THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
26-CP
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Hanoi
,April 26, 1996
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN
ENVIRONMENTAL PROTECTION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Environmental Protection of December 27, 1993;
Pursuant to the Ordinance on the Handling of Violations of Administrative
Regulations of July 6, 1995;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The
sanctions against administrative violations in environmental protection are
based on the following principles:
1. Any act, whether deliberate or not, which
violates the principles of State management of environmental protection
(hereunder referred to as administrative violation in environmental protection)
by an organization or individual shall be subject to administrative sanctions
if it is not yet serious enough to be examined for criminal liability as
provided for by law.
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A foreign organization or foreigner that has
committed an administrative violation in environmental protection on the
territory, exclusive economic zone and continental shelf of the Socialist
Republic of Vietnam shall also be sanctioned as stipulated by this Decree,
except otherwise stipulated by an international treaty which Vietnam has signed
or acceded to.
3. All administrative violations of
environmental protection must be promptly discovered and immediately stopped.
The sanction must be handed rapidly, justifiably and in accordance with law;
all consequences on the environment caused by administrative violations must be
overcome as stipulated. An organization or individual that has committed an
administrative violation in environmental protection and caused material damage
must pay compensation as provided for by law.
4. Each administrative violation in
environmental protection shall be sanctioned only once.
A person who commits several administrative
violations in environmental protection shall be sanctioned for each violation.
If many persons commit an administrative
violation in environmental protection, each of them shall be fined.
5. The sanction against administrative
violations in environmental protection must be based on the character and
seriousness of the violation, the personality of the offender, the attenuating
factors and the aggravating factors in order to decide the suitable form of
sanction and suitable punitive measures under the provisions of this Decree.
6. Administrative violations of environmental
protection which are committed in emergency cases, in unexpected developments,
or while the offender is suffering from mental disorder or other diseases which
render him/her unconscious of his/her action or incapable of controlling
his/her action shall not be fined.
Article 2.- Compensation
for environmental damage:
Compensation for the damage caused by
administrative violations in environmental protection shall be made on the
principle of mutual agreement between the author and the victim of the damage.
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Article 3.- The statute
of limitation set for the sanction against administrative violations in environmental
protection:
1. The statute of limitation for sanctioning an
administrative violation in environmental protection is 2 years from the date
when the violation is committed. Past that limitation, no sanction shall be
imposed, but measures mentioned in Points (a), (b) and (d) of Item 3, Article
11, of the Ordinance on the Handling of Violations of Administrative
Regulations can be taken.
2. With regard to a person who is being examined
for penal liability or who is under prosecution, or whose violation of the Law
on Environmental Protection has been decided for trial in accordance with the
legal proceedings against criminal actions, but a decision has been issued to
cancel the investigation or to cancel the trial, he/she shall be subject to an
administrative sanction if his/her action bears signs of an administrative
violation in environmental protection; the statute of limitation set for
administrative sanction is 3 months beginning from the date when the revocation
decision is issued.
3. Within the time limit set in Item 1 and Item
2 of this Article, if an individual or organization commits a new
administrative violation in environmental protection, or deliberately evades or
obstructs the sanction, then the time limit shall begin from the point of time
when the new violation is committed, or from the point of time when the
deliberate evasion or obstruction of the sanction ceases.
4. One year after the decision on sanction is
effected or after the decision expires, if an organization or individual sanctioned
for administrative violation in environmental protection does not commit a new
violation, this organization or individual shall be considered as not having
been sanctioned for administrative violation in environmental protection.
Article 4.- Assignment
of competence for sanctioning administrative violations in environmental
protection:
1. The Presidents of the People’s Committees at
different levels are authorized to sanction administrative violations in
environmental protection in their localities.
2. The General Inspector and Inspectors in
environmental protection of the Ministry of Science, Technology and
Environment, the Department of Environment, and the Science, Technology and
Environment Service are authorized to sanction administrative violations in
environmental protection in the fields under their agencies’ management.
3. If an administrative violation of
environmental protection comes under the jurisdiction of many agencies, the
sanctioning shall be effected by the agency which is the first to deal with the
violation.
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5. If an administrative violation of
environmental protection bears the signs of a crime, the authorized persons
mentioned in Item 1 and Item 2 of this Article must immediately submit the
dossier to the investigation agency or the People’s Procuracy of the same level
for settlement.
The use of administrative sanction against a
violation of environmental protection which bears signs of a crime is strictly
forbidden.
Article 5.- Application
of the forms of fine and other measures:
1. In case of monetary fine, the specific fining
rate for an administrative violation is the average rate of the frame of
monetary fines set for that violation; if a violation involves an attenuating
factor, the rate may be reduced, but not lower than the minimum rate of the
frame of monetary fines; if a violation involves an aggravating factor, the
rate may be increased, but not higher than the maximum rate of the frame of
monetary fines.
The attenuating and aggravating factors shall be
applied as stipulated in Article 7 and Article 8 of the Ordinance on the
Handling of Violations of Administrative Regulations.
2. The forms of additional sanction and other
measures must be applied in addition to the main form of sanction if this
Decree provides for the supplementary sanction and other measures against
administrative violations in order to deal thoroughly with the violations,
eliminate the cause and conditions for further violations and overcome the
consequences caused by administrative violations.
Chapter II
ADMINISTRATIVE
VIOLATIONS IN ENVIRONMENTAL PROTECTION, FORMS AND RATES OF FINING
Article 6.- Violations
in the prevention of pollution and environmental degradation:
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2. A fine of 500,000 VND to 2,000,000 VND shall
be imposed on one of the following violations:
a/ Failing to file a declaration of
environmentally related activities of an operating establishment;
b/ Failing to file a report evaluating the
environmental impact of projects or operating establishments examined by the
authorities of the provinces and cities under the Central Government according
to the list issued by the State management agency on environmental protection;
c/ Obstructing the investigation, examination,
supervision and evaluation of the current environmental conditions and the
inspection of environmental protection conducted by the State management agency
on environmental protection.
3. A fine of from 2,000,000 VND to 5,000,000 VND
for one of the following violations:
a/ Failing to file or filing beyond the set time
limit a report evaluating the environmental impact of projects or operating
establishments examined by the central level according to the list issued by
the State management agency on environmental protection;
b/ Failing to carry out or improperly carrying
out the requirements written in the examination paper or the license on
environment granted by the State management agency on environmental protection.
4. The forms of additional sanction and other
measures against violations of this Article include:
a/ Suspending up to 6 months the environmental-friendly
certificate regarding violations mentioned in Point (b), Item 3, of this
Article;
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Article 7.- Violations
of the protection of bio-diversity and natural preserves:
1. A fine of from 500,000 VND to 1,500,000 VND
for one of the following violations:
a/ Exploiting biological resources not in the
right season and area, and with the method, tools and means of mass
destruction, damaging to the bio-diversity and causing ecological imbalance;
b/ Using and exploiting natural preserves
without a permit issued by the authorized agency;
c/ Using and exploiting natural preserves not in
accordance with the stipulations written in the permit.
2. A fine of from 2,000,000 VND to 6,000,000 VND
for one of the following violations:
a/ Repeating the exploitation of biological resources
that damages the bio-diversity and causes ecological imbalance.
b/ Repeating the use and exploitation of natural
preserves without a permit or not in accordance with the stipulations written
in the permit.
3. A fine of from 20,000,000 VND to 30,000,000
VND for a violation mentioned in Item 2 of this Article if it involves
aggravating factors.
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a/ Confiscation of the exhibits, tools and means
of exploitation with regard to the violation of the provisions in Item 1 and
Item 2 of this Article;
Suspension of the use of a license for up to 6
months with regard to the violations mentioned in Point (c) of Item 1 and Point
(b) of Item 2 of this Article.
b/ Forcible cessation of violations and forcible
compensation for the damage with regard to the violations mentioned in point
(a) of Item 1, Point (a) of Item 2, and Item 3 of this Article.
Article 8.- Violations
in the exploitation and trading of animals and plants on the list of endangered
animals and plants issued by the Ministry of Agriculture and Rural Development
and the Ministry of Aquatic Resources:
1. A fine of from 500,000 VND to 2,000,000 VND
for the exploitation and trading of endangered species for the first time, of
which the consequences have already been overcome.
2. A fine of from 2,000,000 VND to 8,000,000 VND
for the professional exploitation and trading of large quantities of one
species or of small quantities of many of those species.
3. A fine of from 10,000,000 VND to 30,000,000
VND for a violation that involves many aggravating factors, but not yet serious
enough to be examined for criminal liability.
4. The forms of additional sanction and other
measures against violations of this Article include:
a/ Confiscation of the exhibits, tools and means
of exploitation with regard to the violations mentioned in Item 1, Item 2 and
Iitem 3 of this Article;
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Article 9.- Violations
of environmental protection in production and trading, in the running of
hospitals, hotels and restaurants:
1. A warning shall be served or a fine of from
100,000 VND to 400,000 VND shall be imposed on one of the following violations:
a/ Failing to carry out or carrying out
inadequate measures of treatment as stipulated by the State management agency
on environmental protection before discharging solid and liquid waste matters
and waste gas outside the establishments�
area of management;
b/ Failing to provide or inadequately and
improperly providing the technical equiments to treat waste matters as required
by or according to the design already ratified by the authorized State
management agency.
2. A fine of from 1,000,000 VND to 4,000,000 VND
for one of the following violations:
a/ Failing again to carry out or inadequately
carrying out the measures to treat waste matters;
b/ Failing again to provide or improperly and
inadequately providing the technical equipments to treat waste matters.
3. A fine of from 10,000,000 VND to 30,000,000
VND for the failure to use or the improper use of technical equipments to treat
waste matters, failing to ensure the environmental standards.
4. A fine of from 30,000,000 VND to 50,000,000
VND for one of the violations mentioned in Item 2 and Item 3 of this Article if
it involves many aggravating factors and causes adverse consequences to
environmental protection.
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a/ Emitting smoke, dust or toxic gas beyond the
permissible level, emitting harmful odours into the air;
b/ Discharging into a water source lubricants,
grease, toxic chemicals or radioactive substances beyond the permissible level,
releasing dead animals, plants, harmful bacteria or viruses likely to cause
epidemics.
6. A fine of from 2,000,000 VND to 5,000,000 VND
for the repetition of the violations mentioned in Item 5 of this Article.
7. A fine of from 10,000,000 VND to 20,000,000
VND for one of the violations mentioned in Item 5 of this Article if it
involves many aggravating factors.
8. Forms of additional sanction and other
measures against the violations mentioned in this Article:
a/ Revoking the license for up to 6 months with
regard to the violations mentioned in this Article;
b/ Forcible cessation of the violation, forcible
application of measures to overcome the adverse consequences and compensation
for the damage with regard to the violations mentioned in this Article.
Article 10.- Misuse of
permits to export and import technologies, complete equipments, important
single equipments, toxic chemicals, and micro-biological products relating to
environmental protection:
1. A warning shall be served or a fine of from
100,000 VND to 400,000 VND shall be imposed on the leasing, buying or selling
of permits for the first time, which has not yet caused any consequences.
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a/ Making false declarations in applying for a
license;
b/ Operating without a license granted by the
State management agency on environmental protection;
c/ Failure to abide by the stipulations in
quantity, density or contents written in the license.
3. A fine of from 10,000,000 VND to 30,000,000
VND for one of the violations mentioned in Item 2 of this Article if it
involves many aggravating factors.
4. Forms of additional sanction and other
measures against the violations mentioned in this Article:
a/ Revoking the environmental license for up to
6 months with regard to the violations mentioned in Item 1 and Point (c) of
Item 2 of this Article; revoking indefinitely the environmental license with
regard to the violations mentioned in Point (a) of Item 2 and Item 3 of this
Article;
b/ Confiscation of the exhibits or forcible
destruction of the excess quantity of micro-biological products, animals,
plants or gene pool as compared with that written in the license; forcible
re-export of goods imported illegally in violation of the provisions of Item 2
and Item 3 of this Article.
Article 11.- Violations
in the import and export of waste matters:
1. A fine of from 2,000,000 VND to 8,000,000 VND
shall be imposed on one of the violations of the provisions in the import and
export of waste matters.
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3. A fine of from 30,000,000 VND to 50,000,000
VND for a violation which involves many aggravating factors.
4. Forms of additional sanction and other
measures against the violations of this Article:
Forcible destruction or re-export of waste
matters, compensation for the damage, and forcible cessation of the violation.
Article 12.- Violations
in the prevention and avoidance of environmental incidents in the search,
exploration, exploitation and transportation of oil and gas:
1. A fine of from 2,000,000 VND to 8,000,000 VND
for one of the following violations:
a/ Failing to have a plan to prevent and avoid
oil leakage, oil fire, oil explosion and oil spill;
b/ Operating without the means to cope with
accidents of oil fire, explosion and oil spill.
2. A fine of from 10,000,000 VND to 30,000,000
VND for one of the following violations:
a/ Using toxic chemicals without a technical
certificate;
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3. A fine of from 30,000,000 VND to 50,000,000
VND for causing of oil leakage, oil fire, oil explosion and oil spill.
4. A fine of from 50,000,000 VND to 100,000,000
VND for one of the violations mentioned in Point (a) of Item 1 and Item 2 of
this Article if it involves many aggravating factors.
5. Forms of additional sanction and other
measures against violations of this Article:
Forcible observance of the stipulations with
regard to the violations mentioned in Item 1 and Item 2 of this Article.
Forcible application of measures to overcome the consequences, forcible
compensation for the damage with regard to the violations mentioned in Item 3
of this Article.
Article 13.- Violations
of the stipulations made by the State management agency on environmental
protection regarding radioactive substances:
1. A fine of from 200,000 VND to 800,000 VND
shall be imposed on one of the following violations:
a/ Trading in radioactive substances without a
permit for operation in the field of radiation control;
b/ Trading in radioactive substances without a
business license;
c/ Producing, transporting, using and storing radioactive
substances without a license.
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3. A fine of from 4,000,000 VND to 10,000,000
VND for a repeated violation of one of the stipulations in Item 2 of this
Article.
4. Forms of additional sanction and other
measures against the violations mentioned in this Article:
a/ Revoking for up to 6 months the certificate
of business qualifications with regard to the violations of the stipulations in
Point (a) and Point (b) of Item 2 of this Article;
b/ Forcible application of the measures
required, forcible settlement of the consequences, forcible- compensation for
the damage with regard to the violations mentioned in Item 2 and Item 3 of this
Article.
Article 14.- Violations
of the stipulations made by the State management agency on environmental
protection in the use of radiation sources:
1. A fine of from 500,000 VND to 1,000,000 VND
for one of the following violations:
a/ Using radiation sources without a permit;
b/ Using the machinery, equipment and materials
which have a source of harmful electric radiation or ionized radiation at
variance with the stipulations on radiation safety;
c/ Failing to regularly check and periodically
report to the State management agency on environmental protection the
environmental impact of the establishment which uses the machinery, equipment
and materials having a source of electric radiation or ionized radiation.
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3. Forms of additional sanction and other
measures against the violations mentioned in this Article:
a/ Revoking for up to 6 months the license for
using radiation sources with regard to the violations mentioned in Point (a) of
Item 1 and Item 2 of this Article;
b/ Forcible cessation of the violation, forcible
application of measures to overcome the consequences, and forcible compensation
for the damage with regard to the violations mentioned in point (a) and Point
(b) of Item 1 and Item 2 of this Article.
Article 15.- Violations
in the transportation and treatment of sewage and garbage:
1. A warning shall be served or a fine of from
100,000 VND to 500,000 VND for one of the following violations:
a/ Transporting garbage and other pollutants at
variance with the stipulations on environmental protection;
b/ Failing to treat sewage and garbage before
discharging them.
2. A fine of from 500,000 VND to 2,000,000 VND
for a repeated violation mentioned in Point (a) of Item 1 of this Article.
3. A fine of from 2,000,000 VND to 8,000,000 VND
for one of the violations mentioned in Point (b) of Item 1 of this Article if
it involves many aggravating factors.
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a/ Revoking for up to 6 months the environmental
license with regard to the violations mentioned in Item 1 and Item 2 of this
Article;
b/ Forcible cessation of the violation, forcible
application of measures to overcome the consequences and forcible compensation
for the damage with regard to the violations mentioned in Item 1, Item 2 and
Item 3 of this Article.
Article 16.- Violations
of the stipulations on soil pollution:
1. A fine of from 2,000,000 VND to 5,000,000 VND
for the burial or dumping of substances the toxicity of which exceeds the
permissible level.
2. A fine of from 5,000,000 VND to 15,000,000 VND
for the burial or dumping of large quantities of substances the toxicity of
which exceeds the permissible level and the consequence of which will take a
long time.
3. Forms of additional sanction and other
measures against the violations mentioned in this Article:
Forcible cessation of the violation, application
of measures to overcome the consequences and compensation for the damage with
regard to the violations mentioned in Item 1 and Item 2 of this Article.
Article 17.- Violations
of the stipulations on noise and vibration which exceed the permissible level,
are harmful to the health of the people, and affect their daily life:
1. A warning shall be served or a fine of from
100,000 VND to 400,000 VND for one of the following violations:
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b/ Causing loud noise or great vibration from 10
p.m. to 5 a.m.
2. A fine of from 500,000 VND to 2,000,000 VND
for causing noise or vibration with many aggravating factors.
3. Forms of additional sanction and other
measures against the violations mentioned in this Article:
Forcible cessation of the violation and forcible
compensation for the damage with regard to the violations mentioned in Item 1
and Item 2 of this Article.
Article 18.- Violations
in the production, transportation, trading, importation and stockpiling of
firecrackers, firecracker powder and the burning of fireworks:
1. A fine of from 2,000,000 VND to 8,000,000 VND
for one of the following violations:
a/ Failing to observe the contents and
stipulations of the license in the production, trading and transportation of
fireworks;
b/ Violating the safety stipulations in the
production, trading and transportation of fireworks.
2. A fine of from 5,000,000 VND to 15,000,000
VND for the transportation of fireworks in passenger transport means.
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4. Forms of additional sanction and other
measures against the violations mentioned in this Article:
a/ Confiscation of the exhibits and indefinite
revocation of the license with regard to the violations mentioned in Item 1,
Item 2 and Item 3 of this Article;
b/ Forcible cessation of the violations
mentioned in Item 1, Item 2 and Item 3 of this Article.
Article 19.- Violations
in the settlement of consequences of environmental incidents:
1. A warning shall be served or a fine of from
50,000 VND to 200,000 VND shall be imposed on one of the following violations:
a/ Failing to promptly report to the local
People’s Committee, or the nearest public agency or organization when
discovering an environmental incident;
b/ Failing to take measures within ones
responsibility in order to promptly overcome environmental incidents.
c/ Failing to observe or improperly observing
the order to urgently mobilize manpower, materials and means to overcome
environmental incidents.
2. A fine of from 5,000,000 VND to 20,000,000
VND for one of the violations mentioned in Item 1 of this Article if it
involves many aggravating factors.
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Forcible cessation of the violation, forcible
fulfillment of the requirements with regard to the violations mentioned in
Point (b) and Point (c) of Item 1 and Item 2 of this Article.
Chapter III
POWERS AND PROCEDURE OF
SANCTIONING
Article 20.- Powers to
decide the sanctioning:
1. Inspectors specializing in science,
technology and environment of inspection organizations such as the Inspectors
of the Science, Technology and Environment Service of the provinces and cities
directly under the Central Government, the Inspectors of the Environment
Department, and the Inspectors of the Ministry of Science, Technology and
Environment who are on mission can exercise the rights stipulated in Item 1,
Article 34, of the Ordinance on the Handling of Violations of Administrative
Regulations, namely: to serve a warning, impose a fine of up to 200,000 VND on
administrative violations in the area under the management; confiscate the
exhibits and means used in polluting the environment valued at up to 500,000
VND; force the offending organization or individual to stop the violation,
restore the original state of things which has been changed as a result of the
violation, overcome the consequences caused by the violation, and destroy the
things harmful to the living environment.
2. The General Inspector specializing in
science, technology and environment of the Science, Technology and Environment
Service can exercise the rights stipulated in Item 2, Article 34, of the
Ordinance on the Handling of Violations of Administrative Regulations, namely:
to serve a warning, impose a fine of up to 10,000,000 VND; revoke the
environmental license granted by the Science, Technology and Environment
Service; confiscate the exhibits and means used in polluting the environment;
force the offending organization or individual to pay compensation of up to
1,000,000 VND for the damage caused by the violation, force the restoration of
the original state of things which has been changed as a result of the
violation, settle the consequences caused by the violation, and destroy the
things harmful to the living environment.
3. The General Inspector specializing in
science, technology and environment of the Ministry of Science, Technology and
Environment, and the General Inspector of the Environment Department can
exercise the rights stipulated in item 3, Article 34, of the Ordinance on the
Handling of Violations of Administrative Regulations, namely to serve a
warning, impose a fine of up to 20,000,000 VND, revoke the environmental
license granted by the Ministry of Science, Technology and Environment and the
Environment Department; confiscate the exhibits and means used in polluting the
environment; force the offending organization or individual to pay compensation
of up to 1,000,000 VND for the damage caused by the violation, restorate the
original state of things which has been changed as a result of the violation,
settle the consequences caused by the violation, and destroy the objects
harmful to the living environment.
4. The Presidents of the People’s Committees of
the communes, wards and townships can apply the forms of sanction against
administrative violations stipulated in Article 26 of the Ordinance on the
Handling of Violations of Administrative Regulations with regard to the
administrative violations in environmental protection stipulated in Chapter II
of this Decree within the management of their locality in environmental
protection.
5. The Presidents of the People’s Committees of
the districts and corresponding level can apply the forms of sanction against
administrative violations stipulated in Article 27 of the Ordinance on the
Handling of Violations of Administrative Regulations (except the right to
revoke the environmental license granted by the Ministry of Science, Technology
and Environment, the Science, Technology and Environment Service, and the
Environment Department) with regard to the administrative violations in
environmental protection stipulated in Chapter II of this Decree within the
management of their locality in environmental protection.
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Article 21.- Powers of
the customs services and the specialized State Inspectors to mete out
administrative violations in environmental protection:
The authorized persons of the customs services
and the specialized State Inspectors can fine administrative violations in
environmental protection stipulated in Article 30 and Article 34 of the
Ordinance on the Handling of Violations of Administrative Regulations.
Article 22.-
Sanctioning procedure:
When discovering an administrative violation in
environmental management and protection, the authorized person must order
immediate cessation of the violation, identify clearly to the offending
organization or individual the name of the legal document and the article which
they have violated, the responsibility, the aggravating or attenuating factors,
and the forms of applicable sanction, and go through the following procedure:
1. If the sanction is a warning, the authorized
person shall decide it on the spot.
2. If a fine of more than 20,000 VND is applied,
the authorized person must write a report as stipulated in Article 47 of the
Ordinance on the Handling of Violations of Administrative Regulations. Within
15 days after the date when the report is made, the authorized person must issue
a fining decision and send it to the fined organization or individual as
stipulated in Article 48 of the Ordinance on the Handling of Violations of
Administrative Regulations. If it involves many complex details, the
above-mentioned time limit may be extended, but it shall not exceed 30 days.
Regarding a decision to fine from 2,000,000 VND
upwards, a copy of it must be sent to the People’s Procuracy of the same level.
3. Copies of a sanctioning decision must be sent
to the offending organization or individual and the fine payment collection
agency within 3 days after the date when the decision is issued. Within 5 days
after the date when the concerned organization or individual receives the
sanctioning decision and they refuse to abide by it, the authorized person can
issue a decision forcing their obedience as stipulated in Article 55 of the
Ordinance on the Handling of Violations of Administrative Regulations.
Article 23.- The
collection and payment of fines:
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If they refuse to pay the fine within the set
time limit, they shall be forced to do it.
The person who imposes the fine is strictly
forbidden to directly collect payment of the fine in any form.
Article 24.- Stripping
license owners of the right to use their license:
1. Those organizations and individuals that are
granted licenses or certificates the contents of which concern environmental
protection (hereunder referred to as licenses) by the State management agency
on environmental protection, may be stripped of the right to use their license
if they commit administrative violations directly relating to the stipulations
on the use of such license.
When deciding to strip a license owner of
his/her right to use his/her license, the authorized person must make a report,
writing down clearly the reason to strip the license owner of his/her right to
use the license according to the contents stipulated in Article 50 of the
Ordinance on the Handling of Violations of Administrative Regulations, and at
the same time, force cessation of the violation.
A license owner may be stripped of his/her right
to use the license only when the authorized person has issued a written
decision as stipulated in Item 2, Item 3 and Item 6 of Article 20 of this
Decree. Copies of the decision must be sent to the guilty organization or
individual, and at the same time, the license-issuing agency must be notified
of it.
The authorized person stipulated in Item 4, Item
5 and item 6 of Article 20 of this Decree can request the agency that issues
environmental licenses to revoke the license.
2. A license owner may be stripped of his/her right
to use the license for a certain period of time if he/she commits the violation
for the first time which can be overcome. When the time limit written in the
fining decision is over, the authorized person must return the license to the
organization or individual that owns it.
3. A license owner may be indefinitely stripped
of his/her right to use his/her license in the following cases:
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b/ The licenses contents run counter to the
stipulations on environmental protection;
c/ The license owner commits a violation too
serious to let him/her continue his/her activity.
Article 25.- The
procedure of applying other punitive administrative measures:
1. When deciding to apply other administrative measures,
the authorized person stipulated in Article 20 of this Decree must base
himself/herself on the provisions of law and the actual extent of damage caused
by the administrative violation and must bear responsibility before the law for
his/her decision.
2. The organization or individual that is
subject to other administrative measures must implement the sanction within 5
days after receiving the sanctioning decision, except otherwise stipulated by
law. If they refuse, they shall be forced to do it within the set time limit.
If the organization or individual concerned is forced to implement the
sanction, they must pay for the expenses incurred in organizing it.
3. If the exhibits and means used in committing
an administrative violation of environmental protection must be confiscated or
destroyed, a report must be made of the confiscation or destruction and signed
by the person who issues the decision, the sanctioned person and witnesses, and
the exhibits used in committing the administrative violation must be handled in
accordance with the stipulations in Article 51 and Article 52 of the Ordinance
on the Handling of Violations of Administrative Regulations.
Chapter IV
COMPLAINTS AND
DENUNCIATION RELATED TO THE HANDLING OF VIOLATIONS
Article 26.- Complaints,
denunciation and settlement of complaints and denunciation:
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2. A citizen can denounce to the authorized
State agencies the administrative violations of environmental protection of
other organizations and individuals.
Article 27.- Handling
the persons authorized to sanction administrative violations of environmental
protection:
If the persons authorized to sanction
administrative violations of environmental protection infringe on the
stipulations on administrative fining, cause troubles to, tolerate or screen
the offender, fail to fine or fine not in accordance with their powers, they shall
be disciplined or examined for criminal liability depending on the character
and seriousness of their violation.
If they cause damage to the State, organizations
or citizens, they must pay compensation as provided for by law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 28.- This
Decree takes effect from the date of its signing. All stipulations on the
sanction of administrative violations of environmental protection which are
contrary to this Decree are now annulled.
Article 29.- The
Minister of Science, Technology and Environment and the Minister of Finance in
furtherance of their function and task shall have to give detail guidance on
and organize the implementation of this Decree.
Article 30.- The
Ministers, the Heads of ministerial-level agencies, the Heads of the agencies
attached to the Government, and the Presidents of the People’s Committees of
the provinces and cities directly under the Central Government shall have to
implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet