Nghị định 73/2011/ND-CP

Decree No. 73/2011/ND-CP of August 24, 2011, defining handling of administrative violations on economical and efficient use of energy

Decree No. 73/2011/ND-CP defining handling of administrative violations on econo đã được thay thế bởi Decree No. 134/2013/ND-CP regulations on sanction against administrative violation in the field of electricity và được áp dụng kể từ ngày 01/12/2013.

Nội dung toàn văn Decree No. 73/2011/ND-CP defining handling of administrative violations on econo

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: 73/2011/ND-CP	Hanoi, August 24, 2011

DECREE

DEFINING HANDLING OF ADMINISTRATIVE VIOLATIONS ON ECONOMICAL AND EFFICIENT USE OF ENERGY

THE GOVERNMENT

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

Pursuant to the June 28, 2010 Law on Economical and Efficient Use of Energy;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002, the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Pursuant to the Decree No.21/2011/ND-CP dated March 29, 2011 detailing and taking measures to implement the Law on Economical and Efficient Use of Energy;

At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Decree provides for the administrative violations, forms of sanction, fine rates, and competence to sanction and the remedies of economical and efficient use of energy.

2. Acts of administrative violation on economical and efficient use of energy are the violations of regulations on State management of economical and efficient use of energy in Vietnam conducted intentionally or unintentionally by individuals or organizations, but not serious enough for criminal prosecution, they must be sanctioned for administrative violations as prescribed in this Decree.

3. Acts of administrative violation on economical and efficient use of energy include:

a) Violation of regulations on energy audits;

b) Violation of regulations on economical and efficient use of energy in industrial production, construction, transportation, agricultural production;

c) Violation of regulations on management and economical and efficient use of energy in the establishment using key energy;

d) Violation of regulations on labeling of energy;

đ) Violation of regulations on production, import and circulation of vehicles and equipment using energy on the list of facilities and equipment required to remove;

e) Violation, obstruction of public service activities in economical and efficient use of energy.

4. The acts of destroying the resources of national power; forgery, fraud in order to enjoy preferential policies of the state of economical and efficient use of energy; abuse function, powers in the management of economical and efficient use of energy for the purpose of profit and other violations shall be handled violations under the provisions of relevant laws.

Article 2. Subjects to sanction

1. Domestic individuals and organizations and foreign individuals, organizations (hereinafter referred to as individuals or organizations) commit acts of administrative violation on economical and efficient use of energy in the territory of Vietnam.

2. Minors who commit acts of administrative violation on economical and efficient use of energy shall be sanctioned according to Article 7 of the Ordinance on Handling of Administrative Violations.

3. Where cadres and public servants, public employees are on duties related to economical and efficient use of energy that commit acts of violation of law on economical and efficient use of energy, they shall not be sanctioned administratively under the provisions of this Decree but shall be handled in accordance with provisions of law on officials and public servants, public employees.

Article 3. The principles for sanctioning

1. Principles of handling administrative violations on economical and efficient use of energy are carried out in accordance with the law on handling of administrative violations.

2. The sanction of administrative violations in economical and efficient use of energy implemented by competent persons shall comply with the provisions of Articles 25, 26, 27, 28 of this Decree.

Article 4. The extenuating and aggravating circumstances

The extenuating, aggravating circumstances apply to administrative violation sanctions on economical and efficient use of energy shall comply with the law on handling of administrative violations and this Decree.

Article 5. The prescription for sanctioning administrative violations

1. The prescription for sanctioning administrative violation on economical and efficient use of energy is one year from the date that administrative violations are detected. As for administrative violations on the production and import of vehicles and equipment of economical and efficient use of energy, the prescription shall be two years from the date the administrative violations are detected.

If the said time limit is exceeded, they shall not be sanctioned, but still subject to the remedies specified in this Decree.

2. For individual who has been sued, prosecuted or got decision to be brought to trial by criminal proceeding procedures, but then decided to suspend the investigation or suspend the case, but the violation has signs of administrative violation on economical and efficient use of energy, shall be sanctioned for administrative violations on economical and efficient use of energy. Within three working days after the decision to suspend the investigation or suspend the case, the agencies conducting the criminal proceedings must forward the decision to suspend investigation or suspend the case together with the case records and recommendation for administrative sanctions to the person who is competent to sanction administrative violations. The prescription for sanctioning administrative violation is three months from the date the person who is competent receives the decision to suspend and record of the violation case.

3. Within the time limit as prescribed in clauses 1 and 2 of this Article, if individuals or organizations commit new administrative violations on economical and efficient use of energy or deliberately evade or obstruct the sanction, shall not apply the prescription as prescribed in clause 1, clause 2 of this Article, the prescription for sanctioning administrative violations for the above cases are counted from the date the new administrative violations are conducted or from the date of termination of acts of evading or obstructing the sanction.

Article 6. The time limit considered as not yet sanctioned for administrative violations

Individuals and organizations sanctioned for administrative violations on economical and efficient use of energy, if after one year from the date of completely serving the sanctioning decisions or the date of expiry of prescription for execution of sanctioning decisions without committing again, they are considered as having not yet been sanctioned for administrative violations of economical and efficient use of energy.

Article 7. The forms of sanction and remedies

1. Each administrative violation on economical and efficient use of energy, violating individuals and organizations must take one of the following forms of the administrative sanctions:

a) Warning;

b) Fine.

2. Depending on the nature and seriousness of violations, individuals and organizations committing administrative violations may also be subject to one or more following additional sanctions:

a) Strip the right to use termly or indefinitely certificate of labeling energy; certificate of sufficient conditions as training facility of energy auditors, energy management; certificate of energy management, energy auditors;

b) Confiscate material evidences and means used for administrative violations on economical and efficient use of energy.

3. In addition to the sanction forms specified in clauses 1 and 2 of this Article, individuals, and organizations committing administrative violations on economical and efficient use of energy may also be subject to one or more remedies provided for in Chapter II of this Decree.

Article 8. Compensation for damage caused by administrative violations on economical and efficient use of energy

Individuals or organizations that commit acts of administrative violation on economical and efficient use of energy causing damage to the interests of the State, legitimate rights and interests of other individuals and organizations must pay compensation as prescribed by law.

Article 9. Responsibilities of persons who are competent to sanction administrative violations

1. Upon detecting administrative violation, the competent person who is on duty must make record, immediately stop the violation, sanction administrative violation in accordance with order, procedures prescribed in Chapter VI of Ordinance on Handling of Administrative Violations. Where the violation is not under the jurisdiction or beyond his/her sanctioning competence, the case’s dossier shall promptly be forwarded to the competent authority to sanction.

2. Person who is competent to sanction administrative violations on economical and efficient use of energy must sanction in compliance with his/her competence. Where the person who is competent to sanction administrative violations is absent, it shall authorize direct deputy to sanction as stipulated in Article 41 of the Ordinance on Handling of Administrative Violations.

3. Person who is competent to sanction administrative violations but harasses, tolerates, covers up, fails to settle, retains cases with criminal signs for administrative sanction, splits cases to sanction in accordance with their competence or handle not timely and properly, handles ultra vires prescribed, depending on the nature and seriousness of violations, shall be disciplined or prosecuted for criminal liability, if causing damage, he/she must pay compensation as prescribed by law.

4. The cases made decisions to sanction ultra vires, the incorrect violators, violations; application of incorrect forms, level and remedies; the sanction not in compliance with description, and time limit of sanction, depending on each particular case, it must modify or cancel the unlawful decision.

5. The handling of violations for the persons who are competent to sanction administrative violations on economical and efficient use of energy in accordance with the law provisions on cadres, civil servants and other concerned legal documents.

Chapter 2.

VIOLATIONS, FORMS OF HANDLING, LEVEL OF SANCTION

Item 1. VIOLATION OF THE PROVISIONS OF ENERGY AUDIT

Article 10. Violation of the establishment using key energy of energy audit

1. Impose a warning for the act of failing to fully implement the content of audit report according to the form prescribed.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for the act of failing to perform energy audit as prescribed.

Article 11. Violation of the regulations on training and issuance of certificate of energy auditor

1. For the act of holding the training course to issue certificates for completing the training course of energy auditors not ensuring conditions stipulated by the Ministry of Industry and Trade:

a) A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the act of violating regulations on the teacher team;

b) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the act of violating regulations on teaching materials;

c) A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the act of violating regulations on material facilities;

d) A fine of between VND 25,000,000 and 30,000,000 shall be imposed for the act of holding the training course without permission of the competent agencies.

2. The act of issuance of certificate of energy auditors not in compliance with provisions shall be handled according to law provisions on cadres, civil servants, and other concerned legal documents.

3. Forms of additional sanction:

Strip the right to use certificate of sufficient conditions as the facility of training of energy auditors for the violations prescribed at points b, c, clause 1 of this Article.

4. Remedies:

a) Forced to withdraw certificate of completing the training course of energy auditor issued for the violations prescribed at points b, c, d, clause 1 of this Article;

b) Forced to return to the learners the amounts collected and bear all expenses for reimbursement for violations prescribed at points b, c, d, clause 1 of this Article;

c) Forced to withdraw certificates of energy auditors issued for the violations prescribed in clause 2 of this Article.

Article 12. Violations of organizations and individuals to perform energy audits

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the following violations:

a) Using fake certificates of auditors;

b) Renting out or lending certificates of auditors to perform the audit.

2. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for the violations prescribed in Article 34 Law on Economical and Efficient Use of Energy of energy audit.

3. Forms of additional sanction:

Strip the right to use certificates of energy auditors for the second violations prescribed at point b, clause 1 of this Article.

Item 2. VIOLATION OF PROVISIONS ON ECONOMICAL AND EFFICIENT USE OF ENERGY IN INDUSTRIAL PRODUCTION, CONSTRUCTION, TRANSPORT, AGRICULTURE PRODUCTION

Article 13. Violation of provisions on economical and efficient use of energy in industrial production

1. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for the act of failing to implement the technical standards, management measures and technologies to use economical and efficient energy required to apply the provisions of Article 24 Decree No.21/2011/ND-CP dated March 29, 2011 detailing and taking measures for implementation of the Law on Economical and Efficient Use of Energy.

2. Remedies:

Forced to comply with technical standards, management measures and technologies to use economical and efficient energy in accordance with provisions for the acts prescribed in clause 1 of this Article.

Article 14. Violation of economical and efficient use of energy in the facilities of production, supply of energy

1. A fine of 100,000,000 VND shall be imposed for the act intentionally not removing the groups of generators with outdated technology, low performance according to schedule defined by the Prime Minister.

2. A fine of 100,000,000 VND shall be imposed for the act deliberately building the new groups of generators with outdated technology, low performance that the Prime Minister defined not to be built.

3. Forms of additional sanction:

Strip the right to use license of construction for the violations prescribed in clause 2 of this Article.

4. Remedies:

Forced to remove groups of generators for the violations prescribed in clause 1 of this Article.

Article 15. Violation of economical and efficient use of energy in public lighting

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of management and operation of public lighting systems for them to operate out of the hour framework according to season, zone, and region defined by the Prime Minister or People’s Committees of provinces and cities under central government.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of repair, replacement of lighting equipment using of lighting equipment not complying with technical standards on economical and efficient use of energy in public lighting issued by the Ministry of Construction.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of installing new public lighting system using lighting equipment not complying with technical standards on economical and efficient use of energy in public lighting issued by the Ministry of Construction.

4. Remedies:

Forced to use lighting equipment in compliance with technical standards on economical and efficient use of energy in public lighting prescribed in clause 2, clause 3 of this Article.

Article 16. Violation of economical and efficient use of energy in construction activities

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of failing to comply with the regulations on energy using norms, technical regulations in the design, construction, using construction materials to save energy issued by the Ministry of Construction.

2. For the act of approving the grant of construction permit for the project not complying with the regulations on the norms of economical and efficient use of energy, technical standards in the design, construction and use of building materials to save energy issued by Ministry of Construction shall be handled according to the law regulations on cardres, civil servants and other concerned legal documents.

3. Remedies:

a) Forced to withdraw construction permits issued for the violations prescribed in clause 2 of this Article;

b) Forced to implement in compliance with the regulations on energy using norms, technical standards in the design, construction and use of building materials to save energy issued by the Ministry of Construction.

Article 17. Violation of the regulations on economical and efficient use of energy in transport operations

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the act of using vehicles on the list of facilities and equipment required to remove in accordance with provisions of the Prime Minister.

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for the acts of manufacturing equipment, vehicles not complying with technical standards and norms for energy consumption on economical and efficient use of energy in production of equipment, and vehicles.

3. A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed for the acts of importing equipment, vehicles not complying with technical standards and norms for energy consumption on economical and efficient use of energy for equipment and vehicles.

4. Remedies:

a) Forced to terminate the circulation or destroy equipment, transportation means for the acts prescribed in clause 1 of this Article;

b) Forced to re-export or destroy equipment, transportation means imported for the acts prescribed in clause 3 of this Article.

Article 18. Violation of economical and efficient use of energy in agricultural production

For the acts of using the facilities, fishery catching equipment, agricultural machinery with outdated technology, low energy performance on the list of facilities and equipment required to remove according to schedule issued by the competent state agencies:

1. A warning shall be imposed for the acts of organizations and individuals that violate the first time.

2. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for acts of individuals who continue to commit violation after the period of six months from the date of the warning.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of the organizations who continue to commit violation after the period of six months from the date of the warning.

4. Remedies:

Forced to terminate the circulation of facilities, equipment, machinery after six months from the date of being fined.

Item 3. VIOLATIONS OF REGULATIONS ON ECONOMICAL AND EFFICIENT MANAGEMENT AND USE OF ENERGY IN THE FACILITIES USING KEY ENERGY

Article 19. Violation of the regulations on training and grant of certificate of energy management

1. For the act of holding the training course to grant certificates of completion of energy management training course not guaranteeing the conditions as prescribed by the Ministry of Industry and Trade:

a) A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the acts of violating regulations on the teacher team;

b) A fine of between VND 15,000,000 and 20,000,000 shall be imposed for acts of violating regulations on teaching materials;

c) A fine of between VND 20,000,000 and 25,000,000 shall be imposed for violations of regulations on material facilities;

d) A fine of between VND 25,000,000 and 30,000,000 shall be imposed for acts of organizing for training without permission of the competent authorities.

2. For the acts of granting certificate of energy management not in compliance with regulations shall be handled according to law provisions on cadres, civil servants, and other involved legal documents.

3. Forms of additional sanction:

Strip the certificate of sufficient conditions as the training facility for energy management for the violations specified at points b, c, clause 1 of this Article.

4. Remedies:

a) Forced to withdraw certificate of completion of training courses for energy management issued for the violations specified at points b, c, d, clause 1 of this Article;

b) Forced to return to the learners the amounts collected and bear all expenses for reimbursement for the violations prescribed at points b, c, d, clause 1 of this Article;

c) Forced to revoke the energy management certificates issued for the violations prescribed in clause 2 of this Article.

Article 20. Violation of the provisions of applying model for energy management

1. A warning shall be imposed for the heads of key energy using facilities failing to fully comply with the contents of energy management model for key energy using facilities as defined in Article 8 of Decree No.21/2011/ND-CP of March 29, 2011 detailing and taking measures for implementation of the Law on Economical and Efficient Use of Energy.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of failing to appoint or appoint persons not eligible to take the titles of the energy management as provided in Article 35 of the Law on Economical and Efficient Use of Energy.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of failing to set up the annual and five-year plans of economical and efficient use of energy; failing to report the results to implement annual and five-year plans.

Section 4. VIOLATION OF THE PROVISIONS OF ENERGY LABEL

Article 21. Violation of regulations on certificates of energy labeling and use of energy label

1. For acts of granting certificates of energy labeling not complying with the regulations of the Ministry of Industry and Trade shall be handled according to the law provisions on cardres, civil servants, and other concerned legal documents.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of failing to report or reporting untruthfully to the competent state agencies on the number and types of vehicles and equipment required to label energy produced, imported.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of using energy labels not incompliance with specifications.

4. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for the acts of continuing to label energy for facility and equipment when the certification paper of labeling energy of such facility and equipment has expired.

5. For the act of failing to implement the energy label for vehicles and equipment required to label energy:

a) A warning shall be imposed for the first violation;

b) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the second violation;

c) A fine of between VND 30,000,000 and 50,000,000 shall be imposed for the third violation.

6. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for the act of providing false information of energy performance on the energy labels compared with certification paper of energy labeling of the facilities, equipment issued by the competent agencies.

7. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for the act of labeling energy for facilities and equipment not in compliance with the certification paper of energy labeling or labeling energy for the facilities and equipment while having not yet been issued certification paper of labeling energy.

8. Remedies:

a) Forced to withdraw the certification papers of energy labeling for the violations prescribed in clause 1 of this Article;

b) Suspend the energy labeling for the violations specified in clauses 3 and 4 of this Article;

c) Forced to revoke the energy labels stuck for the violations prescribed in clause 7 of this Article.

Article 22. Violation of regulations on issuance of certification paper of standards conformity, test results of energy performance

1. For the acts of issuance of certification paper of standards conformity, satisfactory test results of energy performance for the facilities and equipment unsatisfactory shall be sanctioned as follows:

a) A fine of VND 5,000,000 and 10,000,000 shall be imposed for the first violation;

b) A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the second violation;

c) A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the third violation.

2. Remedies:

a) Forced to withdraw the certification papers, test results issued for violations prescribed in clause 1 of this Article;

b) Delete the name from the list of standard obtaining laboratories which are permitted to test energy performance for the violations prescribed at point c, clause 1 of this Article.

Item 5. VIOLATION OF PROVISIONS OF REMOVAL OF MEANS AND EQUIPMENT

Article 23. Violation of regulations on production, import of vehicles, equipment using energy on the list of facilities, and equipment required to remove

1. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for acts of manufacturing, importing vehicles, equipment using energy on the list of facilities, and equipment required to remove.

2. The Remedies for the violations prescribed in clause 1 of this Article:

a) Forced to re-export or destroy facilities and equipment to be imported;

b) Banned from circulation on the market for vehicles and equipment produced domestically.

3. Violating organizations and individuals bear the full costs to implement the remedies prescribed in clause 2 of this Article.

Item 6. ACTS OF INTERFERRING THE PUBLIC OPERATION IN ECONOMICAL AND EFFICIENT USE OF ENERGY

Article 24. Sanction imposed for the act of obstructing public service activities of the competent persons

1. A fine of 1,000,000 VND and 3,000,000 VND shall be imposed for one of the following acts:

a) Having action to hinder or cause difficulties for the public service activities of the competent persons;

b) Having words, actions to threat, abuse, and insult the honor of people who are on duty.

2. A fine of VND 3,000,000 and 5,000,000 VND shall be imposed for one of the following acts:

a) Failing to make the declaration or declaring untruthfully, not timely at the request of the competent person to sanction administrative violation that is on duty, or the competent state management agency;

b) Failing to provide or providing for inadequate vouchers, documents relating to inspection, examination and handling of violation of persons who are competent to sanction administrative violation to be on duty or the competent state management agency.

3. A fine of between VND 5,000,000 and 10,000,000 VND shall be imposed for one of the following acts:

a) Arbitrarily removing seals on violating material evidence, facilities and equipment under sealed, temporarily seized or arbitrarily alter the field of administrative violations;

b) Dispersing, changing, exchanging material evidence, facilities and equipment which are subject to the inspection, investigation, or seizure;

c) Storing, harboring, consuming material evidence, facilities and equipment which are subject to the inspection, investigation, or seizure for dispersing.

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of delaying or shirking the implementation of administrative decisions on inspection, examination and handling of administrative violations of persons or competent state agencies.

5. Forms of additional sanction:

Confiscate material evidences, means, and equipment dispersed for violations prescribed at points b, c, clause 3 of this Article.

Chapter 3.

COMPETENCE, PROCEDURES FOR SANCTIONS

Article 25. Principles for determining competence to sanction administrative violations

Principles for determining competence to sanction administrative violations shall comply with the provisions of Article 42 of the Ordinance on Handling of Administrative Violations

Article 26. Competence to sanction administrative violations of the specialized inspectors of trade, construction, transport, and market management agencies

1. Specialized inspectors of trade who are on duty may:

a) Impose a warning;

b) Impose a fine of up to VND 500,000;

c) Confiscate material evidences and means used for administrative violations valued at VND 2,000,000.

2. Chief inspectors of Departments of Industry and Trade may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Strip the right to use termly or indefinitely the certification papers or certificates for economical and efficient use of energy;

d) Confiscate material evidences and means used for administrative violations;

đ) Apply the additional sanctioning forms prescribed in clause 3 of Article 12 of this Decree;

e) Apply the remedies prescribed at points a and b, clause 4, Article 11, clause 2 of Article 13, clause 4 of Article 15, point a, clause 4, Article 17, clause 4 of Article 18, points a and b, clause 4 Article 19, point b, clause 8 of Article 21, point a, clause 2 of Article 22 of this Decree and other remedies as prescribed by law.

3. Chief inspectors of Departments of Construction may:

a) Sanction administrative violations on economical and efficient use of energy in the construction as provided for in Articles 15, 16, 24 of this Decree;

b) Apply the remedies prescribed in clause 4, Article 15, clause 3 of Article 16 of this Decree.

4. Chief Inspectors of the Departments of Transport may:

a) Sanction administrative violations on economical and efficient use of energy in the transportation provided for in clause 1, Article 17, Article 24 of this Decree;

b) Apply the remedies prescribed at point a, clause 4, Article 17 of this Decree.

5. Chief Inspector of the Ministry of Industry and Trade may:

a) Impose a warning;

b) Impose a fine of up to VND 100,000,000;

c) Strip the right to use termly or indefinitely the licenses, certification papers, certificates of economical and efficient use of energy;

d) Confiscate material evidences and means used for administrative violations;

đ) Apply all additional sanctioning forms and remedies specified in this Decree.

6. Chief Inspector of Ministry of Construction may:

Sanction administrative violations and apply additional sanctions and remedies for economical and efficient use of energy in the building provided for in Articles 15, 16, 24 of this Decree.

7. Chief Inspector of the Ministry of Transport may:

Sanction administrative violations and apply additional sanctions and remedies for economical and efficient use of energy in the transport provided for in Article 17, 24 of this Decree.

8. The competent persons of the market management agencies within their functions, duties, and powers provided for in Article 37 of the Ordinance on Handling of Administrative Violations and other concerned regulations of law may sanction administratively for the violations of:

a) The regulations on production, import and circulation of vehicles and equipment using energy on the list of facilities and equipment required to remove;

b) The provisions of clauses 3, 4, 5, 6, 7, Article 21, Article 24 of this Decree.

Article 27. Competence to sanction administrative violations of the People's Committees at all levels

1. Chairmen of commune-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000;

c) Confiscate material evidences, means, equipment used for administrative violations valued at VND 2,000,000.

2. Chairmen of district-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Confiscate material evidences and means used for administrative violations.

3. Chairmen of provincial-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 100,000,000;

c) Strip the right to use termly or indefinitely the licenses, certification papers, certificates of economical and efficient use of energy;

d) Confiscate material evidences and means used for administrative violations;

đ) Apply all additional sanction forms and remedies specified in this Decree and the provisions of other relevant laws.

Article 28. Competence to sanction administrative violations of other agencies

The agencies within their functions, tasks, and powers assigned if detecting the administrative violations of economical and efficient use of energy are entitled to administratively sanction in accordance with provisions of Ordinance Handling of Administrative Violations and the provisions of this Decree.

Article 29. Procedures for sanctioning administrative violations and enforcement of sanctioning decisions

1. Procedures for sanctioning administrative violations in economical and efficient use of energy made under the provisions of the Ordinance on Handling of Administrative Violations and Decree No.128/2008/ND-CP of December 16, 2008 detailing the implementation of some Articles of the Ordinance on Handling of Administrative Violations. The forms of minutes and decisions to use in the sanction specified in the Appendices attached to this Decree.

2. The cases of administrative violation to be sanctioned must be made into profile and kept fully in the sanctioning bodies within the time limit prescribed by law.

The making of minutes, decisions to sanction must comply with the procedures prescribed in Articles 54, 55, 56 of the Ordinance on Handling of Administrative Violations.

3. The fines and payment for fines must follow the procedures prescribed in Articles 57, 58 of the Ordinance on Handling of Administrative Violations.

4. The procedures for stripping the right to use termly or indefinitely the certification papers or certificates of economical and efficient use of energy shall comply with the provisions of Article 59 of the Ordinance on Handling of Administrative Violations.

5. Procedures for confiscating and handling material evidences and means of administrative violations on economical and efficient use of energy shall comply with provisions in Articles 60, 61 of the Ordinance on Handling of Administrative Violations.

Article 30. Execution of decision to sanction and enforcement of decisions to sanction administrative violations on economical and efficient use of energy

1. Individuals and organizations committing administrative violations on economical and efficient use of energy administratively sanctioned under the provisions of this Decree must execute the sanctioning decisions within 10 days from the date of being delivered the decision to sanction, unless otherwise provided for in Article 65 of the Ordinance on Handling of Administrative Violations.

2. Over the time limit specified in clause 1 of this Article, individuals and organizations sanctioned for administrative violations of economical and efficient use of energy are not willing to execute or deliberately evade execution of sanctioning decisions shall be forced to execute. Individuals and organizations to be forced to execute must bear all the expenses for the implementation of coercive measures. The enforcement of decisions to sanction administrative violations and the competence to make enforcement decisions is made under the provisions of Articles 66, 67 of the Ordinance on Handling of Administrative Violations, Decree No.37/2005/ND-CP dated March 18, 2005 the Government defining the procedures to apply measures to enforce the execution of the decisions of administrative sanction.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 31. Transfer records of violations with criminal signs for penal liability prosecution

When considering the violation to determine the sanction, if the violation deems to have criminal signs, the competent person must immediately transfer the records to the competent agencies to proceed the criminal procedures.

Article 32. Collection, remittance, management, and use of fines

1. Individuals, organizations committing administrative violations on economical and efficient use of energy to be fined shall the fine as prescribed by law.

2. The collection and payment of fines shall comply with the provisions of the Ordinance on Handling of Administrative Violations. Individuals, organizations committing administrative violations are paid for fines by deducting into their accounts at the bank.

3. Cash received from administrative violation sanctions under this Decree shall be paid into the accounts of temporary collection, temporary seizure of the financial agency opened at the state treasury and used all for the sanction of administrative violations on economical and efficient use of energy.

4. Ministry of Finance shall preside over and coordinate with the concerned ministries and branches to guide the collection, remittance, management, and use of proceeds from sanctions under provisions of this Decree.

Article 33. Effect

This Decree takes effect as from October 15, 2011.

Article 34. Responsibility for implementation

1. Minister of Industry and Trade is responsible for detailing and organizing the implementation of this Decree.

2. The ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People's Committees of provinces and cities under central government are responsible for the implementation of this Decree./.

FOR THE GOVERNMENT
PRIME MINISTER

Nguyen Tan Dung

APPENDIX

LIST OF SOME FORMS OF MINUTES AND DECISIONS TO USE IN HANDLING OF ADMINISTRATIVE VIOLATIONS ON ECONOMICAL AND EFFICIENT USE OF ENERGY
(issuing together Decree No.73/2011/ND-CP dated August 24, 2011 of the Government)

1. Form of minute No.01: Minute of administrative violations of economical and efficient use of energy.

2. Form of minute No.02: The minute of temporary seizure of material evidences, means, equipment of administrative violations of economical and efficient use of energy.

3. Form of minute No.03: The minute of searching transportation means and objects according to administrative procedures.

4. Form of minute No.04: The minute of searching the facility violating the regulations on economical and efficient use of energy, places where the material evidences, means, and equipment for administrative violations are hidden.

5. Form of decision No.01: The decision on temporary seizure of material evidences, means, equipment of administrative violations.

6. Form of decision No.02: The decision on searching establishments violating regulations on economical and efficient use of energy, places where the material evidences, means, and equipment for administrative violations are hidden.

7. Form of decision No.03: The decision on sanction of administrative violations in the form of warning on economical and efficient use of energy by simple procedures.

8. Form of decision No.04: The decision on sanction of administrative violations in the form of imposing a fine on economical and efficient use of energy by simple procedures.

9. Form of decision No.05: The decision on sanction of administrative violations on economical and efficient use of energy.

10. Form of decision No.06: The decision on enforcing the decision to sanction administrative violations on economical and efficient use of energy.

11. Form of decision No.07: The decision on applying the remedies for administrative violations in the case of not applying the form of sanction on economical and efficient use of energy.

Form of minute No.01

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING MINUTE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /BB-VPHC	A² ….., date … month … year ……….

MINUTE

Of administrative violation on economical and efficient use of energy

Today, at … hour … date … month … year …………… at: .....................................

We are ³:

1. Mr./Ms.: ………………………………. Position: .....................................................

2. Mr./Ms.: ………………………………. Position: .....................................................;

With the witness of:⁴

1. Mr./Ms.:……..........………………… qualification/position: ....................................

Address of permanent residence (temporary residence): .........................................

ID No.: ………………….. date of issuance: ..............................................................;

Place of issuance: ....................................................................................................;

2. Mr./Ms.:.........……………………… qualification/position: .....................................

Address of permanent residence (temporary residence): .........................................

ID No.: ………………….. date of issuance: ..............................................................;

Place of issuance: .....................................................................................................;

Conducting to make minute of administrative violation on economical and efficient use of energy for:

Mr.(Ms.)/organization ⁵: ………..………………… qualification /field of activity: ........;

Address: .....................................................................................................................

ID Number/Decision of Establishment or Certificate of Business Registration: .........

Date of issuance …………….. at................................................................................;

Committed administrative violations as follows ⁶: .......................................................

The above violations breached Article … clause … point ………. of Decree No.73/2011/ND-CP dated August 24, 2011 of the Government defining the sanction of administrative violations on economical and efficient use of energy.

Damaged person/Damaged organization (if any)⁷:

Full name/name of organization: ................................................................................;

Address: .....................................................................................................................

ID Number/Decision of Establishment or Certificate of Business Registration: .........

Date of issuance …………….. at ...............................................................................;

Opinions of administration violator/representative of administration violating organization:....................................................

Opinions of eyes witness: ..........................................................................................

Opinions of representative of the damaged organization caused by administration violation (if any):.................................................................................................................

Competent person required Mr.(Ms.)/organization to terminate immediately the violation.

The measures to prevent administrative violation applied including: .........................

Acts against persons who are on duties (if any)⁸:

We temporarily seize (if any) material evidence, means, equipment of administrative violation and following papers to transfer to: ……………………………..for the competent authority to settle.

No.	Name of material evidence, means, equipment, papers seized	Number	Types, label, origin, state ⁹	Note¹⁰

Apart from the above material evidence, means, equipment, papers, we do not temporarily seize other things.

Require Mr. (Ms.)/representative of the violating organization to present at ¹¹ … ….. hour ….. date ….. month ….. year ….. for settling the violation.

This minute is made into ……………copies with the same contents and validity, and delivered to the violator/representative of the violating organization one copy and ............................................................................ ¹²

After reading the minute, those who present agree on the contents of the minute, without any other comments and sign together into the minute or other comments as follows: .................................................................................................

Other additional opinions (if any)¹³:

This minute consists of ….. pages, signed together to certify into each page by those who present.

PERSON/REPRESENTATIVE OF THE VIOLATING ORGANIZATION
(Sign, state clearly full name)

PERSON/REPRESENTATIVE OF THE DAMAGED ORGANIZATION
(Sign, state clearly full name)

EYE WITNESS
(Sign, state clearly full name)

REPRESENSATIVE OF AUTHORITIES (IF ANY)
(Sign, state clearly full name)

PREPARED BY
(Sign, state clearly full name)

PERSON WHO IS COMPETENT TO SANCTION ADMINISTRATIVE VIOLATION
(Sign, state clearly full name)

Reason which violator, representative of the violating organization does not sign into the minute ¹⁵: ………………......................

Reason which damaged person, representative of the damaged organization does not sign into the minute ¹⁶: .................................

____________

¹ If the minutes made by the Chairmen of the People's Committees at all levels, it only state the People's Committees of provinces and cities under central government ....; of districts, towns and provincial cities ...; communes, wards and townships ... without including the governing agencies; if the minutes made by the examination, inspection team members, it shall write the name of the agency establishing the examination, inspection team.

² State the provincial-level administrative place name.

³ State clearly name and position of the minute maker.

⁴ State full name of eyes witness. If having representative of authority, it must state clearly full name and position.

⁵ If it is an organization, it must state clearly full name and position of representative of the violating organization.

⁶ State specifically hour, date, month, year, place of the violation; describe the act of violation.

⁷ If it is an organization, it must state full name and position of representative of the damaged organization.

⁸Describe specifically the specific act.

⁹ If it is a vehicle, state further number of registration.

¹⁰ Clearly state the sealing status of material evidence, means and equipment, if it is sealed, the seal must be signed by the violator (or representative of violating organization), witnessed by representative of family, representative of organization or government representative, if there are not these persons, it must state clearly the witness of Mr. (Ms.) …

¹¹ Clearly state address of head office where the violating individual, organization must present.

¹² State specifically persons, organizations to be delivered minute.

¹³ Those who have different opinions on the content of minute must self-write their opinions, reasons of other comments, sign and write full names.

¹⁴ If the minute maker is not competent to sanction, his/her head is the person who is competent to sanction shall sign the minute.

¹⁵ The minute maker must state clearly the reason these people refused to sign the minute.

¹⁶ The minute maker must state clearly the reason these people refused to sign the minutes.

Form of minute No.02

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING MINUTE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /BB-TGTVPT	A² ………., date … month … year ….

MINUTE

Temporary seizure of material evidence, means, equipment of administrative violation on economical and efficient use of energy

Pursuant to Article 45, Article 46 of the Ordinance on Handling of Administrative Violations dated July 02, 2002 and the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Pursuant to Article... ... ... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy³;

Pursuant to the decision on temporary seizure of vehicles, equipment of administrative violations No. ………date … month … year …….. signed by ⁴ …........… position ...........;

For basis of further clarification of administrative violations/or immediately stop acts of administrative violations,

Today, at … hour … date … month … year …………… at .....................................

We are⁵:

1. Mr./Ms.: ………………………………. Position: ....................................................;

2. Mr./Ms.: ………………………………. Position: ...................................................

Administrative violator is:

Mr. (Ms.)/organization⁶: ...........................................................................................

Qualification (field of activity): .................................................................................

Address: .................................................................................................................

ID No./Decision of Establishment or Certificate of Business Registration...............;

Date of issuance …………………….. by .................................................................;

With a witness of⁷:

1. Mr./Ms.: ……………………… qualification/position: .............................................

Address of permanent residence (temporary residence): .........................................

ID No.: …………………; Date of issuance: ...............................................................;

Place of issuance: .....................................................................................................

2. Mr./Ms.: ……………………… qualification/position: .............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: ................................................................;

Place of issuance: ......................................................................................................

To make minute of temporary seizure of material evidence, means, equipment of administrative violation on economical and efficient use of energy including: ..............................................................................

No.	Names of material evidence, facilities seized	Number	Types, label, origin, state of material evidence, facilities, equipment ⁸	Note⁹

Apart from the above material evidence, means, equipment, we do not temporarily seize other things.

This minute is made into 02 copies with the same contents and validity, one copy is delivered to the violator/representative of the violating organization.

This minute consists of …..Pages, signed to certify into each page by the violator/representative of the violating organization, eyes witness.

After reading the minute, those who present agree on the contents of the minute, without any other comments and sign together into the minute or other comments as follows:....................

Other additional opinions (if any)¹⁰: ............................................................................

VIOLATOR
(representative of the violating organization)
(Sign and full name)

PERSON WHO MAKES DECISION OF TEMPORARY SEIZURE
(Sign and full name)

EYES WITNESS
(Sign and full name)

MINUTE MAKER
(Sign and full name)

AUTHORITY’S REPRESENTATIVE
(Sign and full name)

____________

¹ If the minutes made by the Chairmen of the People's Committees at all levels, it only states the People's Committees of provinces and cities under central government ....; of districts, and provincial cities ...; communes,... without including the governing agencies.

² State the provincial-level administrative place name

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State full name, position of the signer of decision of temporary seizure of material evidence, means, equipment of administrative violation.

⁵ State full name, position of the minute maker.

⁶ If it is an organization, it must state clearly full name and position of representative of the violating organization.

⁷ State full name of eyes witness. If having representative of authority, it must state clearly full name and position.

⁸ If it is a vehicle, state number of registration.

⁹ Clearly state the sealing status of material evidence, means and equipment, if it is sealed, the seal must be signed by the violator, witnessed by representative of family, representative of organization or government representative, if there are not these persons, it must state clearly the witness of Mr. (Ms.) …

¹⁰ Those who have different opinions on the content of minute must self-write their opinions, reasons of other comments, sign and write full names.

Form of minute No.03

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING MINUTE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /BB-KPTVTDV	A² ………., date … month … year ….

MINUTE

Searching transportation means and objects according to administrative procedures

Pursuant to Article... ... ... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

Today, at … hour … date … month … year …………… at ......................................

We are⁴:

1. Mr./Ms.: ………………………………. Position: .....................................................;

2. Mr./Ms.: ………………………………. Position: .....................................................

With a witness of ⁵:

1. Mr./Ms.: ……………………… qualification/position: .............................................

Address of permanent residence (temporary residence): .........................................

ID No.: …………………; Date of issuance: ................................................................;

Place of issuance…….................................................................................................

2. Mr./Ms.: ……………………… qualification/position: ...............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: ................................................................;

Place of issuance: ......................................................................................................

To search means of transportation, objects as: ⁶ .......................................................

Due to have reasons to assume that the material evidence of administrative violation are hidden in these means of transportation, objects.

Owner of means of transportation, objects (or driver of means of transportation)⁷:

1. Mr./Ms.: ……………………… qualification/position: ...............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: .................................................................;

Place of issuance: ......................................................................................................

2. Mr/Ms.: ……………………… qualification/position: ...............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: .................................................................;

Place of issuance: .......................................................................................................

Scope of searching: ....................................................................................................

The material evidence of administrative violation is detected including:

No.	Name of material evidence facilities, equipment seized temporarily	Number	Types, label, origin, state	Note

The search of means of transportation (items) according to administrative procedures ends at …. hour ….. date …. month ….. year ………….

This minute is made into 02 copies with the same contents and validity, owner of means of transportation, objects/driver of means of transportation……… is delivered one copy.

This minute consists of ….. pages, signed to certify into each page by the violator/eyes witness, minute maker.

After reading the minute, those who present agree on the contents of the minute, without any other comments and sign together into the minute or other comments as follows: .......................

Other additional opinions (if any)⁸: ...................................................................................

	PERSON WHO MAKES DECISION OF SEARCHING (Sign and full name)
OWNER OF MEANS OF TRANSPORTATION, OBJECTS OR DRIVER OF MEANS OF TRANSPORTATION (Sign and full name)	PERSON WHO PARTICIPATES IN SEARCHING (Sign and full name)
EYES WITNESS (Sign and full name)	EYES WITNESS (Sign and full name)
MINUTE MAKER (Sign and full name)

____________

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State full name, position of the minute maker.

⁵ State full name of eyes witness. If having representative of authority, it must state clearly full name and position.

⁶ State clearly type of vehicle, objects, number place (for vehicle).

⁷ State clearly name of objects, vehicle owner, or driver of vehicle.

⁸ Those who have different opinions on the content of minute must self-write their opinions, reasons of other comments, sign and write full names.

Form of minute No.04

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING MINUTE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /BB-KNCGTVPT	A² ………., date … month … year ….

MINUTE

Searching the facility violating the regulations on economical and efficient use of energy, places where the material evidences, means, and equipment for administrative violations are hidden

Pursuant to Article 45, Article 49 of the Ordinance on Handling of Administrative Violations dated July 02, 2002 and the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Pursuant to Article... ... ... ... of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy³;

Pursuant to the decision on searching the facility violating the regulations on economical and efficient use of energy, places where the material evidences, means, and equipment for administrative violations are hidden No. ……….. date … month … year …….. Signed by ⁴ .........................................position……………..;

Today, at … hour … date … month … year …………… at.......................................

We are⁵:

1. Mr./Ms.: ………………………………. Position: .....................................................;

2. Mr./Ms.: ………………………………. Position: .....................................................

With a witness of ⁶:

1. Mr./Ms.: ……………………… qualification/position: ..............................................

Address of permanent residence (temporary residence): .........................................

ID No.: …………………; Date of issuance: ............................................................... ;

Place of issuance:......................................................................................................

2. Mr./Ms.: ……………………… qualification/position: ..............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: ................................................................;

Place of issuance: ......................................................................................................

To search means of transportation, objects as:⁷ ........................................................

Due to have grounds to assume that the material evidence of administrative violation are hidden in these means of transportation, objects.

Owner of means of transportation, objects (or driver of means of transportation)⁸:

1. Mr/Ms.: ……………………… qualification/position: ...............................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: .............................................................. ;

Place of issuance:......................................................................................................;

2. 1. Mr/Ms.: ……………………… qualification/position: ...........................................

Address of permanent residence (temporary residence): ..........................................

ID No.: …………………; Date of issuance: ................................................................ ;

Place of issuance: ...................................................................................................... ;

- To carry out the search ⁹: .........................................................................................

As the facility violating the regulations on economical and efficient use of energy (or places where the material evidences, means, and equipment for administrative violations are hidden and making minute on the search)

Owner of searched place is:¹⁰

Mr. (Ms.)/Organization¹¹: ........................................................................................... ;

Occupation (field of activity): ..................................................................................... ;

Address: ....................................................................................................................

ID No./Decision of Establishment or Certificate of Business Registration.................. ;

Date of issuance: …………………… at ..................................................................... ;

Describe the facility violating the regulations on economical and efficient use of energy.

Violation of provisions on economical and efficient use of energy¹²:

Current state of facilities, equipment using mainly energy:

Real state of using energy at the facilities: ..................................... (other details, if any).

Acts against persons on duties (if any)¹³: ...............................................................

After searching, we collect and keep the material evidences, means, and equipment for administrative violations, including:

No.	Names of material evidence, facilities seized	Number	Types, label, origin, state ¹⁴	Note¹⁵

Apart from the above material evidence, means, equipment, we do not temporarily seize other things.

The search ends at …. am/pm….. date …. month ….. year ………….

This minute is made into 02 copies with the same contents and validity, owner of the searched place is delivered one copy.

This minute consists of ….. pages, signed to certify into each page by the violator/representative of the violating organization, eyes witness, minute maker.

After reading the minute, those who present agree on the contents of the minute, without any other comments and sign together into the minute or other comments as follows: .......................

Other additional opinions (if any)¹⁶:

OWNER OF THE SERACHED PLACE OR MATURE MEMBER IN THE FAMILY
(Sign and full name)

PERSON WHO MAKES DECISION OF TEMPORARY SEIZURE
(Sign and full name)

MINUTE MAKER OF SEARCHING
(Sign and full name)

EYES WITNESS

REPRESENTATIVE OF AUTHORITY
(Sign and full name)

Reason which violator, representative of the violating organization does not sign into the minute¹⁷: .....................................

Reason which damaged person, representative of the damaged organization does not sign into the minute¹⁸: ..................................

____________

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State full name, position of the signer of the decision to search the place where material evidence, means, equipment of administrative violation are hidden.

⁵ State full name, position of the minute maker.

⁶ State full name of eyes witness. If having representative of authority, it must state clearly full name and position.

⁷ State clearly type of vehicle, objects, number place (for vehicle)

⁸ State clearly name of objects, vehicle owner, or driver of vehicle.

⁹ State clearly address of the place where is searched.

¹⁰ Specify the name of the manager or operator or head of violating facility, if these persons are absent; state the name of the deputy or the person directly operating the violating facility and equipment. If the owner of the searched place is absent, state the full name of the mature member in her/his family.

¹¹ If the searched place is of an organization, state full name, position of the organization’s representative.

¹² Describe the types, capacity, utility, type of raw materials, fuel of input and output.

¹³ Specify the acts.

¹⁴ If it has vehicle, state clearly the number plate.

¹⁵ Clearly state the sealing status of material evidence, facilities and equipment, if it is sealed, the seal must be signed by the violator, witnessed by representative of family, representative of organization or government representative, if there are not these persons, it must state clearly the witness of Mr. (Ms.) …

¹⁶ Those who have different opinions on the content of minute must self-write their opinions, reasons of other comments, sign and write full names.

¹⁷ The minute maker must state clearly the reasons that these people refuse to sign the minute.

¹⁸ The minute maker must state clearly the reasons that these people refuse to sign the minute.

Form of decision No.01

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-TGTVPT	A² ………., date … month … year ….

DECISION

On temporary seizure of material evidences, means, equipment of administrative violations

Pursuant to Article... ... ... ... of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

At ........................................................................................................................... ;⁴

I: ………………………⁵; Position: .......................................................................... ;

Unit ........................................................................................................................ ,

DECIDE:

Temporarily seize: ....................⁶(material evidences, means, equipment of administrative violations) of

Mr. (Ms.)/Organization⁷: ..........................................................................................

Occupation/field of activity: ...................................................................................... ;

Address: ..................................................................................................................

ID No./Decision of Establishment or Certificate of Business Registration.................;

Date of issuance …………….. at ..............................................................................;

Reason:

- Had administrative violations:⁸ ...............................................................................

Provided for in point……..clause………….Article... ... ... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ⁹.

Temporary seizure of material evidences, means, equipment of administrative violations is made minute (together with this Decision).

This Decision is sent to:

1. Mr. (Ms.)/Organization: ......................................................................for execution;

2. .............................................................................................................................¹⁰;

3. ................................................................................................................................

This Decision comprises ………….. pages, stamped joint pages.

DECISION MAKER
(Sign, full name)

Comments of head of person who makes decision of temporary seizure ¹¹: ....................

____________

¹ If the decisions of temporary seizure of material evidence, means, equipment made by the Chairmen of the People's Committees of communes, townships, state the People's Committees of communes, townships without including the governing agencies.

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State clearly the reasons for temporary seizure of material evidence, means, equipment of administrative violation as for verifying details as a basis for deciding on handling administrative violation or stopping immediately the violation. If those who temporarily seized are not the competent one as prescribed in Article 45 of the Ordinance on Handling of Administrative Violation, it must state clearly further bases to prove that if the temporary seizure is not conducted immediately, material evidence, means, equipment of administrative violation may be dispersed, destroyed.

⁵ State full name of person making the decision of the temporary seizure.

⁶ State clearly material evidence, facilities, and equipment; describe in details types, basic technical features of facilities, material evidence temporarily seized.

⁷ If it is an organization, state full name, position of the representative of the violating organization.

⁸ If there are many acts, specify each violation.

⁹ Specify each term and condition, fine level of Decree defining administrative violation sanction on economical and efficient use of energy (according to Note No.3) that individual, organization violates.

¹⁰ In case person who makes decision on temporary seizure of material evidence, facilities, and equipment of administrative violation is not the one who is competent as defined in Article 45 of the Ordinance on Handling of Administrative Violation, this Decision must be sent for reporting to the head of the one who makes decision on temporary seizure.

¹¹ The head of the one who makes decision on temporary seizure (person who makes decision on temporary seizure is not competent as defined in Article 45 of the Ordinance) has comment on the temporary seizure, agreement, or disagreement.

Form of decision No.02

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-KNCGTVPT	A² ………., date … month … year ….

DECISION

On searching the establishments violating regulations on economical and efficient use of energy, places where the material evidences, means, and equipment for administrative violations are hidden

Pursuant to Article... ... ... ... of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

At ...........................................................................................................................;⁴

I: ………………………⁵; Position: ..........................................................................;

Unit.........................................................................................................................,

DECIDE:

To search:⁶

Owner of the place being searched is: Mr. (Ms.)/Representative of organization:⁷

Occupation/field of activity: ……………………….; Address: .....................................;

ID No./Decision of Establishment or Certificate of Business Registration.................;

Date of issuance …………….. at ..............................................................................;

Reason: .............................................. ;

(The search of facilities violating provisions on economical and efficient use of energy, the places where material evidences, means, equipment of administrative violations are hidden is made minute (together with this Decision).

This Decision is ..........................................................................................................;

1. Delivered to: Mr. (Ms.)/Representative of organization: .................... for execution;

2. Sent to ................................................................................................................. ⁸;

3. ............................................................................................................................... ;

This Decision comprises ………….. pages, stamped joint pages.

DECISION MAKER
(Sign, full name)

Agreement comments of presidents of district-level People’s Committees before searching the places where material evidences, means, equipment of administrative violations are hidden as residence: ...................................................................................

____________

¹ If the decisions of searching violating establishments or the places where the material evidences, means, and equipment for administrative violations made by the Chairmen of the People's Committees of communes, townships, state the People's Committees of communes, townships without including the governing agencies.

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ Specify grounds considered that the material evidences, means, and equipment for administrative violations are hidden in the searched place.

⁵ Full name of person making the decision of searching the place where the material evidences, means, and equipment for administrative violations are hidden.

⁶ State clearly the place being searched;

⁷ If there is owner of the place being searched, state clearly the mature member in his/her family…

⁸ In case person who makes decision on temporary seizure of material evidence, facilities, and equipment of administrative violation is not the one who is competent as defined in Article 45 of the Ordinance on Handling of Administrative Violation, this Decision must be sent for reporting to the head of the one who makes decision on temporary seizure.

Form of decision No.03

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-XPHC	A² ………., date … month … year ….

DECISION

On sanction of administrative violations in the form of warning on economical and efficient use of energy by simple procedures

Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002 and the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Pursuant to Article... ... ... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

At the administrative violation made by....................................................................;

I: ………………………⁴; Position: ............................................................................;

Unit...........................................................................................................................,

DECIDE:

Article 1. Impose a warning for:

Mr. (Ms.)/Organization⁵: .............................................................................................

Occupation/field of activity: ……………………….; Address: ......................................;

ID No./Decision of Establishment or Certificate of Business Registration................. ;

Date of issuance …………….. at ...............................................................................;

Reason

- Had administrative violations:⁶ .................................................................................

The details relating to handling of the violation case:

Article 2. This Decision takes effect from the signing date.

This Decision is sent to:

1. Mr. (Ms.)/Organization⁸: ......................................................................... for execution;

2. .......................................................................................................................................;

This Decision comprises ………….. pages, stamped joint pages.

DECISION MAKER
(Sign, full name)

____________

¹ If the decisions of handling for administrative violations made by the Chairmen of the People's Committees of communes, townships, state the People's Committees of communes, townships without including the governing agencies.

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ Sate full name of person making the decision of sanction.

⁵ If it is an organization, state full name, position of the representative of the violating organization.

⁶ If there are many acts, specify each violation.

⁷ Specify each term and condition, fine level of Decree defining administrative violation sanction on economical and efficient use of energy (according to Note No.3) that individual, organization violates.

⁸ If it is an organization, state full name, position of the representative of the violating organization.

Form of decision No.04

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-XPHC	A² ………., date … month … year ….

DECISION

On sanction of administrative violations in the form of imposing a fine on economical and efficient use of energy by simple procedures

Pursuant to Article... ... ... ... of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

At the violation made by..............................................................................;

I: ………………………⁴; Position: ............................................................................. ;

Unit............................................................................................................................ ,

DECIDE:

Article 1. Sanction administrative violation by simple procedures for:

Mr. (Ms.)/Organization⁶: ............................................................................................

Occupation/field of activity: ……………………….; Address: .....................................;

ID No./Decision of Establishment or Certificate of Business Registration..................;

Date of issuance …………….. at ...............................................................................;

In the form of fine with a fine level is:……………………………………………… .VND

(In words .....................................................................................................................)

Reason:

- Had administrative violations:⁷ ........................................................................................

The act of Mr. (Ms.)/Organization violated provisions in point……..clause…….Article... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ⁷.

The details relating to handling of the violation case⁸:........................................................

Article 2. Mr. (Ms.)/Organization………………… must execute seriously the Decision to sanction within 10 days, from the date of Decision delivery on date ….. month ….. year ….. except for …………….. ⁹. Beyond this time limit, if Mr. (Ms.)/Organization ………………… intentionally fail to execute the Decision to sanction, shall be enforced to execute.

The fine provided for in Article 1 must be paid immediately to the person making decision to sanction and received a receipt or at the place to collect fine No. ……….. of the State Treasury …….¹⁰within 10 days, from the date of Decision delivery.

Mr. (Ms.)/Organization ……………………..has the right to complaint, sue for this Decision to sanction administrative violation as prescribed by.

Article 3. This Decision takes effect from the signing date.

This Decision is sent to:

1. Mr. (Ms.)/Organization⁸: .................................................................. for execution;

2. State Treasury ........................................................................for collection of fine;

3………………………………………………………………………………………..

This Decision comprises ………….. pages, stamped joint pages.

DECISION MAKER
(Sign, full name and seal)

___________

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State full name, person/the representative of the violating organization.

⁵ State full name of person making the decision of sanction.

⁶ If it is an organization, state full name, position of the representative of the violating organization.

⁷ If there are many acts, specify each violation.

⁸ Specify each term and condition, fine level of Decree defining administrative violation sanction on economical and efficient use of energy (according to Note No.3) that individual, organization violates.

⁹ State clearly the reason.

¹⁰ State clearly name and address of State Treasury.

Form of decision No.05

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No: /QD-XPHC	A² ………., date … month … year ….

DECISION

On sanction of administrative violations on economical and efficient use of energy

Pursuant to Article... ... ... ...of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ³;

Pursuant to the administrative violation minute made by ⁴………………. at …… hour ……. date ….. month ….. year …….. at……………………..;

I: ………………………⁴; Position: .............................................................................;

Unit............................................................................................................................,

DECIDE:

Article 1. Sanction administrative violation for:

Mr. (Ms.)/Organization⁶: .............................................................................................

Occupation/field of activity: ……………………….; Address: ......................................;

ID No./Decision of Establishment or Certificate of Business Registration.................. ;

Date of issuance …………….. at ............................................................................... ;

With the following forms:

1. The main form of sanction:

A warning/fine with the fine level is: ……………… VND (In words ............................).

2. Additional form (if any):

a) Strip the right to use license, certificate of practice: ...............................................

b) Confiscate material evidence, means, equipment used for administrative violation including: ..................

3. The remedies and time limit to conduct them (if any):

Reason:

Had administrative violations:⁷ ....................................................................................

The details relating to handling of the violation case....................................................

Article 2. Mr. (Ms.)/Organization………………… must execute seriously the Decision to sanction within 10 days, from the date of Decision delivery on date ….. month ….. year …..except for being delayed the execution or…………….. ⁹. Beyond this time limit, if Mr. (Ms.)/Organization ………………… intentionally fail to execute the Decision to sanction, shall be enforced to execute.

The fine provided for in Article 1 must be paid into the account No. ……….. of the State Treasury ……..¹⁰within 10 days, from the date of Decision delivery.

Mr. (Ms.)/Organization……………………..has the right to complaint, sue for this Decision to sanction administrative violation as prescribed by law.

sanction administrative violation as prescribed by.

Article 3. This Decision takes effect from date…………month………..year…………..¹¹

Within 3 days, this Decision is sent to:

1. Mr. (Ms.)/Organization⁸: ................................................................. for execution;

2. State Treasury ......................................................................for collection of fine;

3………………………………………………………………………………………..

This Decision comprises ………….. pages, stamped joint pages.

DECISION MAKER
(Sign, full name and seal)

___________

² State the provincial-level administrative place name.

³ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁴ State full name, position of the minute maker.

⁵ State full name of person making the decision of sanction.

⁶ If it is an organization, state full name, position of the representative of the violating organization.

⁷ If there are many acts, specify each violation.

⁹ State clearly the reason.

¹⁰ State clearly name and address of State Treasury.

¹¹ The date of signing Decision or date the person who is competent to sanction decides.

Form of decision No.06

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-CC	A² ………., date … month … year ….

DECISION

On enforcing the decision to sanction administrative violations on economical and efficient use of energy

Pursuant to Article 66 of the Ordinance on Handling of Administrative Violations dated July 02, 2002 and the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

To ensure the execution of Decision to sanction administrative violations No. …………… date ….. month …..year ….. of

I: ………………………³; Position: ............................................................................ ;

Unit........................................................................................................................... ,

DECIDE:

Article 1. Apply the coercive measures to execute the Decision to sanction administrative Decision No. ……. date ….. month ….. of ….. on ....................................

for .............................................................................................................................

Mr. (Ms.)/Organization⁴: ...........................................................................................

Occupation/field of activity: ……………………….; Address: ....................................;

ID No./Decision of Establishment or Certificate of Business Registration................;

Date of issuance …………….. at .............................................................................;

* Coercive measures:⁵

Article 2. Mr. (Ms.)/Organization ………………… must execute seriously the Decision and bear all expenses on the organization to implement coercive measures.

Article 3. This Decision takes effect on …..

This Decision comprises ………….. pages, stamped joint pages.

This Decision is delivered to Mr. (Ms.)/Organization ........................ for execution.

This Decision is sent to:

1. ……………………………………. for ................................................................ ⁶

2. ……………………………………. for ................................................................ ⁷

DECISION MAKER
(Sign, full name and seal)

____________

¹ If the decisions of enforcing the execution the decisions to sanction administrative violations made by the Chairmen of the People's Committees of communes, townships, state the People's Committees of communes, townships without including the governing agencies.

² State the provincial-level administrative place name.

³ State full name, position of person making the decision of enforcement.

⁴ If it is an organization, state full name, position of the representative of the violating organization.

⁵ Specify the coercive measure, amount of enforcement, or the remedies required to implement.

⁸ If coercive measures are withholding of wages or a part of income, withholding money from a bank account, the decision shall be sent to the agency or organization, individual working or bank to coordinate implementation.

⁷ If the coercive measures are property distraint or other coercive measures to carry out the confiscation of material evidences, means, equipment used for administrative violations, forced to restore the original state has been changed due to administrative violations or forced to dismantle the work illegally constructed, forced to perform the measures to overcome the environmental pollution, the spread of disease, forced to send out of the territory of Vietnam, re-export goods, items, vehicles, forced to destroy articles harmful to human health, animals and plants, harmful cultural products, the decision shall be sent to the President of the People's Committee of commune where the coercion is made to coordinate implementation.

Form of decision No.07

NAME OF THE GOVERNING AGENCY¹ NAME OF AGENCY MAKING DECISION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /QD-KPHQ	A² ………., date … month … year ….

DECISION

On applying remedies caused by administrative violations in the case of not applying the sanction on economical and efficient use of energy

Pursuant to Article ………… ³ of the Ordinance on Handling of Administrative Violations dated July 02, 2002 and Article ………… of the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Pursuant to Article... ... ... ... of Decree No.73/2011/ND-CP of August 24, 2011 of the Government defining the sanction of administrative violation on economical and efficient use of energy ⁴;

Because ………………………. ⁵ so not applying the sanction of administrative violation;

To overcome thoroughly consequence caused by administrative violation,

I: ………………………³; Position: ............................................................................;

Unit...........................................................................................................................,

DECIDE:

Article 1. Apply the measure to overcome consequence caused by administrative violation for Mr. (Ms.)/Organization ⁷: ………………………………………………………….

Occupation/field of activity: ……………………….; Address: ...................................;

ID No./Decision of Establishment or Certificate of Business Registration................;

Date of issuance …………….. at ............................................................................ ;

Reason:………………………………………………………

Had administrative violations:⁸ ..................................................................................

The details relating to handling of the violation case.................................................

Reason for not sanctioning administrative violation: ................................................

Consequence needs to recover is: ...........................................................................

The remedy is: ..........................................................................................................

Article 2. Mr. (Ms.)/Organization………………… must execute seriously this Decision 10 days, from the date of Decision delivery on date ….. month ….. year …..except for …………….. ¹⁰. Beyond this time limit, if Mr. (Ms.)/Organization ………………… intentionally fail to execute the Decision, shall be enforced to execute.

Mr. (Ms.)/Organization ……………………..has the right to complaint, sue for this Decision as prescribed by law.

Article 3. This Decision takes effect on ….. ¹¹

This Decision comprises ………….. pages, stamped joint pages.

Within 3 days, this Decision is delivered to

1. Mr. (Ms.)/Organization ...................................................................for execution.

1. …………………………………….for.....................................................................

2. …………………………………….for......................................................................

DECISION MAKER
(Sign, full name and seal)

____________

¹ If the decisions on applying the remedies made by the Chairmen of the People's Committees of communes, townships, state the People's Committees of communes, townships without including the governing agencies.

² State the provincial-level administrative place name.

³ If the decision to overcome consequence in the case of expiry, then based on Article 10, if in case of expiry of making the sanction decision, based on Article 56 of the Ordinance on Handling of Administrative Violations.

⁴ Specify terms and conditions of Decree defining administrative violation sanction on economical and efficient use of energy.

⁵ State clearly the reason of not sanctioning.

⁸ State full name, position of person making the decision of sanction;

⁷ If it is an organization, state full name, position of the representative of the violating organization.

⁸ If there are many acts, specify each violation.

¹⁰ State clearly the reason.

¹¹ The date of signing Decision or date the competent person decides.

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Thuộc tính Văn bản pháp luật 73/2011/ND-CP
Loại văn bản	Nghị định
Số hiệu	73/2011/ND-CP
Cơ quan ban hành	Chính phủ
Người ký	Nguyễn Tấn Dũng
Ngày ban hành	24/08/2011
Ngày hiệu lực	15/10/2011
Ngày công báo	...
Số công báo
Lĩnh vực	Tài nguyên - Môi trường, Vi phạm hành chính
Tình trạng hiệu lực	Hết hiệu lực 01/12/2013
Cập nhật	7 năm trước
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Số hiệu	73/2011/ND-CP
Cơ quan ban hành	Chính phủ
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Ngày hiệu lực	15/10/2011
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