The Decree 118/2009/nd-Cp: Regarding The Handling Of Breaking The Law In The Field Of Environmental Protection

Original Language Title: Nghị định 117/2009/NĐ-CP: Về xử lý vi phạm pháp luật trong lĩnh vực bảo vệ môi trường

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The DECREE on the handling of misconduct in the field of protection of the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on environmental protection on November 29, 2005;

Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of natural resources and the environment, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree stipulates: a) The administrative violations in the field of environmental protection, sanctions, fines, authority and procedure sanctions and remedial measures;

b) competence, order and procedures apply form processing temporarily suspended activities, forced relocation, all works for production facilities, business services, polluting the environment, causing serious environmental pollution provisions of article 49 of law on environmental protection; coercive measures, jurisdiction, procedures apply coercive measures to enforce the decision to temporarily suspend operations, forced relocation, all works;

c publicity measures) information on the situation of pollution and violation of the laws of the production facilities, business services, polluting the environment, causing serious environmental pollution.

2. Administrative violations in the field of environmental protection is the violation of the provisions of the State management in the field of environmental protection by the individual, the Organization implemented a way to intentionally or unintentionally not that crime and under the provisions of this Decree are sanctioned administrative offense. Administrative violations in the field of environmental protection include: a) The violations of the provisions on established, made the commitment to protect the environment, the report reviews the environmental impact, the report reviews the impact of the environment (hereinafter referred to as the report environmental impact assessment) , environmental protection project;

b) acts of polluting the environment;

c) The violations of the regulations on the management of waste;

d) The violation of the regulations on the protection of the environment in importing machines, equipment, means of transportation, raw materials, fuel, materials, waste materials;

DD) The violations of regulations on environmental protection for active tourism, conservation and rational use of natural resources;

e) The violations of the regulations on the implementation of prevention, pollution, environmental degradation, and the violations of the provisions on the protection of the environment.

3. other administrative violations in the field of environmental protection is not directly specified in this Decree shall apply in accordance with the law on sanctioning administrative violations in the other related decrees.

Article 2. The object being processed in violation of the law in the field of environmental protection 1. The subject was sanctioning administrative violations: a) individual, domestic and individual organizations, foreign organizations (hereinafter referred to as individuals, institutions) have administrative violations in the field of environmental protection on the territory of Vietnam are sanctioned according to the provisions of this decree or the relevant decree. In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply under the provisions of international treaties.

b) individuals are minors have administrative violations in the field of environmental protection shall be sanctioned in accordance with article 7 Ordinance handling administrative violations.

2. Basis of polluting the environment, causing serious environmental pollution being applied form processing temporarily suspended activities, forced relocation, all operating under the provisions of chapter III of this Decree.

Ministry of natural resources and environment criteria defined regulations causing environmental pollution, causing serious environmental pollution.

3. public officers when performing their duties, the public service that are violations of the law on the protection of the environment, the sanctioned administrative offense under the provisions of this Decree, which dealt with according to the provisions of the law on public officials.

Article 3. Sanctions and remedial measures for administrative violations in the field of environmental protection 1. For each administrative violations in the field of environmental protection, the individual, the organization suffered a breach in the sanctions: a) caution;

b) fine.

The levels of maximum fines for administrative violations in the field of environmental protection is 500,000,000 contract.

2. Depending on the nature and extent of the violation, individual, organization, administrative violations in the field of environmental protection can be applied one or the additional sanctions: a) deprived of the right to use for certificate of environmental standard, licensed transport and handling of hazardous waste Wastewater discharge permit, on water resources and the type of license, certificate of practice related content on the protection of the environment (hereinafter referred to as a license, certificate of practice);

b) confiscated exhibits, the means used to administrative violations in the field of environmental protection.

3. In addition to the fines prescribed in clause 1 and clause 2 of this individual, organization, administrative violations in the field of environmental protection can be applied one or more of the following remedial measures: a) enforce measures to reduce noise, vibration , standard waste treatment, environmental technical regulation;

b) Forcing the environmental restoration; enforce measures to overcome pollution, spread of disease and other environmental protection measures according to the provisions of the law on the protection of the environment;

c) Forcibly taken out of the territory of Vietnam or forced back the goods, machinery, equipment, vehicles, raw materials, fuel, scrap material, articles, and media import, bring into the country the provisions on the protection of the environment or pollute the environment;

d) forced the destruction of firecrackers, goods and environment polluting products; exotic invasive organisms; genetically modified organisms and their products;

DD) enforce the right, full of the content of the report on environmental impact assessment and the requirements of the decision approving the report on environmental impact assessment, commitment to environmental protection, environmental protection project;

e) Forcing the correct operating procedures with regard to the work environment; forced construction environment; forced the scrapping of constructions built environment not the right content in the report on environmental impact assessment and the requirements of the decision approving the report on environmental impact assessment, commitment to environmental protection, environmental protection project;

g) enforce rules about environmental safety distance for the settlement;

h) forced the cessation of the unlawful activity, relocated out of the area due to the level of special environmental hazards to health and human life; forced to relocate the plant affect the technical security of the corridor works to protect the environment.

I) Forcibly revoked, expired product disposal used or disposed according to regulations.

k) enforce rules about margin improvement, environmental restoration and liability insurance for environmental damages;

l) Forced to restore original state has been changed due to administrative violations cause;

m) The other remedial measures specified in chapter II of this Decree.

Article 4. Form processing production facilities, business services, polluting the environment, pollute the environment causing serious environmental pollution, which cause serious environmental pollution have administrative violations in the field of environmental protection, the sanctioned administrative violations in the field of environmental protection according to the provisions of this Decree. In addition, causing environmental pollution, which cause serious environmental pollution is also being applied in one of the forms of handling: 1. Temporarily suspend operation until done environmental protection measures needed;

2. Forced to relocate the base to the location far from residential areas and in accordance with the load of the environment;

3. Prohibited activities;

4. Getting public information about the situation of pollution and violation of the law on the protection of the environment on electronic information page of the provincial people's Committee, the Department of natural resources and environment, Ministry of natural resources and the environment; Resource and environmental report and reported on the mass media.

Article 5. Time sanctioning administrative violations, the time limit is considered to be not yet sanctioned administrative violations 1. Time sanctioning administrative violations in the field of environmental protection is two years from the date of the administrative violations are made; If the time limit on, then no sanctions, but still apply remedial measures specified in this Decree.

2. for individuals be prosecuted, indicted or have decided to take the case to trial under criminal proceedings that have decided to suspend the investigation or the suspension of the case which have sign violations administrative violations of environmental protection according to the provisions of this Decree within three days from the date of the decision to suspend the investigation, to suspend the case, who decide to send the decision to the person who has the authority to sanction; in this case, time sanctioning administrative violations is three months from the date of the receiving authority decides to suspend and records violations.

3. Within the time limit prescribed in clause 1 and clause 2 of this that individuals, organizations have new administrative violations in the field of environmental protection or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing. Time sanctioning administrative violations with respect to the above case been reassessed, since the time of implementing new administrative violations or since the time of the termination behaviour deliberately evade, obstruct the sanction.


4. Individuals, organizations sanctioned administrative violations in the field of environmental protection if more than a year, since the day the accomplished executive sanction decision or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative violations in the field of environmental protection.

Article 6. Application of standards, technical regulation and the environment environmental parameters used to define the administrative violations, the level of administrative violations in the field of environmental protection 1. National technical standards used to define the administrative infringements and the level of administrative violations in the field of environmental protection; the case has both a national technical regulation and local technical regulation shall apply local technical regulation; case technical regulation shall apply mandatory standards apply.

National technical standards and technical standards of local environment consists of technical regulation of waste and technical regulation of the environment around.

2. The number of times beyond standards, technical standards are determined on the basis of monitoring results monitoring, have the highest value of a in the environmental parameters according to the provisions of applicable mandatory standards, technical regulation (hereinafter referred to as standards, technical regulation).

Chapter II SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of ENVIRONMENT PROTECTION section 1 ADMINISTRATIVE VIOLATIONS in the FIELD of ENVIRONMENTAL PROTECTION, the form, the level of SANCTIONS and REMEDIAL MEASURES in article 7. Violation of the regulations on environmental protection commitments, environmental protection project in nature and scale that corresponds to the object to establish a commitment for environmental protection 1. A fine from 500,000 to 2,000,000 VND VND for one of the following behaviors: a) does not make it true or made incomplete content in a commitment to protect the environment, environmental protection project has been the competent State agencies, except in cases specified in paragraph 3 of this article;

b) no agency report confirmed the environmental protection project on the completion of the environmental protection measures according to the environmental protection project has been confirmed.

2. A fine of 2,000,000 to 5,000,000 đồng VND from against acts doesn't make content in a commitment to protect the environment, environmental protection project has been the competent State agencies, except in cases specified in paragraph 3 of this article.

3. A fine from 10,000,000 to 15,000,000 Board Council for acts not to build, build, do not operate, do not operate regularly or not to process the work environment has committed in a commitment to protect the environment, environmental protection project has been the competent State Agency confirmed.

4. A fine of 15,000,000 VND to 25,000,000 Council for misconduct have a commitment to protect the environment, environmental protection project is confirmed according to the regulations.

5. remedial measures: a) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must be done right, full of content included in a commitment to protect the environment, environmental protection project has been the competent State Agency confirmed for violations specified in clause 1 and clause 2 Article This;

b) forced to operate procedures for environmental treatment; force within the time limit by the competent sanctions determined in decision sanctioning administrative violations are construction environment for violations of the provisions of paragraph 3 of this article;

c) forced the scrapping of the work environment was built is not the right content in a commitment to protect the environment, environmental protection project has been confirmed for the case violated the provisions in clause 3 of this article;

d) Forced in the time limit by the competent sanctions determined in decision sanctioning administrative violations are established, the environmental protection project for the State Agency has the authority to validate the prescribed for violations of the provisions of paragraph 4 of this Article;

DD) Forced in the time limit by the competent sanctions determined in decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 8. Violating the rules of establishment, made the report environmental impact assessment 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) no text report or not report on time for the people's Committee of the district level where the project about content approval decision report environmental impact assessment;

b) Not listed in the locations of the project summary the report reviews the environmental impact has been approved by the competent authority under the provisions;

c) no text reports, reports on time or untrue statements to the State authorities have approved the assessment report on the environmental impact of the planned construction of the environmental treatment facilities and records the detailed design of the work environment as a rule;

d) does not build and submit the plan to operate the test environment works for the Agency has approved the report on environmental impact assessment, Department of natural resources and the environment, resources and the environment and the communities where the project according to the regulations;

DD) no writing reports or false reports to the Agency has approved assessment report on the environmental impact of the adjustment, change the content, the environmental protection measures in the report on environmental impact assessment has been approved according to the rules.

2. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) do not stop the execution, operation testing of the work environment, not the Resource Room report and the environment where the execution of the project and the Agency has approved the report on environmental impact assessment in the case of environmental pollution when implementing the activities construction and testing of the environmental treatment;

b) operate the work environment has been adjusted, changed in comparison with the environmental protection measures have been approved in the report reviews the environmental impact without comments approved in writing by the Agency has approved the report on environmental impact assessment;

c) Don't make the monitoring of waste, monitor the surrounding environment as specified.

3. Fine fellow to fellow 70,000,000 40,000,000 for acts improperly, not full of the content of the report reviews the environmental impact has been approved and the requirements of the decision approving the report on environmental impact assessment, unless otherwise specified in the paragraph 1 , 2 and 5 of this paragraph.

4. Fine fellow to 70,000,000 100,000,000 contract for one of the following behaviors: a) Not reporting environmental impact assessment complements the competent State agencies for approval under the rules;

b) Put the work into use when the competent authority has not yet been tested, to confirm the correct implementation, adequate protection of the environment in impact assessment report on the environment and the requirements of the decision approving the report on environmental impact assessment as prescribed.

5. Fine fellow to 130,000,000 170,000,000 Council for misconduct, improper construction construction, does not operate, do not operate regularly or not processes for environmental treatment according to the contents in the report environmental impact assessment has been approved.

6. A fine fellow to 300,000,000 200,000,000 from the Council with regard to acts no reports of environmental impact assessment is the competent State agencies for approval under the rules.

7. remedial measures: a) enforce rules of law for violations of the provisions of paragraph 1, 2, 3 and 4 of this paragraph b;

b) forced to operate procedures for environmental treatment; force within the time limit by the competent sanctions determined in decision sanctioning administrative violations are construction environment for violations specified in clause 5 of this Article;

c) forced the scrapping of constructions built environment not the right content in the report environmental impact assessment approved for violations specified in clause 5 of this Article;

d) Forced in the time limit by the competent sanctions determined in decision sanctioning administrative violations are established, the environmental protection project for the competent State bodies for approval as stipulated for violations specified in point a of paragraph 4 and paragraph 6 of this Article;

DD) Forced in the time limit by the competent sanctions determined or decided to sanction administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 9. Violation of the provisions on established, implemented environmental protection project in nature and scale that corresponds to the object to reporting environmental impact assessment 1. A fine from 5,000,000 VND 2,000,000 VND to for the behavior without writing the report the Agency has approved environmental protection project on the completion of the environmental protection measures according to the environmental protection project was approved.

2. A fine of from copper to copper 70,000,000 50,000,000 for acts done incorrectly or not fully the content of environmental protection project was approved, except as specified in paragraph 3 of this article.

3. Fine fellow to 120,000,000 170,000,000 Council for misconduct, improper construction construction, does not operate, do not operate regularly or not processes for environmental treatment according to the contents in the environmental protection project was approved.

4. Fine fellow to 300,000,000 200,000,000 Council for misconduct established the environmental protection process of the competent State agency approval under the rules.

5. remedial measures:


a) enforce rules of law for violations of the provisions of paragraph 1 and paragraph 2 of this Article;

b) forced to operate procedures for environmental treatment at the time of detection of violations; force within the time limit by the competent sanctions determined in decision sanctioning administrative violations are construction environment for violations of the provisions of paragraph 3 of this article;

c) forced the scrapping of constructions built environment not the right content in the environmental protection project was approved for cases prescribed in paragraph 3 of this article;

d) Forced in the time limit by the competent sanctions determined in decision sanctioning administrative violations are established, the environmental protection project for the State Agency has the authority to approve regulations for violations of the provisions of paragraph 4 of this Article;

DD) Forced in the time limit by the competent sanctions determined in decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 10. Violation of the provisions on discharge of waste water 1. For waste water discharge behaviour beyond technical standards, standards of waste under 2 times then the sanction as follows: a) caution or a fine from 100,000 to 500,000 copper copper waste water discharges in case less than 10m3/day (24 hours);

b) fine from 500,000 to 2,000,000 copper copper waste water discharges in case from 10m3/day (24 hours) to under 50m3/day (24 hours);

c) fine from 10,000,000 VND 2,000,000 VND to waste energy in case of waste water from 50m3/day (24 hours) to under 500m3/day (24 hours);

d) fine from 10,000,000 20,000,000 to copper copper waste water discharges in case from 500m3/day to under 2,000 m3/day (24 hours);

DD) fine from copper to copper 50,000,000 20,000,000 in waste water discharged from the case of 2,000 m3/day to under 5,000 m3/day (24 hours);

e) fine from 50,000,000 to 100,000,000 copper copper waste water discharges in case of 5,000 m3/day to under 10,000 m3/day (24 hours);

g) fine from 100,000,000 VND to 150,000,000 VND in waste water discharged from the case of 10,000 m3/day (24 hours).

2. for waste water discharge behaviour beyond technical standards, standards of waste from 2 times to under 5 times then the sanction as follows: a VND 500,000 fine) to 2,000,000 VND in the case of smaller amounts of sewage waste 10m3/day (24 hours);

b) a fine of 2,000,000 8,000,000 contract to contract in case the waste water volume discharged from 10m3/day (24 hours) to under 50m3/day (24 hours);

c) fine from copper to copper 20,000,000 8,000,000 in case the amount of sewage discharged from 50m3/day (24 hours) to under 500m3/day (24 hours);

d) fine from copper to copper 50,000,000 20,000,000 in waste water discharged from the case 500m3/day to under 2,000 m3/day (24 hours);

DD) fine from the bronze to 100,000,000 đồng 50,000,000 in waste water discharged from the case of 2,000 m3/day to under 5,000 m3/day (24 hours);

e) fine from 100,000,000 VND to 150,000,000 VND in waste water discharged from the case of 5,000 m3/day to under 10,000 m3/day (24 hours);

g) fine from 150,000,000 VND to 200,000,000 in waste water discharged from the case of 10,000 m3/day (24 hours).

3. for waste water discharge behaviour beyond technical standards, standards of waste from 5 times to under 10 times then the sanction as follows: a) a fine of 2,000,000 8,000,000 contract to contract in case of smaller amounts of sewage waste 10m3/day (24 hours);

b) fine from copper to copper 20,000,000 8,000,000 in case the amount of sewage discharged from 10m3/day (24 hours) to under 50m3/day (24 hours);

c) fine from copper to copper 50,000,000 20,000,000 in waste water discharged from the case 50m3/day (24 hours) to under 500m3/day (24 hours);

d) fine from 50,000,000 to 100,000,000 copper copper waste water discharges in case from 500m3/day to under 2,000 m3/day (24 hours);

DD) fined 100,000,000 to 150,000,000 VND VND from in the case of waste water discharges from 2,000 m3/day to under 5,000 m3/day (24 hours);

e) fine from 150,000,000 VND to 200,000,000 in waste water discharged from the case of 5,000 m3/day to under 10,000 m3/day (24 hours);

g) fine from 200,000,000 250,000,000 copper to copper in waste water discharged from the case of 10,000 m3/day (24 hours).

4. for waste water discharge behaviour beyond technical standards, standards of waste from 10 times over, sanctions are as follows: a) a fine of up to 20,000,000 copper copper 8,000,000 in case the amount of sewage waste is under 10m3/day (24 hours);

b) fine from copper to copper 50,000,000 20,000,000 in waste water discharged from the case 10m3/day (24 hours) to under 50m3/day (24 hours);

c) fine from 50,000,000 to 100,000,000 copper copper waste water discharges in case from 50m3/day (24 hours) to under 500m3/day (24 hours);

d) fine from copper to 100,000,000 đồng 150,000,000 in case water waste discharged from 500m3/day to under 2,000 m3/day (24 hours);

DD) fine from copper to copper 200,000,000 150,000,000 in case water effluent discharges from 2,000 m3/day to under 5,000 m3/day (24 hours);

e) fine from 200,000,000 250,000,000 copper to copper in waste water discharged from the case of 5,000 m3/day to under 10,000 m3/day (24 hours);

g) fine from copper to copper 300,000,000 250,000,000 in case the amount of sewage waste from 10,000 m3/day (24 hours).

5. For cases discharged wastewater containing hazardous substances exceeding the standards, technical regulation on sanction waste as follows: a) Penalty increases from 20% to 30% of the level of fines for violations specified in point a, b, c and d of paragraph 1; points a, b and c clause 2; points a, b, paragraph 3; point a paragraph 4 this that in waste water containing hazardous substances;

b) Penalty increased from 30% to 40% of the level of fines for violations of the provisions of paragraph 1 e and DD points; d, e clause 2; points c and d paragraph 3; point b and point c of paragraph 4 of this Article in waste water containing hazardous substances;

c) Penalty increased from 40% to 50% of the level of fines for violations specified in point g of paragraph 1; the points e and g of paragraph 2 points; point e e and g point paragraph 3; d, e, f and g of paragraph 4 of this Article points that out of waste water containing hazardous substances.

6. Fines of from 500,000,000 to copper copper 400,000,000 for wastewater discharge behavior that contains radioactive substances that cause pollution of environment radiation exceeding standards, technical regulation allows.

7. additional sanctions: deprived of the right to use the license, certificate of practice until done environmental protection measures for violations specified in point g paragraph 3, point e and g of paragraph 4, 5 and 6 of this Article.

8. remedial measures: Forcing in the time limit by the competent sanctions determined in decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 11. Breach of the waste gas, dust 1. A fine from 500,000 to 2,000,000 copper copper waste behavior for the stench, unpleasant odours into the environment.

2. for waste gas, dust acts exceeded the standards, technical regulation on waste under 1.5 times then sanctioned as follows: a) a fine of 1,000,000 to 2,000,000 VND VND in the case of smaller emission 500m3/hour;

b) a fine of 2,000,000 8,000,000 contract to contract in the case of emissions from 500m3 per hour to under 2,000 m3/hour;

c) fine from copper to copper 20,000,000 8,000,000 in case save emissions from 2,000 m3/hour to under 8,000 m3/hour;

d) fine from copper to copper 40,000,000 20,000,000 in case the exhaust flow from 8,000 m3/hour to under 20,000 m3/hour;

DD) fine from copper to copper 60,000,000 40,000,000 in case save emissions from 20,000 m3/hour to under 60,000 m3/hour;

e) fine from the copper to copper 80,000,000 60,000,000 in case the exhaust flow from 60,000 m3 per hour to under 100,000 m3/hour;

g) fine from copper to copper 120,000,000 80,000,000 in the case of emissions from 100,000 m3/hour or more.

3. for waste gas, dust acts exceeded the standards, technical regulation on waste from 1.5 times to under 2 times then sanctioned as follows: a) a fine of 2,000,000 VND to 5,000,000 đồng in case of smaller emission 500m3/hour;

b) fine from 5,000,000 VND to 10,000,000 contract in the case of emissions from 500m3 per hour to under 2,000 m3/hour;

c) fine from 10,000,000 20,000,000 to copper in the case of emissions from 2,000 m3/hour to under 8,000 m3/hour;

d) fine from copper to copper 40,000,000 20,000,000 in case the exhaust flow from 8,000 m3/hour to under 20,000 m3/hour;

DD) fine from copper to copper 70,000,000 40,000,000 in case save emissions from 20,000 m3/hour to under 60,000 m3/hour;

e) fine from copper to copper 110,000,000 70,000,000 in case the exhaust flow from 60,000 m3 per hour to under 100,000 m3/hour;

g) fine from copper to copper 150,000,000 110,000,000 in case the exhaust flow from 100,000 m3/hour or more.

4. for waste gas, dust acts exceeded the standards, technical regulation on waste from 2 times to under 3 times then sanctioned as follows: a) a fine of 5,000,000 VND to 10,000,000 contract in the case of smaller emission 500m3/hour;

b) fine from 10,000,000 20,000,000 to copper in the case of emissions from 500m3 per hour to under 2,000 m3/hour;

c) fine from copper to copper 40,000,000 20,000,000 in case save emissions from 2,000 m3/hour to under 8,000 m3/hour;

d) fine from copper to copper 70,000,000 40,000,000 in case the exhaust flow from 8,000 m3/hour to under 20,000 m3/hour;

DD) fine from copper to copper 110,000,000 70,000,000 in case the exhaust flow from 20,000 m3/hour to under 60,000 m3/hour;


e) fine from copper to copper 150,000,000 110,000,000 in case the exhaust flow from 60,000 m3 per hour to under 100,000 m3/hour;

g) fine from 150,000,000 VND to 200,000,000 Council in case the exhaust flow from 100,000 m3/hour or more.

5. for waste gas, dust acts exceeded the standards, technical regulation on waste from three times to under 5 times then sanctioned as follows: a) a fine fellow to 20,000,000 30,000,000 VND from in the case of smaller emission 500m3/hour;

b) a fine of 30,000,000 VND to 40,000,000 Council in the case of emissions from 500m3 per hour to under 2,000 m3/hour;

c) fine from copper to copper 70,000,000 40,000,000 in case save emissions from 2,000 m3/hour to under 8,000 m3/hour;

d) fine from copper to copper 110,000,000 70,000,000 in case the exhaust flow from 8,000 m3/hour to under 20,000 m3/hour;

DD) fine from copper to copper 150,000,000 110,000,000 in case the exhaust flow from 20,000 m3/hour to under 60,000 m3/hour;

e) fine from 150,000,000 VND to 200,000,000 Council in case the exhaust flow from 60,000 m3 per hour to under 100,000 m3/hour;

g) fine from 200,000,000 250,000,000 copper to copper in the case of emissions from 100,000 m3/hour or more.

6. for waste gas, dust acts exceeded the standards, technical regulation on waste from 5 times over, sanctioned as follows: a) a fine fellow to 20,000,000 30,000,000 VND from in the case of smaller emission 500m3/hour;

b) a fine of 30,000,000 VND to 60,000,000 in case save emissions from 500m3 per hour to under 2,000 m3/hour;

c) fine from copper to copper 120,000,000 60,000,000 in case save emissions from 2,000 m3/hour to under 8,000 m3/hour;

d) fine from copper to 150,000,000 120,000,000 VND in the case of emissions from 8,000 m3/hour to under 20,000 m3/hour;

DD) fine from copper to copper 200,000,000 150,000,000 in case save emissions from 20,000 m3/hour to under 60,000 m3/hour;

e) fine from 200,000,000 250,000,000 copper to copper in the case of emissions from 60,000 m3 per hour to under 100,000 m3/hour;

g) fine from copper to copper 300,000,000 250,000,000 in case the exhaust flow from 100,000 m3/hour or more.

7. for waste gas, dust case has at least one hazardous pollution parameters exceeded the standards, technical regulation on waste then sanctioned as follows: a) the fine increased from 30% to 40% of the level of fines for violations specified in point a, b, c and d item 2; point a and point b paragraph 3; point a paragraph 4 this but in the waste gas, dust containing hazardous waste;

b) Penalty increased from 40% to 50% of the level of fines for violations specified in point d and point e clause 2; points c, d and DD account point 3; points b, c and d, paragraph 4; points a, b and c clause 5; point a and point b paragraph 6 of this Article that in the waste gas, dust containing hazardous waste;

c) Penalty increases from 50% to 60% of the level of fines for violations specified in point g item 2; points e and g of paragraph 3 points; d, e, and g of paragraph 4; d, e, f and g points account 5; c, d, e, f and g of paragraph 6 of this point in the waste gas, dust containing hazardous waste.

8. A fine of from 500,000,000 to copper copper 400,000,000 for waste gas, dust acts containing radioactive contaminated causing the environment beyond the standards, technical standards allow.

9. additional sanctions: deprived of the right to use the license, certificate of practice until done environmental protection measures for cases of violation of the provisions of paragraph 5, point g point e and g account points 6, 7 and 8 of this Article.

10. the remedial measures: Forcing within due authority sanctions determined in decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 12. Violation of the regulations on noise 1. A fine from 5,000,000 VND 2,000,000 VND to for noisy behavior beyond the standards, technical regulation about noise below 1.5 times in the period from 6 hours to 22 hours.

2. A fine of up to 20,000,000 15,000,000 VND VND for acts causing noise exceeding standards, technical regulation about noise below 1.5 times in the period from 22 hours the previous day to 6 hours the following day.

3. A fine of 30,000,000 50,000,000 for copper to copper acts causing noise exceeding standards, technical regulation about noise from 1.5 times over in the time from 6 hours to 3 hours.

4. Fine fellow to 100,000,000 đồng 70,000,000 for acts causing noise exceeding standards, technical regulation about noise from 1.5 times over in the time from 22 hours the previous day to 6 hours the following day.

5. additional sanctions: deprived of the right to use the license, certificate of practice until done measures minimizing the noise standards, technical regulation for cases of violation of the provisions of paragraph 3 and paragraph 4 of this Article.

6. remedial measures: Forcing within due authority sanctions determined in decision sanctioning administrative violations must implement measures to reduce noise standards, technical standards for the violations stipulated in this article.

Article 13. Violation of the regulations on vibration 1. Violating the rules of vibration in the building activity: a VND 15,000,000 to fine) 20,000,000 Board for vibration-causing behavior beyond the standards, technical standards on vibration in the time from 7 hours to 19 hours for the area should have special quiet environment , residential, hotels, guesthouses, administrative agencies; from 6 hours to 22 hours for the interlace residential area, service and production;

b) fine from copper to 20,000,000 30,000,000 VND for vibration-causing behavior beyond the standards, technical standards on vibration in the time period from the 19 hours the previous day to 7 am the following day for the area need special environment quiet, residential areas, hotels, motels; in the period from 22 hours the previous day to 6 hours the following day for the interlace residential area, service and production.

2. Violation of the regulations on vibration during operation: a) a fine of up to 30,000,000 VND VND 20,000,000 for vibration-causing behavior beyond the standards, technical standards on vibration in time from 6 hours to 18 hours for the area should have special quiet environment , residential, hotels, guesthouses, administrative offices, residential commercial district interspersed, service and production;

b) a fine of 30,000,000 50,000,000 copper to copper for vibration-causing behavior beyond the standards, technical standards on vibration in time from 10 hours the previous day to 6 hours the following day for the area need special environment quiet, residential areas, hotels, holiday homes, residential commercial district interspersed , service and production.

3. additional sanctions: deprived of the right to use the license, certificate of practice until done measures to reduce vibration reaching the standards, technical standards for the violations specified in point b of paragraph 1 and point b of this clause 2.

4. remedial measures: Forcing in the time limit by the competent sanctions determined in decision sanctioning administrative violations must implement measures to reduce vibration, standard technical regulation for cases of violation of the provisions of this Article.

Article 14. Acts of polluting soil, water or air 1. A fine from 10,000,000 to 15,000,000 VND VND for buried or behavior to land the contaminants in solid, sludge, waste sanitary tunnel bridge not correct provisions of the law on the protection of the environment.

2. A fine of 15,000,000 VND to 25,000,000 Council for discharge behavior, waste grease, toxic chemicals, waste, animal, plant, bacteria, virus, parasites and disease-causing toxic or other harmful elements into the water environment is not properly regulated by the law on the protection of the environment.

3. The fine increased from 20% to 30% of the level of fines for violations of the provisions of article 10; Article 11; paragraph 3, 4 and 5 article 16; point a paragraph 3 article 17; point b and point d article 19 paragraph 3; Article 22; paragraph 3, 4, 5, 6 and 7 Article 23; paragraph 2 and paragraph 3 article 31 that do concentrations of contaminants in soil, water or air to pass standards, technical standards about the surroundings to under 3 times for the hazardous parameters or under 5 times for other parameters.

4. Penalty increased from 30% to 40% of the level of fines for violations of the provisions of article 10; Article 11; paragraph 3, 4 and 5 article 16; point a paragraph 3 article 17; point b and point d article 19 paragraph 3; Article 22; paragraph 3, 4, 5, 6 and 7 Article 23; paragraph 2 and paragraph 3 article 31 that do concentrations of contaminants in soil, water or air to pass standards, technical standards about the surrounding environment from 3 times to under 5 times for the hazardous parameters or from 5 to under 10 times for other parameters.

5. The fine increased from 40% to 50% of the level of fines for violations of the provisions of article 10; Article 11; paragraph 3, 4 and 5 article 16; point a paragraph 3 article 17; point b and point d article 19 paragraph 3; Article 22; paragraph 3, 4, 5, 6 and 7 Article 23; paragraph 2 and paragraph 3 article 31 that do concentrations of contaminants in soil, water or air to pass standards, technical standards about the surrounding environment from 5 times over for the hazardous parameters or from 10 times over for other parameters.

6. The total amount of the fine for each violation of the provisions of paragraph 3, 4 and 5 of this paragraph must not exceed 500,000,000 contract.

7. additional sanctions: confiscated exhibits, the means used to administrative violations specified in clause 1 and clause 2 of this Thing.

8. remedial measures:


Force within the time limit by the competent sanctions determined in decision sanctioning administrative violations must restore the original status has been changed, make the remedy of environmental pollution due to the violation of the provisions in this cause.

Article 15. Violation of the regulations on the protection of the environment with respect to the base list the base cause serious environmental pollution, production facilities, business services, service being applied forms of forced relocation.

1. Fine fellow to fellow 70,000,000 50,000,000 for acts done incorrectly the content requirements, the progress of handling environmental pollution.

2. A fine of 80,000,000 contract to 120,000,000 VND for one of the following behaviors: a) not implemented measures to reduce, standard waste treatment, environmental technical regulation;

b) does not make the remedy of pollution, restoring the environment;

c) Not taking preventive measures, limited sources of polluting the environment, limit the spread, affecting the health and life of the people in the region.

3. the remedial measures: Forcing within due authority sanctions determined in decision sanctioning administrative violations must implement measures to overcome pollution, restoring the environment due to the violation of the provisions in this cause.

Article 16. Violation of the regulations on transport, landfill, solid waste discharges; transport of raw materials, materials, environment-polluting goods 1. A fine from 500,000 to 2,000,000 VND VND for the transport of raw materials, materials, goods, waste not to shield or to scattered while in traffic.

2. A fine of 5,000,000 to 8,000,000 copper copper from for the behavior not to use the equipment, specialized media guarantees no leaks, spreading into the environment in the process of shipping raw materials, materials, goods, waste.

3. With regard to acts of burying waste, solid waste is not the right place or incorrect rules and regulations on environmental protection, then the sanction as follows: a) a fine of 5,000,000 Dong to Dong 8,000,000 for burying solid waste discharges, to under 5 m 3;

b) fine from copper to copper 15,000,000 8,000,000 for burying waste, solid waste from 5 m 3 to under 20m3;

c) fine from copper to copper 25,000,000 15,000,000 for burying solid waste discharges, from 20m3 to 50m3;

d) fine from copper to copper 40,000,000 25,000,000 for burying waste, solid waste from 50m3 to under capacity 70 m3;

DD) fine from copper to copper 70,000,000 40,000,000 for burying waste, solid waste from capacity 70 m3 to under 100;

e) fine from copper to copper 100,000,000 70,000,000 for burying solid waste discharges, from 100 m to under 200m3;

g) fine from 100,000,000 VND to 150,000,000 VND for burying solid waste discharges, from 200m3 to 500m3;

h) fine from 150,000,000 VND to 200,000,000 Council for burying waste, solid waste coming from 500m3.

4. Penalty increased from 40% to 50% of the amount of the penalty as compared with the corresponding fines for violations of the provisions of paragraph 3 of this article in the case of solid waste containing hazardous waste.

5. A fine of from 500,000,000 to copper copper 400,000,000 for violations of the provisions of paragraph 1 and paragraph 3 of this article in the case of waste containing radioactive substances exceeding the standards, technical standards allow.

6. additional sanctions: a) deprived of the right to use the licensed hazardous waste management from 6 (six) months to 12 (twelve) months for cases of violation of the provisions of paragraph 3, point h paragraph 4 and paragraph 5 of this Article;

b) confiscated exhibits, the means used to administrative violations for cases specified in point e, g and h clause 3; clause 4 and clause 5 of this Article.

7. remedial measures: a) Forced to restore original state has been changed due to violations of the rules in this cause;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 17. Violation of the regulations on the protection of the environment against hazardous waste waste source owner 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) not transfer certificate from the hazardous waste to the competent authority under the provisions; do not make the Declaration certificate from the hazardous waste according to the regulations;

b) no text reports of State administration authority on the situation arises and hazardous waste management regulations;

c) Not notified in writing and return the waste source owner registration book for the State Management Agency of competent jurisdiction upon the termination of activities;

d) does not build or plan preventive measures, preparedness incidents caused by hazardous waste according to the regulations.

2. A fine of from copper to copper 70,000,000 40,000,000 for one of the following behaviors: a) not registered hazardous waste source owner, do not adjust the source owner registration of hazardous waste according to the regulations;

b) infringe regulations on records management for activities related to hazardous waste;

c) not registered, reports in accordance with the competent State agencies of the temporary retention of hazardous waste exceeding the time limit are handled, the destruction in the case have yet to find the server handle, fits destruction.

3. A fine of 100,000,000 VND to 150,000,000 VND for one of the following cases: a) Not classified hazardous waste, to other categories of hazardous waste or with other waste together; do not arrange safe place to temporarily store hazardous waste; not packed, preserved under the category of hazardous waste in the tanks, containers, packaging meet the requirements on safety, technical, guaranteed not to leak, scattered or dispersed into the environment; not labelled as prescribed;

b) transfer, for, sale of hazardous waste for the Organization, the individual has no qualified on management, transport, destruction, disposal of hazardous waste according to the regulations;

c) export of hazardous waste without the written permission of competent State agencies.

4. remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 18. Violation of the regulations on transport of hazardous waste 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) no safe operating procedures the vehicles, specialized equipment;

b) has no plans to control pollution and protect the environment;

c) don't plan on occupational safety and health protection for staff, employees and drive;

d) there are no plans for prevention and response to incidents;

DD) no periodic training plan for officers, staff and drivers about safe operation of the vehicles, appliances; protection of the environment; occupational safety and health protection; Prevention and response to incidents;

e) Don't send resumes cross-border transport agency has the authority under the regulations;

g) there is no written report on the situation of operation of hazardous waste management to send the competent authority under the provisions;

h) did not perform procedures to declare and use hazardous waste according to the regulations;

I) doesn't notice the content license for hazardous waste management committees at district level and social level as specified;

k) had no warning signs, prevention as regulated; transport equipment installed and alert and emergency handling problems;

l) has no plans to treat pollution and protect the environment at the facility when the termination of activities;

m) Not notified in writing and return the licence to manage hazardous waste to the competent authority upon the termination of the prescribed activities.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) no management permit hazardous waste;

b) infringe regulations on records management for activities related to hazardous waste according to the regulations;

c) transport is not registered in circulation;

d) no technical staff specialized in chemical, environment or equivalent to the management, administration, training on technical expertise; or don't have enough team of drivers and operators are trained to ensure the safe operation of the vehicles and equipment;

DD) are not equipped with satellite positioning system (GPS) for the transport of the waste has hazardous properties;

e) vehicles, specialized equipment for collecting, shipping, packing, preserving and storing hazardous waste temporary not designed guarantee according to the provisions on the protection of the environment;

g) no contract guidelines on the transportation of hazardous waste with the Organization, individuals are licensed disposal, destruction of hazardous waste;

h) transport of non-hazardous waste according to the route, distance, time as specified by the competent authority.

3. Fine fellow to 70,000,000 100,000,000 contract for transfer behavior of hazardous waste for other individuals, organizations or sold, for hazardous waste for the Organization, individuals do not have qualified on the management, handling, hazardous waste destruction.

4. additional sanctions: a) deprived of the right to use licenses to manage hazardous waste from 6 (six) months to 12 (twelve) months for violations of the provisions of paragraph 1, points b, c, d, e, f, g and h clause 2 of this Thing.

b) deprived of the right to use the license, certificate of practice from 6 (six) months to 12 (twelve) months for cases of violation of the provisions of paragraph 3 of this article.

5. remedial measures:


a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 19. Violation of the regulations on the protection of the environment with respect to the base of processing, destruction, burying hazardous waste 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) do not report the content license for hazardous waste management committees at district level and social level where the processing facility, destroyed, burying hazardous waste;

b) no text the competent authority report on the situation of operation management of hazardous waste according to the regulations;

c) no fencing and warning signs;

d) Not done properly the process to declare and use hazardous waste according to the regulations;

DD) Not notified in writing and return the licence to manage hazardous waste to the competent authority upon the termination of the operation.

2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) no management permit hazardous waste;

b) infringe regulations on records management for activities related to hazardous waste (false declarations, false reports, to take evidence from the hazardous waste management);

c) Not done right in the license regulations hazardous waste management, the content of the contract processing, destruction, burying hazardous waste;

d) No registration and no text approved by competent authorities appraise the technology of hazardous waste;

DD) no measures to ensure the health and safety of computer network for employees working in establishments handling hazardous waste according to the regulations of the law on labour;

e) do not store hazardous waste before and after processing the dedicated device in accordance with the type of hazardous waste;

g) put into operation before the State Agency has the authority to check, confirm satisfactory reception techniques, hazardous waste landfill.

3. A fine of 100,000,000 VND to 150,000,000 VND for one of the following violations: a) the transfer, sale, hazardous waste for the Organization, the individual has no qualified on management, transport, destruction, disposal of hazardous waste according to the regulations;

b) Zone processing, destruction, burying hazardous waste cannot be guaranteed safe construction techniques, no preventive measures how toxic chemicals will leach into ground water resources;

c) does not have the equipment to prevent and respond to environmental issues;

d) no measures to ensure the conditions of environmental hygiene, avoid spreading poison gas into the environment around them;

DD) no environmental safety distance for residential areas, nature reserves, underground water, surface water sources.

4. additional sanctions: deprived of the right to use licenses to manage hazardous waste from 6 (six) months to 12 (twelve) months for violations of the provisions of paragraph 3 of this article.

5. remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 20. Violation of the regulations on the protection of the environment in importing machines, equipment, means of transportation, raw materials, fuel, materials 1. Fine copper copper 100,000,000 to 70,000,000 for imported machinery behavior, equipment, means of transport, fuel, raw materials, substandard materials, environmental technical regulation.

2. A fine of 150,000,000 VND to 200,000,000 Council for transport behavior, transit of goods, equipment or means likely to cause pollution, environmental degradation, through the territory of Vietnam that has not allowed or not environmental inspections of the State administration of environmental protection.

3. A fine of from 500,000,000 to copper copper 400,000,000 for one of the following violations: a) the import of machinery, equipment, means of radioactive substances, pollution, disease, other toxins not yet cleansed or not capable of cleaning;

b) import of raw materials, fuels, materials, chemicals, goods in the category of State prohibited imports of polluting the environment;

c) import of machinery, equipment, means of transport used for dismantling was not right with the provisions of the law on the protection of the environment;

d) imported substances deplete ozone layer under the international treaties to which the Socialist Republic of Vietnam is a member.

4. additional sanctions: confiscated transportation, contained use to administrative violations.

5. remedial measures: a) forced the re-export or destruction of equipment, machinery, vehicles, raw materials, fuel, materials. Confiscated products worth after the destruction and processed according to the provisions of the law;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution, the spread of disease due to the violation of the provisions in this cause.

Article 21. Violation of the regulations on the protection of the environment in scrap imports 1. A fine fellow to fellow 30,000,000 20,000,000 words for acts not to have the import situation report, using imported scraps as specified.

2. A fine of from copper to copper 70,000,000 40,000,000 for scrap import behavior in one of the following cases: a) no qualified certification of imported waste materials;

b) does not have sufficient conditions for warehousing capacities as specified;

c) no contract to import scrap trustee under the provisions of the law;

d) Not notified in writing to the Department of natural resources and the environment where the production facility or warehouse, the import of scrap dump type, quantity, weight, gate scrap import, transit, storage, gathering and scrap yards where put into production scrap before unloading in accordance with the law.

3. A fine of 100,000,000 VND to 150,000,000 VND for one of the following behaviors: a) the import of scrap not categorized, cleaned or have each disease, materials, articles, merchandise import prohibition under the regulations;

b) No standard processing, environmental technical regulation for impurities away along patchwork for sale, imported or impurities.

4. Fine fellow to 300,000,000 200,000,000 for copper scrap imports acts containing waste.

5. Fine fellow to 300,000,000 400,000,000 copper for scrap import behavior that contains harmful impurities.

6. Fines of from 500,000,000 to copper copper 400,000,000 for the behavior of importing, transit scrap radioactive substances; imported scrap is not in the list of allowed imports of scrap.

7. additional sanctions: deprived of the right to use the qualified certificate import scrap from 6 (six) to 12 (twelve) months for a violation specified in point b, c paragraph 2, items 3, 4, 5 and 6 of this Article.

8. remedial measures: a) forced the re-export or destruction for violations specified in point a, b item 2 of paragraph 3, 4, 5 and 6 of this Article. Confiscated products worth after the destruction and processed according to the provisions of the law;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution, the spread of disease due to the violation of the provisions in this cause.

Article 22. Violation of the regulations on the protection of the environment in livestock and aquaculture 1. A fine from 10,000,000 to 15,000,000 VND VND for home breeding focus area has one of the following behaviors: a) no collection system, waste water treatment, gas and dust, the stench, unpleasant odor, standard technical regulation on waste;

b) solid wastes in livestock are not managed according to the regulations on the management of solid waste, the Savannah environment;

c) Identify pets die due to disease are not managed according to the regulations on hazardous waste management.

2. A fine of 20,000,000 30,000,000 VND to copper for concentrated aquaculture areas have one of the following behaviors: a) waste not be picked, standard processing, the technical standards of the waste;

b) does not recover the environment shortly after decommissioning aquaculture;

c) does not guarantee the sanitation conditions, the use of toxic chemicals or toxic buildup.

3. A fine of 30,000,000 50,000,000 for copper to copper behavior construction of aquaculture focuses on the beach are formed the coastal estuary; mangrove deforestation to aquaculture.

4. remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution, the spread of disease due to the violation of the provisions in this cause.

Article 23. Violation of the regulations on the protection of the marine environment 1. A fine from 5,000,000 VND 2,000,000 VND coming for home, transport goods store on the danger of causing environmental incidents that are not reported to the rescue forces, national rescue, marine police force, the Organization, other relevant individuals according to the regulations.

2. A fine of up to 20,000,000 15,000,000 VND VND for the Organization, individual mining operations, transportation, gasoline, oil, chemicals, radioactive substances and other harmful substances at sea has no plans, manpower, equipment and ensure prevention and environmental incident response.


3. A fine fellow to fellow 40,000,000 20,000,000 words for one of the following behaviors: a) the extraction of sea resources, resources and other activities related to the extraction, use of sea resources improperly under planning using natural resources has been approved;

b) using the methods, tools, means of destruction in the exploitation of resources and marine resources;

c) activities in the area of nature conservation, mangrove forest, the natural heritage of the sea do not comply with the regulations of the Board of management, the provisions of the law on the protection of the environment and the other rules of a relevant law;

d) does not handle standard, environmental technical regulation for waste and other polluting elements from manufacturing operations, business services, construction, transportation, mining, and transportation;

DD) pour the waste from dredging activities, the Creek into the sea without a written consent of the State administration of environmental protection according to the regulations.

4. Fine fellow to 70,000,000 120,000,000 VND for Board conduct the usual waste of the means of transport, the active drilling rigs at sea which are not standard processing, the technical standards of the waste; solid waste dump from land into the ocean without a written consent of the State administration of environmental protection according to the regulations.

5. Fine fellow to fellow 200,000,000 120,000,000 for acts not picked, stored and disposed of according to the regulations on the management of hazardous waste for oil, lubricants, drilling fluids, chemicals and other toxins used in the exploration and exploitation of marine resources.

6. A fine fellow to 300,000,000 200,000,000 from the Council with regard to the behaviour of waste types pour down the natural protected areas, natural heritage, the region has a new natural ecosystems, areas with seasonal or regular breeding of the species of aquatic and sea products.

7. A fine of from 500,000,000 to copper copper 400,000,000 for the behavior spilled hazardous waste, waste containing radioactive material down to the waters of the Socialist Republic of Vietnam.

8. additional sanctions: confiscated exhibits, the means used to administrative violations for violations specified in item 2, 3, 6 and 7 of this Article.

9. the remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 24. Violation of the regulations on the protection of the environment in public, urban, residential 1. A fine from 200,000 to 500,000 Dong Dong for organizations, individuals, communities to manage the Park, amusement, recreation, tourism, market, train station, bus station, dock, Harbour, ferries and other public areas have one of the following behaviors: a) not listing rules on keeping hygiene in public places;

b) there is not enough public sanitary facilities, waste collection equipment meet the requirements of preserving the environmental hygiene as specified;

c) does not have enough force to collectors of waste, environmental hygiene within the prescribed management.

2. A fine of 30,000,000 50,000,000 for the copper to copper production facility, warehouse here does not make rules about safe distance of residential environment: a) Have the highest risk of explosive, inflammable substances;

b) Contains radioactive or strong radiation;

c) Are toxic to health of humans and livestock, poultry;

d) disperse the smell impact human health.

3. Fine fellow to 300,000,000 200,000,000 copper for new construction home residential focus, the condo has handed behaviour put into use without a full and proper implementation of the requirements of environmental protection according to the provisions of article 51 of law to protect the environment.

4. Form of the additional penalty: deprived of the right to use the license, certificate of practice from 6 (six) months to 12 (twelve) months for cases of violation of the provisions in paragraph 2 of this Article.

5. remedial measures: a) enforce rules of law for violations of the provisions of paragraph 1 of this article;

b) enforce rules about environmental safety distance for the settlement stipulated in paragraph 2 of this Article;

c) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 25. Violations of environmental protection in buried 1. Caution or a fine from 200,000 to 500,000 Dong Dong for operations behavior, marinated, move, buried bodies, remains does not guarantee the sanitation requirements as specified.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) the location, distance buried, interred not guaranteed conditions of sanitation, residential landscape;

b) burial, burial pollutes water sources, production;

c) buried, interred not properly planning was approved.

3. the remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 26. Violation of the regulations on the protection of the environment in active tourism and nature conservation 1. Caution or a fine from 200,000 to 500,000 Dong Dong for bad behavior to the environment at Resorts, eco-tourism in nature reserves.

2. A fine of up to 20,000,000 15,000,000 VND VND for bad behavior to the environment in the nature reserve of natural heritage.

3. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) violating the safe distance for nature conservation;

b) unauthorized infringement of natural protected areas, national parks, natural heritage.

4.100,000,000 to 150,000,000 copper fine copper for behavioral nature reserve, National Park, natural heritage of not properly rule on environmental protection.

5. Fine fellow to 400,000,000 300,000,000 contract for behavioral nature reserve, National Park, natural heritage of not properly rule on environmental protection cause degradation of biodiversity, degradation of the environment.

6. additional sanctions: confiscated exhibits, the means used to administrative violations for violations specified in point b of paragraph 3, clause 4 and clause 5 of this Article.

7. remedial measures: a) enforce rules of law for the violation of the provisions of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 27. Violation of regulations on activities, living in the area are the competent State agencies identified as zone due to the level of special environmental hazards to health and human life 1. A fine from 5,000,000 VND 2,000,000 VND to for unauthorized live acts in the area is the competent State agencies identified as zone due to the level of special environmental hazards to health and human life.

2. A fine of 15,000,000 VND to 25,000,000 Council for organizations, individuals with illegal activities in the area are the competent State agencies identified as zone due to the level of special environmental hazards to health and human life.

3. the remedial measures: Forcing within due authority sanctions determined in decision sanctioning administrative violations must cease the unauthorized activity, relocated out of the area.

Article 28. Violating regulations on management of foreign invasive organisms, genetically modified organisms and products 1. A fine of 30,000,000 50,000,000 for copper to copper behavior research, testing, production, business, use, import, export, store and transport the alien invasive organisms, genetically modified organisms and their products do not meet the conditions on biological safety as specified.

2. A fine of from copper to copper 100,000,000 70,000,000 for the violations stipulated in paragraph 1 of this article that cause serious consequences.

3. Form of the additional penalty: confiscated vehicles, tools used for administrative violations.

4. remedial measures: a) the Forced destruction or forced back, taking out the territory of Vietnam foreign invasive organisms, genetically modified organisms and their products do not meet the conditions on Biosafety;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 29. Violation of the regulations on the production, transportation, sales, import, possession, unauthorized use of the substances that cause fire and explosion 1. A fine of 30,000,000 50,000,000 for a bronze to bronze in the Act of production, transportation, sales, storage, use the substances that cause fire and explosion; use the explosive retrieved from the bomb, mines, grenades and other weapons are not properly regulated.

2. A fine of from copper to copper 70,000,000 50,000,000 for the behavior of production, shipping, trading, import of firecrackers.

3. Fine fellow to 70,000,000 100,000,000 contract for violation of the provisions in clause 1 and clause 2 of this pollutes the environment.


4. A fine of 150,000,000 VND to 250,000,000 Council for violations of the provisions of paragraph 1, 2 and 3 of this environmental cause.

5. additional sanctions: confiscated exhibits, the means used to administrative violations.

6. remedial measures: a) the Forced destruction of firecrackers for a violation specified in paragraph 2, 3 and 4 of this Article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the legal acts specified in this cause.

Article 30. Breach of rules on withdrawal, handled the expired products used or disposed of 1. A fine fellow to fellow 30,000,000 20,000,000 words for acts not recover, treat the expired products used or disposed according to regulations.

2. A fine of from copper to copper 70,000,000 50,000,000 for violations of the provisions of paragraph 1 of this article to pollute the environment.

3. the remedial measures: a) the Forced withdrawal, handled the expired products used or disposed as prescribed;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 31. Violation of the regulations on environmental recovery at the end of the exploration activities, exploitation of natural resources 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not mapping the area of extraction, processing radioactive ore ended operation as prescribed;

b) does not report the results of the environmental recovery at the end of the exploration activities, exploitation of natural resources for the Agency to have the authority under the regulations.

2. A fine of from copper to copper 100,000,000 70,000,000 for acts not renovating, restoring the environment at the end of the exploration activities, exploitation of natural resources in accordance with the exception provided for in paragraph 3 of this article.

3. Fine fellow to 150,000,000 VND 200,000,000 for acts not renovate, restore the environment after the end of each stage or finishing the entire exploration, mining of radioactive ores.

4. remedial measures: Forcing environmental restoration as prescribed for violations of the provisions in paragraph 2 and paragraph 3 of this article.

Article 32. Violation of the rules on prevention of oil spills in the petroleum activities, maritime and leak problems, other oil spill 1. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) Not fitted with means of prevention of leaking oil, oil, oil spill fire as prescribed;

b) with no methodology, prevention of oil leakage, fire explosion, oil spill oil as specified;

c) Not planning the response to the spill, was approved by the authorized under regulations.

2. A fine of from copper to copper for 40,000,000 20,000,000 acts causing the problem of oil leakage, the oil fire, oil spill with oil volume under 2 tons.

3. Fine fellow to fellow 80,000,000 40,000,000 for the behavior that caused the problem, oil leak oil fire, oil spill with oil volume from 2 tons to 50 tons.

4. A fine of 80,000,000 contract to 150,000,000 VND for the behavior that caused the problem, oil leak oil fire, oil spill with oil volumes from 50 tons to under 100 tons.

5. Fine fellow to 150,000,000 VND 250,000,000 for acts causing the problem of oil leakage, the oil fire, oil spill with oil volume from 100 tons to under 2,000 tons.

6. Fine fellow to fellow 400,000,000 250,000,000 for acts causing the problem of leakage of oil, oil, oil spill fire with over 2,000 tons of oil volume.

7. remedial measures: a) enforce rules of law for violations of the provisions of paragraph 1 of this article;

b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must implement measures to overcome environmental pollution due to the violation of the provisions in this cause.

Article 33. Violation of the rules on rescue, troubleshoot the environment 1. A fine from 5,000,000 VND 2,000,000 VND to for untimely acts announced for the State administration of environmental protection and the State authorities have jurisdiction where the closest when environmental incidents detected;

2. A fine of 20,000,000 30,000,000 VND to Council for misconduct or improper Executive Executive ordered the mobilization of emergency resources, materials, means to troubleshoot environment.

3. A fine of 50,000,000 50,000,000 for copper to copper acts don't make these measures in its responsibility to promptly troubleshoot environment.

4. A fine of 150,000,000 VND to fellow 250,000,000 for the acts causing environmental problems.

5. Fine fellow to 400,000,000 300,000,000 contract for violation of the provisions of paragraph 4 of this Article without making troubleshoot environment.

6. remedial measures: Forcing within due authority sanctions determined in decision sanctioning administrative violations must implement measures to overcome environmental pollution, the resolve environment because the violations stipulated in this cause.

Article 34. Violation of the regulations on the provision of consultancy services reporting environmental impact assessment, evaluation services report environmental impact assessment 1. Fine copper copper 25,000,000 to 15,000,000 for the behavior provides consultancy services reporting environmental impact assessment, evaluation services report environmental impact assessment when not eligible according to the rules.

2. A fine of from copper to copper 100,000,000 70,000,000 for supply behavior consulting services reporting environmental impact assessment violated the provisions in clause 1 of this causing serious consequences.

3. the remedial measures: Forcing overcome consequences of violations of provisions in this cause.

Article 35. Violation of the regulations on environmental protection charges filed, margin improvement, environmental restoration and liability insurance for environmental damage compensation 1. Sanctioning administrative violations for violations of regulations on environmental protection charges filed as follows: a) 0.05% per day Penalty calculated on the amount of slow charge filed against slow behavior file charges;

b 10% Penalty fee amount) lack for false declaration behavior leads to a lack of money to pay the fees;

c) Fine from 1 to 3 times the amount of the fees for filing fee evasion behaviour.

2. A fine of from copper to copper 100,000,000 70,000,000 for not depositing behavior improvement, environmental restoration in the mining of natural resources, according to the regulations.

3. A fine of 100,000,000 VND to 150,000,000 VND for the organizations and individuals who do not purchase insurance responsible for environmental damages as prescribed.

4. remedial measures: enforce correct provisions of the law on fees, margin improvement, environmental restoration and liability insurance of environmental damages for violations of the provisions of this Article.

Article 36. Violation of the regulations on income, manage, exploit, use of data, information on the environment 1. Caution or a fine from 200,000 to 500,000 Dong Dong for unauthorised acts impedes the monitoring, collect, Exchange, exploitation, use of data, information on the environment.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) provides data, information on the environment is not properly functioning, the authority;

b) not published, offers, public information, environmental data according to the regulations.

3. A fine fellow to fellow 30,000,000 20,000,000 words against unauthorized penetration behavior in data storage systems, information about the environment.

4. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) No statistics, storing data on the impacts on the environment, on the sources of waste, waste from the operation of the production facilities, business, services or manufacturing areas, business services, regulatory focus;

b) Not filed a full census, survey, monitoring and other relevant documents to store data, information on the environment regulations.

5. Fine fellow to fellow 70,000,000 50,000,000 for misleading behavior, erased data, information on the environment.

6. Fine fellow to 100,000,000 đồng 70,000,000 for the behavior provides the metrics calculations, the results of the investigation, survey the dishonest to store data, information on the environment.

7. Fine fellow to 100,000,000 150,000,000 VND for falsifying information behaviour causing serious consequences.

8. remedial measures: enforce correct provisions of the law for violations of the provisions of paragraph 2, 4 and 6 of this Article.

Article 37. Violation of regulations on the protection, use of works, equipment and means of service activities environmental protection 1. Caution or a fine from 200,000 to 500,000 Dong Dong for one of the following behaviors: a) obstruct the exploitation, use environmental protection works;

b) planting trees affect the safe corridors of engineering works to protect the environment.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for acts of unauthorized movement of equipment, machinery and environmental monitoring.

3. A fine from 10,000,000 to 15,000,000 Board Council for construction behavior affect the safe corridors of engineering works to protect the environment.

4. A fine of 15,000,000 VND to 25,000,000 Council for acts damaging the equipment and works to protect the environment.

5. remedial measures: a) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations are removed, relocate the work, the plant in case of violation of the provisions of paragraph 1 and paragraph 3 of this article;


b) within the time limit Required by people with the authority to sanction posited in the decision sanctioning administrative violations must restore the original status has been changed due to violations of the rules in this cause.

Article 38. Violation of regulations on democracy made on the protection of the environment 1. Caution or a fine of from 500,000 to 2,000,000 VND VND for the Organization, the individual production management, sales, service; home base business, manufacturing, non-public service to the people, who labor in manufacturing, business services, about the situation of the environment, preventive measures, limited adverse impact on the environment and remedy polluted, degraded as specified.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not to organize the dialogue about the environment at the request of the State Agency on environment protection and other organizations and individuals have asked for dialogue or under letters of complaints, accusations, claims of the organisation or individual concerned under the regulation.

3. the remedial measures: Forced to comply to the provisions of the law for violations of the provisions of this Article.

Article 39. Acts impedes the operation of State management, inspection, testing, sanctioning administrative violations of environmental protection 1. A fine from 5,000,000 VND 2,000,000 VND to for one of the following behaviors: a) cause difficulties for the work of investigation, research, control, reviews the current state of the environment or the public service activities of the authority;

b) stated, actions that threaten, insult, insults honor for people who are on duty;

c) refused to accept the decision to inspect, test, decide the coercive enforcement of the decision sanctioning administrative violations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) does not make the Declaration, declaration or declaration, declare the dishonest, not on time as required by the person on duty, the agency authorized State management;

b) Not provided or provided incomplete information, documentation related to the inspection, testing and sanctioning administrative violations of the duty, the State Agency has jurisdiction;

c) hinder the work of inspection, the inspector or the person entrusted with the inspection, the Inspector.

3. A fine of 30,000,000 VND to 40,000,000 for the copper acts arbitrarily remove seal exhibits, vehicles, buildings, machinery, equipment violations are being sealed, custody or arbitrarily changed the scene of administrative violations.

4. A fine of up to 50,000,000 copper copper 40,000,000 for one of the following behaviors: a) postpone, evade does not enforce the administrative decision, the decision to inspect, test, decide on handling administrative violations of the person or the competent authority;

b) SWAT who are on duty.

5. remedial measures: enforce the requirements of the person or the governing body of the competent State.

Section 2 JURISDICTION and procedure SANCTIONS Article 40. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of social rights has: a) caution;

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

c) confiscated exhibits, the means, the tools used for administrative violations worth up to 2,000,000;

d) Forced to restore original state has been changed due to administrative violations cause;

Required environmental recovery); enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

e) forced the destruction of goods and products pollute the environment;

g) Forced in the fixed time limit must be done right, full of content included in a commitment to protect the environment, environmental protection project in nature and scale that corresponds to the object must set the environmental commitment has been confirmed;

h) forced to operate procedures for environmental treatment;

I) Forcibly relocating the plant affect the technical security of the corridor works to protect the environment.

2. President of the district-level people's committees have the right to: a) caution;

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

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations in the field of environmental protection;

DD) Forced to restore original state has been changed due to administrative violations caused, forced the scrapping of the unauthorized building works;

e) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

g) forced the destruction of firecrackers, goods and products, environmental pollution caused;

h) apply the measures provided for in point dd, e, h, i, l, m and paragraph 3 of article 3 of this Decree.

3. The Chairman of the provincial people's Committee has the right to: a) caution;

b) fines up to 500,000,000;

c) Deprived the right to use the environmental license in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) Forced to restore original state has been changed due to administrative violations cause;

e) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

g) pressed out of the territory of Vietnam or forced back the waste, scrap materials, goods and vehicles imported incorrectly rules on the protection of the environment or pollute the environment has taken on in the water;

h) forced the destruction of firecrackers, goods and products, environmental pollution caused;

I) apply the measures provided for in point dd, e, g, h, i, k, l and m paragraph 3 of article 3 of this Decree.

Article 41. The authority sanctioning administrative violations of people's public security 1. Campaign for environmental police are on duty have the right: a) caution;

b) a fine of up to 200,000.

2. Police social has the right: a) caution;

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

c) confiscated exhibits, the means, the tools used for administrative violations worth up to 2,000,000;

d) Forced to restore original state has been changed due to administrative violations cause;

DD) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

e) forced the destruction of goods, products, environmental polluters;

g) Forced in the fixed time limit must be done right, full of content included in a commitment to protect the environment, environmental protection project in nature and scale that corresponds to the object must set the environmental commitment has been confirmed;

h) forced to operate procedures for environmental treatment;

I) Forcibly relocating the plant affect the technical security of the corridor works to protect the environment.

3. The Chief of the environmental police, police districts have the right: a) caution;

b) a fine of up to 10,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) forced the destruction of firecrackers, goods and products, environmental pollution caused;

e) Forced to restore original state has been changed due to administrative violations cause;

g) Forcing recovery environment, enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) apply the measures provided for in point dd, e, h, l, m and paragraph 3 of article 3 of this Decree.

4. the Director of the Police Department of the environment has the right to: a) caution;

b) fines up to 500,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) forced the destruction of firecrackers, goods and products, environmental pollution caused;

e) Forced to restore original state has been changed due to administrative violations cause;

g) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) apply the measures provided for in point dd, e, g, h, i, k, l and m paragraph 3 of article 3 of this Decree.

Article 42. The authority sanctioning administrative violations of the specialized inspection 1. Specialized inspectors of environment protection of the Department of natural resources and environment, Ministry of natural resources and the environment are on duty have the right: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, the means, the tools used for administrative violations worth up to 2,000,000;

d) forced the destruction of firecrackers, goods and products, environmental pollution caused;

DD) Forced to restore original state has been changed due to administrative violations cause;

e) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

g) Forced in the fixed time limit must be done right, full of content included in a commitment to protect the environment, environmental protection project in nature and scale that corresponds to the object must set the environmental commitment has been confirmed;

h) forced to operate procedures for environmental treatment;

I) Forcibly relocating the plant affect the technical security of the corridor works to protect the environment.

2. The Chief Inspector of the Department of environment and natural resources has the right to: a) caution;

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

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) forced the destruction of firecrackers, goods and products, environmental pollution caused;

e) Forced to restore original state has been changed due to administrative violations cause;

g) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) apply the measures provided for in point dd, e, g, h, i, k, l and paragraph 3 of article 3 of this Decree.


3. The Chief Justice Inspector of the General Directorate of the environment has the right to: a) caution;

b) fines up to 300,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) forced the destruction of firecrackers, goods and products, environmental pollution caused;

e) Forced to restore original state has been changed due to administrative violations cause;

g) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) apply the measures provided for in point dd, e, g, h, i, k, l and paragraph 3 of article 3 of this Decree.

4. The Chief Inspector of the Ministry of natural resources and the environment has the right to: a) caution;

b) fines up to 500,000,000;

c) Deprived the right to use the license, certificate of practice in the jurisdiction;

d) confiscated exhibits, the means, the tools used for administrative violations;

DD) forced the destruction of firecrackers, goods and products, environmental pollution caused;

e) Forced to restore original state has been changed due to administrative violations cause;

g) Forcing environmental restoration; enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

h) apply the measures provided for in point dd, e, g, h, i, k, l and paragraph 3 of article 3 of this Decree.

43 things. The authority sanctioning administrative violations of environmental protection of the State administration and the State Inspector organization specialized in addition to those who have the authority to sanction prescribed in articles 40, 41 and 42 of this Decree, the authority sanctioned under the provisions of the Ordinance on handling administrative violations if it detects that the acts administrative offences specified in this Decree and the geographical areas in which the management has the right to sanction but must follow the provisions of the law on the handling of administrative violations.

Article 44. Procedure for sanctioning of administrative violations 1. Procedure for sanctioning of administrative violations in the field of environmental protection are applied according to the provisions of Chapter VI Ordinance handling administrative violations and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2002.

2. Who has the authority to sanction administrative violations specified in article 40; item 2, 3, and paragraph 4 Article 41; item 2, 3, and paragraph 4 to article 42 of Decree may authorize deputies made the authority sanctioning administrative violations and process manufacturing, sales, service. The authorization must be made in writing. Deputies are authorized to bear the responsibility for the decision to sanction the violation of his administration before the Chief level and before the law.

For other cases, the implementation of an authorization made under the provisions of article 41 of the Ordinance on handling administrative violations.

Article 45. Deprived of the right to use the license 1. When the decision to strip the right to use the environmental permit, the person has the authority to set the minutes, stating the reason deprived of the right to use the license according to the content of the provisions of article 59 of the Ordinance on handling administrative violations, and is forced to suspend operations.

The Duke the right to use the license is only made when the decision in writing by the competent person specified in paragraph 2 and paragraph 3 Article 40; clause 3 and clause 4 Article 41; paragraph 2, 3 and 4 Article 42 and article 43 of this Decree. The decision must be sent to the individual, organization, processing at the same time notify the Agency has licensed it to know.

Competent person specified in article 40, 41, 42 and 43 of this Decree has the right to propose the environmental licensing authority to revoke the licence.

2. When the expiry stated in the decision on punishment, the Authoritive sanction must return the license for the Organization, individuals are using the license.

Article 46. When the rules apply remedial measures 1. Who has the authority to sanction specified in article 40, 41, 42 and 43 of this Decree when it decided to apply remedial measures must be based on the rule of law, the level of actual damage due to administrative violations cause and be responsible before the law about his decision.

2. Individuals, being held to apply remedial measures to enforce the sanctions that within ten days after being handed the decision to sanction, unless the law otherwise. Case of non-enforcement would be coercive in the allotted time. Costs for the continued coercive organizations by individuals, organizations coerced responsible.

3. In the case of the exhibits, means of administrative violations of environmental protection are confiscated or destroyed then must set the minutes signed by the decision, the person fined, witnesses and exhibits handling administrative violations in accordance with the provisions of article 60 and article 61 of Ordinance on handling administrative violations.

Article 47. Collecting, filing, management and use of fines.

1. organizations, individual administrative violations in the field of environmental protection fined, the fine to be paid at the place where the decision to sanction the recorded and get receipts.

2. procedure for collecting, fine, manage and use proceeds from sanctioning administrative violations are made according to the provisions of the law.

3. The Ministry of finance, in collaboration with the Ministry of natural resources and the environment Guide for details of the collection, submission, management and use of the proceeds from sanctioning administrative violations in the field of environmental protection to inspection, monitoring, inspection, handling administrative violations , public information about the situation of pollution and violation of the law on the protection of the environment and active capital additions for the Vietnam environmental protection Fund and local environmental protection Fund.

Chapter III PROVISIONAL SUSPENSION, FORCED RELOCATION, all activities, PUBLIC INFORMATION for MANUFACTURING, business services, ENVIRONMENTAL polluters, which CAUSE SERIOUS ENVIRONMENTAL pollution Article 48. The production facilities, business services, be applied temporary forms of active suspension, forced relocation or prohibited activities, public information 1. The production facilities, business services, be applied temporarily suspended form works: a) production facilities, business services, located in the list causing environmental pollution, which cause serious environmental pollution caused by the competent authority issued without implementation of the environmental measures within the time limit prescribed by the competent State agencies the rights;

b) production facilities, business services, in audience is causing environmental pollution, which cause serious environmental pollution according to criteria by Ministry of natural resources and environmental regulation have sanctioned administrative offense specified in point g item 2, points e and g of paragraph 3 point , point e e and g point paragraph 4, point b, c and d terms of 5 and clause 6 article 10; point g paragraph 3, point e and g point paragraph 4, point e e and g points account 5, points d, e, f and g of paragraph 6, point b and c clause 7 and clause 8 article 11; clause 4 and clause 5 article 14; point h paragraph 3, clause 4 and clause 5 article 16; paragraph 4 to article 29; clause 4 and clause 5 Article 33 of this Decree.

c) production facilities, business services, in audience is causing environmental pollution, which cause serious environmental pollution according to criteria by Ministry of natural resources and the environment the regulations violate the provisions of the law on the protection of the environment constantly, stretching, causing serious environmental pollution serious influence to human health;

d) production facilities, business services, the Executive decided to apply no form of forced relocation of the competent bodies.

2. The production facilities, business services, service being applied forms of forced relocation: a) production facility, warehouse sanctioned administrative offense as defined in clause 2 article 24 and art. 3 of 26 of this Decree;

b) production facilities, business services located in catalog causing serious environmental pollution to relocate following a decision of the competent authority.

3. The production facilities, business services, prohibited activities: a) production facilities, business services, service has been temporarily suspended activities within a period of 3 years from the date of confirmation has completing environmental protection measures as prescribed in paragraph 4 to article 49 of this decree but continues in the case prescribed in clause 1 Article 48 of the This one;

b) production facilities, business services located in catalog causing serious environmental pollution banned by decision of the competent authority.

4. Production facilities, business services, service was public information about the situation of pollution and violation on electronic information page of the Department of natural resources and the environment, the provincial people's Committee, the Ministry of natural resources and the environment, on the 3rd row of the resource and the Environment Report and the notice on the other mass media with regard to the violation of the provisions of point g item 2; point e and g point paragraph 3, point e e and g account point 4; clause 5 and clause 6 article 10; g-spot account 4, point e and g points account 5, point e e and g of paragraph 6, paragraph 7, and Article 8, paragraph 11; paragraph 4 Article 12; point b item 2 article 13; Article 15; VND points, e, g and h clause 3; clause 4 and clause 5 article 16; paragraph 3 article 17; paragraph 3 to article 18; paragraph 3 article 19; Article 20; paragraph 3, 4, 5 and 6 article 21; paragraph 3 to article 22; paragraph 3, 4, 5, 6 and 7 Article 23; paragraph 3 article 24; item 2, 3, 4 and 5 to article 26; item 2 Article 28; paragraph 4 to article 29; paragraph 2 and paragraph 3 article 31; paragraph 3, 4, 5 and 6 to article 32; clause 4 and clause 5 Article 33; item 2 Article 34.

Article 49. Jurisdiction and procedure of granting temporary suspension of operation 1. The authority imposed a temporary suspension of form works: a) the Chairman of the provincial people's Committee decided to apply a temporary form until the act done for environmental protection measures for production facilities, sales, service;


b) Department of natural resources and the environment, in cooperation with the public security, the central cities (hereafter referred to as provincial public security), the people's Committee at district level where production facilities, business services and related agencies to monitor the implementation of the decision granting the interim suspension and completed the verification measures the environment of the production base, sales, service.

2. procedure for granting temporary suspension of activities: a) within 15 (fifteen) working days from the time of detection of environmental pollution causing establishments in cases specified in point a and point c of paragraph 1 to article 48 of this Decree, the Department of natural resources and environment, chaired , in cooperation with relevant agencies to complete the profile, the Chairman of the provincial people's Committee of review, the decision to apply a temporary form of suspension.

b) in the case provided for in point b and point d Article 48 paragraph 1 of this Decree, after decision sanctioning administrative violations, Chairman of the provincial people's Committee directed the Department of natural resources and the environment, in collaboration with the relevant agency raging applcation , the Chairman of the provincial people's Committee decision to apply temporary forms of suspension within 15 (fifteen) working days.

The base case production, sales, services of administrative infringements sanctioned and authorized sanctions is the Chief Inspector of the Ministry of natural resources and the environment, the Chief Justice Inspector of the General Directorate of the Environment Department of the Ministry of natural resources and environment, Director of Department of environmental police and other sanctions authorities which in the case of granting temporary suspension then within 5 (five) working days from the date of the decision to sanction must submit the text of recommendations accompanied the decision to sanction and a profile service for the President of the provincial people's Committee, which has production facilities, business services to a decision granting the interim suspension.

c) within 15 (fifteen) working days from the date of receiving the dossier mentioned in point a and point b of this paragraph, the Chairman of the provincial people's Committee decision to apply temporary form to suspend operations.

The decision to apply a temporary form of suspension must specify the reason for temporarily suspended operations, the time limit is temporarily suspended operations to ensure the complete implementation of environmental protection measures, the beginning of application of temporary measures, environmental protection measures are implemented implementation monitoring bodies, and the responsibility of the base were forced to adopt interim measures suspending the operation;

d) within a period of 3 (three) working days from the date issued, the decision to apply a temporary form of suspension must be sent for production facilities, business services, service was temporarily suspended operations, Ministry of natural resources and environment and related agencies;

DD) Department of natural resources and the environment, in collaboration with provincial public security, the people's Committee at district level where production facilities, business services and related agencies held sealed buildings, machinery, equipment of production facilities, business services, service was temporarily suspended operations on start application form temporary suspension of operations noted in the decision.

3. Content of the decision granting the interim suspension is prescribed in this article should be posted on the website of the Department of natural resources and the environment, the provincial people's Committee, the Ministry of natural resources and environment and posted in 3 consecutive numbers on resources and the environment.

4. Production facilities, business services, only to be allowed back after the Department of natural resources and the environment check, confirmation has completing environmental protection measures are stated in the decision to temporarily suspend operations.

Article 50. The authority, the procedure applied forms of forced relocation 1. Authority to apply this form of forced relocation: a) the Prime Minister decided to apply this form of forced relocation for production facilities, business services, under the authority of the investment policy approved by the Prime Minister;

b) Chairman provincial people's Committee decided to apply a form of forced relocation for production facilities, business services, service, except in case the Authority decided to adopt the form of forced relocation of the Prime Minister specified in point a of this paragraph.

2. procedures applied forms of forced relocation for cases specified in point a of paragraph 2 Article 48 of this Decree: a) the case of the people's Committee Chairman granted the province a decision sanctioning administrative violations with regard to production facilities, business services with administrative violations in item 2 article 24 and art. 3 of this Decree 26 Articles then within 20 (twenty) working days from the date of issuance of decision sanctioning administrative violations, the Chairman of the provincial people's Committee directed the Department of natural resources and the environment, in collaboration with relevant agencies to complete the profile, the Chairman of the provincial people's Committee. Within 20 (twenty) working days from the date of receiving the application, the Chairman of the provincial people's Committee consideration, decided to apply this form of forced relocation by the authority or send the text of recommendations accompanied the decision to sanction and a record for the Minister of natural resources and the environment for the base case production business, services were forced to relocate in the authority of the Prime Minister;

b) where the Chief Inspector of the Ministry of natural resources and the environment, the Chief Justice Inspector of the General Directorate of the Environment Department of the Ministry of natural resources and environment, Director of Department of environmental police and other sanction authority decision sanctioning administrative violations that production facilities, business services, in the case of applied forms of forced relocation , within 5 (five) working days from the date of the decision sanctioning administrative violations to send writing recommendations that accompanied the decision to sanction and a profile service for the President of the provincial people's Committee, which has production facilities, business services, service for the case forced the relocation of applicable jurisdiction Committee Chairman provincial or people send the text of recommendations accompanied the decision to sanction and a record for the Minister of natural resources and the environment with regard to cases of forced relocation in the authority of the Prime Minister;

c) within a period of 20 (twenty) working days from the date of receiving the dossier mentioned in point a and point b of this clause:-Chairman of the provincial people's Committee consideration, decided to apply this form of forced relocation for production facilities, business services, service jurisdiction;

-The Minister of natural resources and the environment to consider, the Prime Minister decided to apply this form of forced relocation.

Within a period of 30 (thirty) working days from the date of receiving the application, the prime consideration, decided to apply this form of forced relocation.

d) decided to adopt the form of forced relocation must specify the reason for forced relocation, the time begins to apply this form of forced relocation, the time limit to complete the relocation implementation monitoring bodies, and the responsibility of the base were forced to adopt this form of forced relocation.

Within a period of 3 (three) working days from the date issued, the decision to apply this form of forced relocation must be sent for production facilities, business services, forced relocation, the Prime Minister, the Ministry of natural resources and the environment, the provincial people's Committee, which has production facilities, business service, forced relocation and other related agencies.

3. As for the case of application of forced relocation form specified in point b of paragraph 2 Article 48 of this Decree, within 30 (thirty) working days from the date a decision is issued listing causing serious environmental pollution of the competent person, the Chairman of the provincial people's Committee has the responsibility of the Organization made the decision to apply form forced relocation of production establishments, business, local services management.

4. The Chairman of the provincial people's Committee directed the Department of natural resources and the environment, in collaboration with provincial public security, the people's Committee at district level where production facilities, business services and related agencies monitoring organization made the relocation of production facilities business, services were forced to relocate.

Within the implementation of coercive decisions forced relocation, production facilities, business services, forced relocation was applied a temporary form of active suspension under the provisions of article 49 of this Decree. In this case, the Chairman of the provincial people's Committee can make a decision including the application form temporarily suspended operations and coercive measures forced relocation.

5. content decided to apply this form of forced relocation is specified in this article should be posted on the website of the Department of natural resources and the environment, the provincial people's Committee, the Ministry of natural resources and environment and posted in 3 consecutive numbers on resources and the environment.

Article 51. The authority, the procedure applied forms of prohibited activities 1. Authority granting prohibited activities: a) the Prime Minister decided to apply a form of prohibited activities with respect to production facilities, business services, under the authority of the investment policy approved by the Prime Minister;

b) Chairman provincial people's Committee decided to adopt the form of prohibited activities with respect to production facilities, business services, except in case the Authority decided to adopt the form of banned activities of the Prime Minister specified in point a of this paragraph;

2. procedures applied forms of prohibited activities with respect to the cases stipulated in art. 3 Article 48 of this Decree: a) within the time limit of 20 working days from the date of detection manufacturing facilities, business services, in the case provided for in point a paragraph 3 Article 48 of this Decree, the Department of natural resources and the environment who has the authority sanctioning administrative violations must file a report of people's Committee Chairman granted the province where production facilities, sales, service;


b) within a period of 20 (twenty) working days from the date of receiving the report of the Department of natural resources and environment, the Chairman of the provincial people's Committee decided to adopt the form of prohibited activities with respect to production facilities, business services, according to the authority or send the text of recommendations accompanied by a resume service for the Minister of natural resources and the environment for schools case banned under the authority the decision of the Prime Minister;

c) within a period of 30 (thirty) working days from the date of receiving the application, the Minister of natural resources and the environment to consider, the prime consideration decided to apply a form of prohibited activity;

d) within a period of 30 (thirty) working days from the date of receiving the application, the prime consideration, decided to adopt the form of prohibited activity;

DD) decided to adopt the form of prohibited activity must specify the reason for prohibiting activities, time to cease the activity, duration of implementation of measures to resolve the problems that arise when the basis of prohibited activities, implementation and monitoring bodies the responsibility of the base were forced to adopt the form of prohibited activity;

Within a period of 3 (three) working days from the date issued, the decision to adopt the form of banned works must be sent for production facilities, business services, prohibited activities, the Prime Minister, the Ministry of natural resources and the environment, the provincial people's Committee, which has production facilities, business service, forced relocation and other related agencies.

3. for case apply form of prohibited activities specified in point b of paragraph 3 to article 48 decrees, within 30 (thirty) working days from the date of the decision issued the list causing serious environmental pollution of the competent person, the people's Committee Chairman responsible provincial organization made the decision to apply image officially prohibited the activities with production facilities, business, local services management.

4. The Chairman of the provincial people's Committee directed the Department of natural resources and the environment, in collaboration with provincial public security, the people's Committee at district level where production facilities, business services and related agencies monitoring organization made the decision to adopt the form of prohibited activities with respect to production facilities business, services.

5. content decided to apply this form of prohibited activities specified in this Article should be posted on the website of the Department of natural resources and the environment, the provincial people's Committee, the Ministry of natural resources and environment and posted in 3 consecutive numbers on resources and the environment.

6. Basis of prohibited activity must implement measures to relocate, preserved, processed, standard technical regulation for flammable, explosive, radioactive substances or have strong radiation, toxic substances have on the health of humans and livestock, poultry, scent dispersal negatively affect human health and solve related problems arise when the body the facility banned under the provisions of the law.

7. the coercive enforcement of decisions granting prohibited activities: expiry must complete the activity for which the termination of production facilities, business services, service being applied forms of prohibited activity is not active, the President of the provincial people's Committee decision to coercive and coercive execution of the organization.

Article 52. Coercive measures, case of coercive and coercive authority 1. Coercive measures: a) provides electric, water, and related services;

b) coercive dismantling works, machinery and equipment;

c) blockade of deposit accounts;

d) revoking the tax code, suspend the use of the Bill;

DD) revoke the certificate of registration, license and operated, licensed.

2. Production facilities, business services, the Executive decided not to apply the temporary form of active suspension, forced relocation, all active, coerced as follows: a) Being measures stipulated in art. 1 of this article to coercive enforcement of the decision to temporarily suspend operations;

b) Be applied one or the measures provided for in point a and point b of paragraph 1 of this article to coercive enforcement of the decision forced relocation;

c) Were applied one or the measures stipulated in paragraph 1 of this article to coercive enforcement of the decision to ban the activity.

3. The authority decide coercive: the Chairman of the provincial people's Committee has the authority to decide coercive enforcement of decisions granting provisional suspension, forced relocation, all works for production facilities, business services, under the authority of its decision and of the Prime Minister (hereafter referred to as coercive decisions).

Article 53. Coercive decisions 1. The coercive enforcement of decisions granting provisional suspension, forced relocation, all operation is done only when a decision is coercive.

2. coercive decisions include the following: day, month, year of decision; coercive decision-making base; name, position of the compulsive decision; the name of the base, headquarters of the address object coerced; the reason coercion; coercive measures; time, location taken coercive; the Agency, the agency coordinating the implementation of coercive decisions; organizations and individuals involved in the implementation of coercive decisions; signature of the decision; the seal of the agency decision.

3. The decision shall be sent to the compulsive coerced audience and organization of relevant individuals within 5 (five) working days before implementation of coercive; coercive decisions must be submitted to the Ministry of natural resources and the environment.

Article 54. The procedure of enacting coercive decisions 1. Coercive enforcement of decisions granting provisional suspension: a) Too time start applying temporary measures act that production facilities, business services, service continues to operate or when production facilities, business services, voluntarily sealed, the Department of natural resources and the environment suggest level people's Committee Chairman the coercive decisions;

b) within 15 (fifteen) working days from the date of receiving the recommended records of the Department of natural resources and environment, the Chairman of the provincial people's Committee are coercive decisions.

2. the coercive enforcement of the decision apply form of forced relocation: a) Too was due to complete the relocation that production facilities, business services, have not yet completed the relocation, the Department of natural resources and the environment suggest that people's Committee Chairman granted the coercive decisions;

b) within 15 (fifteen) working days from the date of receiving the recommended records of the Department of natural resources and environment, the Chairman of the provincial people's Committee are coercive decisions.

3. the coercive enforcement of decisions granting prohibited activities: a) expiry must complete the activity for which the termination of production facilities, business services, service not yet terminated operations, the Department of natural resources and the environment suggest that people's Committee Chairman granted the coercive decisions;

b) within 15 (fifteen) working days from the date of receiving the recommended records of the Department of natural resources and environment, the Chairman of the provincial people's Committee are coercive decisions.

Article 55. Responsible for organizing the implementation of coercive decisions 1. Chairman of the provincial people's Committee directed the implementation of the decision.

The Department of natural resources and the environment, in collaboration with provincial public security, the people's Committee at district level where production facilities, business services and other relevant agencies the Organization made the decision.

2. the people's committees at district level where the object is coerced is responsible for directing the relevant authorities to coordinate implementation of the coercive.

3. the people's police force is responsible for ensuring the orderly, safe in the process of coercive force disposition, preventing disruptive behaviour in time, against the person on duty in the course of enforcement of the decision.

Article 56. The responsibilities of the organizations and individuals involved in the implementation of coercive decisions 1. Organizations and individuals related to the object being coercive enforcement of the decision to temporarily suspend operations, forced relocation, all operations are responsible for coordinating the implementation of the coercive when required.

2. The contracting authority provides electricity, water services and other related services to stop providing services for production facilities, business, the services coerced from coercive execution specified in the decision.

3. The State Treasury, commercial banks and other credit organizations implement measures to blockade deposit accounts since the time of coercive execution specified in the decision.

4. The Heads of tax authorities revoke the tax code, suspend the use of the Bill since the time of coercive execution specified in the decision.

5. the State Agency has the authority to revoke the certificate of registration or license and active, licensed under the provisions of the law since the time of the coercive provisions of the coercive decisions.

Article 57. Time to enforce coercive decisions 1. Time to enforce coercive enforcement of the decision the decision granting temporary suspension of activities by people with the authority to decide in coercive decisions.

2. Time of execution comply decision decided to apply this form of forced relocation by the authorized person of the decision.

3. decision on coercive enforcement of decisions granting prohibited activities ended in force since production facilities, business services, complete the procedure of dissolving the business, production, services.

Article 58. Competence, procedures measures public information about the situation of pollution and violation of the law on the protection of the environment 1. Who has the authority to sanction violation of administrative violations with regard to violations, decided to apply a temporary form of active suspension, forced relocation, all authorized activities measures public information about the situation of pollution and violation of the law on the protection of the environment.


2. in decision sanctioning administrative violations, decided to apply a temporary form of active suspension, forced relocation, all activity must specify the reason for applying the measures to public information about the situation of pollution, information content, website, newspaper name publicly posted information.

3. Who has the decision granting the interim suspension, forced relocation, all activities, where the agency heads who have decision sanctioning administrative violations sent a copy of the decision sanctioning administrative violations, decided to apply a temporary form of active suspension , forced relocation, all activities and suggested text public information to the newspaper, the Agency in charge of the website within 3 (three) working days from the date of the decision.

The content of the information the public needs include: business name, trading name, organization name, personal offense, field operations, the main business; Head Office address of the business, service, organization of violations; violations of the law in the field of the environment; the process of violation and the consequences caused by the violation; form processing, remedial measures, recovery time.

4. the Report, the Agency in charge of the website upon receipt of the texts suggest that public information is responsible for posted content, sufficient information publicly available at the posted time or subsequently.

Article 59. The responsibilities of the ministries involved in the application of temporary forms of active suspension, forced relocation, all works for production facilities, business services, polluting the environment, causing serious environmental pollution.

The Minister of natural resources and environment, Ministers, heads of ministerial agencies, heads of government agencies in the scope of the task, their powers are responsible for coordination with the Chairman of the provincial people's Committee in the form of temporary suspension of work, forced relocation , all works for production facilities, business services, polluting the environment, causing serious environmental pollution.

Chapter IV the TERMS OF IMPLEMENTATION of Article 60. Effective enforcement of this Decree has effect from the date of March 1st 2010 and replacing Decree No. 81/2006/ND-CP dated 9 August 2006 from the Government regulation on sanctioning administrative violations in the field of environmental protection. Attached to this Decree includes Appendix 5 templates documents and sample 14, decided to use in the processing violates the law in the field of environmental protection.

Article 61. Responsibilities and enforcement 1. The Minister of natural resources and the environment within the scope of the functions, duties, his powers have a responsibility to guide and organize the implementation of this Decree.

2. The Minister of natural resources and the environment, in collaboration with the Minister of public security regulation coordination between the State administration of environmental protection and environmental police force in inspection, test, handle breaking the law on the protection of the environment.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.

 

 
 

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