THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
19/2001/ND-CP
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Hanoi,
May 11, 2001
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
RADIATION SAFETY AND CONTROL
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
Pursuant to the Ordinance on Radiation Safety and Control of June 25, 1996;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Application
objects and scope
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2. Administrative violations in the field of
State management over radiation safety and control shall include:
a) Acts of violating the regulations on
declaration, registration and permits prescribed in the Ordinance on Radiation
Safety and Control;
b) Acts of violating the regulations on
techniques to ensure radiation safety;
c) Acts of violating the specific provisions of
the Ordinance on Radiation Safety and Control and the Governments Decree
No.50/1998/ND-CP of July 16, 1998 detailing the implementation of the Ordinance
on Radiation Safety and Control.
Article 2.- Term
interpretation
In this Decree, the following terms shall be
construed as follows:
1. Radiation equipment mean the equipment which
can emit ionized radiation, including those which can only emit radiation when
in operation (like X-ray irradiators, accelerators) and those which are affixed
with radioactive sources inside (like remote radiotherapy equipment, close
radiotherapy equipment, X-ray radiators for analytical use at jewelery shops,
radiotherapy establishments, nuclear reactors).
2. Effective radioactive source (in this Decree
called radioactive source for short) include closed radioactive source and open
radioactive source. Radioactive sources mean radioactive substances which are
used together with machinery and equipment or used singly in the application of
nuclear techniques to a set objective.
3. Closed radioactive source means the
radioactive source in which the radioactive substances are enclosed with a
specially-structured cover layer which prevents its radioactive elements from
emitting into the environment under normal working conditions or in case of
radiation incidents.
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5. Special radiation jobs mean jobs of
installing, operating, repairing nuclear reactors, accelerators, radiotherapy
machines, semi-industrial and industrial irradiation equipment, industrial
image irradiation, overcoming radiation incidents, nuclear reactor breakdown
and radiation jobs related to health and requiring special working environment.
6. Radiation safety service means activities in
service of radiation safety jobs for radiation establishments, the provision of
services on measuring personal irradiation dose, construction and renovation
design, expansion and upgrading of radiation establishments such as X-ray room,
nuclear medicine department, remote radiotherapy establishments, radioactive
sources depots, radioactive substance and waste depots, radiation safety
appraisal, assessment of radiation impact on environment, expertise of quality
of radiation equipment, precision readjustment of radiation measuring devices
and radiation equipment.
7. Transportation index means that used to
control the irradiation, to quantify radioactive substances in radioactive
cargo packs with a view to ensuring safety in the course of transportation.
8. Body exercising the State management over
radiation safety and control means the Radiation and Nuclear Safety Board of
the Ministry of Science, Technology and Environment.
Article 3.- Principles
on application of forms of sanctioning administrative violations
1. The handling of administrative violations
must be carried out by competent persons in strict accordance with the
provisions of law.
2. Organizations and individuals shall only be
sanctioned for administrative violations in the field of radiation safety and
control when they commit acts of violation prescribed in Clause 2, Article 1.
3. All acts of administrative violation in the
field of radiation safety and control must be detected in time and stopped
immediately. The sanctioning must be carried out promptly and justly; all
consequences caused by acts of administrative violation regarding radiation
safety and control must be overcome in strict accordance with the provisions of
this Decree. Organizations and individuals that commit acts of administrative
violation regarding radiation safety and control and cause material damage,
harms to human health, shall have to make compensation therefor according to
the provisions of law.
4. An act of administrative violation regarding
radiation safety and control shall be sanctioned only once.
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If many persons commit an act of administrative
violation regarding radiation safety and control, each of the violators shall
be sanctioned.
5. The sanctioning of administrative violations
regarding radiation safety and control must be based on the nature and
seriousness thereof, the personal record as well as extenuating and aggravating
circumstances in order to decide the sanctioning forms and appropriate handling
measures according to the provisions of this Decree.
No sanction shall be imposed on administrative
violations committed in the field of radiation safety and control in cases of
urgency, legitimate defense, unexpected incidents or administrative violations
committed while the violators are suffering from mental or other diseases which
deprive them of the capacity to cognize or control their acts.
6. In case of pecuniary sanction, the specific
sanctioning level for an act of violating the provisions of this Decree shall
be the average level of the fine bracket prescribed for such act. Where the
violation acts involve extenuating circumstances, the specific fine levels
shall be lower than the average level, but must not be lower than the lowest
level of the fine bracket. Where the violation acts involve aggravating
circumstances, the specific fine levels shall be higher than the average level,
but must not be higher than the highest level of the fine bracket.
7. The extenuating and aggravating circumstances
shall comply with Article 7 and Article 8 of the Ordinance on Handling of
Administrative Violations.
Article 4.- Forms of
sanctioning administrative violations in the field of radiation safety and
control
1. Forms of main sanction: warning or fine.
2. Forms of additional sanction:
a) Definite or indefinite deprivation of the
right to use the radiation safety and control permits granted by the State body
managing radiation safety and control;
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3. Application of other measures:
a) Forced decontamination of radiation-affected
areas;
b) Forced restoration of the initial state
already altered due to the administrative violation;
c) Forced destruction or burial of products,
commodities which contain radioactive substances according to the regulations
on radiation safety;
d) Forced renovation of construction structure,
shields according to radiation safety standards in order to protect the
surrounding environment.
e) Forced re-export of the imported material
evidences of the violation according to the law provisions on environmental
protection;
f) Forced arrangement of appropriate jobs for
people under 18 years old, people suffering from forbidden diseases under the
provisions of the Ministry of Health; pregnant or breast-feeding women under
the provisions in Clause 1 of Article 6, Clause 3 of Article 10, of the
Governments Decree No. 50/1998/ND-CP of July 16, 1998 and the Environment Law.
g) Forced compensation for damage: The
compensation for damage caused by acts of administrative violation shall be
made on the principle of agreement reached between the parties. For damage
valued up to VND 1,000,000, for which the parties cannot reach agreement on the
compensation level, the persons with sanctioning competence shall decide; for
damage valued more than VND 1,000,000 for which the parties cannot reach
agreement on the compensation level, the cases shall be settled according to
civil procedures.
Article 5.- Statute of
limitations for sanctioning administrative violations and time limits for being
regarded as having not yet been administratively sanctioned
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2. For individuals who have committed acts of
violating the legislation on radiation safety and control and been sued or
prosecuted or got the decisions to bring their cases to trial according to the
criminal procedures but later got the decisions to suspend the investigation or
suspend the cases, they shall be administratively sanctioned if they have
violated the provisions stated in this Decree; the statute of limitations for
sanctioning administrative violations shall be three months as from the date
the decision on suspension is issued.
3. Within the time limits prescribed in Clause 1
and Clause 2 of this Article, if organizations or individuals commit new
administrative violations or deliberately evade or obstruct the sanctioning,
the statute of limitations shall be recalculated as from the time the new
administrative violations are committed or from the time the acts of evading or
obstructing the sanctioning terminate.
4. Organizations and individuals sanctioned for
administrative violations regarding radiation safety and control, if one year
after completion of the execution of the sanctioning decision or after the
expiry of the effect for the execution of the sanctioning decision they do not
relapse into the violations, shall be regarded as having not yet been
sanctioned for administrative violations regarding radiation safety and
control.
Chapter II
VIOLATION ACTS,
SANCTIONING FORMS AND LEVELS
Article 6.- Acts of
violating provisions on declaration and report
1. Warning or a fine of up to VND 200,000 shall
be imposed on organizations or individuals for their late declaration and
report, but not more than 30 days as compared to the time limit prescribed for
one of the following subjects: radiation establishments, radioactive sources,
radiation equipment, radioactive wastes.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on organizations and individuals for committing one of the
following acts of violation:
a) Making false or incomplete declarations
and/or reports;
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c) Failing to declare and report on radiation
establishments;
d) Failing to declare and report on radioactive
sources, radioactive wastes;
e) Failing to declare and report on radiation
equipment.
Article 7.- Acts of
violating the regulations on registration
A fine of between VND 5,000,000 and 10,000,000
shall be imposed on organizations or individuals for failing to register as
prescribed: radiation establishments, radiation equipment, radioactive sources,
radioactive wastes or places where radioactive wastes are stored and treated.
Article 8.- Acts of
violating the regulations on export and/or import of radiation equipment,
radioactive sources, import of radioactive wastes
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on organizations or individuals for exporting or
importing radiation equipment and/or radioactive sources not according to the
technical parameters inscribed in the permits.
2. A fine of between VND 50,000,000 and
100,000,000 shall be imposed on organizations or individuals for importing
radioactive wastes.
3. The application of other measures: Forced
re-export of the material evidences of the violation strictly according to the
regulations on radiation safety.
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1. A fine of between VND 30,000,000 and 50,000,000
shall be imposed on organizations or individuals for committing one of the
following acts:
a) Trading, distributing radiation equipment
without permits granted by State management bodies in charge of radiation
safety and control;
b) Keeping radiation equipment, radioactive
wastes without permits granted by State management bodies in charge of
radiation safety and control.
2. Additional form of sanction: Confiscation of
material evidences and means of violation.
Article 10.- Acts of
violating the regulations on the transportation of radioactive sources,
radioactive wastes
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on organizations or individuals for committing one
of the following acts regarding the transportation of radioactive sources and
radioactive wastes:
a) Transporting them not on the routes
prescribed in the permits;
b) Using packing not up to the prescribed
radiation safety standards;
c) Packing them not according to the prescribed
radiation safety standards;
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e) Using the transport means not in accordance
with the regulation on radiation safety;
f) Transporting them without radiation safety
personnel on escort (except for the transportation of radiation equipment which
emit radiation only when in operation);
g) Transporting cargo packs and consignments
beyond the prescribed transportation indexes;
h) Transporting them under conditions when the
radiation doze in cabin and at peoples seats reaches beyond the prescribed
radiation safety limits.
2. A fine of between VND 20,000,000 and
40,000,000 shall be imposed on organizations or individuals for dropping
radioactive sources, radioactive wastes in the course of transportation.
3. The application of other measures: Forced
decontamination of radiation-affected areas for cases mentioned in Clause 2 of
this Article.
Article 11.- Acts of
violating the regulations on use permits granted by State management bodies in
charge of radiation safety and control
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on organizations or individuals for violating one
of the following regulations:
a) Using radiation equipment in medical
examination and treatment without permits;
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c) Using radiation equipment for scientific
research without permits;
2. A fine of between VND 8,000,000 and
15,000,000 shall be imposed on organizations or individuals for using radiation
equipment for inspection of non-destruction of sample without permits.
3. Application of other measures:
Forced compensation for damage caused by acts of
violation prescribed at Point a, Clause 1 of this Article, valued at up to VND
1,000,000.
Article 12.- Acts of
violating the regulations on upgrading and/or expansion of radiation
establishments
A fine of between VND 5,000,000 and 10,000,000
shall be imposed on organizations or individuals for violating one of the
following regulations:
1. Upgrading, expanding the scope of operations
of radiation establishments without permits granted by the State management
bodies in charge of radiation safety and control;
2. Re-commissioning radiation establishments
after their upgrading or expansion without permits for resumed operation,
granted by the State management bodies in charge of radiation safety and
control.
Article 13.- Acts of
performing special radiation jobs without permits granted by the State
management bodies in charge of radiation safety and control
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Article 14.- Acts of
violating the regulations on provision of radiation safety services
A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for committing one of the
following acts of violation:
1. Providing radiation safety services without
permits granted by the State management bodies in charge of radiation safety
and control;
2. Failing to send results of personal radiation
doze measurement to the State management bodies in charge of radiation safety
and control as provided for in Clause 2, Article 13 of the Governments Decree
No. 50/1998/ND-CP of July 16,1998.
3. Additional sanctioning form: Deprivation of
the right to use permits for a period of up to 6 months for acts of violation
stated in Clause 1 of this Article.
Article 15.- Acts of
violating the conditions prescribed in the permits granted by the State
management bodies in charge of radiation safety and control
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for breaching one of the
conditions prescribed in the permits.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on organizations or individuals for using radiation
sources for purposes other than those prescribed in the granted permits.
3. Additional sanctioning forms: Deprivation of
the right to use permits for a period of up to 3 months for acts of violation
prescribed in Clause 1 of this Article and indefinite deprivation of the right
to use permits for acts of violation prescribed in Clause 2 of this Article.
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1. Warning or a fine of up to VND 200,000 shall
be imposed on organizations or individuals for using the operation permits
and/or the radiation work performance permits, which have already expired but
for not more than 30 days as from their expiry date.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed on organizations or individuals for using expired operation
permits and/or radiation work performance permits other than the cases
prescribed in Clause 1 of this Article.
Article 17.- Acts of
violating the regulations on dissolution of radiation establishments
A fine of between VND 10,000,000 and 20,000,000
shall be imposed on organizations or individuals for dissolving radiation
establishments not according to the order and procedures prescribed in Article
15 of the Governments Decree No. 50/1998/ND-CP of July 16, 1998.
Article 18.- Acts of
violating the regulations on radioactive waste treatment and management
1. A fine of between VND 500,000 and 2,000,000
shall be imposed on organizations or individuals for committing one of the
following acts:
a) Failing to compile dossiers on typical
storage of radioactive waste of each discharge;
b) Failing to treat or having treated the
radioactive wastes not according to the prescribed standards on radiation
safety.
2. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for using radioactive waste
tanks and/or depots not according to the prescribed standards on radiation
safety.
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4. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on organizations or individuals for discharging
radioactive wastes into the environment beyond the permitted limits.
5. Application of other measures:
a) Forced renovation of construction structure,
for acts of violation prescribed in Clause 2 of this Article;
b) Force decontamination of radiation-affected
areas, for acts of violation prescribed in Clauses 3 and 4 of this Article;
c) Forced compensation for damage caused by acts
of violation prescribed at Point b of Clause 1, Clause 3 and Clause 4 of this
Article, valued at up to VND 1,000,000.
Article 19.- Acts of
violating the regulations on location of radiation establishments
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for locating radiation
establishments not at prescribed places.
2. Application of other measures:
Forced removal to the prescribed places and
decontamination of radiation-affected areas.
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1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for using radiation work rooms
with sizes below the prescribed standards.
2. Application of other measures: Forced
modification.
Article 21.- Acts of
violating the regulations on shield protection
1. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for committing one of the
following acts:
a) Letting radiation rays leak beyond the
permitted dose limits;
b) Using the radiation work rooms with their
walls, ceilings, floors, doors, windows being not thick enough under the
radiation safety regulations, with windows and ventilating openings being not
more than 2m high from their lower side to the ground outside.
2. Additional sanctioning form and other
measures: Deprivation of the right to use permits for up to 3 months, forced
modification of construction structures.
Article 22.- Acts of
violating the regulations on environmental protection
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on organizations or individuals for contaminating
the environment with radiation beyond the permitted levels in the process of
producing, processing and/or using radioactive substances, radioactive sources.
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3. Application of other measures: Forced
decontamination of radiation-affected areas, for acts of violation prescribed
in Clauses 1 and 2 of this Article.
Article 23.- Acts of
violating the specific provisions of the Ordinance on Radiation Safety and
Control and Decree No. 50/1998/ND-CP
1. Warning or a fine of up to VND 200,000 shall
be imposed on organizations or individuals for violating one of the following
provisions:
a) Having no radiation signboards affixed at
prescribed places;
b) Having no internal regulations on radiation
safety for radiation establishments;
c) Having no process for operating radiation
equipment.
2. A fine of between VND 500,000 and 2,000,000 shall
be imposed on organizations or individuals for failing to organize the archive
of one of the following dossiers:
a) Dossier on radiation inspection of the
environment;
b) Dossier on periodical maintenance of
radiation safety machinery and system;
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d) Dossier on personal dose of radiation
personnel;
e) Dossiers on the upgrading or expansion of the
scope of operation of radiation establishments, periodical quality inspection,
annual standard inspection of radiation equipment, radioactive sources as
prescribed;
f) Diary on operation of equipment;
g) Dossiers on various discharges of radioactive
wastes;
h) Dossiers on radiation equipment and
radioactive sources;
i) Dossiers on various drives of examination and
inspection.
3. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on organizations or individuals for violating one of the
following regulations:
a) Failing to appoint radiation safety chief;
b) Having appointed radiation safety chief who
has no certificate of training in radiation safety as provided for in Articles
5, 8 and 26 of Decree No. 50/1998/ND-CP of July 16, 1998 of the Government;
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4. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for violating one of the
following regulations:
a) Failing to conduct annual inventory of
radiation sources;
b) Failing to annually report on radiation
safety situation to the State management bodies in charge of radiation safety
and control;
c) Having no plan to prevent and combat
radiation incidents;
d) Failing to conduct periodical radiation
inspection of the environment around the radiation establishments;
e) Failing to conduct periodical radiation
inspection of the working places of radiation personnel;
f) Having no radiation warning devices for
establishments with reactors, accelerators, irradiator, remote radioactive
therapy establishments, radioactive ore exploitation and processing
establishments.
5. A fine of between VND 1,000,000 and 2,000,000
shall be imposed on organizations or individuals for failing to carry out the
periodical maintenance of radiation equipment.
6. A fine of between VND 2,000,000 and 5,000,000
shall be imposed on organizations or individuals for violating one of the
following provisions:
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b) Recruiting people who suffer from ailments
for which they are prohibited from performing radiation jobs to work as
radiation personnel;
c) Failing to give medical examinations when
recruiting radiation personnel;
d) Failing to give periodical health check-ups
to radiation personnel as prescribed;
e) Letting pregnant women or feeding mothers to
work with radiation;
f) Failing to equip radiation personnel with
personal radiation dose meters;
g) Failing to organize periodical evaluation of personal
radiation dose as prescribed;
h) Failing to equip radiation personnel with
proper labor protection devices;
i) Failing to equip appropriate suction cabinets
for jobs with radioactive substances producing gas, steam, sol gas;
j) Having no shielding devices suited to each
type of work of applying nuclear techniques;
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l) Failing to conduct annual standard inspection
of radiation dose measuring devices, radioactive therapy sources;
m) Erroneously correcting parameters of
radiation equipment which are not put under standard inspection and permitted
for use resumption.
7. A fine of between VND 10,000,000 and
15,000,000 shall be imposed on organizations or individuals for committing one
of the following acts:
a) Arbitrarily abandoning the radiation safety
system;
b) Failing to organize periodical maintenance of
radiation safety systems.
8. Application of other measures
Compulsory arrangement of appropriate jobs for
radiation personnel, for acts of violating the provisions at Points a, b and e
of Clause 6 of this Article.
Chapter III
COMPETENCE AND
PROCEDURES FOR SANCTIONING VIOLATIONS
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1. The presidents of the Peoples Committees of
rural districts, urban districts, provincial capitals and towns are competent
to:
a) Serve warning;
b) Impose a fine of up to VND 10,000,000;
c) Confiscate material evidences, means used for
commission of administrative violations, with a value of up to VND 100,000,000;
d) Issue decisions to stop acts of violation and
propose the competent State bodies to withdraw permits;
e) Apply one or several other measures
prescribed in Clause 3, Article 4 of this Decree.
2. The presidents of the Peoples Committees of
the provinces and centrally-run cities are competent to:
a) Serve warning;
b) Impose a fine of up to VND 100,000,000;
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d) Strip of the right to use permits granted by
the provincial/municipal Services of Science, Technology and Environment for up
to 6 months or indefinitely;
In case of stripping of the right to use permits
relating to the field of radiation safety and control, which are granted by
superior State management bodies in charge of radiation safety and control, the
presidents of the provincial-level Peoples Committees shall issue decisions to
stop the violation acts, withdraw the permits and propose the competent bodies
to strip of the right to use such permits.
e) Apply one or several other measures
prescribed in Clause 3, Article 4 of this Decree.
Article 25.- The
sanctioning competence of the specialized radiation safety and control
inspectorate
1. Specialized radiation safety and control
inspectors of the Ministry of Science, Technology and Environment and the
provincial/municipal Services of Science, Technology and Environment, while on
duty, shall have the power to:
a) Serve warning;
b) Impose a fine of up to VND 200,000;
c) Confiscate material evidences, means used for
commission of administrative violations, with a value of up to VND 500,000;
d) Apply one or several other measures
prescribed at Clause 3, Article 4 of this Decree.
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a) Serve warning;
b) Impose a fine of up to VND 10,000,000;
c) Confiscate material evidences, means used for
commission of violations, with a value of up to VND 100,000,000;
d) Strip of the right to use permits granted by
directors of the provincial/municipal Services of Science, Technology and
Environment for up to 6 months or indefinitely;
e) Apply one or several other measures
prescribed in Clause 3 of Article 4 of this Decree.
3. Specialized radiation safety and control
chief inspector of the Ministry of Science, Technology and Environment shall
have the power to:
a) Serve warning;
b) Impose a fine of up to VND 20,000,000;
c) Strip of the right to use permits granted by
the State management bodies in charge of radiation safety and control under the
Ministry of Science, Technology and Environment or by the directors of the
provincial/ municipal Services of Science, Technology and Environment for up to
6 months or indefinitely;
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e) Apply one or several other measures
prescribed at Clause 3, Article 4 of this Decree.
Article 26.- The sanctioning
competence of the police offices, customs offices, market management offices,
health inspectorate, labor inspectorate, environment inspectorate and other
specialized inspectorates
The police offices, the customs offices, the
market management offices, the specialized health inspectorate, the specialized
labor inspectorate, the specialized environment inspectorate and other
specialized inspectorate are competent to sanction administrative violations as
provided for in Articles 29, 30, 33 and 34 of the Ordinance on Handling of
Administrative Violations regarding the administrative violations related to
radiation safety and control which fall under the scope of State management of
their respective ministries and branches.
Article 27.-
Responsibility of State management body in charge of radiation safety and
control in handling administrative violations
The State management body in charge of radiation
safety and control under the Ministry of Science, Technology and Environment
shall perform the function of State management over radiation safety and
control according to law and have to coordinate with other central and local
competent bodies in handling administrative violations regarding the radiation
safety and control when so requested by these bodies.
Article 28.-
Sanctioning procedures
1. Upon detecting acts of violation or signs of
administrative violations regarding the radiation safety and control, the
persons with sanctioning competence shall have to order the immediate cessation
of acts of violation and demand organizations, individuals strictly comply with
the law provisions on radiation safety and control.
2. Where acts of violation are clearly
determined as being subject to the sanctioning form of warning, the persons
with sanctioning competence shall decide in writing on the sanctioning right at
the places where the violations are committed.
Where they deem that the violations may be
subject to pecuniary penalty, the persons with sanctioning competence shall
have to make record on the administrative violations in compliance with the
provisions at Article 47 of the Ordinance on Handling of Administrative
Violations.
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Within 10 days after receiving the written
request and violation dossiers as well as evidences, the State management body
in charge of radiation safety and control or the provincial/municipal Services
of Science, Technology and Environment must send their written opinions to the
persons with competence to sanction the violations.
4. Within 15 days as from the date of making
record on the violation, the competent persons shall have to issue decisions to
sanction acts of violation; in case of serious violations involving many
complicated circumstances, the above time limit may be prolonged but shall not
exceed 30 days. The sanctioning decision and the contents thereof shall comply
with the provisions in Article 48 of the Ordinance on Handling of
Administrative Violations.
The effective date of a sanctioning decision
shall be the date of its signing or other date stated in the sanctioning
decision, which, however, must not exceed 15 days after its signing.
Sanctioning decisions must be sent to sanctioned
organizations or individuals and the fine collecting bodies within 3 days as
from the dates of their signing, and at the same time to the State management
body in charge of radiation safety and control under the Ministry of Science,
Technology and Environment for coordination in monitoring and in carrying out
procedures for formulation, amendment, suspension or cancellation of permits.
Article 29.- Fining
procedures
The fining must comply with the following
regulations:
1. The fine level, time limit and place for fine
payment must be inscribed clearly in the sanctioning decision.
2. The fined organizations and individuals shall
have to pay fines on time and at places prescribed in the sanctioning decisions
and be given the fine collection receipts; when fines are collected, the money
collection receipts issued by the Finance Ministry must be used.
3. The fine collectors are strictly forbidden to
collect fines on spot.
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5. The decisions to impose a fine of VND
2,000,000 or more must be sent to the People�s
Procuracy of the same level.
Article 30.- Procedures
to strip of the right to use permits
1. The procedures for stripping of the right to
use permits must comply with the provisions in Article 50 of the Ordinance on
Handling of Administrative Violations.
The persons with sanctioning competence, when
deciding on the application of the sanctioning form of stripping of the right
to use permits, must clearly inscribe in the sanctioning decisions the titles,
types and serial numbers of the permits, the duration of stripping of the right
to use the permits, and at the same time notify such immediately in writing to
the bodies which have issued such permits, clearly stating the reasons for the
duration of stripping of the right to use permits.
Where they deem that the permit types or the use
right deprivation duration are beyond their deciding competence, the persons
with sanctioning competence must issue decisions to stop the violation acts and
request the superior bodies with sanctioning competence or the bodies which
have issued such permits to issue decisions to strip of the use right or to
withdraw such permits.
2. The persons with sanctioning competence shall
decide to apply form of definite deprivation of the permit use right to cases
where they deem that the violating organizations or individuals may take
measures to overcome and limit the consequences caused by their violations,
cease violations and get rid of the causes and conditions for repeated
violations after a given period of time.
Upon the expiry of the time limit inscribed in
the sanctioning decisions, the competent persons who have issued the decisions
to strip of the permit use right must return such permits to organizations or
individuals using such permits.
3. The persons with sanctioning competence shall
decide to apply the form of indefinite deprivation of the permit use right or
propose the bodies which have issued such permits to withdraw them immediately,
to cases of organized, large-scale or repeated violations.
Where they detect that the permits have been
granted not according to the prescribed competence or procedures or contained
illegal contents, the persons with sanctioning competence must immediately withdraw
such permits and at the same time promptly notify the bodies which have issued
such permits and the bodies competent to grant and manage permits thereof.
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1. The competence and procedures to apply the
measure of temporary seizure of material evidences and means of administrative
violations shall comply with the provisions in Article 41 of the Ordinance on
Handling of Administrative Violations.
2. The measure of temporary seizure of material
evidences and means of administrative violations shall apply to cases where
acts of violation must be immediately prevented or stopped or necessary
evidences must be ensured to verify circumstances for use as basis for deciding
the handling of violation.
3. Upon the expiry of the prescribed time limit
for temporary seizure of material evidences and means of administrative
violations, if deeming it necessary to apply the measure of confiscating the
material evidences and means of administrative violations, the competent
persons who have issued decisions to apply measure of temporary seizure of
material evidences and means of administrative violations may issue decisions
or propose the competent bodies to issue decisions to confiscate material
evidences and means of administrative violations as provided for in Article 51
of the Ordinance on Handling of Administrative Violations and Article 32 of
this Decree.
Article 32.- Procedures
for confiscation of material evidences and means of administrative violations
The procedures for confiscation of material
evidences and means of administrative violations in the field of radiation
safety and control shall comply with the provisions in Article 51 of the
Ordinance on Handling of Administrative Violations.
Article 33.- Procedures
for handling confiscated material evidences and means of administrative
violations
The procedures for handling confiscated material
evidences and means of administrative violations in the field of radiation
safety and control shall comply with the provisions in Article 52 of the
Ordinance on Handling of Administrative Violations and the following
regulations:
The measure of destruction shall apply to cases
where the violation material evidences and/or means are the following objects:
1. The violation commodities may cause harms to
human lives and health as well as the environment.
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Article 34.- Execution
of sanctioning decisions
1. Where past 5 days after receiving the
sanctioning decisions the sanctioned organizations or individuals fail to
voluntarily abide by them, the persons with sanctioning competence shall issue
decisions on forced execution of the sanctioning decisions.
2. The execution of sanctioning decisions, the
forced execution of sanctioning decisions and the statute of limitations for
execution of sanctioning decisions shall comply with the provisions in Articles
54, 55 and 56 of the Ordinance on Handling of Administrative Violations.
Chapter IV
SETTLEMENT OF
COMPLAINTS, DENUNCIATIONS, HANDLING OF VIOLATIONS AND COMMENDATION
Article 35.- Complaints
and denunciations and the settlement thereof
1. Organizations and individuals sanctioned for
administrative violations in the field of radiation safety and control or their
lawful representatives may complain about sanctioning decisions of persons
competent to sanction administrative violations.
2. Citizens may denounce to competent bodies,
organizations or individuals administrative violations in the field of
radiation safety and control committed by other citizens and/or organizations
or denounce illegal acts committed by persons competent to sanction
administrative violations in the field of radiation safety and control.
Within 10 days after receiving the written
complaints and/or denunciations, the bodies, organizations and individuals that
receive the written complaints and/or denunciations under their respective
competence shall have to process and settle them strictly according to the
order and procedures prescribed by the Law on Complaints and Denunciations.
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If persons with competence to sanction
administrative violations in the field of radiation safety and control commit
acts of violating the provisions on administrative sanctions, harassing,
tolerating or covering up the violators, failing to impose sanction or
sanctioning not according to their competence, they shall, depending on the
nature and seriousness of their violations, be disciplined or examined for
penal liability. Where material loss is caused to the State, organizations
and/or individuals, compensation therefor must be paid according to the
provisions of law.
Article 37.-
Commendation and reward
Organizations and individuals that record
achievements in supplying information on, detecting, preventing and/or handling
administrative violations regarding radiation safety and control shall be
commended and/or rewarded according to the general regime of the State.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 38.-
Implementation effect
1. This Decree takes effect 15 days after its
signing.
2. To annul the provisions in Article 13 and
Article 14 of Decree No. 26/CP of April 26, 1996 of the Government stipulating
the sanctioning of administrative violations regarding environmental
protection.
Article 39.- Guiding
the implementation of the Decree
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Article 40.-
Responsibility to implement the Decree
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government
and the presidents of the Peoples Committees of the provinces and centrally-run
cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai