Nghị định 142/2013/ND-CP

Decree No. 142/2013/ND-CP dated October 24, 2013, providing for sanction of administrative violations in domain of water resources and minerals

Decree No. 142/2013/ND-C sanction of administrative violations in domain of water resources and minerals đã được thay thế bởi Decree 33/2017/ND-CP penalties administrative violations agaisnt regulations water mineral resources và được áp dụng kể từ ngày 20/05/2017.

Nội dung toàn văn Decree No. 142/2013/ND-C sanction of administrative violations in domain of water resources and minerals


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 142/2013/ND-CP

Hanoi, October 24, 2013

 

DECREE

PROVIDING FOR SANCTION OF ADMINISTRATIVE VIOLATIONS IN DOMAIN OF WATER RESOURCES AND MINERALS

Pursuant to the December 25, 2001 Law on organization of Government;

Pursuant to the June 20, 2012 Law on handling of administrative violations;

Pursuant to the June 21, 2012 Law on water resources;

Pursuant to the November 17, 2010 Law on minerals;

At the proposal of Minister of Natural Resources and Environment,

The Government promulgates Decree providing for sanction of administrative violations in domain of water resources and minerals.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provided for acts of administrative violations, sanction forms, sanction levels, remedial measures for acts of administrative violations, sanction authorities and authority to make written records of administrative violations in domain of water resources and minerals.

2. Administrative violations in domain of water resources and minerals specified in this Decree include: Violations of regulations on survey, planning, exploration, exploitation and use of water resources; violations of regulations on water resource protection; violations of regulations on prevention of, combat against and overcoming of adverse impacts by water and other violations in water resource management, which are specified in Chapter II of this Decree.

3. Administrative violations in mineral domain specified in this Decree include: Violations of regulations on basic geological surveys of mineral resources; violations of regulations on mineral exploration and exploitation; violations of regulations on auction for right to exploit minerals; violations of regulations on using information on minerals; violations of regulations on protecting minerals not yet been exploited and other violations in mineral domain, which are specified in Chapter III of this Decree.

4. Acts of administrative violations related to domains of water resources and minerals not specified in this Decree shall comply with provisions in other relevant Government’s Decrees on sanctioning administrative violations in domain of state management for sanction.

Article 2. Forms of sanction on administrative violations and remedial measures

1. Principal sanction forms:

Organizations and individuals that commit acts of administrative violation in the domains of water resources and minerals shall be applied one of the following principal sanction forms:

a) Warnings:

b) Fines

The maximum fine for an administrative violation in domain of water resources is VND 250,000,000 for individuals and 500,000,000 for organizations. The maximum fine for an administrative violation in mineral domain is VND 1,000,000,000 for individuals and 2,000,000,000 for organizations.

c) Depriving the right to use licenses for exploration, exploitation and use of water resources, discharging sewage into water sources; licenses for underground water drilling practice; licenses for exploration and exploitation of minerals, from 01 (one) to 16 (sixteen) months.

2. Additional sanction forms:

Depending on the nature and seriousness, the infringing organizations or individuals may also be subject to one or more of the following additional sanctioning forms:

d) Depriving the right to use licenses for exploration, exploitation and use of water resources, discharging sewage into water sources; licenses for underground water drilling practice; licenses for exploration and exploitation of minerals, from 03 (three) to 12 (twelve) months, or suspending operation, from 01 (one) month to 24 (twenty four) months;

b) Confiscating material evidences and means used for commission of administrative violations.

Additional sanction forms are only applied in association with the principal sanction forms.

3. Remedial measures:

For each administrative violation, apart from application of principal sanction forms, and additional sanction forms, the organization/individual sanctioned administratively shall be required to take one or more of the following remedial measures:

a) Forcible implementation of measures to remedy water pollution, degradation, and depletion;

b) Forcible implementation of measures to prevent environmental pollution, adverse impacts to human health;

c) Forcible implementation of sufficient measures to remedy environmental pollution;

f) Forcible implementation of solutions to restore land and environment;

dd) Forcible implementation of solutions to bring areas exploited minerals to safe status;

e) Forcible leveling, dismantlement of construction works; forcible destruction, removal of obstacles from water flows; forcible moving of machinery, equipment and assets from areas of mineral exploration and exploitation;

g) Forcible restoration or re-construction of works, equipment ensuring mine safety and environmental protection.

h) Forcible implementation of measures to remedy damages of technical infrastructure; implement the upgrading, maintain and construction of traffic roads;

i) Forcible restoration of the initial state which has been changed due to acts of violations;

k) Forcible handing samples and information of minerals to the mineral competent state management agencies;

l) Forcible correction of information and data which are falsified by acts of violations;

m) Forcible return of entire mineral volume or value in money gained from exploitation outside of area of zone allowed exploiting; gained from exploitation in excess of output allowed exploiting;

n) Forcible submission of illegal benefits gained from committing acts of violations.

Article 3. Application of fine levels in administrative sanction

1. The fine level for each act of administrative violation specified in Chapter II and Chapter III of this Decree is fine level applicable to individuals. The fine levels applicable to organizations are double the fine levels applicable to individuals.

2. Fining authorities of persons defined in Articles 44, 45 and 46 of this Decree are maximum fining authorities applicable to one act of administrative violation by individuals; for organizations, authorities to fine at the maximum level is double in comparison with authorities to fine applicable to individuals.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS IN DOMAIN OF WATER RESOURCES, SANCTION FORMS, SANCTION LEVELS AND REMEDIAL MEASURES

Article 4. Violations of regulations on basic survey, planning water resources

1. A fine of between VND 20,000,000 and 30,000,000 for violations of regulations of conditions and capability for basic survey on water resources.

2. A fine of between VND 30,000,000 and 50,000,000 for violations of regulations of conditions and capability for consultancy on planning water resources.

Article 5. Violations of regulations on observation and supervision of water resources

1. A fine of between VND 15,000,000 and 20,000,000 for acts of failing to implement in accordance with regulations of observation and supervision of water resources, discharging sewage into water sources.

2. A fine of between VND 20,000,000 and 30,000,000 for acts of failing to implement observation and supervision of water resources as prescribed in exploitation and use of water resources, discharging sewage into water sources.

Article 6. Acts of exploration, exploitation and use of water resources without registration, licenses as prescribed.

1. A warning or fine of between VND 100,000 and 500,000 for acts of exploiting underground water in cases required registration but failing to register as prescribed.

2. A fine of between VND 30,000,000 and 50,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 01 (one) borehole, depth of less than 50 meter;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 10 m3/day and 200 m3/day;

c) Exploiting, using surface water for agricultural production, aquaculture with capacity of between more than 0.1 m3/second and less than 0.5 m3/second;

d) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between more than 100 m3/day and less than 3,000 m3/day;

d) Exploiting, using surface water for power generation with engine capacity of between more than 50kW and less than 2,000 kW;

e) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between more than 10,000 m3/day and less than 50,000 m3/day.

3. A fine of between VND 50,000,000 and 70,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 01 (one) borehole, depth of 50 meter or more;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 200 m3/day and less than 400 m3/day;

c) Exploiting, using surface water for agricultural production, aquaculture with capacity of between 0.5 m3/second and less than 1 m3/second;

d) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 3,000 m3/day and less than 10,000 m3/day;

dd) Exploiting, using surface water for power generation with engine capacity of between 2,000 kW and less than 5,000 kW;

e) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 50,000 m3/day and less than 100,000 m3/day.

4. A fine of between VND 70,000,000 and 100,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 02 (two) boreholes, total depth of less than 80 meter;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 400 m3/day and less than 800 m3/day;

c) Exploiting, using surface water for agricultural production, aquaculture with capacity of between 1 m3/second and less than 1.5 m3/second;

d) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 10,000 m3/day and less than 20,000 m3/day;

dd) Exploiting, using surface water for power generation with engine capacity of between 5,000 kW and less than 10,000 kW;

e) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 100,000 m3/day and less than 200,000 m3/day.

5. A fine of between VND 100,000,000 and 130,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 02 (two) boreholes, total depth of 80 meter or more;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 800 m3/day and less than 1,000 m3/day;

c) Exploiting, using surface water for agricultural production, aquaculture with capacity of between 1.5 m3/second and less than 2 m3/second;

d) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 20,000 m3/day and less than 50,000 m3/day;

dd) Exploiting, using surface water for power generation with engine capacity of between 10,000 kW and less than 20,000 kW;

e) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 200,000 m3/day and less than 300,000 m3/day.

6. A fine of between VND 130,000,000 and 160,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 03 (three) boreholes, total depth of less than 100 meter;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 1,000 m3/day and less than 1.500 m3/day;

c) Exploiting, using surface water for agricultural production, aquaculture with capacity of 2 m3/second or more;

d) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 5,000 m3/day and less than 100,000 m3/day;

dd) Exploiting, using surface water for power generation with engine capacity of between 20,000 kW and less than 30,000 kW;

e) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 300,000 m3/day and less than 400,000 m3/day.

7. A fine of between VND 160,000,000 and 190,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 03 (three) boreholes, total depth of 100 meter or more;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 1,500 m3/day and less than 3,000 m3/day;

c) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 100,000 m3/day and less than 200,000 m3/day;

d) Exploiting, using surface water for power generation with engine capacity of between 30,000 kW and less than 40,000 kW;

dd) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 400,000 m3/day and less than 500,000 m3/day.

8. A fine of between VND 190,000,000 and 220,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Drilling for underground water exploration with works including 04 (four) boreholes or more;

b) Exploiting, using underground water for production, trading, service provision with capacity of between 3,000 m3/day and less than 4,000 m3/day;

c) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of between 200,000 m3/day and less than 300,000 m3/day;

d) Exploiting, using surface water for power generation with engine capacity of between 40,000 kW and less than 50,000 kW;

dd) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of between 500,000 m3/day and less than 700,000 m3/day.

9. A fine of between VND 220,000,000 and 250,000,000 for one of acts of exploring, exploiting and using water resources without licenses as follows:

a) Exploiting, using underground water for production, trading, service provision with capacity of 4,000 m3/day or more;

b) Exploiting, using surface water for business, service provision and non-agricultural production with capacity of 300,000 m3/day and more;

c) Exploiting, using surface water for power generation with engine capacity of 50,000 kW or more;

d) Exploiting, using sea water in serve of production, trading, other service provision on land with capacity of 700,000 m3/day or more.

10. Acts of exploring, exploiting, using water resources after licenses are expired, they will be imposed sanction levels as cases of no license defined at Clauses 2, 3, 4, 5, 6 ,7, 8 and 9 of this Article, unless they have submitted dossiers of application for extension under regulations.

11. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation, and depletion for violations specified at Clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 this article that cause pollution, decrease of water quality and quantity.

Article 7. Violations of provisions in licenses for exploration, exploitation and use of water resources

1. A fine of between VND 2,000,000 and 4,000,000 for one of following acts of violation:

a) Failing to provide complete and accurate data and information about water resources at the sites of water resource exploration, abstraction and utilization as requested by the authorized state agencies.

b) Failing to report on results of water resource exploration, abstraction and utilization to the authorized state agencies as prescribed by law.

2. Where water is exploited or utilized at a capacity exceeding the permitted capacity stated in the license, the individuals or organizations shall be fined for the excess capacity in accordance with sanctions stipulated in Article 6 of this Decree.

3. A fine of between VND 15,000,000 and 20,000,000 for one of following acts of violation:

a) Exploiting, using water resources in contrary to purposes defined in licenses;

b) Exploiting, using water resources in contrary to regimes defined in licenses;

c) Exploiting, using water resources at locations improper with ones defined in licenses;

d) Exploiting, using surface water improper with water sources defined in licenses;

dd) Exploiting, using underground water improper with aquifers defined in licenses;

e) Exploring underground water improper with contents defined in licenses;

4. A fine of between VND 20,000,000 and 30,000,000 or depriving the right to use of license for exploring, exploiting and using water resources within from 01 (one) month to 03 (three) months, for one of the following violations:

a) Failing to implement measures to assure the safety, prevention and remedy of negative incidents occurring during exploration, exploitation and utilization of water resources;

b) Exploiting and using surface water that fail to ensure the minimum flow as defined in licenses;

5. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation, and depletion for violations specified at Clauses 3 and 4 of this article that cause pollution, decrease of water quality and quantity.

Article 8. Violations of regulations on underground water drilling practice

1. A fine of between VND 2,000,000 and 4,000,000 for acts of failing to report annually on underground water drilling as prescribed in license of underground water drilling practice.

2. A fine of between VND 20,000,000 and 30,000,000 for one of following acts of violation:

a) Constructing boreholes without observing approved technical procedures and designs, causing negative impacts on groundwater quantity and quality;

b) To practice improperly with scale defined in license for underground water drilling practice;

c) To supply exploration drilling, underground water exploitation drilling for organizations and individuals without license of exploration, exploitation, use of underground water under regulations.

3. A fine of between VND 30,000,000 and 40,000,000 for one of following acts of violation:

a) Lending, leasing licenses for underground water drilling practice;

b) To practice underground water drilling without license for underground water drilling practice under law;

c) To practice underground water drilling after license has been expired, unless they have submitted dossiers of application for extension under regulations.

4. Additional sanction forms:

Depriving the right to use of license for underground water drilling practice, within from 03 (three) months to 06 (six) months, for one of violations at point a Clause 3 this Article.

5. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation, and depletion for violations specified at Clause 2, points b and c Clause 3 of this article that cause pollution, decrease of water quality and quantity.

Article 9. Violations of regulations on transfer of right to exploit water resources, modify to falsify content of water resource license

1. A fine of between VND 5,000,000 and 10,000,000 or depriving the right to use of license, within from 03 (three) months to 06 (six) months, for acts of modifying, falsifying content of license.

2. A fine of between VND 30,000,000 and 50,000,000 or depriving the right to use of license, within from 06 (six) months to 12 (twelve) months, for acts of transferring right to exploit water resources without permission of agencies competent to grant license.

3. Remedial measures:

Forcible submission of illegal benefits gained from committing acts of violations defined in this Article.

Article 10. Violations of regulations on reservoirs

1. A fine of between VND 10,000,000 and 15,000,000 for one of the following violations in case of reservoirs with volume of less than 1,000,000 m3:

a) Failing to make a corridor to protect reservoirs under regulations or failing to hand over landmarks of corridor protecting reservoirs for the communal People’s Committees;

b) Using water surface of reservoirs for aquaculture, trading in tourist and entertainment without permission in writing of water resource state management agencies;

c) Failing to notify, report relating to operation of works under regulations;

d) Failing to formulate plan on annual water regulation of reservoirs or fail to implement annual water regulation of reservoirs as planned.

2. A fine of between VND 20,000,000 and 30,000,000 for one of the violations defined at Clause 1 of this Article in case of reservoirs with volume of between 1,000,000 m3 and less than 10,000,000 m3.

3. A fine of between VND 30,000,000 and 40,000,000 for one of the violations defined at Clause 1 of this Article in case of reservoirs with volume of between 10,000,000 m3 and less than 50,000,000 m3.

4. A fine of between VND 40,000,000 and 50,000,000 for one of the violations defined at Clause 1 of this Article in case of reservoirs with volume of between 50,000,000 m3 and less than 100,000,000 m3.

5. A fine of between VND 60,000,000 and 80,000,000 for one of the violations defined at Clause 1 of this Article in case of reservoirs with volume of 100,000,000 m3 or more.

6. A fine of between VND 100,000,000 and 120,000,000 for one of following acts of violation:

a) Failing to ensure the minimum flow, unless case defined at point b Clause 4 Article 7 of this Decree;

b) Failing to implement plans of water regulation and distribution on river basin of competent state agencies.

7. A fine of between VND 200,000,000 and 220,000,000 for act of failing to formulate plan to deal with incident of breaking dam, incidents threatening seriously to safety of works, lives and assets of people.

8. A fine of between VND 220,000,000 and 250,000,000 for acts of failing to observe the orders of operating reservoirs of competent state agencies in cases of floods, drought, lack of water and other emergency cases.

Article 11. Violations of regulations in implementation of process on operating combined reservoirs

1. A fine of between VND 10,000,000 and 15,000,000 for one of following acts of violation:

a) Failing to supply figures of observation, forecast involving operation of reservoirs, volume into reservoirs under regulations;

b) Failing to implement observation and collection of meteorological and hydrological information and data in serve of requirements in managing operation and exploitation of reservoirs under regulations;

c) Failing to conduct observation, measure the water level of reservoirs, the discharging volume or fail to calculate, forecast the water volume into reservoir, water level of reservoirs in serve of reservoir operation.

2. A fine of between VND 15,000,000 and 20,000,000 for acts of failing to notify, report on operation of works under regulations;

3. A fine of between VND 120,000,000 and 150,000,000 for acts of failing to operate reservoirs to ensure the minimum flow at downstream areas under regulations in the process on operating the combined reservoirs;

4. A fine of between VND 160,000,000 and 180,000,000 for acts of failing to operate and keep the water level of reservoirs corresponding to periods under regulations in the process on operating the combined reservoirs;

5. A fine of between VND 220,000,000 and 250,000,000 for acts of failing to operate reservoirs to cut down flood for downstream areas under regulations in the process on operating the combined reservoirs.

Article 12. Acts of discharging sewage into water sources without license as prescribed by law

1. A fine of between VND 20,000,000 and 30,000,000 for acts of discharging sewage containing toxic chemicals, radioactive substances into Water sources with sewage volume not exceeding 5 m3/day.

2. A fine of between VND 30,000,000 and 40,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between more than 5 m3/day and less than 50 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between more than 10,000 m3/day and less than 30,000,000 m3/day;

3. A fine of between VND 40,000,000 and 60,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between 50 m3/day and less than 100 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between 30,000 m3/day and less than 50,000,000 m3/day.

4. A fine of between VND 60,000,000 and 80,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between 100 m3/day and less than 500 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between 50,000 m3/day and less than 100,000 m3/day.

5. A fine of between VND 100,000,000 and 120,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between 500 m3/day and less than 1,000 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between 100,000 m3/day and less than 150,000 m3/day.

6. A fine of between VND 140,000,000 and 160,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between 1,000 m3/day and less than 2,000 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between 150,000 m3/day and less than 200,000 m3/day.

7. A fine of between VND 180,000,000 and 220,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of between 2,000 m3/day and less than 3,000 m3/day, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of between 200,000 m3/day and less than 300,000 m3/day.

8. A fine of between VND 220,000,000 and 250,000,000 for one of following acts of violation:

a) Discharging sewage into water sources with sewage volume of 3,000 m3/day or more, except for cases defined at point b this Clause;

b) Discharging aquaculture sewage into water sources with sewage volume of 300,000 m3/day or more.

9. Establishments of production, business and service discharging sewage into the urban drainage system but that system has no license of discharging sewage into water sources, they will be imposed fines corresponding to provision in point a of Clauses 2, 3, 4, 5, 6, 7 and 8 this Article.

10. Acts of discharging sewage into Water sources after license has been expired will be imposed the fine level like case of no license defined at Clauses 1, 2, 3, 4, 5 ,6, 7 and 8 of this Article.

11. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation for violations specified at this article that cause pollution, decrease of water quality and quantity.

Article 13. Violations of regulations in licenses for discharging sewage into water sources

1. A fine of between VND 2,000,000 and 4,000,000 for one of following acts of violation:

a) Failing to provide complete and accurate data and information about discharging sewage into water resources as requested by the authorized state agencies;

b) Failing to report on discharging sewage into water sources to the authorized state agencies as prescribed by law.

2. For acts of discharging sewage into Water sources in excess of the volume prescribed in license, the sewage volume exceeding the prescribed level will be sanctioned according to Clauses 1, 2, 3, 4, 5, 6, 7, and 8 Article 12 of this Decree.

3. A fine of between VND 20,000,000 and 30,000,000 for acts of failing to install equipment to observe water volume and quality as prescribed in license.

4. A fine of between VND 30,000,000 and 50,000,000 for one of following acts of violation:

a) Failing to implement measures to assure the safety, prevention and remedy of negative incidents occurring during discharging sewage into water resources;

b) Discharging sewage into water sources improperly with locations prescribed in licenses;

c) Discharging sewage into water sources improperly with regime, methods prescribed in licenses.

5. A fine of between VND 130,000,000 and 150,000,000 or depriving the right to use of license for discharging sewage into water resources, within from 06 (six) months to 12 (twelve) months, for one of the following violations:

a) Implementing improperly or insufficiently the process of operating the sewage treatment system;

b) Discharging sewage into water sources containing pollutants in excess of limitation prescribed in licenses.

6. Additional sanction forms:

Depriving the right to use of license for discharging sewage into water sources, within from 03 (three) months to 06 (six) months, for one of violations at Clause 2 this Article.

7. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation, and depletion in case of violations specified in this article that cause pollution, decrease of water quality and quantity.

Article 14. Violations of regulations on water resource protection

1. A warning or fine of between VND 300,000 and 500,000 for acts of failing to fill in boreholes after having used or damaged (for each borehole) in case not required licensing for exploration, exploitation and use of underground water.

2. A fine of between VND 6,000,000 and 10,000,000 for acts of managing, operating works causing water loss, wastefulness.

3. A fine of between VND 30,000,000 and 40,000,000 for one of following acts of violation:

a) Failing to perform measures to protect underground water when exploring, exploiting underground water under regulations;

b) Failing to perform measures to protect underground water when drilling for engineering geologic survey, geologic exploration, exploration and exploitation of minerals and petroleum;

c) Failing to perform measures to protect underground water when processing base of works, draining mines;

d) Failing to perform measures to protect underground water in activities of drilling, digging and other activities under regulations;

dd) Failing to fill in boreholes after having used or damaged (for each borehole) in case where it is required licensing for exploration, exploitation and use of underground water.

4. A fine of between VND 80,000,000 and 90,000,000 for acts of failing to comply with technical regulations on safety, prevention of underground water deterioration and depletion when exploiting minerals and building underground works.

5. A fine of between VND 100,000,000 and 120,000,000 for one of following acts of violation:

a) Failing to build system of collection and separation between stormwater and sewage for projects on construction, renovation and upgrading of production and business facilities;

b) Failing to build the sewage treatment system for projects on construction, renovation and upgrading of production and business facilities.

6. A fine of between VND 160,000,000 and 180,000,000 for acts of discharging sewage, bringing waste into hygiene protection zone of area supplying daily-life water.

7. A fine of between VND 180,000 and 200,000 for violations of regulations on zones banned, restrained underground water exploitation as prescribed by state agencies.

8. A fine of between VND 220,000,000 and 250,000,000 for acts of discharging sewage into land through boreholes, digging wells and other forms aiming to bring sewage into land.

9. Remedial measures:

a) Forcible dismantlement of the violating works for violations in Clauses 6, 7 and 8 of this Article;

b) Forcible implementation of measures to remedy water pollution, degradation for violations specified in this article in case where such violations cause pollution, decrease of water quality.

Article 15. Violations of regulations on prevention of water pollution, deterioration and depletion

1. A fine of between VND 3,000,000 and 5,000,000 for acts of failing to apply measures to waterproof, anti-spill for ponds, lakes, zones containing sewage in case where sewage does not contain hazardous waste.

2. A fine of between VND 10,000,000 and 15,000,000 for act of using pesticides, veterinary medicines and other chemicals in planting, livestock and aquaculture that fail to ensure technical regulations and cause water pollution.

3. A fine of between VND 30,000,000 and 50,000,000 for one of following acts of violation:

a) Failing to have plan on prevention against water pollution, deterioration and depletion when building economic zones, industrial parks, export processing zones, hi-tech parks, industrial clusters, urban centers, concentrated resident areas, concentrated tourist, entertainment areas, waterway traffic, road, underground works, works of water supply and drainage , works of mineral exploitation, power plants, areas containing sewage and establishments of production, business and service provision, other works with risk of causing water pollution, deterioration and depletion;

b) Having no plan, equipment, human source to ensure prevention and limitation of seawater pollution when operating on sea.

4. A fine of between VND 50,000,000 and 70,000,000 for one of following acts of violation:

a) Failing to apply measures to ensure safety, letting leakage, loss causing water pollution of establishments of production, business, service provision, mineral exploitation, and other production activities using hazardous chemicals;

b) Failing to apply measures to waterproof, anti-spill for ponds, lakes containing sewage, areas containing sewage in case where sewage contains hazardous waste.

5. A fine of between VND 200,000,000 and 220,000,000 for one of following acts of violation:

a) Pumping, drawing water, draining in mining, building works resulting decrease of underground water levels causing water depletion;

b) Failing to apply measures to limit, remedy according to directions of competent agencies implementing state management tasks of water resources when pumping, drawing water, draining in mining, building works resulting decrease of underground water levels causing water depletion.

6. A fine of between VND 220,000,000 and 250,000,000 for acts of discharging hazardous gas directly into water sources.

7. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation and depletion for violations specified in this article in case where such violations cause pollution, decrease of water quality and quantity.

Article 16. Violations of regulations on response, remedy of water resource pollution incidents

1. A fine of between VND 30,000,000 and 50,000,000 for acts of failing to formulate plans or failing to have necessary means and devices for response, remedy of water source pollution incidents caused by violations.

2. A fine of between VND 120,000,000 and 150,000,000 for acts of failing to apply measures to timely response to and remedy water source pollution incidents caused by violations.

3. A fine of between VND 220,000,000 and 250,000,000 for acts of failing to apply measures to timely response to and remedy negative incidents caused by violations that cause serious water pollution.

4. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation by violations specified at Clauses 2 and 3 of this article.

Article 17. Violations of regulations on ensuring the flow traffic

1. A fine of between VND 200,000 and 500,000 for acts of laying obstacles, planting trees blocking flood drainage, flow traffic on rivers, springs, ponds, canals, ditches

2. A fine of between VND 3,000,000 and 5,000,000 for acts of laying pipelines or cables passing rivers, springs, canals, laying cages, rafts on rivers blocking flows.

3. A fine of between VND 3,000,000 and 5,000,000 for acts of laying pipelines or cables passing rivers, springs, canals, placing cages, rafts on rivers blocking flows.

4. Remedial measures:

a) Forcible restoration of the initial state which has been changed due to acts of violations in this Article;

b) Forcible dismantlement of works, removal of obstacles on flows for violations specified in this Article.

Article 18. Violations of regulations on protective corridor of water source

1. A fine of between VND 20,000,000 and 30,000,000 for acts of failing to apply measures to handle, control, supervise quality of sewage, waste before discharging into land, water sources for establishments operating in protective corridor of water source.

2. A fine of between VND 50,000,000 and 60,000,000 for acts of exploiting minerals, drilling, digging, building the works, architectures in protective corridor of water source causing landslides at riversides, banks of springs, canals, ditches and reservoirs.

3. A fine of between VND 150,000,000 and 150,000,000 for acts of building new hospitals, medical facilities for medical treatment of Infectious Diseases, cemetery, landfills, facilities producing hazardous chemicals, facilities producing and processing hazardous sewage in protective corridor of water source.

4. Remedial measures:

a) Forcible dismantlement of the violating works for violations in Clauses 2 and 3 of this Article;

b) Forcible implementation of measures to remedy water pollution, degradation and depletion for violations specified in this article in case where such violations cause pollution, decrease of water quality and quantity.

Article 19. Violations of regulations on prevention and combat of saline infiltration

1. A fine of between VND 6,000,000 and 10,000,000 for one of acts of taking brackish water, saline water for use in production causing saline infiltration at water resources.

2. A fine of between VND 10,000,000 and 20,000,000 for acts of failing to abide by the process, technical regulations in management and operation of sewers to prevent saline, keep fresh water and reservoirs, works that regulate flows causing saline infiltration at water sources;

3. A fine of between VND 20,000,000 and 30,000,000 for acts of having no measure to prevent saline infiltration for aquifers when exploring, taking underground water in delta and coastal areas.

4. Remedial measures:

Forcible implementation of measures to remedy water pollution, degradation and depletion for violations specified in this article in case where such violations cause pollution, decrease of water quality and quantity.

Article 20. Violations of regulations on prevention and combat of land subsidence and landslides at riversides

1. A fine of between VND 10,000,000 and 15,000,000 for acts of failing to comply with technical regulations on safety, prevention of land subsidence when exploiting, taking underground water, exploring minerals; drilling for geologic and petroleum exploration.

2. A fine of between VND 30,000,000 and 40,000,000 for one of following acts of violation:

a) Further conducting underground water exploration and exploitation when land subsidence happens

b) Failing to implement remedy measures, failing to report immediately to the nearest local authority when land subsidence happens during underground water exploration, exploitation;

c) Renovating river-bed, riversides, building water works, water traffic, taking sand, gravel and other mineral on rivers, lakes that cause effect to stability of river-bed, riversides, banks of lakes.

3. Additional sanction forms:

Depriving the right to use of license for underground water exploration and exploitation, within from 03 (three) months to 06 (six) months, for violations specified at points a, and b Clause 2 this Article.

4. Remedial measures:

Forcible restoration of the initial state which has been changed due to acts of violations specified at point c Clause 2 of this Article.

Article 21. Violations of regulations on water resource management

1. A fine of between VND 3,000,000 and 5,000,000 for act of causing obstruction to the collection, exchange, exploitation and use of water resource data and information already been approved by competent authorities.

2. A fine of between VND 10,000,000 and 15,000,000 for act of falsifying the water resource data and information as requested by competent water resource state management agencies.

3. A fine of between VND 15,000,000 and 20,000,000 for act of misusing the data supply for self-seeking purposes, data dissemination in contrary to legislations.

4. A fine of between VND 20,000,000 and 25,000,000 for act of illegal intrusion into system of the water resource data and information archival.

5. Remedial measures:

a) Forcible correction of information and data which are falsified by acts of violations specified at Clause 2 of this Article;

b) Forcible submission of illegal benefits gained from committing acts of violations defined at Clause 3 of this Article.

Chapter 3.

ACTS OF ADMINISTRATIVE VIOLATIONS IN MINERAL DOMAIN, SANCTION FORMS, SANCTION LEVELS AND REMEDIAL MEASURES

Article 22. Violations of regulations on field survey, taking samples on ground to select area for making scheme on mineral exploration

To impose a fine on acts of field survey, taking samples on ground to select area for making scheme on mineral exploration without written acceptance of the provincial People’s Committees where have minerals, specified as follows:

1. A fine of between VND 2,000,000 and 5,000,000 when making exploration scheme for minerals used to do normal building materials of business households.

2. A fine of between VND 10,000,000 and 20,000,000 when making exploration scheme for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 of this article.

3. A fine of between VND 30,000,000 and 50,000,000 when making exploration scheme for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

Article 23. Violations of regulations on notification of exploration plan, report of mineral exploration result, conditions for construction organization under scheme on mineral exploration, obligations when permit of mineral exploration ceases to be effective

1. To impose a fine on act of failing to notify in writing the provincial People’s Committees where mineral exploration is conducted about exploration plan before implementation, specified as follows:

a) A fine of between VND 2,000,000 and 5,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 5,000,000 and 10,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 10,000,000 and 20,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

2. A fine of between VND 20,000,000 and 30,000,000 for act of submission later than 30 (thirty) days, from the final day of report term or failing to send periodical reports on mineral exploration activities to the mineral state management agencies.

3. To impose a fine on act of sending reports with wrong content in excess of 10% between actual volume of mineral exploration operation in comparison with volume stated in Scheme on mineral exploration which has been approved by competent agencies, specified as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. To impose a fine on act of having not yet submit approval for mineral deposit after all exploration volume has been implemented and time limit stated in license for mineral exploration is expired, specified as follows:

a) A fine of between VND 10,000,000 and 20,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

5. To impose a fine on act of failing to send report on mineral exploration result enclosed with decision on approving mineral deposit in geologic archival and to state agencies competent to licensing within 90 (ninety) days after receiving decision on approving mineral deposit, without legitimate reason, specified as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

6. To impose a fine on act of conducting Scheme on mineral exploration while not satisfying conditions for mineral exploration practice under regulations, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 20,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

7. A fine of between VND 70,000,000 and 100,000,000 for any of the following violations:

a) Failing to move all their assets and assets of relevant parties from the exploration area after license for mineral exploration ceases to be effective;

b) Failing to conduct the leveling of the exploration works and protect minerals not yet been exploited as prescribed by law after permit of mineral exploration ceases to be effective;

c) Failing to hand, submit specimens, information of the collected minerals to the mineral state management agencies as prescribed by law after permit of mineral exploration ceases to be effective;

d) Arbitrarily changing the exploration method or changing exploration volume with cost more than 10% of total estimate in the approved Scheme on mineral exploration without acceptance of state management agencies competent to licensing before implementation.

8. Remedial measures:

Forcible leveling of the exploration works, implementation of measures to protect minerals which have not yet exploited, restoration of environment and handing of specimens, information of minerals to state management agencies competent to mineral for violations specified at points a, b and c Clause 7 of this Article.

Article 24. Violations of regulations on mineral exploration area

1. A fine of between VND 2,000,000 and 5,000,000 for act of setting up landmarks at angular closure points of area permitted mineral exploration inconsistently with the prescribed specification or failing to implement fully the setting up of landmarks at angular closure points of area permitted mineral exploration.

2. To impose a fine on act of failing to set up landmarks at angular closure points of area permitted mineral exploration, specifying as follows:

a) A fine of between VND 5,000,000 and 10,000,000 in case of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 in case of exploring other minerals under the licensing authority of the provincial People’s Committees;

c) A fine of between VND 20,000,000 and 30,000,000 in case of exploring minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on act of mineral exploration outside of boundary provided that exploration area in excess of boundary is 10% or more of total area of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 20,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. Remedial measures:

Forcible leveling, restoration of environment in the exploration area in excess of the permitted area for cases specified in Clause 3 this Article.

Article 25. Violations of regulations on mineral exploration transfer

To impose a fine on acts of transferring, receiving transfer of the right to explore minerals without acceptance of state management agencies competent to licensing, specifying as follows:

1. A fine of between VND 20,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households.

2. A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 this Article

3. A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

Article 26. Violations of regulations on hazardous mineral exploration

1. A fine of between VND 50,000,000 and 70,000,000 or depriving the right to use the mineral exploration license, from 03 (three) months to 06 (six) months, for acts of failing to implement or implement insufficiently measures to prevent environmental pollution which have been defined in Scheme on mineral exploration but not yet caused environmental pollution during exploration.

2. A fine of between VND 70,000,000 and 100,000,000 or depriving the right to use the mineral exploration license, from 06 (six) months to 09 (nine) months, for acts of failing to implement or implement insufficiently measures to prevent environmental pollution which have been defined in Scheme on mineral exploration, caused environmental pollution during exploration.

3. A fine of between VND 100,000,000 and 150,000,000 or depriving the right to use the mineral exploration license, from 09 (nine) months to 12 (twelve) months, for acts of causing environmental pollution during exploration and failing to implement sufficiently remedy measures.

4. A fine of between VND 150,000,000 and 200,000,000 or depriving the right to use the mineral exploration license, from 12 (twelve) months to 16 (sixteen) months, for acts of causing environmental pollution during exploration without implementation of any remedy measure.

5. Remedial measures:

a) Forcible implementation of measures to prevent environmental pollution, bad impacts to human health for violations specified at Clause 1 this article;

b) Forcible sufficient implementation of measures to remedy environmental pollution for violations specified at Clause 2 and Clause 3 this article.

Article 27. Violations of other regulations on mineral exploration

1. To impose a fine on act of mineral exploration without mineral exploration license as prescribed or mineral exploration outside of boundary provided that exploration area in excess of boundary is 10% or more of total area of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 10,000,000 and 150,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point d this Clause;

d) A fine of between VND 150,000,000 and 200,000,000 for cases of exploring gold, silver, precious stones, platinum, hazardous minerals.

2. To impose a fine on act of exploration after license of mineral exploration is expired (unless dossier of request for extension of mineral exploration license is being considered by competent agency under regulations) or mineral exploration in duration the right to use mineral exploration license has been deprived, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point d this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for cases of exploring gold, silver, precious stones, platinum, hazardous minerals.

3. Forms of additional sanction:

a) To confiscate specimen being minerals; confiscate means used to commit administrative violations for violations specified at Clause 1 and Clause 2 this Article;

b) To suspend activities of mineral exploration, from 01 (one) month to 06 (six) months, for cases of violations specified at Clause 2 this Article.

4. Remedial measures:

Forcible leveling the exploration works, restoration of environment in the explored area for cases of violations specified at Clause 1 this Article.

Article 28. Violations of regulations on mine fundamental construction, report on results of mineral exploration activities, payment of charges for licensing mineral exploitation, exploration, upgrading of mineral deposit, resources

1. To impose a fine of between VND 3,000,000 and 5,000,000 on act of failing to notify in writing the provincial People’s Committees where have mine about the beginning day of mine fundamental construction, the beginning day of exploitation before implementation.

2. To impose a fine on acts of failing to register for the beginning day of mine fundamental construction with state agencies competent to licensing; failing to register for the beginning day of exploitation with state agencies competent to licensing, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. A fine of between VND 20,000,000 and 30,000,000 for any of the following violations:

a) To submit periodical reports on activities of mineral exploitation to state management agencies competent to licensing later than 15 (fifteen) days and less than 30 (thirty) days, from the final day of report term;

b) Failing to keep information of result of exploration and upgrading of mineral deposit, upgrading of natural resources in areas permitted mineral exploitation.

4. A fine of between VND 30,000,000 and 50,000,000 for act of submitting periodical reports on mineral exploitation activities to state management agencies competent to licensing later than 30 (thirty) days, from the final day of report term or failing to send periodical reports on mineral exploitation activities under regulations.

5. To impose a fine on acts of failing to notify the state management agencies competent to licensing about plan, volume, duration of exploration, upgrading of mineral deposit, upgrading of natural resources in scope of area permitted taking minerals before implementation, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

6. For acts of failing to pay charges for grant of right to exploit minerals under notification of competent state agencies, apart from being handled as prescribed by Law on tax administration, organizations and individuals committing violations are also applied form of additional sanction which is depriving the right to use license for mineral exploitation, from 04 (four) months to 06 (six) months.

Article 29. Violations of regulations on mineral exploration area

1. A fine of between VND 3,000,000 and 5,000,000 for act of setting up landmarks at angular closure points of area permitted mineral exploration inconsistently with the prescribed specification or failing to implement fully the setting up of landmarks consistently with specification at angular closure points of area permitted mineral exploration.

2. To impose a fine on act of failing to set up landmarks consistently with specification at angular closure points of area permitted mineral exploration, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 20,000,000 and 30,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on act of mineral exploration in excess of limitation up to 10% or more of total area or total height of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

4. Forms of additional sanction:

a) Confiscating all mineral exploited in area in excess of limitation or height of zone permitted exploiting for one of cases of violations specified in Clause 3 this Article;

b) Depriving the right to use mineral exploitation license, from 01 (one) month to 03 (six) months, for cases of violations specified at Clause 3 this Article.

5. Remedial measures:

Forcible leveling, restoration of environment, implementation of solutions to bring areas which have been exploited in excess of the limitation, height permitted exploitation to the safe status; forcible submission of illegal benefits gained from committing administrative violations for violations specified at clause 3 this Article.

Article 30. Violations of regulations on mine design

1. To impose a fine on acts of failing to submit the approved mine design under regulations to state management agencies competent to minerals, specifying as follows:

a) A fine of between VND 2,000,000 and 5,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

2. To impose a fine on one of acts of mineral exploitation improperly with the exploitation technology and method already been defined in the approved mine design or stated in license of mineral exploitation, investment projects of mineral exploitation without permission in writing of competent state agencies, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals used to do normal building materials not using industrial explosives; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for minerals used to do normal building materials using industrial explosives;

d) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 100,000,000 and 150,000,000 for cases of mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 150,000,000 and 200,000,000 for hazardous minerals.

3. To impose a fine on act of mineral exploitation without the approved mine design under regulation, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 100,000,000 and 200,000,000 for cases of mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 200,000,000 and 300,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 300,000,000 and 400,000,000 for hazardous minerals.

4. Forms of additional sanction:

Depriving the right to use mineral exploitation license, from 06 (six) months to 12 (twelve) months, for cases of violations specified at Clauses 2 and 3 this Article.

Article 31. Violations of regulations on mine executive director

1. A fine of between VND 10,000,000 and 20,000,000 for any of the following violations:

a) At the same time, signing contracts of mine executive director to administer exploitation operation for 02 (two) mineral exploitation licenses or more;

b) Failing to notify in writing the state management agencies competent to licensing of mineral exploitation about professional qualification and capability of mine executive director;

c) Appointing one person who acts as mine executive director to administer exploitation operation (at the same time) for 02 (two) mineral exploitation licenses or more;

2. To impose a fine on act of appointing mine executive director failing to satisfy standards under regulation, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 30,000,000 and 50,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at points a and b of this Clause;

d) A fine of between VND 50,000,000 and 70,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point dd this Clause;

dd) A fine of between VND 70,000,000 and 100,000,000 for hazardous minerals.

3. To impose a fine on act of mineral exploitation without mine executive director, specifying as follows:

b) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 120,000,000 and 150,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 160,000,000 and 200,000,000 for cases of exploiting hazardous minerals.

4. Forms of additional sanction:

a) Suspending mineral exploitation, from 03 (three) months to 6 (six) months for violations specified at points a and b Clause 3 of this Article;

b) Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for cases of violations specified at points c, d, dd and e Clause 3 of this Article.

Article 32. Violations of regulations on making status quo maps, drawings of status quo cross sections of area permitted exploitation; making statistics, inventory of mineral deposit, output of minerals which have been exploited

1. To impose a fine on act of failing to manage, keep sufficiently the mine status quo maps, drawings of status quo cross section of area permitted exploitation, under regulations, specifying as follows:

a) A fine of between VND 3,000,000 and 5,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 20,000,000 and 30,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 30,000,000 and 50,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 70,000,000 and 100,000,000 for exploiting hazardous minerals.

2. To impose a fine on act of making mine status quo maps, status quo cross section of area permitted exploitation but information and data on map, cross section are inexact in comparison with reality of mineral exploitation status quo (except for cases of exploiting sand, gravel in river, spring-beds, sand at sea, exploitation of hot water, mineral water) as follows:

a) A fine of between VND 3,000,000 and 5,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 120,000,000 and 150,000,000 for hazardous minerals.

3. To impose a fine on act of failing to make the mine status quo maps; failing to make status quo cross section of area permitted exploitation, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 100,000,000 and 150,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 150,000,000 and 200,000,000 for exploiting hazardous minerals.

4. To impose a fine on acts of failing to send or send result of making statistics, inventory of the remaining mineral deposits in area permitted exploitation to state management agencies competent to licensing later than 30 (thirty) days from the final day of report term on mineral exploitation activities:

a) A fine of between VND 20,000,000 and 30,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

5. To impose a fine on act of failing to conduct the work of making statistics, inventory of the remaining mineral deposit in area permitted exploitation, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

6. Forms of additional sanction:

a) Depriving the right to use mineral exploitation license, from 02 (two) months to 04 (four) months, for cases of violations specified at Clause 3 this Article;

b) Depriving the right to use mineral exploitation license, from 04 (four) months to 06 (six) months, for cases of violations specified at Clause 5 of this Article.

Article 33. Violations of regulations on the permitted exploitation output

1. To impose a fine on act of exploitation in excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 70,000,000 and 100,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 120,000,000 and 150,000,000 for exploiting gold, silver, platinum, hazardous minerals.

2. To impose a fine on act of exploitation in 10% - 20% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 120,000,000 and 150,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 160,000,000 and 200,000,000 for exploiting gold, silver, platinum, hazardous minerals.

3. To impose a fine on act of exploitation in 20% - 50% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 120,000,000 and 150,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 160,000,000 and 200,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 210,000,000 and 250,000,000 for exploiting gold, silver, platinum, hazardous minerals.

4. Forms of additional sanction:

a) To confiscate all material evidences being minerals which have been exploited in excess of the permitted exploitation output as stated in mineral exploitation license;

b) Depriving the right to use mineral exploitation license, from 02 (two) months to 04 (four) months, for violations specified at Clause 2 this Article;

c) Depriving the right to use mineral exploitation license, from 04 (four) months to 06 (six) months, for violations specified at Clause 3 this Article.

5. Remedial measures:

Forcible implement measures to remedy environmental pollution, damages of technical infrastructure; forcible return of all mineral volume or value in money gained from exploitation in excess of the permitted exploitation output.

Article 34. Violations of regulations on exploiting minerals used to do normal building materials not required mineral exploitation license

1. To impose a fine on act of exploiting minerals used to do normal building materials in land area belonging to land use right of households, individuals without use to build works of households, individuals in such area, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000 for cases of using minerals after exploitation as a gift to other persons.

b) A fine of between VND 10,000,000 and 20,000,000 for cases of selling minerals after exploitation to other organizations and individuals.

2. A fine of between VND 50,000,000 and 70,000,000 for one of acts of failing to register the zone, output, volume, method, equipment and plan of exploitation at the provincial People’s Committees where have minerals for exploitation of minerals used to do normal building materials in land area of projects on works construction investment already been approved or permitted investment by competent state agencies, provided that products of exploitation are used for construction of such works.

3. To impose a fine on act of exploiting minerals used to do normal building materials in land area of projects on works construction investment already been approved or permitted investment by competent state agencies but products of exploitation are not used for construction of such works, specifying as follows:

a) A fine of between VND 50,000,000 and 70,000,000 in cases where minerals after exploitation are used for other projects, works;

b) A fine of between VND 70,000,000 and 100,000,000 in cases where minerals after exploitation are sold to other organizations and individuals.

4. Forms of additional sanction:

To confiscate all material evidences being minerals which are not used to build the works of households, individuals or build works of organizations, for violations specified at Clause 1 and Clause 3 this Article.

5. Remedial measures:

Forcible return of illegal benefit gained from committing administrative violations for violations specified at Clause 1 and Clause 3 of this article.

Article 35. Violations of regulations on exploration right transfer

To impose a fine on acts of transferring right to exploit minerals without acceptance license of competent state management agencies, specifying as follows:

1. A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households.

2. A fine of between VND 120,000,000 and 150,000,000 for other mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 this Article;

3. A fine of between VND 260,000,000 and 300,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

Article 36. Violations of regulations on obligations when winning auction of right to exploit minerals

1. A fine of between VND 20,000,000 and 30,000,000 for act of failing to submit dossier of request for grant of mineral exploration license to state agencies competent to licensing within 06 (six) months from the ending day of auction under regulations.

2. A fine of between VND 30,000,000 and 50,000,000 for act of failing to submit dossier of request for grant of mineral exploitation license to state agencies competent to licensing within 12 (twelve) months from the ending day of auction under regulations.

3. For acts of failing to pay charges for winning auction of right to exploit minerals according to notification of competent state agencies, apart from being handled as prescribed by Law on tax administration, organizations and individuals committing violations are also applied form of additional sanction which is depriving the right to use license for mineral exploitation, from 04 (four) months to 06 (six) months.

Article 37. Violations of other regulations in mineral exploration

1. To impose a fine on acts of exploiting minerals used to do normal building materials not using industrial explosives without mineral exploitation license, specifying as follows:

a) A fine of between VND 3,000,000 and 5,000,000 for exploiting with the exploited-mineral volume up to 5m3/day;

b) A fine of between VND 6,000,000 and 10,000,000 for exploiting with the exploited-mineral volume of between 5m3/day and less than 10 m3/day;

c) A fine of between VND 12,000,000 and 20,000,000 for exploiting with the exploited-mineral volume of between 10m3/day and less than 15 m3/day;

d) A fine of between VND 30,000,000 and 40,000,000 for exploiting with the exploited-mineral volume of between 15 m3/day and less than 20 m3/day;

dd) A fine of between VND 50,000,000 and 60,000,000 for exploiting with the exploited-mineral volume of between 20 m3/day and less than 25 m3/day;

e) A fine of between VND 50,000,000 and 70,000,000 for exploiting with the exploited-mineral volume of 25 m3/day or more.

2. To impose a fine on act of exploration after license of mineral exploration is expired (unless they have submitted dossiers of request for extension of mineral exploration license and dossiers are being considered by competent agency under regulations) or mineral exploration in duration the right to use mineral exploration license has been deprived; exploitation in excess of 50% or more up to 100% in comparison with the permitted annual exploitation output as stated in mineral exploitation license, specifying as follows:

a) A fine of between VND 40,000,000 and 60,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 80,000,000 and 110,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 140,000,000 and 160,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at points a and b this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 180,000,000 and 210,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 230,000,000 and 260,000,000 for exploiting gold, silver, platinum, hazardous minerals.

3. To impose a fine on act of mineral exploitation without mineral exploitation license under regulation, except for cases specified at Clause 1 this Article or exploitation in 100% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 50,000,000 and 70,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 150,000,000 and 200,000,000 for minerals used to do normal building materials not using industrial explosives; peat exploitation;

c) A fine of between VND 250,000,000 and 300,000,000 for minerals used to do cement materials minerals used to do normal building materials using industrial explosives; exploitation of mineral water;

d) A fine of between VND 500,000,000 and 600,000,000 for other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 800,000,000 and 1,000,000,000 for gold, silver, platinum, hazardous minerals.

4. Forms of additional sanction:

a) To confiscate all material evidences being minerals; confiscate means used to commit administrative violations for violations specified in this Article;

b) Suspending mineral exploitation, from 06 (six) months to 12 (twelve) months for violations specified at Clauses 2 and 3 of this Article;

c) Depriving the right to use mineral exploitation license, from 06 (six) months to 12 (twelve) months, for cases of violations in 100% excess of output as specified at Clause 3 this Article.

5. Remedial measures:

Forcible implementation of solutions to remedy environment of the exploited zone, bring areas which have been exploited to the safe status for violations specified at clauses 1 and 3 this Article.

Article 38. Violations of regulations on exploration mine closure

1. To impose a fine on act of implementing insufficiently solutions to bring the exploited zone to the safe status, restore land which have been defined in the scheme on mineral mine closure already been approved by competent authorities, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

2. To impose a fine on act of failing to implement solutions to bring the exploited zone to the safe status, restore land which have been defined in the scheme on mineral mine closure already been approved by competent authorities, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on acts of failing to make scheme on mine closure for cases specified in Article 73 of Law on minerals, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. A fine of between VND 200,000,000 and 300,000,000 for acts of dismantling, destroying the works, equipment ensuring mine safety, protecting environment at zones of mineral exploitation after license ceased to be effective.

5. Remedial measures:

a) Forcible implementation of all solutions to bring the exploited zone to the safe status, restore land according to the scheme on mineral mine closure already been approved by competent authorities, for violations specified at Clauses 1 and 2 this Article;

b) Forcible restore or re-construction of works, equipment ensuring mine safety, protecting environment at zone of mineral exploitation for violations specified at clause 4 this Article.

Article 39. Violations of regulations on lawful rights and benefits of localities and people where minerals are exploited

1. A fine of between VND 30,000,000 and 50,000,000 for act of implementing insufficiently the works items of upgrading, repair, construction of traffic roads in serve of mineral exploitation which have been defined in the approved projects on mineral exploitation works investment, mine design.

2. A fine of between VND 70,000,000 and 100,000,000 for act of failing to implement the works items of upgrading, repair, construction of traffic roads in serve of mineral exploitation which have been defined in the approved projects on mineral exploitation works investment, mine design.

3. Remedial measures:

Forcible implementation of all the works items of upgrading, repair, construction of traffic roads for violations specified in this Article.

Article 40. Violations of regulations on using mineral information

1. A fine of between VND 25,000,000 and 40,000,000 for act of using mineral information to make scheme on mineral exploration or investment projects on mineral exploitation, provided such information is not supplied by competent state agencies under regulations.

2. A fine of between VND 70,000,000 and 100,000,000 or depriving the right to use mineral exploitation license with a defined term from 03 (three) months to 06 (six) months for acts of failing to return costs for mineral geology basic survey, mineral exploration when using mineral information in serve of mineral exploitation (unless they have invested in mineral geology basic survey, mineral exploration under regulations).

Article 41. Violations of regulations on making mineral reports when have new discovery during mineral survey, exploration and exploitation

1. A fine of between VND 20,000,000 and 30,000,000 for act of reporting insufficiently kinds of mineral detected in zone of survey, mineral evaluation, and mineral exploration to state management agencies competent to licensing.

2. A fine of between VND 30,000,000 and 50,000,000 for act of failing to report kinds of mineral detected in zone of survey, mineral evaluation, and mineral exploration to state management agencies competent to licensing.

3. A fine of between VND 70,000,000 and 100,000,000 for act of failing to report in writing to state management agencies competent to licensing when detecting new minerals during exploitation.

4. Forms of additional sanction:

Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for violations specified at Clause 3 this Article.

Article 42. Violations of regulations in mineral geology basic survey

1. A fine of between VND 5,000,000 and 10,000,000 for act of failing to register for mineral geology basic survey at mineral state management agencies under regulations, before implementation.

2. A fine of between VND 10,000,000 and 20,000,000 for act of conducting the mineral geology basic survey inconsistently with the scheme already approved by competent state management agencies.

3. A fine of between VND 20,000,000 and 30,000,000 for any of the following violations:

a) Disclosing information of geology, minerals during the course of mineral geology basic survey;

b) Failing to implement solutions to protect environment; protect minerals which have not yet been exploited during the course of mineral geology basic survey;

c) Submitting reports on result of mineral geology basic survey, geology specimens to the mineral state management agencies later than 30 (thirty) days;

d) Implementing the work of mineral geology basic survey without permission in writing of competent state agencies.

4. A fine of between VND 30,000,000 and 50,000,000 for any of the following violations:

a) Failing to submit to competent state management agencies for approving reports on result of mineral geology basic survey;

b) Failing to submit reports on result of mineral geology basic survey, geology specimens to the mineral state management agencies under regulations.

Article 43. Violations of other regulations on mineral management

1. To impose a fine on act of misusing exploration to exploit minerals, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploring minerals used to do normal building materials of business households;

b) A fine of between VND 60,000,000 and 100,000,000 for mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 120,000,000 and 200,000,000 for exploring minerals under the licensing authority of the Ministry of Natural Resources and Environment;

d) A fine of between VND 400,000,000 and 500,000,000 for exploring minerals being gold, silver, platinum.

2. A fine of between VND 70,000,000 and 100,000,000 for act of mineral exploitation causing damaged of minerals in excess of 10% or more in comparison with the norm damage level as defined in the approved projects on mineral exploitation investment, mine design.

3. A fine of between VND 150,000,000 and 200,000,000 for acts of failing to revoke the associated minerals which have been defined in the approved investment projects.

4. Forms of additional sanction:

a) Confiscating all material evidences being minerals for violations specified at Clause 1 this Article;

b) Depriving the right to use mineral exploration license, from 06 (six) months to 12 (twelve) months, for violations specified at points b, c and d Clause 1 this Article;

c) Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for violations specified at Clauses 2 and 3 this Article.

Chapter 4.

THE AUTHORITIES OF ADMINISTRATIVE VIOLATION SANCTION AND APPLICATION OF REMEDIAL MEASURES IN DOMAINS OF WATER RESOURCES AND MINERALS

Article 44. Authority of inspectors

1. Specialized inspectors, persons assigned to implement tasks of specialized inspectors in Natural Resources and Environment on duty have the powers:

a) To impose a warning;

b) To fine up VND 500,000;

c) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 500,000;

d) To apply remedial measures specified at points c and i Clause 3 article 2 of this Decree.

2. The Chief Inspectors of the provincial Departments of Natural Resources and Environment; heads of specialized inspection teams under inspection decisions and decisions on establishment of inspection teams of General Director of the General Department of Geology and Minerals of Vietnam, Directors of the provincial Departments, the Chief Inspectors of the provincial Departments of Natural Resources and Environment have powers:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 50,000,000;

dd) To apply remedial measures specified in this Decree.

3. Head of specialized inspection teams under inspection decisions and decisions on establishment of inspection teams of Minister of Natural Resources and Environment, the Chief Inspector of the Ministry of Natural Resources and Environment have powers:

a) To impose a warning;

b) To fine up to VND 175,000,000 for acts of administrative violations in domain of water resources; fine up to VND 250,000,000 for acts of administrative violations in mineral domain;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding the respective fine level specified at point b this clause;

dd) To apply remedial measures specified in this Decree.

4. The Chief Inspector of the Ministry of Natural Resources and Environment, General Director of the General Department of Geology and Minerals of Vietnam have powers:

a) To impose a warning;

b) To fine up VND 1,000,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified in this Decree.

Article 45. Authorities of the chairpersons of People’s Committee at all levels

1. The commune-level People's Committee presidents have powers:

a) To impose a warning;

b) To fine up VND 5,000,000;

c) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 5,000,000;

d) To apply remedial measures specified at points c, e and i Clause 3 article 2 of this Decree.

2. The district-level People's Committee presidents have powers:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 50,000,000;

dd) To apply remedial measures specified in this Decree.

3. The provincial People's Committee presidents have powers:

a) To impose a warning;

b) To fine up to VND 250,000,000 for acts of administrative violations in domain of water resources; fine up to VND 1,000,000,000 for acts of administrative violations in mineral domain;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified in this Decree.

Article 46. Authorities of administrative violation sanction of People's Police, Border Guard, Marine Police, Customs agencies, Forest Ranger, tax agencies, Maritime Port Authorities, Inland Waterway Port Authorities and specialized Inspectors

1. Persons competent to sanction of Police agencies, Border Guard, Marine Police, Customs agencies, Forest Ranger, Tax agencies, Maritime Port Authorities, Inland Waterway Port Authorities have authority to sanction administratively and apply remedial measures for administrative violations defined at Chapter II and Chapter III of this Decree as prescribed in Articles 39, 40, 41, 42, 43, 44, 47 and 52 of Law on handling administrative violations in the areas under their assigned management, function, tasks and powers.

2. Persons competent to sanction of specialized inspection agencies have authority to sanction administratively and apply remedial measures for administrative violations defined at Chapter II and Chapter III of this Decree under sectors and fields managed by them as prescribed in Article 46 and 52 of Law on handling administrative violations.

Article 47. Authority to make written records of administrative violations

1. Persons competent to make written record include:

a) Persons competent to sanction administrative violations in domains of water resources and minerals;

b) Cadres, civil servants of agencies defined at Articles 44, 45 and 46 of this Decree on duty.

2. Persons competent to make written record as prescribed in Clause 1 this Article have power to make administrative written record on administrative violations within scope of implementing the assigned duties and tasks according to the set form and take responsibilities about making written record.

3. An act of administrative violation will only made written record once. If an act of administrative violation has been made written record, do not make written record for the second time for such act of administrative violation

In case when an act of violations have been made written record, then individuals and organizations still continue committing although persons competent to sanction have force terminate acts of violations, when issuing decision on sanction for that act, the competent person may apply additionally aggravating circumstances defined at point i Clause 1article 10 of Law on handling of administrative violations.

4. If individuals and organizations commit many acts of administrative violations in the same violation case or repeated violations for many times, the written record of sanction must present sufficiently violations or number of violation times.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 48. Effect

1. This Decree takes effect on December 15, 2013.

2. This Decree replaces Government’s Decrees: No. 34/2005/ND-CP dated March 17, 2005 providing for sanction of administrative violations in domain of water resources; No. 150/2004/ND-CP dated July 29, 2004, providing for sanction of administrative violations in mineral sector; No. 77/2007/ND-CP dated May 10, 2007, on amending and supplementing a number of Articles of Government’s Decree No. 150/2004/ND-CP dated July 29, 2004, providing for sanction of administrative violations in mineral domain.

Article 49. Transitional provisions

1. Violations which have happened before this Decree takes effect but not yet been sanctioned and being considered, settled or defected after this Decree takes effect, sanction will apply Decree No. 34/2005/ND-CP Decree No. 150/2004/ND-CP and Decree No. 77/2007/ND-CP In case where provisions on sanction in this Decree are more beneficial for organizations and individuals, provisions in this Decree will be applied for sanction.

2. Violations which have had a valid sanction decision but not yet observed or exercise has not yet finished, that sanction decision will be exercised.

Article 50. Organization of implementation and responsibilities of implementation

1. The Minister of Natural Resources and Environment shall guide and organize implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of provincial/municipal People’s Committee shall implement this Decree.

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 


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