inundation, drought or water
shortage 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.
Section
2. VIOLATIONS AGAINST REGULATIONS ON INTER-RESERVOIR OPERATION PROCEDURE
Article
14. Violations against regulations on monitoring, forecasting and provision of
information and figures as specified in inter-reservoir operation procedure
1. Fines shall be imposed
for one of the following violations against regulations on provision of
information/figures. To be specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for incorrectly adopting
methods of providing information/figures as prescribed;
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c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed on the agency/unit that is
obliged to provide information/figures for its failure to provide accurate and
sufficient information/figures as prescribed;
d) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to provide
accurate and sufficient information/figures as prescribed;
dd) A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for failure to provide information/figures
as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for incorrectly implementing
regulations on monitoring and forecasting under normal weather conditions
during flood season. To be specific:
a) Incorrectly carrying
out monitoring and calculation of reservoir water level, reservoir inflow, weir
and plant overflow rate and intake flow rate within prescribed periods;
b) Issuing forecasts that
fail to contain required contents.
3. A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for incorrectly implementing
regulations on monitoring and forecasting during dry season. To be specific:
a) Incorrectly carrying
out monitoring and calculation of reservoir water level, reservoir inflow, weir
and plant overflow rate, intake flow rate and upper and lower reservoir water
levels within prescribed periods;
b) Issuing forecasts that
fail to contain required contents.
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a) Failure to carry out
monitoring and calculation of reservoir water level, reservoir inflow, weir and
plant overflow rate and intake flow rate as prescribed;
b) Failure to issue
reservoir flood forecasts as prescribed.
5. A fine ranging from
VND 70,000,000 to VND 80,000,000 shall be imposed for failure to carry out
monitoring and forecasting activities during dry season. To be specific:
a) Failure to carry out
monitoring of reservoir inflow, weir and plant overflow rate, intake flow rate
and upper and lower reservoir water levels as prescribed;
b) Failure to forecast
reservoir inflow as prescribed;
c) Failure to formulate
and notify the plan to supply water to lowlands to the competent authority as
prescribed;
d) Failure to propose and
notify the competent authority of the plan to regulate water for lowlands in
case of an emergency, drought or water shortage that influences the operation
of reservoirs as prescribed.
6. A fine ranging from
VND 80,000,000 to VND 90,000,000 shall be imposed for falsification of
monitoring and/or forecasting information and figures.
7. The fine for each
violation prescribed in Clauses 1, 2 and 4 of this Article shall increase
thrice in case a flood-producing rain may occur.
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1. Fines shall be imposed
for violations against regulations on maintaining water level before flood
under normal weather conditions with respect to the reservoir whose total
capacity is less than 200 million m3. To be specific:
a) A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for incorrectly operating the
reservoir, thereby resulting in an increase in reservoir water level which is
higher than the water level before flood by under 30% of the difference between
the retention water level and the water level before flood;
b) A fine ranging from
VND 70,000,000 to VND 90,000,000 shall be imposed for incorrectly operating the
reservoir, thereby resulting in an increase in reservoir water level which is
higher than the water level before flood by under 60% of the difference between
the retention water level and the water level before flood;
c) A fine ranging from
VND 90,000,000 to VND 110,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by at least 60% of the difference
between the retention water level and the water level before flood;
d) A fine ranging from
VND 110,000,000 to VND 130,000,000 shall be imposed for incorrectly operating
reservoir, thereby resulting in an increase in the reservoir water level which
is equal to or higher than the retention water level.
2. Fines shall be imposed
for violations against regulations on maintaining water level before flood under
normal weather conditions with respect to the reservoir whose total capacity is
from 200 m3 to less than 300 million m3. To be specific:
a) A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by under 30% of the difference
between the retention water level and the water level before flood;
b) A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by from 30% to less than 60% of the
difference between the retention water level and the water level before flood;
c) A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by at least 60% of the difference
between the retention water level and the water level before flood;
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3. Fines shall be imposed
for violations against regulations on maintaining water level before flood under
normal weather conditions with respect to the reservoir whose total capacity is
from 300 million m3 to less than 500 million m3. To be
specific:
a) A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by under 30% of the difference
between the retention water level and the water level before flood;
b) A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by from 30% to less than 60% of the
difference between the retention water level and the water level before flood;
c) A fine ranging from
VND 140,000,000 to VND 160,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by at least 60% of the difference
between the retention water level and the water level before flood;
d) A fine ranging from
VND 160,000,000 to VND 180,000,000 shall be imposed for failure to incorrectly
operating reservoir, thereby resulting in an increase in the reservoir water
level which is equal to or higher than the retention water level.
4. Fines shall be imposed
for violations against regulations on maintaining water level before flood
under normal weather conditions with respect to the reservoir whose total
capacity is 500 million m3 or more. To be specific:
a) A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by under 30% of the difference
between the retention water level and the water level before flood;
b) A fine ranging from
VND 140,000,000 to VND 160,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by from 30% to less than 60% of the
difference between the retention water level and the water level before flood;
c) A fine ranging from
VND 160,000,000 to VND 180,000,000 shall be imposed for incorrectly operating
the reservoir, thereby resulting in an increase in reservoir water level which
is higher than the water level before flood by at least 60% of the difference
between the retention water level and the water level before flood;
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5. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for any of the violations
prescribed in Clauses 1, 2, 3 and 4 of this Article if such violation causes
flood which adversely influences production activities and life of the people
in lowland of the reservoir.
6. Remedial measures:
The violator is compelled
to:
a) adopt reservoir
operation measures to lower the reservoir water level to the water level before
flood;
b) adopt remedial
measures against damage caused by any of the violations mentioned in Clause 5
of this Article.
Article
16. Violations against regulations on operation of reservoirs for the purpose
of reducing floods hitting lowlands as specified in inter-reservoir operation
procedure
1. Fines shall be imposed
for operating the reservoir to discharge water with a volume exceeding the
reservoir inflow during operation of the reservoir for reducing flood hitting
the lowland with respect to the reservoir whose total capacity is less than 200
million m3. To be specific:
a) A fine ranging from
VND 140,000,000 to VND 150,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is under 20% of
the reservoir inflow;
b) A fine ranging from
VND 150,000,000 to VND 160,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is from 20% to
under 40% of the reservoir inflow;
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d) A fine ranging from
VND 170,000,000 to VND 180,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is from 60% to
under 80% of the reservoir inflow;
2. Fines shall be imposed
for operating the reservoir to discharge water with a volume exceeding the
reservoir inflow during operation of the reservoir for reducing flood hitting
the lowland with respect to the reservoir whose total capacity is from 200
million m3 to less than 300 million m3. To be specific:
a) A fine ranging from
VND 150,000,000 to VND 160,000,000 shall be imposed for operating the reservoir
to discharge water with a volume exceeding the reservoir inflow if the
exceeding volume is under 20% of the reservoir inflow;
b) A fine ranging from
VND 160,000,000 to VND 170,000,000 shall be imposed for discharging water if
the exceeding volume is from 20% to under 40% of the reservoir inflow;
c) A fine ranging from
VND 170,000,000 to VND 180,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is from 40% to
under 60% of the reservoir inflow;
d) A fine ranging from
VND 180,000,000 to VND 190,000,000 shall be imposed for discharging water if
the exceeding volume is from 60% to under 80% of the reservoir inflow;
dd) A fine ranging from
VND 190,000,000 to VND 200,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is at least 80%
of the reservoir inflow.
3. Fines shall be imposed
for operating the reservoir to discharge water with a volume exceeding the
reservoir inflow during operation of the reservoir for reducing flood hitting
the lowland with respect to the reservoir whose total capacity is from 300
million m3 to less than 500 million m3. To be specific:
a) A fine ranging from
VND 160,000,000 to VND 170,000,000 shall be imposed for discharging water with a
volume exceeding the reservoir inflow if the exceeding volume is under 20% of
the reservoir inflow;
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c) A fine ranging from
VND 180,000,000 to VND 190,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is from 40% to
under 60% of the reservoir inflow;
d) A fine ranging from VND
190,000,000 to VND 200,000,000 shall be imposed for discharging water if the
exceeding volume is from 60% to under 80% of the reservoir inflow;
dd) A fine ranging from
VND 200,000,000 to VND 210,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is at least 80%
of the reservoir inflow.
4. Fines shall be imposed
for operating the reservoir to discharge water with a volume exceeding the
reservoir inflow during operation of the reservoir for reducing flood hitting
the lowland with respect to the reservoir whose total capacity is 500 million m3
or more. To be specific:
a) A fine ranging from
VND 170,000,000 to VND 180,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is under 20% of
the reservoir inflow;
b) A fine ranging from
VND 180,000,000 to VND 190,000,000 shall be imposed for discharging water if
the exceeding volume is from 20% to under 40% of the reservoir inflow;
c) A fine ranging from
VND 190,000,000 to VND 200,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is from 40% to
under 60% of the reservoir inflow;
d) A fine ranging from
VND 200,000,000 to VND 210,000,000 shall be imposed for discharging water if
the exceeding volume is from 60% to under 80% of the reservoir inflow;
dd) A fine ranging from
VND 210,000,000 to VND 220,000,000 shall be imposed for discharging water with
a volume exceeding the reservoir inflow if the exceeding volume is at least 80%
of the reservoir inflow.
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a) Committing any of the
violations mentioned in this Article resulting in flooding which adversely
influences production activities and life of the people in lowland of the
reservoir;
b) Discharging water with
a volume that exceeds the reservoir inflow when the reservoir water level
reaches the retention water level as specified in the inter-reservoir operation
procedure.
6. Remedial measures:
The violator is compelled
to:
a) adopt measures to
operate the reservoir to reduce flood hitting the lowland;
b) adopt remedial
measures against damage caused by the violations mentioned in Point a Clause 5
of this Article.
Article
17. Violations against regulations on operating reservoirs to reduce reservoir
water level for flood preparedness and reduce reservoir water level to maximum
water level before flood as specified in inter-reservoir operation procedure
1. A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed for any of the following
violations:
a) Reducing the reservoir
water level for flood preparedness against regulations when having urgent news
of storm, tropical depression or any other weather event that may cause rain
and/or flood;
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2. A fine ranging from VND
140,000,000 to VND 160,000,000 shall be imposed for failure to operate the
reservoir to discharge an amount of water equal to the reservoir inflow with
the aim of maintaining current reservoir water level after the reduction of
reservoir water level for flood preparedness is done while conditions for
reducing flood hitting the lowland are not satisfied.
3. Remedial measures:
The violator is compelled
to:
a) adopt reservoir
operation measures to reduce reservoir water level for flood preparedness and
reduce the reservoir water level to maximum water level before flood as
prescribed;
b) adopt remedial
measures against damage caused by any of the violations in this Article which
cause flooding affecting production activities and life of the people in
lowland of the reservoir.
Article
18. Violations against regulations on maintaining annual low-water flow upon
the completion of works during dry season as specified in inter-reservoir
operation procedure
1. Fines shall be imposed
for discharging water with a volume or total volume smaller than the regulated
one with respect to the reservoir whose total capacity is less than 200 million
m3. To be specific:
a) A fine ranging from
VND 110,000,000 to VND 120,000,000 shall be imposed if the volume of discharged
water is less than 20% smaller than the regulated one;
b) A fine ranging from
VND 120,000,000 to VND 130,000,000 shall be imposed if the volume of discharged
water is from 20% to less than 50% smaller than the regulated one;
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d) A fine ranging from
VND 140,000,000 to VND 150,000,000 shall be imposed for failure to discharge
the required volume or total volume of water.
2. Fines shall be imposed
for discharging water with a volume or total volume smaller than the regulated
one with respect to the reservoir whose total capacity is from 200 million m3
to less than 300 million m3. To be specific:
a) A fine ranging from
VND 120,000,000 to VND 130,000,000 shall be imposed if the volume of discharged
water is less than 20% smaller than the regulated one;
b) A fine ranging from
VND 130,000,000 to VND 140,000,000 shall be imposed if the volume of discharged
water is from 20% to less than 50% smaller than the regulated one;
c) A fine ranging from
VND 140,000,000 to VND 150,000,000 shall be imposed if the volume of discharged
water is 50% or more smaller than the regulated one;
d) A fine ranging from
VND 150,000,000 to VND 160,000,000 shall be imposed for failure to discharge
the required volume or total volume of water.
3. Fines shall be imposed
for discharging water with a volume or total volume smaller than the regulated
one with respect to the reservoir whose total capacity is from 300 million m3
to less than 500 million m3. To be specific:
a) A fine ranging from
VND 130,000,000 to VND 140,000,000 shall be imposed if the volume of discharged
water is less than 20% smaller than the regulated one;
b) A fine ranging from
VND 140,000,000 to VND 150,000,000 shall be imposed if the volume of discharged
water is from 20% to less than 50% smaller than the regulated one;
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d) A fine ranging from
VND 160,000,000 to VND 170,000,000 shall be imposed for failure to discharge
the required volume or total volume of water.
4. Fines shall be imposed
for discharging water with a volume or total volume smaller than the regulated
one with respect to the reservoir whose total capacity is 500 million m3
or more. To be specific:
a) A fine ranging from
VND 140,000,000 to VND 150,000,000 shall be imposed if the volume of discharged
water is less than 20% smaller than the regulated one;
b) A fine ranging from
VND 150,000,000 to VND 160,000,000 shall be imposed if the volume of discharged
water is from 20% to less than 50% smaller than the regulated one;
c) A fine ranging from
VND 160,000,000 to VND 170,000,000 shall be imposed if the volume of discharged
water is 50% or more smaller than the regulated one;
d) A fine ranging from
VND 170,000,000 to VND 180,000,000 shall be imposed for failure to discharge
the required volume or total volume of water.
5. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for failure to discharge
water with the regulated volume resulting in serious water shortage in the
lowland.
6. Remedial measures:
The violator is compelled
to:
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b) adopt remedial
measures against droughts or water shortage if any of the violations prescribed
in this Article results water shortage in the lowland.
Article
19. Violations against regulations on daily water discharge period during dry
season as specified in inter-reservoir operation procedure
1. A fine ranging from
VND 70,000,000 to VND 90,000,000 shall be imposed for failure to discharge
water on a daily basis within a period of less than 5 days.
2. A fine ranging from
VND 90,000,000 to VND 110,000,000 shall be imposed for failure to discharge
water on a daily basis within a period of from 05 days to less than 10 days.
3. A fine ranging from
VND 110,000,000 to VND 130,000,000 shall be imposed for failure to discharge
water on a daily basis within a period of from 10 days to less than 20 days.
4. A fine ranging from
VND 130,000,000 to VND 150,000,000 shall be imposed for failure to discharge
water on a daily basis within a period of from 20 days to less than 30 days.
5. A fine ranging from
VND 150,000,000 to VND 170,000,000 shall be imposed for failure to discharge water
on a daily basis within a period of from 30 days to less than 60 days.
6. A fine ranging from
VND 170,000,000 to VND 190,000,000 shall be imposed for failure to discharge
water on a daily basis within a period of 60 days or more.
7. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for failure to discharge
water within the prescribed period resulting in serious water shortage in the
lowland.
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The violator is compelled
to adopt remedial measures against droughts or water shortage if any of the
violations prescribed in this Article results in serious water shortage in the
lowland and serious influence on operation of other reservoirs in the river
basin.
Section
3. VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCES PROTECTION
Article
20. Acts of discharging wastewater into water bodies without license as
prescribed
1. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Discharging wastewater
into water bodies with a discharged wastewater volume of more than 5 m3/24
hours to less than 50 m3/24 hours, except for the case
specified in Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
more than 10,000 m3/24 hours to less than 30,000 m3/24
hours.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Discharging wastewater
into water bodies with a discharged wastewater volume of more than 50 m3/24
hours to less than 100 m3/24 hours, except for the case specified in
Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
from 30,000 m3/24 hours to less than 50,000 m3/24 hours.
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a) Discharging wastewater
into water bodies with a discharged wastewater volume of from 100 m3/24
hours to less than 500 m3/24 hours, except for the case specified in
Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
from 50,000 m3/24 hours to less than 70,000 m3/24 hours.
4. A fine ranging from VND
60,000,000 to VND 90,000,000 shall be imposed for discharging wastewater
containing toxic chemicals and/or radioactive substances into water bodies with
a discharged wastewater volume not exceeding 5 m3/24 hours.
5. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following
violations:
a) Discharging wastewater
into water bodies with a discharged wastewater volume of from 500 m3/24
hours to less than 1,000 m3/24 hours, except for the case specified
in Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
from 70,000 m3/24 hours to less than 100,000 m3/24 hours.
6. A fine ranging from
VND 140,000,000 to VND 160,000,000 shall be imposed for any of the following
violations:
a) Discharging wastewater
into water bodies with a discharged wastewater volume of from 1,000 m3/24
hours to less than 2.000 m3/24 hours, except for the case specified
in Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
from 100,000 m3/24 hours to less than 150,000 m3/24
hours.
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a) Discharging wastewater
into water bodies with a discharged wastewater volume of from 2,000 m3/24
hours to less than 3,000 m3/24 hours, except for the case specified
in Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
from 150,000 m3/24 hours to less than 200,000 m3/24
hours.
8. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for any of the following
violations:
a) Discharging wastewater
into water bodies with a discharged wastewater volume of at least 3,000 m3/24
hours, except for the case specified in Point b of this Clause;
b) Discharging
aquaculture wastewater into water bodies with a discharged wastewater volume of
at least 200,000 m3/24 hours.
9. Fines for discharge of
wastewater which requires a license into the centralized wastewater collection
and treatment system that is yet to be licensed to discharge wastewater into
water bodies are the same as those for corresponding violations prescribed in
Point a Clauses 2, 3, 4, 5, 6, 7 and 8 of this Article.
10. Fines for discharge
of wastewater into water bodies with an unexpired license are the same as those
for discharge of wastewater into water bodies without the license as prescribed
in Clauses 1, 2 , 3, 4, 5, 6, 7 and 8 of this Article.
11. Remedial measures:
The violator is compelled
to adopt remedial measures against environmental pollution and/or depletion of
water resources if any of the violations in this Article causes pollution
and/or degradation of water quality.
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to submit
reports on discharge of wastewater into water bodies to the competent authority
as prescribed by law;
b) Failure to promptly
submit a report on the water pollution caused by discharge of wastewater to the
licensing authority and local competent authority.
c) Submitting an
untruthful or insufficient report on discharge of wastewater into water bodies
to the competent authority as prescribed.
2. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following
violations:
a) Failure to discharge
wastewater at the locations/co-ordinates specified in the license;
a) Failure to discharge
wastewater into water bodies according to the regulations and methods specified
in the license.
3. A fine ranging from
VND 120,000,000 to VND 130,000,000 shall be imposed for any of the following
violations:
a) Failure to collect
wastewater according to the design specified in the license;
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c) Failure to have human
resources and equipment necessary to respond to water pollution incidents;
d) Giving permission to
other entities to discharge wastewater into the wastewater collection and
treatment system in which the license holder is invested and which is managed
and operated by the license holder inconsistently with regulations in the
license.
4. If the discharged
wastewater volume exceeds the licensed one, fines imposed for exceeding volumes
are the same as fines for corresponding violations prescribed in Clauses 1, 2,
3, 4, 5, 6, 7 and 8 Article 20 hereof.
5. Fines for discharge of
wastewater containing pollutants with concentration in excess of the licensed
one into water bodies shall be governed by regulations on penalties for
administrative violations against regulations on environmental protection.
6. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for violations against
regulations of the license except for the violations specified in Clauses 1, 2,
3 and 4 of this Article.
7. Additional penalties:
Suspend the license to
discharge wastewater into water bodies for 03 - 06 months if any of the
violations prescribed in Clauses 2, 3, 4 and 5 of this Article results in water
pollution or serious damage to aquatic ecosystems and aquaculture within an
area.
8. Remedial measures:
The violator is compelled
to adopt remedial measures against pollution, degradation or depletion of water
resources if any of the violations in this Article causes pollution and/or
degradation of water quality and decrease in water quantity.
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1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for any of the
following violations:
a) Failure to submit
reports on borehole filling and sealing to the competent authority as
prescribed;
b) Failure 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;
c) Failure to conduct the
filling and sealing of boreholes which are no longer used or are damaged (for
each borehole) in case where the license to explore or extract groundwater is
not required;
d) Failure to notify the date
and place of borehole filling and sealing to the competent authority as
prescribed.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Managing and operating
a work in the manner that causes water loss or water waste;
b) Installing borehole
mouth against regulations;
c) Using borehole
cleaning and disinfection chemicals which are not on the list of allowed
chemicals.
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a) Failure to take
remedial measures against operating activities-induced emergencies that affect
quality and/or water level in the borehole;
b) Failure to conduct the
filling and sealing of boreholes which are no longer used or are damaged (for
each borehole) in case where the license to explore or extract groundwater is
required.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to cooperate with
the People’s Committee of the district or commune where the water extraction
work is available and relevant authorities in determining boundary of the
domestic water supply protection zone for the work on site after the approval
or announcement thereof.
5. A fine ranging from
VND 80,000,000 to VND 90,000,000 shall be imposed for failure to comply with
national technical regulations on safety and prevention of groundwater
degradation and depletion upon carrying out extraction of mineral or
underground construction.
6. A fine ranging from
VND 140,000,000 to VND 160,000,000 shall be imposed for any of the following
violations:
a) Failure to build the
rainwater collection system separately from the wastewater collection system
while constructing, improving or upgrading businesses;
b) Failure to build the
wastewater treatment system while constructing, improving or upgrading
businesses.
7. A fine ranging from
VND 160,000,000 to VND 180,000,000 shall be imposed for discharging wastewater
or transporting wastes into the domestic water supply protection zone.
8. A fine ranging from
VND 180,000,000 to VND 200,000,000 shall be imposed for construction of
groundwater extraction works in the area where the groundwater extraction is
restricted as prescribed.
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10. Additional penalties:
b) Suspend manufacturing
and trading activities for 03 – 06 months if the violation prescribed in Point
b Clause 6 of this Article is committed.
11. Remedial measures:
The violator is compelled
to:
a) carry out filling and
sealing of the borehole/well if the violation prescribed in Point c Clause 1
and Point b Clause 3 of this Article is committed;
b) dismantle the works if
any of the violations prescribed in Clause 7 and Clause 8 of this Article is
committed;
c) adopt remedial
measures against pollution, degradation or depletion of water resources if any
of the violations in this Article causes pollution and/or degradation of water
quality and decrease in water quantity.
Article
23. Violations against regulations on prevention and control of pollution,
degradation and depletion of water resources
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to adopt measures
to prevent leaks or spillage of wastewater storage pond, lake or area if the
stored wastewater does not contain hazardous waste.
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3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to formulate
plans for prevention and control of pollution, degradation and depletion of
water resources upon building economic zones, industrial parks,
export-processing zones, hi-tech zones, industrial clusters, urban areas,
populated areas, tourism areas, recreational areas, waterway routes, roads,
underground works, water supply and drainage works, mining works, power plants,
wastewater storage areas, businesses and other works that may cause pollution,
degradation and depletion of water resources;
b) Failure to have plans,
equipment and human resources for preventing and reducing sea water pollution
when carrying out activities at sea.
4. A fine ranging from VND
50,000,000 to VND 70,000,000 shall be imposed for any of the following
violations:
a) Failure to implement
measures to ensure safety and prevent leaks or loss resulting in pollution of
water sources of businesses, service providers, mining facilities and other
production activities that use toxic chemicals;
b) Failure to implement
measures to prevent leaks or spillage of the pond, lake or zone storing
wastewater that contains hazardous waste.
5. A fine ranging from
VND 200,000,000 to VND 220,000,000 shall be imposed for any of the following
violations:
a) Pumping water and
draining in mining or construction resulting in decrease of underground water
levels and water depletion;
b) Failure to adopt
remedial measures as instructed by the water resources authority when pumping
water and draining in mining or construction resulting in decrease of
underground water level and water depletion.
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7. Additional penalties:
Suspend manufacturing and
trading activities for 01 – 03 months if the violation prescribed in Point b
Clause 4 of this Article is committed.
8. Remedial measures:
The violator is compelled
to adopt remedial measures against pollution, degradation or depletion of water
resources if any of the violations in this Article causes pollution and/or
degradation of water quality and decrease in water quantity.
Article
24. Violations against regulations on response to water pollution incidents
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to formulate a
water pollution incident response plan;
b) Failure to provide
equipment necessary for response to the water pollution incident caused by an
act of violation;
c) Failure to notify the
competent authority of the occurrence of a water pollution incident.
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3. A fine ranging from
VND 220,000,000 to VND 250,000,000 shall be imposed for failure to implement
measures to promptly respond to the water pollution incident caused by an act
of violation resulting in serious water pollution.
4. Remedial measures:
The violator is compelled
to adopt remedial measures against environmental pollution and/or degradation
of water resources caused by any of the violations prescribed in Clauses 2 and
3 of this Article.
Article
25. Violations against regulations on maintenance of water flow and prevention
of river bank and terrace erosion
1. A warning or a fine
ranging from VND 100,000 to VND 500,000 shall be imposed for laying obstacles
or planting trees to block flood drainage, water flow on rivers, streams,
ponds, canals or ditches.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for laying pipelines or cables
across a river, stream or canal or laying cages or rafts against the technical
regulations on flood control and relevant technical requirements as prescribed
by law resulting in obstruction of water flow.
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 bridge/wharf or another river/stream/canal closure
work or work across a river/stream/canal against the technical regulations on
flood control and relevant technical requirements as prescribed by law
resulting in obstruction of water flows..
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Building embankments,
fortifying river bank, dredging or clearing channels to open inland channels
and routes, building hydraulic works or extracting sand, gravel and other
minerals from rivers or lakes against the plan approved by the competent
authority;
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c) Failure to suspend the
dredging or clearing of channels to open inland channels and routes or
extraction of sand, gravel and other minerals from rivers or lakes if any sign
of erosion appears.
5. Fines for leveling
rivers, streams, canals or channels resulting in narrowing of the flow without
approval by a competent authority are as follows:
a) A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for narrowing less than 5% of
the cross-section of a river, stream, channel or canal;
b) A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for narrowing from 5% to
less than 20% of the cross-section of a river, stream, channel or canal;
c) A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for narrowing from 20% to
less than 30% of the cross-section of a river, stream, channel or canal;
d) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for narrowing from 30% to
less than 50% of the cross-section of a river, stream, channel or canal;
dd) A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for narrowing at least 50%
of the cross-section of a river, stream, channel or canal.
6. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Building embankments,
fortifying river bank, dredging or clearing channels to open inland channels
and routes , building hydraulic works or extracting sand, gravel and other
minerals from rivers or lakes against the plan approved by the competent
authority resulting in river bed, bank or terrace erosion or serious
waterlogging in riparian zones;
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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 operation and
protection of irrigation works.
8. Additional penalties:
a) Suspend the activities
for 01 to 03 months if the violation mentioned in Clause 6 of this Article is
committed;
b) Suspend the activity
for 03 - 06 months if any of the violations mentioned in Clause 5 of this
Article is committed.
9. Remedial measures:
The violator is compelled
to:
a) restore the original
condition which has been changed by any of the violations mentioned in this
Article;
b) dismantle the works or
remove or relocate the obstacles to the flow if any of the violations
prescribed in this Article is committed.
c) dismantle the works or
remove or relocate the obstacles on the area of the encroached river if the
violation mentioned in Point b Clause 6 of this Article is committed.
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1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed on the facility operating
inside the safety perimeter of water resources for its failure to adopt
measures to treat, control and supervise quality of wastewater or waste before
it is discharged into land or water bodies.
2. A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for carrying out mineral
mining, drilling or construction of buildings or architectures inside the
safety perimeter of water resources resulting in erosion on the banks of river,
stream, channel, canal or reservoir.
3. A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for performance of any of the
following acts without obtaining written consent from the Provincial Department
of Natural Resources and Environment, except for the acts performed within the
safety perimeters of irrigation works:
a) Building a warehouse,
wharf, port, bridge, traffic route, underground work or another infrastructure;
b) Leveling or
constructing embankments of a river, stream, channel, canal, irrigation
reservoir, hydroelectric reservoir, natural or artificial reservoir, except for
the construction of urgent works serving natural disaster management or erosion
prevention or training works on rivers where disaster management works and
dikes are available;
c) Carrying out drilling
or digging to serve the geological surveys, exploration/mining of minerals,
foundation handling or mine dewatering;
d) Mining minerals or
building materials.
4. A fine ranging from
VND 150,000,000 to VND 180,000,000 shall be imposed for construction of a
hospital or health facility specialized in treatment of infectious diseases, cemetery,
landfills, toxic chemical manufacturing establishment or manufacturing and
processing establishment that have hazardous wastewater inside the safety
perimeter of water resources.
5. Remedial measures:
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a) dismantle the
violating works prescribed in Clauses 3 and 4 of this Article;
b) adopt remedial
measures against pollution, degradation or depletion of water resources if any
of the violations in this Article causes pollution and/or degradation of water quality
and decrease in water quantity.
Article
27. Violations against regulations on prevention and control of saltwater
intrusion
1. A fine ranging from
VND 6,000,000 to VND 10,000,000 shall be imposed for extracting or using
brackish water or saltwater for production or aquaculture outside the area
reserved for aquaculture resulting in the movement of saline water into water
sources.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to comply with
technical procedures and regulations on management and operation of sluices
constructed to prevent saline intrusion or storing fresh water, and
reservoirs/flow regulation works resulting in movement of saline water into
water sources.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to adopt measures
to prevent saltwater intrusion into aquifers when carrying out the exploration
and extraction of groundwater in plains or coastal areas.
4. Remedial measures:
The violator is compelled
to adopt remedial measures against pollution, degradation or depletion of water
resources if any of the violations in this Article causes pollution and/or
degradation of water quality and decrease in water quantity.
Section
4. VIOLATIONS AGAINST OTHER REGULATIONS ON WATER RESOURCES MANAGEMENT
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1. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to comply with
technical regulations on safety, prevention and control of land subsidence when
carrying out drilling activities for groundwater exploration and extraction or
drilling for dewatering of mine or foundation pit.
2. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to apply
remedial measures upon the occurrence of land subsidence in course of drilling
for groundwater exploration and extraction;
b) Failure to immediately
notify the nearest local authority of the occurrence of land subsidence in
course of drilling for groundwater exploration and extraction.
3. Additional penalties:
Suspend the groundwater
exploration and extraction for 03 – 06 months if any of the violations
prescribed in Points a and b Clause 2 of this Article is committed.
4. Remedial measures:
The violator is compelled
to restore the original condition which has been changed by the violation
mentioned in Point a Clause 2 of this Article.
Article
29. Violations against other regulations on water resources management
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a) Making untruthful
statements to be offered incentives for economical and efficient use of water;
b) Using incentives for
economical and efficient use of water for improper purposes.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for providing inaccurate
information/data on water resources to the water resources authority as
requested.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to publish
sufficient information concerning the project’s extraction and use of water
resources or discharge of wastewater into water bodies as prescribed;
b) Failure to adopt the
prescribed methods of publishing information concerning the project’s
extraction and use of water resources or discharge of wastewater into water
bodies;
c) Failure to submit the
application for calculating fees for granting water extraction rights within
the prescribed time limit.
4. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for illegally accessing the
water resources data and information systems.
5. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
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b) Failure to publish information
concerning the project’s extraction and use of water resources or discharge of
wastewater into water bodies as prescribed;
c) Including inaccurate
information in the application for calculating charge processing of application
for grant of water extraction rights;
d) Failure to make full
payment of fees for processing of application for grant of water extraction
rights.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Including inaccurate
information in the application for license to explore or extract water
resources, or discharge wastewater into water bodies;
b) Failure to seek
opinions from relevant residential communities, organizations and individuals
as prescribed;
c) Failure to pay fees
for granting water extraction rights;
c) Failure to submit the
application for calculating fees for granting water extraction rights as
prescribed;
dd) Failure to submit the
application for adjustment to fees for granting water extraction rights if the
adjustment is required;
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7. A fine ranging from
VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following
violations:
a) Building a reservoir,
dam or water extraction work inconsistently with the water resources planning;
b) Failure to comply with
the decision on restriction on groundwater extraction issued by the competent
authority.
8. Additional penalties:
a) Suspend the extraction
or use of groundwater for 01 – 06 months if any of the violations prescribed in
Point b Clause 7 of this Article is committed;
b) Suspend the license to
extract water resources for a period from 01 to less than 03 months if the
violation prescribed in Point d Clause 5 of this Article is committed, or for
03 – 06 months if any of the violations prescribed in Points a, b and c Clauses
5 and 6 of this Article is committed.
9. Remedial measures:
The violator is compelled
to:
a) correct falsified
information/data resulted from the violations prescribed in Clause 2 of this
Article;
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Chapter
III
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MINERALS, PENALTIES, FINES AND REMEDIAL
MEASURES
Section
1. VIOLATIONS AGAINST REGULATIONS ON RESPONSIBILITY OF ENTITIES PERFORMING
MINERAL ACTIVITIES AND MANAGING MINERALS
Article
30. Violations against regulations on field surveys and collection of samples
from land surface to select the area for formulating mineral exploration
project
1. A warning or a fine
shall be imposed for collecting mineral samples from the land surface in excess
of the quantity, weight and sampling time approved by the provincial People’s
Committee. To be specific:
a) A warning shall be
imposed on a household business for collecting samples of minerals used as
common building materials;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the collection of mineral
samples 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 3,000,000 to VND 5,000,000 shall be imposed if the collection of mineral
samples is licensed by the Ministry of Natural Resources and Environment.
2. Fines shall be imposed
for conducting field surveys and taking samples from land surface to select area
for formulating the mineral exploration project without obtaining the written
approval from the People’s Committee of the province where the minerals are
available. To be specific:
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b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the collection of mineral
samples 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 10,000,000 to VND 20,000,000 shall be imposed if the collection of mineral
samples is licensed by the Ministry of Natural Resources and Environment.
Article
31. Violations against regulations on notification of the exploration plan,
reporting of mineral exploration results, requirements for execution of mineral
exploration projects, obligations to be fulfilled upon the expiry of mineral
exploration license
1. A warning or a fine
shall be imposed for failure to send written notification of the mineral
exploration plan to the People’s Committee of province where minerals to be
explored are located. To be specific:
a) A warning shall be
imposed on a household business for collecting samples of minerals used as
common building materials;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the mineral exploration is
licensed by the provincial People’s Committee, except for the case prescribed
in Point a of this Clause;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the mineral exploration is
licensed by the Ministry of Natural Resources and Environment.
2. 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 30 days from February 1 of the
year succeeding the reporting period or failure to the mineral authority.
3. Fines shall be imposed
for submitting a report containing inaccurate content that there is a
difference of exceeding 10% between the actual volume of explored minerals and
the volume specified in the mineral exploration plan approved by a regulatory
authority. To be specific:
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b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the mineral exploration
license is issued by licensed by the provincial People’s Committee, except for
the case prescribed in Point a of this Clause;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
4. Fines shall be imposed
for failure to apply for approval for mineral reserves after 30 days or more
from the end of the exploration duration specified in the mineral exploration
license. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 if the mineral exploration license is issued
by the provincial People’s Committee;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
5. Fines shall be imposed
for failure to submit a report on mineral exploration results enclosed with the
decision on approval for mineral deposit to be included in geological achieves
within 90 days from the date on which the decision on approval for mineral
reserves is issued by the regulatory authority. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 if the mineral exploration license is issued
by the provincial People’s Committee;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
6. Fines shall be imposed
for failure to satisfy all eligibility requirements for practicing mineral
exploration when executing the mineral exploration project or signing a contract
with the organization that fails to satisfy all eligibility requirements for
practicing mineral exploration. To be specific:
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b) A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
7. Fines shall be imposed
for failure to execute the mineral exploration project against the approved
contents specified and failure to comply with regulations specified in the
mineral exploration license. To be specific:
a) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 100,000,000 to VND 150,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
8. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Failure to move all its
assets and assets of relevant parties from the exploration area, or failure to
conduct the leveling of exploration site and protect unmined minerals as
prescribed by law, or failure to provide specimens and information concerning
collected minerals to the mineral authority as prescribed by law within 06
months from the expiry of the mineral exploration license;
b) Arbitrarily making a
change to the exploration method or the exploration volumes which results in a
change in the cost by more than 10% of the total estimated cost without
approval by a competent authority.
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The violator is compelled
to carry out leveling of exploration works; adopt measures to protect unmined
minerals and environmental remediation measures, and transfer mineral specimens
and their related information to the competent authority if any of the
violations prescribed in Clause 8 of this Article is committed.
Article
32. Violations against regulations on mineral exploration areas
1. A warning shall be issued
for any of the following violations:
a) Planting boundary
markers at corner points of a licensed mineral exploration area inconsistently
with required specifications or failure to plant sufficient boundary markers at
corner points of a licensed mineral exploration area;
2. Fines shall be imposed
for failure to plant boundary markers at corner points of the licensed mineral
exploration area. To be specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
3. Exceeding the designed
depth by from 25% to less than 50% or from 10 m to less than 50 m in the
appraised mineral exploration project without the permission of the authority
issuing the mineral exploration license when exploring minerals while the
exploration work (trench, well, drift or borehole) is located within the
licensed exploration area. To be specific:
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b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 50,000,000 to VND 80,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
4. Exceeding the designed
depth by from 50% to less than 100% or from 50 m to less than 70 m in the
appraised mineral exploration project without the permission of the authority
issuing the mineral exploration license when exploring minerals while the
exploration work (trench, well, drift or borehole) is located within the
licensed exploration area. To be specific:
a) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 100,000,000 to VND 150,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
5. Fines shall be imposed
for exceeding the designed depth by at least 100% or 70 m in the appraised
mineral exploration project without the permission of the authority issuing the
mineral exploration license when exploring minerals while the exploration work
(trench, well, drift or borehole) is located within the licensed exploration
area. To be specific:
a) A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
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6. Fines shall be imposed
for exploring minerals beyond the boundary of the licensed mineral exploration
area. To be specific:
a) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed if the mineral exploration
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 200,000,000 to VND 300,000,000 shall be imposed if the mineral exploration
is licensed by the Ministry of Natural Resources and Environment.
7. Additional penalties:
a) Suspend the mineral
exploration if the exploration is carried out using at least 05 exploration
works or the violation is recommitted: For from 01 to less than 03 months if
any of the violations mentioned in Clause 3 is committed, for 03 – 06 months if
any of the violations mentioned in Clause 4 is committed and for 06 – 09 months
if any of the violations in Clauses 5 and 6 of this Article is committed;
b) Confiscate the
specimens that are minerals if any of the violations prescribed in Clauses 3,
4, 5 and 6 of this Article is committed.
8. Remedial measures:
The violator is compelled
to level the exploration works and adopt measures for environmental remediation
in the exploration area beyond the licensed exploration area if any of the
violations prescribed in Clauses 3, 4, 5 and 6 of this Article is committed.
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Fines shall be imposed
for transfer of mineral exploration rights or receipt of the transferred
mineral exploration rights without obtaining a written approval from the
regulatory authority. To be specific:
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
exploring minerals used as common building materials.
2. A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Clause 1 of this Article.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
Article
34. Violations against regulations on exploration of toxic minerals
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for insufficiently
implementing environmental pollution prevention measures which are specified in
the mineral exploration project resulting in environmental pollution caused by
the exploration.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for insufficiently
implementing remedial measures against environmental pollution caused by the
exploration.
4. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for failure to implement
remedial measures against environmental pollution caused by the exploration.
5. Additional penalties:
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6. Remedial measures:
The violator is compelled
to:
a) adopt measures to
prevent the environmental pollution and adverse effects on human health if the
violation prescribed in Clause 1 of this Article is committed;
b) adopt all remedial
measures against environmental pollution if any of the violations prescribed in
Clauses 2, 3 and 4 of this Article is committed.
Article
35. Violations against other regulations on mineral exploration
1. Fines shall be imposed
for conducting mineral exploration activities with an unexpired mineral exploration license or while applying for extension of the mineral exploration license without approval by a competent authority. To be specific:
a) A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mineral exploration
license is issued by the provincial People’s Committee, except for the case
prescribed in Point a of this Clause;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 if the mineral exploration license is issued
by Ministry of Natural Resources and Environment.
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a) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed if the mineral exploration
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 200,000,000 to VND 300,000,000 shall be imposed if the mineral exploration
is licensed by the Ministry of Natural Resources and Environment, except for
the case specified in Point d and dd of this Clause;
d) A fine ranging from VND
300,000,000 to VND 500,000,000 shall be imposed if the mineral exploration is
licensed by the Ministry of Natural Resources and Environment.
dd) A fine ranging from
VND 600,000,000 to VND 800,000,000 shall be imposed if the mineral exploration
is licensed by the Ministry of Natural Resources and Environment.
3. Fines shall be imposed
for constructing drilling works or furnaces intended for mineral exploration
before the mineral exploration license is obtained. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mineral exploration 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 100,000,000 to VND 200,000,000 shall be imposed if the mineral exploration
is licensed by the Ministry of Natural Resources and Environment in the case of
from 01 - 04 boreholes and drifts.
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4. Remedial measures:
The violator is compelled
to level the exploration works and adopt measures for environmental remediation
in the area where the exploration has been carried out if any of the violations
prescribed in Clause 2 of this Article is committed.
Article
36. Violations against regulations on mine fundamental construction, reporting
of mineral mining, payment of fees for granting mineral mining or exploration
rights and upgrading of mineral reserves/resources category
1. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Failure to send a
written notification of the date of commencement of mine fundamental
construction or the date of commencement of exploration activities to the
licensing authority and/or the People’s Committee at the place where the mine
is located;
b) Failure to send notify
the licensing authority of the case in which the extraction is suspended for 01
year or more;
c) Failure to include
sufficient information in the periodical report on mineral mining according to
the template provided by the Ministry of Natural Resources and Environment.
d) Failure to submit the
ad hoc report within 15 days from the date on which the written request is
received or within the time limit required by the mineral authority.
2. Fines shall be imposed
for failure to register the date of commencement of mine fundamental
construction; failure to register the date of commencement of extraction with
the licensing authority. To be specific:
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b) A fine ranging from
VND 30,000,000 to VND 50,000,000 if the license is issued by Ministry of
Natural Resources and Environment.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Submitting the
periodical report on mineral mining to the competent authority 15 - 29 days
after the deadline, which is February 01 of the year succeeding the reporting
period.;
b) Failure to retain
results of mineral exploration carried out to upgrade mineral
reserves/resources category within the licensed mineral mining area.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for submitting the periodical
report on mineral mining to the competent authority at least 30 days after the
deadline, which is February 01 of the year succeeding the reporting period.
5. Fines shall be imposed
for any of the following violations: Failure to notify the plan, volume and
time for carrying out exploration to upgrade mineral reserves/resources
category within the licensed mineral exploration area to the licensing
authority before the exploration; failure to submit exploration results to the
competent authority for approval before termination of exploration carried out
to upgrade mineral reserves category. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 if the mining license is issued by the
provincial People’s Committee;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mining license is
issued by the Ministry of Natural Resources and Environment.
6. Suspend the mining
license for 01 - 03 months for failure to sufficiently pay fees for granting
mining right in the case where, after the last period of the year in which such
fees have to be paid but they have not been paid or the fees for the year
preceding the time of inspection have not been paid as notified by the
regulatory authority; or for 03 – 06 months for failure to pay fees for
granting mining right after the last period of the year in which such fees have
to be paid and fees for the year preceding such year.
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8. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for submitting the
application for calculating fees for granting mining right against regulations
on fees for granting mining right with respect to the poly-metallic mines that
have at least 02 of the following metals: iron, copper, lead, zinc, tin,
wolfram, nickel, cobalt, bismuth, antimony, gold, silver and platinum which are
2% in group 7 – other metallic minerals provided in the Appendix I enclosed
with the Decree No. 67/2019/ND-CP.
Article
37. Violations against regulations on mineral mining areas
1. Fines shall be imposed
for failure to plant boundary markers at corner points of the licensed mineral
mining area. To be specific:
a) A fine ranging from
VND 2,000,000 to VND 5,000,000 for planting boundary markers against the
technical specifications or losing boundary markers although there are
documents proving boundary markers have been planted at corner points of the
licensed mineral mining area.
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to plant boundary
markers in full quantity as prescribed in the mining license although the
boundary markers are planted at corner points according to technical
specifications in the licensed mineral mining area; for failure to notify the
local competent authority or mineral authority of planting of boundary markers
at corner points in the licensed mineral mining area.
2. A warning or a fine
shall be imposed for failure to plant boundary markers at corner points of the
licensed mineral exploration area. To be specific:
a) A warning shall be
imposed on a household business for mining minerals used as common building
materials;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the mining license is
issued by the provincial People’s Committee, except for the case prescribed in
Point a of this Clause;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the mining license is
issued by the Ministry of Natural Resources and Environment.
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a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed if the 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 10,000,000 to VND 20,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
4. Fines shall be imposed
for extraction of minerals (other than river, stream and lake bed sand and
gravel) 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 0.1 hectare. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 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 70,000,000 to VND 100,000,000 if the mining is licensed by Ministry of
Natural Resources and Environment.
5. Fines shall be imposed
for extraction of minerals (other than river, stream and lake bed sand and
gravel) with a total extraction area exceeding the boundary of licensed mining
area from 0.5 hectare to under 01 hectare (by surface); from 02 m to under 03 m
(by depth or height) with an area of at least 0.1 hectare. To be specific:
a) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed on a household business for
exploring minerals used as common building materials;
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c) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed if the mining is licensed
by the Ministry of Natural Resources and Environment, except for the case
specified in Point d of this Clause;
d) A fine ranging from
VND 200,000,000 to VND 300,000,000 if minerals are gold, silver, platinum,
precious stones or toxic minerals which are extracted under the license issued
by Ministry of Natural Resources and Environment.
6. Fines shall be imposed
for extraction of minerals (other than river, stream and lake bed sand and
gravel) 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 0.1 hectare. To be specific:
a) A fine ranging from
VND 100,000,000 to VND 200,000,000 if the mining is licensed by the provincial
People’s Committee;
b) A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed if the mining is licensed
by the Ministry of Natural Resources and Environment, except for the case
specified in Point c of this Clause;
c) A fine ranging from
VND 300,000,000 to VND 500,000,000 if minerals are gold, silver, platinum,
precious stones or toxic minerals which are extracted under the license issued
by Ministry of Natural Resources and Environment.
7. If the act of mining
minerals (other than river, stream and lake bed sand and gravel) 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 0.1
hectare is considered the act of mining minerals without obtaining the mining
license from a competent authority, the corresponding maximum fines prescribed
in Article 47 hereof shall be imposed.
8. Fines shall be imposed
for extracting river, stream or lake bed sand or gravel with a total extraction
area exceeding the boundary of licensed mining area (by surface) or exceeding
the permissible depth. To be specific:
a) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for extracting sand or gravel
with a total extraction area exceeding the nearest point of the boundary of the
licensed mining area up to under 100 m (by surface) or up to under 02 m (by
depth);
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c) If the act of
extracting sand or gravel with a total extraction area exceeding the nearest
point of the boundary of the licensed mining area at least 200 m (by surface)
or at least 05 m (by depth) is considered the act of extracting sand or gravel
without obtaining the mining license from a competent authority, the
corresponding maximum fines prescribed in Point e Clause 1 and Point e Clause 2
Article 48 hereof shall be imposed.
9. Additional penalties:
Suspend the mining
license in case of re-commission of violations: For from 03 to less than 06
months if any of the violations mentioned in Clause 4 is committed, for from 06
to less than 09 months if any of the violations mentioned in Clause 5 and Point
a Clause 8 is committed, for 09 – 12 months if any of the violations mentioned
in Clause 6 and Point b Clause 8 is committed and for 12 - 15 months if any of
the violations mentioned in Clause 7 and Point c Clause 8 of this Article is
committed.
10. Remedial measures:
The violator is compelled
to:
a) improve and remediate
the environment; adopt measures to bring the extraction area beyond the
licensed mining area to safe state. In case of extraction of sand and gravel
from river, stream or lake beds, compensate for and pay the costs of repairing
damage caused by the violations to dams, other technical infrastructures or
civil constructions;
b) return illegal
benefits obtained from the administrative violations prescribed in Clauses 3,
4, 5, 6, 7 and 8 of this Article;
c) pay the costs of
expert examination, verification and measurement if any of the violations
mentioned in Clauses 3, 4, 5, 6, 7 and 8 of this Article is committed.
Article
38. Violations against regulations on mine design
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a) A warning shall be
imposed on a household business for mining minerals used as common building
materials;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the mining license is issued
by the provincial People’s Committee, except for the case prescribed in Point a
of this Clause;
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the mining license is issued
by the Ministry of Natural Resources and Environment.
2. A warning or fine
shall be imposed for failure to submit the approved mine design to the mineral
authority. To be specific:
a) A warning shall be
imposed on a household business for mining minerals used as common building
materials;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the mining license is
issued by the provincial People’s Committee, except for the case prescribed in
Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the mining license is
issued by the Ministry of Natural Resources and Environment.
3. Fines shall be imposed
for any of the following violations: Failure 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; 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; failure to mine minerals
within mining time frame or in quantity or with 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 5,000,000 to VND 10,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
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c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives;
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, except for the cases prescribed in Points a,
b, c and e of this Clause;
dd) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining minerals by
employing underground mining methods, except for the cases prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
4. Fines shall be imposed
for mining minerals without formulating a mine design as prescribed. To be
specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for 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 peat or minerals
which are used as common building materials by using industrial explosives,
except for the case specified in Point a of this Clause;
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, except for the cases prescribed in Points a,
b, c and e of this Clause;
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e) A fine ranging from VND
300,000,000 to VND 500,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
5. Additional penalties:
Suspend the mining for 03
- 06 months if any of the violations prescribed in Clauses 3 and 4 of this
Article is re-committed.
6. Remedial measures:
The violator is compelled
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; the parameters
of a mining system, including bench height and bench face angle; dump waste at
the location specified in the approved mine design/economic and technical
report; mine minerals within mining time frame or in quantity or with mining
equipment specified in the license (regarding river, stream and lake bed sand
and gravel if the violation prescribed in Clause 3 of this Article is
committed.
Article
39. Violations against regulations on mine executive director
1. Fines shall be imposed
for any of the violations against regulations on mine executive director,
except for artisanal mining or mining of mineral water. To be specific:
a) A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed for failure to send written
notification of professional qualification of the mine executive director to
the licensing authority;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on an individual who possesses
two valid executive manager contracts or more at the same time or for
appointing a person as a mine executive director to manage mineral mining (at
the same time) for two mining licenses or more.
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a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives, except for
the case specified in Point a of this Clause; mining peat;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mining is licensed by
the provincial People’s Committee, except for the cases prescribed in Points a
and b of this Clause;
dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment, except for the case
specified in Point e of this Clause;
e) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
3. Fines shall be imposed
for mining minerals without a mine executive director. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
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d) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining minerals by
employing open-pit mining methods, except for the cases prescribed in Points a,
b, c and e of this Clause;
dd) A fine ranging from
VND 120,000,000 to VND 150,000,000 shall be imposed for mining minerals by
employing underground mining methods, except for the cases prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from
VND 160,000,000 to VND 200,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
4. Additional penalties:
a) Suspend the mining for
01 - 03 months if any of the violations prescribed in Points a and b Clause 3
of this Article is re-committed.
b) Suspend the mining for
03 - 06 months if any of the violations prescribed in Points c, d and dd and
Point e Clause 3 of this Article is re-committed.
Article
40. Violations against regulations on development of status quo maps and
cross-section drawings of status quo of licensed mining areas; producing
statistics and stocktaking of mined mineral reserves and mineral production
1. A warning shall be
imposed for failure to install cameras in warehouses and places where crude
minerals are moved from mines to serve storage of relevant information.
2. A warning or fine
shall be imposed for failure to install weigh station and camera system in a
warehouse or 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 river,
stream or lake bed sand and gravel). To be specific:
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b) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for mining minerals which are
used as common building materials without using industrial explosives, except
for the case specified in Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives, except for
the case specified in Point a of this Clause;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining minerals by
employing open-pit mining methods, except for the cases prescribed in Points a,
b, c and e of this Clause;
dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining minerals by
employing underground mining methods, except for the cases prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining toxic minerals.
3. Fines shall be imposed
for failure to sufficiently manage and retain mine status quo map and
cross-section drawing of the licensed mining area as prescribed by law. To be
specific:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives, except for
the case specified in Point a of this Clause;
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dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining minerals by employing
underground mining methods, except for the cases prescribed in Points a, b, c
and e of this Clause;
e) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining toxic minerals.
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 mining of river, stream, lake or sea bed
sand and gravel or 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:
a) A warning shall be
imposed on a household business for mining minerals used as common building
materials;
b) A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for mining peat or minerals which
are used as common building materials without using industrial explosives,
except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives, except for
the case specified in Point a of this Clause;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining minerals by
employing open-pit mining methods, except for the cases prescribed in Points a,
b, c and e of this Clause;
dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining minerals by
employing underground mining methods, except for the cases prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from
VND 120,000,000 to VND 150,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
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a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for mining
minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining minerals which are
used as common building materials by using industrial explosives, except for
the case specified in Point a of this Clause;
d) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining minerals by
employing open-pit mining methods, except for the cases prescribed in Points a,
b, c and e of this Clause;
dd) A fine ranging from
VND 100,000,000 to VND 150,000,000 shall be imposed for mining minerals by
employing underground mining methods, except for the cases prescribed in Points
a, b, c and e of this Clause;
e) A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
6. Fines shall be imposed
for failure to send or sending statistical/stocktaking results of the remaining
mineral reserves in the licensed mining area to the provincial Department of
Natural Resources and Environment if the mining license is issued by the
provincial People’s Committee or to the General Department of Geology and
Minerals of Vietnam if the mining license is issued by the Ministry of Natural
Resources and Environment 30 days after the deadline, which is the last day of
the periodic reporting period; failure to retain or insufficiently and
incorrectly retaining statistical figures and documents for determining actual
mineral production. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the mining license is issued
by the provincial People’s Committee, except for the case prescribed in Point a
of this Clause;
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7. Fines shall be imposed
for preparing a statistical report or stocktaking report on remaining mineral
reserves in the licensed mining area which fails to sufficiently contain
information in the form promulgated by the Ministry of Natural Resources and
Environment. To be specific:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the 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 10,000,000 to VND 20,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
8. Fines shall be imposed
for failure to produce statistics and carry out stocktaking of the remaining
mineral minerals in the licensed mining area; failure to produce statistics or
calculate monthly actual mineral production; failure to prepare relevant books
and documents to determine the annual actual mineral production. To be
specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 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 70,000,000 to VND 100,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
9. Additional penalties:
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10. Remedial measures:
The violator is compelled
to pay the costs of expert examination, verification and measurement if any of
the violations mentioned in Clauses 3, 4 and 5 of this Article is committed.
Article
41. Violations against regulations on permissible mining capacity
1. A warning shall be
imposed for exceeding the annual permissible mining capacity specified in the
mining license by less than 15% upon mining.
2. A fine shall be
imposed for exceeding the annual permissible mining capacity specified in the
mining license by from 15% to less than 25% upon mining. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for 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 mineral water;
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) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for mining other types of
minerals, except for the cases prescribed in Points a, b, c, dd, e, g and h of
this Clause;
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e) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: magmatic,
metamorphic and sedimentary rocks with a monolithic recovery of ≥ 0.4 m3,
including granite, gabbro, marble, white limestone, white marble and ornamental
stones, fine art stones with monolithic recovery of ≥ 0.1 m3;
g) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: minerals used
as cement materials, including all types of stones used as cement raw
materials: cement limestone, cement clay, stones used as cement additives and
limestone, dolomite used as raw materials for production of industrial lime;
h) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for mining coal.
3. A fine shall be
imposed for exceeding the annual permissible mining capacity specified in the
mining license by from 25% to less than 50% upon mining. To be specific:
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 50,000,000 to VND 70,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for mining mineral water;
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) A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for mining other types of minerals,
except for the cases prescribed in Points a, b, c, dd, e, g and h of this
Clause;
dd) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed for mining gold, silver,
platinum or toxic minerals;
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g) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: minerals used
as cement materials, including all types of stones used as cement raw
materials: cement limestone, cement clay, stones used as cement additives and
limestone, dolomite used as raw materials for production of industrial lime;
h) A fine ranging from
VND 600,000,000 to VND 700,000,000 shall be imposed for mining coal.
4. A fine shall be
imposed for exceeding the annual permissible mining capacity specified in the
mining license by from 50% to less than 100% upon mining. To be specific:
a) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for 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 mineral water;
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) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed for mining other types of
minerals, except for the cases prescribed in Points a, b, c, dd, e, g and h of
this Clause;
dd) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals;
e) A fine ranging from
VND 600,000,000 to VND 700,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: magmatic,
metamorphic and sedimentary rocks with a monolithic recovery of ≥ 0.4 m3,
including granite, gabbro, marble, white limestone, white marble and ornamental
stones, fine art stones with monolithic recovery of ≥ 0.1 m3;
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h) A fine ranging from
VND 800,000,000 to VND 900,000,000 shall be imposed for mining coal.
5. A fine shall be
imposed for exceeding the annual permissible mining capacity specified in the
mining license by 100% or more upon mining. To be specific:
a) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for 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 mineral water;
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) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for mining other types of
minerals, except for the cases prescribed in Points a, b, c, dd, e, g and h of
this Clause;
dd) A fine ranging from
VND 600,000,000 to VND 700,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals;
e) A fine ranging from
VND 700,000,000 to VND 800,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: magmatic,
metamorphic and sedimentary rocks with a monolithic recovery of ≥ 0.4 m3,
including granite, gabbro, marble, white limestone, white marble and ornamental
stones, fine art stones with monolithic recovery of ≥ 0.1 m3;
g) A fine ranging from
VND 800,000,000 to VND 900,000,000 shall be imposed for mining the minerals
specified in Clause 5 Article 6 of the Decree No. 67/2019/ND-CP: minerals used
as cement materials, including all types of stones used as cement raw
materials: cement limestone, cement clay, stones used as cement additives and
limestone, dolomite used as raw materials for production of industrial lime;
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6. Additional penalties:
Suspend the mineral
exploration in case of re-commission of violations: for 01 - 02 months, 02 - 03
months, 03 - 04 months, 04 - 05 months and 05 – 06 months if any of the
violations prescribed in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of
this Article is committed respectively.
7. Remedial measures:
The violator is compelled
to:
a) adopt 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.
b) pay the costs of
expert examination, verification and measurement if any of the violations
mentioned in Clauses 1, 2, 3, 4 and 5 Clause 5 of this Article is committed.
Article
42. Violations against regulations on submission of applications for adjustment
to the mining license
Fines shall be imposed
for carrying out mining without submitting the application for adjustment
to the mining license as prescribed. To be specific:
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.
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Article
43. Violations against regulations on mining of minerals used as common
building materials which does not require mining license
1. A warning or fine
shall be imposed for failure to use minerals used as common building materials
mined from the area of land owned by a household or individual to build the
works of such household or individual:
a) A warning shall be
imposed if mined minerals are donated to another person;
b) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if mined minerals are sold to
another entity.
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to register the
mining area, capacity, volume, methods, equipment and plans with the People’s
Committee of the province where the mined minerals are available in case
minerals used as common building materials are mined from area of the land
reserved for the construction project approved or licensed by a competent
authority and used for the construction; or for obtaining sand and gravel from
the channel dredging and clearing project without registering the volume
dredged or amount of sand extracted with the People’s Committee of province
where channel dredging and clearing are carried out.
3. Fines shall be imposed
for mining minerals used as common building materials from area of the land reserved
for the construction project whose investment guidelines have been approved by
a competent authority but failure to use the mined minerals for the
construction without approval by an authority that has the power to issue the
mining license. To be specific:
a) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if mined minerals are used by
another entity or reserved for another project/work;
b) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed if mined minerals are sold
to another entity.
4. Remedial measures:
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Article
44. Violations against regulations on mining minerals that are not minerals
used as common building materials within scope of construction project
1. Fines shall be imposed
for mining minerals that are not the ones used as common building materials
within the scope (area, depth) of the construction project whose investment
guidelines have been approved by a competent authority without obtaining the
mining license from a competent authority. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if an application for the
mining license has been submitted to the licensing authority but the mining
license has not yet been issued;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to submit an
application for the mining license to the licensing authority as prescribed;
2. Additional penalties:
Confiscate all
cash-equivalent minerals obtained from the administrative violations in Clause
1 of this Article.
3. Remedial measures:
The violator is compelled
to pay the costs of expert examination, verification and measurement if any of
the violations mentioned in Clause 1 of this Article is committed.
Article
45. Violations against regulations on transfer of mining rights
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1. 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.
2. A fine ranging from
VND 120,000,000 to VND 150,000,000 shall be imposed if the mining of other
minerals is licensed by the provincial People’s Committee, except for the case
prescribed in Clause 1 of this Article.
3. A fine ranging from
VND 260,000,000 to VND 300,000,000 shall be imposed if the mining is licensed
by the Ministry of Natural Resources and Environment.
Article
43. Violations against regulations on obligations of a mining right auction
winner
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to submit an
application for the mining license to the licensing authority within 06 months
from the issuance date of the written certification of the mining right auction
result as prescribed.
2. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for failure to submit an
application for the mining license to the licensing authority within 12 months from
the issuance date of the written certification of the mining right auction
result as prescribed.
3. Fines shall be imposed
for transfer of the mining right auction result to another entity for
submitting the application for the mining license without obtaining a written
approval from the competent authority. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 30,000,000 if the mineral mining is licensed by the
provincial People’s Committee;
b) A fine ranging from
VND 260,000,000 to VND 300,000,000 if the mineral mining is licensed by
Ministry of Natural Resources and Environment.
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Article
47. Violations against regulations on mining of minerals (other than river,
stream or river sand and gravel) without obtaining a mining license from the
competent authority
1. Fines shall be imposed
for mining minerals used as common building materials without using industrial
explosives. To be specific:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if, at the time of discovering
the violation, the total volume of mined minerals is less than 10 m3;
b) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if, at the time of discovering
the violation, the total volume of mined minerals is from 10 m3 to
less than 20 m3;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 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 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 from 30 m3
to less than 40 m3;
dd) A fine ranging from
VND 30,000,000 to VND 40,000,000 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 40,000,000 to VND 50,000,000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is at least 50 m3.
2. Fines shall be imposed
for mining minerals which are used as common building materials by using
industrial explosives or mining other minerals, except for the cases specified
in Clause 1 and Clause 3 of this Article. To be specific:
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b) 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 Point
a of this Clause and Clause 3 of this Article;
c) A fine ranging from
VND 300,000,000 to VND 500,000,000 shall be imposed if the mining is licensed
by the Ministry of Natural Resources and Environment, except for the case
specified in Clause 3 of this Article.
3. Fines shall be imposed
for mining gold, silver, precious stones, platinum or toxic minerals. To be
specific:
a) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if the volume of mined crude
minerals is less than 100 tonnes;
b) A fine ranging from VND
100,000,000 to VND 200,000,000 shall be imposed if the volume of mined crude
minerals is from 100 tonnes to less than 200 tonnes;
c) A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed if the volume of mined
crude minerals is from 200 tonnes to less than 300 tonnes;
d) A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed if the volume of mined
crude minerals is from 300 tonnes to less than 400 tonnes;
dd) A fine ranging from
VND 700,000,000 to VND 800,000,000 shall be imposed if the volume of mined
crude minerals is from 400 tonnes to less than 500 tonnes;
e) A fine ranging from
VND 800,000,000 to VND 1,000,000,000 shall be imposed if the volume of mined
crude minerals is at least 500 tonnes.
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Confiscate all
cash-equivalent minerals; 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.
5. Remedial measures:
The violator is compelled
to:
a) adopt environmental
improvement and remediation measures within areas where the mining was carried
out; adopt measures to bring such areas to safe state.
b) pay the costs of expert
examination, verification and measurement if any of the violations mentioned in
Clauses 1, 2 and 3 of this Article is committed.
The maximum fines for the
violations specified in Clauses 1, 2 and 3 of this Article shall be imposed for
mining minerals without mining license within areas where the mining is
prohibited or temporarily prohibited. Additional penalties are the same for
those specified in Clause 4 of this Article.
Article
48. Violations against regulations on mining of river, stream and lake
sand and gravel without obtaining a mining license from the competent authority
1. Fines shall be imposed
for mining sand and gravel within the safety perimeters of irrigation works;
safety corridors of channels; safety perimeters of channels or inland waterway
infrastructure works without obtaining the mining license from a 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;
dd) 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. Fines shall be imposed
for mining sand and gravel outside the safety perimeters of irrigation works;
safety corridors of channels; safety perimeters of channels or inland waterway
infrastructure works without obtaining the mining license from a competent
authority. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if, at the time of
discovering the violation, the total volume of mined minerals is less than 10 m3;
b) 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 from 10 m3
to less than 20 m3;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 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;
dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 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;
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e) 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 at least 50 m3.
3. Additional penalties:
Confiscate all
cash-equivalent minerals; confiscate instrumentalities used for commission of
violations if any of the violations prescribed in Clauses 1 and Clause 2 of
this Article is committed.
4. Remedial measures:
The violator is compelled
to:
a) improve and remediate
the environment; adopt measures to bring areas where the mining was carried out
to safe state; compensate for and pay the costs of repairing damage caused by
the violations to dykes, other technical infrastructural constructions and
civil constructions;
b) pay the costs of
expert examination, verification and measurement if any of the violations
mentioned in Clauses 1 and 2 of this Article is committed.
The maximum fines for the
violations specified in Clause 1 of this Article shall be imposed for mining
minerals without mining license within areas where the mining is prohibited or
temporarily prohibited. Additional penalties are the same for those specified
in Clause 3 of this Article.
Article
49. Violations against regulations on mine closure
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a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 40,000,000 to VND 60,000,000 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 60,000,000 to VND 80,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
2. Fines shall be imposed
for failure to perform volume of work items, implement 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. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 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 70,000,000 to VND 100,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
3. Fines shall be imposed
for failure to set up mine closure projects in the cases prescribed in Article
73 of the Law on Minerals. To be specific:
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;
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c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed if the mining is licensed by
the Ministry of Natural Resources and Environment.
4. Fines shall be imposed
for failure to submit an application for mine closure to the competent
authority as prescribed 12 months or more after the expiry date of the mining
license. To be specific:
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.
5. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for dismantling or
destruction of structures or equipment used to protect the mine safety or
surrounding environment when the mineral extraction license expires.
6. Remedial measures:
The violator is compelled
to sufficiently implement 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 if any of the violations mentioned in Clauses 1 and 2 of
this Article is committed;
Article
50. Violations against regulations on legitimate interests of local authorities
and people in mining areas
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2. A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for failure to perform
volume of road construction and upgradation items to serve mining activities as
defined in the approved mining project or mine design.
3. Remedial measures:
The violator is compelled
to perform adequate volume of road construction and upgradation items if any of
the violations mentioned in this Article is committed.
Article
51. Violations against regulations on use of minerals-related information
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for using results of
state-invested geological surveys of minerals or mineral exploration results
which are not provided by the competent authority to set up mineral exploration
or mining projects.
2. A fine ranging from
VND 50,000,000 to VND 100,000,000 shall be imposed on an entity that is mining
minerals for sufficiently reimbursing or failure to 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).
3. Additional penalties:
Suspend the mining for 03
- 06 months if any of the violations prescribed in Clause 2 of this Article is
committed.
4. Remedial measures:
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Article
52. Violations against other regulations on mining
1. A warning shall be
imposed for failure to report all types of minerals discovered in the area
where the mineral survey, assessment or exploration is conducted to the
licensing authority.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to report types of
discovered in the area where the mineral survey, assessment or exploration is
conducted to the licensing authority.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to submit a
written report on new types of minerals discovered in course of mining to the
licensing authority;
b) Keeping mining or
using accompanied minerals or types of minerals newly discovered in course of
mining, including minerals that are soil and rocks at the mine waste dump or
using the licensed reserves without submitting an application for permission to
the competent authority or without the competent authority’s permission;
c) Using minerals for the
purposes other than those specified in the mining license without obtaining
permission from the licensing authority;
d) Failure to implement
or insufficiently implementing remedial measures at the request of the
competent authority for reasons other than force majeure events by the deadline
specified in the inspection report (except for the cases where the license has
to be revoked or invalidated in accordance with the Law on Minerals).
4. In case of failure to
incur or insufficiently incurring penalties as specified in the decision on
penalty imposition at least 30 days after the date on which the competent
authority's notification is sent, in addition to incurring fines in accordance
with regulations of the Law on Tax Administration, the violating entity has the
mining suspended for at least 01 month until all penalties specified in the
decision on penalty imposition have been incurred but for no more than 12
months (except for the case where the mining or mining license has been
suspended).
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a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for mining peat or minerals
which are used as common building materials without using industrial
explosives, except for the case specified in Point a of this Clause;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for mining mineral water;
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 Points a and b of this Clause;
d) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for mining other types of
minerals, except for the cases prescribed in Points a, b, c and dd of this
Clause;
dd) A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for mining gold, silver,
precious stones, platinum or toxic minerals.
6. Additional penalties:
Suspend the mining for 03
- 06 months if the violation in Point c Clause 3 of this Article is committed.
Article
53. Violations against regulations on geological baseline surveys of minerals
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to register the
geological baseline survey of minerals with a mineral authority as prescribed
by law before conducting it.
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a) Taking technological
samples in excess of licensed volume;
b) Failure to level the
opening works: trenches or boreholes; failure to seal furnace door after the
construction is done according to the design;
c) Failure to seal the
borehole with the materials stated in the project approved by the competent
authority.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Revealing geological
information and minerals-related information in course of conducting a
geological baseline survey of minerals;
b) Failure to implement
environmental protection solutions as prescribed in the project approved by the
competent authority;
c) Failure to submit a
report on geological baseline survey of minerals and geological specimens to
the mineral authority within 30 days;
d) Failure to obtain the
written approval from a competent authority when conducting the geological
baseline survey of minerals.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
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b) Failure to submit a
report on geological baseline survey of minerals and geological specimens to
the mineral authority as prescribed.
Article
54. Violations against other regulations on mineral management
1. Fines shall be imposed
for taking advantage of exploration activities for mining purposes. To be
specific:
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 100,000,000 shall be imposed if the mineral exploration
is licensed by the provincial People’s Committee, except for the cases
prescribed in Points a and d of this Clause;
c) A fine ranging from
VND 120,000,000 to VND 200,000,000 shall be imposed if the mineral exploration
is licensed by the Ministry of Natural Resources and Environment, except for
the case specified in Point d of this Clause;
dd) A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed for mining precious stones,
gold, silver or platinum.
2. A warning or fine
shall be imposed for exceeding the limits on loss of minerals prescribed in the
approved mining project or the approved mine design upon mining. To be
specific:
a) A warning shall be
imposed for exceeding the limits on loss of minerals by less than 5%;
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c) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed for exceeding the limits on
loss of minerals by at least 10%.
3. Fines shall be imposed
for any of the following violations: Failure to sufficiently provide documents,
books and records to determine the actually mined mineral production, produce
statistics and carry out stocktakes of annually mined mineral reserves;
enumerate actually mined mineral production of the reporting period, total
production or reserves of mined minerals or remaining mineral reserves
specified in the periodic report which are 10% less than actually mined mineral
production specified in the severance tax payment records; aggregate figures
through the weigh station; determine actually mined mineral production using
the status quo maps and cross-section drawings of status quo; failure to store
or protect unused mined minerals or minerals at waste dumps or accompanied
minerals which are not yet collected in course of mining. To be specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on a household business for
mining minerals used as common building materials;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the mining license is
issued by the provincial People’s Committee, except for the case prescribed in
Point a of this Clause;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the mining license is
issued by the Ministry of Natural Resources and Environment.
4. A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for failure to collect
accompanied minerals defined in the mining project or licensed for mining as
prescribed in the mining license.
5. Additional penalties:
a) Confiscate all
cash-equivalent exhibits if any of the violations prescribed in Clause 1 of
this Article is committed;
b) Suspend the mining
license for 06 - 12 months if any of the violations prescribed in Points b, c
and d Clause 1 of this Article is re-committed;
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Section
2. VIOLATIONS AGAINST REGULATIONS ON TECHNICAL SAFETY UPON MINING
Article
55. Violations against regulations on preparation of technical safety documents
and technical instructions
1. Fines shall be imposed
for incorrectly or insufficiently preparing or failure to prepare technical
safety documents upon mining as prescribed. To be specific:
a) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for incorrectly or
insufficiently preparing technical safety documents upon mining;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to prepare
technical safety documents upon mining.
2. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to carry out
construction using the technical instructions or the approved construction
methods.
Article
56. Violations against regulations on use of mining technologies or means of
transport
1. Fines shall be imposed
for use of mining systems, new construction technologies, advanced mining systems
or construction technologies, or new materials which are used in a mine for the
first time. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for producing a design
without approval by a competent authority;
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2. Fines shall be imposed
for violations against regulations on design and manufacturing of means of
transport; new means of transport and those imported from foreign countries to
be used at pits and diesel-powered means of transport. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for producing a design
without approval by a competent authority or violations against regulations on
technical safety during use of means of transport;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for putting them into
operation before obtaining the approval from the competent authority.
3. Fines shall be imposed
for violations against regulations on equipment, machinery and vehicles used in
a minerals preparation plant. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for incorrectly or
insufficiently prepare documents intended for management of equipment,
machinery and vehicles;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to prepare
documents intended for management of equipment, machinery and vehicles;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for violations against
regulations on technical safety in course of operation, maintenance or repair
of equipment, machinery and vehicles.
4. Fines shall be imposed
for putting potentially unsafe machinery, equipment and chemicals on the List
of category 2 commodities; or machinery, equipment and materials subject to
occupational safety requirements into operation when the satisfaction of
technical safety conditions has not yet been inspected or verified or failure
to prepare equipment management documents as prescribed. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for equipping or using
personal self-rescue devices against regulations;
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c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to conduct
inspections of technical safety or failure to prepare equipment management
documents.
5. Additional penalties:
Suspend the mining for 01
- 03 months if the violation in Point b Clause 4 of this Article is committed.
Article
57. Violations against regulations on methane-based classification of mines,
mine ventilation, drainage and mine water irruption prevention
1. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to submit an
application for methane-based classification of mines to the competent
authority as prescribed.
2. Fines shall be imposed
for violations against regulations on mine ventilation. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on ventilation of blind drifts, mirrors and mine air control;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for violations against
regulations on installation and operation of ventilation works and local
ventilation fans;
c) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to provide
sufficient wind rate and wind speed as requested to production locations;
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3. Fines shall be imposed
for violations against regulations on mine drainage and mine water irruption
prevention. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on safety of pumping stations serving drainage;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the violations against
technical safety regulations on prevention of mine water irruption, including:
Failure to formulate an exploratory drilling plan for water irruption
prevention or plan to carry out exploratory drilling in front of excavating
face; failure to work out methods of exploratory drilling for water irruption
prevention or methods of carrying out exploratory drilling in front of
excavating face; failure to carry out construction using the approved methods.
4. Additional penalties:
Suspend the mining for 01
- 03 months if any of the violations prescribed in Clause 1, Point d Clause 2
and Point b Clause 3 of this Article is committed.
Article
58. Violations against regulations on mining power supply
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on power leakage prevention and regulations on protection of
intensity of power supply network and electrical equipment.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on technical safety during the process of using electric cables,
electric engines, electric equipment and electrical substations.
3. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to formulate or
incorrectly drawing power supply diagrams for the entire mine and production
areas, or the grounding diagram for the entire mine as prescribed.
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Article
59. Violations against regulations on preparation of materials; loading,
unloading and transport of materials in minerals preparation plants
1. Fines shall be imposed
for violations against regulations on preparation of materials. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on design and installation of protective structures intended for
preventing objects from flying out of breakers or crushers causing danger to
people;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for violating procedures or
regulations operation, maintenance and repair of breakers and crushers;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to work out
solutions for removal of explosive dust generated from the ore crushing and
breaking.
2. Fines shall be imposed
for violations against regulations on loading, unloading and transport of
materials. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violating regulations or
procedures for loading, unloading and transport of materials;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to inspect or
failure to comply with regulations on inspection of corrosion of pipelines used
to transport materials;
c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for violating regulations on
technical safety in course of building and operating winches.
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1. Fines shall be imposed
for violations against regulations on storage and use of flotation reagents. To
be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for violations against
regulations on equipment construction or installation in reagent preparation
and storage areas;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for violations against
regulations on technical safety applied to persons working in reagent
preparation and storage areas.
2. Fines shall be imposed
for violations against other regulations on technical safety in minerals
warehouses, waste dumps and tailings ponds. To be specific:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to insufficiently
report information and data on tailings dams to the competent authority or
reporting them within the prescribed time limit;
b) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for failure to report information
and data on tailings dams to the competent authority; failure to work out
measures for fire fighting and prevention in self-ignited minerals warehouses;
c) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed violations against
regulations on construction and operation of tailings ponds;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to work out
measures for fire fighting and prevention for dry waste dumps where
self-ignited minerals are stored; or failure to work out measures for coping
with breach or cracks in embankments of waste dumps or tailings ponds.
3. Additional penalties:
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Article
61. Violations against regulations on mining safety record preparation and
safety management as prescribed
1. Fines shall be imposed
for any of the violations against regulations on preparation of mining safety
management records as prescribed, including: occupational safety and health
plans; assessment of occupational safety and health risks; emergency response
plans. To be specific:
a) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for incorrectly or
insufficiently preparing required safety management records;
b) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to prepare safety
management records.
2. Fines shall be imposed
for violations against regulations on mining safety management. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to make
regulations on occupational safety and health management or failure to
establish a hierarchy of occupational safety health management;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to formulate
either safety procedure or internal safety regulations.
3. Fines shall be imposed
for violations against regulations on organization of safety work. To be
specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for conducting shift
handovers and receiving production orders at the beginning of each working
shift against regulations
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c) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to inspect
technical safety at the working place or technical safety of machinery and
equipment before its operation or failure to promptly handle safety threats.
4. Fines shall be imposed
for violations against regulations on daily orders, orders of a shift and
production shift handover. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for incorrectly or
insufficiently recording daily orders or orders of the shift, or incorrectly or
insufficiently conducting shift handovers;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to record
measures for coping with safety threats discovered before or during the working
shift in of production orders of the day.
Article
62. Violations against regulations on technical safety inspection and
monitoring upon mining
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed failure to make regulations
or make insufficient regulations on delegation of responsibility for technical
safety inspection and monitoring to the management, including Director, Deputy
Directors, Department Managers, Foremen, Deputy Shift Foremen or equivalent.
2. Fines shall be imposed
for failure to perform the inspection and monitoring of technical safety as
prescribed by law. To be specific:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on the doorkeeper at entrance
to the mine for his/her failure to inspect persons who bring flammable or
combustible substances and ignition sources into the mine;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed on the shift leader or the
holder of equivalent position for failure to carry out technical safety
inspections;
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d) A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed on director and deputy
directors for his/her failure to conduct technical safety inspections or
insufficiently conducting technical safety.
Chapter
IV
POWER AND
DISTRIBUTION OF POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND
REMEDIAL MEASURES AGAINST ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
WATER RESOURCES AND MINERALS
1. Natural resources and
environment inspectors and persons who are assigned to conduct natural
resources and environment inspections in the performance of their duties are
entitled to impose penalties for the violations specified in Chapters II and
III hereof. To be specific:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which value does not exceed VND 500,000;
d) Enforce the remedial
measures mentioned in Points a, b, dd, g, h and m Clause 3 Article 4 hereof.
2. Chief Inspectors of
provincial Departments of Natural Resources and Environment, chiefs of
inspectorates established by Directors or Chief Inspectors of provincial
Departments of Natural Resources and Environment are entitled to impose
penalties for the violations specified in Chapters II and III hereof. To be
specific:
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b) Impose a maximum fine
of VND 50,000,000;
c) Suspend licenses,
practicing certificates, or suspend the operation;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 50,000,000;
dd) Enforce the remedial
measures mentioned in this Decree.
3. Chiefs of
inspectorates established by the General Director of the General Department of
Geology and Minerals of Vietnam are entitled to impose the violations specified
in Chapter III hereof. To be specific:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000;
c) Suspend licenses,
practicing certificates, or suspend the operation;
d) Confiscate the exhibits
and instrumentalities used for administrative violation commission, the value
of which does not exceed VND 50,000,000;
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4. Chiefs of inspectorates
established by the Minister of Natural Resources and Environment or Chief
Inspector of the Ministry of Natural Resources and Environment are entitled to
impose penalties for the violations specified in Chapters II and III hereof. To
be specific:
a) Issue warnings;
b) Impose a maximum fine
of VND 175,000,000 for administrative violations against regulations on water
resources; VND 250,000,000 for administrative violations against regulations on
minerals;
c) Suspend licenses,
practicing certificates, or suspend the operation;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
dd) Enforce the remedial
measures mentioned in this Decree.
5. The Chief Inspector of
the Ministry of Natural Resources and Environment is entitled to impose
penalties for administrative violations against regulations water resources and
minerals specified in Chapters II and III hereof, the General Director of the
General Department of Geology and Minerals of Vietnam is entitled to impose
penalties for administrative violations against regulations minerals specified
in Chapter III hereof. To be specific:
a) Issue warnings;
b) Impose a maximum fine
of VND 1,000,000,000;
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d) Confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) Enforce the remedial
measures mentioned in this Decree.
Article
64. Power of Presidents of People’s Committees at all levels
Presidents of People’s
Committees of provinces are entitled to impose penalties for the violations
specified in Chapters II and III hereof. To be specific:
1. Presidents of communal
People’s Committees are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 5,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 5,000,000;
d) enforce the remedial
measures mentioned in Points a, b, c, dd, g, h, k, m and o Clause 3 Article 4
hereof.
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a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend licenses,
practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 50,000,000;
dd) enforce the remedial
measures mentioned in this Decree.
3. Presidents of
provincial People’s Committees are entitled to:
a) issue warnings;
b) impose a fine up to
the maximum fine specified in Clause 1 Article 4 hereof;
c) suspend licenses,
practicing certificates, or suspend the operation;
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dd) enforce the remedial
measures mentioned in this Decree.
Article
65. Power of industry and trade inspectors
Industry and trade
inspectors are entitled to impose penalties for the violations specified in
Articles 36, 38 and 39 and Section 2 Chapter III hereof. To be specific:
1. Industry and trade
inspectors and the persons assigned as industry and trade inspectors in the
performance of their duties are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000;
c) enforce the remedial
measures mentioned in Clause 6 Article 38 hereof.
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 or Directors or Chief Inspectors of provincial Departments of Industry
and Trade shall are entitled to:
a) issue warnings;
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c) suspend mining
activities as prescribed in this Decree;
d) enforce the remedial
measures mentioned in Clause 6 Article 38 hereof.
3. Chiefs of
inspectorates established by the Minister of Industry and Trade or Chief
Inspector of the Minister of Industry and Trade are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 250,000,000;
c) suspend mining
activities as prescribed in this Decree;
d) enforce the remedial
measures mentioned in Clause 6 Article 38 hereof.
4. The Chief Inspector of
the Ministry of Industry and Trade and the Director of Industrial Safety
Techniques and Environment Agency are entitled to:
a) issue warnings;
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c) suspend licenses,
practicing certificates, or suspend the operation;
d) enforce the remedial
measures mentioned in Clause 6 Article 38 hereof.
Article
66. Power of People's Public Security Force
The People’s Public
Security Force is entitled to impose penalties for the violations specified in Articles
8, 9, 10, 20, 21, 24, 25, 26, 27, 32, 33, 34, 35, 36, 37, 38, 39, 41, 43, 44,
45, 47, 48 and 54 hereof. To be specific:
1. People’s police
officers on duty are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000;
2. Senior officers of the
persons mentioned in Clause 1 of this Article are entitled to:
a) issue warnings;
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3. Chief of police
stations of communes, chiefs of police stations at border checkpoints and
export-processing zones are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 2,500,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the remedial
measures mentioned in Points a, b, dd, g, h and m Clause 3 Article 4 hereof.
4. Chiefs of police
stations of districts, chiefs of Traffic Police Divisions, chiefs of Internal
Waterways Police Divisions, chiefs of Environmental Police Divisions; chiefs of
Corruption, Economy and Smuggling-related Crime Investigation Divisions; chiefs
of Economic Security Divisions are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) suspend licenses,
practicing certificates, or suspend the operation;
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dd) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
5. Directors of
provincial police authorities are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend licenses,
practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 50,000,000;
dd) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
6. Director of
Environmental Police Department; Director of Corruption, Economy and
Smuggling-related Crime Investigation Department; Director of Economic Security
Department; Director of Traffic Police Department are entitled to:
a) issue warnings;
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c) suspend licenses,
practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
67. Power of the Border Guard
The Border Guard is entitled
to impose penalties for the violations specified in Articles 88, 9, 10, 20, 21,
24, 26, 27, 32, 34, 35, 37, 45, 47, 48 and Article 54 hereof in border regions
under its management. To be specific:
1. The Border Guard
officers on duty are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 500,000;
2. Senior officers of the
persons mentioned in Clause 1 of this Article are entitled to:
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b) impose a maximum fine
of VND 2,500,000;
3. Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 25,000,000;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
4. Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to the
Border Guard High Command are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 1,000,000,000;
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d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
68. Power of the Coast Guard
The Coast Guard is
entitled to impose penalties for the violations specified in Articles 8, 9, 10,
12, 20, 21, 23, 24, 27, 29, 31, 34, 35, 36, 38, 39, 40, 45, 47, 48, 49 and 54
in regions under its management. To be specific:
1. Coastguard officers on
duty are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 1,500,000;
2. Coastguard team
leaders are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 5,000,000;
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a) issue warnings;
b) impose a maximum fine
of VND 10,000,000;
d) enforce the remedial
measures mentioned in Points a, b, dd, g, h and m Clause 3 Article 4 hereof.
4. Commanders of coastguard
platoons are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 25,000,000;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
5. Commanders in chief of
coastguard squadrons are entitled to:
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b) impose a maximum fine
of VND 50,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 50,000,000;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
6. Commanders of regional
coastguard command centers are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 100,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed VND 100,000,000;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
7. Commander of the Coast
Guard is entitled to:
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b) impose a maximum fine
of VND 1,000,000,000;
c) suspend licenses,
practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
69. The power to record administrative violations
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 and Government’s Decree on guidelines for
implementation of the Law on Penalties for Administrative Violations.
2. The persons below are
entitled to make records the administrative violations specified in Chapters II
and III hereof:
a) Persons on duty that
have the power to impose penalties for administrative violations against
regulations on water resources and minerals;
b) Inspection officials
on duty of the Ministry of Natural Resources and Environment, Department of
Water Resources Management, General Department of Geology and Minerals of
Vietnam, provincial Departments of Natural Resources and Environment and
district-level Departments of Natural Resources and Environment affiliated to
district-level People’s Committees.
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4. Only one record is
made for an administrative violation.
If the violating entity
whose administrative violation has been recorded fails to terminate acts of
violation upon the order of the person having power to impose administrative
penalty as prescribed, the person having power to impose administrative penalty
shall, when making decision on imposition of penalty for such violation, apply
aggravating circumstances as prescribed in Point i Clause 1 Article 10 of the
Law on Penalties for Administrative Violations.
5. If an entity commits
multiple acts of violation in the same case of violation or repeats acts of
violation, all acts of violation or times of committing violation must be
recorded in the administrative violation records.
Article
70. Suspension of licenses, practicing certificates and operation;
1. Licenses, practicing
certificates or operation shall be suspended in compliance with regulations
laid down in Chapter II and Chapter III herein.
2. The duration of
suspension of a license or practicing certificate or operation as a penalty for
a violation specified in this Decree is the average level of the bracket. The
minimum level shall apply if there is a mitigating factor; the maximum level
shall apply if there is an aggravating factor.
3. Beginning date of the
suspension period:
a) The suspension period
shall begin on the effective date of the decision on penalty imposition if the
person imposing the penalty is able to confiscate the violator’s license or
practicing certificate on such day;
b) If the person imposing
the penalty is not able to confiscate the violator’s license or practicing
certificate when the decision on penalty imposition is issued, the decision
must specify that the beginning date of the suspension period is the day on
which the violator submits the license or practicing certificate to the person
imposing the penalty;
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4. During the suspension
period, if the violator still keeps doing the activities in the license or
practicing certificate, such violator shall incur a penalty for operating
without a license or practicing certificate.
5. During the suspension
period, the Department of Natural Resources and Environment of the province or
People’s Committee of the commune where water resources and minerals activities
are conducted shall supervise compliance with suspension decision by violating
entities.
Chapter
V
IMPLEMENTATION
CLAUSE
Article
71. Effect
1. This Decree comes into
force from May 10, 2020.
2. This Decree replaces
the Government’s Decree No. 33/2017/ND-CP dated April 03, 2017.
Article
72. Transitional clauses
1. Regarding the
administrative violations committed before this Decree takes effect and
discovered afterwards, the regulations herein that are advantageous to the
organizations and individuals at fault shall apply.
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Article
73. Implementary organization and responsibility for implementation
1. The Minister of
Natural Resources and Environment shall provide guidance and organize the
implementation of this Decree.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies and Presidents of People’s
Committees of provinces and central-affiliated cities are responsible for the
implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc