Nghị định 90/2009/ND-CP

Decree No. 90/2009/ND-CP of October 20, 2009, providing for sanctions against administrative violations in chemical operation

Decree No. 90/2009/ND-CP sanctions against administrative violations in chemical đã được thay thế bởi Decree No. 163/2013/NĐ-CP administrative violations pertaining to chemicals fertilizers industrial explosives và được áp dụng kể từ ngày 31/12/2013.

Nội dung toàn văn Decree No. 90/2009/ND-CP sanctions against administrative violations in chemical


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
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No. 90/2009/ND-CP

Hanoi, October 20, 2009

 

DECREE

PROVIDING FOR SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN CHEMICAL OPERATION

GOVERNMENT

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

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the 2002 Ordinance on Handling administrative violations and the 2008 Ordinance on amending and supplementing a number of articles of the the Ordinance on Handling administrative violations;

At the proposal of the Minister of Industry and Trade,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for sanctions against administrative violations in chemical operation, including:

a) Violations of regulations on chemical production and business;

b) Violations of regulations on dangerous chemical transport;

c) Violations of regulations on storage and preservation of dangerous chemicals in chemical production and business;

d) Violations of regulations on safe distance applicable to the facilities of dangerous chemical production and business;

dd) Violations of regulations on export, import, temporary import for re-export, transport of transit chemicals

e) Violations of regulations on treating, eliminating chemical residues, waste and instruments containing chemicals;

g) Violations of regulations on chemical advertisement;

h) Violations of regulations on classification and labelling of chemicals;

i) Violations of regulations on packaging of chemicals;

k) Violations of regulations on the chemical safety slip;

l) Violations of regulations on using chemicals for laboratory and science research;

m) Violations of regulations on storage and preservation of dangerous chemicals during chemical production and business;

n) Violations of regulations on handling of chemicals that are eliminated during use.

o) Violations of regulations on elaborating preventive measures, plans for preventing and responding chemical incidents

p) Violations of regulations on the chemical declaration;

q) Violations of regulations on registration of new chemicals;

r) Violations of regulations on conditions for persons involving the dangerous chemical activities;

s) Violations of regulations on protecting areas involving dangerous chemical operation;

t) Violations of regulations on provision and keeping in secret of chemical information;

u) Violations of regulations on production, import and use reportsof chemicals in List of prohibited chemicals.

2. Acts of administrative violations in industrial explosive management, scheduled chemical managgement under the Government’s Decree No. 100/2005/ND-CP dated August 03, 2005 on the implementation of the Convention of the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, and radioactive materials are not subject to the governing scope of this Decree.

3. Acts of administrative violations in chemical operation that are not directly provided in this Decree shall comply with other relevant Government’s Decrees on handling administrative violations in state management.

Article 2. Subjects of application

1. Vietnamese organizations and individuals that conduct acts of administrative violations specified in this Decree.

2. Foreign organizations and individuals that conduct acts of administrative violations specified in this Decree on Vietnam’s territory; except for case of international treaties to which the Vietnam is a contracting party otherwise provides.

3. Minors conducting acts of administrative violations specified in this Decree shall be sanctiones according to provisions at the 2002 Ordinance of handling administrative violations.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Chemical production means the process of manufacturing chemicals.

2. The chemical use means the course of bringing chemicals into actual use so as to reach a definite purpose in economic activities (production, construction, basic survey, training, researching science, and so on) according to a defined technological process.

3. Chemical purchase and provision means the process of performing contracts of chemical purchase and transport.

4. The chemical preservation means the course of storing the chemicals in warehouses, barrels and tanks specialized in containing chemicals at the storing locations.

5. Research for experimental chemical preparation means the process of manufacturing new chemical products. Research for experimental preparation may include whole process of manufacturing product or only one of steps of process so as to define components, technological process, equipment chains, and so on.

Article 4. Provision on sanctioning administrative violations

Sanction principles, mitigating or aggravating circumstances; statute of limitations and time limit for sanction; time limit for being considered not yet administratively sanctioned; method for calculation of time limit and statute of limitations; appliction of forms of sanctioning administrative violations and remedial measures; responsibilities of competent persons in sanctioning administrative violations shall comply with provisions of the 2002 Ordinance on handling administrative violations and the 2008 Ordinance on amending and supplementing a number of articles of the Ordinance on handling administrative violations.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND LEVELS OF SANCTION

Article 5. Violations of regulations on chemical production and business

1. A fine of between VND 3,000,000 to VND 5,000,000 for organizations and individuals that conduct one of the following acts:

a) To let raw materials or chemical products in excess of allowed backlog at production areas;

b) System of records, forms used for quality examination of chemical products are not available or incorrect with regulation.

2. A fine of between VND 5,000,000 to VND 10,000,000 for organizations and individuals that conduct one of the following acts:

a) Putting facility of chemical production into operation without testing for acceptance, handing over and not yet being confirmed of eligibility for chemical production by competent state agencies;

b) Failing to overcome, supplement conditions of allowing production as requested by competent state agencies but already conducted chemical production;

c) Failing to have or letting the regulation, production process, process on operating equipment at production positions as prescribed be damaged;

d) System of lightning conductors and earthing devices fails to meet requirement as prescribed;

dd) Cutting out or damaging equipment, safe structure equiped together with equipment for chemical production;

e.Letting employees to violate the regulations on safety in prevention against fire, explosion and poisons at the production areas.

3. A fine of between VND 10,000,000 to VND 20,000,000 for organizations and individuals that conduct one of the following acts:

a) Production and business of chemicals that are not in list of chemicals prescribed by competent state agencies;

b) Using raw materials for chemical production and business without clear origins;

c) Production and business not correct with type of chemical products already registered and allowed to put into production and use;

d) Failing to implement or failing to regularly maintain the quality examination of chemical products;

4. A fine of between VND 30,000,000 to VND 40,000,000 for organizations and individuals that conduct one of the following acts:

a) Organizing the chemical production and business when not yet been granted permit for chemical production and business;

b) Repairing, changing structure of factory part that violate requirements on shielding and protecting inside of factories or violating requirements on the urgent exit, ability of bearing and fire resistance of works, or violating the standards on labor environment hygiene.

5. Additional forms of sanction

Confiscating exhibits of violations for violations in point b clause 3 of this Article.

6. Remedial measures

a) Forcible restoration of the initial state that already been changed due to administrative violations for acts specified in point b clause 4 of this Article;

b) Forcible remedy of the unsafe status due to administrative violations for acts specified in point dd clause 2 of this Article;

c) Forcing to ask for permission of state agencies competent to grant permit for chemical production and business as prescribed at point a clause 4 of this Article.

Article 6. Violations of regulations on dangerous chemical transport

Organizations and individuals violate regulations on dangerous chemical transport will be sanctioned administrative violation in accordance with current regulations on dangerous goods transport in road transportation and inland waterway transportation.

Article 7. Violations of regulations on storage and preservation of dangerous chemicals during production and business

1. A fine of between VND 500,000 and VND 1,000,000 for organizations and individuals conduct acts of failing to arrange separate warehouse or failing to equip means for allocating dangerous chemicals at the consumption warehouse.

2. A fine of between VND 1,000,000 to VND 3,000,000 for organizations and individuals that conduct one of the following acts:

a) Implementing incorrectly with regime of making statistics and reporting, incorrectly with procedures for ex-warehousing and warehousing dangerous chemicals;

b) Failing to implement regime of examining statistic books, reports on export and import of dangerous chemicals;

c) Failing to set up notice boards, signs warning danger at areas of preserving dangerous chemicals as prescribed.

3. A fine of between VND 3,000,000 to VND 5,000,000 for organizations and individuals that conduct one of the following acts:

a) Preserving dangerous chemicals in excess of the preservation scale of warehouse as prescribed;

b) Preserving dangerous chemicals under various groups in a same space of warehouse while not yet had sufficient safety conditions as prescribed;

c) Failing to seal, lock the warehouse’s doors as prescribed.

4. A fine of between VND 5,000,000 to VND 10,000,000 for organizations and individuals that conduct one of the following acts:

a) Gathering, loading and unloading or preserving dangerous chemicals at places not yet had permission of competent state agencies;

b) Preserving dangerous chemicals at warehouses of which design have not yet been approved by competent state agencies or which have not yet tested for acceptance, handed over and approved by competent state agencies;

c) The communication system is equipped insufficiently or not be repaired timely as prescribed;

d) Failing to build or failing to repair timely fence of warehouse preserving dangerous chemicals;

dd) Failing to maintain and repairing timely the safeguarding-warehouse stations;

e) Failing to repair timely defects of the power system, lighting system;

g) Failing to repair timely defects of warehouse structure, the shielding and protecting walls;

h) Failing to repair or failing to implement the regime of periodical examination, testing measure for the system of of lightning conductors and earthing devices;

i) Failing to implement the handling of expired chemicals, bad-quality chemicals;

k) Acts of administrative violations about process of chemical preservation for national reserve; violations of regulations on keeping chemicals in secret related to national reserve shall be applied according to provisions in the Government’s Decree No. 25/2007/ND-CP dated February 15, 2007, on sanctioning administrative violations in national reserve.

5. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals conducting acts of expansion, renovation of chemical preservation warehouse areas violating safe distance, violating safe requirements on prevention against fire, explosion and poison, prevention and fighting against flood, storm, the urgent exit.

6. A fine of between VND 30,000,000 and VND 40,000,000 for organizations, individuals conducting one of acts of failing to build the shielding walls or the shielding walls did not meet specification because the safe distance has not yet ensured as prescribed.

7. A fine of between VND 60,000,000 and VND 70,000,000 for organizations and individuals conducting act of stealing dangerous chemicals at preservation warehouse of dangerous chemicals.

If act of stealing dangerous chemicals is considered to have signs of crime, dossier must be transfer to competent criminal procedure agencies for criminal prosecution

8. Remedial measures

Forcible restoration of the initial state that already been changed due to administrative violations for acts specified in clause 5, clause 6 of this Article;

Article 8. Violations of regulations on safe distance applicable to the facilities of dangerous chemical production and business

1. A fine of between VND 500,000 to VND 1,000,000 for organizations and individuals that conduct one of the following acts:

a) Being out and in, gathering in scope of dangerous area or safety belt without permission;

b) Grazing cattle or growing plant in scope of safe belt.

2. A fine of between VND 1,000,000 and VND 5,000,000 for organizations and individuals that conduct act of burning fire or discharging flammable substances, waste, corrosives, poisons into the area of safe belt.

3. A fine of between VND 5,000,000 and VND 10,000,000 for organizations and individuals that conduct act of moving the mark pillars of safe belt or move the types of notice boards for dangerous area symbol.

4. A fine of between VND 15,000,000 to VND 25,000,000 for organizations and individuals that conduct one of the following acts:

a) Failing to have distance for preventing poison, fire or failing to clean up flammable trees in area of safe belt;

b) Destroying or damaging the protecting fence, safe shielding wall of preservation warehouse area of dangerous chemicals.

5. A fine of between VND 30,000,000 to VND 40,000,000 for organizations and individuals that conduct one of the following acts:

a) Expanding ground of production areas violating conditions on safe distance for adjacent works and residential areas;

b) Having no the outside shielding wall or structure of outside shielding wall does not meet requirement because the safe distance has not yet been ensured as prescribed.

6. A fine of between VND 50,000,000 to VND 60,000,000 for organizations and individuals that conduct act of encroaching land, works construction in the scope of safe belt.

7. Additional forms of sanction

Confiscating exhibits, means of violations for violations specified in point b clause 1 of this Article.

8. Remedial measures

Forcible dismantlement of construction works for acts specified in point a clause 5 of this Article and acts of the outside shielding wall structure failed to meet requirement because the safe distance has not yet ensured as prescribed in point b clause 5 of this Article.

Article 9. Violations of regulations on export, import, temporary import for re-export, transport of transit chemicals

1. A fine of between VND 1,000,000 to VND 3,000,000 for organizations and individuals that conduct one of the following acts:

a) Export, import, temporary import for re-export, transport of transit chemicals inproperly with kinds, quantity inscribed in contracts;

b) Declaring wrongly the respective quality standards and technical standards of chemicals that are exported, imported, temporarily imported for re-export, transported for transit in serve for the comparison of customs agencies when doing customs procedures.

2. A fine of between VND 3,000,000 to VND 5,000,000 for organizations and individuals that conduct one of the following acts:

a) Export, import, temporary import for re-export, transport of transit chemicals, that must have permission, is improper with kinds, quantity as provided in permits;

b) Deliberately repeat act of wrongly declaring the respective quality standards and technical standards of chemicals that are exported, imported, temporarily imported for re-export, transported for transit in serve for the examination and comparison of customs agencies when doing customs procedures.

3. A fine of between VND 10,000,000 to VND 20,000,000 for organizations and individuals that conduct one of the following acts:

a) Using affiliated units not named in the business permit so as to do business in export, import, temporary import for re-export, transport of transit of dangerous chemicals;

b) Signing contracts of or selling import dangerous chemicals for organizations, individuals using dangerous chemicals of which dangerous chemical use have been suspended, temporarily suspended under decisions already issued by competent state management agencies;

c) Buying dangerous chemicals of organizations, individuals that are not allowed to do business in export and import of dangerous chemicals.

4. A fine of between VND 30,000,000 and VND 40,000,000 for organizations and individuals conducting acts of export, import, temporary import for re-export, transport of transit of dangerous chemicals when competent state agencies have not yet allowed export, import, temporary import for re-export, transport of transit.

5. Remedial measures

a) Forcibly declaring correctly the respective quality standards and technical standards of chemicals that are exported, imported, temporarily imported for re-export, transported for transit specified in point b clause 1 and clause 2 of this Article for customs agencies to examine, compare when doing the customs procedures;

b) Forcibly bringing out Vietnam’s territory or forcibly re-exporting the material evidences from acts of import violations specified in clause 4 of this Article.

Article 10. Violations of regulations on treating, discharging chemical residues, waste and instruments containing chemicals

1. A fine of between VND 25,000,000 and VND 35,000,000 for organizations, individuals treating, eliminating chemical residues, waster and instruments containing chemicals incompletely as prescribed by law on environmental protection.

2. A fine of between VND 50,000,000 and VND 60,000,000 for organizations, individuals who fail to implement or implement inadequately the treatment, elimination of chemical residues, waster and instruments containing chemicals as prescribed by law on environmental protection.

3. For violations of regulations on treating, eliminating chemical residues, waster and instruments containing chemicals, if they influence badly to other useful organisms and cause ecological environment pollution, they will be sanctioned administratively in field of plant quarantine and protection.

4. Additional forms of sanctions

Depriving the right to use of permits involving chemical activities.

5. Remedial measures

Forcing to implement the treatment and elimination of chemical residues, waster and instruments containing chemicals as prescribed by law on environmental protection.

Article 11. Violations of regulations on chemical advertisement

Violations of chemical advertisement shall comply with provisions of the Government’s Decree No. 56/2006/ND-CP dated June 06, 2006, on sanctioning administrative violations in information and culture operation.

Article 12. Violations of regulations on classification and labelling of chemicals

1. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals who fail to implement classification and labelling of chemicals as prescribed in Article 27 of the Law on chemicals.

2. Remedial measures

Forcing to remedy additional classification and labelling of chemicals in accordance with regulations on classification and labelling of goods being chemicals

Article 13. Violations of regulations on chemical packaging

1. A fine of between VND 1,000,000 and VND 5,000,000 for organizations and individuals not abiding with technical regulations on packing chemicals that are stipulated by agencies competent to management in fields, sectors.

2. A fine of between VND 5,000,000 and VND 10,000,000 for organizations and individuals packing chemicals but letting chemicals being leaked, emitted during transport, preservation and storage.

3. A fine of between VND 10,000,000 and VND 20,000,000 for organizations and individuals packing chemicals but letting the inside chemicals able to erode, destroy and cause harmfulness to environment during transport, preservation and storage.

4. Remedial measures

Forcible remedy, supplementation of packing chemicals ensuring requirements in packing chemicals as prescribed by agencies competent to management of sectors, fields.

Article 14. Violations of regulations on the chemical safety slip

1. A fine of between VND 3,000,000 and VND 5,000,000 for organizations, individuals who let happening mistakes in information, content of the chemical safety slips.

2. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals who use deceitful tricks, provide for false information or content of chemicals in the chemical safety slips.

3. Remedial measures

Forcing to remedy mistakes in information and content of the chemical safety slips for violations specified in clause 1 and clause 2 of this Article.

Article 15. Violations of regulations on using chemicals for laboratory and science research

1. A fine of between VND 1,000,000 and VND 2,000,000 for organizations, individuals using instruments containing chemicals in laboratory and warehouse without labels conformable with requirement on chemical label as prescribed by law.

2. A fine of between VND 2,000,000 and VND 3,000,000 in case where laboratory fail to make record of monitoring chemicals so as to update periodically use of chemicals and not store the chemical safe slips.

3. A fine of between VND 3,000,000 and VND 5,000,000 in case where laboratory fail to have safe devices and labor protection equipment conformable with the dangerous nature of chemicals.

4. Remedial measures

Forcible remedy for mistakes involving use of chemicals in laboratory, science research in accordance with provisions of the Ministry of Science and Technology on use of chemicals for performing experiments and science research.

Article 16. Violations of regulations on storage and preservation of dangerous chemicals during production and business

1. A fine of between VND 2,000,000 and VND 3,000,000 for organizations and individuals of production and business conducting storage and preservation of dangerous chemicals but not yet ensuring conditions on safe distance, safe technical requirements during storage and preservation of chemicals.

2. A fine of between VND 3,000,000 and VND 5,000,000 for organizations and individuals having no necessary warning about chemical safety, no signal system conformable with the dangerous level of chemicals at places of storing and preserving dangerous chemicals.

3. A fine of between VND 5,000,000 and VND 10,000,000 for organizations and individuals having no equipment and means to response incidents conformable with dangerous properties of chemicals.

4. A fine of between VND 30,000,000 and VND 40,000,000 for organizations, individuals having no measures to prevent and response chemical incidents or plans on preventing and responding chemical incidents as prescribed by the Chemical Law.

5. Remedial measures

Forcing to remedy mistakes and ensure requirements on storage, preservation of dangerous chemicals during chemical production and business as prescribed by the Chemical Law.

Article 17. Violations of regulations on handling of chemicals that are eliminated during use

1. A fine of between VND 500,000 and VND 1,000,000 for organizations, individuals eliminating chemicals used for consumption purpose in households not complying with recommendations of producers and law on environmental protection to ensure safety for people and the environment.

2. A fine of between VND 5,000,000 and VND 10,000,000 for organizations, individuals using unconformable technologies for handling waste, eliminating chemical residues, waste and instruments containing chemicals not yet been thoroughly in accordance with law on environmental protection, that do not ensure safety for people and the environment.

3. A fine of between VND 70,000,000 and VND 80,000,000 for organizations, individuals violating regulations on handling chemicals that are eliminated during use, letting the chemicals that are eliminated causing serious environment pollution.

4. For violations of regulations on handling of chemicals that are eliminated during use, if violations influence badly to other useful organisms and cause ecological environment pollution, the violators will be sanctioned administratively in plant quarantine and protection.

5. Additional forms of sanction

Depriving the right to use of permits involving chemical operations.

6. Remedial measures

Forcing to thoroughly process chemicals that are eliminated during use in accordance with law on environmental protection, ensuring safety for people and environment.

Article 18. Violations of regulations on elaborating preventive measures, plan on preventing and responding against chemical incidents

1. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals who falsify content of elaborating plan on preventing and responding against chemical incidents as prescribed by the Law on chemicals.

2. A fine of between VND 30,000,000 and VND 40,000,000 for organizations, individuals who elaborate plan on preventing and responding against chemical incidents inconsistently with reality with the aim to be appraised and approved.

3. Remedial measures

Forcing to elaborate plan on preventing and responding against chemical incidents as prescribed by the Law on chemicals.

Article 19. Violations of regulations on the chemical declaration

1. A fine of between VND 5,000,000 and VND 10,000,000 for organizations, individuals who conduct one of following acts:

a) To declare inconsistently with reality about name of chemicals, physical – chemical – mechanical properties of chemicals, origin of chemicals, volume and use purpose of chemicals;

b) To fail to store dossier of declaration and documents involving classification of dangerous chemicals as prescribed;

c) When ending the dangerous chemical activities, fail to notify agencies received declaration.

2. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals who conduct one of following acts: Failing to declare or use deceitful tricks to declare inconsistently with reality about name of chemicals, physical – chemical – mechanical properties of chemicals, origin of chemicals, volume and purpose of implementing chemical operation.

3. Remedial measures

Forcing to remedy status to declare properly with reality; storing dossiers of declaration and documents involving classification of dangerous chemicals as prescribed.

Article 20. Violations of regulations on registering for new chemicals

1. A fine of between VND 10,000,000 and VND 20,000,000 for organizations, individuals failing to implement register for new chemicals, assessment of new chemicals as prescribed.

2. Remedial measures

Forcing to remedy register for new chemicals.

Article 21. Violations of regulations on conditions for persons involving the dangerous chemical activities

1. A fine of between VND 500,000 and VND 2,000,000 for organizations, individuals who conduct one of following acts:

a) The person directly managing production and business of the facility of dangerous chemical production and business is not sufficient standards in accordance with current regulations;

b) Using employees who have no suitable professional skill in accordance with regulations;

c) Using employees who have not been trained the process on safety technology in manufacture, use, preservation and transport of dangerous chemicals and safety technology in poison prevention and prevention and fighting against fire and explosion in accordance with regulations;

d) Failing to organize periodical training, retraining in accordance with regulations for subjects directly involving the mission of receiving, producing, using, preserving, transporting, testing the dangerous chemicals.

2. Remedial measures

Forcing to organize periodical training, retraining in accordance with regulations for subjects directly involving the mission of receiving, producing, using, preserving, transporting, testing the dangerous chemicals.

Article 22. Violations of regulations on protecting areas involving the dangerous chemical activities

1. A fine of between VND 500,000 and VND 1,000,000 for organizations, individuals who conduct one of following acts:

a) Letting persons no duty enter and out in area involving dangerous chemical operation without permission;

b) Failing to implement the regime of handing over and receipt when handing over the guard shift;

c) Leaving off the guard duty or failing to implement the regime of guarding and patrol in guard shifts;

d) Failing to timely report irregular circumstances during guard shifts.

2. A fine of between VND 2,000,000 and VND 5,000,000 for organizations, individuals who conduct one of following acts:

a) Failing to elaborate internal rules, regulation on protecting and watching area involving dangerous chemical operation;

b) Failing to check the watching and guarding area involving the dangerous chemical operation as prescribed.

3. A fine of between VND 5,000,000 and VND 10,000,000 for organizations, individuals who conduct one of following acts:

a) Failing to allocate full payroll of safeguard force for self-defence as prescribed;

b) In lack manner or inconsistently, inadequately building and equipping kinds of means, facilities used for guarding the area involving dangerous chemical operation as prescribed.

Article 23. Violations of regulations on provision and keeping in secret of chemical information

A fine of between VND 2,000,000 and VND 8,000,000 for agencies or the receiving persons of chemical declaration, registration and reports conducting one of following acts: Disclosure of secret of chemical information that must be kept in secret in accordance with law and regulation on keeping secret of information on chemical declaration of the Ministry of Industry and Trade.

Article 24. Violations of regulations on production, import and use reportsof chemicals in List of prohibited chemicals

1. A fine of between VND 1,000,000 and VND 5,000,000 for organizations, individuals failing to implement production, import and use reports of chemicals in List of banned chemicals as prescribed in Article 52 of the Chemical Law.

2. Remedial measures

Forcible implementation of production, import and use reports of chemicals in List of banned chemicals as prescribed.

Chapter 3.

AUTHORITY AND PROCEDURES FOR SANCTION

Article 25. The authority to impose sanctions of the chairpersons of the People’s Committees at all levels

The chairpersons of the People’s Committees at all levels have authority to impose sanctions against administrative violations in chemical management within their management and happened in their localities, specifying as follows:

1. The chairpersons of the People’s Committees at level of commune, ward have right to sanction:

a) Warning;

b) Fine up VND 2,000,000;

c) Confiscating material evidences and means of violations in chemical management at the value up VND 2,000,000;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

2. The chairpersons of the People’s Committees at level of district, town, and attached-province city have the rights:

a) Warning;

b) Fine up VND 30,000,000;

c) Confiscating material evidences and means of violations in chemical management;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

e) Forcible dismantlement of construction works that are illegal or wrong in comparison with permit violating provisions of law in chemical management.

3. The chairpersons of the People’s Committees at level of central-affiliated citi and province have the rights:

a) Warning;

b) Fine up VND 100,000,000;

c) Confiscating material evidences and means of violations in chemical management;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

e) Forcible dismantlement of construction works that are illegal or wrong in comparison with permit violating provisions of law in chemical management;

e) Forcing to remedy the unsafe status that is caused by administrative violations;

g) Forcing to move chemicals causing danger for national reserve by administrative violations to warehouses, locations as prescribed;

h) Forcing to bring out Vietnam’s territory or forcing to re-export as prescribed in Article 20 of the Ordinance on handling administrative violations.

Article 26. The authority to impose sanctions of Inspectorate in Industry and Trading

Specialized inspectorate under the Ministry of Industry and Trading has authority to impose sanctions against violations nationwide. Specialized inspectorates under the provincial Services of Industry and Trade have authority to impose sanctions against administrative violations in localities under their management.

The authority to impose sanctions against administrative violations in chemical management of Specialized inspectorates is specified as follows:

1. Specialized inspectors of the Ministry of Industry and Trade, the Services of Industry and Trade have the rights:

a) Warning;

b) Fine up VND 500,000;

c) Confiscating material evidences and means of violations in chemical management at the value up VND 2,000,000;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management;

e) Forcing to remedy the unsafe status that is caused by administrative violations.

2. Chief inspectors of the Services of Industry and Trade have the rights:

a) Warning;

b) Fine up VND 30,000,000;

c) Confiscating material evidences and means of violations;

d) Forcible restoration of the initial state that already been changed due to acts of violation;

e) Forcing to remedy the unsafe status that is caused by acts of violation.

3. Chief inspector of the Ministry of Industry and Trade has the rights:

a) Warning;

b) Fine up VND 100,000,000;

c) Confiscating material evidences and means of violations;

d) Forcible restoration of the initial state that already been changed due to acts of violation;

dd) Forcing to remedy the unsafe status that is caused by acts of violation;

e) Forcing to move chemicals causing danger for national reserve by administrative violations to warehouses, locations as prescribed;

g) Forcing to bring out Vietnam’s territory or forcing to re-export as prescribed in Article 20 of the Ordinance on handling administrative violations.

Article 27. The authority to impose sanctions of other forces

Apart from the persons competent to impose sanctions specified in Article 28 and Article 29 of this Decree, competent persons of Public Security, Customs, Army forces and the Market management and Inspectorate of labour safety and labor hygiene have rights to sanction as prescribed in the Ordinance on handle administrative violations when they detect acts of administrative violations in chemical management specified in this Decree within their authority and localities.

Article 28. The authorization and principle in defining authority to impose sanctions against administrative violations in chemical management

1. The authorization to impose sanctions against administrative violations in chemical management shall comply with provision in Article 41 of the Ordinance on handle administrative violations.

2. The principles in defining the authority to impose sanctions against administrative violations in chemical management shall comply with provision in Article 42 of the Ordinance on handle administrative violations.

Article 29. The procedures for sanction against administrative violations in chemical management

1. The procedures for and order of sanction against administrative violations in chemical management shall comply with provisions of the Ordinance on handle administrative violations and the Decree No. 128/2008/ND-CP

2. Documents relating to sanction against administrative violations in chemical management must be stored fully at the sanctioning agencies. Minutes of administrative violations must be made in according to the current set forms.

3. Individuals and organizations who are fined must pay fine on time and at place stated in decisions on sanction except for case where they have paid fine on the spot as prescribed in Article 54 and Article 58 of the Ordinance on handle administrative violations and they will receive the receipts of collecting fines.

4. When applying forms of confiscating material evidences or means of violations, the persons competent to impose sanctions must comply with provisions in Article 60, Article 61 of the Ordinance on handling of administrative violations and the Decree No. 128/2008/ND-CP.

Article 30. The compliance with decision on sanction and forced execution of decisions on handling administrative violations in chemical management

1. Individuals and organizations sanctioned for administrative violations must execute the sanctioning decisions within ten days as from the date they are given the sanctioning decisions, except otherwise provided for by law. If individuals or organizations sanctioned for administrative violations still fail to voluntarily execute the sanctioning decisions, they shall be coerced to do so as prescribed in Article 66 of the Ordinance on Handling administrative violations and provisions on forced execution of decisions on sanctioning administrative violations of law.

2. When applying coercive measures for executing decisions on sanctioning administrative violations in chemical management, agencies and competent persons must comply with the order of and procedures for enforcement as prescribed in Article 66 and Article 67 of the Ordinance on handle administrative violations and provisions on forced execution of decisions on sanctioning administrative violations of law.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 31. Effect

1. This Decree takes effect on December 10, 2009.

2. This Decree replaces the Government’s Decree No. 31/2007/ND-CP dated March 02, 2007, on sanctioning administrative violations in manaement of dangerous chemicals.

Article 32. Responsibilities for implementation

1. The Ministry of Industry and Trade shall monitor and supervise implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the chairpersons of the People’s Committees of central-affiliated cities and provinces shall implement this Decree.

 

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

 


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Thuộc tính Văn bản pháp luật 90/2009/ND-CP

Loại văn bảnNghị định
Số hiệu90/2009/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành20/10/2009
Ngày hiệu lực10/12/2009
Ngày công báo...
Số công báo
Lĩnh vựcVi phạm hành chính
Tình trạng hiệu lựcHết hiệu lực 31/12/2013
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            Decree No. 90/2009/ND-CP sanctions against administrative violations in chemical
            Loại văn bảnNghị định
            Số hiệu90/2009/ND-CP
            Cơ quan ban hànhChính phủ
            Người kýNguyễn Tấn Dũng
            Ngày ban hành20/10/2009
            Ngày hiệu lực10/12/2009
            Ngày công báo...
            Số công báo
            Lĩnh vựcVi phạm hành chính
            Tình trạng hiệu lựcHết hiệu lực 31/12/2013
            Cập nhật3 năm trước

            Văn bản gốc Decree No. 90/2009/ND-CP sanctions against administrative violations in chemical

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