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The Decree 173/2013/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Hydrology, Meteorology, Geodesy And Map

Original Language Title: Nghị định 173/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực khí tượng thủy văn, đo đạc và bản đồ

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THE GOVERNMENT.
Numbers: 173 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 13, 2013

DECREE

Q The prestige of the administrative breach in the field of hydrology, measurement, and nature. Oh.

________________________

The Law base. I Ch. I'm The government on December 25, 2001;

The Law base. X It's a violation of the law. I'm 20 June 2012;

The French base. K two falls and protect c cell T What? Hydrology meteorology December 02, 1994;

Base of Decree Stain. 12 /2002/NĐ-CP January 22, 2002 of the Government of the Measurement and Map Activity;

At the suggestion of the Minister of Natural Resources and Environment,

The government issued a decree regulating the administrative violation in the field of kh. I'm hydrology, measurement, and map Oh. .

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree rules out administrative violations, the punishment form, the penalty level, the consequences of remediation on the behavior of administrative violations, the jurisdiction of sanctions and the authority to compile the administrative breach in the field of hydrology, It ' s about measuring and mapping.

2. Behavior violation in the field of hydrology meteorology, including: Violation of the regulation of hydrology meteorological activity; violations of the regulation of tropical low-pressure forecasting, storm, flood; violation of the regulation of reservoir transport information to the public. Hydrology meteorological projects; violations of the regulation of mining and the protection of hydrology meteorology; the breach of the provision of supply, the use of basic hydrolyrical storage materials.

3. Behavior violations in the field of measuring and mapping, including: Violation of the regulatory permit of measuring and mapping activities; violations of management regulation, protection and use of measurements; forgery of measurements; violations of the regulation of substance management. the amount of work, product measurements and maps; the violation of the regulatory regime reporting measurements and maps; violations of regulation in the examination of the law enforcement of measurements and maps; violations of the provision of supply, exploitation, use and international exchange. information, materials, product measurements and maps.

4. Administrative violations of the field of hydrographic meteorology, measurements and maps without regulation at this decree apply to regulation at other Government resolutions on sanctions against administrative violations in the field of state management. It's relevant to the water.

What? 2. Subject applies

The organization, Vietnamese individuals, organizations, foreign individuals have administrative violations in the field of hydrographic meteorology, measurements and maps; the person who has the authority to compile the administrative breach, sanctipate administrative violations; organization, other individuals are involved.

What? 3. Form, administrative breach of the administrative breach and the remediation measure.

1. The main form of punishment, penalty level

The organization, the individual has administrative violations in the field of hydrographic meteorology, measurements and maps that are applied to one of the following forms of punishment:

a) Police.

b) The maximum amount for an administrative violation in the field of hydrographic meteorology, measurements and maps of 50,000,000 individuals for individuals and 100,000,000 to the organization;

c) The title of using a license from 03 (three) months to 12 (twelve) months.

2. Additional execution form

Suspension of operations from 03 (three) months to 06 (six) months.

3. Measure the remediation measure is specified specifically at Chapter II, Chapter III of this Decree, including:

a) to restore the original condition;

b) To remove the work, part of the construction work without a permit;

c) Forcing the recovery of the product obtained due to the execution of administrative violations; recovery of repair permits, detergents;

d) To resubmit the amount of illegal gains made by the implementation of administrative violations;

Forcing the cancellation of the results, the product, the number of available materials due to the execution of the administrative breach.

What? 4. Apply the money penalty in administrative sanctions

1. The amount of fines prescribed at Chapter II, Chapter III This decree is the fine for the individual's administrative violation, the amount of fines on the conduct of the organization's administrative violations by 2 times the fine with the same violations of administrative violations. Personally.

2. The jurisdiction of fines of those prescribed at Articles 17, 18 and Article 19 This Decree is the applicable jurisdiction over an individual administrative violation; in the case of fines on the organization ' s violations of the organization, who has the authority to do so. The right to be punished twice as much punishment for the individual.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF HYDROLOGY, THE FORM OF PUNISHMENT, THE PENALTY LEVEL AND THE REMEDIATION MEASURE.

What? 5. Violation of the Regulation of Hydrometeorological Operations

1. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:

a) Do not correct a writable content in the license;

b) Change the agency headquarters is granted a license without informing the state administration of the hydrology meteorology.

2. Penitentiation from 5,000,000 to a 7,000,000 co-rights or the title of license from 03 (three) months to 06 (six) months for one of the following acts:

a) The execution is not true from the 2 content written in the return permit;

b) Self-change the location of the hydrology meteorological site.

3. Money from $7,000,000 to 10,000,000 for the repair behavior, clearing the false content of the content of the hydrology meteorological activity.

4. Money from 10,000,000 to 15,000,000 for the conduct of hydrology meteorological activities without a prescribed license.

5. Measure corrects:

a) Recall A Hydrology Meteorological Activity License for a prescribed behavior at Section 3 This Article;

b) Forced to restore the initial state to the violation of regulation at point b 2 This.

What? 6. Violation of regulatory coverage of tropical low-pressure forecast, storm, flood

1. Penituation from 5,000,000 to 10,000,000 dollars on low-level news coverage, typhoons, flooding of mass media without the source of the source of the information.

2. Penituate from 10,000,000 to 20,000,000 to one of the following acts:

a) Report of tropical low-pressure forecasts, storms, floods on unregulated mass media;

b) misaligned the forecast of a tropical depression, storm, flood, and supply of authority.

3. Money from 40,000,000 to $50,000,000 against the violation of regulation at point b 2 This results in serious consequences.

What? 7. Violation of the regulation of the supply of reservoir transport information for the hydrology meteorological forecasting body

1. A currency of between 500,000 and 1,000,000 people on the behavior does not conduct the observational report, gathering information, data-based hydrology meteorological data.

2. Money from 10,000,000 to 12,000,000 times the slow behavior provides the following reservoir operating information for the agency for the forecast of hydrology meteorology:

a) Information on the waters of the upper water, the water level downstream;

b) The information about the traffic to the lake, the discharge discharge, the discharge of the discharge, the total circulation of the dam;

c) The information is expected to increase the level of the lake by following traffic to the lake.

3. A massive amount of money from 13,000,000 to 15,000,000 people on the behavior does not provide the following reservoir operating information to the agency for the forecast of hydrology meteorology:

a) Information on the waters of the upper water, the water level downstream;

b) The information about the traffic to the lake, the discharge discharge, the discharge of the discharge, the total circulation of the dam;

c) The information is expected to increase the level of the lake by following traffic to the lake.

4. A massive amount of money from 15,000,000 to 17,000,000 to the behavior of providing false information for the following information for the hydrometeorological meteorological forecast:

a) Information on the waters of the upper water, the water level downstream;

b) The information about the traffic to the lake, the discharge discharge, the discharge of the discharge, the total circulation of the dam;

c) The information is expected to increase the level of the lake by following traffic to the lake.

5. Money from 17,000,000 to 20,000,000 people to conduct uncertainties, gathering information, data-based hydrology meteorological data.

What? 8. Violation of the regulation of mining and protection of hydrology meteorology

1. Police charges or fines between 100,000 and 500,000 coins for that plug behavior, fishing for the fisheries of the technical safety corridors of the hydrology meteorological work.

2. Penituation of 1,000,000 to 2,000,000 partners in the act of obstruct observation, measurements of the elements of hydrology meteorology.

3. Money from 2,000,000 to 4 million times the behavior of the natural variation of hydrophological meteorological elements.

4. Money from 4 million to 6,000,000 to a causeway, drain the water, excavate the river's heart, or the two sides of the shore within the technical safety corridor of the hydrology meteorological work.

5. Free from 6,000,000 to $8,000,000 in one of the following acts:

a) Construction of the unauthorized work violation of the technical safety corridors of the hydrology meteorological work;

b) The dam which affects the device and the hydrology meteorological work;

c) Neo parking facilities for hydrology, naval, and hydrology.

6. Money from $8,000,000 to $10,000,000 for a high degree unauthorized shift in hydrology meteorological work.

7. Money on the behavior of damage to the device, the hydrology meteorology is as follows:

a) From 5,000,000 to 10,000,000 in total for the damage to the device, the hydrology meteorological work has a value of less than 50,000,000;

b) From 10,000,000 to 20,000,000 in total to the damage to the device, the hydrology meteorological work has a value of between 50,000,000 and less than 100,000,000;

c) From 20,000,000 to 30,000,000 to 30,000,000 to damage the device, the hydrology meteorological work has a value of $100,000,000 to under 300,000,000;

d) From 30,000,000 to $40,000,000 in total damage to the device, the hydrology meteorological work has a value of $300,000,000 to $500,000,000;

From 40,000,000 to a 50,000,000 total of $50,000,000 in damage to the device, the hydrology meteorological process is worth over $500,000,000.

8. Measure corrects:

a) To restore the initial status of the violation of regulations at Clause 3 and Point 5 This Article;

b) Forced unloading of the work, the construction portion of the construction process has no license for the specified behavior at Clause 4 and Point A 5 This.

What? 9. Violation of the provision of supply, use of basic hydrology meteorological storage.

1. Free $1,000,000 to $2,000,000 in damage to the conduct of hydrology meteorological storage.

2. Free from 4,000,000 to 6,000,000 partners for one of the following acts:

a) The use of unregistered hydrology meteorological materials and quality assessment on the projects and construction of the work by any source of capital;

b) Use of a hydrology meteorological document without the authority of the authority to provide;

c) Use of a left-right hydrography document with the rule of law on state secret protection.

3. Money from 6,000,000 to 10,000,000 coins for the loss of the mercury meteorological record.

4. Measure corrects:

Forced to restore the initial state to the violation of the specified breach at Clause 1 Article.

Chapter III

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MEASUREMENTS AND MAPS, THE FORM OF PUNISHMENT, THE FINE AND THE MEASURE OF THE CONSEQUENCES.

What? 10. Violation of the Regulation of Measurement Operations and Map

1. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:

a) Not to implement the report stipulation when there is a change in person responsible to the law or the main technical curator;

b) Change the location of the headquarters;

c) Not the procedure of granting a Measurement Operation and maps when changing the name of the organization.

2. Penitentiated from 5,000,000 to 10,000,000 coins or stripped of its use of the Certificate of Measurements and maps from 06 (six) months to 12 (twelve) months on the conduct of not maintaining prescribed conditions to be granted a Certificate of Measurement and Operations. It's a map of the operation of the organization.

3. Money from 10,000,000 to 15,000,000 in one of the following acts:

a) The operation of measurements and maps is not true to the content of the Measurement And Map operations permit;

b) Implementiation of measurements and maps during the time deprived of the use of the Certificate of Measurements and maps;

c) Correction, disinfated to mislead the Content and Map Activity License content.

4. Money from 15,000,000 to 20,000,000 coins for activity activity and map without a prescribed license.

5. Measure corrects:

a) The recovery of the Measurement And Map operation permit for the violation of the specified breach at Point 3 This Article;

b) Destroy the product for the specified violation behavior at Point A and Point 3, Clause 4 This.

What? 11. Violate regulations on management, protection and use of measurement construction works in China.

1. Police charges or fines ranging from 100,000 to 500,000 in unreported behavior with the Social People ' s Committee when using the base measure.

2. Fines of between 500,000 and 1,000,000 dollars for land-based owners, construction owners, or work owners where the base of the facility does not perform the responsibility for the protection of the measured construction work, the loss of its use. Baseline measurements.

3. Penituation from 3,000,000 to $5,000,000 for displacement, breach of facility measurements.

4. Money from $5,000,000 to $7,000,000 for demolition of facility measurements.

5. Measure corrects:

The restoration of the original condition for the violations of the regulations at Clause 3 and Clause 4 This.

What? 12. The mock behavior of measurements

1. Penitentiated from 15,000,000 to 20,000,000 or stripped of its use of the Certificate of Measurements and maps from 06 (six) months to 12 (twelve) months for forgery of measurements without question of criminal responsibility.

2. Measure corrects:

a) Destroy the number of false figures and the results of measurements and maps that are related to the false number of measurements;

b) Forced To Submit the illegal gain was due to the conduct of the forgery of measurements.

What? 13. Violation of the regulation of process quality management, product measurements and maps.

1. Money from 6,000,000 to $8,000,000 for behavior does not take control, testing the required equipment, testing before entering the use.

2. Penituation from 10,000,000 to 15,000,000 in one of the following acts:

a) Technical examination, process quality appraisal, measurement products, and incomplete maps of categories, regulatory audits;

b) misleading results of the assessment of the quality of the work, measuring products and maps;

c) The use of the vehicle, the process quality test device, the measurement product, and the map do not reach a requirement for technical designation by regulation.

3. Additional execution form:

The suspension of technical testing, the quality of the quality of the work, measurement products, and maps have licensed from 03 (three) months to 06 (six) months for the regulatory behavior stipulated at Point 2 This.

4. Measure corrects:

Cancel the results of technical tests, the quality of the quality of the work, the measurement products, and the map for the behavior violations specified at Point b and Point 2 This.

What? 14. Violation of the regulatory regime reporting measurements and the report itself. Oh.

Fines of between 500,000 and 1,000,000 people on the behavior do not conduct a report regime in the regulatory and map-based activities.

What? 15. Violation of regulation in examination of law enforcement on measurements and maps.

Fines from the 2,000,000 to 5,000,000% of the conduct did not approve of the decision to test; the refusal to provide information regarding the examination of the measurement and map of the competent, competent authorities.

What? 16. Violation of the regulation of supply, exploitation, use and exchange of international information, materials, measuring product data, and map-based maps.

1. Money from 1,000,000 to 3,000,000 people on the behavior of using information, materials, product data, and maps do not specify a legally defined legal source.

2. Money from 40,000,000 to $50,000,000 to one of the manufacturing and supply behaviors (including international exchange operations, import exports) information, materials, product data measurements and maps that are not currently on the border. country, sovereignty, territory, territorial waters (including the Yellow Sa Islands, Changsha and other islands) of the Socialist Republic of Vietnam.

3. Measure remediation:

Forced the recovery of the product and the filing of the illegal benefits obtained by the execution of a regulatory violation at Clause 2 This.

Chapter IV

THE AUTHORITY SANCTIFYING THE ADMINISTRATIVE BREACH AND APPLIES THE CONSEQUENCES OF REMEDIATION IN THE FIELD OF HYDROGRAPHIC METEOROLOGY, MEASUREMENTS AND MAPS.

What? 17. Authority to punish the administrative violation of the Chairman of the People ' s Committee

1. The Chairman of the Committee on the Social People ' s Commission has the right:

a)

b)

c) Apply the effective remediation measure at the point a and point b 3 Article 3 This decree.

2. The chairman of the District People ' s Commission has the right to:

a)

b)

c) The rule of using a license with a deadline or suspension of operations has a deadline;

d) Apply the effective remediation measure at paragraph 3 Article 3 This decree.

3. The chairman of the Provincial People ' s Commission has the right:

a)

b)

c) The rule of using a license with a deadline or suspension of operations has a deadline;

d) Apply the effective remediation measure at paragraph 3 Article 3 This decree.

What? 18. The authority to punish the administrative violation of professional inspector

1. Professional inspectors, who are assigned to the task of inspection of the financial and environmental industry who are currently performing the right to:

a)

b)

c) Apply the effective remediation measure at Point A 3 Article 3 This decree.

2. Chief Inspector of the Department of Natural Resources and Environment, Head of the Department of Experts majorated by the Director of the Department, Chief Inspector of the Department of Natural Resources and Environment decision making the inspection and establishment of the Inspector General of the General Staff:

a)

b)

c) The rule of using a license with a deadline or suspension of operations has a deadline;

d) Apply the effective remediation measure at paragraph 3 Article 3 This decree.

3. The head of the specialist inspection team led by the minister, Chief Inspector of the Ministry of Natural Resources and the Environment to the inspection and establishment of the Ombudman has the right to:

a)

b)

c) The rule of using a license with a deadline or suspension of operations has a deadline;

d) Apply the effective remediation measure at paragraph 3 Article 3 This decree.

4. Chief Inspector of the Ministry of Natural Resources and Environment:

a)

b)

c) The rule of using a license with a deadline or suspension of operations has a deadline;

d) Apply the effective remediation measure at paragraph 3 Article 3 This decree.

What? 19. Authority to punish the administrative violation of the People ' s Public Security, Border Police Department, Marine Police, Customs, Forest Service, Market Management, Maritime Port, Air Port Authority, Port Authority of the Inland Sea, Department of Homeland Security

1. The person with the jurisdiction of the Public Security Service, Border Guard, Marine Police, Customs, Forest Service, Market Management, Market Management, Maritime Port Authority, Port Authority of the Inland Sea has the authority to execute administrative detention and apply remedied remedied measures. The consequences for the conduct of the administrative breach stipulated at Chapter II and Chapter III the decree follows regulation at Articles 39, 40, 41, 42, 43, 44, 45, 47, and Article 52 of the Administrative breach of the administrative breach on the grounds of management and function, mission, jurisdiction. Give me

2. The person with the trial authority of the specialized inspection agency has the authority to execute the administrative sanctions and to apply the remediation measures on the conduct of the prescribed administrative breach at Chapter II and Chapter III This decree is in the field, the industry. management under regulation at Article 46 and Article 52 Rules for administrative violation.

What? 20. The authority to compile administrative violations

1. The one with the authority to compile the following:

a) The person with the authority to punish the administrative breach in the field of hydrology, measure and map;

b) The official, the officer of the regulatory bodies at Article 17, Article 18 and Article 19 of this decree are on the service, the mission.

2. The person with the authority to set a specified border at Clause 1 This has the right to compile administrative boundaries about the administrative violations of the scope of the service, the task is assigned to the prescribed form and is responsible for the editing of the border.

3. An administrative breach behavior is only partially compiled. If a single administrative breach has been compiled, it is not the second one for the behavior itself.

The case of the violation of the breach was established that later individuals, the organization continued to carry out, although the person with the authority of the trial had forced an end to the breach, when the decision was made against the behavior, with the authority to apply more sex. It ' s an increase in regulation at the point of Article 1 Article 10 of the Administrative infringes of the Act.

4. The individual case, the organization that performs many administrative violations in the same violation or violation multiple times, the copyright penalty must be shown in full violation of violations or number of breaches.

Chapter V.

EXECUTION CLAUSE

What? 21.

1. This decree has been in effect since 1 January 2014.

2. This decree replaces the following Decree:

a) Protocol number 61 /2008/NĐ-CP on 9 May 2008 of the Government on the sanctions of the administrative breach in the field of hydrology meteorology;

b) The arithmetic decree 30 /2005/ND-CP March 11, 2005 of the Government on the sanctions of the administrative breach in the operation of measurements and maps.

What? 22. The transition clause

1. The violations occur before this decree takes effect but has not been punished but is being considered, resolved, or after this decree has the newly discovered effect of execution, imposed by regulation at the UN Digital Protocol. 61 /2008/ND-CP, Number Protocol 30 /2005/ND-CP To be punished. In the case of the provisions of the prescribed sanctlement at this decree, it is beneficial to the organization, the individual applies to the decree to sanctipate.

2. The violation of the violation has been decided to take effect but not yet to accept or accept the execution of a previous trial.

What? 23. Organization for execution and accountability

1. The Ministry of Natural Resources and Environment has the responsibility to guide, the organization implementing this Protocol.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung