THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
121/2004/ND-CP
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Hanoi,
May 12, 2004
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DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the December 27, 1993 Law on Environmental Protection;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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2. Administrative violations in
the field of environmental protection mean acts of violating the regulations on
State administration in the field of environmental protection, intentionally or
unintentionally committed by individuals or organizations, which are not crimes
but must be administratively handled under the provisions of the Ordinance on
Handling of Administrative Violations and this Decree.
3. Administrative violations in
the field of environmental protection, prescribed in this Decree, include:
a) Violation of regulations on
environmental standard registration, environmental impact evaluation reports
and other regulations on environmental protection;
b) Violation of regulations on
environmental pollution, depletion and incident prevention and combat.
4. Acts of administrative
violation on environmental protection prescribed in other decrees of the
Government (hereinafter referred to as relevant decrees) shall comply with the
provisions of such decrees.
Article 2.-
Sanctioned subjects
1. Vietnamese individuals and
organizations that commit acts of administrative violations in the field of
environmental protection shall all be sanctioned according to the provisions of
this Decree and the relevant decrees.
2. Foreign individuals and
organizations that commit acts of administrative violation in the field of
environmental protection within the territory, exclusive economic zone and
continental shelf of the Socialist Republic of Vietnam shall all be sanctioned
like Vietnamese individuals and organizations according to the provisions of
this Decree and the relevant decrees, except for cases where the international
agreements which the Socialist Republic of Vietnam has signed or acceded to
otherwise provide for.
3. Individuals being minors who
commit acts of administrative violation in the field of environmental
protection shall be sanctioned according to the provisions in Article 7 of the
Ordinance on Handling of Administrative Violations.
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1. All acts of administrative
violation in the field of environmental protection must be detected and
sanctioned in time and immediately stopped.
The sanctioning must be
conducted in a swift, just, fair and thorough manner; all environmental consequences
caused by administrative-violation acts must be addressed strictly according to
the provisions of law.
2. Individuals and organizations
shall be sanctioned for administrative violations in the field of environmental
protection only when they commit violation acts prescribed in this Decree and
other decrees of the Government prescribing the sanctioning of administrative
violations related to environment.
3. An act of administrative
violation in the field of environmental protection shall be administratively
sanctioned only once.
A person or an organization,
that commits many acts of administrative violation in the field of
environmental protection, shall be sanctioned for each of those violation acts.
If many persons or many
organizations, that jointly commit an act of administrative violation in the
field of environmental protection, each violating person or organization shall
be sanctioned.
4. The sanctioning of
administrative violations in the field of environmental protection must be
based on the nature and seriousness of the violations, the personal records of
the violators as well as the extenuating and/or aggravating circumstances in
order to decide on appropriate handling forms and measures.
5. Sanctions shall not be
imposed on administrative violations in the field of environ-mental protection,
which are committed in cases of emergency circumstances, unexpected incidents
or on administrative violations committed by individuals who suffer from mental
diseases or other ailments which deprive them of the capacity to cognize or
control their acts.
Article 4.-
Extenuating circumstances and aggravating circumstances
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Article 5.-
Statute of limitations for sanctioning of administrative violations
1. The statute of limitations
for sanctioning of an administrative violation in the field of environmental
protection shall be two years counting from the date such administrative
violation act is committed; past the above-mentioned statute of limitations,
the sanction shall not be imposed, but the remedial measures prescribed at
Point a, Point b, Point c or Point d, Clause 3, Article 7 of this Decree, shall
still be applied.
2. For individuals against whom
the criminal proceedings are initiated, who are prosecuted or brought to trial
according to criminal procedures as decided and later decisions are issued to
suspend the investigation or suspend their cases, but their violation acts show
signs of administrative violations related to environ-mental protection, they
shall be sanctioned for administrative violations related to environ-mental
protection; the statute of limitations for sanctioning the administrative
violations shall be three months counting from the date the competent persons
receive the suspension decisions and dossiers on the violation cases.
3. Within the time limits
prescribed in Clauses 1 and 2 of this Article, if individuals or organizations
commit new administrative violations in the field of environmental protection
or deliberately shirk or obstruct the sanctioning, the statute of limitations
for sanctioning prescribed in Clauses 1 and 2 of this Article shall not apply.
The statute of limitations for sanctioning administrative violations shall be
re-calculated from the time the new administrative violations are committed or
the time the acts of deliberately shirking or obstructing the sanctioning
terminate.
Article 6.-
The time limit for being considered not yet being sanctioned for administrative
violations
Individuals and organizations, that
are sanctioned for administrative violations in the field of environmental
protection, shall be considered not yet being sanctioned for administrative
violations in the field of environmental protection if past one year counting
from the date they complete serving the sanctioning decisions or the date the
sanctioning decisions expire, they do not relapse into violations.
Article 7.-
Sanctioning forms and remedial measures
1. For each act of
administrative violation in the field of environmental protection, the
violating individual or organization shall only be subject to one of the
following principal sanctioning forms:
a) Caution;
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The maximum fine level for one
act of violation in the field of environmental protection shall be VND
70,000,000.
2. Depending on the nature and
seriousness of their violations, the violating individuals or organizations may
be subject to the application of one or all of the following additional
sanctioning forms:
a) Deprivation of the right to
use the certificates of environmental standard satisfaction and assorted
permits with contents related to environmental protection (hereinafter referred
to as environment permits), definite or indefinite;
b) Confiscation of material
evidences and/or means used for commission of administrative violations in the
field of environment.
3. Apart from the sanctioning
forms prescri-bed in Clauses 1 and 2 of this Article, individuals and
organizations that commit administrative violations in the field of
environmental protection may also be compelled to apply one or many of the
following remedial measures:
a) Being compelled to apply
environmental protection measures for a definite period of time as requested by
the State management agencies in charge of environmental protection;
b) Being forced to apply
measures to address the environmental pollution, depletion and/or incidents
caused by their violation acts;
c) Being forced to take out of
the Vietnamese territory or to re-export goods or articles which cause
environmental pollution;
d) Being forced to destroy
environment-polluting goods, articles.
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Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE FIELD OF ENVIRONMENTAL PROTECTION, SANCTIONING FORMS AND LEVELS
Article 8.-
Violation of the regulation on environmental standard registration,
environ-mental impact assessment report, environmental standard certificates
and other environment-related permits
1. Caution or a fine of between
VND 500,000 and 1,000,000 for act of failing to register the environmental
standards by establishments, which, as prescribed, are subject to register the
environmental standards for submission to the State management agencies in
charge of environmental protection for certification, but proceeding with the
construction of their works.
2. A fine of between VND
1,000,000 and 2,000,000 for act of failing to make reports on environmental
impact assessment by establish-ments which, as prescribed, are subject to make
environmental impact assessment reports for submission to the State management
agencies in charge of environmental protection for ratification, but proceeding
with the construction of their works.
3. A fine of between VND
1,500,000 and 3,000,000 for act of failing to register the environmental
standard satisfaction by operating establishments which, as prescribed, are
subject to register the environmental standards.
4. A fine of between VND
3,000,000 and 5,000,000 for one of the following violation acts:
a) Failing to register
environmental standards by operating establishments in industrial parks, which,
as prescribed, are subject to register the environmental standards;
b) Failing to make reports on
environmental impact assessment by operating establishments which, as
prescribed, are subject to make environmental impact assessment reports;
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5. A fine of between VND
5,000,000 and 10,000,000 for act of operating without environment-related
permits according to regulations of the State management agencies in charge of
environmental protection by establishments which are subject to make
environmental impact assessment reports and industrial park establishments
which are subject to make environmental standard registration.
6. Other measures against
violations prescribed in this Article:
a) Being compelled to definitely
make environmental standard registration, to make environmental impact
assessment reports;
b) Being compelled to definitely
carry out procedures for being granted the environment-related permit.
Article 9.-
Violation of regulations on materialization of the contents in the written
registration of environmental standards, the environmental impact assessment
reports
1. Caution or a fine of between
VND 500,000 and 2,000,000 for act of failing to comply with the contents in the
certified written environmental standard registration.
2. A fine of between VND
2,000,000 and 5,000,000 for act of failing to materialize the contents in the
certified environmental impact assessment reports.
3. A fine of between VND
3,000,000 and 5,000,000 for act of failing to comply with the contents in the
certified written environmental standard registrations of establishments in
industrial parks or in the ratified environmental impact assessment reports.
4. A fine of between VND
5,000,000 and 10,000,000 for act of failing to comply with the contents in the
certified written environmental standard registrations of establishments
operating in industrial parks or in the ratified environmental impact
assessment reports.
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Forced materialization for a
definite time, for violations prescribed in Clauses 1, 2, 3 and 4 of this
Article.
Article
10.- Violation of regulations on discharge of waste water
1. Caution or a fine of between
VND 100,000 and 500,000 for act of discharging waste water less than twice in
excess of the permitted norms.
2. A fine of between VND
2,000,000 and 8,000,000 for act of discharging waste water twice or more in
excess of the permitted norms.
3. A fine of between VND
15,000,000 and 30,000,000 for act of discharging waste water containing
hazardous substances in excess of the permitted norms.
4. A fine of between VND
60,000,000 and 70,000,000 for act of discharging waste water containing
radioactive substances which contaminate environment with radioactivity in
excess of the permitted level.
5. Additional sanctioning forms
and remedial measures applicable to the violations prescribed in this Article:
a) Deprivation of the right to
use environment permits for between 90 and 180 days for violations prescribed
in Clauses 2 and 3 of this Article;
Indefinite deprivation of the
right to use environment permits for the violations prescribed in Clause 4 of
this Article;
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Article
11.- Violation of regulations on discharging gas, dust
1. Caution or a fine of between
VND 100,000 and 500,000 for one of the following violation acts:
a) Discharging gas, dust in
excess of the permitted norms into the environment;
b) Discharging the stinking
smells, bad smells directly into the environment without going through
environmental pollution-restricting devices.
2. A fine of between VND
2,000,000 and 5,000,000 for violation acts prescribed at Point a, Clause 1 of
this Article in excess of the permitted norms twice or more.
3. A fine of between VND
15,000,000 and 30,000,000 for act of discharging waste gas, dust containing
hazardous substances in excess of the permitted norms.
4. A fine of between VND
60,000,000 and 70,000,000 for act of discharging waste gas, dust containing
radioactive substances which contaminate the environment with radioactivity in
excess of the permitted level.
5. The additional sanctioning
forms and remedial measures applicable to violation acts prescribed in this
Article:
a) Deprivation of the right to
use environ-mental standard certificates for between 90 and 180 days for the violations
prescribed in Clauses 2 and 3 of this Article;
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b) Forced overcoming of
consequences caused by violation acts prescribed in Clauses 1, 2, 3 and 4 of
this Article.
Article
12.- Violation of regulations on discharging solid wastes
1. Caution or a fine of between
VND 100,000 and 500,000 for act of discharging solid wastes in contravention of
regulations.
2. A fine of between VND
2,000,000 and 5,000,000 for the violation act prescribed in Clause 1 of this
Article, thus causing environmental pollution.
3. A fine of between VND
15,000,000 and 30,000,000 for violation act prescribed in Clause 2 of this
Article in cases where the solid wastes contain hazardous wastes in excess of
the permitted norms.
4. A fine of between VND
60,000,000 and 70,000,000 for violation act prescribed in Clause 1 of this
Article in cases where the solid wastes contain radioactive substance which
contaminates environment with radioactivity in excess of the permitted level.
5. Additional sanctioning forms
and remedial measures applicable to violation acts prescribed in this Article:
a) Deprivation of the right to
use environment permits for between 90 and 180 days for the violations
prescribed in Clauses 2 and 3 of this Article;
Indefinite deprivation of the
right to use environment permits for the violations prescribed in Clause 4 of
this Article;
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Article
13.- Violation of regulations on noise, vibration degrees
1. Caution or a fine of between
VND 500,000 and 1,000,000 for acts of causing noises or vibration in excess of
the permitted environmental norms.
2. A fine of between VND
2,000,000 and 5,000,000 for acts of causing noises, vibration in excess of the
permitted environmental norms during the period of between 22.00 hrs and 06.00
hrs of the following day.
3. Other measures against
violation acts prescribed in this Article:
Forced overcoming of
consequences caused by the violation acts prescribed in Clause 1, Clause 2 of
this Article.
Article
14.- Violation of regulations on waste management, transportation and
handling
1. Caution or a fine of between
VND 500,000 and 2,000,000 for acts of managing, transporting and handling
wastes and/or environment pollutants in contravention of the regulations on
environmental protection.
2. A fine of between VND
2,000,000 and 5,000,000 for violation acts prescribed in Clause 1 of this
Article, which cause environmental pollution.
3. A fine of between VND
5,000,000 and 10,000,000 for acts of managing, transporting and handling
wastes, which are hazardous or contain radioactive substance, in contravention
of the regulations on environmental protection.
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5. A fine of between VND
60,000,000 and 70,000,000 for acts of managing, transporting and handling
wastes which contain radioactive substances, thus contaminating the environment
with radioactivity in excess of the permitted levels.
6. Additional sanctioning forms
and remedial measures applicable to the violation acts prescribed in this
Article:
a) Deprivation of environment
permits for between 90 and 180 days, for the violations prescribed in Clauses
2, 3 and 4 of this Article;
Indefinite deprivation of
environment permits, for the violations prescribed in Clause 5 of this Article;
b) Forced overcoming of
consequences caused by violation acts prescribed in Clauses 2, 3, 4 and 5 of
this Article.
Article
15.- Violation of the regulations on import or export of discarded
materials
1. A fine of between VND
2,000,000 and 5,000,000 for acts of importing, exporting, transiting,
temporarily importing for re-export, temporarily exporting for re-import,
transshipping discarded materials against the regulations of the State
management agencies in charge of environmental protection.
2. A fine of between VND
5,000,000 and 10,000,000 for acts of importing, exporting, transiting,
temporarily importing for re-export, temporarily exporting for re-import, border-gate
transshipping discarded materials without permission of the State management
agencies in charge of environmental protection.
3. A fine of between VND
10,000,000 and 20,000,000 for the violation acts prescribed in Clause 1, Clause
2 of this Article, which cause the environmental pollution.
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5. Remedial measures applicable
to the violation acts prescribed in this Article:
a) Forced destruction or
re-export of discarded materials or hazardous wastes;
b) Forced overcoming of
consequences caused by the violation acts prescribed in Clause 3, Clause 4 of
this Article.
Article
16.- Violation of the regulations on activities of research, production,
import of technologies, toxic chemicals, genomic organisms and products thereof
1. A fine of VND 5,000,000 and
10,000,000 for acts of importing technologies, toxic chemicals, genomic
organisms and products thereof in contravention of the State's regulations on
environmental protection.
2. A fine of between VND
10,000,000 and 20,000,000 for acts of importing technologies, toxic chemicals,
genomic organisms and products thereof without permission of competent State
bodies.
3. A fine of between VND
30,000,000 and 45,000,000 for acts against the regulations on research,
application, transfer, production, transportation of genomic organisms and
products thereof.
4. A fine of between VND
55,000,000 and 70,000,000 for violation acts prescribed in Clause 1, Clause 2
or Clause 3 of this Article, which cause the environmental pollution.
5. Additional sanctioning forms
and remedial measures applicable to violation acts prescribed in this Article:
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b) Forced destruction or
re-export;
c) Forced overcoming of
consequences caused by violation acts prescribed in Clause 4 of this Article.
Article
17.- Violation of regulations on nature conservation
1. Caution or a fine of between
VND 200,000 and 1,000,000 for acts of exploiting nature conservation zones,
national parks in contraven-tion of regulations on environmental protection.
2. A fine of between VND
15,000,000 and 30,000,000 for acts of exploiting nature conser-vation zones
against the environmental protection regulations, causing environmental
depletion.
3. A fine of between VND
50,000,000 and 60,000,000 for acts of exploiting national gardens in
contravention of the environmental protection regulations, causing the
environ-mental depletion.
4. Remedial measures applicable
to violation acts prescribed in this Article:
Forced overcoming of
consequences caused by violation acts prescribed in Clause 2 or Clause 3 of
this Article.
Article
18.- Violation of regulations on prevention and combat of environmental
incidents in oil and gas prospection, exploration, exploitation, transportation
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a) Failing to equip means to
prevent, combat oil leakages, fires and explosions, spillages as provided for
by competent State bodies;
b) Failing to draw up plans to
prevent and combat oil leakages, fires and explosions or spillages as provided
for by competent State bodies. A fine of between VND 10,000,000 and 20,000,000
for acts of causing oil leakages, fires and explosions or spillages.
3. A fine of between VND
55,000,000 and 70,000,000 for violation acts prescribed in Clause 2 of this
Article, causing the environ-mental pollution.
4. Remedial measures applicable
to violation acts prescribed in this Article:
Forced application of measures
to redress the environmental pollution caused by violation acts prescribed in
Clause 2 or Clause 3 of this Article.
Article
19.- Violation of regulations on production, transportation, trading,
import, storage and/or use of fireworks and matters likely to cause fires
and/or explosions
1. Caution or a fine of between VND
2,000,000 and 5,000,000 for acts of producing, transporting, trading in,
importing, storing and/or using fireworks and matters likely to cause fires
and/or explosions in contravention of regulations on environmental protection.
2. Caution or a fine of between
VND 5,000,000 and 15,000,000 for acts of producing, transporting, storing
and/or using fireworks and fire-and/or explosion- prone matters, thus causing
the environmental pollution.
3. A fine of between VND
15,000,000 and 30,000,000 for acts of using assorted explosives extracted from
bombs, mines, grenades and other weapons to produce fireworks.
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5. Additional sanctioning forms
and remedial measures applicable to violation acts prescribed in this Article:
a) Confiscation of goods,
articles;
b) Forced application of
measures to redress the environmental pollution caused by violation acts
prescribed in Clause 2, 3 or 4 of this Article.
Article
20.- Violation of regulations on soil pollution
1. Caution or a fine of between
VND 100,000 and 500,000 for acts of burying or discharging into soil
environmental pollutants in contraven-tion of the environmental protection
regulations.
2. A fine of between VND
5,000,000 and 15,000,000 for violation acts prescribed in Clause 1 of this
Article, which cause soil pollution.
3. A fine of between VND
20,000,000 and 35,000,000 for violation acts prescribed in Clause 2 of this
Article in cases where the pollutants contain hazardous wastes in excess of the
permitted norms.
4. A fine of between VND
60,000,000 and 70,000,000 for violation acts prescribed in Clause 2 of this
Article in cases where the pollutants contain radioactive substances which
contaminate the environment with radioactivity in excess of the permitted
level.
5. Remedial measures applicable
to violation acts prescribed in this Article:
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Article
21.- Violation of regulations on water pollution
1. Caution or a fine of between
VND 100,000 and 500,000 for acts of discharging into water pollutants in excess
of the permitted norms.
2. A fine of between VND
5,000,000 and 15,000,000 for violation acts prescribed in Clause 1 of this
Article, which cause water pollution.
3. A fine of between VND
20,000,000 and 30,000,000 for violation acts prescribed in Clause 2 of this
Article in cases where the pollutants contain hazardous wastes in excess of the
permitted environmental norms.
4. A fine of between VND
60,000,000 and 70,000,000 for violation acts prescribed in Clause 2 of Article
in cases where the pollutants contain radioactive substances which contaminate
the environment with radioactivity in excess of the permitted level.
5. Remedial measures applicable
to violation acts prescribed in this Article:
Forced application of measures
to redress the environmental pollution and/or depletion caused by violation
acts prescribed in Clauses 2, 3 and/or 4 of this Article.
Article
22.- Violation of regulations on air pollution
1. A fine of between VND
5,000,000 and 15,000,000 for acts of discharging assorted smokes, dusts,
hazardous substances or other hazardous elements into the air, causing air
pollution.
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3. A fine of between VND
60,000,000 and 70,000,000 for violation acts prescribed in Clause 1 of this
Article in cases where the pollutants contain radioactive substances which
contaminate the environment with radioactivity in excess of the permitted
level.
4. Remedial measures applicable
to violation acts prescribed in this Article:
Forced overcoming of
consequences caused by violation acts prescribed in Clauses 1, 2 and/or 3 of
this Article.
Article
23.- Violation of regulations on rescue and redress of consequences of
environmental incidents
1. Caution or a fine of between
VND 100,000 and 500,000 for one of the following acts:
a) Failing to report in time to the
People's Committees, the nearest State management agencies in charge of
environment protection on environmental incidents upon the detection thereof.
b) Failing to apply measures
under one's own responsibility to address environmental incidents in time.
c) Failing to abide by or
improperly abiding by the order on urgent mobilization of human resources,
supplies and means for redressing the environmental incidents.
2. A fine of between VND
2,000,000 and 5,000,000 for violation acts prescribed in Clause 1 of this
Article in case of causing environmental pollution.
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4. Other measures against
violation acts prescribed in this Article:
Forced application of measures
to address environmental pollution and/or depletion caused by violation acts
prescribed in Clauses 1, 2 and/or 3 of this Article.
Article
24.- Acts of obstructing activities of State management over environmental
protection
1. Caution or a fine of between
VND 200,000 and 500,000 for acts of obstructing the work of investigating,
studying, controlling and/or assessing current environmental situation.
2. Caution or a fine of between
VND 1,000,000 and 3,000,000 for acts of untruthfully reporting on the current
environmental situation to the State management bodies in charge of
environmental protection.
3. A fine of between VND 1,000,000
and 4,000,000 for acts of obstructing the work of environmental protection
inspection and examination conducted by State management bodies in charge of
environmental protection.
4. Other measures against the
violations prescribed in this Article:
Forced realization of requests
of State management bodies in charge of environmental protection.
Chapter III
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Article
25.- Competence of the presidents of the People's Committees at different
levels to sanction administrative violations
1. The commune/ward/township
People's Committee presidents are competent:
a) To impose caution;
b) To impose fines of up to VND
500,000;
c) To confiscate
environment-polluting goods, articles valued at up to VND 500,000;
d) To force the remedy of
environmental pollution and/or depletion caused by violation acts;
e) To force the destruction of
environment-polluting goods, articles.
2. The presidents of the
People's Committees of rural districts, urban districts, provincial capitals or
towns are competent:
a) To impose caution;
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c) To confiscate
environment-polluting goods, articles;
d) To force the application of
measures to redress the environmental pollution caused by violation acts;
e) To force the destruction of
environment-polluting goods, articles.
3. The provincial/municipal
People's Committee presidents are competent:
a) To impose caution;
b) To impose fines of up to VND 70,000,000;
c) To deprive of the right to
use the environment permits granted by provincial/municipal Services of Natural
Resources and Environment;
d) To confiscate
environment-polluting goods, articles;
e) To force the application of
measures to redress the environmental pollution and/or depletion caused by
violation acts;
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Article
26.- Competence of specialized environmental protection inspectors to
sanction administrative violations
1. Specialized natural resource
and environment inspectors of the provincial/municipal Services of Natural
Resources and Environment and of the Ministry of Natural Resources and
Environment, who are on official duty, are competent:
a) To impose caution;
b) To impose fines of up to VND
200,000;
c) To confiscate
environment-polluting goods, articles, valued at up to VND 2,000,000;
d) To force the destruction of
environment-polluting goods, articles;
e) To force the application of
measures to redress the environmental pollution and/or degeneration caused by
violation acts.
2. Specialized natural resource
and environment chief inspectors of the provincial/municipal Services of
Natural Resources and Environment are competent:
a) To impose caution;
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c) To deprive of the right to
use environment permits under their jurisdiction;
d) To confiscate
environment-polluting goods, articles;
e) To force the destruction of
environment-polluting goods, articles;
f) To force the application of
measures to redress the environmental pollution and/or depletion caused by
violation acts prescribed in this Article.
3. The environment chief
inspector of the Ministry of Natural Resources and Environment is competent:
a) To impose caution;
b) To impose fines of up to VND
70,000,000;
c) To deprive of the right to
use environment permits under their jurisdiction;
d) To confiscate
environment-polluting goods, articles;
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f) To force the application of
measures to redress the environmental pollution and/or degeneration caused by
violation acts.
Article
27.- Competence of State manage-ment bodies and specialized State
inspection organizations to sanction administrative violations regarding the
environmental protection
Besides the persons with
sanctioning competence, defined in Articles 25 and 26 of this Decree, the
persons having the sanctioning competence under the provisions of the Ordinance
on Handling of Administrative Violations, if detecting administrative violation
acts prescribed in this Decree which fall within their respective fields and
areas of management, are all entitled to sanction them but strictly in
accordance with the provisions of Article 42 of the Ordinance on Handling of
Administrative Violations.
Article
28.- Procedures for sanctioning administrative violations
1. Upon detecting acts of
administrative violation in the field of environmental protection, the persons
having sanctioning competence must order the immediate stoppage of such
violation acts.
2. The administrative
violation-sanctioning order and procedures shall be effected as follows:
a) For administrative violations
subject to caution or a fine of up to VND 100,000, the persons having the
sanctioning competence shall issue decisions to sanctions them on spot.
The sanctioning decisions must
be inscribed clearly with the day, month and year of issuance; the full names
and addresses of the violators or the names and addresses of violating
organizations; acts of violation; places where the violations are committed;
the full names and positions of the decision issuers; the applicable clauses
and articles of legal documents. These decisions must be handed to the sanctioned
individuals and organizations, each with one copy.
In case of fines, the decisions
must clearly state the fine levels. The violating individuals and organizations
may pay fines on spot to the competent sanctioning persons; in case of on-spot
payment of fines, they shall be given the fine collection receipts.
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3. The fined organizations and
individuals must pay fines at the State Treasuries defined in the sanctioning
decisions and shall be given the fine collection receipts.
In remote, far-flung areas, on
rivers and sea, in areas difficult to access or outside the working hours, the
sanctioned individuals and organizations may pay fines to the competent
sanctioning persons. The competent sanctioning persons have the responsibility
to collect fines on spot and remit them into the State Treasuries as provided
for in Clause 3, Article 58 of the Ordinance on Handling of Administrative
Violations. The sanctioned persons may refuse to pay fines if no fine collection
receipts are issued.
4. When confiscating the
environment-polluting goods and/or articles, the persons having the sanctioning
competence must make records thereon, which must clearly state the names,
quantities, conditions, quality of the confiscated goods and/or articles and be
signed by the confiscators, the sanctioned persons or representatives of the
sanctioned organizations and the witnesses. In case of necessity to seal off
the environment-polluting goods and/or articles, such must be conducted in the
presence of the sanctioned persons or representatives of the sanctioned
organizations and the witnesses.
5. The sanctioned individuals
and organiza-tions must execute the sanctioning decisions within 10 days after
being handed the sanctioning decisions. Past the above-said time limit, if the
sanctioned individuals and organi-zations fail to voluntarily execute the
sanctioning decisions, they shall be forced to execute them as provided for in
Article 66 of the Ordinance on Handling of Administrative Violations.
6. Individuals fined with VND
500,000 or more may postpone the execution of the sanction in cases where they
meet with particular financial difficulties. The procedures and time limit for
postponement of the fining decisions shall comply with the provisions of
Article 65 of the Ordinance on Handling of Administrative Violations.
Article
29.- Deprivation of the right to use permits
1. Individuals and organizations
that are granted assorted environment permits by State management bodies in
charge of environmental protection can all be deprived of the right to use such
permits if their administrative violations are directly related to the
provisions on the use of such permits.
Upon deciding to deprive of the
right to use permits, the competent persons must make records thereon, clearly
stating the reasons for the deprivation of the right to use the permits
according to the contents prescribed in Article 59 of the Ordinance on Handling
of Administrative Violations, and at the same time force the stoppage of
violations.
The deprivation of the right to
use permits shall be effected only after the written decisions are issued by
the competent persons defined in Clause 3, Article 25; Clauses 2 and 3, Article
26 of this Decree. The decisions must be sent to the handled individuals and
organizations, and at the same time notified to the permit-granting offices.
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2. The definite deprivation of
the right to use permits shall be applied to the first-time violations which
can be redressed. Upon the expiry of the duration inscribed in the sanctioning
decisions, the persons having the sanctioning competence must return the
permits to the organizations and/or individuals that are entitled to use the
permits.
3. The indefinite deprivation of
the right to use permits shall apply to the following cases:
a) The permits are granted ultra
vires;
b) The permits contain contents
contrary to the environmental protection regulations;
c) The environmental protection
regulations are violated so seriously that the violators' continued operations
cannot be permitted.
Article
30.- Provisions on application of other administrative measures
1. The persons with sanctioning
competence, defined in Articles 25, 26 and 27 of this Decree, when deciding to
apply other administrative measures, must base themselves on law provisions,
the actual damage extents caused by administrative-violation acts, and must
bear responsibility before law for their decisions.
2. Individuals and organizations
subject to the application of other administrative measures must execute such
sanctioning forms within 10 days after being handed the sanctioning decisions,
except otherwise provided for by law. In case of failure to execute them, they
shall be forced to do so within the prescribed time limit. The expenses for the
forced execution shall be covered by the individuals and/or organizations
forced to execute them.
3. Where material evidences
and/or means of environment protection-related administrative violations must
be confiscated or destroyed, the records thereon must be made with the
signatures of the decision makers, the sanctioned persons and the witnesses, and
the material evidences of administrative violations must be handled strictly
according to the provisions of Articles 60 and 61 of the Ordinance on Handling
of Administrative Violations.
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COMPLAINTS,
DENUNCIATIONS, HANDLING OF VIOLATIONS
Article
31.- Complaints and denunciations
1. Individuals and organizations
sanctioned for administrative violations in the field of environmental
protection or their lawful representatives may complain about the sanctioning
decisions of competent persons.
Citizens may denounce to
competent State bodies illegal acts concerning administrative sanction in the
field of environmental protection.
2. The procedures for lodging
complaints and denunciations and the settlement of complaints and denunciations
shall comply with the provisions in Articles 118 of the Ordinance on Handling
of Administrative Violations.
3. The initiation of lawsuits
against decisions on sanctioning of administrative violations, decisions on
application of measures to prevent, and ensure the sanctioning of,
administrative violations in the field of environmental protection shall comply
with the law provisions on procedures for settlement of administrative cases.
Article
32.- Handling of persons with competence to sanction administrative violations
in the field of environmental protection
The persons with competence to
sanction administrative violations in the field of environmental protection,
who harass for bribes, tolerate or cover up violators, fail to sanction or
sanction inappropriately, sanction beyond their competence, shall, depending on
the nature and seriousness of their violations, be disciplined or examined for
penal liability; if causing damage to the State, citizens and/or organizations,
they must pay compensations therefor according to law provisions.
Article
33.- Handling of violations committed by persons sanctioned for
administrative violations
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Chapter V
IMPLEMENTATION PROVISIONS
Article
34.- Implementation effect
This Decree takes implementation
effect 15 days after its publication in the Official Gazette.
This Decree replaces the
Government's Decree No.26/CP of April 26, 1996 prescribing the sanctioning of
administrative violations regarding environmental protection.
Article
35.- Guidance and implementation responsibilities
The Minister of Natural
Resources and Environment shall, within his/her functions, tasks and powers,
have to guide and organize the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
implement this Decree.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai