Decree No. 34/2005/ND-CP of March 17, 2005, on sanctions against administrative violations of water resources management regulations đã được thay thế bởi Decree No. 142/2013/ND-C sanction of administrative violations in domain of water resources and minerals và được áp dụng kể từ ngày 15/12/2013.
Nội dung toàn văn Decree No. 34/2005/ND-CP of March 17, 2005, on sanctions against administrative violations of water resources management regulations
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 34/2005/ND-CP | Hanoi, March 17, 2005 |
DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF WATER RESOURCES MANAGEMENT REGULATIONS
THE GOVERNMENT
Pursuant to the Law on the Government Organization dated 25 December 2001;
Pursuant to the Law on Water Resources dated 20 May 1998;
Pursuant to the Resolution 02/2002/QH11 Listing Ministries and Ministerial level Agencies of the Government of the first session of the XI National Assembly of the Socialist Republic of Vietnam dated August 5, 2002
Pursuant to the Ordinance on Handling of Administrative Violations dated 2 July 2002; and,
At the request of the Minister of Natural Resources and Environment,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This decree regulates: administrative violations of water resources management regulations; sanctions; fining rates; powers and procedures for sanctioning, and; measures to mitigate the consequences of the violations.
2. Any act by an individual or organization, whether deliberate or not, which violates the principles of state management of water resources management regulations, shall be subject to administrative sanctions in accordance with the Ordinance on Handling of Administrative Violations and this Decree, provided that the act is not serious enough to be examined for criminal liability as stipulated by law.
3. Administrative violations of water resources management regulations subject to this Decree are:
a. Violations of regulations on water resources protection;
b. Violations of regulations on water resources exploration, exploitation, utilization and discharge of waste water into the water sources;
c. Violations of regulations on collection, management, dissemination, and use of water resource data and information, and;
d. other violations of water resources regulations.
4. Other administrative violations of water resources management regulations established by other decrees of the Government (all hereunder called related decrees) shall be sanctioned in accordance with regulations provided in those decrees.
Article 2. Subject of Regulation
1. Domestic individuals and organizations as well as foreign individuals and organizations (hereafter referred to as individuals and organizations) who commit administrative violations of water resources management regulations within the territory of Vietnam shall be subject to this Decree and other related decrees.
2. In case of any sanctions provisions regulated by an international treaty to which the Socialist Republic of Vietnam is a party or signatory of, the subjects of this regulation shall be bound by that treaty.
3. Individuals who are juveniles and commit violations of regulations on water resources shall be sanctioned in accordance with the regulations provided for in Article 7 of the Ordinance on Handling of Administrative Violations.
4. Government officials and employees who commit violations of regulations on water resources when carrying out their water resource management duties in shall not be subject to sanctions provided for in this Decree but to those regulated in Item 2, Article 7 of the Ordinance on State Employees.
Article 3. Principles for Handling of Administrative Violations of Water Resource Regulations
1. Any administrative violation of water resources regulations must be promptly detected and
immediately stopped.
The sanction must be applied in a timely, transparent and strict manner; all consequences caused by administrative violations must be handled promptly in accordance with this Decree and other related regulations.
2. An organization or individual shall only be subject to sanctions for administrative violations of water resources management regulations when committing violations of regulations provided in this Decree
3. Handling of administrative violations on water resource management regulations must be done by authorized persons as provided for in Articles 17, 18, 19 and 20 of this Decree.
4. Each administrative violation of water resources management regulations shall be sanctioned only once.
If many individuals/ organizations commit the same administrative violation of water resources regulations, each of them shall be sanctioned.
An individual or organization that commits several administrative violations shall be sanctioned for each violation.
5. Sanctions shall not be applicable for administrative violations of water resources management regulations which are committed in emergency cases, in unexpected developments, in proper self-defense situations or while the offender is suffering from mental disorder or other diseases that makes him/her unconscious of his/her action or incapable of controlling his/her action.
6. Major sanctions will be applied independently; additional sanctions against violations, and mitigation measures shall be applied at the same time with the major sanction only when the violations are defined as those need to be handled with additional sanctions and mitigation measures in accordance with this Decree, with exception of the cases provided for in Item 1, Article 5 of this Decree.
7. Any sanction against an administrative violation of water resources management regulations must be based on the nature and seriousness of the violation, personal identification of the offender, and assessment of extenuating and/or aggravating circumstances, in order to determine a suitable and appropriate form of sanction, punitive solution and level of punishment.
Article 4. Extenuating and Aggravating Circumstances
Extenuating and aggravating circumstances in relation to a sanction against administrative violations of water resources management regulations shall be taken into account in accordance with Articles 8 and 9 of the Ordinance on Handling of Administrative Violations and Article 6 of Decree 134/2003/ND-CP of the Government dated November 14, 2003 guiding the implementation of some articles of the Ordinance on Handling of Administrative Violations (hereunder called Decree 134/2003/ND-CP).
Article 5. Statute of limitations for handling of administrative violations
1. The statute of limitations for sanctioning an administrative violation of water resources management regulations shall be one year (01) as from the date such administrative violation is committed . In case the time limit has passed, no sanction shall be imposed, but mitigations measures, as stated in Item 3, Article 7 of this Decree shall apply.
2. For a person who is prosecuted, sued or brought to court in line with legal proceedings against criminal actions, but later receives a decision suspending the investigation or the trial, he/she shall be subject to an administrative sanction if his/her action bears signs of an administrative violation of water resources management regulations; in this case, the administrative sanction shall be imposed within three (03) months from the date when the sanctioning authority receives the suspending decision and the case description dossier.
3. Within the time limits provided for in Items 1 2 of this Article, if an individual or organization commits a new administrative violation of water resources management regulations, or deliberately evades or obstructs the sanction, the time limit for imposing a sanction shall commence from the point of time when the new violation is committed, or from the point of time when the deliberated evasion or obstruction of the sanction ceased.
Article 6. Time limits for being considered not yet administratively sanctioned
The time limits for being considered not yet administratively sanctioned will be applied in accordance with Item 1, Article 11 of the Ordinance on Handling of Administrative Violations and Article 7 of Decree 134/2003/ND-CP.
Article 7. Forms of Sanction and Mitigation Measures
1. An organization or individual who commits an administrative violation of water resources
management regulations shall be subject to one of the following sanctions:
a. Warning
b. Fine:
The maximum fine for an administrative violation of water resources management regulations is 100,000,000 VND.
The specific fine for each administrative violation is the average fine of a range of monetary fines applicable for that particular violation; the average fine in a range of monetary fines is defined in accordance with the regulations of Item 2, Article 57 of the Ordinance on Handling of Administrative Violations and Article 24 of the Decree 24 134/2003/ND-CP.
If a violation involves an extenuating circumstance, the fine may be reduced to lower than the average fine, but not lower than the minimum fine given by the range of monetary fines.
If a violation involves an aggravating circumstance, the fine may be increased to higher than the average fine, but not higher than the maximum fine of the range of monetary fines.
2. Based on the nature and the seriousness of the violation, certain form(s) of additional sanction(s) shall be applied in addition to the main form of sanction:
a. Cancellation or suspension of the licence for exploration, exploitation and utilization of water resources, the licence for discharge of waste water into the water sources; the licence for drilling of groundwater.
b. Confiscating material evidences and means of administrative violations.
3. In addition to the sanctions stated in Items 1 and 2 of this Article, the sanctioned organization/individual shall be required to take one or more of the following mitigating measures:
a. Forcible restoration to original condition of a construction, which has been damaged by violation or illegal removal of water resource infrastructure, forcible removing the materials which cause obstruction to water flows;
b. Forcible implementation of measures to redress water pollution, degradation, and depletion due to the act of violation;
c. Forcible observation of terms and conditions provided for in the licences for well drilling, water resource exploration, exploitation, utilization and discharging waste water into the water source.
d. Forcible provision of sufficient and credible water resources data and information collected from the areas where exploration, abstraction and utilization of water resources and/or discharge of waste water are/is conducted whenever required by the state authority.
4. Any sanctioned organization or individual that fails to undertake the measures mentioned in points a, b, c, d, of Item 3 of this Article shall be subject to forcible solutions and payment for all the expenses for taking such coercive solutions. Forcible implementation of these measures shall follow the regulations provided for in Article 66 of the Decree on Sanction against Administrative Violations.
Chapter II
ADMINISTRATIVE VIOLATIONS IN WATER RESOURCE SECTION, FORMS AND RATES OF FINING
Article 8. Water Resources Exploration, Abstraction and Utilization of Water Resources, Discharge of Waste Water into Water Sources without a Required License
1. A fine of VND 200,000-500,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a the required licence:
a. Drilling of a groundwater work (bore) to a depth of less than 50m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity less than 50kW;
c. Abstraction and utilization of surface water for agricultural production at a rate of less than 0.2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate of less than 3,000m3/day;
dd. Abstraction and utilization of groundwater at a discharge rate below 200m3/day.
2. A fine of VND 500,000-1,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a required licence:
a. Drilling of a groundwater work (bore) to a depth of 50m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 50kW to less than 300kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 0.2m3/s to less than 0.5m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 3,000m3/day to less than 20,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 200m3/day to less than 400m3/day.
3. A fine of VND 1,000,000-2,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a required licence:
a. Drilling of two groundwater works (bores) to a total depth of less than 80m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 300kW to less than 700kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 0.5m3/s to less than 1m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 20,000m3/day to less than 50,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 400m3/day to less than 800m3/day.
4. A fine of VND 2,000,000-5,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a required licence:
a. Drilling of two groundwater works (bores) to a total depth of 80m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 700kW to less than 1,800kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 1m3/s to less than 2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 50,000m3/day to less than 100,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 800m3/day to less than 1,500m3/day.
5. A fine of VND 5,000,000-10,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a required licence:
a. Drilling of three groundwater works (bores) to a total depth of 100m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 1,800kW to less than 3,500kW;
c. Abstraction and utilization of surface water for agricultural production at a rate equivalent to or higher than 2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 100,000m3/day to less than 200,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 1,500m3/day to less than 3,000m3/day.
6. A fine of VND 10,000,000-15,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a required licence:
a. Drilling of three groundwater works (bores) with a total depth of 100m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 3,500kW to less than 5,000kW;
c. Abstraction and utilization of surface water for other purposes at a rate ranging from 200,000m3/day to less than 300,000m3/day;
d. Abstraction and utilization of groundwater at a rate ranging from 3,000m3/day to less than 4,000m3/day.
7. A fine of VND 15,000,000-20,000,000 shall apply for each of the following violations in relation to exploration, abstraction and utilization of water resources without a the required licence:
a. Drilling of four or more groundwater works (bores);
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity of 5,000kW or higher;
c. Abstraction and utilization of surface water for other purposes at a rate of 300,000m3/day or higher;
d. Abstraction and utilization of groundwater at a rate of 4,000m3/day or higher.
8. For violations relating to discharging waste water into a water source without a required licence:
a. A fine of VND 10,000,000-12,000,000 shall apply for discharging at a rate ranging from 10m3 /day to less than 50m3/day;
b. A fine of VND 12,000,000-14,000,000 shall apply for discharging at a rate ranging from 50 m3/day to less than 100 m3/day;
c. A fine of VND 14,000,000-16,000,000 shall apply for discharging at a rate ranging from 100m3/day to less than 500m3/day;
d. A fine of VND 16,000,000-18,000,000 shall apply for discharging at a rate ranging from 500m3/day to less than 1,000m3/day;
dd/ A fine of VND 18,000,000-20,000,000 shall apply for discharging at a rate ranging from 1,000m3/day to less than 2,000m3/day;
e/ A fine of VND 20,000,000-25,000,000 shall apply for discharging at a rate ranging from 2,000m3/day to less than 5,000m3/day;
g/ A fine of VND 25,000,000-30,000,000 shall apply for discharging at a rate equivalent to 5,000m3/day or higher;
9. Additional sanctions and mitigation measures include:
a. Confiscation of the material evidence, tools and means which were used to commit the violations.
b. Forcible implementation of measures for overcoming water source pollution and degradation caused by each of the violations.
Article 9. Violations of Regulations Provided for in Licences for Exploration, Abstraction, Utilization of Water Resource and Discharge of Waste Water into Water Sources
1. A fine of VND 100,000-500,000 shall apply for any of the following violations:
a. Not reporting the result of the exploration as regulated;
b. Obstructing the legal right to abstract and use water resources of other individuals and organizations;
c. Not providing complete and accurate data and information about water resources at the sites of water resources exploration, abstraction and utilization or waste water discharge when requested by the authorized state agency;
d. Not reporting on results of water resources exploration, abstraction and utilization and waste water discharge into water sources to the authorized state agency as required.
2. Where water is abstracted or utilized at a volume exceeding the permitted volume stated in the licence, the individual or organization shall be fined for the excess amount in accordance with sanctions applicable for the individual or organization that abstracts or use water without a licence as stipulated in Article 8 of this Decree.
3. A fine of VND 2,000,000-4,000,000 shall apply for any of the following violations:
a. Abstracting groundwater from an aquifer that is not registered in the licence;
b. Abstracting groundwater without contrary to the water regime given in the licence;
c. Abstracting groundwater from a location that is not stated in the licence.
4. A fine of VND 4,000,000-6,000,000 shall apply for any of the following violations:
a. Exploring groundwater contrary to conditions given in the licence;
b. Failing to supervise the process of exploration, abstraction and utilization of water resources and discharge of waste water into water sources as guided by the authorized state agency
c. Not taking prompt and accurate measures to assure the safety, protection and avoidance of negative incidents occurring during exploration, exploitation and utilization of water resources and discharging waste water into water sources;
d. Discharging wastewater into a water source that is not provided for in the licence;
5. The following fines shall apply for violations of discharging wastewater into water sources at a discharge rate exceeding that specified in the licence:
a. VND 5,000,000-7,000,000 for an excess amount ranging from 10m3/day to less than 50m3/day;
b. VND 7,000,000-9,000,000 for an excess amount ranging from 50m3/day to less than 100m3/day;
c. VND 9,000,000-11,000,000 for an excess amount ranging from 100m3/day to less than 500m3/day;
d. VND 11,000,000-13,000,000 for an excess amount from 500m3/day to less than 1,000m3/day;
dd. VND 13,000,000-15,000,000 for an excess amount from 1,000m3/day to less than 2,000m3/day;
e. VND 15,000,000-20,000,000 for an excess amount from 2,000m3/day to less than 5,000m3/day;
g. VND 20,000,000-25,000,000 for an excess amount of 5,000m3/day or more;
6. Mitigation measures for violations in this Article include:
a. Forcible undertaking of the measures for overcoming the water source pollution, degradation and depletion caused by the violations;
b. Forcible observation of terms and conditions given in the license.
Article 10. Sanctions on Lending, Leasing, Transferring Licences, Changing Contents of Licences for Exploration, Abstraction, Utilization of Water Resource and Discharge of Waste Water into Water Sources
1. A fine of VND 10,000,000-12,000,000 shall apply for lending, leasing or transferring the licence.
2. A fine of 20,000,000-30,000,000 shall apply for changing the contents of the licence.
3. Additional fining measures for violations regulated in this Article:
a. Suspension of the licence for a period ranging from ninety days (90) to a hundred and eighty days (180) if the licence owner lends or leases his/her licence.
b. Stripping off the right to use of the licence if the licence owner transfers and change the contents of his/her licence.
Article 11. Using Expired Licences
1. Warning sanctions shall be applied for an individual or organization that continues to explore, abstract and utilize water resources or discharge waste water into water sources when the licence has been expired for thirty (30) days or less, unless application for extension to the licence has been made accordance with the regulations.
2. A fine of VND 100,000-400,000 shall apply for an individual or organization that continues to explore, abstract and utilize water resources or discharge waste water into water sources when he/she uses the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of a groundwater work (bore) to a depth of less than 50m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity less than 50kW;
c. Abstraction and utilization of surface water for agricultural production at a rate of less than 0.2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate of less than 3,000m3/day;
dd. Abstraction and utilization of groundwater at a discharge rate below 200m3/day.
3. A fine of VND 400,000-800,000 shall apply for continuing to explore, abstract and utilize water resources or discharge waste water into water sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of a groundwater work (bore) to a depth of 50m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 50kW to less than 300kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 0.2m3/s to less than 0.5m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 3,000m3/day to less than 20,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 200m3/day to less than 400m3/day.
4. A fine of VND 800,000-1,500,000 shall apply for continuing to explore, abstract and utilize water resources or discharge waste water into water sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of two groundwater works (bores) to a total depth of less than 80m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 300kW to less than 700kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 0.5m3/s to less than 1m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 20,000m3/day to less than 50,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 400m3/day to less than 800m3/day.
5. A fine of VND 1,500,000-4,000,000 shall apply for continuing to explore, abstract and utilize water resources or discharge waste water into water sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of two groundwater works (bores) to a total depth of 80m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 700kW to less than 1,800kW;
c. Abstraction and utilization of surface water for agricultural production at a rate ranging from 1m3/s to less than 2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 50,000m3/day to less than 100,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 800m3/day to less than 1,500m3/day.
6. A fine of VND 4,000,000-8,000,000 shall apply for continuing to explore, abstract and utilize water resources ord discharge waste water into water sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of three groundwater works (bores) to a total depth of 100m;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 1,800kW to less than 3,500kW;
c. Abstraction and utilization of surface water for agricultural production at a rate equivalent to or higher than 2m3/s;
d. Abstraction and utilization of surface water for other purposes at a rate ranging from 100,000m3/day to less than 200,000m3/day;
dd. Abstraction and utilization of groundwater at a rate ranging from 1,500m3/day to less than 3,000m3/day.
7. A fine of VND 8,000,000-12,000,000 shall apply for continuing to explore, abstract and utilize water resources or discharge waste water into sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of three groundwater works (bores) with a total depth of 100m or more;
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity ranging from 3,500kW to less than 5,000kW;
c. Abstraction and utilization of surface water for other purposes at a rate ranging from 200,000m3/day to less than 300,000m3/day;
d. Abstraction and utilization of groundwater at a rate ranging from 3,000m3/day to less than 4,000m3/day.
8. A fine of VND 12,000,000-16,000,000 shall apply for continuing to explore, abstract and utilize water resources and discharge wastewater into sources when the license has been expired for thirty (30) days to less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. Drilling of four or more groundwater works (bores);
b. Abstraction and utilization of surface water for hydropower generation with the hydropower plant having a capacity of 5,000kW or higher;
c. Abstraction and utilization of surface water for other purposes at a rate of 300,000m3/day or higher;
d. Abstraction and utilization of groundwater at a rate of 4,000m3/day or higher.
9. For the violation of continuing to discharge wastewater into sources when the licence has been expired for between thirty (30) days and less than sixty (60) days, unless application for extension to the licence has been made in accordance with the regulations, and if:
a. A fine of VND 200,000-500,000 shall apply if the discharge rate ranges from 10m3/day to less than 50m3/day;
b. A fine of VND 500,000-1,000,000 shall apply if the discharge rate ranges from 50m3/day to less than 100m3/day;
c. A fine of VND 1,0030,000-2,000,000 shall apply if the discharge rate ranges from 100m3/day to less than 500m3/day;
d. A fine of VND 2,000,000-4,000,000 shall apply if the discharge rate ranges from 500m3/day to less than 1,000m3/day;
dd. A fine of VND 4,000,000-6,000,000 shall apply if the discharge rate ranges 1,000m3/day to less than 2,000m3/day;
e. fine o3 VND 6,000,000-8,000,000 shall apply if the discharge rate ranges from 2,000m3/day to less than 5,000m3/day;
g. A fine of VND 25,000,000-30,000,000 shall apply if the discharge rate is 5,000m3/day or or more;
10. If a licence has been expired for sixty (60) days or more, the applicable sanctions are the same as those for exploration, abstraction and utilization of water resources and discharge of waste water into water sources without a licence, as stated in Article 8 of this Decree.
11. Additional fining measures for violations regulated in this Article:
a. Confiscation of the material evidence, tools and means which were used to commit the violations;
b. Stripping off the right to use licences for exploration, abstraction, utilization of water resources and discharge of wastewater into water sources;
c. Forcible implementation of measures for overcoming water source pollution and degradation caused by each of the violations.
Article 12: Violations of Regulations on Groundwater Drilling Practices
1. A fine of VND 500,000 -1,000,000 shall apply for not submitting annual reports on the results of drilling for exploration and exploitation of groundwater as stipulated.
2. A fine of VND 2,000,000-4,000,000 shall apply for any of the following violations:
a. Continuing to practice drilling of groundwater works when the drillers licence has expired;
b. Constructing drilling boreholes without observing approved technical procedures and designs, causing negative impacts on groundwater quantity and quality;
c. Not filling up drilled boreholes as requested;
d. Exploring and drilling groundwater works for individuals or organizations that have no licences to explore, exploit or use groundwater;
3. A fine of VND 10,000,000 to 14,000,000 shall apply for any of the following violations:
a. Operating drilling of groundwater outside the area that is provided for in the granted licence;
b. Using the drillers licence of another individual or organization;
c. Undertaking groundwater drilling without a legitimate drillers licence;
4. Additional sanctions to the violations mentioned in Item 2 of this Article include:
a. Confiscating material evidence and tools used to conduct the violations stated in Point a, Item 2 and Point a, Item 3;
b. Stripping off the right to use licences for groundwater drilling if an individual or organization commits any violation stated in Points a and b of Article 3;
c. Forcible remediation of any damage caused by the violations; forcible implementation of measures for remediating water pollution, depletion as a result of violations stated in Clause 2b of this Article.
Article 13. Violations Causing Damage to Works Supporting Water Resources Information Survey and Monitoring
1. A fine of VND 50,000 - 200,000 shall apply for raising and feeding cattle in protection zones of water resources information surveying and monitoring stations;
2. A fine of VND 2,000,000 -4,000,000 shall apply for encroaching upon aerial, water surface, underwater, and underground technical safety corridors causing obstruction to and inaccuracy in the data or information of water resource surveys, monitoring and inspection;
3. A fine of VND 4,000,000 -8,000,000 shall apply for causing damage to facilities, works and equipment used for surveying, monitoring, collecting data and information about water resources;
4. The measures to overcome the consequences of the violations mentioned in this Article include forcible remediation of any impact caused by the violations.
Article 14: Violations of Regulations of Water Resource Information and Data Collection, Management, Storage and Utilization
1. A fine of VND 50,000-100,000 shall apply for obstructing the process of water resource information and data monitoring, collection, exchange, exploitation and use;
2. A fine of VND 50,000-200,000 shall apply for one of the following violations:
a. Not obeying provided regulations on water resources information and data processing;
b. Providing information and data beyond legitimate management authority;
3. A fine of VND 500,000-1,000,000 shall apply for illegally accessing water resources information and data inventory systems;
4. A fine of VND 1,000,000-2,000,000 shall apply for not providing adequate surveying, monitoring indicators/data and other related documentation to water resources information and data as required;
5. A fine of VND 2,000,000-4,000,000 shall apply for intentionally distorting or erasing water resources information and data;
6. A fine of VND 3,000,000-5,000,000 shall apply for providing intentionally false calculations, surveys and monitoring findings to authorized water resource information and data agencies.
Article 15: Violations Causing Obstruction to Water Resource Management Activities
1. A fine of 100,000 VND to 500,000 VND shall apply to acts that cause obstruction to the research, survey, assessment and monitoring of water resources at the sites that are permitted by the authorized state agency;
2. A fine of 6,000,000 VND to 8,000,000 VND shall apply to acts that cause obstruction to the inspection on water resources conducted by authorized state management agencies.
Article 16. Other Violations of Water Resources Regulations
1. A fine of VND 50,000-100,000 shall apply for exploiting groundwater on a small scale for domestic use without registering while being subject to registration requirements for exploration, abstraction, utilization of water resources.
2. A fine of VND 200,000-500,000 shall apply for one of the following violations:
a. Soaking bamboo or wood, or putting equipment for fishing and other materials in the water,
causing obstruction to the water flows, badly affecting the water resources exploitation and
utilization of other individuals or organizations;
b. Discharging less than 2m3 of solid waste, soil and stones into public rivers, canals, lakes,
water sources;
c. Exploiting sand, stones, material for construction and/or digging and washing out ores with
rudimentary facility, causing pollution to water resources.
3. A fine of VND 500,000 to 1,000,000 shall apply for discharging between 2m3 and less than 10m3 of
solid waste, soil and stones into public rivers, canals, lakes, water sources;
4. A fine of VND 4,000,000 to 7,000,000 shall apply for discharging more than 10m3 of solid waste, soil and stones into public rivers, canals, lakes, water sources; or for filling up and transgressing 10m2 or more of the water surface;
5. A fine of 7,000,000-10,000,000 shall apply for one of the following violations:
a. Exploiting sand, stones, material for construction, digging and washing out ores with
mechanical facility that cause water pollution or river/lake bank and bed erosion.
b. Constructing underground works, surface works, or foundation consolidation without
following technical procedures and norms on safety and on protection of aquifers and the
surrounding environment;
6. A fine of VND 10,000,000-20,000,000 shall apply for polluting the sanitary protection zones surrounding the areas where water is abstracted for domestic use as regulated by authorized state agencies;
7. A fine of VND 70,000,000-100,000,000 shall apply for one of the following violations:
a. Illegally discharging wastewater into aquifers;
b. Abstracting groundwater in the restricted areas;
8. Additional sanctions and mitigation measures for violations covered by this Article:
a. Forcible dismantling, removing the materials that cause obstruction to the water flow with the
violations mentioned at Point a, Item 2;
b. Forcible restoration to the original conditions which have been changed due to violations
stated in Point b of Item 2, Item 3, Item 4, and Point a of Item 5;
c. Forcible implementation of the measures for overcoming the water source pollution,
degradation due to hereinabove violations.
Chapter III
SANCTIONING POWERS AND PROCEDURES
Article 17: Sanctioning Powers of Chairman of Communal People's Committee
1. Warning;
2. Fines of up to VND 500,000;
3. Confiscation of the exhibits, tools and means which have been used to commit the violations subject to a fine of up to VND 500,000;
4. Requiring mitigation measures stated in Item 3, Article 7 of this Decree.
Article 18: Sanctioning Powers of Chairman of District People’s Committee
1. Warning;
2. Fines of up to VND 20,000,000;
3. Confiscation of the exhibits, tools and means which have been used to commit the violations;
4. Stripping off the right to use licences for exploration, abstraction, utilization of water resources and/or discharge of wastewater into water sources;
5. Requiring mitigation measures stated in Item 3, Article 7 of this Decree.
Article 19: Sanctioning Powers of Chairman of Provincial People’s Committee
1. Warning;
2. Fines of up to VND 100,000,000;
3. Stripping off the right to use licences for exploration, abstraction, utilization of water resources and/or discharge of wastewater into water sources;
4. Confiscation of the exhibits, tools and means which have been used to commit the violations; and,
5. Requiring mitigation measures stated in Item 3, Article 7 of this Decree.
Article 20. Powers of Natural Resources and Environment Inspector
1. The Natural Resources and Environment Inspectors of provincial Departments of Natural Resources and Environment and the Ministry of Natural Resources and Environment shall have the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND 200,000;
c. Confiscation of the exhibits, means and tools of violations subject to a fine of up to 2,000,000 VND; and,
d. Requiring mitigation measures stated in Item 3 Article 7 this Decree.
2. The Chief Natural Resources and Environment Inspector of a provincial Department of Natural Resources and Environment shall have the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND 20,000,000;
c. Stripping off the right to use licences for exploration, abstraction, utilization of water resources and/or discharge of wastewater into water sources and/or drilling practicing;
d. Confiscation of exhibits, means and tools of violations; and,
dd. Requiring mitigation measures stated in Item 3, Article 7 of this Decree.
3. The Chief Natural Resources and Environment Inspector of the Ministry of Natural Resources and Environment shall have the power to exercise the following sanctions:
a. Warning;
b. Fines of up to VND 100,000,000;
c. Stripping off the right to use licences for exploration, abstraction, utilization of water resources and/or discharge of wastewater into water sources and/or drilling practicing;
d. Confiscation of exhibits, means and tools of violations; and,
dd. Requiring mitigation measures stated in Item 3, Article 7 of this Decree.
Article 21: Sanctioning Procedures
1. When a violation of water resources regulations is detected, the person who is authorized to sanction must immediately stop the violation, and make a report on it. The report must follow the required format. Where sanctioning the violation is beyond the power of the person that prepares the report, it shall be submitted to an authorized person.
2. The procedures for sanctioning an administrative violation will be implemented as follows:
a. If the sanction is a warning or fine up to VND 100,000, it shall be decided upon by the authorized person on the spot;
The record of the sanctioning decision must include the day, month, and year of the decision; full name and address of the offending organization or individual; name and place of the violation; name and position of the authorized person; the name of the legal document and the Article which has been violated. One copy of the decision must be given to the offending organization or individual.
If a fine is applied, the decision must clearly specify the amount of the fine. The offending organization or individual can pay the fine on the spot to the authorized person, in which case they must be issued a receipt for the fine;
b. For a violation with a fine of more than VND 100,000, the authorized person must write a report on the violation. The report must include the day, month, and year and the place where the report was written; full name and position of the report writer; full name, address, and occupation of the offending organization or individual; name, place, and date of the violation; measures for cessation of the violation and measures to assure that the sanction is applied ; status and types of exhibits that have been confiscated (if any); signature of the offender or his/her representative; signature of the witnesses and of offended persons or their representatives with full information about their names, addresses and comments.
3. The offending organization or individual shall pay fines required by the sanction decision to the State Treasury, and shall be provided with a receipt for the payment.
In isolated and faraway areas, the sea and mountainous areas, or areas where transportation is exceptionally difficult, the offending organization or individual may pay the fine to the authorized person. The authorized person must have the responsibility to collect the fine on the spot and send it to the State Treasury following the regulations in Item 3, Article 58 of the Ordinance on Handling of Administrative Violations. The offending person or organizations has the right not to pay the fine if they do not receive a receipt for the payment.
4. When the sanction of confiscation of material and goods that cause water pollution is applied, the authorized person must write a report specifying the name/kind, quantity, condition, and quality of the confiscated materials and goods; the signatures of the authorized person, the offending organization's representative and individual and the witness.
In case the materials or goods must be sealed, it shall be undertaken in the presence of the offending individual or representative of the offending organization and another witness.
5. The organization or individual who is subject to any of the administrative sanctions hereinabove must abide by the sanctioning decision within 10 days from the day they receive the sanctioning decision. If 10 days elapses without complying with the sanction decision, the offending organisation or individual shall be subject to Article 66 of the Ordinance on Handling of Administrative Violations.
6. Any individual or organization that is fined VND 500,000 or more can delay paying the fine stated in the sanctioning decision only when they face tremendous financial difficulties. Procedures and time limit for delaying payment are provided for in Article 65 of the Ordinance on Handling of Administrative Violations.
Article 22: Procedure of Licence Revocation
1. When applying the sanction of stripping off the right to use a license for drilling, exploration, abstraction, utilization of water resources or waste water discharge into water sources, the authorized sanctioning person must record the applied sanction in the sanctioning decision and report immediately to the licensing agency that has granted the licence.
The sanctioning decision must include the name, type, serial number, date of issuing, duration of the revoked licence.
If the licence is suspended for a set period, the authorized sanctioning person, after the completion of the suspension period, must return the licence to the licence owner.
2. Upon detecting that the licence has been granted by an unauthorized agency or contains illegitimate contents, the authorized sanctioning person must write a report on the violation, confiscate the licence and report to the authorized state agency.
Article 23: Procedures of Confiscation and Handling of Exhibits, Means and Tools Used during Violations
When confiscating the exhibits, means and tools used during claimed violations, the authorized sanctioning person must follow the regulations provided for in Article 60 and those on handling of confiscated exhibits, means and tools stipulated in Article 61 of the Ordinance on Handling of Administrative Violations and Article 32 of the Decree 134/2003/ND-CP.
Chapter IV
APPEALING, DENUNCIATION AND VIOLATION HANDLING
Article 24: Complaints, Denunciation and Settlement of Complaints and Denunciation
1. Any organization or individual sanctioned for an administrative violation of water resources regulations or their legitimate representative can lodge an appeal against a sanctioning decision given by an authorized person.
2. Every citizen has the rights to report any individual or organization that commits violations regulated in this Decree, and any authorized sanctioning person that misuses his/her power and contravenes the regulations provided for in this Decree.
3. The powers, procedures, and schedules for settling complaints and denunciation shall be implemented in accordance with existing regulations on petitions and denunciations.
4. The procedures of lodging appeals against sanctioning decisions and/or for reporting violations shall follow the regulated procedures for handling administrative.
Article 25: Sanctions against Authorized Sanctioning Person
Any authorized sanctioning person in the water resources management sector that misuses his/her power to harass, abet or protect the offender; not to sanction, or to sanction untimely or wrongly or beyond authority shall be punished or face criminal charges depending on the character and seriousness of the violation. If his/her actions cause loss or damage to the State, individuals or organizations, he/she shall have to compensate as stipulated by the law.
Article 26: Handling Violations Committed by Sanctioned Individual or Organization
Any sanctioned person/organization that resists an authorized sanctioning person, delays or avoids observing the provided sanctioning decision, or commits other violations, may face criminal charges, depending on the character and seriousness of the act; If his/her actions cause loss or damage, he/she shall have to compensate as stipulated by the law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 27: Effect of Implementation
This Decree shall take effect 15 days from publication in the Official Gazette.
Article 28: The Responsibility of guidance and implementation
The Minister of Resource and Environment shall give guidance on, and organize the implementation of, this Decree within his scope of functions, responsibilities and powers.
Ministers of related ministries, Heads of ministerial-level agencies, Heads of government-level agencies and Chairmen of Provincial People's Committees shall be responsible for implementing this Decree.
| THE PRIME MINISTER |
