THE
GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
---------------
|
No.
90/2009/ND-CP
|
Hanoi, October
20, 2009
|
DECREE
PROVIDING FOR SANCTIONS AGAINST ADMINISTRATIVE
VIOLATIONS IN CHEMICAL OPERATION
GOVERNMENT
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the 2002 Ordinance
on Handling administrative violations and the 2008 Ordinance on amending and
supplementing a number of articles of the the Ordinance on Handling
administrative violations;
At the proposal of the Minister
of Industry and Trade,
DECREE:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
GENERAL
PROVISIONS
Article 1.
Scope of regulation
1. This Decree provides for
sanctions against administrative violations in chemical operation, including:
a) Violations of regulations on
chemical production and business;
b) Violations of regulations on
dangerous chemical transport;
c) Violations of regulations on
storage and preservation of dangerous chemicals in chemical production and
business;
d) Violations of regulations on
safe distance applicable to the facilities of dangerous chemical production and
business;
dd) Violations of regulations on
export, import, temporary import for re-export, transport of transit chemicals
e) Violations of regulations on
treating, eliminating chemical residues, waste and
instruments containing chemicals;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Violations of regulations on
classification and labelling of chemicals;
i) Violations of regulations on
packaging of chemicals;
k) Violations of regulations on
the chemical safety slip;
l) Violations of regulations on
using chemicals for laboratory and science research;
m) Violations of regulations on
storage and preservation of dangerous chemicals during chemical production and
business;
n) Violations of regulations on
handling of chemicals that are eliminated during use.
o) Violations of regulations on
elaborating preventive measures, plans for preventing and responding chemical
incidents
p) Violations of regulations on
the chemical declaration;
q) Violations of regulations on
registration of new chemicals;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
s) Violations of regulations on
protecting areas involving dangerous chemical operation;
t) Violations of regulations on
provision and keeping in secret of chemical information;
u) Violations of regulations on
production, import and use reportsof chemicals in List of prohibited chemicals.
2. Acts of administrative
violations in industrial explosive management, scheduled chemical managgement
under the Government’s Decree No. 100/2005/ND-CP dated August 03, 2005 on the
implementation of the Convention of the prohibition of the development,
production, stockpiling and use of chemical weapons and on their destruction,
and radioactive materials are not subject to the governing scope of this
Decree.
3. Acts of administrative violations
in chemical operation that are not directly provided in this Decree shall
comply with other relevant Government’s Decrees on handling administrative
violations in state management.
Article 2.
Subjects of application
1. Vietnamese organizations and
individuals that conduct acts of administrative violations
specified in this Decree.
2. Foreign organizations and
individuals that conduct acts of administrative violations specified in this
Decree on Vietnam’s territory; except for case of international treaties to
which the Vietnam is a contracting party otherwise provides.
3. Minors conducting acts of
administrative violations specified in this Decree shall be sanctiones
according to provisions at the 2002 Ordinance of handling administrative
violations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In this Decree, the following
terms are construed as follows:
1. Chemical production means the process of manufacturing chemicals.
2. The chemical use means the course of bringing chemicals into actual use so as to reach a
definite purpose in economic activities (production, construction, basic
survey, training, researching science, and so on) according to a defined
technological process.
3. Chemical purchase and
provision means the process of performing contracts of
chemical purchase and transport.
4. The chemical preservation means the course of storing the chemicals in warehouses, barrels and
tanks specialized in containing chemicals at the storing locations.
5. Research for experimental
chemical preparation means the process of
manufacturing new chemical products. Research for experimental preparation may
include whole process of manufacturing product or only one of steps of process
so as to define components, technological process, equipment chains, and so on.
Article 4.
Provision on sanctioning administrative violations
Sanction principles, mitigating or
aggravating circumstances; statute of limitations and time limit for sanction;
time limit for being considered not yet administratively sanctioned; method for
calculation of time limit and statute of limitations; appliction of forms of
sanctioning administrative violations and remedial measures; responsibilities
of competent persons in sanctioning administrative violations shall comply with
provisions of the 2002 Ordinance on handling administrative violations and the
2008 Ordinance on amending and supplementing a number of articles of the
Ordinance on handling administrative violations.
Chapter 2.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5.
Violations of regulations on chemical production and business
1. A fine of between VND 3,000,000
to VND 5,000,000 for organizations and individuals that conduct one of the
following acts:
a) To let raw materials or
chemical products in excess of allowed backlog at production areas;
b) System of records, forms used
for quality examination of chemical products are not available or incorrect
with regulation.
2. A fine of between VND 5,000,000
to VND 10,000,000 for organizations and individuals that conduct one of the
following acts:
a) Putting facility of chemical
production into operation without testing for acceptance, handing over and not
yet being confirmed of eligibility for chemical production by competent state
agencies;
b) Failing to overcome, supplement
conditions of allowing production as requested by competent state agencies but
already conducted chemical production;
c) Failing to have or letting the
regulation, production process, process on operating equipment at production
positions as prescribed be damaged;
d) System of lightning conductors
and earthing devices fails to meet requirement as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e.Letting employees to violate the
regulations on safety in prevention against fire, explosion and poisons at the
production areas.
3. A fine of between VND
10,000,000 to VND 20,000,000 for organizations and individuals that conduct one
of the following acts:
a) Production and business of
chemicals that are not in list of chemicals prescribed by competent state
agencies;
b) Using raw materials for
chemical production and business without clear origins;
c) Production and business not correct
with type of chemical products already registered and allowed to put into
production and use;
d) Failing to implement or failing
to regularly maintain the quality examination of chemical products;
4. A fine of between VND
30,000,000 to VND 40,000,000 for organizations and individuals that conduct one
of the following acts:
a) Organizing the chemical
production and business when not yet been granted permit for chemical
production and business;
b) Repairing, changing structure
of factory part that violate requirements on shielding and protecting inside of
factories or violating requirements on the urgent exit,
ability of bearing and fire resistance of works, or violating the standards on
labor environment hygiene.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Confiscating exhibits of
violations for violations in point b clause 3 of this Article.
6. Remedial measures
a) Forcible restoration of the
initial state that already been changed due to administrative violations for
acts specified in point b clause 4 of this Article;
b) Forcible remedy of the unsafe
status due to administrative violations for acts specified in point dd clause 2
of this Article;
c) Forcing to ask for permission
of state agencies competent to grant permit for chemical production and
business as prescribed at point a clause 4 of this Article.
Article 6.
Violations of regulations on dangerous chemical transport
Organizations and individuals
violate regulations on dangerous chemical transport will be sanctioned
administrative violation in accordance with current regulations on dangerous
goods transport in road transportation and inland waterway transportation.
Article 7.
Violations of regulations on storage and preservation of dangerous chemicals
during production and business
1. A fine of between VND 500,000
and VND 1,000,000 for organizations and individuals conduct acts of failing to
arrange separate warehouse or failing to equip means for allocating dangerous
chemicals at the consumption warehouse.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Implementing incorrectly with
regime of making statistics and reporting, incorrectly with procedures for
ex-warehousing and warehousing dangerous chemicals;
b) Failing to implement regime of
examining statistic books, reports on export and import of
dangerous chemicals;
c) Failing to set up notice
boards, signs warning danger at areas of preserving dangerous chemicals as
prescribed.
3. A fine of between VND 3,000,000
to VND 5,000,000 for organizations and individuals that conduct one of the
following acts:
a) Preserving dangerous chemicals
in excess of the preservation scale of warehouse as prescribed;
b) Preserving dangerous chemicals
under various groups in a same space of warehouse while not yet had sufficient
safety conditions as prescribed;
c) Failing to seal, lock the
warehouse’s doors as prescribed.
4. A fine of between VND 5,000,000
to VND 10,000,000 for organizations and individuals that conduct one of the
following acts:
a) Gathering, loading and
unloading or preserving dangerous chemicals at places not yet had permission of
competent state agencies;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The communication system is
equipped insufficiently or not be repaired timely as prescribed;
d) Failing to build or failing to
repair timely fence of warehouse preserving dangerous chemicals;
dd) Failing to maintain and
repairing timely the safeguarding-warehouse stations;
e) Failing to repair timely
defects of the power system, lighting system;
g) Failing to repair timely
defects of warehouse structure, the shielding and protecting walls;
h) Failing to repair or failing to
implement the regime of periodical examination, testing measure for the system
of of lightning conductors and earthing devices;
i) Failing to implement the
handling of expired chemicals, bad-quality chemicals;
k) Acts of administrative
violations about process of chemical preservation for national reserve;
violations of regulations on keeping chemicals in secret related to national
reserve shall be applied according to provisions in the Government’s Decree No.
25/2007/ND-CP dated February 15, 2007, on sanctioning administrative violations
in national reserve.
5. A fine of between VND
10,000,000 and VND 20,000,000 for organizations, individuals conducting acts of
expansion, renovation of chemical preservation warehouse areas violating safe
distance, violating safe requirements on prevention against fire, explosion and
poison, prevention and fighting against flood, storm, the urgent exit.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. A fine of between VND
60,000,000 and VND 70,000,000 for organizations and individuals conducting act
of stealing dangerous chemicals at preservation warehouse of dangerous
chemicals.
If act of stealing dangerous
chemicals is considered to have signs of crime, dossier must be transfer to competent
criminal procedure agencies for criminal prosecution
8. Remedial measures
Forcible restoration of the
initial state that already been changed due to administrative violations for
acts specified in clause 5, clause 6 of this Article;
Article 8. Violations
of regulations on safe distance applicable to the facilities of dangerous
chemical production and business
1. A fine of between VND 500,000
to VND 1,000,000 for organizations and individuals that conduct one of the
following acts:
a) Being out and in, gathering in
scope of dangerous area or safety belt without permission;
b) Grazing cattle or growing plant
in scope of safe belt.
2. A fine of between VND 1,000,000
and VND 5,000,000 for organizations and individuals that conduct act of burning
fire or discharging flammable substances, waste, corrosives, poisons into the
area of safe belt.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND
15,000,000 to VND 25,000,000 for organizations and individuals that conduct one
of the following acts:
a) Failing to have distance for
preventing poison, fire or failing to clean up flammable trees in area of safe
belt;
b) Destroying or damaging the
protecting fence, safe shielding wall of preservation warehouse area of
dangerous chemicals.
5. A fine of between VND
30,000,000 to VND 40,000,000 for organizations and individuals that conduct one
of the following acts:
a) Expanding ground of production
areas violating conditions on safe distance for adjacent works and residential
areas;
b) Having no the outside shielding
wall or structure of outside shielding wall does not meet requirement because
the safe distance has not yet been ensured as prescribed.
6. A fine of between VND
50,000,000 to VND 60,000,000 for organizations and individuals that conduct act
of encroaching land, works construction in the scope of safe belt.
7. Additional forms of sanction
Confiscating exhibits, means of
violations for violations specified in point b clause 1 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Forcible dismantlement of
construction works for acts specified in point a clause 5 of this Article and
acts of the outside shielding wall structure failed to meet requirement because
the safe distance has not yet ensured as prescribed in point b clause 5 of this
Article.
Article 9.
Violations of regulations on export, import, temporary import for re-export,
transport of transit chemicals
1. A fine of between VND 1,000,000
to VND 3,000,000 for organizations and individuals that conduct one of the
following acts:
a) Export, import, temporary
import for re-export, transport of transit chemicals inproperly with kinds,
quantity inscribed in contracts;
b) Declaring wrongly the
respective quality standards and technical standards of chemicals that are
exported, imported, temporarily imported for re-export, transported for transit
in serve for the comparison of customs agencies when doing customs procedures.
2. A fine of between VND 3,000,000
to VND 5,000,000 for organizations and individuals that conduct one of the
following acts:
a) Export, import, temporary
import for re-export, transport of transit chemicals, that must have
permission, is improper with kinds, quantity as provided in permits;
b) Deliberately repeat act of
wrongly declaring the respective quality standards and technical standards of
chemicals that are exported, imported, temporarily imported for re-export,
transported for transit in serve for the examination and comparison of customs
agencies when doing customs procedures.
3. A fine of between VND
10,000,000 to VND 20,000,000 for organizations and individuals that conduct one
of the following acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Signing contracts of or selling
import dangerous chemicals for organizations, individuals using dangerous
chemicals of which dangerous chemical use have been suspended, temporarily
suspended under decisions already issued by competent state management
agencies;
c) Buying dangerous chemicals of
organizations, individuals that are not allowed to do business in export and
import of dangerous chemicals.
4. A fine of between VND
30,000,000 and VND 40,000,000 for organizations and individuals conducting acts
of export, import, temporary import for re-export, transport of transit of dangerous
chemicals when competent state agencies have not yet allowed export, import,
temporary import for re-export, transport of transit.
5. Remedial measures
a) Forcibly declaring correctly
the respective quality standards and technical standards of chemicals that are
exported, imported, temporarily imported for re-export, transported for transit
specified in point b clause 1 and clause 2 of this Article for customs agencies
to examine, compare when doing the customs procedures;
b) Forcibly bringing out Vietnam’s
territory or forcibly re-exporting the material evidences from acts of import
violations specified in clause 4 of this Article.
Article 10.
Violations of regulations on treating, discharging chemical residues, waste and
instruments containing chemicals
1. A fine of between VND
25,000,000 and VND 35,000,000 for organizations, individuals treating, eliminating chemical residues, waster and instruments containing chemicals
incompletely as prescribed by law on environmental protection.
2. A fine of between VND
50,000,000 and VND 60,000,000 for organizations, individuals who fail to
implement or implement inadequately the treatment, elimination of chemical
residues, waster and instruments containing chemicals as prescribed by law on
environmental protection.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Additional forms of sanctions
Depriving the right to use of
permits involving chemical activities.
5. Remedial measures
Forcing to implement the treatment
and elimination of chemical residues, waster and instruments containing
chemicals as prescribed by law on environmental protection.
Article 11.
Violations of regulations on chemical advertisement
Violations of chemical
advertisement shall comply with provisions of the Government’s Decree No. 56/2006/ND-CP
dated June 06, 2006, on sanctioning administrative violations in information
and culture operation.
Article 12.
Violations of regulations on classification and labelling of chemicals
1. A fine of between VND 10,000,000
and VND 20,000,000 for organizations, individuals who fail to implement
classification and labelling of chemicals as prescribed in Article 27 of the
Law on chemicals.
2. Remedial measures
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 13.
Violations of regulations on chemical packaging
1. A fine of between VND 1,000,000
and VND 5,000,000 for organizations and individuals not abiding with technical
regulations on packing chemicals that are stipulated by agencies competent to
management in fields, sectors.
2. A fine of between VND 5,000,000
and VND 10,000,000 for organizations and individuals packing chemicals but
letting chemicals being leaked, emitted during transport,
preservation and storage.
3. A fine of between VND
10,000,000 and VND 20,000,000 for organizations and individuals packing
chemicals but letting the inside chemicals able to erode, destroy and cause harmfulness
to environment during transport, preservation and storage.
4. Remedial measures
Forcible remedy, supplementation
of packing chemicals ensuring requirements in packing chemicals as prescribed
by agencies competent to management of sectors, fields.
Article 14.
Violations of regulations on the chemical safety slip
1. A fine of between VND 3,000,000
and VND 5,000,000 for organizations, individuals who let happening mistakes in
information, content of the chemical safety slips.
2. A fine of between VND
10,000,000 and VND 20,000,000 for organizations, individuals who use deceitful
tricks, provide for false information or content of chemicals in the chemical
safety slips.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Forcing to remedy mistakes in
information and content of the chemical safety slips for violations specified
in clause 1 and clause 2 of this Article.
Article 15.
Violations of regulations on using chemicals for laboratory and science
research
1. A fine of between VND 1,000,000
and VND 2,000,000 for organizations, individuals using instruments containing
chemicals in laboratory and warehouse without labels conformable with
requirement on chemical label as prescribed by law.
2. A fine of between VND 2,000,000
and VND 3,000,000 in case where laboratory fail to make record of monitoring
chemicals so as to update periodically use of chemicals and not store the
chemical safe slips.
3. A fine of between VND 3,000,000
and VND 5,000,000 in case where laboratory fail to have safe devices and labor
protection equipment conformable with the dangerous nature of chemicals.
4. Remedial measures
Forcible remedy for mistakes
involving use of chemicals in laboratory, science research in accordance with
provisions of the Ministry of Science and Technology on use of chemicals for performing
experiments and science research.
Article 16.
Violations of regulations on storage and preservation of dangerous chemicals
during production and business
1. A fine of between VND 2,000,000
and VND 3,000,000 for organizations and individuals of production and business
conducting storage and preservation of dangerous chemicals but not yet ensuring
conditions on safe distance, safe technical requirements during storage and
preservation of chemicals.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of between VND 5,000,000
and VND 10,000,000 for organizations and individuals having no equipment and
means to response incidents conformable with dangerous properties of chemicals.
4. A fine of between VND
30,000,000 and VND 40,000,000 for organizations, individuals having no measures
to prevent and response chemical incidents or plans on preventing and
responding chemical incidents as prescribed by the Chemical Law.
5. Remedial measures
Forcing to remedy mistakes and
ensure requirements on storage, preservation of dangerous chemicals during
chemical production and business as prescribed by the Chemical Law.
Article 17.
Violations of regulations on handling of chemicals that are eliminated during
use
1. A fine of between VND 500,000 and
VND 1,000,000 for organizations, individuals eliminating chemicals used for
consumption purpose in households not complying with recommendations of
producers and law on environmental protection to ensure safety for people and
the environment.
2. A fine of between VND 5,000,000
and VND 10,000,000 for organizations, individuals using unconformable
technologies for handling waste, eliminating chemical residues, waste and
instruments containing chemicals not yet been thoroughly in accordance with law
on environmental protection, that do not ensure safety for people and the
environment.
3. A fine of between VND
70,000,000 and VND 80,000,000 for organizations, individuals violating
regulations on handling chemicals that are eliminated during use, letting the
chemicals that are eliminated causing serious environment pollution.
4. For violations of regulations
on handling of chemicals that are eliminated during use, if violations
influence badly to other useful organisms and cause ecological environment
pollution, the violators will be sanctioned administratively in plant
quarantine and protection.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Depriving the right to use of
permits involving chemical operations.
6. Remedial measures
Forcing to thoroughly process
chemicals that are eliminated during use in accordance with law on
environmental protection, ensuring safety for people and environment.
Article 18.
Violations of regulations on elaborating preventive measures, plan on
preventing and responding against chemical incidents
1. A fine of between VND
10,000,000 and VND 20,000,000 for organizations, individuals who falsify
content of elaborating plan on preventing and responding against chemical
incidents as prescribed by the Law on chemicals.
2. A fine of between VND 30,000,000
and VND 40,000,000 for organizations, individuals who elaborate plan on
preventing and responding against chemical incidents inconsistently with
reality with the aim to be appraised and approved.
3. Remedial measures
Forcing to elaborate plan on preventing and responding against chemical incidents as
prescribed by the Law on chemicals.
Article 19.
Violations of regulations on the chemical declaration
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) To declare inconsistently with
reality about name of chemicals, physical – chemical – mechanical properties of
chemicals, origin of chemicals, volume and use purpose of chemicals;
b) To fail to store dossier of
declaration and documents involving classification of dangerous chemicals as
prescribed;
c) When ending the dangerous
chemical activities, fail to notify agencies received declaration.
2. A fine of between VND
10,000,000 and VND 20,000,000 for organizations, individuals who conduct one of
following acts: Failing to declare or use deceitful tricks to declare
inconsistently with reality about name of chemicals, physical – chemical –
mechanical properties of chemicals, origin of chemicals, volume and purpose of
implementing chemical operation.
3. Remedial measures
Forcing to remedy status to
declare properly with reality; storing dossiers of declaration and documents
involving classification of dangerous chemicals as prescribed.
Article 20.
Violations of regulations on registering for new chemicals
1. A fine of between VND
10,000,000 and VND 20,000,000 for organizations, individuals failing to
implement register for new chemicals, assessment of new chemicals as
prescribed.
2. Remedial measures
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 21.
Violations of regulations on conditions for persons involving the dangerous
chemical activities
1. A fine of between VND 500,000
and VND 2,000,000 for organizations, individuals who conduct one of following
acts:
a) The person directly managing
production and business of the facility of dangerous chemical production and
business is not sufficient standards in accordance with current regulations;
b) Using employees who have no
suitable professional skill in accordance with regulations;
c) Using employees who have not
been trained the process on safety technology in manufacture, use, preservation
and transport of dangerous chemicals and safety technology in poison prevention
and prevention and fighting against fire and explosion in accordance with
regulations;
d) Failing to organize periodical
training, retraining in accordance with regulations for subjects directly
involving the mission of receiving, producing, using, preserving, transporting,
testing the dangerous chemicals.
2. Remedial measures
Forcing to organize periodical
training, retraining in accordance with regulations for subjects directly
involving the mission of receiving, producing, using, preserving, transporting,
testing the dangerous chemicals.
Article 22.
Violations of regulations on protecting areas involving the dangerous chemical
activities
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Letting persons no duty enter
and out in area involving dangerous chemical operation without permission;
b) Failing to implement the regime
of handing over and receipt when handing over the guard shift;
c) Leaving off the guard duty or
failing to implement the regime of guarding and patrol in guard shifts;
d) Failing to timely report
irregular circumstances during guard shifts.
2. A fine of between VND 2,000,000
and VND 5,000,000 for organizations, individuals who conduct one of following
acts:
a) Failing to elaborate internal
rules, regulation on protecting and watching area involving dangerous chemical
operation;
b) Failing to check the watching
and guarding area involving the dangerous chemical operation as prescribed.
3. A fine of between VND 5,000,000
and VND 10,000,000 for organizations, individuals who conduct one of following
acts:
a) Failing to allocate full
payroll of safeguard force for self-defence as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 23.
Violations of regulations on provision and keeping in secret of chemical
information
A fine of between VND 2,000,000
and VND 8,000,000 for agencies or the receiving persons of chemical
declaration, registration and reports conducting one of following acts:
Disclosure of secret of chemical information that must be kept in secret in
accordance with law and regulation on keeping secret of information on chemical
declaration of the Ministry of Industry and Trade.
Article 24.
Violations of regulations on production, import and use reportsof chemicals in
List of prohibited chemicals
1. A fine of between VND 1,000,000
and VND 5,000,000 for organizations, individuals failing to implement
production, import and use reports of chemicals in List of banned chemicals as
prescribed in Article 52 of the Chemical Law.
2. Remedial measures
Forcible implementation of
production, import and use reports of chemicals in List of banned chemicals as
prescribed.
Chapter 3.
AUTHORITY AND PROCEDURES
FOR SANCTION
Article 25. The authority
to impose sanctions of the chairpersons of the People’s Committees at all
levels
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The chairpersons of the
People’s Committees at level of commune, ward have right to sanction:
a) Warning;
b) Fine up VND 2,000,000;
c) Confiscating material evidences
and means of violations in chemical management at the value up VND 2,000,000;
d) Forcible restoration of the initial
state that already been changed due to administrative violations in chemical
management.
2. The chairpersons of the
People’s Committees at level of district, town, and attached-province city have
the rights:
a) Warning;
b) Fine up VND 30,000,000;
c) Confiscating material evidences
and means of violations in chemical management;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Forcible dismantlement of
construction works that are illegal or wrong in comparison with permit
violating provisions of law in chemical management.
3. The chairpersons of the
People’s Committees at level of central-affiliated citi and province have the
rights:
a) Warning;
b) Fine up VND 100,000,000;
c) Confiscating material evidences
and means of violations in chemical management;
d) Forcible restoration of the
initial state that already been changed due to administrative violations in
chemical management.
e) Forcible dismantlement of
construction works that are illegal or wrong in comparison with permit
violating provisions of law in chemical management;
e) Forcing to remedy the unsafe
status that is caused by administrative violations;
g) Forcing to move chemicals
causing danger for national reserve by administrative violations to warehouses,
locations as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 26.
The authority to impose sanctions of Inspectorate in Industry and Trading
Specialized inspectorate under the
Ministry of Industry and Trading has authority to impose
sanctions against violations nationwide. Specialized
inspectorates under the provincial Services of Industry and Trade have
authority to impose sanctions against administrative
violations in localities under their management.
The authority to impose sanctions
against administrative violations in chemical management of Specialized inspectorates
is specified as follows:
1. Specialized inspectors of the
Ministry of Industry and Trade, the Services of Industry and Trade have the
rights:
a) Warning;
b) Fine up VND 500,000;
c) Confiscating material evidences
and means of violations in chemical management at the value up VND 2,000,000;
d) Forcible restoration of the
initial state that already been changed due to administrative violations in
chemical management;
e) Forcing to remedy the unsafe
status that is caused by administrative violations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Warning;
b) Fine up VND 30,000,000;
c) Confiscating material evidences
and means of violations;
d) Forcible restoration of the initial
state that already been changed due to acts of violation;
e) Forcing to remedy the unsafe
status that is caused by acts of violation.
3. Chief inspector of the Ministry
of Industry and Trade has the rights:
a) Warning;
b) Fine up VND 100,000,000;
c) Confiscating material evidences
and means of violations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Forcing to remedy the unsafe
status that is caused by acts of violation;
e) Forcing to move chemicals
causing danger for national reserve by administrative violations to warehouses,
locations as prescribed;
g) Forcing to bring out Vietnam’s
territory or forcing to re-export as prescribed in Article 20 of the Ordinance
on handling administrative violations.
Article 27.
The authority to impose sanctions of other forces
Apart from the persons competent
to impose sanctions specified in Article 28 and Article 29 of this Decree,
competent persons of Public Security, Customs, Army forces and the Market management
and Inspectorate of labour safety and labor hygiene have rights to sanction as
prescribed in the Ordinance on handle administrative violations when they
detect acts of administrative violations in chemical management specified in
this Decree within their authority and localities.
Article 28.
The authorization and principle in defining authority to impose sanctions
against administrative violations in chemical management
1. The authorization to impose
sanctions against administrative violations in chemical management shall comply
with provision in Article 41 of the Ordinance on handle administrative
violations.
2. The principles in defining the
authority to impose sanctions against administrative violations in chemical
management shall comply with provision in Article 42 of the Ordinance on handle
administrative violations.
Article 29.
The procedures for sanction against administrative violations in chemical
management
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Documents relating to sanction
against administrative violations in chemical management must be stored fully
at the sanctioning agencies. Minutes of administrative violations must be made
in according to the current set forms.
3. Individuals and organizations
who are fined must pay fine on time and at place stated in decisions on
sanction except for case where they have paid fine on the spot as prescribed in
Article 54 and Article 58 of the Ordinance on handle administrative violations
and they will receive the receipts of collecting fines.
4. When applying forms of
confiscating material evidences or means of violations, the persons competent
to impose sanctions must comply with provisions in Article 60, Article 61 of
the Ordinance on handling of administrative violations and the Decree No.
128/2008/ND-CP.
Article 30.
The compliance with decision on sanction and forced execution of decisions on
handling administrative violations in chemical management
1. Individuals and organizations sanctioned for
administrative violations must execute the sanctioning decisions within ten
days as from the date they are given the sanctioning decisions, except
otherwise provided for by law. If individuals or organizations
sanctioned for administrative violations still fail to voluntarily execute the
sanctioning decisions, they shall be coerced to do so as prescribed in Article
66 of the Ordinance on Handling administrative violations and provisions on
forced execution of decisions on sanctioning administrative violations of law.
2. When applying coercive measures
for executing decisions on sanctioning administrative violations in chemical
management, agencies and competent persons must comply with the order of and
procedures for enforcement as prescribed in Article 66 and Article 67 of the
Ordinance on handle administrative violations and provisions on forced
execution of decisions on sanctioning administrative violations of law.
Chapter 4.
IMPLEMENTATION
PROVISIONS
Article 31.
Effect
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. This Decree replaces the
Government’s Decree No. 31/2007/ND-CP dated March 02, 2007, on sanctioning
administrative violations in manaement of dangerous chemicals.
Article 32.
Responsibilities for implementation
1. The Ministry of Industry and
Trade shall monitor and supervise implementation of this Decree.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the chairpersons of
the People’s Committees of central-affiliated cities and provinces shall
implement this Decree.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66