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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 290/2025/ND-CP
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Hanoi, November
06, 2025
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DECREE
PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCES
Pursuant to the Law on Government Organization
No. 63/2025/QH15;
Pursuant to the Law on Organization of Local
Governments No. 72/2025/QH15;
Pursuant to the Law on Handling of Administrative
Violations No. 15/2012/QH13; the Law providing amendments to the Law on
Handling of Administrative Violations No. 67/2020/QH14 and the Law providing
amendments to the Law on Handling of Administrative Violations No.
88/2025/QH15;
Pursuant to the Law on Water Resources No.
28/2023/QH15;
At the request of the Minister of Agriculture
and Environment of Vietnam;
The Government of Vietnam promulgates a Decree
prescribing penalties for administrative violations against regulations on
water resources.
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, penalties, fines, remedial measures, power to make records and
power to impose penalties and remedial measures for administrative violations against
regulations on water resources.
2. Penalties for administrative violations against
regulations on water resources which are not specified in this Decree shall be
imposed according to relevant regulations on penalties for administrative
violations in other state management fields.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and
individuals (hereinafter referred to as “entities”) that commit the
administrative violations against regulations on water resources in the
territory of the Socialist Republic of Vietnam.
2. Persons having the power to make records and
those having the power to impose penalties for administrative violations
against regulations on water resources, and other relevant entities.
3. The organizations incurring penalties for
administrative violations against regulations on water resources as prescribed
herein include:
a) Economic organizations that are duly established
under provisions of the Law on Enterprises, including: sole proprietorships,
joint-stock companies, limited liability companies, partnerships and their
affiliated units (including their branches and representative offices);
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c) Organizations that are established under
provisions of the Law on Investment and the Law on Commerce, including:
domestic investors, foreign investors (excluding individual investors) and
foreign invested economic organizations; representative offices and branches of
foreign traders in Vietnam; representative offices of foreign trade promotion
organizations in Vietnam;
d) Socio-political organizations,
socio-professional organizations, and social organizations;
dd) Public service providers;
e) State regulatory authorities committing
violations that do not fall within their assigned state management tasks;
g) Project management boards established according
to regulations of law on construction;
h) Other organizations established in accordance
with regulations of law.
4. Penalties imposed upon a family household,
household business, or residential community shall be same as those imposed
upon an individual for committing the same administrative violation specified
in this Decree.
Article 3. Definitions
For the purposes of this Decree, the terms below
shall be construed as follows:
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2. “untruthful" refers to the declaration,
provision or reporting on information or data that is not true or factual.
3. “land subsidence” refers to a phenomenon in
which land sinks to a lower level compared to surrounding areas as a result of
groundwater exploration and exploitation, dewatering of mines or excavation
pits, or underground construction activities.
4. “license” refers to one of the following:
surface water exploitation license, groundwater exploitation license, seawater
exploitation license, groundwater exploration license, and license to practice
groundwater drilling.
Article 4. Administrative
penalties and remedial measures
1. Primary penalties:
When committing any administrative violation in the
field of water resources, the violating entity shall incur one of the following
primary penalties:
a) Warning; or
b) Fine.
2. Additional penalties:
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a) Suspension of part or all of water resource
exploration and exploitation, groundwater drilling activities for a fixed
period of 01 - 12 months;
b) Confiscation of exhibits and instrumentalities
of administrative violations.
3. Remedial measures:
In addition to the remedial measures specified in points
b, e, i clause 1 Article 28 of the Law on Handling of Administrative
Violations, an entity that commits an administrative violation prescribed
herein may be liable to one or some of the following remedial measures:
a) Enforced implementation of measures for control
of water source deterioration or depletion;
b) Enforced implementation of measures for control
of water source pollution;
c) Enforced implementation of measures for control
of saltwater intrusion;
d) Enforced implementation of measures for control
of flood and inundation;
dd) Enforced implementation of measures for control
of artificial flooding;
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g) Enforced implementation of measures for control
of water scarcity;
h) Enforced remediation of damage resulting from
acts causing flood, inundation or artificial flooding to production and daily
life of residents in lowlands;
i) Enforced remediation of damage resulting from
acts causing water scarcity to production and daily life of residents in
lowlands;
k) Enforced remediation of damage resulting from
acts causing saltwater intrusion;
l) Enforced declaration or registration of
exploitation and use of water resources or application for license as
prescribed if the violating entity wishes to continue their exploitation
activities;
m) Enforced submission of application for
calculation of fees for grant of water resource exploitation right or
application for modification thereof;
n) Enforced return of altered or falsified license
to licensing authority;
o) Enforced conduct of well plugging activities as
prescribed;
p) Enforced relocation of wastewater/waste
discharge nodes to outside of domestic water safeguard zones;
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r) Enforced remediation of damage resulting from
acts causing deformation of structures.
4. Illegal profits earned from the violations
prescribed in Article 26 and Article 27 of this Decree shall be declared by violating
entities that shall assume responsibility for their declaration results and
determined by competent persons as follows:
a) Illegal profits earned from a violation in case
of exploitation of water resources for hydropower and production and supply of
clean water is total amount of money earned by the violating entity from the
violation minus (-) costs of water resource exploitation activities performed
to generate revenues from water resources, including: costs of direct
materials; direct labor costs; costs of direct depreciation of fixed assets;
manufacturing overhead costs; selling costs; administrative costs; financial
costs and payments to state budget;
b) Illegal profits earned from a violation in case
where surface water or groundwater is exploited for the purposes of cooling,
steam generation, heating, agricultural production or aquaculture equals (=)
total volume of water exploited multiplied (x) by 10% of the price of natural
water exploited for other purposes on which severance taxes are levied applied
in the local area at the time of commission of the violation minus (-) costs of
water resource exploitation activities, including: costs of direct materials;
direct labor costs; costs of direct depreciation of fixed assets; manufacturing
overhead costs; selling costs; administrative costs; financial costs and
payments to state budget;
c) Illegal profits earned from a violation in case
where surface water or groundwater is exploited for the purposes other than
those specified in points a and b clause 4 of this Article equals (=) total
volume of water exploited multiplied (x) by the price of natural water
exploited for other purposes on which severance taxes are levied applied in the
local area at the time of commission of the violation minus (-) costs of water
resource exploitation activities, including: costs of direct materials; direct
labor costs; costs of direct depreciation of fixed assets; manufacturing
overhead costs; selling costs; administrative costs; financial costs and
payments to state budget;
d) Costs of direct materials, direct labor costs,
costs of direct depreciation of fixed assets, manufacturing overhead costs,
selling costs, administrative costs and financial costs are determined in
accordance with regulations in force;
dd) Payments to state budget include corporate
income tax (CIT), severance taxes on natural water, fees for grant of water
resource exploitation right, payments for forest environmental services and
other fees/charges associated with the violation which have been paid to state
budget according to documentary evidences presented by the violating entity.
5. Where data provided for determination of illegal
profits is complex or involves multiple entities, the person making the
examination decision shall organize determination of illegal profits by means
of issuing decisions to get written opinions from tax and finance authorities,
and other relevant entities or establishing a council in charge of
determination of illegal profits. Such determination of illegal profits shall
be carried out during or after completing consideration and issuance of a
decision on imposition of administrative penalties.
Article 5. Fines and power to
impose fines
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2. Fines imposed by the title holders prescribed in
Chapter III hereof are imposed for administrative violations committed by individuals.
A title holder is entitled to impose a fine which is twice as much as that
imposed upon an individual upon an organization for committing the same
administrative violation.
Article 6. Prescriptive periods
for imposing administrative penalties, terminated and ongoing violations in
field of water resources
1. The prescriptive period for imposition of
penalties for an administrative violation in the field of water resources is 02
years. The prescriptive period for imposition of penalties for an administrative
violation transferred by a presiding agency shall be extended by 01 more year.
The period of time the presiding agency spends on handling the violation shall
also be included in the prescriptive period for imposing administrative
penalties for the violation.
2. The violations prescribed in points a and b
clause 3 Article 9; points a and c clause 1 Article 12; point b clause 4
Article 15; clause 2 and point b clause 4 Article 18, point a clause 3 and
point c clause 4 Article 30 of this Decree are terminated administrative
violations. The ending date of the violation shall be the deadline by which the
relevant entity is required to discharge their obligations and responsibilities
as prescribed.
3. The violations prescribed in Article 8; point c and
point d clause 3 Article 9; clause 2 and clause 3 Article 10; clause 1 and
point c clause 2 Article 11; point b clause 1, clause 2 and point c, point d,
point dd clause 3 Article 12; point b clause 1 and clause 4 Article 14; point a
clause 2, clause 3 Article 15; point c clause 5 Article 25; point g clause 3
Article 27; clause 1 and clause 3 Article 28; point c clause 3 Article 29;
clause 1 Article 30; clause 3 Article 31; point a and point b clause 1 and
clause 2 Article 32; point a clause 1 Article 33 are ongoing administrative
violations for which the prescriptive period for imposing penalties begins to
run from the date on which the violation is detected.
4. Except the violations prescribed in clause 2,
clause 3 of this Article, the prescriptive period for imposing penalties for
other violations prescribed in this Decree shall be determined by persons
having power to impose penalties in accordance with provisions of the Law on
Handling of Administrative Violations.
Article 7. Rules for
determination of violations
Determination of administrative violations shall
adhere to regulations of law on handling of administrative violations, and the
following rules:
1. If an administrative violation involves multiple
licenses, penalties shall be imposed separately for each license involved in
the violation.
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3. Determination of certain violations prescribed
herein:
a) Total days of violation prescribed in Article 19
hereof shall be total days during which the water level before flood under
normal weather conditions is not maintained during flood seasons according to
the inter-reservoir operation procedure adopted by the Prime Minister during an
inspection or audit period;
b) Total days of violation prescribed in Article 20
hereof shall be total days during which the reservoir is operated to discharge
water with a volume exceeding the reservoir inflow during operation of the
reservoir for reducing flood hitting the lowlands during floods according to
the inter-reservoir operation procedure adopted by the Prime Minister during an
inspection or audit period;
c) Total days of violation prescribed in Article 21
hereof shall be total days during which the reservoir is operated against
regulations during operation of the reservoir to achieve the water level before
flood after the reduction of flood hitting the lowland is done, or the
reservoir is operated against regulations during operation of the reservoir for
flood preparedness until the reservoir is operated to reduce flood hitting the
lowland during floods according to the inter-reservoir operation procedure
adopted by the Prime Minister during an inspection or audit period;
d) Total days of violation prescribed in Article 22
hereof shall be total days during which the reservoir is operated to discharge
water with a volume of water discharged into the lowland or total volume
smaller than the prescribed one during flood seasons according to the inter-reservoir
operation procedure adopted by the Prime Minister during an inspection or audit
period;
dd) Total days of violation prescribed in Article
23 hereof shall be total days during which the reservoir is operated to
discharge water with a volume of water discharged into the lowland or total
volume smaller than the prescribed one during dry seasons according to the
inter-reservoir operation procedure adopted by the Prime Minister during an
inspection or audit period;
e) Total days of violation prescribed in Article 24
hereof shall be total days during which the daily water discharge period is not
ensured during dry seasons according to the inter-reservoir operation procedure
adopted by the Prime Minister during an inspection or audit period;
g) Total days of violation prescribed in clause 4
Article 27 hereof shall be total days during which the pumping water level
exceeds the permissible pumping water level during an inspection or audit
period. A day of violation means the day on which one or more instances of the
pumping water level exceeding the permissible pumping water level occur in one
or several exploitation wells specified in a license;
h) Regarding the violation specified in clause 5
Article 27 hereof, the volume used as the basis for imposing the fine shall be
the highest volume exceeding the licensed volume during the period of
violation, and total days of violation shall be all days on which the volume of
water exploited exceeds the licensed one during an inspection or audit period.
A day of violation means the day on which one or more instances of the volume
of water exploited exceeding the licensed one occur or during which the volume
of water exploited exceeds the licensed one.
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k) Total days of violation prescribed in clause 6
Article 29 hereof shall be total days during which the required water level is
not maintained during flood seasons during an inspection or audit period. A day
of violation means the day on which one or more instances of failure to
maintain the required water level according to the reservoir operation
procedure approved by a competent authority occur;
l) Total days of violation prescribed in clause 7
Article 29 hereof shall be total days during which the reservoir is operated to
discharge water with a volume other than the one prescribed in the
reservoir operation procedure under normal weather conditions during an
inspection or audit period. A day of violation means the day on which one or
more instances of operating the reservoir to discharge water with a volume
other than the one prescribed in the reservoir operation procedure under
normal weather conditions approved by a competent authority occur;
m) Provisions of point c clause 4, clause 6, clause
7, clause 8 and clause 9 Article 29 of this Decree shall apply to reservoirs
and rolling weirs which are not included in the inter-reservoir operation
procedure adopted by the Prime Minister;
n) If the inspection or audit period specified in
points a, b, c, d, dd, e, g, h, i, k or l of this clause is not determined,
determination of total days of violation shall be decided by the person having
power to make violation record or person having power to impose administrative
penalties.
4. An entity that continues carrying out
groundwater drilling, or water resource exploration or exploitation shall be
liable to penalties for failing to obtain a corresponding license as prescribed
in clause 5 Article 9 or Article 26 of this Decree if the violation is
committed:
a) during the suspension period of water resource
exploration or exploitation activities;
b) during the suspension period of the license as
prescribed by law on water resources;
c) during the period of temporary termination of
validity of the license as prescribed by law on water resources; or
d) after a license has expired.
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In respect of the cases specified in clause 6 and
clause 7 Article 12 of this Decree, the volume of wastewater discharged shall
be determined on the basis of the highest volume of wastewater discharged or
the equipment’s capacity or the design dossier of the structure and discharge
hours during a day. If the exact discharge hours during a day cannot be
determined, they shall be 24 hours.
6. Signs of an administrative violation in the
field of water resources may be determined on one of the following grounds:
a) Information and data about monitoring of water
resource exploitation provided by entities exploiting water resources to
systems, software programs, and other technical means and equipment of persons,
organizations and authorities performing state management tasks, including the
national water resources information system and database, are considered as one
of the grounds for determining signs of administrative violation in the field
of water resources;
b) Where an entity continues carrying out water
resource exploitation after their license has expired but an application for
issuance or extension of the water resource exploitation license has been
submitted before the expiry date of the issued license, the application
appraisal results shall be used as one of the grounds for the person having
power to impose administrative penalties to consider determining the act of
exploiting water resources without license as prescribed in Article 26 of this
Decree.
7. Cases of exemption from administrative
penalties:
a) The act of exploiting water for production and
supply of clean water for domestic use with a volume exceeding the licensed one
prescribed in clause 5 Article 27 of this Decree during the period in which the
relevant provincial-level People's Committee organizes the implementation of
emergency measures to maintain the supply of domestic water in the case of a
drought, water scarcity or serious water pollution incident causing water
scarcity shall be considered as an urgent circumstance as prescribed in clause
1 Article 11 of the Law on Handling of Administrative Violations, for which
administrative penalties shall not be imposed;
b) A person having power to impose penalties shall
verify and determine whether or not administrative penalties shall be imposed
in case of an incident involving the system of structures used for exploiting
water for production and supply of clean water for domestic use where an entity
complies with the request for incident remediation of a local water supply authority
resulting in the volume of water exploited exceeding the prescribed volume as
prescribed in clause 5 Article 27 of this Decree on the basis of information,
data, documents or records relating to the violation which are adequately
collected to serve clarification of facts of the violation.
In case the incident involving the domestic water
supply system is found the direct cause of the administrative violation, which
is unforeseen by the violating entity, administrative penalties shall not be
imposed according to provisions of clause 3 Article 11 of the Law on Handling
of Administrative Violations;
c) A person having power to impose penalties shall
verify and determine whether or not administrative penalties shall be imposed
in case an administrative violation is committed directly under or in objective
conditions or circumstances such as drought, water scarcity, pollution incident
or saltwater intrusion on the basis of information, data, documents or records
relating to the violation which are adequately collected to serve clarification
of facts of the violation.
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8. The violations specified in clause 1 Article 10;
clause 2 Article 11; clause 6 and clause 7 Article 12; Article 19; Article 20,
Article 21; Article 22; Article 23; Article 24; clause 3, clause 4, clause 5,
clause 6, clause 7, clause 8 and clause 10 Article 26; clause 5 and clause 6
Article 27; clause 9 Article 29; point a clause 4 Article 30 of this Decree
shall be transferred to authorities competent to institute criminal proceedings
if they are serious to the extent of being considered as crimes as defined in
the Criminal Code.
9. In case of exploitation of water resources
without license prescribed in Article 26 of this Decree for supplying water for
production and supply of clean water for domestic use to meet essential needs
of the people, the person having power to impose administrative penalties may
consider not requesting the violating entity to immediately terminate such
water exploitation if no alternative water supply measures are available. Based
on actual conditions, the person having power to impose administrative
penalties shall determine specific time when the violating entity must
terminate their exploitation of water resources without license.
Chapter II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON WATER RESOURCES, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON BASELINE SURVEY AND PROTECTION OF WATER RESOURCES
Article 8. Violations against
regulations on baseline survey of water resources
A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
1. An entity conducting baseline survey of water
resources using the state budget fails to update information and results
thereof to the national water resources information system and database as
prescribed.
2. An entity holding a groundwater exploration
license fails to provide and update results of exploration and assessment of
groundwater reserves, information and data about stratigraphy, hydrogeological
parameters and other testing parameters at locations of drilled wells into the national
water resources information system and database after completing the
exploration works.
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1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for updating information and data about geological and
stratigraphic structure at drilling locations into the national water resources
information system and database less than 60 days after the prescribed
deadline.
2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for failing to update or updating information and
data about geological and stratigraphic structure at drilling locations into
the national water resources information system and database 60 days or more
after the prescribed deadline.
3. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed for committing one of the following violations:
a) Failing to submit annual consolidated reports on
groundwater drilling structures as prescribed;
b) Failing to send written notification of locations
and scale of groundwater drilling structures and planned execution schedule to
competent authorities as prescribed;
c) Failing to send written notification of changes
in person in charge of technical aspects to competent authorities;
d) Failing to immediately submit reports to local
authorities, the Department of Agriculture and Environment of province or city
where the drilling structure is located and licensing authority in case of land
subsidence or other incidents that affect the structures and daily life of the
residents in the construction area.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to comply with the licensed scale when
practicing groundwater drilling.
5. The following fines shall be imposed for
practicing groundwater drilling without a license:
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b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a drilling structure
with the casing or wall diameter exceeding 110 mm but not exceeding 250 mm;
c) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for the violation involving a drilling structure
with the casing or wall diameter exceeding 250 mm.
Article 10. Violations against
regulations on prevention and control of water source pollution, deterioration
and depletion
1. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for using fertilizers, agrochemicals, aquatic
veterinary drugs, aquaculture feeds, environmental treating products in
aquaculture and other chemicals for cultivation, animal husbandry and
aquaculture against regulations of law resulting in water source pollution,
except cases where the violation is serious to the extent of being considered
as a crime under the Criminal Code.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Failing to have plans, equipment and human
resources for seawater pollution prevention and control when conducting
activities at sea;
b) Failing to take remedial measures when
conducting activities causing water source deterioration;
c) Failing to take remedial measures when
conducting activities causing salinization of water sources.
3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for failing to take remedial measures when
conducting activities causing water source depletion.
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The exhibits of the administrative violation in
clause 1 of this Article shall be confiscated.
5. Remedial measures:
a) The violating entity is compelled to take
measures for control of water source pollution in case of commission of one of
the violations in clause 1 and point a clause 2 of this Article;
b) The violating entity is compelled to take
measures for control of water source deterioration or depletion in case of
commission of one of the violations in point b clause 2 and clause 3 of this
Article;
c) The violating entity is compelled to take
measures for control of saltwater intrusion in case of commission of the
violation in point c clause 2 of this Article.
Article 11. Violations against
regulations on response to and remediation of water source pollution incidents
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for failing to report to a competent authority upon
discovery of any incident causing domestic water source pollution.
2. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Causing water source pollution due to use of
chemicals for submerging and cleaning drilled wells, except cases where the
violation is serious to the extent of being considered as a crime under the
Criminal Code;
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c) Failing to take measures for preventing
wastewater or water containing toxic substances from entering drilled and dug
wells, except cases where the violation is serious to the extent of being
considered as a crime under the Criminal Code.
3. Penalties for the act of causing seawater
pollution without promptly taking remedial measures shall be imposed according
to regulations of law on handling of administrative violations in the field of
environmental protection.
4. Additional penalty:
The exhibits of the administrative violations in
points a and b clause 2 of this Article shall be confiscated.
5. Remedial measures:
The violating entity is compelled to take measures
for control of water source pollution in case of commission of one of the
violations in clause 2 of this Article.
Article 12. Violations against
regulations on protection of water sources
1. A fine ranging from VND 300.000 to VND 500.000 shall
be imposed for committing one of the following violations:
a) Failing to notify or submit reports on results
of plugging of unused wells to competent authorities as prescribed;
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c) Failing to notify the time and location of well
plugging activities to a competent authority as prescribed.
2. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for failing to carry out plugging of drilled wells used for
supplying domestic water for family households as prescribed.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) An entity fails to cooperate with the relevant
Department of Agriculture and Environment in zoning and determination of plans
and roadmaps for implementation of measures for prohibiting and restricting
groundwater exploitation in respect of their groundwater exploitation
structures;
b) Failing to cooperate in determining perimeters
and locations where the domestic water safeguard zone signs are put up on site
as prescribed;
c) Failing to put up domestic water safeguard zone
signs as prescribed;
d) Failing to control and monitor activities
conducted within domestic water safeguard zones;
dd) Failing to carry out well plugging as
prescribed, except the cases specified in point b clause 1 and clause 2 of this
Article.
4. A fine ranging from VND 30.000.000 to VND
35.000.000 shall be imposed for failing to take measures for adjusting the
exploitation regime or reducing the exploitation capacity in exploitation wells
to make them conformable with regulations on permissible pumping water level in
exploitation wells in a Restricted area 2 announced by a competent authority.
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6. The following fines shall be imposed for
discharging wastewater into a domestic water safeguard zone, except cases where
the violation is serious to the extent of being considered as a crime under the
Criminal Code:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving a discharge capacity of
less than 50 m3/24 hours;
b) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for the violation involving a discharge capacity
ranging from 50 m3/24 hours to 500 m3/24 hours;
c) A fine ranging from VND 30.000.000 to VND
90.000.000 shall be imposed for the violation involving a discharge capacity
ranging from 500 m3/24 hours to 2.000 m3/24 hours;
d) A fine ranging from VND 90.000.000 to VND
150.000.000 shall be imposed for the violation involving a discharge capacity
ranging from 2.000 m3/24 hours to 3.000 m3/24 hours;
dd) A fine ranging from VND 150.000.000 to VND
250.000.000 shall be imposed for the violation involving a discharge capacity
of 3.000 m3/24 hours or more.
7. The following fines shall be imposed for
discharging wastewater into groundwater sources, except cases where the
violation is serious to the extent of being considered as a crime under the
Criminal Code:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving a discharge capacity of
less than 50 m3/24 hours;
b) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for the violation involving a discharge capacity
ranging from 50 m3/24 hours to 200 m3/24 hours;
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d) A fine ranging from VND 90.000.000 to VND
150.000.000 shall be imposed for the violation involving a discharge capacity
ranging from 500 m3/24 hours to 1.000 m3/24 hours;
dd) A fine ranging from VND 150.000.000 to VND
250.000.000 shall be imposed for the violation involving a discharge capacity
of 1.000 m3/24 hours or more.
8. A fine which is twice as much as that imposed
for the violation specified in point dd clause 3 of this Article shall be
imposed if the violation is committed within an area where groundwater
exploitation is prohibited or restricted.
9. Penalties for the act of dumping wastes and
garbage, dumping or leaking hazardous substances, or discharging hazardous
emissions into water sources shall be imposed according to regulations of law
on handling of administrative violations in the field of environmental
protection.
10. Penalties for the act of discharging wastewater
that has yet to be treated in accordance with environmental technical
regulations on wastewater into surface water sources or seawater shall be
imposed according to regulations of law on handling of administrative
violations in the field of environmental protection.
11. Remedial measures:
a) The violating entity is compelled to carry out
well plugging as prescribed in case of commission of one of the violations in point
b clause 1, clause 2 and point dd clause 3 of this Article;
b) The violating entity is compelled to take
measures for control of water source pollution in case of commission of one of
the violations in point b clause 1, clause 2, point dd clause 3, clause 6 and
clause 7 of this Article if it causes water source pollution;
c) The violating entity is compelled to relocate
wastewater/waste discharge nodes to outside of domestic water safeguard zones
in case of commission of the violation in clause 6 of this Article;
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dd) The violating entity is compelled to take
measures for control of artificial flooding in case of commission of the
violation in clause 5 of this Article.
Article 13. Violations against
regulations on water source protection corridors
1. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Carrying out drilling or digging operations,
building houses or architectural objects or conducting other activities within
water source protection corridors, thereby resulting in river, stream, canal,
ditch or lake bank erosion, except cases where the violation is committed
within hydraulic structure or dike protection corridor;
b) Increasing the scale of hospitals, infectious
disease treatment and diagnosis facilities, cemeteries, landfills, hazardous
chemical production establishments, production and processing establishments
generating hazardous waste within water source protection corridors.
2. A fine ranging from VND 150.000.000 to VND
180.000.000 shall be imposed for building new hospitals, infectious disease
treatment and diagnosis facilities, cemeteries, landfills, hazardous chemical
production establishments, production and processing establishments generating
hazardous waste within water source protection corridors.
3. Penalties for the act of illegally exploiting
sand, gravel, sludge, soil and other types of minerals in rivers, streams,
canals, ditches or lakes within water source protection corridors shall be
imposed according to regulations of law on handling of administrative
violations in the field of minerals.
Penalties for violations committed within hydraulic
structure or dike protection corridors shall be imposed according to
regulations of law on handling of administrative violations in the field of
disaster preparedness and control, irrigation, and flood control systems.
4. Remedial measures:
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b) The violating entity is compelled to take
measures for control of water source pollution in case of commission of one of
the violations in clause 1 and clause 2 of this Article if it causes water
source pollution.
Article 14. Violations against
regulations on land subsidence prevention and control
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with relevant standards and
technical regulations when drilling or digging wells for survey, assessment,
exploration or exploitation of groundwater;
b) Failing to submit a report to the People’s
Committee of the area where such land subsidence occurs during exploitation of
groundwater.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing the violation in point a clause 1 of
this Article if it causes land subsidence.
3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for committing one of the following violations:
a) Failing to suspend the pumping and dewatering
for exploitation of minerals or construction activities immediately when they
cause land subsidence;
b) Failing to immediately suspend groundwater
exploration at wells where land subsidence occurs;
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4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) Failing to take remedial measures when the
pumping and dewatering for exploitation of minerals or construction activities
cause land subsidence;
b) Failing to take remedial measures when the land
subsidence occurs during groundwater exploration;
c) Failing to take remedial measures when the land
subsidence occurs during groundwater exploitation.
5. Additional penalties:
a) Pumping and dewatering for exploitation of
minerals or construction activities shall be suspended for a fixed period of 01
- 03 months in case of commission of the violation in point a clause 3 of this
Article;
b) Groundwater exploration or exploitation at wells
where land subsidence occurs shall be suspended for a fixed period of 01 - 03
months in case of commission of the violation in point b or c clause 3 of this
Article.
6. Remedial measures:
The violating entity is compelled to take measures
for control of land subsidence in case of commission of one of the violations
in clause 2 and clause 4 of this Article.
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1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for committing one of the following violations:
a) Submitting reports on artificial groundwater
recharge less than 60 days after the prescribed deadline;
b) Updating reports on artificial groundwater
recharge into the national water resources information system and database less
than 60 days after the prescribed deadline;
c) Failing to submit reports on results of testing
of artificial groundwater recharge or submitting them after the prescribed
deadline;
d) Submitting untruthful reports on results of
testing of artificial groundwater recharge;
dd) Submitting untruthful reports on artificial
groundwater recharge.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to update or updating reports on
artificial groundwater recharge into the national water resources information
system and database 60 days or more after the prescribed deadline;
b) Failing to submit or submitting reports on
artificial groundwater recharge 60 days or more after the prescribed deadline.
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4. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Carrying out artificial groundwater recharge
against the approved plan;
b) Failing to get opinions from the
provincial-level Department of Agriculture and Environment about the artificial
groundwater recharge plan before carrying out artificial groundwater recharge.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON REGULATION AND DISTRIBUTION OF WATER RESOURCES, RIVER BASIN
WATER TRANSFER
Article 16. Violations against
regulations on regulation and distribution of water resources
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Inadequately providing information serving
regulation and distribution of water resources;
b) Failing to develop plans for exploitation and
use of water resources as prescribed.
2. A fine ranging from VND 50.000.000 to VND
90.000.000 shall be imposed for failing to provide information serving
regulation and distribution of water resources as prescribed.
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a) Failing to reduce or increase the amount of
water exploited at the request of a competent authority;
b) Failing to adjust the operation and exploitation
regime of facilities at the request of a competent authority;
c) Failing to abide by the quotas for water
resource exploitation set by water resource authorities.
4. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing one of the violations prescribed in
clause 3 of this Article if it causes the water scarcity affecting production
and daily life of residents in lowlands.
5. Remedial measures:
The violating entity is compelled to remedy damage
resulting from acts causing water scarcity which affects production and daily
life of residents in lowlands in case of commission of the violation in clause
4 of this Article.
Article 17. Violations against
regulations on river basin water transfer
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for carrying out water transfer against the
approved plan.
2. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for failing to obtain written approval for
contents of the water transfer plan.
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Article 18. Violations against
regulations on monitoring, forecasting and provision of information/data as
prescribed in inter-reservoir operation procedure
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide information, data or
forecasts within the prescribed time limit;
b) Inadequately providing information, data or
forecasts for relevant agencies and units as prescribed;
c) Providing untruthful or inadequate information,
data or forecasts as prescribed.
2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to provide information, data or
forecasts as prescribed.
3. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations
during dry seasons or under normal weather conditions in flood seasons:
a) Carrying out monitoring and calculation against
regulations;
b) Providing forecast bulletins which do not have
adequate information as required or against the prescribed schedule.
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a) Failing to carry out monitoring and calculation
of reservoir water level or reservoir inflow, or spillway or plant overflow
rate, or canal headwork overflow rate (for irrigation reservoirs);
b) Failing to provide forecast bulletins;
c) Failing to submit reports on plans for
regulation of water in lowlands upon occurrence of incidents, drought or water
scarcity to regulatory authorities.
5. A fine ranging from VND 80.000.000 to VND
90.000.000 shall be imposed for falsifying monitoring information and data.
6. A fine which is twice as much as that imposed
for each of the violations in clauses 3, 4 and 5 of this Article shall be
imposed if the violation is committed during period for which flooding is
forecasted to occur or a flood warning has been given or during the flooding
event.
7. Remedial measures:
The violating entity is compelled to correct false
or misleading information in case of commission of the violation in clause 5 of
this Article.
Article 19. Violations against
regulations on maintenance of water levels before flood under normal weather
conditions during flood seasons as prescribed in inter-reservoir operation
procedure
1. The following fines shall be imposed for
committing violations against regulations on maintenance of water levels before
flood under normal weather conditions during flood seasons with respect to
reservoirs with a total capacity not exceeding 200 million m3,
except cases where the violation is serious to the extent of being considered
as a crime under the Criminal Code:
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b) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 10 days to less than 30 days;
c) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 30 days to less than 50 days;
d) A fine ranging from VND 90.000.000 to VND
110.000.000 shall be imposed for operating the reservoir against regulations resulting
in the reservoir water level higher than the water level before flood if total
days of violation are 50 days or more.
2. The following fines shall be imposed for
committing violations against regulations on maintenance of water levels before
flood under normal weather conditions during flood seasons with respect to
reservoirs with a total capacity ranging from 200 million m3 to less
than 300 million m3, except cases where the violation is serious to
the extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are less than 10 days;
b) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 10 days to less than 30 days;
c) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 30 days to less than 50 days;
d) A fine ranging from VND 120.000.000 to VND
140.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are 50 days or more.
3. The following fines shall be imposed for
committing violations against regulations on maintenance of water levels before
flood under normal weather conditions during flood seasons with respect to
reservoirs with a total capacity ranging from 300 million m3 to less
than 500 million m3, except cases where the violation is serious to
the extent of being considered as a crime under the Criminal Code:
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b) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 10 days to less than 30 days;
c) A fine ranging from VND 120.000.000 to VND
140.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 30 days to less than 50 days;
d) A fine ranging from VND 140.000.000 to VND
160.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are 50 days or more.
4. The following fines shall be imposed for
committing violations against regulations on maintenance of water levels before
flood under normal weather conditions during flood seasons with respect to
reservoirs with a total capacity of 500 million m3 or more, except
cases where the violation is serious to the extent of being considered as a
crime under the Criminal Code:
a) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are less than 10 days;
b) A fine ranging from VND 120.000.000 to VND
140.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 10 days to less than 30 days;
c) A fine ranging from VND 140.000.000 to VND
160.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are from 30 days to less than 50 days;
d) A fine ranging from VND 160.000.000 to VND
180.000.000 shall be imposed for operating the reservoir against regulations
resulting in the reservoir water level higher than the water level before flood
if total days of violation are 50 days or more.
5. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing any violation against regulations
on maintenance of water level before flood under normal weather conditions
during flood seasons as prescribed in the inter-reservoir operation procedure
resulting in significantly adverse influence on the lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code.
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a) The violating entity is compelled to remedy
damage resulting from acts causing flood, inundation or artificial flooding
which affects production and daily life of residents in lowlands in case of
commission of the violation in clause 5 of this Article;
b) The violating entity is compelled to remedy
damage resulting from acts causing water scarcity which affects production and
daily life of residents in lowlands in case of commission of the violation in
clause 5 of this Article.
Article 20. Violations against
regulations on operation of reservoirs for reducing flood hitting lowlands as
prescribed in inter-reservoir operation procedure
1. The following fines shall be imposed for
operating a reservoir with total capacity not exceeding 200 million m3
to discharge water with a volume exceeding the reservoir inflow during
operation of reservoirs for reducing flood hitting the lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code:
a) A fine ranging from VND 100.000.000 to VND
110.000.000 shall be imposed if total days of violation are less than 05 days;
b) A fine ranging from VND 110.000.000 to VND
120.000.000 shall be imposed if total days of violation are from 05 days to
less than 10 days;
c) A fine ranging from VND 120.000.000 to VND
130.000.000 shall be imposed if total days of violation are from 10 days to
less than 15 days;
d) A fine ranging from VND 130.000.000 to VND
140.000.000 shall be imposed if total days of violation are 15 days or more.
2. The following fines shall be imposed for
operating a reservoir with total capacity ranging from 200 million m3
to less than 300 million m3 to discharge water with a volume
exceeding the reservoir inflow during operation of reservoirs for reducing
flood hitting the lowlands, except cases where the violation is serious to the
extent of being considered as a crime under the Criminal Code:
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b) A fine ranging from VND 120.000.000 to VND
130.000.000 shall be imposed if total days of violation are from 05 days to
less than 10 days;
c) A fine ranging from VND 130.000.000 to VND
140.000.000 shall be imposed if total days of violation are from 10 days to
less than 15 days;
d) A fine ranging from VND 140.000.000 to VND
150.000.000 shall be imposed if total days of violation are 15 days or more.
3. The following fines shall be imposed for
operating a reservoir with total capacity ranging from 300 million m3
to less than 500 million m3 to discharge water with a volume
exceeding the reservoir inflow during operation of reservoirs for reducing
flood hitting the lowlands, except cases where the violation is serious to the
extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 120.000.000 to VND
130.000.000 shall be imposed if total days of violation are less than 05 days;
b) A fine ranging from VND 130.000.000 to VND
140.000.000 shall be imposed if total days of violation are from 05 days to
less than 10 days;
c) A fine ranging from VND 140.000.000 to VND
150.000.000 shall be imposed if total days of violation are from 10 days to
less than 15 days;
d) A fine ranging from VND 150.000.000 to VND
160.000.000 shall be imposed if total days of violation are 15 days or more.
4. The following fines shall be imposed for
operating a reservoir with total capacity of 500 million m3 or more
to discharge water with a volume exceeding the reservoir inflow during
operation of reservoirs for reducing flood hitting the lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code:
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b) A fine ranging from VND 140.000.000 to VND
150.000.000 shall be imposed if total days of violation are from 05 days to
less than 10 days;
c) A fine ranging from VND 150.000.000 to VND
160.000.000 shall be imposed if total days of violation are from 10 days to
less than 15 days;
d) A fine ranging from VND 160.000.000 to VND
170.000.000 shall be imposed if total days of violation are 15 days or more.
5. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing one of the violations specified in
this Article if it causes flood or inundation affecting production and daily
life of residents in lowlands, except cases where the violation is serious to
the extent of being considered as a crime under the Criminal Code.
6. Remedial measures:
The violating entity is compelled to remedy damage
resulting from acts causing flood, inundation or artificial flooding which
affects production and daily life of residents in lowlands in case of
commission of the violation in clause 5 of this Article.
Article 21. Violations against
regulations on operation of reservoirs after completing reduction of flood
hitting lowlands and operation of reservoirs for flood preparedness as
prescribed in inter-reservoir operation procedure
1. The following fines shall be imposed for
operating a reservoir against regulations during operation of the reservoir to
achieve the water level before flood after the reduction of flood hitting the
lowland is done, except cases where the violation is serious to the extent of
being considered as a crime under the Criminal Code:
a) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if total days of violation are less than 05 days;
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c) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed if total days of violation are from 15 days to
less than 30 days;
d) A fine ranging from VND 120.000.000 to VND
140.000.000 shall be imposed if total days of violation are 30 days or more.
2. The following fines shall be imposed for
operating a reservoir against regulations during operation of the reservoir for
flood preparedness until the reservoir is operated to reduce flood hitting the
lowland, except cases where the violation is serious to the extent of being
considered as a crime under the Criminal Code:
a) A fine ranging from VND 140.000.000 to VND
160.000.000 shall be imposed if total days of violation are less than 05 days;
b) A fine ranging from VND 160.000.000 to VND
180.000.000 shall be imposed if total days of violation are from 05 days to
less than 15 days;
c) A fine ranging from VND 180.000.000 to VND
200.000.000 shall be imposed if total days of violation are from 15 days to
less than 30 days;
d) A fine ranging from VND 200.000.000 to VND
220.000.000 shall be imposed if total days of violation are 30 days or more.
3. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing one of the violations specified in
clause 1 and clause 2 of this Article if it causes flood or inundation
affecting production and daily life of residents in lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code.
4. Remedial measures:
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Article 22. Violations against
regulations on operation of reservoirs to discharge water into lowlands under
normal conditions during flood seasons as prescribed in inter-reservoir
operation procedure
1. The following fines shall be imposed for
discharging water with a volume of water discharged or total volume smaller
than the prescribed one, except cases where the violation is serious to the
extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 110.000.000 to VND
120.000.000 shall be imposed if total days of violation are less than 10 days;
b) A fine ranging from VND 120.000.000 to VND
130.000.000 shall be imposed if total days of violation are from 10 days to
less than 30 days;
c) A fine ranging from VND 130.000.000 to VND
140.000.000 shall be imposed if total days of violation are from 30 days to
less than 50 days;
d) A fine ranging from VND 140.000.000 to VND
150.000.000 shall be imposed if total days of violation are 50 days or more.
2. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing the violation specified in clause 1
of this Article if it causes serious drought or water scarcity in lowlands,
except cases where the violation is serious to the extent of being considered
as a crime under the Criminal Code.
3. Remedial measures:
The violating entity is compelled to take measures
for control of water scarcity in case of commission of the violation in clause
2 of this Article.
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1. The following fines shall be imposed for
discharging water with a volume of water discharged or total volume smaller
than the prescribed one, except cases where the violation is serious to the
extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 120.000.000 to VND
130.000.000 shall be imposed if total days of violation are less than 10 days;
b) A fine ranging from VND 130.000.000 to VND
140.000.000 shall be imposed if total days of violation are from 10 days to
less than 30 days;
c) A fine ranging from VND 140.000.000 to VND
150.000.000 shall be imposed if total days of violation are from 30 days to
less than 50 days;
d) A fine ranging from VND 150.000.000 to VND
160.000.000 shall be imposed if total days of violation are 50 days or more.
2. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing the violation specified in clause 1
of this Article if it causes serious water scarcity in lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code.
3. Remedial measures:
The violating entity is compelled to take measures
for control of water scarcity in case of commission of the violation in clause
2 of this Article.
Article 24. Failure to ensure
daily water discharge period during dry seasons as prescribed in
inter-reservoir operation procedure
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a) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed if total days of violation are less than 05 days;
b) A fine ranging from VND 90.000.000 to VND
110.000.000 shall be imposed if total days of violation are from 05 days to
less than 10 days;
c) A fine ranging from VND 110.000.000 to VND
130.000.000 shall be imposed if total days of violation are from 10 days to
less than 20 days;
d) A fine ranging from VND 130.000.000 to VND
150.000.000 shall be imposed if total days of violation are from 20 days to
less than 30 days;
dd) A fine ranging from VND 150.000.000 to VND
170.000.000 shall be imposed if total days of violation are from 30 days to
less than 60 days;
e) A fine ranging from VND 170.000.000 to VND
190.000.000 shall be imposed if total days of violation are 60 days or more.
2. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for committing the violation specified in clause 1
of this Article if it causes serious water scarcity in lowlands, except cases
where the violation is serious to the extent of being considered as a crime
under the Criminal Code.
3. Remedial measures:
The violating entity is compelled to take measures
for control of water scarcity in case of commission of the violation in clause
2 of this Article.
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Article 25. Violations against
regulations on monitoring and supervision of exploitation of water resources
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to retain monitoring information/data to
serve performance of supervision tasks as prescribed;
b) Failing to monitor less than 25% of the
monitoring parameters and indicators required for supervision;
c) Failing to strictly comply with the monitoring
frequencies for supervision;
d) Failing to transmit adequate monitoring
parameters and indicators for supervision as prescribed;
dd) Carrying out monitoring at locations other than
the prescribed ones.
2. A fine ranging from VND 40.000.000 to VND
45.000.000 shall be imposed for failing to monitor between 25% to less than 50%
of the monitoring parameters and indicators required for supervision.
3. A fine ranging from VND 45.000.000 to VND
50.000.000 shall be imposed for failing to monitor between 50% to less than 75%
of the monitoring parameters and indicators required for supervision.
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5. A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed for committing one of the following violations:
a) Failing to monitor 100% of the monitoring
parameters and indicators required for supervision;
b) Failing to transmit monitoring data for
supervision as prescribed;
c) Failing to provide or share water resource
information/data to serve the establishment of the national water resource
information system and database.
6. A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for failing to install monitoring and supervision
equipment as prescribed.
7. A fine ranging from VND 80.000.000 to VND
90.000.000 shall be imposed for falsifying water resource monitoring and
supervision data.
8. A fine which equals 20% of that imposed for the
violation prescribed in clause 1, 2, 3, 4, 5, 6 or 7 of this Article shall be
imposed for the violation involving monitoring and supervision of water
resources during exploitation of water resources which has been duly
registered.
9. Remedial measures:
The violating entity is compelled to correct false
or misleading information in case of commission of the violation in clause 7 of
this Article.
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1. The following penalties shall be imposed for
exploiting groundwater without following declaration procedures which are
compulsory:
a) A warning shall be imposed for exploiting
groundwater adopting a method other than that specified in point b of this
clause;
b) A fine ranging from VND 100.000 to VND 200.000
shall be imposed for exploiting groundwater adopting the method of drilling
wells.
2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for exploiting and using water resources without
following registration procedures which are compulsory.
3. The following fines shall be imposed for
carrying out groundwater exploration without obtaining a license as prescribed,
except cases where the violation is serious to the extent of being considered
as a crime under the Criminal Code:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for carrying out groundwater exploration without
obtaining a license if the violation involves the drilling of 01 well;
b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for carrying out groundwater exploration without
obtaining a license if the violation involves the drilling of 02 wells;
c) A fine ranging from VND 15.000.000 to VND 20.000.000
shall be imposed for carrying out groundwater exploration without obtaining a
license if the violation involves the drilling of 03 wells;
d) A fine ranging from VND 20.000.000 to VND 30.000.000
shall be imposed for carrying out groundwater exploration without obtaining a
license if the violation involves the drilling of 04 wells;
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4. The following fines shall be imposed for
carrying out groundwater exploitation without obtaining a license as
prescribed, except cases where the violation is serious to the extent of being
considered as a crime under the Criminal Code:
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the violation involving a volume of water
exploited of less than 50 m3/24 hours;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving a volume of water
exploited of from 50 m3/24 hours to 100 m3/24 hours;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving a volume of water
exploited of from 100 m3/24 hours to 200 m3/24 hours;
d) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for the violation involving a volume of water
exploited of from 200 m3/24 hours to 500 m3/24 hours;
dd) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving a volume of water
exploited of from 500 m3/24 hours to 1.000 m3/24 hours;
e) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving a volume of water
exploited of from 1.000 m3/24 hours to 3.000 m3/24 hours;
g) A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed for the violation involving a volume of water
exploited of from 3.000 m3/24 hours to 5.000 m3/24 hours;
h) A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for the violation involving a volume of water
exploited of from 5.000 m3/24 hours to 10.000 m3/24
hours;
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k) A fine ranging from VND 230.000.000 to VND
250.000.000 shall be imposed for the violation involving a volume of water
exploited of 12.000 m3/24 hours or more.
5. The following fines shall be imposed for
exploiting surface water for agricultural production or aquaculture without
obtaining a license as prescribed, except cases where the violation is serious
to the extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving a volume of less than
0,8 m3/second;
b) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for the violation involving a volume ranging from
0,8 m3/second to less than 1,0 m3/second;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving a volume ranging from
1,0 m3/second to less than 1,5 m3/second;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving a volume ranging from
1,5 m3/second to less than 2,0 m3/second;
dd) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for the violation involving a volume ranging from
2,0 m3/second to less than 5,0 m3/second;
e) A fine ranging from VND 90.000.000 to VND
110.000.000 shall be imposed for the violation involving a volume ranging from
5,0 m3/second to less than 10,0 m3/second;
g) A fine ranging from VND 110.000.000 to VND
140.000.000 shall be imposed for the violation involving a discharge capacity
of 10,0 m3/second or more.
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a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving a volume of less than
300 m3/24 hours;
b) A fine ranging from VND 5.000.000 to VND
15.000.000 shall be imposed for the violation involving a volume ranging from
300 m3/24 hours to less than 1.000 m3/24 hours;
c) A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed for the violation involving a volume ranging from
1.000 m3/24 hours to less than 5.000 m3/24 hours;
d) A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed for the violation involving a volume ranging from
5.000 m3/24 hours to less than 10.000 m3/24 hours;
dd) A fine ranging from VND 60.000.000 to VND
90.000.000 shall be imposed for the violation involving a volume ranging from
10.000 m3/24 hours to less than 20.000 m3/24 hours;
e) A fine ranging from VND 90.000.000 to VND
120.000.000 shall be imposed for the violation involving a volume ranging from
20.000 m3/24 hours to less than 50.000 m3/24 hours;
g) A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed for the violation involving a volume ranging from
50.000 m3/24 hours to less than 200.000 m3/24 hours;
h) A fine ranging from VND 150.000.000 to VND 180.000.000
shall be imposed for the violation involving a volume ranging from 200.000 m3/24
hours to less than 300.000 m3/24 hours;
i) A fine ranging from VND 180.000.000 to VND
210.000.000 shall be imposed for the violation involving a volume ranging from
300.000 m3/24 hours to less than 800.000 m3/24 hours;
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7. The following fines shall be imposed for
exploiting surface water for electricity generation without obtaining a license
as prescribed, except cases where the violation is serious to the extent of
being considered as a crime under the Criminal Code:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving an installed capacity
not exceeding 500 kW;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving an installed capacity
ranging from 500 kW to less than 1.000 kW;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving an installed capacity
ranging from 1.000 kW to less than 2.000 kW;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving an installed capacity
ranging from 2.000 kW to less than 5.000 kW;
dd) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for the violation involving an installed capacity
ranging from 5.000 kW to less than 7.000 kW;
e) A fine ranging from VND 90.000.000 to VND
110.000.000 shall be imposed for the violation involving an installed capacity
ranging from 7.000 kW to less than 10.000 kW;
g) A fine ranging from VND 110.000.000 to VND
140.000.000 shall be imposed for the violation involving an installed capacity
ranging from 10.000 kW to less than 20.000 kW;
h) A fine ranging from VND 140.000.000 to VND
170.000.000 shall be imposed for the violation involving an installed capacity
ranging from 20.000 kW to less than 30.000 kW;
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k) A fine ranging from VND 200.000.000 to VND
230.000.000 shall be imposed for the violation involving an installed capacity
ranging from 40.000 kW to less than 50.000 kW;
l) A fine ranging from VND 230.000.000 to VND
250.000.000 shall be imposed for the violation involving an installed capacity
of 50.000 kW or more.
8. The following fines shall be imposed for
exploiting seawater for one of these purposes: production, business, service
production and aquaculture on islands or the mainland, without obtaining a
license as prescribed, except cases where the violation is serious to the
extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving a volume of less than
200.000 m3/24 hours;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a volume ranging from
200.000 m3/24 hours to less than 300.000 m3/24 hours;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a volume ranging from
300.000 m3/24 hours to less than 500.000 m3/24 hours;
d) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for the violation involving a volume ranging from
500.000 m3/24 hours to less than 700.000 m3/24 hours;
dd) A fine ranging from VND 60.000.000 to VND
90.000.000 shall be imposed for the violation involving a volume ranging from
700.000 m3/24 hours to less than 1.000.000 m3/24 hours;
e) A fine ranging from VND 90.000.000 to VND
120.000.000 shall be imposed for the violation involving a volume ranging from
1.000.000 m3/24 hours to less than 1.500.000 m3/24 hours;
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h) A fine ranging from VND 150.000.000 to VND
180.000.000 shall be imposed for the violation involving a volume ranging from
2.000.000 m3/24 hours to less than 3.000.000 m3/24 hours;
i) A fine ranging from VND 180.000.000 to VND
210.000.000 shall be imposed for the violation involving a volume ranging from
3.000.000 m3/24 hours to less than 5.000.000 m3/24 hours;
k) A fine ranging from VND 210.000.000 to VND
250.000.000 shall be imposed for the violation involving a volume of 5.000.000
m3/24 hours or more.
9. The following fines shall be imposed for
constructing river, stream, canal and ditch damming works for one of these
purposes: saltwater intrusion prevention, source creation, inundation control
and landscape creation, without obtaining a license as prescribed (except the
cases specified in clauses 5, 6 and 7 of this Article):
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving a total length of
river, stream, canal and ditch damming works (including culverts) not exceeding
45 m;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a total length of
river, stream, canal and ditch damming works (including culverts) of from 45 m
to less than 60 m;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a total length of
river, stream, canal and ditch damming works (including culverts) of 60 m or
more.
10. The following fines shall be imposed for
exploiting surface water in respect of reservoirs and rolling weirs in cases
other than those specified in clauses 5, 6, 7 and 9 of this Article without
obtaining a license as prescribed, except cases where the violation is serious
to the extent of being considered as a crime under the Criminal Code:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving a reservoir with total
capacity not exceeding 01 million m3;
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c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a reservoir with total
capacity ranging from 10 million m3 to less than 100 million m3;
d) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for the violation involving a reservoir with total
capacity of 100 million m3 or more.
11. Remedial measures:
a) The violating entity is compelled to return
illegal profits earned from any of the violations in clauses 4, 5, 6 and 7 of
this Article;
b) The violating entity is compelled to take
measures for control of water source deterioration or depletion in case of
commission of one of the violations in this Article if it causes a decline in
quantity and quality of water sources;
c) The entity committing any of the violations in
this Article is compelled to follow procedures for declaration or registration
of exploitation and use of water resources or to submit an application for
license as prescribed if they wish to continue their exploitation activities.
Article 27. Violations against
regulations on water resource exploration and exploitation licenses
1. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide information/data relating to
exploitation and use of water resources as prescribed in the license or at the
request of a competent authority;
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c) Submit reports on water resource exploitation to
competent authorities less than 60 days after the prescribed deadline.
2. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to submit reports on water resource
exploitation or submitting them to competent authorities 60 days or more after
the prescribed deadline.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Carrying out water resource exploration or
exploitation for the purposes other than the licensed ones;
b) Carrying out water resource exploitation against
the regime specified in the issued license;
c) Carrying out water resource exploration or
exploitation at locations other than the licensed ones;
d) Exploiting surface water from the water source
other than the licensed one;
dd) Carrying out groundwater exploration or
exploitation at the aquifers other than the licensed ones;
e) Exploiting surface water or seawater adopting an
exploitation method other than the licensed one;
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4. The following fines shall be imposed for
exploiting groundwater with the pumping water level exceeding the permissible
one:
a) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if total days of violation are less than 10 days;
b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if total days of violation are from 10 days to less
than 30 days;
c) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed if total days of violation are from 30 days to less
than 50 days;
d) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed if total days of violation are 50 days or more.
5. Regarding the act of exploiting water resources
with a volume exceeding the licensed one (except the act of taking advantage of
water resources for exploiting water surface of a hydropower project which
leads to the volume and power generation capacity exceeding the licensed ones
but does not fall into the case specified in clause 6 of this Article), the
fine imposed shall be determined on the basis of the highest volume exceeding
the licensed volume, licensed exploitation purpose, and total days of violation,
except cases where the violation is serious to the extent of being considered
as a crime under the Criminal Code. To be specific:
a) If total days of violation are less than 10
days, the fine imposed shall equal 20% of the corresponding fine imposed for
the volume of water exploited without license specified in clause 4, 5, 6, or 8
Article 26 of this Decree;
b) If total days of violation are from 10 days to
less than 30 days, the fine imposed shall equal 40% of the corresponding fine
imposed for the volume of water exploited without license specified in clause
4, 5, 6, or 8 Article 26 of this Decree;
c) If total days of violation are from 30 days to
less than 50 days, the fine imposed shall equal 60% of the corresponding fine
imposed for the volume of water exploited without license specified in clause
4, 5, 6, or 8 Article 26 of this Decree;
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6. Regarding the act of installing generators with
a capacity exceeding the licensed one for exploiting surface water for
hydropower purpose, the fine for the installed capacity exceeding the licensed
one shall be imposed according to provisions of clause 7 Article 26 of this
Decree, except cases where the violation is serious to the extent of being
considered as a crime under the Criminal Code.
7. A fine ranging from VND 50.000.000 to VND 60.000.000
shall be imposed for committing one of the following violations:
a) The act of exploiting surface water specified in
clause 5 or 6 of this Article which causes serious water source pollution or
depletion;
b) The act of exploring or exploiting groundwater
specified in clause 3, 4, or 5 of this Article which causes serious land
subsidence or deformation of structures or saltwater intrusion or water source
depletion or pollution;
c) The act of operating reservoirs or rolling weirs
specified in clause 5 or 6 of this Article which causes flood or inundation
which severely affects the production and daily life of residents in the
highland and lowland of the reservoir or rolling weir.
8. Additional penalties:
a) Surface water exploitation shall be suspended
for a fixed period of 01 - 03 months in case of commission of the violation in
point a or c clause 7 of this Article;
b) Groundwater exploration or exploitation at wells
where serious land subsidence or deformation of structures or saltwater
intrusion or water source depletion or pollution occurs shall be suspended for
a fixed period of 01 - 03 months in case of commission of the violation in
point b clause 7 of this Article.
9. Remedial measures:
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b) The violating entity is compelled to take
measures for control of water source deterioration or depletion in case of
commission of the violation in point a or b clause 7 of this Article;
c) The violating entity is compelled to take measures
for control of water source pollution in case of commission of the violation in
point a or b clause 7 of this Article;
d) The violating entity is compelled to take
measures for control of saltwater intrusion in case of commission of the
violation in point b clause 7 of this Article;
dd) The violating entity is compelled to take
measures for control of land subsidence in case of commission of the violation
in point b clause 7 of this Article;
e) The violating entity is compelled to remedy
damage resulting from acts causing deformation of structures in point b clause
7 of this Article;
g) The violating entity is compelled to take
measures for control of flood, inundation or artificial flooding in case of
commission of the violation in point c clause 7 of this Article;
h) The entity committing the violation in point d
or dd clause 3 of this Article is compelled to follow procedures for
declaration or registration of exploitation and use of water resources or to
submit an application for license as prescribed if they wish to continue their
exploitation activities.
Article 28. Violations against
regulations on registration of exploitation and use of water resources
1. A fine ranging from VND 300.000 to VND 500.000
shall be imposed for failing to provide information/data relating to
exploitation and use of water resources according to regulations on
registration of exploitation and use of water resources at the request of a
competent authority.
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3. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to take measures for ensuring safety,
preventing and remedying incidents occurring during the exploitation and use of
water resources which are subject to compulsory registration.
4. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Committing the violation involving groundwater
exploitation specified in clause 2 or 3 of this Article which causes land subsidence
or pollution or saltwater intrusion in aquifers or severely affects
exploitation activities of other groundwater exploitation structures;
b) Committing the violation involving exploitation
and use of water resources specified in clause 2 or 3 of this Article which
pollutes the surface water source, obstructs the flow, damages the river, canal
and ditch bed, bank and terrace, or affects other water exploitation and use
structures.
5. Remedial measures:
a) The violating entity is compelled to take measures
for control of land subsidence in case of commission of the violation in point
a clause 4 of this Article;
b) The violating entity is compelled to take
measures for control of saltwater intrusion in case of commission of the
violation in point a clause 4 of this Article;
c) The violating entity is compelled to take
measures for control of water source pollution in case of commission of one of
the violations in clause 4 of this Article.
Article 29. Violations against
regulations on dams, reservoirs
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2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Carrying out aquaculture in a reservoir bed in a
manner which affects the dam and reservoir safety, or water source quality, or
capacity of the dam and reservoir for flood prevention and control, and supply
of water to the lowland;
b) Using reservoir water surface for business or
service provision in a manner which affects the dam and reservoir safety, or
water source quality, or capacity of the dam and reservoir for flood prevention
and control and supply of water to the lowland;
c) Using reservoir water surface for solar power
production in a manner which affects the dam and reservoir safety, or water
source quality, or capacity of the dam and reservoir for flood prevention and
control and supply of water to the lowland.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to develop plans for planting water
source protection corridor boundary markers for hydropower dams and reservoirs
as prescribed;
b) Carrying out planting of water source protection
corridor boundary markers for hydropower dams and reservoirs against the plans
approved by competent authorities;
c) Failing to install communication and alerting
equipment for safety of dams and lowlands in respect of irrigation reservoirs
and dams.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Failing to comply with technical regulations on
planting of water source protection corridor boundary markers promulgated by
competent authorities, except for irrigation reservoirs and rolling weirs;
c) Failing to calculate and forecast the amount of
water entering reservoirs and dams to serve operations of reservoirs and
rolling weirs.
5. The following fines shall be imposed for failing
to maintain minimum flows of reservoirs or rolling weirs as prescribed:
a) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed if total days of violation are less than 10 days;
b) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed if total days of violation are from 10 days to
less than 30 days;
c) A fine ranging from VND 120.000.000 to VND
140.000.000 shall be imposed if total days of violation are from 30 days to
less than 50 days;
d) A fine ranging from VND 140.000.000 to VND
160.000.000 shall be imposed if total days of violation are 50 days or more.
6. The following fines shall be imposed for failing
to maintain the required water level during flood seasons as prescribed in the
reservoir operation procedure:
a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed if total days of violation are less than 10 days;
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c) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed if total days of violation are from 30 days to less
than 50 days;
d) A fine ranging from VND 90.000.000 to VND
110.000.000 shall be imposed if total days of violation are 50 days or more.
7. The following fines shall be imposed for
operating a reservoir to discharge water with a volume other than the one
specified in the procedure for operation of reservoir under normal weather
conditions:
a) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if total days of violation are less than 10 days;
b) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if total days of violation are from 10 days to less
than 30 days;
c) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed if total days of violation are from 30 days to
less than 50 days;
d) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed if total days of violation are 50 days or more.
8. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Operating a reservoir to discharge water with a
volume other than the one specified in the procedure for operation of reservoir
under flood conditions;
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9. A fine ranging from VND 220.000.000 to VND
250.000.000 shall be imposed for failing to obey the orders for operation of
reservoirs and rolling weirs issued by competent authorities in case of floods,
inundations, droughts, water scarcity, or other emergency cases resulting in
severe effects on the lowlands, except cases where the violation is serious to
the extent of being considered as a crime under the Criminal Code.
10. Penalties for failing to develop and approve
disaster response plans shall be imposed according to regulations of law on
handling of administrative violations in the field of disaster preparedness and
control.
11. Penalties for failing to have or implement
approved emergency case response plans for irrigation reservoirs and dams shall
be imposed according to regulations of law on handling of administrative
violations in the field of irrigation; penalties for failing to formulate or
failing to implement or improperly implementing emergency case response plans
for hydropower reservoirs and dams approved by competent authorities shall be
imposed according to regulations of law on handling of administrative
violations in the field of electricity, and safety of hydropower dams.
12. Penalties for failing to install communication
and alerting equipment for safety of dams and lowlands in respect of hydropower
reservoirs and dams shall be imposed according to regulations of law on
handling of administrative violations in the field of electricity, and safety
of hydropower dams.
13. Remedial measures:
a) The violating entity is compelled to remedy
damage resulting from acts causing flood, inundation or artificial flooding
which affects production and daily life of residents in lowlands in case of
commission of any of the violations in clauses 6, 7, 8, and 9 of this Article;
b) The violating entity is compelled to remedy
damage resulting from acts causing water scarcity which affects production and
daily life of residents in lowlands in case of commission of any of the
violations in clauses 5, 6, 7, 8, and 9 of this Article.
Article 30. Violations against
other regulations on management of water resources
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to return the issued groundwater
exploration license or water resource exploitation license to the licensing
authority after obtaining a new one as prescribed.
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a) Publishing or disclosing inadequate information
on collection of opinions from representatives of residential communities and
relevant entities;
b) Failing to comply with the prescribed time limit
and period for publicly posting the information on collection of opinions from
representatives of residential communities and relevant entities.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to publicly post the information on
collection of opinions from representatives of residential communities and
relevant entities;
b) Publishing or disclosing untruthful information
on collection of opinions from representatives of residential communities and
relevant entities;
c) Altering or falsifying contents of the license.
4. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Forging documents included in an application for
water resource exploration or exploitation license, except cases where the
violation is serious to the extent of being considered as a crime under the
Criminal Code;
b) Declaring untruthful information in an
application for water resource exploration or exploitation license;
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5. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for constructing reservoirs, dams, water
exploitation structures, or facilities for water regulation and storage, or
water source development against water resources plannings, provincial-level
plannings, or specialized and technical plannings containing contents related
to the exploitation and use of water resources.
6. Remedial measures:
The violating entity is compelled to return the
license whose contents have been erased or altered to the licensing authority in
case of commission of the violation in point c clause 3 of this Article.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON PREVENTION OF, RESPONSE TO AND RECOVERY FROM DAMAGE CAUSED BY
WATER
Article 31. Violations against
regulations on assurance of flow circulation, prevention and control of
droughts, water scarcity, floods, inundations, artificial flooding, river bank
and terrace erosion
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Exploring and mining minerals in a river,
stream, canal or ditch without ensuring the flow circulation;
b) Building any bridge, wharf or any other
structure which restricts the flow of, or crosses, a river, stream, canal or
ditch without ensuring the flow circulation;
c) Placing any pipeline or cable across a river,
stream, canal or ditch without ensuring the flow circulation;
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2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Filling and sealing any pond, lake or lagoon
included in the list of ponds, lakes and lagoons prohibited from leveling
issued by a competent authority;
b) Using a pond, lake or lagoon included in the
list of ponds, lakes and lagoons prohibited from leveling for a purpose other
than the prescribed one.
3. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to meet the requirements regarding
protection, prevention and control of river and lake bed, bank and terrace
erosion when carrying out improvement of river and lake bed, bank and terrace,
or construction of hydraulic structures, or mining of sand, gravel and other
minerals in rivers, lakes and water source protection corridors according to
decisions on approval of environmental impact assessment reports issued by
competent authorities.
4. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the act of violation specified in clause 3 of
this Article which causes erosion and/or adverse impacts on the stability of
river and lake bed, bank and terrace and water source protection corridors.
5. A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for encroaching on or leveling rivers, streams,
canals or ditches, placing obstructions or obstacles, building
architectures, or planting trees, thus hindering flood drainage and water flow
of rivers, streams, reservoirs, canals or ditches but taking no remedial
measures.
6. Penalties for the violations specified in
clauses 1, 3, 4 and 5 of this Article which are committed on canals or ditches
of hydraulic structure system and dike protection corridors shall be imposed
according to regulations of law on handling of administrative violations in the
field of irrigation and flood control systems.
7. Remedial measures:
The violating entity is compelled to relocate or
demolish obstructions, obstacles, works or work items which hinder the flow
circulation in case of commission of any of the violations in clauses 1 and 5
of this Article.
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1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to ensure the prevention and control of
saltwater intrusion into aquifers during exploration and exploitation of
groundwater in the delta and coastal areas;
b) Failing to take measures to prevent and control
water source salinization when exploiting and using water resources for
agricultural production and aquaculture;
c) Carrying out exploitation of seawater for
socio-economic development in a manner which causes salinization of water
sources.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for failing to comply with procedures, standards
and technical regulations for ensuring the prevention and control of saltwater
intrusion during management and operation of saltwater prevention and freshwater
retention culverts, reservoirs, and water regulation works.
3. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for committing any of the violations in points a, b
clause 1 and clause 2 of this Article if it causes saltwater intrusion.
4. Remedial measures:
a) The violating entity is compelled to take
measures for control of saltwater intrusion in case of commission of the
violation in clause 3 of this Article;
b) The violating entity is compelled to remedy
damage resulting from the violation causing saltwater intrusion specified in
clause 3 of this Article.
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Article 33. Violations against
other regulations on water resource-related services
1. A fine ranging from VND 10.000.000 to VND 20.000.000
shall be imposed for committing one of the following violations:
a) Failing to connect, exchange, and share
information/data about water resource-related products and services with the
national water resources information system and database;
b) Making untruthful declarations in the capacity
dossier for provision of water resource-related services.
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for allocating or using officials whose
professional competence is inappropriate for work contents and requirements
when providing water resource-related services.
3. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for providing water resource-related services
without meeting relevant conditions as prescribed.
4. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for failing to supervise the reservoir and
inter-reservoir operation decision support service provider as prescribed.
Article 34. Violations against
regulations on fees for grant of water resource exploitation rights
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
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b) Submitting an application for calculation of
fees for grant of water resource exploitation right or application for
adjustment thereof less than 60 days after the prescribed deadline.
2. The following fines shall be imposed for failing
to submit or submitting an application for adjustment of fees for grant of
water resource exploitation right to a competent authority 60 days or more
after the prescribed deadline:
a) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving a license issued by the
provincial-level People's Committee or its Chairperson;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a license issued by the
Ministry of Agriculture and Environment of Vietnam.
3. The following fines shall be imposed for failing
to submit or submitting an application for calculation of fees for grant of
water resource exploitation right to a competent authority 60 days or more
after the prescribed deadline:
a) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a license issued by the
provincial-level People's Committee or its Chairperson;
b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a license issued by the
Ministry of Agriculture and Environment of Vietnam.
4. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for failing to provide or inaccurately providing
information/data about water supply for the determination of percentage of
amount of water supplied to serve purposes of the concentrated water supply
system to competent authorities as prescribed.
5. Remedial measures:
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b) The violating entity is compelled to submit
application for calculation of fees for grant of water resource exploitation
right in case of commission of the violation in clause 3 of this Article.
Article 35. Violations against
regulations on audit of compliance with law on water resources
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Providing inadequate information and documents
related to the matters of the audit of compliance with the law on water
resources;
b) Failing to provide information and documents
related to the matters of the audit of compliance with the law on water
resources by the prescribed deadline;
c) Providing untruthful information and documents
related to the matters of the audit of compliance with the law on water
resources.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to provide information and documents
related to the matters of the audit of compliance with the law on water
resources.
3. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for failing to cooperate with, or comply with
requirements, recommendations and conclusions given by, audit teams in charge
of conducting audits of compliance with the law on water resources, or
competent authorities that issue decisions on audits of compliance with the law
on water resources as prescribed.
Chapter III
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Article 36. Power of
Chairpersons of People’s Committees
Chairpersons of People’s Committees shall have the
power to impose penalties for the administrative violations specified in
Chapter II hereof within their competence and under their management. To be
specific:
1. Chairpersons of People’s Committees of communes,
wards or provincially-affiliated special zones (hereinafter referred to as
“commune-level”) shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 125.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
2. Chairpersons of People’s Committees of provinces
or cities (hereinafter referred to as “provincial-level”) shall have the power
to:
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b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
Article 37. Power of Directors
General (Directors) of Departments affiliated to Ministries and heads of audit
teams established by Ministers
1. Director General (Director) of the Department of
Water Resources Management shall have the power to impose penalties for the
administrative violations specified in Chapter II hereof. To be specific:
a) Issue warning;
b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
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dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
2. Directors General (Directors) of the Industrial
Safety Techniques and Environment Agency, the Electricity Authority of Viet
Nam, the Department of Management and Construction of Hydraulic Structures, and
Vietnam Disaster and Dyke Management Authority shall have the power to
impose penalties for the administrative violations specified in Article 16,
point b clause 4 Article 28, clause 2, clause 9 Article 29 of this Decree
within their competence, and in the fields within their scope of management. To
be specific:
a) Issue warning;
b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
3. Heads of audit teams established by the Minister
of Construction shall have the power to impose penalties for the administrative
violations specified in clause 1, clause 2 Article 13, point a clause 3 and
point a clause 4 Article 14, Article 16, point b clause 1 Article 31 of this
Decree within their competence, and in the fields within their scope of
management during the audit period. To be specific:
a) Issue warning;
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c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
5. Heads of organizations that are affiliated to
the Ministry of Agriculture and Environment of Vietnam and assigned to perform
audit functions and tasks within the Ministry’s scope of state management shall
have the power to impose penalties as prescribed in clause 1 of this Article.
6. Heads of audit teams established by the Minister
of Industry and Trade of Vietnam shall have the power to impose penalties as
prescribed in clause 2 of this Article during the audit period.
Article 38. Power of Directors
of provincial-level Departments and heads of audit teams established by
Directors General (Directors) of Departments
1. Directors of Provincial-level Departments of
Agriculture and Environment shall have the power to impose penalties for the
administrative violations specified in Chapter II hereof. To be specific:
a) Issue warning;
b) Impose a fine up to VND 200.000.000;
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d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
2. Directors of Provincial-level Departments of
Industry and Trade shall have the power to impose penalties for the
administrative violations specified in Article 16, point b clause 4 Article 28,
clause 2, clause 9 Article 29 of this Decree within their competence, and in
the fields within their scope of management. To be specific
a) Issue warning;
b) Impose a fine up to VND 200.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
3. Directors of Provincial-level Departments of
Construction shall have the power to impose penalties for the administrative
violations specified in clause 1, clause 2 Article 13, point a clause 3 and
point a clause 4 Article 14, Article 16, point b clause 1 Article 31 of this
Decree within their competence, and in the fields within their scope of
management. To be specific:
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b) Impose a fine up to VND 200.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
4. Power of heads of audit teams established by
Directors General (Directors) of Departments:
a) Heads of audit teams established by Director
General (Director) of the Department of Water Resources Management shall have
the power to impose penalties as prescribed in clause 1 of this Article during
the audit period;
b) Heads of audit teams established by Director
General (Director) of the Industrial Safety Techniques and Environment Agency,
the Electricity Authority of Viet Nam, the Department of Management and Construction
of Hydraulic Structures, or Vietnam Disaster and Dyke Management Authority
shall have the power to impose penalties as prescribed in clause 2 of this
Article during the audit period.
Article 39. Power of People’s
Public Security Forces
People’s Public Security Forces shall have the
power to impose penalties for the administrative violations specified in
Article 11, Article 13, Article 26, clause 5, clause 6, clause 7, clause 8 and
clause 9 Article 27, Article 31 and Article 32 of this Decree within their
competence, and in the fields within their scope of management. To be specific:
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a) Issue warning;
b) Impose a fine up to VND 25.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
50.000.000.
a) Issue warning;
b) Impose a fine up to VND 75.000.000;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 150.000.000;
d) Impose the remedial measures specified in Point
e Clause 1 Article 28 of the Law on Handling of Administrative Violations.
3. Commune-level Police Chiefs shall have the power
to:
a) Issue warning;
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c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
4. Heads of professional divisions of the following
authorities, including the Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes; Environment Police Department; and
Traffic Police Department, and heads of divisions affiliated to
provincial-level police departments, including: Traffic Police Divisions;
Police Divisions for Investigation into Corruption, Economy, and
Smuggling-related Crimes; Economic Security Divisions; and Fleet commanders
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in Clause
1 Article 28 of the Law on Handling of Administrative Violations and clause 3
Article 4 of this Decree.
6. Directors General (Directors) of Environment
Crime Prevention and Fighting Police Department, Police Department for
Investigation into Corruption, Economy and Smuggling-related Crimes, and
Traffic Police Department shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
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dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
Article 40. Power of Border
Guard Forces
Border Guard Forces shall have the power to impose
penalties for the administrative violations specified in clause 4 and clause 5
Article 9, Article 10, clause 2 Article 11, clause 1 and clause 2 Article 13,
Article 25, Article 26, Article 27, Article 28, Article 30 and Article 32 of
this Decree occurring in border areas within their competence, and in the
fields within their scope of management. To be specific:
1. On-duty soldiers of the Border Guard Forces
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 12.500.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
25.000.000.
2. Station Heads or Team Leaders in charge of
supervising the soldiers mentioned in clause 1 of this Article shall have the
power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 50.000.000;
d) Impose the remedial measures specified in Point
e Clause 1 Article 28 of the Law on Handling of Administrative Violations.
3. Leaders of Task Force Teams for Drug and Crime
Prevention and Control which are put under the control of Task Force
Commissions for Drug and Crime Prevention and Control shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 37.500.000;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 75.000.000;
d) Impose the remedial measures specified in Point
e Clause 1 Article 28 of the Law on Handling of Administrative Violations.
4. Heads of Border Guard Posts, Captains of Naval
Border Guard Flotillas, and Commanding Officers of Border Guard Commands at
port border checkpoints shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 150.000.000;
d) Impose the remedial measures specified in Clause
1 Article 28 of the Law on Handling of Administrative Violations and clause 3
Article 4 of this Decree.
5. Heads of Task Force Commissions for Drug and Crime
Prevention and Control which are put under control of the Drug and Crime
Prevention and Control Department affiliated to the Border Guard High Command
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 125.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
6. Commanding Officers of Border Guard Commands;
Captains of Naval Border Guard Squadrons, and Director General of the Drug and
Crime Prevention and Control Department affiliated to the Border Guard High
Command shall have the power to:
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b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
Article 41. Power of Coast
Guard Forces
Coast Guard Forces shall have the power to impose
penalties for the administrative violations specified in Article 9, Article 10,
clause 2 Article 11, Article 25, Article 26, Article 27, Article 28, Article 30
and Article 32 of this Decree within their competence, and in the fields and
areas within their scope of management. To be specific:
1. Police Officers on duty of the Coast Guard
Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 12.500.000;
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2. Coast Guard Team Leaders shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
50.000.000.
3. Heads of Coast Guard Units or Coast Guard
Stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 100.000.000;
d) Impose the remedial measures specified in Point
e Clause 1 Article 28 of the Law on Handling of Administrative Violations.
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a) Issue warning;
b) Impose a fine up to VND 75.000.000;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth not
exceeding VND 150.000.000;
d) Impose the remedial measures specified in Points
e and i Clause 1 Article 28 of the Law on Handling of Administrative Violations
and clause 3 Article 4 of this Decree.
5. Captains of Coast Guard Squadrons, Heads of
Reconnaissance Commissions, Heads of Task Force Commissions for Drug Crime
Prevention and Control under the control of Vietnam Coast Guard shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 125.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
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6. Regional Coast Guard Commanders, Director
General of the Department of Operations and Legislation under the control of
Vietnam Coast Guard shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200.000.000;
c) Suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
7. Vietnam Coast Guard Commander shall have the
power to:
a) Issue warning;
b) Impose a fine up to the maximum fine specified
in clause 1 Article 5 of this Decree;
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d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Clause 1 Article 28 of the Law on Handling of Administrative Violations and
clause 3 Article 4 of this Decree.
Article 42. Power to make
records of administrative violations
1. Records of administrative violations in the
field of water resources shall be made according to provisions of the Law on
Handling of Administrative Violations.
2. Persons having power to make records of the
administrative violations prescribed herein include:
a) Persons who have the power to impose
administrative penalties prescribed in this Decree but are do not work under
the control of People’s Armed Forces or People’s Public Security Forces shall
have the power to make records of administrative violations falling in the
fields within their scope of management and detected during their performance
of tasks.
Persons who have the power to impose administrative
penalties and work under the control of People’s Armed Forces or People’s
Public Security Forces shall have the power to make records of the
administrative violations prescribed in this Decree and detected during their
performance of tasks;
b) Officials and public employees who are
conducting inspections or audits in the field of water resources or interdisciplinary
inspections or audits of which subject matters include water resources;
c) Officials and persons of People’s Armed Forces
or People’s Public Security Forces shall have the power to make records of the
administrative violations prescribed in this Decree and detected during their
performance of tasks;
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Article 43. Responsibilities
of relevant authorities and entities during suspension of operations for fixed
periods
1. Within the ambit of their responsibilities and
powers, Provincial-level People’s Committees shall direct their affiliated
agencies and units to cooperate in supervising the execution of decisions on handling
of administrative violations committed by entities in their provinces.
2. An entity whose operations are suspended for a
fixed period or that is compelled to take remedial measures against their
administrative violation shall strictly execute the issued penalty imposition
decision; facilitate competent authorities’ supervision of their execution of
such decision; submit reports on results of execution of such decision to the
agency or unit where the person issuing the decision is working, competent
authority that issues the water resource exploitation license, the relevant
Provincial-level Departments of Agriculture and Environment, and the People’s
Committee of commune where the water exploitation structure is located for
audit and supervision purposes.
3. During their consideration and handling of an
administrative violation, the person who issues the decision to impose
administrative penalties shall notify and request the licensing authority in
writing to consider making a final decision on suspension of the issued license
in case the violation results in suspension of the license as prescribed in
Article 11 of the Government's Decree No. 54/2024/ND-CP dated May 16, 2024.
Chapter IV
IMPLEMENTATION
Article 44. Transition
1. Penalties for administrative violations in the
field of water resources which have been committed and terminated before the
effective date of this Decree but have been detected afterwards or are put
under consideration shall be imposed in accordance with provisions of the Decrees
in effect at the time of the violation commission.
2. Penalties for administrative violations in the
field of water resources which have been committed before the effective date of
this Decree but are still ongoing at the time this Decree takes effect shall be
imposed in accordance with provisions of this Decree.
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3. If any violating entity files a complaint
against the decision to impose penalties for an administrative violation in the
field of water resources which has been issued or fully executed before the
effective date of this Decree, such a complaint shall be considered and settled
in accordance with regulations of law on penalties for administrative
violations in effect at the time of issuance of such decision.
4. If an administrative violation has been detected
and is put under consideration but the competent agency or title holder in
charge of handling the violation stops operating, the agency or title holder
receiving functions and tasks in the relevant administrative division or field
shall continue handling the violation or transfer it to a competent person for
consideration in accordance with regulations of law.
5. If a decision to impose penalties for an
administrative violation has been issued, the agency of title holder receiving
functions and tasks in the relevant administrative division or field shall take
charge of the execution, enforcement, modification or invalidation of such
decision or issuance of any new decision in handling such administrative
violation or transfer the violation to a competent person for consideration in
accordance with regulations of law.
6. A license for exploitation and use of water
resources issued in accordance with regulations of law shall be considered as
the equivalent of a water resource exploitation license during consideration
and determination of a violation as prescribed herein.
7. The inter-reservoir operation procedure issued
by the Prime Minister shall be considered as the equivalent of the real-time
inter-reservoir operation procedure during consideration and determination of a
violation as prescribed herein.
8. Online handling of the administrative violations
prescribed in this Decree shall apply when infrastructure, technical and
information requirements are satisfied in accordance with regulations of law on
handling of administrative violations.
Article 45. Effect
1. This Decree comes into force from December 25,
2025.
2. The remedial measure that is enforced return of
illegal profits earned from the administrative violation in clause 5 Article 26
of this Decree which involves the exploitation of water from a hydraulic
structure constructed and put into operation before January 01, 2013 shall
apply from July 01, 2027.
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a) Clause 2 Article 1 and Chapter II;
b) The phrase ”tài nguyên nước" (“water
resources”) in headings of the Decree, Chapter IV, and clause 1 Article 72;
c) Provisions on water resources in clause 1,
clause 4 Article 1; clause 1, clause 2 Article 2; clause 1, clause 2 and clause
3 Article 4; point b clause 4 and clause 5 Article 63.
4. The following provisions of the Government’s
Decree No. 04/2022/ND-CP dated January 06, 2022 are abrogated:
a) Clause 4, clause 5, clause 6, clause 7, clause
8, clause 9, clause 10, clause 11, clause 12 and clause 31 Article 2;
b) The phrase ”tài nguyên nước" (“water
resources”) in headings of the Decree, Article 2, and clause 2 Article 5;
c) Provisions on water resources in point b, point
c and point d clause 2 Article 2; clause 3 Article 2; clauses 31, 32, 33, 34
and 35 Article 2.
5. Chairpersons of the People’s Committees of
provinces and cities shall, within the ambit of their tasks and powers,
cooperate with relevant authorities in directing specialized water resource
agencies, and their affiliated agencies to execute decisions on imposition of
the additional penalties prescribed in point a clause 2 Article 4 or the remedial
measures prescribed in clause 3 Article 4 of this Decree.
6. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees of provinces or
cities, and relevant entities shall be responsible for the implementation of
this Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha