DECREE amending and supplementing a number of articles of Decree No. 150/2004/ND-CP dated 29 July 2004 of the Government regulation on sanctioning administrative violations in the field of mineral resources.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on mineral Mar. 1996 and law amendments and supplements to some articles of the law on mineral Jun. 14, 2005;
Basing the Ordinance handling administrative violations July 7, 2002;
Considering the recommendation of the Minister of natural resources and the environment.
DECREE article 1. Modifying, supplementing a number of articles of Decree No. 150/2004/ND-CP dated 29 July 2004 of the Government regulation on sanctioning administrative violations in the field of mineral resources, as follows: 1. To modify article 8 paragraph 1 as follows: "1. Caution or a fine from 100,000 to 500,000 Dong Dong for acts not registered plan basic geological investigation of mineral resources property with the State Agency has the authority under the regulations. "
2. Amend article 10 paragraph 1 as follows: "1. Caution or a fine from 100,000 to 500,000 Dong Dong for acts not to announce a plan of exploration with the State Agency has the authority under the regulations."
3. Amendments, supplements article 11 as follows: "article 11. Violating regulations on mining 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following violations: a) do not report mining plan, not on registration begins construction on the mine began production activities with the competent State agencies as prescribed;
b) does not register the area, volume, capacity, equipment, methods and plans to exploit according to regulations for the mining activity is common building materials within the land area of the project works was the State Agency has the authority to approve or allow investments that mining products are only used for building construction that;
c) not submit mine design for State management agencies have the authority under the rules.
2. A fine from 1.000.000 VND to 5 million VND for one of the following behaviors: a) does not make periodic report mode or report wrong data on mining activities to the competent State agencies as prescribed;
b) does not map the current state of the mining regulations.
3. A fine of 2 million to 10 million dong VND for one of the following violations: a) do not pay for the use of data, information on the results of exploration for minerals by the State has invested as specified when the State authorities have the right to written notice silently;
b) Not done or done incorrectly the provisions of law regarding the closure of the mine, environmental recovery, land after extraction.
4. The acts: no mine design or improperly exploit the approved quarry design; There is no Executive Director; mining outside the area or exceed the capacity specified in the extraction permit then sanctioned the following needs: a VND 5 million fine to) 8 million contract for one of the offences stipulated in clause 4 of this in mining operations as raw materials of cement minerals, building materials normally without the use of industrial explosives; peat extraction activities, stone and mineral water;
b) fine from 8 million to 12 million dong VND for one of the offences stipulated in clause 4 of this in mining operations as raw materials for cement, mineral building materials that are normally used in industrial explosives;
c) fine from 12 million to 14 million dong VND for one of the offences stipulated in clause 4 of this in mining operations exposed the mineral type, unless specified at points a, b, e and e points of this clause;
d) fine from 14 million to 16 million dong VND for one of the offences stipulated in clause 4 of this mining activity in the mineral type, unless specified at points a, b, e and e points of this clause;
DD) fine from 15 million to 18 million dong VND for one of the offences stipulated in clause 4 of this activity in mining and rare;
e) fine from 18 million to 20 million dong VND for one of the offences stipulated in clause 4 of this mining activity in special and hazardous.
5. The acts: tapping without license or permit has expired, unless already filed application for renewal the competent agencies are being reviewed under the provisions; mining licence transfer is not true to the rule of law then sanctioned as follows: a VND 10 million fine) to 20 million contract for one of the offences stipulated in paragraph 5 of this Article in mining operations as raw materials for cement, mineral building materials normally without the use of industrial explosives; peat, stone and mineral water;
b) fine from 20 million to 30 million đồng VND for one of the offences stipulated in paragraph 5 of this Article in mining operations as raw materials for cement, mineral building materials that are normally used in industrial explosives;
c) a fine of 30 million to 40 million dong VND for one of the offences stipulated in paragraph 5 of this Article in mining operations exposed the deposits, except the specified minerals at points a, b, e and e points of this clause;
d) fine from 40 million to 60 million đồng VND for one of the offences stipulated in clause 5 of this mining activity in the mineral type, except for the minerals were defined in points a, b, e and e points of this clause;
DD) fine from 60 million to 80 million dong VND for one of the offences stipulated in clause 5 of this activity in mining and rare;
e) fine from 80 million to 100 million dong VND for one of the offences stipulated in clause 5 of this activity in special mining and toxic.
6. additional sanctions and remedial measures: a) deprived of the right to use license from 3 to 6 months or not the deadline for one of the offences stipulated in paragraph 2, paragraph 3, paragraph 4, and case mining under license transfer not properly with the provisions of law specified in clause 5 of this Article;
b) confiscated exhibits, the means used to strike one of the violations specified in clause 4 and clause 5 of this Article;
c) Forced to apply corresponding measures specified in paragraph 3 article 6 of this Decree to fix the consequences of the violations perpetrated ".
4. Amendments, supplements article 13 is as follows: "article 13. Other violations of mineral management 1. Caution or a fine from 100,000 to 500,000 Dong Dong for acts impedes the conduct of illegal activities in basic geological investigation of mineral resources, prospecting, mineral exploration.
2. A fine of from 5 million to 10 million dong VND for acts not signed the lease of land in mineral activity.
3. The acts of buying, selling, transporting, storing and consuming minerals have no legitimate origin then sanctioned as follows: a VND 500,000 fine) to 2 million contract for one of the offences stipulated in paragraph 3 of this article in respect of minerals made of conventional building materials;
b) fine from 2 million to 5 million dong VND for violations of the provisions of paragraph 3 of this article with regard to minerals, except for cases specified in point a, c and d of this paragraph;

c) fine from 5 million to 10 million dong VND for one of the offences stipulated in paragraph 3 of this article for precious minerals, rare;
d) fine from 20 million to 50 million dong VND for one of the offences stipulated in paragraph 3 of this article for the special minerals and toxic.
4. A fine of 10 million to 20 million dong VND for one of the following violations: a) hiding, destruction, harming the quality or buying, selling, illegal transport of geological specimens, special rare minerals under the provisions of the law on mineral resources;
b) When discovered are the mineral point without the report or report untrue with the competent State agencies on the management and protection of mineral resources;
c) reveal information about mineral resources in State secrets but not yet to the extent that prejudice to criminal liability;
d) obstructs alkali operations, Inspector of the minerals of the duty and the competent State agencies;
DD) impedes the activities of extraction and processing of minerals under legal regulations.
5. additional sanctions: a) confiscated exhibits, vehicle for the violation of the provisions in paragraph 3 of this article and geology specimens, particularly minerals and rare being bought, sold, transported illegally.
b) deprived of the right to use the license duration 3 months or indefinitely for violations of the provisions in paragraph 2 of this Article. ", article 2. The Decree has effect after 15 days from the date The report.
The 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.