THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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|
No.
34/2005/ND-CP
|
Hanoi,
March 17, 2005
|
DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS
OF WATER RESOURCES MANAGEMENT REGULATIONS
THE GOVERNMENT
Pursuant to the Law on the
Government Organization dated 25 December 2001;
Pursuant to the Law on Water Resources dated 20 May 1998;
Pursuant to the Resolution 02/2002/QH11 Listing Ministries and Ministerial
level Agencies of the Government of the first session of the XI National
Assembly of the Socialist Republic of Vietnam dated August 5, 2002
Pursuant to the Ordinance on Handling of Administrative Violations dated 2 July
2002; and,
At the request of the Minister of Natural Resources and Environment,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation
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2. Any act by an individual or
organization, whether deliberate or not, which violates the principles of state
management of water resources management regulations, shall be subject to
administrative sanctions in accordance with the Ordinance on Handling of
Administrative Violations and this Decree, provided that the act is not serious
enough to be examined for criminal liability as stipulated by law.
3. Administrative violations of
water resources management regulations subject to this Decree are:
a. Violations of regulations on
water resources protection;
b. Violations of regulations on
water resources exploration, exploitation, utilization and discharge of waste
water into the water sources;
c. Violations of regulations on
collection, management, dissemination, and use of water resource data and
information, and;
d. other violations of water
resources regulations.
4. Other administrative
violations of water resources management regulations established by other decrees
of the Government (all hereunder called related decrees) shall be sanctioned in
accordance with regulations provided in those decrees.
Article 2.
Subject of Regulation
1. Domestic individuals and
organizations as well as foreign individuals and organizations (hereafter
referred to as individuals and organizations) who commit administrative
violations of water resources management regulations within the territory of
Vietnam shall be subject to this Decree and other related decrees.
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3. Individuals who are juveniles
and commit violations of regulations on water resources shall be sanctioned in
accordance with the regulations provided for in Article 7 of the Ordinance on
Handling of Administrative Violations.
4. Government officials and
employees who commit violations of regulations on water resources when carrying
out their water resource management duties in shall not be subject to sanctions
provided for in this Decree but to those regulated in Item 2, Article 7 of the
Ordinance on State Employees.
Article 3.
Principles for Handling of Administrative Violations of Water Resource
Regulations
1. Any administrative violation
of water resources regulations must be promptly detected and
immediately stopped.
The sanction must be applied in
a timely, transparent and strict manner; all consequences caused by
administrative violations must be handled promptly in accordance with this
Decree and other related regulations.
2. An organization or individual
shall only be subject to sanctions for administrative violations of water
resources management regulations when committing violations of regulations
provided in this Decree
3. Handling of administrative
violations on water resource management regulations must be done by authorized
persons as provided for in Articles 17, 18, 19 and 20 of this Decree.
4. Each administrative violation
of water resources management regulations shall be sanctioned only once.
If many individuals/
organizations commit the same administrative violation of water resources
regulations, each of them shall be sanctioned.
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5. Sanctions shall not be
applicable for administrative violations of water resources management
regulations which are committed in emergency cases, in unexpected developments,
in proper self-defense situations or while the offender is suffering from
mental disorder or other diseases that makes him/her unconscious of his/her
action or incapable of controlling his/her action.
6. Major sanctions will be
applied independently; additional sanctions against violations, and mitigation
measures shall be applied at the same time with the major sanction only when
the violations are defined as those need to be handled with additional
sanctions and mitigation measures in accordance with this Decree, with
exception of the cases provided for in Item 1, Article 5 of this Decree.
7. Any sanction against an
administrative violation of water resources management regulations must be
based on the nature and seriousness of the violation, personal identification
of the offender, and assessment of extenuating and/or aggravating
circumstances, in order to determine a suitable and appropriate form of
sanction, punitive solution and level of punishment.
Article 4.
Extenuating and Aggravating Circumstances
Extenuating and aggravating
circumstances in relation to a sanction against administrative violations of
water resources management regulations shall be taken into account in
accordance with Articles 8 and 9 of the Ordinance on Handling of Administrative
Violations and Article 6 of Decree 134/2003/ND-CP of the Government dated
November 14, 2003 guiding the implementation of some articles of the Ordinance
on Handling of Administrative Violations (hereunder called Decree
134/2003/ND-CP).
Article 5.
Statute of limitations for handling of administrative violations
1. The statute of limitations
for sanctioning an administrative violation of water resources management
regulations shall be one year (01) as from the date such administrative violation
is committed . In case the time limit has passed, no sanction shall be imposed,
but mitigations measures, as stated in Item 3, Article 7 of this Decree shall
apply.
2. For a person who is
prosecuted, sued or brought to court in line with legal proceedings against
criminal actions, but later receives a decision suspending the investigation or
the trial, he/she shall be subject to an administrative sanction if his/her
action bears signs of an administrative violation of water resources management
regulations; in this case, the administrative sanction shall be imposed within
three (03) months from the date when the sanctioning authority receives the
suspending decision and the case description dossier.
3. Within the time limits
provided for in Items 1 2 of this Article, if an individual or organization
commits a new administrative violation of water resources management
regulations, or deliberately evades or obstructs the sanction, the time limit
for imposing a sanction shall commence from the point of time when the new
violation is committed, or from the point of time when the deliberated evasion
or obstruction of the sanction ceased.
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The time limits for being
considered not yet administratively sanctioned will be applied in accordance
with Item 1, Article 11 of the Ordinance on Handling of Administrative
Violations and Article 7 of Decree 134/2003/ND-CP.
Article 7.
Forms of Sanction and Mitigation Measures
1. An organization or individual
who commits an administrative violation of water resources
management regulations shall be subject to one of the following sanctions:
a. Warning
b. Fine:
The maximum fine for an
administrative violation of water resources management regulations is
100,000,000 VND.
The specific fine for each
administrative violation is the average fine of a range of monetary fines
applicable for that particular violation; the average fine in a range of
monetary fines is defined in accordance with the regulations of Item 2, Article
57 of the Ordinance on Handling of Administrative Violations and Article 24 of
the Decree 24 134/2003/ND-CP.
If a violation involves an
extenuating circumstance, the fine may be reduced to lower than the average
fine, but not lower than the minimum fine given by the range of monetary fines.
If a violation involves an
aggravating circumstance, the fine may be increased to higher than the average
fine, but not higher than the maximum fine of the range of monetary fines.
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a. Cancellation or suspension of
the licence for exploration, exploitation and utilization of water resources,
the licence for discharge of waste water into the water sources; the licence
for drilling of groundwater.
b. Confiscating material
evidences and means of administrative violations.
3. In addition to the sanctions
stated in Items 1 and 2 of this Article, the sanctioned organization/individual
shall be required to take one or more of the following mitigating measures:
a. Forcible restoration to
original condition of a construction, which has been damaged by violation or
illegal removal of water resource infrastructure, forcible removing the
materials which cause obstruction to water flows;
b. Forcible implementation of
measures to redress water pollution, degradation, and depletion due to the act
of violation;
c. Forcible observation of terms
and conditions provided for in the licences for well drilling, water resource
exploration, exploitation, utilization and discharging waste water into the
water source.
d. Forcible provision of
sufficient and credible water resources data and information collected from the
areas where exploration, abstraction and utilization of water resources and/or
discharge of waste water are/is conducted whenever required by the state
authority.
4. Any sanctioned organization
or individual that fails to undertake the measures mentioned in points a, b, c,
d, of Item 3 of this Article shall be subject to forcible solutions and payment
for all the expenses for taking such coercive solutions. Forcible
implementation of these measures shall follow the regulations provided for in
Article 66 of the Decree on Sanction against Administrative Violations.
Chapter II
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Article 8.
Water Resources Exploration, Abstraction and Utilization of Water Resources, Discharge
of Waste Water into Water Sources without a Required License
1. A fine of VND 200,000-500,000
shall apply for each of the following violations in relation to exploration,
abstraction and utilization of water resources without a the required licence:
a. Drilling of a groundwater
work (bore) to a depth of less than 50m;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity less than 50kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate of less than 0.2m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate of less than 3,000m3/day;
dd. Abstraction and utilization
of groundwater at a discharge rate below 200m3/day.
2. A fine of VND
500,000-1,000,000 shall apply for each of the following violations in relation
to exploration, abstraction and utilization of water resources without a
required licence:
a. Drilling of a groundwater
work (bore) to a depth of 50m or more;
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c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 0.2m3/s to less
than 0.5m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 3,000m3/day to less
than 20,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 200m3/day to less than 400m3/day.
3. A fine of VND
1,000,000-2,000,000 shall apply for each of the following violations in
relation to exploration, abstraction and utilization of water resources without
a required licence:
a. Drilling of two groundwater
works (bores) to a total depth of less than 80m;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 300kW to less than 700kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 0.5m3/s to
less than 1m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 20,000m3/day to less
than 50,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 400m3/day to less than 800m3/day.
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a. Drilling of two groundwater
works (bores) to a total depth of 80m or more;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 700kW to less than 1,800kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 1m3/s to
less than 2m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 50,000m3/day to less
than 100,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 800m3/day to less than 1,500m3/day.
5. A fine of VND
5,000,000-10,000,000 shall apply for each of the following violations in
relation to exploration, abstraction and utilization of water resources without
a required licence:
a. Drilling of three groundwater
works (bores) to a total depth of 100m;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 1,800kW to less than 3,500kW;
c. Abstraction and utilization of
surface water for agricultural production at a rate equivalent to or higher
than 2m3/s;
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dd. Abstraction and utilization
of groundwater at a rate ranging from 1,500m3/day to less than 3,000m3/day.
6. A fine of VND
10,000,000-15,000,000 shall apply for each of the following violations in
relation to exploration, abstraction and utilization of water resources without
a required licence:
a. Drilling of three groundwater
works (bores) with a total depth of 100m or more;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 3,500kW to less than 5,000kW;
c. Abstraction and utilization
of surface water for other purposes at a rate ranging from 200,000m3/day to
less than 300,000m3/day;
d. Abstraction and utilization
of groundwater at a rate ranging from 3,000m3/day to less than 4,000m3/day.
7. A fine of VND 15,000,000-20,000,000
shall apply for each of the following violations in relation to exploration,
abstraction and utilization of water resources without a the required licence:
a. Drilling of four or more
groundwater works (bores);
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity of 5,000kW or higher;
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d. Abstraction and utilization
of groundwater at a rate of 4,000m3/day or higher.
8. For violations relating to
discharging waste water into a water source without a required licence:
a. A fine of VND
10,000,000-12,000,000 shall apply for discharging at a rate ranging from 10m3
/day to less than 50m3/day;
b. A fine of VND
12,000,000-14,000,000 shall apply for discharging at a rate ranging from 50 m3/day
to less than 100 m3/day;
c. A fine of VND
14,000,000-16,000,000 shall apply for discharging at a rate ranging from 100m3/day
to less than 500m3/day;
d. A fine of VND
16,000,000-18,000,000 shall apply for discharging at a rate ranging from 500m3/day
to less than 1,000m3/day;
dd/ A fine of VND
18,000,000-20,000,000 shall apply for discharging at a rate ranging from 1,000m3/day
to less than 2,000m3/day;
e/ A fine of VND
20,000,000-25,000,000 shall apply for discharging at a rate ranging from 2,000m3/day
to less than 5,000m3/day;
g/ A fine of VND
25,000,000-30,000,000 shall apply for discharging at a rate equivalent to
5,000m3/day or higher;
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a. Confiscation of the material
evidence, tools and means which were used to commit the violations.
b. Forcible implementation of
measures for overcoming water source pollution and degradation caused by each
of the violations.
Article 9.
Violations of Regulations Provided for in Licences for Exploration,
Abstraction, Utilization of Water Resource and Discharge of Waste Water into
Water Sources
1. A fine of VND 100,000-500,000
shall apply for any of the following violations:
a. Not reporting the result of
the exploration as regulated;
b. Obstructing the legal right
to abstract and use water resources of other individuals and organizations;
c. Not providing complete and
accurate data and information about water resources at the sites of water
resources exploration, abstraction and utilization or waste water discharge
when requested by the authorized state agency;
d. Not reporting on results of
water resources exploration, abstraction and utilization and waste water
discharge into water sources to the authorized state agency as required.
2. Where water is abstracted or
utilized at a volume exceeding the permitted volume stated in the licence, the
individual or organization shall be fined for the excess amount in accordance
with sanctions applicable for the individual or organization that abstracts or
use water without a licence as stipulated in Article 8 of this Decree.
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a. Abstracting groundwater from
an aquifer that is not registered in the licence;
b. Abstracting groundwater
without contrary to the water regime given in the licence;
c. Abstracting groundwater from
a location that is not stated in the licence.
4. A fine of VND
4,000,000-6,000,000 shall apply for any of the following violations:
a. Exploring groundwater
contrary to conditions given in the licence;
b. Failing to supervise the
process of exploration, abstraction and utilization of water resources and
discharge of waste water into water sources as guided by the authorized state
agency
c. Not taking prompt and
accurate measures to assure the safety, protection and avoidance of negative
incidents occurring during exploration, exploitation and utilization of water
resources and discharging waste water into water sources;
d. Discharging wastewater into a
water source that is not provided for in the licence;
5. The following fines shall
apply for violations of discharging wastewater into water sources at a
discharge rate exceeding that specified in the licence:
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b. VND 7,000,000-9,000,000 for
an excess amount ranging from 50m3/day to less than 100m3/day;
c. VND 9,000,000-11,000,000 for
an excess amount ranging from 100m3/day to less than 500m3/day;
d. VND 11,000,000-13,000,000 for
an excess amount from 500m3/day to less than 1,000m3/day;
dd. VND 13,000,000-15,000,000
for an excess amount from 1,000m3/day to less than 2,000m3/day;
e. VND 15,000,000-20,000,000 for
an excess amount from 2,000m3/day to less than 5,000m3/day;
g. VND 20,000,000-25,000,000 for
an excess amount of 5,000m3/day or more;
6. Mitigation measures for violations
in this Article include:
a. Forcible undertaking of the
measures for overcoming the water source pollution, degradation and depletion
caused by the violations;
b. Forcible observation of terms
and conditions given in the license.
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1. A fine of VND
10,000,000-12,000,000 shall apply for lending, leasing or transferring the
licence.
2. A fine of
20,000,000-30,000,000 shall apply for changing the contents of the licence.
3. Additional fining measures
for violations regulated in this Article:
a. Suspension of the licence for
a period ranging from ninety days (90) to a hundred and eighty days (180) if
the licence owner lends or leases his/her licence.
b. Stripping off the right to
use of the licence if the licence owner transfers and change the contents of
his/her licence.
Article 11.
Using Expired Licences
1. Warning sanctions shall be
applied for an individual or organization that continues to explore, abstract
and utilize water resources or discharge waste water into water sources when
the licence has been expired for thirty (30) days or less, unless application
for extension to the licence has been made accordance with the regulations.
2. A fine of VND 100,000-400,000
shall apply for an individual or organization that continues to explore, abstract
and utilize water resources or discharge waste water into water sources when
he/she uses the licence has been expired for between thirty (30) days and less
than sixty (60) days, unless application for extension to the licence has been
made in accordance with the regulations, and if:
a. Drilling of a groundwater
work (bore) to a depth of less than 50m;
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c. Abstraction and utilization
of surface water for agricultural production at a rate of less than 0.2m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate of less than 3,000m3/day;
dd. Abstraction and utilization
of groundwater at a discharge rate below 200m3/day.
3. A fine of VND 400,000-800,000
shall apply for continuing to explore, abstract and utilize water resources or
discharge waste water into water sources when the licence has been expired for
between thirty (30) days and less than sixty (60) days, unless application for
extension to the licence has been made in accordance with the regulations, and
if:
a. Drilling of a groundwater
work (bore) to a depth of 50m or more;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 50kW to less than 300kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 0.2m3/s to
less than 0.5m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 3,000m3/day to less
than 20,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 200m3/day to less than 400m3/day.
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a. Drilling of two groundwater
works (bores) to a total depth of less than 80m;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 300kW to less than 700kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 0.5m3/s to
less than 1m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 20,000m3/day to less
than 50,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 400m3/day to less than 800m3/day.
5. A fine of VND
1,500,000-4,000,000 shall apply for continuing to explore, abstract and utilize
water resources or discharge waste water into water sources when the licence
has been expired for between thirty (30) days and less than sixty (60) days,
unless application for extension to the licence has been made in accordance
with the regulations, and if:
a. Drilling of two groundwater
works (bores) to a total depth of 80m or more;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 700kW to less than 1,800kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate ranging from 1m3/s to
less than 2m3/s;
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dd. Abstraction and utilization
of groundwater at a rate ranging from 800m3/day to less than 1,500m3/day.
6. A fine of VND
4,000,000-8,000,000 shall apply for continuing to explore, abstract and utilize
water resources ord discharge waste water into water sources when the licence
has been expired for between thirty (30) days and less than sixty (60) days,
unless application for extension to the licence has been made in accordance
with the regulations, and if:
a. Drilling of three groundwater
works (bores) to a total depth of 100m;
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity ranging from 1,800kW to less than 3,500kW;
c. Abstraction and utilization
of surface water for agricultural production at a rate equivalent to or higher
than 2m3/s;
d. Abstraction and utilization
of surface water for other purposes at a rate ranging from 100,000m3/day to
less than 200,000m3/day;
dd. Abstraction and utilization
of groundwater at a rate ranging from 1,500m3/day to less than 3,000m3/day.
7. A fine of VND
8,000,000-12,000,000 shall apply for continuing to explore, abstract and
utilize water resources or discharge waste water into sources when the licence
has been expired for between thirty (30) days and less than sixty (60) days,
unless application for extension to the licence has been made in accordance
with the regulations, and if:
a. Drilling of three groundwater
works (bores) with a total depth of 100m or more;
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c. Abstraction and utilization
of surface water for other purposes at a rate ranging from 200,000m3/day to
less than 300,000m3/day;
d. Abstraction and utilization
of groundwater at a rate ranging from 3,000m3/day to less than 4,000m3/day.
8. A fine of VND
12,000,000-16,000,000 shall apply for continuing to explore, abstract and
utilize water resources and discharge wastewater into sources when the license
has been expired for thirty (30) days to less than sixty (60) days, unless
application for extension to the licence has been made in accordance with the
regulations, and if:
a. Drilling of four or more
groundwater works (bores);
b. Abstraction and utilization
of surface water for hydropower generation with the hydropower plant having a
capacity of 5,000kW or higher;
c. Abstraction and utilization
of surface water for other purposes at a rate of 300,000m3/day or higher;
d. Abstraction and utilization
of groundwater at a rate of 4,000m3/day or higher.
9. For the violation of
continuing to discharge wastewater into sources when the licence has been
expired for between thirty (30) days and less than sixty (60) days, unless
application for extension to the licence has been made in accordance with the
regulations, and if:
a. A fine of VND 200,000-500,000
shall apply if the discharge rate ranges from 10m3/day to less than 50m3/day;
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c. A fine of VND
1,0030,000-2,000,000 shall apply if the discharge rate ranges from 100m3/day to
less than 500m3/day;
d. A fine of VND
2,000,000-4,000,000 shall apply if the discharge rate ranges from 500m3/day to
less than 1,000m3/day;
dd. A fine of VND
4,000,000-6,000,000 shall apply if the discharge rate ranges 1,000m3/day to
less than 2,000m3/day;
e. fine o3 VND
6,000,000-8,000,000 shall apply if the discharge rate ranges from 2,000m3/day
to less than 5,000m3/day;
g. A fine of VND 25,000,000-30,000,000
shall apply if the discharge rate is 5,000m3/day or or more;
10. If a licence has been
expired for sixty (60) days or more, the applicable sanctions are the same as
those for exploration, abstraction and utilization of water resources and
discharge of waste water into water sources without a licence, as stated in
Article 8 of this Decree.
11. Additional fining measures
for violations regulated in this Article:
a. Confiscation of the material
evidence, tools and means which were used to commit the violations;
b. Stripping off the right to
use licences for exploration, abstraction, utilization of water resources and
discharge of wastewater into water sources;
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Article 12:
Violations of Regulations on Groundwater Drilling Practices
1. A fine of VND 500,000
-1,000,000 shall apply for not submitting annual reports on the results of
drilling for exploration and exploitation of groundwater as stipulated.
2. A fine of VND
2,000,000-4,000,000 shall apply for any of the following violations:
a. Continuing to practice
drilling of groundwater works when the drillers licence has expired;
b. Constructing drilling boreholes
without observing approved technical procedures and designs, causing negative
impacts on groundwater quantity and quality;
c. Not filling up drilled
boreholes as requested;
d. Exploring and drilling
groundwater works for individuals or organizations that have no licences to
explore, exploit or use groundwater;
3. A fine of VND 10,000,000 to
14,000,000 shall apply for any of the following violations:
a. Operating drilling of
groundwater outside the area that is provided for in the granted licence;
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c. Undertaking groundwater
drilling without a legitimate drillers licence;
4. Additional sanctions to the
violations mentioned in Item 2 of this Article include:
a. Confiscating material evidence
and tools used to conduct the violations stated in Point a, Item 2 and Point a,
Item 3;
b. Stripping off the right to
use licences for groundwater drilling if an individual or organization commits
any violation stated in Points a and b of Article 3;
c. Forcible remediation of any
damage caused by the violations; forcible implementation of measures for
remediating water pollution, depletion as a result of violations stated in
Clause 2b of this Article.
Article 13.
Violations Causing Damage to Works Supporting Water Resources Information
Survey and Monitoring
1. A fine of VND 50,000 -
200,000 shall apply for raising and feeding cattle in protection zones of water
resources information surveying and monitoring stations;
2. A fine of VND 2,000,000 -4,000,000
shall apply for encroaching upon aerial, water surface, underwater, and
underground technical safety corridors causing obstruction to and inaccuracy in
the data or information of water resource surveys, monitoring and inspection;
3. A fine of VND 4,000,000
-8,000,000 shall apply for causing damage to facilities, works and equipment
used for surveying, monitoring, collecting data and information about water
resources;
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Article 14:
Violations of Regulations of Water Resource Information and Data Collection,
Management, Storage and Utilization
1. A fine of VND 50,000-100,000
shall apply for obstructing the process of water resource information and data
monitoring, collection, exchange, exploitation and use;
2. A fine of VND 50,000-200,000
shall apply for one of the following violations:
a. Not obeying provided
regulations on water resources information and data processing;
b. Providing information and
data beyond legitimate management authority;
3. A fine of VND
500,000-1,000,000 shall apply for illegally accessing water resources
information and data inventory systems;
4. A fine of VND
1,000,000-2,000,000 shall apply for not providing adequate surveying,
monitoring indicators/data and other related documentation to water resources
information and data as required;
5. A fine of VND
2,000,000-4,000,000 shall apply for intentionally distorting or erasing water
resources information and data;
6. A fine of VND
3,000,000-5,000,000 shall apply for providing intentionally false calculations,
surveys and monitoring findings to authorized water resource information and
data agencies.
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1. A fine of 100,000 VND to
500,000 VND shall apply to acts that cause obstruction to the research, survey,
assessment and monitoring of water resources at the sites that are permitted by
the authorized state agency;
2. A fine of 6,000,000 VND to
8,000,000 VND shall apply to acts that cause obstruction to the inspection on
water resources conducted by authorized state management agencies.
Article 16.
Other Violations of Water Resources Regulations
1. A fine of VND 50,000-100,000
shall apply for exploiting groundwater on a small scale for domestic use
without registering while being subject to registration requirements for
exploration, abstraction, utilization of water resources.
2. A fine of VND 200,000-500,000
shall apply for one of the following violations:
a. Soaking bamboo or wood, or
putting equipment for fishing and other materials in the water,
causing obstruction to the water flows, badly affecting the water resources
exploitation and
utilization of other individuals or organizations;
b. Discharging less than 2m3 of
solid waste, soil and stones into public rivers, canals, lakes,
water sources;
c. Exploiting sand, stones,
material for construction and/or digging and washing out ores with
rudimentary facility, causing pollution to water resources.
3. A fine of VND 500,000 to
1,000,000 shall apply for discharging between 2m3 and less than 10m3 of
solid waste, soil and stones into public rivers, canals, lakes, water sources;
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5. A fine of
7,000,000-10,000,000 shall apply for one of the following violations:
a. Exploiting sand, stones,
material for construction, digging and washing out ores with
mechanical facility that cause water pollution or river/lake bank and bed
erosion.
b. Constructing underground
works, surface works, or foundation consolidation without
following technical procedures and norms on safety and on protection of
aquifers and the
surrounding environment;
6. A fine of VND
10,000,000-20,000,000 shall apply for polluting the sanitary protection zones
surrounding the areas where water is abstracted for domestic use as regulated
by authorized state agencies;
7. A fine of VND
70,000,000-100,000,000 shall apply for one of the following violations:
a. Illegally discharging
wastewater into aquifers;
b. Abstracting groundwater in
the restricted areas;
8. Additional sanctions and
mitigation measures for violations covered by this Article:
a. Forcible dismantling,
removing the materials that cause obstruction to the water flow with the
violations mentioned at Point a, Item 2;
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c. Forcible implementation of
the measures for overcoming the water source pollution,
degradation due to hereinabove violations.
Chapter
III
SANCTIONING POWERS AND
PROCEDURES
Article 17:
Sanctioning Powers of Chairman of Communal People's Committee
1. Warning;
2. Fines of up to VND 500,000;
3. Confiscation of the exhibits,
tools and means which have been used to commit the violations subject to a fine
of up to VND 500,000;
4. Requiring mitigation measures
stated in Item 3, Article 7 of this Decree.
Article 18:
Sanctioning Powers of Chairman of District People’s Committee
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2. Fines of up to VND
20,000,000;
3. Confiscation of the exhibits,
tools and means which have been used to commit the violations;
4. Stripping off the right to
use licences for exploration, abstraction, utilization of water resources
and/or discharge of wastewater into water sources;
5. Requiring mitigation measures
stated in Item 3, Article 7 of this Decree.
Article 19:
Sanctioning Powers of Chairman of Provincial People’s Committee
1. Warning;
2. Fines of up to VND
100,000,000;
3. Stripping off the right to
use licences for exploration, abstraction, utilization of water resources
and/or discharge of wastewater into water sources;
4. Confiscation of the exhibits,
tools and means which have been used to commit the violations; and,
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Article 20.
Powers of Natural Resources and Environment Inspector
1. The Natural Resources and
Environment Inspectors of provincial Departments of Natural Resources and
Environment and the Ministry of Natural Resources and Environment shall have
the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND 200,000;
c. Confiscation of the exhibits,
means and tools of violations subject to a fine of up to 2,000,000 VND; and,
d. Requiring mitigation measures
stated in Item 3 Article 7 this Decree.
2. The Chief Natural Resources
and Environment Inspector of a provincial Department of Natural Resources and
Environment shall have the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND
20,000,000;
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d. Confiscation of exhibits,
means and tools of violations; and,
dd. Requiring mitigation
measures stated in Item 3, Article 7 of this Decree.
3. The Chief Natural Resources
and Environment Inspector of the Ministry of Natural Resources and Environment
shall have the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND
100,000,000;
c. Stripping off the right to
use licences for exploration, abstraction, utilization of water resources
and/or discharge of wastewater into water sources and/or drilling practicing;
d. Confiscation of exhibits,
means and tools of violations; and,
dd. Requiring mitigation
measures stated in Item 3, Article 7 of this Decree.
Article 21:
Sanctioning Procedures
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2. The procedures for
sanctioning an administrative violation will be implemented as follows:
a. If the sanction is a warning
or fine up to VND 100,000, it shall be decided upon by the authorized person on
the spot;
The record of the sanctioning
decision must include the day, month, and year of the decision; full name and
address of the offending organization or individual; name and place of the
violation; name and position of the authorized person; the name of the legal
document and the Article which has been violated. One copy of the decision must
be given to the offending organization or individual.
If a fine is applied, the
decision must clearly specify the amount of the fine. The offending
organization or individual can pay the fine on the spot to the authorized
person, in which case they must be issued a receipt for the fine;
b. For a violation with a fine
of more than VND 100,000, the authorized person must write a report on the
violation. The report must include the day, month, and year and the place where
the report was written; full name and position of the report writer; full name,
address, and occupation of the offending organization or individual; name,
place, and date of the violation; measures for cessation of the violation and
measures to assure that the sanction is applied ; status and types of exhibits
that have been confiscated (if any); signature of the offender or his/her
representative; signature of the witnesses and of offended persons or their
representatives with full information about their names, addresses and
comments.
3. The offending organization or
individual shall pay fines required by the sanction decision to the State
Treasury, and shall be provided with a receipt for the payment.
In isolated and faraway areas,
the sea and mountainous areas, or areas where transportation is exceptionally
difficult, the offending organization or individual may pay the fine to the
authorized person. The authorized person must have the responsibility to
collect the fine on the spot and send it to the State Treasury following the
regulations in Item 3, Article 58 of the Ordinance on Handling of
Administrative Violations. The offending person or organizations has the right
not to pay the fine if they do not receive a receipt for the payment.
4. When the sanction of
confiscation of material and goods that cause water pollution is applied, the
authorized person must write a report specifying the name/kind, quantity,
condition, and quality of the confiscated materials and goods; the signatures of
the authorized person, the offending organization's representative and
individual and the witness.
In case the materials or goods
must be sealed, it shall be undertaken in the presence of the offending
individual or representative of the offending organization and another witness.
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6. Any individual or
organization that is fined VND 500,000 or more can delay paying the fine stated
in the sanctioning decision only when they face tremendous financial
difficulties. Procedures and time limit for delaying payment are provided for
in Article 65 of the Ordinance on Handling of Administrative Violations.
Article 22:
Procedure of Licence Revocation
1. When applying the sanction of
stripping off the right to use a license for drilling, exploration,
abstraction, utilization of water resources or waste water discharge into water
sources, the authorized sanctioning person must record the applied sanction in
the sanctioning decision and report immediately to the licensing agency that
has granted the licence.
The sanctioning decision must
include the name, type, serial number, date of issuing, duration of the revoked
licence.
If the licence is suspended for
a set period, the authorized sanctioning person, after the completion of the
suspension period, must return the licence to the licence owner.
2. Upon detecting that the
licence has been granted by an unauthorized agency or contains illegitimate
contents, the authorized sanctioning person must write a report on the
violation, confiscate the licence and report to the authorized state agency.
Article 23:
Procedures of Confiscation and Handling of Exhibits, Means and Tools Used during
Violations
When confiscating the exhibits,
means and tools used during claimed violations, the authorized sanctioning
person must follow the regulations provided for in Article 60 and those on
handling of confiscated exhibits, means and tools stipulated in Article 61 of
the Ordinance on Handling of Administrative Violations and Article 32 of the
Decree 134/2003/ND-CP.
Chapter IV
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Article 24:
Complaints, Denunciation and Settlement of Complaints and Denunciation
1. Any organization or
individual sanctioned for an administrative violation of water resources
regulations or their legitimate representative can lodge an appeal against a
sanctioning decision given by an authorized person.
2. Every citizen has the rights
to report any individual or organization that commits violations regulated in
this Decree, and any authorized sanctioning person that misuses his/her power
and contravenes the regulations provided for in this Decree.
3. The powers, procedures, and
schedules for settling complaints and denunciation shall be implemented in
accordance with existing regulations on petitions and denunciations.
4. The procedures of lodging
appeals against sanctioning decisions and/or for reporting violations shall
follow the regulated procedures for handling administrative.
Article 25:
Sanctions against Authorized Sanctioning Person
Any authorized sanctioning
person in the water resources management sector that misuses his/her power to
harass, abet or protect the offender; not to sanction, or to sanction untimely
or wrongly or beyond authority shall be punished or face criminal charges
depending on the character and seriousness of the violation. If his/her actions
cause loss or damage to the State, individuals or organizations, he/she shall
have to compensate as stipulated by the law.
Article 26:
Handling Violations Committed by Sanctioned Individual or Organization
Any sanctioned
person/organization that resists an authorized sanctioning person, delays or
avoids observing the provided sanctioning decision, or commits other
violations, may face criminal charges, depending on the character and
seriousness of the act; If his/her actions cause loss or damage, he/she shall
have to compensate as stipulated by the law.
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IMPLEMENTATION
PROVISIONS
Article 27:
Effect of Implementation
This Decree shall take effect 15
days from publication in the Official Gazette.
Article 28:
The Responsibility of guidance and implementation
The Minister of Resource and
Environment shall give guidance on, and organize the implementation of, this
Decree within his scope of functions, responsibilities and powers.
Ministers of related ministries,
Heads of ministerial-level agencies, Heads of government-level agencies and
Chairmen of Provincial People's Committees shall be responsible for
implementing this Decree.
THE PRIME
MINISTER
Phan Van Khai
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