THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
142/2013/ND-CP
|
Hanoi, October
24, 2013
|
DECREE
PROVIDING FOR SANCTION OF ADMINISTRATIVE VIOLATIONS IN
DOMAIN OF WATER RESOURCES AND MINERALS
Pursuant to the December 25, 2001 Law on
organization of Government;
Pursuant to the June 20, 2012 Law on handling
of administrative violations;
Pursuant to the June 21, 2012 Law on water
resources;
Pursuant to the November 17, 2010 Law on
minerals;
At the proposal of Minister of Natural
Resources and Environment,
The Government promulgates Decree providing
for sanction of administrative violations in domain of water resources and
minerals.
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GENERAL PROVISIONS
Article 1. Scope of
regulation
1. This Decree provided for acts of
administrative violations, sanction forms, sanction levels, remedial measures
for acts of administrative violations, sanction authorities and authority to
make written records of administrative violations in domain of water resources
and minerals.
2. Administrative violations in domain of water
resources and minerals specified in this Decree include: Violations of regulations
on survey, planning, exploration, exploitation and use of water resources;
violations of regulations on water resource protection; violations of
regulations on prevention of, combat against and overcoming of adverse impacts
by water and other violations in water resource management, which are specified
in Chapter II of this Decree.
3. Administrative violations in mineral domain
specified in this Decree include: Violations of regulations on basic geological
surveys of mineral resources; violations of regulations on mineral exploration
and exploitation; violations of regulations on auction for right to exploit
minerals; violations of regulations on using information on minerals;
violations of regulations on protecting minerals not yet been exploited and
other violations in mineral domain, which are specified in Chapter III of this
Decree.
4. Acts of administrative violations related to
domains of water resources and minerals not specified in this Decree shall
comply with provisions in other relevant Government’s Decrees on sanctioning
administrative violations in domain of state management for sanction.
Article 2. Forms of sanction
on administrative violations and remedial measures
1. Principal sanction forms:
Organizations and individuals that commit acts
of administrative violation in the domains of water resources and minerals
shall be applied one of the following principal sanction forms:
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b) Fines
The maximum fine for an administrative violation
in domain of water resources is VND 250,000,000 for individuals and 500,000,000
for organizations. The maximum fine for an administrative violation in mineral
domain is VND 1,000,000,000 for individuals and 2,000,000,000 for
organizations.
c) Depriving the right to use licenses for
exploration, exploitation and use of water resources, discharging sewage into
water sources; licenses for underground water drilling practice; licenses for
exploration and exploitation of minerals, from 01 (one) to 16 (sixteen) months.
2. Additional sanction forms:
Depending on the nature and seriousness, the
infringing organizations or individuals may also be subject to one or more of
the following additional sanctioning forms:
d) Depriving the right to use licenses for
exploration, exploitation and use of water resources, discharging sewage into
water sources; licenses for underground water drilling practice; licenses for
exploration and exploitation of minerals, from 03 (three) to 12 (twelve)
months, or suspending operation, from 01 (one) month to 24 (twenty four) months;
b) Confiscating material evidences and means
used for commission of administrative violations.
Additional sanction forms are only applied in
association with the principal sanction forms.
3. Remedial measures:
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a) Forcible implementation of measures to remedy
water pollution, degradation, and depletion;
b) Forcible implementation of measures to
prevent environmental pollution, adverse impacts to human health;
c) Forcible implementation of sufficient
measures to remedy environmental pollution;
f) Forcible implementation of solutions to
restore land and environment;
dd) Forcible implementation of solutions to
bring areas exploited minerals to safe status;
e) Forcible leveling, dismantlement of
construction works; forcible destruction, removal of obstacles from water
flows; forcible moving of machinery, equipment and assets from areas of mineral
exploration and exploitation;
g) Forcible restoration or re-construction of
works, equipment ensuring mine safety and environmental protection.
h) Forcible implementation of measures to remedy
damages of technical infrastructure; implement the upgrading, maintain and
construction of traffic roads;
i) Forcible restoration of the initial state
which has been changed due to acts of violations;
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l) Forcible correction of information and data
which are falsified by acts of violations;
m) Forcible return of entire mineral volume or
value in money gained from exploitation outside of area of zone allowed
exploiting; gained from exploitation in excess of output allowed exploiting;
n) Forcible submission of illegal benefits
gained from committing acts of violations.
Article 3. Application of
fine levels in administrative sanction
1. The fine level for each act of administrative
violation specified in Chapter II and Chapter III of this Decree is fine level
applicable to individuals. The fine levels applicable to organizations are
double the fine levels applicable to individuals.
2. Fining authorities of persons defined in
Articles 44, 45 and 46 of this Decree are maximum fining authorities applicable
to one act of administrative violation by individuals; for organizations,
authorities to fine at the maximum level is double in comparison with
authorities to fine applicable to individuals.
Chapter 2.
ACTS OF ADMINISTRATIVE
VIOLATIONS IN DOMAIN OF WATER RESOURCES, SANCTION FORMS, SANCTION LEVELS AND
REMEDIAL MEASURES
Article 4. Violations of
regulations on basic survey, planning water resources
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2. A fine of between VND 30,000,000 and
50,000,000 for violations of regulations of conditions and capability for
consultancy on planning water resources.
Article 5. Violations of
regulations on observation and supervision of water resources
1. A fine of between VND 15,000,000 and
20,000,000 for acts of failing to implement in accordance with regulations of
observation and supervision of water resources, discharging sewage into water
sources.
2. A fine of between VND 20,000,000 and
30,000,000 for acts of failing to implement observation and supervision of
water resources as prescribed in exploitation and use of water resources,
discharging sewage into water sources.
Article 6. Acts of
exploration, exploitation and use of water resources without registration,
licenses as prescribed.
1. A warning or fine of between VND 100,000 and
500,000 for acts of exploiting underground water in cases required registration
but failing to register as prescribed.
2. A fine of between VND 30,000,000 and
50,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 01 (one) borehole, depth of less than 50 meter;
b) Exploiting, using underground water for
production, trading, service provision with capacity of between 10 m3/day
and 200 m3/day;
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d) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between more
than 100 m3/day and less than 3,000 m3/day;
d) Exploiting, using surface water for power
generation with engine capacity of between more than 50kW and less than 2,000
kW;
e) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
more than 10,000 m3/day and less than 50,000 m3/day.
3. A fine of between VND 50,000,000 and
70,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 01 (one) borehole, depth of 50 meter or more;
b) Exploiting, using underground water for
production, trading, service provision with capacity of between 200 m3/day
and less than 400 m3/day;
c) Exploiting, using surface water for
agricultural production, aquaculture with capacity of between 0.5 m3/second
and less than 1 m3/second;
d) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
3,000 m3/day and less than 10,000 m3/day;
dd) Exploiting, using surface water for power
generation with engine capacity of between 2,000 kW and less than 5,000 kW;
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4. A fine of between VND 70,000,000 and
100,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 02 (two) boreholes, total depth of less than 80 meter;
b) Exploiting, using underground water for
production, trading, service provision with capacity of between 400 m3/day
and less than 800 m3/day;
c) Exploiting, using surface water for
agricultural production, aquaculture with capacity of between 1 m3/second
and less than 1.5 m3/second;
d) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
10,000 m3/day and less than 20,000 m3/day;
dd) Exploiting, using surface water for power
generation with engine capacity of between 5,000 kW and less than 10,000 kW;
e) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
100,000 m3/day and less than 200,000 m3/day.
5. A fine of between VND 100,000,000 and
130,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 02 (two) boreholes, total depth of 80 meter or more;
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c) Exploiting, using surface water for
agricultural production, aquaculture with capacity of between 1.5 m3/second
and less than 2 m3/second;
d) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
20,000 m3/day and less than 50,000 m3/day;
dd) Exploiting, using surface water for power
generation with engine capacity of between 10,000 kW and less than 20,000 kW;
e) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
200,000 m3/day and less than 300,000 m3/day.
6. A fine of between VND 130,000,000 and
160,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 03 (three) boreholes, total depth of less than 100 meter;
b) Exploiting, using underground water for
production, trading, service provision with capacity of between 1,000 m3/day
and less than 1.500 m3/day;
c) Exploiting, using surface water for
agricultural production, aquaculture with capacity of 2 m3/second or
more;
d) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
5,000 m3/day and less than 100,000 m3/day;
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e) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
300,000 m3/day and less than 400,000 m3/day.
7. A fine of between VND 160,000,000 and
190,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 03 (three) boreholes, total depth of 100 meter or more;
b) Exploiting, using underground water for
production, trading, service provision with capacity of between 1,500 m3/day
and less than 3,000 m3/day;
c) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
100,000 m3/day and less than 200,000 m3/day;
d) Exploiting, using surface water for power
generation with engine capacity of between 30,000 kW and less than 40,000 kW;
dd) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
400,000 m3/day and less than 500,000 m3/day.
8. A fine of between VND 190,000,000 and
220,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Drilling for underground water exploration
with works including 04 (four) boreholes or more;
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c) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of between
200,000 m3/day and less than 300,000 m3/day;
d) Exploiting, using surface water for power
generation with engine capacity of between 40,000 kW and less than 50,000 kW;
dd) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of between
500,000 m3/day and less than 700,000 m3/day.
9. A fine of between VND 220,000,000 and
250,000,000 for one of acts of exploring, exploiting and using water resources
without licenses as follows:
a) Exploiting, using underground water for
production, trading, service provision with capacity of 4,000 m3/day
or more;
b) Exploiting, using surface water for business,
service provision and non-agricultural production with capacity of 300,000 m3/day
and more;
c) Exploiting, using surface water for power
generation with engine capacity of 50,000 kW or more;
d) Exploiting, using sea water in serve of
production, trading, other service provision on land with capacity of 700,000 m3/day
or more.
10. Acts of exploring, exploiting, using water
resources after licenses are expired, they will be imposed sanction levels as
cases of no license defined at Clauses 2, 3, 4, 5, 6 ,7, 8 and 9 of this
Article, unless they have submitted dossiers of application for extension under
regulations.
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Forcible implementation of measures to remedy
water pollution, degradation, and depletion for violations specified at Clauses
2, 3, 4, 5, 6, 7, 8, 9 and 10 this article that cause pollution, decrease of
water quality and quantity.
Article 7. Violations of
provisions in licenses for exploration, exploitation and use of water resources
1. A fine of between VND 2,000,000 and 4,000,000
for one of following acts of violation:
a) Failing to provide complete and accurate data
and information about water resources at the sites of water resource
exploration, abstraction and utilization as requested by the authorized state
agencies.
b) Failing to report on results of water
resource exploration, abstraction and utilization to the authorized state
agencies as prescribed by law.
2. Where water is exploited or utilized at a
capacity exceeding the permitted capacity stated in the license, the
individuals or organizations shall be fined for the excess capacity in
accordance with sanctions stipulated in Article 6 of this Decree.
3. A fine of between VND 15,000,000 and
20,000,000 for one of following acts of violation:
a) Exploiting, using water resources in contrary
to purposes defined in licenses;
b) Exploiting, using water resources in contrary
to regimes defined in licenses;
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d) Exploiting, using surface water improper with
water sources defined in licenses;
dd) Exploiting, using underground water improper
with aquifers defined in licenses;
e) Exploring underground water improper with
contents defined in licenses;
4. A fine of between VND 20,000,000 and
30,000,000 or depriving the right to use of license for exploring, exploiting
and using water resources within from 01 (one) month to 03 (three) months, for
one of the following violations:
a) Failing to implement measures to assure the
safety, prevention and remedy of negative incidents occurring during
exploration, exploitation and utilization of water resources;
b) Exploiting and using surface water that fail
to ensure the minimum flow as defined in licenses;
5. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation, and depletion for violations specified at Clauses
3 and 4 of this article that cause pollution, decrease of water quality and
quantity.
Article 8. Violations of
regulations on underground water drilling practice
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2. A fine of between VND 20,000,000 and
30,000,000 for one of following acts of violation:
a) Constructing boreholes without observing
approved technical procedures and designs, causing negative impacts on
groundwater quantity and quality;
b) To practice improperly with scale defined in
license for underground water drilling practice;
c) To supply exploration drilling, underground
water exploitation drilling for organizations and individuals without license
of exploration, exploitation, use of underground water under regulations.
3. A fine of between VND 30,000,000 and
40,000,000 for one of following acts of violation:
a) Lending, leasing licenses for underground water
drilling practice;
b) To practice underground water drilling
without license for underground water drilling practice under law;
c) To practice underground water drilling after
license has been expired, unless they have submitted dossiers of application
for extension under regulations.
4. Additional sanction forms:
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5. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation, and depletion for violations specified at Clause
2, points b and c Clause 3 of this article that cause pollution, decrease of
water quality and quantity.
Article 9. Violations of
regulations on transfer of right to exploit water resources, modify to falsify
content of water resource license
1. A fine of between VND 5,000,000 and
10,000,000 or depriving the right to use of license, within from 03 (three)
months to 06 (six) months, for acts of modifying, falsifying content of
license.
2. A fine of between VND 30,000,000 and
50,000,000 or depriving the right to use of license, within from 06 (six)
months to 12 (twelve) months, for acts of transferring right to exploit water
resources without permission of agencies competent to grant license.
3. Remedial measures:
Forcible submission of illegal benefits gained
from committing acts of violations defined in this Article.
Article 10. Violations of
regulations on reservoirs
1. A fine of between VND 10,000,000 and
15,000,000 for one of the following violations in case of reservoirs with
volume of less than 1,000,000 m3:
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b) Using water surface of reservoirs for
aquaculture, trading in tourist and entertainment without permission in writing
of water resource state management agencies;
c) Failing to notify, report relating to
operation of works under regulations;
d) Failing to formulate plan on annual water
regulation of reservoirs or fail to implement annual water regulation of
reservoirs as planned.
2. A fine of between VND 20,000,000 and
30,000,000 for one of the violations defined at Clause 1 of this Article in
case of reservoirs with volume of between 1,000,000 m3 and less than
10,000,000 m3.
3. A fine of between VND 30,000,000 and
40,000,000 for one of the violations defined at Clause 1 of this Article in
case of reservoirs with volume of between 10,000,000 m3 and less
than 50,000,000 m3.
4. A fine of between VND 40,000,000 and
50,000,000 for one of the violations defined at Clause 1 of this Article in
case of reservoirs with volume of between 50,000,000 m3 and less
than 100,000,000 m3.
5. A fine of between VND 60,000,000 and
80,000,000 for one of the violations defined at Clause 1 of this Article in
case of reservoirs with volume of 100,000,000 m3 or more.
6. A fine of between VND 100,000,000 and 120,000,000
for one of following acts of violation:
a) Failing to ensure the minimum flow, unless
case defined at point b Clause 4 Article 7 of this Decree;
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7. A fine of between VND 200,000,000 and
220,000,000 for act of failing to formulate plan to deal with incident of
breaking dam, incidents threatening seriously to safety of works, lives and
assets of people.
8. A fine of between VND 220,000,000 and
250,000,000 for acts of failing to observe the orders of operating reservoirs
of competent state agencies in cases of floods, drought, lack of water and
other emergency cases.
Article 11. Violations of
regulations in implementation of process on operating combined reservoirs
1. A fine of between VND 10,000,000 and
15,000,000 for one of following acts of violation:
a) Failing to supply figures of observation,
forecast involving operation of reservoirs, volume into reservoirs under
regulations;
b) Failing to implement observation and
collection of meteorological and
hydrological information and data in serve of requirements in managing
operation and exploitation of reservoirs under regulations;
c) Failing to conduct observation, measure the water
level of reservoirs, the discharging volume or fail to calculate, forecast the
water volume into reservoir, water level of reservoirs in serve of reservoir
operation.
2. A fine of between VND 15,000,000 and
20,000,000 for acts of failing to notify, report on operation of works under
regulations;
3. A fine of between VND 120,000,000 and
150,000,000 for acts of failing to operate reservoirs to ensure the minimum
flow at downstream areas under regulations
in the process on operating the combined reservoirs;
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5. A fine of between VND 220,000,000 and
250,000,000 for acts of failing to operate reservoirs to cut down flood for
downstream areas under regulations in the process on operating the combined
reservoirs.
Article 12. Acts of
discharging sewage into water sources without license as prescribed by law
1. A fine of between VND 20,000,000 and
30,000,000 for acts of discharging sewage containing toxic chemicals,
radioactive substances into Water sources with sewage volume not exceeding 5 m3/day.
2. A fine of between VND 30,000,000 and
40,000,000 for one of following acts of violation:
a) Discharging sewage into water sources with
sewage volume of between more than 5 m3/day and less than 50 m3/day,
except for cases defined at point b this Clause;
b) Discharging aquaculture sewage into water sources
with sewage volume of between more than 10,000 m3/day and less than
30,000,000 m3/day;
3. A fine of between VND 40,000,000 and
60,000,000 for one of following acts of violation:
a) Discharging sewage into water sources with
sewage volume of between 50 m3/day and less than 100 m3/day,
except for cases defined at point b this Clause;
b) Discharging aquaculture sewage into water
sources with sewage volume of between 30,000 m3/day and less than
50,000,000 m3/day.
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a) Discharging sewage into water sources with
sewage volume of between 100 m3/day and less than 500 m3/day,
except for cases defined at point b this Clause;
b) Discharging aquaculture sewage into water
sources with sewage volume of between 50,000 m3/day and less than
100,000 m3/day.
5. A fine of between VND 100,000,000 and
120,000,000 for one of following acts of violation:
a) Discharging sewage into water sources with
sewage volume of between 500 m3/day and less than 1,000 m3/day,
except for cases defined at point b this Clause;
b) Discharging aquaculture sewage into water
sources with sewage volume of between 100,000 m3/day and less than
150,000 m3/day.
6. A fine of between VND 140,000,000 and 160,000,000
for one of following acts of violation:
a) Discharging sewage into water sources with
sewage volume of between 1,000 m3/day and less than 2,000 m3/day,
except for cases defined at point b this Clause;
b) Discharging aquaculture sewage into water sources
with sewage volume of between 150,000 m3/day and less than 200,000 m3/day.
7. A fine of between VND 180,000,000 and
220,000,000 for one of following acts of violation:
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b) Discharging aquaculture sewage into water
sources with sewage volume of between 200,000 m3/day and less than
300,000 m3/day.
8. A fine of between VND 220,000,000 and 250,000,000
for one of following acts of violation:
a) Discharging sewage into water sources with
sewage volume of 3,000 m3/day or more, except for cases defined at
point b this Clause;
b) Discharging aquaculture sewage into water
sources with sewage volume of 300,000 m3/day or more.
9. Establishments of production, business and
service discharging sewage into the urban drainage system but that system has
no license of discharging sewage into water sources, they will be imposed fines
corresponding to provision in point a of Clauses 2, 3, 4, 5, 6, 7 and 8 this
Article.
10. Acts of discharging sewage into Water
sources after license has been expired will be imposed the fine level like case
of no license defined at Clauses 1, 2, 3, 4, 5 ,6, 7 and 8 of this Article.
11. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation for violations specified at this article that
cause pollution, decrease of water quality and quantity.
Article 13. Violations of
regulations in licenses for discharging sewage into water sources
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to provide complete and accurate data
and information about discharging sewage into water resources as requested by
the authorized state agencies;
b) Failing to report on discharging sewage into
water sources to the authorized state agencies as prescribed by law.
2. For acts of discharging sewage into Water
sources in excess of the volume prescribed in license, the sewage volume
exceeding the prescribed level will be sanctioned according to Clauses 1, 2, 3,
4, 5, 6, 7, and 8 Article 12 of this Decree.
3. A fine of between VND 20,000,000 and
30,000,000 for acts of failing to install equipment to observe water volume and
quality as prescribed in license.
4. A fine of between VND 30,000,000 and
50,000,000 for one of following acts of violation:
a) Failing to implement measures to assure the
safety, prevention and remedy of negative incidents occurring during discharging
sewage into water resources;
b) Discharging sewage into water sources
improperly with locations prescribed in licenses;
c) Discharging sewage into water sources
improperly with regime, methods prescribed in licenses.
5. A fine of between VND 130,000,000 and
150,000,000 or depriving the right to use of license for discharging sewage
into water resources, within from 06 (six) months to 12 (twelve) months, for
one of the following violations:
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b) Discharging sewage into water sources
containing pollutants in excess of limitation prescribed in licenses.
6. Additional sanction forms:
Depriving the right to use of license for
discharging sewage into water sources, within from 03 (three) months to 06
(six) months, for one of violations at Clause 2 this Article.
7. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation, and depletion in case of violations specified in
this article that cause pollution, decrease of water quality and quantity.
Article 14. Violations of
regulations on water resource protection
1. A warning or fine of between VND 300,000 and
500,000 for acts of failing to fill in boreholes after having used or damaged
(for each borehole) in case not required licensing for exploration,
exploitation and use of underground water.
2. A fine of between VND 6,000,000 and
10,000,000 for acts of managing, operating works causing water loss,
wastefulness.
3. A fine of between VND 30,000,000 and
40,000,000 for one of following acts of violation:
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b) Failing to perform measures to protect
underground water when drilling for engineering geologic survey, geologic
exploration, exploration and exploitation of minerals and petroleum;
c) Failing to perform measures to protect
underground water when processing base of works, draining mines;
d) Failing to perform measures to protect
underground water in activities of drilling, digging and other activities under
regulations;
dd) Failing to fill in boreholes after having
used or damaged (for each borehole) in case where it is required licensing for
exploration, exploitation and use of underground water.
4. A fine of between VND 80,000,000 and
90,000,000 for acts of failing to comply with technical regulations on safety,
prevention of underground water deterioration and depletion when exploiting
minerals and building underground works.
5. A fine of between VND 100,000,000 and
120,000,000 for one of following acts of violation:
a) Failing to build system of collection and
separation between stormwater and sewage for projects on construction,
renovation and upgrading of production and business facilities;
b) Failing to build the sewage treatment system
for projects on construction, renovation and upgrading of production and
business facilities.
6. A fine of between VND 160,000,000 and
180,000,000 for acts of discharging sewage, bringing waste into hygiene
protection zone of area supplying daily-life water.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. A fine of between VND 220,000,000 and
250,000,000 for acts of discharging sewage into land through boreholes, digging
wells and other forms aiming to bring sewage into land.
9. Remedial measures:
a) Forcible dismantlement of the violating works
for violations in Clauses 6, 7 and 8 of this Article;
b) Forcible implementation of measures to remedy
water pollution, degradation for violations specified in this article in case
where such violations cause pollution, decrease of water quality.
Article 15. Violations of
regulations on prevention of water pollution, deterioration and depletion
1. A fine of between VND 3,000,000 and 5,000,000
for acts of failing to apply measures to waterproof, anti-spill for ponds,
lakes, zones containing sewage in case where sewage does not contain hazardous
waste.
2. A fine of between VND 10,000,000 and
15,000,000 for act of using pesticides, veterinary medicines and other
chemicals in planting, livestock and aquaculture that fail to ensure technical
regulations and cause water pollution.
3. A fine of between VND 30,000,000 and
50,000,000 for one of following acts of violation:
a) Failing to have plan on prevention against
water pollution, deterioration and depletion when building economic zones,
industrial parks, export processing zones, hi-tech parks, industrial clusters,
urban centers, concentrated resident areas, concentrated tourist, entertainment
areas, waterway traffic, road, underground works, works of water supply and
drainage , works of mineral exploitation, power plants, areas containing sewage
and establishments of production, business and service provision, other works
with risk of causing water pollution, deterioration and depletion;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND 50,000,000 and
70,000,000 for one of following acts of violation:
a) Failing to apply measures to ensure safety,
letting leakage, loss causing water pollution of establishments of production,
business, service provision, mineral exploitation, and other production
activities using hazardous chemicals;
b) Failing to apply measures to waterproof,
anti-spill for ponds, lakes containing sewage, areas containing sewage in case
where sewage contains hazardous waste.
5. A fine of between VND 200,000,000 and
220,000,000 for one of following acts of violation:
a) Pumping, drawing water, draining in mining,
building works resulting decrease of underground water levels causing water
depletion;
b) Failing to apply measures to limit, remedy
according to directions of competent agencies implementing state management
tasks of water resources when pumping, drawing water, draining in mining,
building works resulting decrease of underground water levels causing water
depletion.
6. A fine of between VND 220,000,000 and
250,000,000 for acts of discharging hazardous gas directly into water sources.
7. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation and depletion for violations specified in this
article in case where such violations cause pollution, decrease of water
quality and quantity.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 30,000,000 and
50,000,000 for acts of failing to formulate plans or failing to have necessary
means and devices for response, remedy of water source pollution incidents
caused by violations.
2. A fine of between VND 120,000,000 and
150,000,000 for acts of failing to apply measures to timely response to and
remedy water source pollution incidents caused by violations.
3. A fine of between VND 220,000,000 and
250,000,000 for acts of failing to apply measures to timely response to and
remedy negative incidents caused by violations that cause serious water
pollution.
4. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation by violations specified at Clauses 2 and 3 of this
article.
Article 17. Violations of
regulations on ensuring the flow traffic
1. A fine of between VND 200,000 and 500,000 for
acts of laying obstacles, planting trees blocking flood drainage, flow traffic
on rivers, springs, ponds, canals, ditches
2. A fine of between VND 3,000,000 and 5,000,000
for acts of laying pipelines or cables passing rivers, springs, canals, laying
cages, rafts on rivers blocking flows.
3. A fine of between VND 3,000,000 and 5,000,000
for acts of laying pipelines or cables passing rivers, springs, canals, placing
cages, rafts on rivers blocking flows.
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a) Forcible restoration of the initial state
which has been changed due to acts of violations in this Article;
b) Forcible dismantlement of works, removal of
obstacles on flows for violations specified in this Article.
Article 18. Violations of
regulations on protective corridor of water source
1. A fine of between VND 20,000,000 and
30,000,000 for acts of failing to apply measures to handle, control, supervise quality
of sewage, waste before discharging into land, water sources for establishments
operating in protective corridor of water source.
2. A fine of between VND 50,000,000 and
60,000,000 for acts of exploiting minerals, drilling, digging, building the works,
architectures in protective corridor of water source causing landslides at
riversides, banks of springs, canals, ditches and reservoirs.
3. A fine of between VND 150,000,000 and
150,000,000 for acts of building new hospitals, medical facilities for medical
treatment of Infectious Diseases, cemetery, landfills, facilities producing
hazardous chemicals, facilities producing and processing hazardous sewage in
protective corridor of water source.
4. Remedial measures:
a) Forcible dismantlement of the violating works
for violations in Clauses 2 and 3 of this Article;
b) Forcible implementation of measures to remedy
water pollution, degradation and depletion for violations specified in this
article in case where such violations cause pollution, decrease of water
quality and quantity.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 6,000,000 and
10,000,000 for one of acts of taking brackish water, saline water for use in
production causing saline infiltration at water resources.
2. A fine of between VND 10,000,000 and
20,000,000 for acts of failing to abide by the process, technical regulations
in management and operation of sewers to prevent saline, keep fresh water and
reservoirs, works that regulate flows causing saline infiltration at water
sources;
3. A fine of between VND 20,000,000 and
30,000,000 for acts of having no measure to prevent saline infiltration for
aquifers when exploring, taking underground water in delta and coastal areas.
4. Remedial measures:
Forcible implementation of measures to remedy
water pollution, degradation and depletion for violations specified in this
article in case where such violations cause pollution, decrease of water
quality and quantity.
Article 20. Violations of
regulations on prevention and combat of land subsidence and landslides at
riversides
1. A fine of between VND 10,000,000 and
15,000,000 for acts of failing to comply with technical regulations on safety,
prevention of land subsidence when exploiting, taking underground water,
exploring minerals; drilling for geologic and petroleum exploration.
2. A fine of between VND 30,000,000 and
40,000,000 for one of following acts of violation:
a) Further conducting underground water
exploration and exploitation when land subsidence happens
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Renovating river-bed, riversides, building
water works, water traffic, taking sand, gravel and other mineral on rivers,
lakes that cause effect to stability of river-bed, riversides, banks of lakes.
3. Additional sanction forms:
Depriving the right to use of license for
underground water exploration and exploitation, within from 03 (three) months
to 06 (six) months, for violations specified at points a, and b Clause 2 this
Article.
4. Remedial measures:
Forcible restoration of the initial state which
has been changed due to acts of violations specified at point c Clause 2 of
this Article.
Article 21. Violations of
regulations on water resource management
1. A fine of between VND 3,000,000 and 5,000,000
for act of causing obstruction to the collection, exchange, exploitation and
use of water resource data and information already been approved by competent
authorities.
2. A fine of between VND 10,000,000 and
15,000,000 for act of falsifying the water resource data and information as
requested by competent water resource state management agencies.
3. A fine of between VND 15,000,000 and
20,000,000 for act of misusing the data supply for self-seeking purposes, data
dissemination in contrary to legislations.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Remedial measures:
a) Forcible correction of information and data
which are falsified by acts of violations specified at Clause 2 of this
Article;
b) Forcible submission of illegal benefits gained
from committing acts of violations defined at Clause 3 of this Article.
Chapter 3.
ACTS OF ADMINISTRATIVE
VIOLATIONS IN MINERAL DOMAIN, SANCTION FORMS, SANCTION LEVELS AND REMEDIAL
MEASURES
Article 22. Violations of
regulations on field survey, taking samples on ground to select area for making
scheme on mineral exploration
To impose a fine on acts of field survey, taking
samples on ground to select area for making scheme on mineral exploration
without written acceptance of the provincial People’s Committees where have
minerals, specified as follows:
1. A fine of between VND 2,000,000 and 5,000,000
when making exploration scheme for minerals used to do normal building
materials of business households.
2. A fine of between VND 10,000,000 and 20,000,000
when making exploration scheme for minerals under the licensing authority of
the provincial People’s Committees, except for cases defined at Clause 1 of
this article.
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Article 23. Violations of
regulations on notification of exploration plan, report of mineral exploration
result, conditions for construction organization under scheme on mineral
exploration, obligations when permit of mineral exploration ceases to be
effective
1. To impose a fine on act of failing to notify
in writing the provincial People’s Committees where mineral exploration is conducted
about exploration plan before implementation, specified as follows:
a) A fine of between VND 2,000,000 and 5,000,000
for cases of exploring minerals used to do normal building materials of
business households;
b) A fine of between VND 5,000,000 and
10,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 10,000,000 and
20,000,000 for cases of mineral exploration under the licensing authority of
the Ministry of Natural Resources and Environment.
2. A fine of between VND 20,000,000 and
30,000,000 for act of submission later than 30 (thirty) days, from the final
day of report term or failing to send periodical reports on mineral exploration
activities to the mineral state management agencies.
3. To impose a fine on act of sending reports
with wrong content in excess of 10% between actual volume of mineral
exploration operation in comparison with volume stated in Scheme on mineral
exploration which has been approved by competent agencies, specified as
follows:
a) A fine of between VND 5,000,000 and
10,000,000 for cases of exploring minerals used to do normal building materials
of business households;
b) A fine of between VND 10,000,000 and
20,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. To impose a fine on act of having not yet
submit approval for mineral deposit after all exploration volume has been
implemented and time limit stated in license for mineral exploration is
expired, specified as follows:
a) A fine of between VND 10,000,000 and
20,000,000 for minerals under the licensing authority of the provincial
People’s Committees;
b) A fine of between VND 20,000,000 and
30,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
5. To impose a fine on act of failing to send
report on mineral exploration result enclosed with decision on approving
mineral deposit in geologic archival and to state agencies competent to
licensing within 90 (ninety) days after receiving decision on approving mineral
deposit, without legitimate reason, specified as follows:
a) A fine of between VND 20,000,000 and
30,000,000 for minerals under the licensing authority of the provincial
People’s Committees;
b) A fine of between VND 30,000,000 and
50,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
6. To impose a fine on act of conducting Scheme
on mineral exploration while not satisfying conditions for mineral exploration
practice under regulations, specifying as follows:
a) A fine of between VND 10,000,000 and
20,000,000 for cases of exploring minerals used to do normal building materials
of business households;
b) A fine of between VND 20,000,000 and
50,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
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7. A fine of between VND 70,000,000 and
100,000,000 for any of the following violations:
a) Failing to move all their assets and assets
of relevant parties from the exploration area after license for mineral
exploration ceases to be effective;
b) Failing to conduct the leveling of the
exploration works and protect minerals not yet been exploited as prescribed by
law after permit of mineral exploration ceases to be effective;
c) Failing to hand, submit specimens,
information of the collected minerals to the mineral state management agencies
as prescribed by law after permit of mineral exploration ceases to be
effective;
d) Arbitrarily changing the exploration method
or changing exploration volume with cost more than 10% of total estimate in the
approved Scheme on mineral exploration without acceptance of state management
agencies competent to licensing before implementation.
8. Remedial measures:
Forcible leveling of the exploration works,
implementation of measures to protect minerals which have not yet exploited,
restoration of environment and handing of specimens, information of minerals to
state management agencies competent to mineral for violations specified at
points a, b and c Clause 7 of this Article.
Article 24. Violations of
regulations on mineral exploration area
1. A fine of between VND 2,000,000 and 5,000,000
for act of setting up landmarks at angular closure points of area permitted
mineral exploration inconsistently with the prescribed specification or failing
to implement fully the setting up of landmarks at angular closure points of
area permitted mineral exploration.
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a) A fine of between VND 5,000,000 and
10,000,000 in case of exploring minerals used to do normal building materials
of business households;
b) A fine of between VND 10,000,000 and
20,000,000 in case of exploring other minerals under the licensing authority of
the provincial People’s Committees;
c) A fine of between VND 20,000,000 and
30,000,000 in case of exploring minerals under the licensing authority of the
Ministry of Natural Resources and Environment.
3. To impose a fine on act of mineral
exploration outside of boundary provided that exploration area in excess of
boundary is 10% or more of total area of zone permitted mineral exploration,
specifying as follows:
a) A fine of between VND 20,000,000 and
50,000,000 for cases of exploring minerals used to do normal building materials
of business households;
b) A fine of between VND 50,000,000 and
70,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 70,000,000 and
100,000,000 for cases of mineral exploration under the licensing authority of
the Ministry of Natural Resources and Environment.
4. Remedial measures:
Forcible leveling, restoration of environment in
the exploration area in excess of the permitted area for cases specified in
Clause 3 this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
To impose a fine on acts of transferring,
receiving transfer of the right to explore minerals without acceptance of state
management agencies competent to licensing, specifying as follows:
1. A fine of between VND 20,000,000 and
50,000,000 for cases of exploring minerals used to do normal building materials
of business households.
2. A fine of between VND 50,000,000 and
70,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at Clause 1 this
Article
3. A fine of between VND 70,000,000 and
100,000,000 for cases of mineral exploration under the licensing authority of
the Ministry of Natural Resources and Environment.
Article 26. Violations of
regulations on hazardous mineral exploration
1. A fine of between VND 50,000,000 and
70,000,000 or depriving the right to use the mineral exploration license, from
03 (three) months to 06 (six) months, for acts of failing to implement or
implement insufficiently measures to prevent environmental pollution which have
been defined in Scheme on mineral exploration but not yet caused environmental
pollution during exploration.
2. A fine of between VND 70,000,000 and
100,000,000 or depriving the right to use the mineral exploration license, from
06 (six) months to 09 (nine) months, for acts of failing to implement or
implement insufficiently measures to prevent environmental pollution which have
been defined in Scheme on mineral exploration, caused environmental pollution
during exploration.
3. A fine of between VND 100,000,000 and
150,000,000 or depriving the right to use the mineral exploration license, from
09 (nine) months to 12 (twelve) months, for acts of causing environmental
pollution during exploration and failing to implement sufficiently remedy
measures.
4. A fine of between VND 150,000,000 and
200,000,000 or depriving the right to use the mineral exploration license, from
12 (twelve) months to 16 (sixteen) months, for acts of causing environmental pollution
during exploration without implementation of any remedy measure.
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a) Forcible implementation of measures to
prevent environmental pollution, bad impacts to human health for violations
specified at Clause 1 this article;
b) Forcible sufficient implementation of
measures to remedy environmental pollution for violations specified at Clause 2
and Clause 3 this article.
Article 27. Violations of
other regulations on mineral exploration
1. To impose a fine on act of mineral exploration
without mineral exploration license as prescribed or mineral exploration
outside of boundary provided that exploration area in excess of boundary is 10%
or more of total area of zone permitted mineral exploration, specifying as
follows:
a) A fine of between VND 30,000,000 and
50,000,000 for cases of exploring minerals used to do normal building materials
of business households;
b) A fine of between VND 70,000,000 and
100,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 10,000,000 and
150,000,000 for cases of mineral exploration under the licensing authority of
the Ministry of Natural Resources and Environment, except for cases specified
at point d this Clause;
d) A fine of between VND 150,000,000 and
200,000,000 for cases of exploring gold, silver, precious stones, platinum,
hazardous minerals.
2. To impose a fine on act of exploration after
license of mineral exploration is expired (unless dossier of request for
extension of mineral exploration license is being considered by competent
agency under regulations) or mineral exploration in duration the right to use
mineral exploration license has been deprived, specifying as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 30,000,000 and
50,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 50,000,000 and
70,000,000 for cases of mineral exploration under the licensing authority of
the Ministry of Natural Resources and Environment, except for cases specified
at point d this Clause;
d) A fine of between VND 70,000,000 and
100,000,000 for cases of exploring gold, silver, precious stones, platinum,
hazardous minerals.
3. Forms of additional sanction:
a) To confiscate specimen being minerals;
confiscate means used to commit administrative violations for violations
specified at Clause 1 and Clause 2 this Article;
b) To suspend activities of mineral exploration,
from 01 (one) month to 06 (six) months, for cases of violations specified at
Clause 2 this Article.
4. Remedial measures:
Forcible leveling the exploration works,
restoration of environment in the explored area for cases of violations
specified at Clause 1 this Article.
Article 28. Violations of
regulations on mine fundamental construction, report on results of mineral
exploration activities, payment of charges for licensing mineral exploitation,
exploration, upgrading of mineral deposit, resources
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To impose a fine on acts of failing to
register for the beginning day of mine fundamental construction with state
agencies competent to licensing; failing to register for the beginning day of
exploitation with state agencies competent to licensing, specifying as follows:
a) A fine of between VND 20,000,000 and
30,000,000 for minerals under the licensing authority of the provincial
People’s Committees;
b) A fine of between VND 30,000,000 and
50,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
3. A fine of between VND 20,000,000 and
30,000,000 for any of the following violations:
a) To submit periodical reports on activities of
mineral exploitation to state management agencies competent to licensing later
than 15 (fifteen) days and less than 30 (thirty) days, from the final day of
report term;
b) Failing to keep information of result of
exploration and upgrading of mineral deposit, upgrading of natural resources in
areas permitted mineral exploitation.
4. A fine of between VND 30,000,000 and
50,000,000 for act of submitting periodical reports on mineral exploitation
activities to state management agencies competent to licensing later than 30
(thirty) days, from the final day of report term or failing to send periodical
reports on mineral exploitation activities under regulations.
5. To impose a fine on acts of failing to notify
the state management agencies competent to licensing about plan, volume,
duration of exploration, upgrading of mineral deposit, upgrading of natural resources
in scope of area permitted taking minerals before implementation, specifying as
follows:
a) A fine of between VND 20,000,000 and
30,000,000 for minerals under the licensing authority of the provincial
People’s Committees;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. For acts of failing to pay charges for grant
of right to exploit minerals under notification of competent state agencies,
apart from being handled as prescribed by Law on tax administration,
organizations and individuals committing violations are also applied form of
additional sanction which is depriving the right to use license for mineral
exploitation, from 04 (four) months to 06 (six) months.
Article 29. Violations of
regulations on mineral exploration area
1. A fine of between VND 3,000,000 and 5,000,000
for act of setting up landmarks at angular closure points of area permitted
mineral exploration inconsistently with the prescribed specification or failing
to implement fully the setting up of landmarks consistently with specification
at angular closure points of area permitted mineral exploration.
2. To impose a fine on act of failing to set up
landmarks consistently with specification at angular closure points of area
permitted mineral exploration, specifying as follows:
a) A fine of between VND 6,000,000 and
10,000,000, for minerals used to do normal building materials of business
households;
b) A fine of between VND 20,000,000 and
30,000,000, for minerals under the licensing authority of the provincial
People’s Committees, except for cases defined at point a this Clause;
c) A fine of between VND 30,000,000 and
50,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
3. To impose a fine on act of mineral
exploration in excess of limitation up to 10% or more of total area or total
height of zone permitted mineral exploration, specifying as follows:
a) A fine of between VND 30,000,000 and
50,000,000, for minerals used to do normal building materials of business
households;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 70,000,000 and
100,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
4. Forms of additional sanction:
a) Confiscating all mineral exploited in area in
excess of limitation or height of zone permitted exploiting for one of cases of
violations specified in Clause 3 this Article;
b) Depriving the right to use mineral
exploitation license, from 01 (one) month to 03 (six) months, for cases of
violations specified at Clause 3 this Article.
5. Remedial measures:
Forcible leveling, restoration of environment,
implementation of solutions to bring areas which have been exploited in excess
of the limitation, height permitted exploitation to the safe status; forcible
submission of illegal benefits gained from committing administrative violations
for violations specified at clause 3 this Article.
Article 30. Violations of
regulations on mine design
1. To impose a fine on acts of failing to submit
the approved mine design under regulations to state management agencies
competent to minerals, specifying as follows:
a) A fine of between VND 2,000,000 and
5,000,000, for minerals used to do normal building materials of business
households;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of between VND 30,000,000 and
50,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment.
2. To impose a fine on one of acts of mineral
exploitation improperly with the exploitation technology and method already
been defined in the approved mine design or stated in license of mineral
exploitation, investment projects of mineral exploitation without permission in
writing of competent state agencies, specifying as follows:
a) A fine of between VND 10,000,000 and
20,000,000, for minerals used to do normal building materials of business
households;
b) A fine of between VND 30,000,000 and
50,000,000 for minerals used to do normal building materials not using
industrial explosives; peat exploitation;
c) A fine of between VND 50,000,000 and
70,000,000 for minerals used to do normal building materials using industrial
explosives;
d) A fine of between VND 70,000,000 and
100,000,000 for cases of mineral exploration by open method, except for cases
specified at points a, b, c and e this Clause;
dd) A fine of between VND 100,000,000 and 150,000,000
for cases of mineral exploration by pit method, except for cases specified at
points a, b, c and e this Clause;
e) A fine of between VND 150,000,000 and
200,000,000 for hazardous minerals.
3. To impose a fine on act of mineral
exploitation without the approved mine design under regulation, specifying as
follows:
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b) A fine of between VND 50,000,000 and
70,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 70,000,000 and
100,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
d) A fine of between VND 100,000,000 and
200,000,000 for cases of mineral exploration by open method, except for cases
specified at points a, b, c and e this Clause;
dd) A fine of between VND 200,000,000 and
300,000,000 for mineral exploration by pit method, except for cases specified
at points a, b, c and e this Clause;
e) A fine of between VND 300,000,000 and
400,000,000 for hazardous minerals.
4. Forms of additional sanction:
Depriving the right to use mineral exploitation
license, from 06 (six) months to 12 (twelve) months, for cases of violations
specified at Clauses 2 and 3 this Article.
Article 31. Violations of
regulations on mine executive director
1. A fine of between VND 10,000,000 and
20,000,000 for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to notify in writing the state
management agencies competent to licensing of mineral exploitation about
professional qualification and capability of mine executive director;
c) Appointing one person who acts as mine
executive director to administer exploitation operation (at the same time) for
02 (two) mineral exploitation licenses or more;
2. To impose a fine on act of appointing mine
executive director failing to satisfy standards under regulation, specifying as
follows:
a) A fine of between VND 6,000,000 and
10,000,000, for minerals used to do normal building materials of business
households;
b) A fine of between VND 10,000,000 and
20,000,000 for minerals used to do normal building materials not using
industrial explosives; except for cases specified at point a this Clause; peat
exploitation;
c) A fine of between VND 30,000,000 and
50,000,000, for minerals under the licensing authority of the provincial
People’s Committees, except for cases defined at points a and b of this Clause;
d) A fine of between VND 50,000,000 and
70,000,000 for minerals under the licensing authority of the Ministry of
Natural Resources and Environment, except for cases specified at point dd this
Clause;
dd) A fine of between VND 70,000,000 and
100,000,000 for hazardous minerals.
3. To impose a fine on act of mineral
exploitation without mine executive director, specifying as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 30,000,000 and
50,000,000 for minerals used to do normal building materials not using
industrial explosives; except for cases specified at point a this Clause; peat
exploitation;
c) A fine of between VND 50,000,000 and
70,000,000 for minerals used to do normal building materials using industrial
explosives; except for cases specified at point a this Clause;
d) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration by open method, except for cases specified
at points a, b, c and e this Clause;
dd) A fine of between VND 120,000,000 and
150,000,000 for mineral exploration by pit method, except for cases specified
at points a, b, c and e this Clause;
e) A fine of between VND 160,000,000 and
200,000,000 for cases of exploiting hazardous minerals.
4. Forms of additional sanction:
a) Suspending mineral exploitation, from 03
(three) months to 6 (six) months for violations specified at points a and b
Clause 3 of this Article;
b) Depriving the right to use mineral exploitation
license, from 03 (three) months to 06 (six) months, for cases of violations
specified at points c, d, dd and e Clause 3 of this Article.
Article 32. Violations of
regulations on making status quo maps, drawings of status quo cross sections of
area permitted exploitation; making statistics, inventory of mineral deposit,
output of minerals which have been exploited
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of between VND 3,000,000 and
5,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 10,000,000 and 20,000,000
for exploiting minerals used to do normal building materials not using
industrial explosives; except for cases specified at point a this Clause; peat
exploitation;
c) A fine of between VND 20,000,000 and
30,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at point a this Clause;
d) A fine of between VND 30,000,000 and
50,000,000 for mineral exploration by open method, except for cases specified
at points a, b, c and e this Clause;
dd) A fine of between VND 50,000,000 and
70,000,000 for mineral exploration by pit method, except for cases specified at
points a, b, c and e this Clause;
e) A fine of between VND 70,000,000 and
100,000,000 for exploiting hazardous minerals.
2. To impose a fine on act of making mine status
quo maps, status quo cross section of area permitted exploitation but
information and data on map, cross section are inexact in comparison with
reality of mineral exploitation status quo (except for cases of exploiting
sand, gravel in river, spring-beds, sand at sea, exploitation of hot water,
mineral water) as follows:
a) A fine of between VND 3,000,000 and
5,000,000, for minerals used to do normal building materials of business
households;
b) A fine of between VND 10,000,000 and
20,000,000 for minerals used to do normal building materials not using
industrial explosives; except for cases specified at point a this Clause; peat
exploitation;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of between VND 50,000,000 and
70,000,000 for mineral exploration by open method, except for cases specified
at points a, b, c and e this Clause;
dd) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration by pit method, except for cases specified
at points a, b, c and e this Clause;
e) A fine of between VND 120,000,000 and
150,000,000 for hazardous minerals.
3. To impose a fine on act of failing to make
the mine status quo maps; failing to make status quo cross section of area
permitted exploitation, specifying as follows:
a) A fine of between VND 10,000,000 and
20,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 30,000,000 and
50,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 50,000,000 and
70,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at point a this Clause;
d) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration by open method, except for cases specified
at points a, b, c and e this Clause;
dd) A fine of between VND 100,000,000 and
150,000,000 for mineral exploration by pit method, except for cases specified
at points a, b, c and e this Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. To impose a fine on acts of failing to send
or send result of making statistics, inventory of the remaining mineral
deposits in area permitted exploitation to state management agencies competent
to licensing later than 30 (thirty) days from the final day of report term on
mineral exploitation activities:
a) A fine of between VND 20,000,000 and
30,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 30,000,000 and
50,000,000 for cases of mineral exploration under the licensing authority of
the provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
5. To impose a fine on act of failing to conduct
the work of making statistics, inventory of the remaining mineral deposit in
area permitted exploitation, specifying as follows:
a) A fine of between VND 30,000,000 and
50,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 50,000,000 and
70,000,000, for mineral exploitation under the licensing authority of the
provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
6. Forms of additional sanction:
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b) Depriving the right to use mineral
exploitation license, from 04 (four) months to 06 (six) months, for cases of
violations specified at Clause 5 of this Article.
Article 33. Violations of
regulations on the permitted exploitation output
1. To impose a fine on act of exploitation in
excess of the permitted annual exploitation output as stated in mineral
exploration license, specifying as follows:
a) A fine of between VND 10,000,000 and
20,000,000, for minerals used to do normal building materials of business
households;
b) A fine of between VND 30,000,000 and
50,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 50,000,000 and
70,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at point a this Clause;
exploitation of mineral water, sand, gravel at river-bed;
d) A fine of between VND 70,000,000 and
100,000,000 for exploiting other minerals, except for cases specified at points
a, b and c this Clause;
dd) A fine of between VND 120,000,000 and
150,000,000 for exploiting gold, silver, platinum, hazardous minerals.
2. To impose a fine on act of exploitation in
10% - 20% excess of the permitted annual exploitation output as stated in
mineral exploration license, specifying as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of between VND 50,000,000 and
70,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 70,000,000 and
100,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at point a this Clause;
exploitation of mineral water, sand, gravel at river-bed;
d) A fine of between VND 120,000,000 and
150,000,000 for exploiting other minerals, except for cases specified at points
a, b and c this Clause;
dd) A fine of between VND 160,000,000 and
200,000,000 for exploiting gold, silver, platinum, hazardous minerals.
3. To impose a fine on act of exploitation in
20% - 50% excess of the permitted annual exploitation output as stated in
mineral exploration license, specifying as follows:
a) A fine of between VND 30,000,000 and 50,000,000,
for exploiting minerals used to do normal building materials of business
households;
b) A fine of between VND 70,000,000 and
100,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 120,000,000 and
150,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at point a this Clause;
exploitation of mineral water, sand, gravel at river-bed;
d) A fine of between VND 160,000,000 and
200,000,000 for exploiting other minerals, except for cases specified at points
a, b and c this Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Forms of additional sanction:
a) To confiscate all material evidences being
minerals which have been exploited in excess of the permitted exploitation
output as stated in mineral exploitation license;
b) Depriving the right to use mineral
exploitation license, from 02 (two) months to 04 (four) months, for violations
specified at Clause 2 this Article;
c) Depriving the right to use mineral exploitation
license, from 04 (four) months to 06 (six) months, for violations specified at
Clause 3 this Article.
5. Remedial measures:
Forcible implement measures to remedy
environmental pollution, damages of technical infrastructure; forcible return
of all mineral volume or value in money gained from exploitation in excess of
the permitted exploitation output.
Article 34. Violations of
regulations on exploiting minerals used to do normal building materials not
required mineral exploitation license
1. To impose a fine on act of exploiting
minerals used to do normal building materials in land area belonging to land
use right of households, individuals without use to build works of households,
individuals in such area, specifying as follows:
a) A fine of between VND 6,000,000 and
10,000,000 for cases of using minerals after exploitation as a gift to other
persons.
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2. A fine of between VND 50,000,000 and
70,000,000 for one of acts of failing to register the zone, output, volume,
method, equipment and plan of exploitation at the provincial People’s
Committees where have minerals for exploitation of minerals used to do normal
building materials in land area of projects on works construction investment
already been approved or permitted investment by competent state agencies,
provided that products of exploitation are used for construction of such works.
3. To impose a fine on act of exploiting
minerals used to do normal building materials in land area of projects on works
construction investment already been approved or permitted investment by
competent state agencies but products of exploitation are not used for
construction of such works, specifying as follows:
a) A fine of between VND 50,000,000 and
70,000,000 in cases where minerals after exploitation are used for other
projects, works;
b) A fine of between VND 70,000,000 and
100,000,000 in cases where minerals after exploitation are sold to other
organizations and individuals.
4. Forms of additional sanction:
To confiscate all material evidences being
minerals which are not used to build the works of households, individuals or
build works of organizations, for violations specified at Clause 1 and Clause 3
this Article.
5. Remedial measures:
Forcible return of illegal benefit gained from
committing administrative violations for violations specified at Clause 1 and
Clause 3 of this article.
Article 35. Violations of
regulations on exploration right transfer
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1. A fine of between VND 30,000,000 and
50,000,000, for exploiting minerals used to do normal building materials of
business households.
2. A fine of between VND 120,000,000 and
150,000,000 for other mineral exploration under the licensing authority of the
provincial People’s Committees, except for cases defined at Clause 1 this
Article;
3. A fine of between VND 260,000,000 and
300,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
Article 36. Violations of
regulations on obligations when winning auction of right to exploit minerals
1. A fine of between VND 20,000,000 and
30,000,000 for act of failing to submit dossier of request for grant of mineral
exploration license to state agencies competent to licensing within 06 (six)
months from the ending day of auction under regulations.
2. A fine of between VND 30,000,000 and
50,000,000 for act of failing to submit dossier of request for grant of mineral
exploitation license to state agencies competent to licensing within 12
(twelve) months from the ending day of auction under regulations.
3. For acts of failing to pay charges for
winning auction of right to exploit minerals according to notification of
competent state agencies, apart from being handled as prescribed by Law on tax
administration, organizations and individuals committing violations are also
applied form of additional sanction which is depriving the right to use license
for mineral exploitation, from 04 (four) months to 06 (six) months.
Article 37. Violations of
other regulations in mineral exploration
1. To impose a fine on acts of exploiting
minerals used to do normal building materials not using industrial explosives
without mineral exploitation license, specifying as follows:
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b) A fine of between VND 6,000,000 and
10,000,000 for exploiting with the exploited-mineral volume of between 5m3/day
and less than 10 m3/day;
c) A fine of between VND 12,000,000 and
20,000,000 for exploiting with the exploited-mineral volume of between 10m3/day
and less than 15 m3/day;
d) A fine of between VND 30,000,000 and
40,000,000 for exploiting with the exploited-mineral volume of between 15 m3/day
and less than 20 m3/day;
dd) A fine of between VND 50,000,000 and
60,000,000 for exploiting with the exploited-mineral volume of between 20 m3/day
and less than 25 m3/day;
e) A fine of between VND 50,000,000 and
70,000,000 for exploiting with the exploited-mineral volume of 25 m3/day
or more.
2. To impose a fine on act of exploration after
license of mineral exploration is expired (unless they have submitted dossiers
of request for extension of mineral exploration license and dossiers are being
considered by competent agency under regulations) or mineral exploration in
duration the right to use mineral exploration license has been deprived;
exploitation in excess of 50% or more up to 100% in comparison with the
permitted annual exploitation output as stated in mineral exploitation license,
specifying as follows:
a) A fine of between VND 40,000,000 and
60,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 80,000,000 and
110,000,000 for exploiting minerals used to do normal building materials not
using industrial explosives; except for cases specified at point a this Clause;
peat exploitation;
c) A fine of between VND 140,000,000 and
160,000,000 for exploiting minerals used to do normal building materials using
industrial explosives; except for cases specified at points a and b this
Clause; exploitation of mineral water, sand, gravel at river-bed;
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dd) A fine of between VND 230,000,000 and
260,000,000 for exploiting gold, silver, platinum, hazardous minerals.
3. To impose a fine on act of mineral
exploitation without mineral exploitation license under regulation, except for
cases specified at Clause 1 this Article or exploitation in 100% excess of the
permitted annual exploitation output as stated in mineral exploration license,
specifying as follows:
a) A fine of between VND 50,000,000 and
70,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 150,000,000 and
200,000,000 for minerals used to do normal building materials not using
industrial explosives; peat exploitation;
c) A fine of between VND 250,000,000 and
300,000,000 for minerals used to do cement materials minerals used to do normal
building materials using industrial explosives; exploitation of mineral water;
d) A fine of between VND 500,000,000 and
600,000,000 for other minerals, except for cases specified at points a, b and c
this Clause;
dd) A fine of between VND 800,000,000 and
1,000,000,000 for gold, silver, platinum, hazardous minerals.
4. Forms of additional sanction:
a) To confiscate all material evidences being
minerals; confiscate means used to commit administrative violations for
violations specified in this Article;
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c) Depriving the right to use mineral
exploitation license, from 06 (six) months to 12 (twelve) months, for cases of
violations in 100% excess of output as specified at Clause 3 this Article.
5. Remedial measures:
Forcible implementation of solutions to remedy
environment of the exploited zone, bring areas which have been exploited to the
safe status for violations specified at clauses 1 and 3 this Article.
Article 38. Violations of
regulations on exploration mine closure
1. To impose a fine on act of implementing
insufficiently solutions to bring the exploited zone to the safe status,
restore land which have been defined in the scheme on mineral mine closure
already been approved by competent authorities, specifying as follows:
a) A fine of between VND 10,000,000 and
20,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 30,000,000 and
50,000,000, for mineral exploitation under the licensing authority of the
provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 50,000,000 and
70,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
2. To impose a fine on act of failing to
implement solutions to bring the exploited zone to the safe status, restore
land which have been defined in the scheme on mineral mine closure already been
approved by competent authorities, specifying as follows:
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b) A fine of between VND 50,000,000 and
70,000,000, for mineral exploitation under the licensing authority of the
provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
3. To impose a fine on acts of failing to make
scheme on mine closure for cases specified in Article 73 of Law on minerals,
specifying as follows:
a) A fine of between VND 30,000,000 and
50,000,000, for exploiting minerals used to do normal building materials of
business households;
b) A fine of between VND 50,000,000 and
70,000,000, for mineral exploitation under the licensing authority of the
provincial People’s Committees, except for cases defined at point a this
Clause;
c) A fine of between VND 70,000,000 and
100,000,000 for mineral exploration under the licensing authority of the
Ministry of Natural Resources and Environment.
4. A fine of between VND 200,000,000 and
300,000,000 for acts of dismantling, destroying the works, equipment ensuring
mine safety, protecting environment at zones of mineral exploitation after
license ceased to be effective.
5. Remedial measures:
a) Forcible implementation of all solutions to
bring the exploited zone to the safe status, restore land according to the
scheme on mineral mine closure already been approved by competent authorities,
for violations specified at Clauses 1 and 2 this Article;
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Article 39. Violations of
regulations on lawful rights and benefits of localities and people where
minerals are exploited
1. A fine of between VND 30,000,000 and
50,000,000 for act of implementing insufficiently the works items of upgrading,
repair, construction of traffic roads in serve of mineral exploitation which
have been defined in the approved projects on mineral exploitation works
investment, mine design.
2. A fine of between VND 70,000,000 and
100,000,000 for act of failing to implement the works items of upgrading,
repair, construction of traffic roads in serve of mineral exploitation which
have been defined in the approved projects on mineral exploitation works
investment, mine design.
3. Remedial measures:
Forcible implementation of all the works items
of upgrading, repair, construction of traffic roads for violations specified in
this Article.
Article 40. Violations of
regulations on using mineral information
1. A fine of between VND 25,000,000 and
40,000,000 for act of using mineral information to make scheme on mineral
exploration or investment projects on mineral exploitation, provided such
information is not supplied by competent state agencies under regulations.
2. A fine of between VND 70,000,000 and
100,000,000 or depriving the right to use mineral exploitation license with a
defined term from 03 (three) months to 06 (six) months for acts of failing to
return costs for mineral geology basic survey, mineral exploration when using
mineral information in serve of mineral exploitation (unless they have invested
in mineral geology basic survey, mineral exploration under regulations).
Article 41. Violations of
regulations on making mineral reports when have new discovery during mineral
survey, exploration and exploitation
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2. A fine of between VND 30,000,000 and
50,000,000 for act of failing to report kinds of mineral detected in zone of
survey, mineral evaluation, and mineral exploration to state management
agencies competent to licensing.
3. A fine of between VND 70,000,000 and
100,000,000 for act of failing to report in writing to state management agencies
competent to licensing when detecting new minerals during exploitation.
4. Forms of additional sanction:
Depriving the right to use mineral exploitation
license, from 03 (three) months to 06 (six) months, for violations specified at
Clause 3 this Article.
Article 42. Violations of
regulations in mineral geology basic survey
1. A fine of between VND 5,000,000 and
10,000,000 for act of failing to register for mineral geology basic survey at
mineral state management agencies under regulations, before implementation.
2. A fine of between VND 10,000,000 and
20,000,000 for act of conducting the mineral geology basic survey
inconsistently with the scheme already approved by competent state management
agencies.
3. A fine of between VND 20,000,000 and 30,000,000
for any of the following violations:
a) Disclosing information of geology, minerals
during the course of mineral geology basic survey;
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c) Submitting reports on result of mineral
geology basic survey, geology specimens to the mineral state management
agencies later than 30 (thirty) days;
d) Implementing the work of mineral geology basic
survey without permission in writing of competent state agencies.
4. A fine of between VND 30,000,000 and
50,000,000 for any of the following violations:
a) Failing to submit to competent state
management agencies for approving reports on result of mineral geology basic
survey;
b) Failing to submit reports on result of
mineral geology basic survey, geology specimens to the mineral state management
agencies under regulations.
Article 43. Violations of
other regulations on mineral management
1. To impose a fine on act of misusing
exploration to exploit minerals, specifying as follows:
a) A fine of between VND 30,000,000 and
50,000,000, for exploring minerals used to do normal building materials of
business households;
b) A fine of between VND 60,000,000 and
100,000,000 for mineral exploration under the licensing authority of the
provincial People’s Committees, except for cases defined at point a this
Clause;
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d) A fine of between VND 400,000,000 and
500,000,000 for exploring minerals being gold, silver, platinum.
2. A fine of between VND 70,000,000 and
100,000,000 for act of mineral exploitation causing damaged of minerals in
excess of 10% or more in comparison with the norm damage level as defined in
the approved projects on mineral exploitation investment, mine design.
3. A fine of between VND 150,000,000 and
200,000,000 for acts of failing to revoke the associated minerals which have
been defined in the approved investment projects.
4. Forms of additional sanction:
a) Confiscating all material evidences being
minerals for violations specified at Clause 1 this Article;
b) Depriving the right to use mineral
exploration license, from 06 (six) months to 12 (twelve) months, for violations
specified at points b, c and d Clause 1 this Article;
c) Depriving the right to use mineral
exploitation license, from 03 (three) months to 06 (six) months, for violations
specified at Clauses 2 and 3 this Article.
Chapter 4.
THE AUTHORITIES OF
ADMINISTRATIVE VIOLATION SANCTION AND APPLICATION OF REMEDIAL MEASURES IN
DOMAINS OF WATER RESOURCES AND MINERALS
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1. Specialized inspectors, persons assigned to
implement tasks of specialized inspectors in Natural Resources and Environment
on duty have the powers:
a) To impose a warning;
b) To fine up VND 500,000;
c) To confiscate material evidences, means used
for commission of administrative violations with value not exceeding VND
500,000;
d) To apply remedial measures specified at
points c and i Clause 3 article 2 of this Decree.
2. The Chief Inspectors of the provincial
Departments of Natural Resources and Environment; heads of specialized
inspection teams under inspection decisions and decisions on establishment of
inspection teams of General Director of the General Department of Geology and
Minerals of Vietnam, Directors of the provincial Departments, the Chief
Inspectors of the provincial Departments of Natural Resources and Environment
have powers:
a) To impose a warning;
b) To fine up VND 50,000,000;
c) To deprive the right to use license, practice
certificate in a defined term or suspend operation with a defined term;
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dd) To apply remedial measures specified in this
Decree.
3. Head of specialized inspection teams under
inspection decisions and decisions on establishment of inspection teams of
Minister of Natural Resources and Environment, the Chief Inspector of the
Ministry of Natural Resources and Environment have powers:
a) To impose a warning;
b) To fine up to VND 175,000,000 for acts of
administrative violations in domain of water resources; fine up to VND
250,000,000 for acts of administrative violations in mineral domain;
c) To deprive the right to use license, practice
certificate in a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used
for commission of administrative violations with value not exceeding the
respective fine level specified at point b this clause;
dd) To apply remedial measures specified in this
Decree.
4. The Chief Inspector of the Ministry of
Natural Resources and Environment, General Director of the General Department
of Geology and Minerals of Vietnam have powers:
a) To impose a warning;
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c) To deprive the right to use license, practice
certificate in a defined term or suspend operation with a defined term;
d) To confiscate material evidences and means
used to commit administrative violations;
dd) To apply remedial measures specified in this
Decree.
Article 45. Authorities of
the chairpersons of People’s Committee at all levels
1. The commune-level People's Committee
presidents have powers:
a) To impose a warning;
b) To fine up VND 5,000,000;
c) To confiscate material evidences, means used
for commission of administrative violations with value not exceeding VND
5,000,000;
d) To apply remedial measures specified at
points c, e and i Clause 3 article 2 of this Decree.
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a) To impose a warning;
b) To fine up VND 50,000,000;
c) To deprive the right to use license, practice
certificate in a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used
for commission of administrative violations with value not exceeding VND
50,000,000;
dd) To apply remedial measures specified in this
Decree.
3. The provincial People's Committee presidents
have powers:
a) To impose a warning;
b) To fine up to VND 250,000,000 for acts of
administrative violations in domain of water resources; fine up to VND 1,000,000,000
for acts of administrative violations in mineral domain;
c) To deprive the right to use license, practice
certificate in a defined term or suspend operation with a defined term;
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dd) To apply remedial measures specified in this
Decree.
Article 46. Authorities of
administrative violation sanction of People's Police, Border Guard, Marine
Police, Customs agencies, Forest Ranger, tax agencies, Maritime Port Authorities,
Inland Waterway Port Authorities and specialized Inspectors
1. Persons competent to sanction of Police
agencies, Border Guard, Marine Police, Customs agencies, Forest Ranger, Tax
agencies, Maritime Port Authorities, Inland Waterway Port Authorities have
authority to sanction administratively and apply remedial measures for
administrative violations defined at Chapter II and Chapter III of this Decree
as prescribed in Articles 39, 40, 41, 42, 43, 44, 47 and 52 of Law on handling
administrative violations in the areas under their assigned management,
function, tasks and powers.
2. Persons competent to sanction of specialized
inspection agencies have authority to sanction administratively and apply
remedial measures for administrative violations defined at Chapter II and
Chapter III of this Decree under sectors and fields managed by them as
prescribed in Article 46 and 52 of Law on handling administrative violations.
Article 47. Authority to
make written records of administrative violations
1. Persons competent to make written record
include:
a) Persons competent to sanction administrative
violations in domains of water resources and minerals;
b) Cadres, civil servants of agencies defined at
Articles 44, 45 and 46 of this Decree on duty.
2. Persons competent to make written record as
prescribed in Clause 1 this Article have power to make administrative written
record on administrative violations within scope of implementing the assigned
duties and tasks according to the set form and take responsibilities about
making written record.
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In case when an act of violations have been made
written record, then individuals and organizations still continue committing
although persons competent to sanction have force terminate acts of violations,
when issuing decision on sanction for that act, the competent person may apply
additionally aggravating circumstances defined at point i Clause 1article 10 of
Law on handling of administrative violations.
4. If individuals and organizations commit many
acts of administrative violations in the same violation case or repeated
violations for many times, the written record of sanction must present
sufficiently violations or number of violation times.
Chapter 5.
IMPLEMENTATION
PROVISIONS
Article 48. Effect
1. This Decree takes effect on December 15, 2013.
2. This Decree replaces Government’s Decrees:
No. 34/2005/ND-CP dated March 17, 2005 providing for sanction of administrative
violations in domain of water resources; No. 150/2004/ND-CP dated July 29,
2004, providing for sanction of administrative violations in mineral sector;
No. 77/2007/ND-CP dated May 10, 2007, on amending and supplementing a number of
Articles of Government’s Decree No. 150/2004/ND-CP dated July 29, 2004,
providing for sanction of administrative violations in mineral domain.
Article 49. Transitional
provisions
1. Violations which have happened before this
Decree takes effect but not yet been sanctioned and being considered, settled
or defected after this Decree takes effect, sanction will apply Decree No.
34/2005/ND-CP, Decree No. 150/2004/ND-CP and Decree No. 77/2007/ND-CP. In case
where provisions on sanction in this Decree are more beneficial for
organizations and individuals, provisions in this Decree will be applied for
sanction.
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Article 50. Organization of
implementation and responsibilities of implementation
1. The Minister of Natural Resources and
Environment shall guide and organize implementation of this Decree.
2. Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, chairpersons of provincial/municipal
People’s Committee shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung