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Decree 84/2006/nd-Cp: Rules On Compensation, Disciplined, Sanctioning Administrative Violations In The Practice Of Saving, Waste Prevention

Original Language Title: Nghị định 84/2006/NĐ-CP: Quy định về bồi thường thiệt hại, xử lý kỷ luật, xử phạt vi phạm hành chính trong thực hành tiết kiệm, chống lãng phí

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The DECREE stipulates compensation, disciplined, sanctioning administrative violations in the practice of saving, against waste _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law practice of saving, waste prevention on November 29, 2005;
The civil code base on Jun. 14, 2005;
Base Ordinance, 26 February 1998, the Ordinance amending and supplementing some articles of the Ordinance on April 28, 2000 and Ordinance amending and supplementing some articles of the Ordinance, public officials, on 29 April 2003;
Basing the Ordinance handling administrative violations July 7, 2002;
Considering the recommendation of the Minister of finance.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this decree regulating the compensation, disciplined for public servants; sanctioning administrative violations, compensation for agencies, organizations, individuals with violations of the law on thrift practice against waste.
Article 2. Application object 1. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste.
2. Who has the authority and responsibility to handle the compensation, disciplined and sanctioning administrative violations in the practice of saving, against waste.
Article 3. Provisions on compensation for damage, disciplined and sanctioning administrative violations 1. Public servants violate laws on the practice of saving, against waste in the duty causing wasted, compensation for damage and be disciplined as defined in chapter II of this Decree.
Employees working under labor contracts regimen in Agency, State organizations breached the law on thrift practice against waste in the duty to compensate for damage and be disciplined as defined in the labour contract.
2. Agencies, organizations, individuals (including officers, civil servants, public employees not in duty) that violations of the law on the practice of saving, against waste, sanctioned administrative offense and to compensation for damage as defined in chapter III of this Decree.
Article 4. The responsibility of the competent person to handle violation of laws on the practice of saving, against waste authority handles the compensation, disciplined, sanctioning administrative violations that delayed or does not proceed with the procedures relating to compensation for damage, disciplined administrative infringement sanctions, shall be punished according to the provisions of the Ordinance, public servants.
Article 5. Collecting, filing, management and use of fines for administrative violations, compensation of damage 1. The management and use of fines for administrative violations made by Decree No. 124/2005/ND-CP dated 6 October 2005 the Government receipts and fine management, use of money, filed administrative violations.
2. indemnification of damage must be properly collected, sufficient income and are used to determine the amount of compensation, the rest was returned to the Agency, the Organization damage or the State budget.
Chapter II COMPENSATION, DISCIPLINED for public servants 1. COMPENSATION for OFFICERS, PUBLIC OFFICIALS, article 6. The principle of compensation for damage 1. The damage must be compensated the full and timely.
2. The amount of compensation is determined on the basis of the actual damage caused by waste behavior.
3. The review of compensation must be done fairly, openly, objectively and accurately.
4. Compensation is done by Vietnam coins.
Article 7. Determine the amount of compensation for damage 1. With regard to those areas already have norms, standards, or the mode estimation, the amount of compensation is determined based on the difference between the amount calculated norms, standards, or approved estimation mode with real implementation and remedial costs.
2. as for the other case, the amount of compensation is determined by actual costs by wasting causes and remedial costs.
Article 8. Defining compensation responsibility 1. The case acts wasted by a person made, that person must be responsible for compensation for the entire damage.
2. where acts wasted by two or more persons make the same must bear the responsibility of compensation. The liability for compensation is defined corresponds with the level of responsibility and violation of each person; the case does not determine the degree of responsibility of each person's offense and the liability was divided equally for each person.
Article 9. The authority decides on compensation of damage 1. The head, deputies of the head of the Agency, held the site of waste authority decisions on compensation for damage.
2. in case the object prescribed in clause 1 of this article violate laws on the practice of saving, waste prevention, then the head, deputies of the head of the superior authority directly competent decisions on compensation for damage.
Article 10. Council compensation 1. Within 30 days, since the discovery of the behavior causing waste, if the necessary decision-making authority may establish the Compensation Board (hereinafter referred to as the Council) to consider and resolve the compensation of damage.
2. The composition of the Council are: a) authority decides on the compensation stipulated in article 9 of this Decree, the Chairman of the Council;
b) representative trade union organization of the same leadership levels do Commissioner;
c) Who is in charge of the Finance Department, accounting Committee members;
d) who is in charge of direct unit of the Compensation Committee members (if any);
DD) an expert on economics, technical Committee member (if needed).
3. Does the layout people violating laws on the practice of saving, against waste being considering, compensation processing on board component of the service in violation of that.
4. The Council dissolved itself after the completion of the task.
5. Costs for the determination of the amount of compensation is calculated on the cost of remedial provisions in article 7 of this Decree.
Article 11. The responsibilities of the Council 1. After 10 days at the latest, since the Council was established, the Chairman must organize meetings to consider compensation for damage caused by waste behavior.
2. The Council has the responsibility to review and make recommendations about: a) violations;
b) reviews the level of actual damage caused by the violation;
c) define the responsibilities of each individual;
d) recommendations to competent person makes decisions about the amount of compensation and compensation methods specific to each individual.
3. During 30 days from the date of its establishment, the Council must have written recommendations to the person who has the authority to make decisions about compensation for the individual causes of wasting. Complex cases at the latest not more than 90 days from the date of establishment, the Council must have written recommendations to the decision-making authority on compensation of damage.
4. after the case was decided on the amount of compensation that discovered new details do change errors, the level of the violation and the amount of compensation for damage have concluded earlier, the authority has the responsibility to consider and decide the compensation amount back.
Article 12. The decision on compensation for damage

1. Cases have established the Council shall within 10 days from the receipt of the text of recommendations of the Board, the authority provided for in article 9 of this decree must decide about compensation.
2. where the Council is not established during 30 days from the date of detection of violations which cause waste, competent person specified in article 9 of this decree must decide about compensation.
Article 13. Make compensation for people who have the obligation to compensate for damage must make compensation once within a period of 30 days from the date of the decision on compensation for damages.
The case of the large compensation amounts, could not submit once then after excluding filed immediately, the remaining amount is paid gradually during the period of 12 months from the date of the decision on compensation for damages.
With regard to disciplinary dismissal must be done before the compensation obligation to resign.
Article 14. Reduce the amount of compensation, postponed implementation of compensation 1. The person causing waste due to inadvertent errors may be considering reducing the amount of compensation if the amount of compensation is too large with the possibility of immediate and long-term economy of that person.
2. The person who has the obligation to make restitution is postponed the implementation of compensation in the following cases: a) Are treated in hospitals, women during maternity leave;
b) families are in difficult circumstances, particularly on economics are social people's Committee confirmed residence;
c) are currently in detention, detention pending the conclusion of the Agency has the authority to investigate, verify and conclusions about violations of other laws.
3. time delay made the following claims: a) must not exceed 6 months for cases referred to in point a, point b paragraph 2 of this Article;
b the maximum time) detention, detention for cases referred to in point c of paragraph 2 of this Article.
Article 15. Measures to ensure the implementation of compensation 1. The head of the Agency, the governing body of the person who is obliged to make restitution is responsible for monitoring, urging the implementation of compensation.
2. People who have not completed the transition, please resign or retire, the head of the Agency, held where the compensation decision have a responsibility to ask the person to compensate the missing portion before the severance, transferred or retired. The case, people are making compensation conditional not pay immediately the missing part, the head of the Agency, held where the compensation decision have to coordinate with agencies, organizations receiving the work place or residence of local Government to request that the person continues to make compensation.
3. The case, who are obliged to indemnify deliberately delay, evade the compensation, the head of the Agency, the organization responsible for coordinating with local government where the person is obliged to compensate the residents to take measures to ensure the implementation of compensation prescribed by the law.
2 entries for DISCIPLINARY OFFICERS, PUBLIC OFFICIALS, article 16. The subject was disciplined 1. Public servants specified in points b, c, d, e, f and h clause 1 article 1 Ordinance amending and supplementing some articles of the Ordinance, public officials, on 29 April 2003 (including Chairman of the Board, General Director, Director of the State company , Chief Accountant, Who represented the State's shares in the enterprise) in duty have violations of the provisions of the law on thrift practice, against waste.
2. Officers, servants specified in point a, g clause 1 article 1 Ordinance amending and supplementing some articles of the Ordinance, public officials, on 29 April 2003 in duty have violations of the law on thrift practice against waste.
Article 17. Determining the form of discipline 1. The nature and extent of the violation.
2. The level of actual damage caused by waste behavior.
3. Liability in damages.
4. The aggravation, mitigated form of discipline.
Article 18. Disciplinary form and disciplinary authorities 1. The object prescribed in clause 1 article 16 of this decree were disciplined according to one of the following forms: a) reprimand;
b) warning;
c) demoted salary;
d) Lower turnover;
DD) Organization;
e) dismissal.
2. The object prescribed in clause 2 article 16 of this decree were disciplined in accordance with the laws and regulations of the political organization, social and political organization.
3. disciplinary jurisdiction and disciplinary decisions for public servants comply with the provisions of Decree No. 35/2005/ND-CP of March 2005 the Government disciplined officers, public servants.
Article 19. Application form of discipline for officers, public servants have violations of the provisions of the law on thrift practice, against waste 1. Form of reprimand applies to individuals with first-time violations are compensation to 5 million VND/times review of compensation.
2. Form of caution apply to individual violations have been disciplinary reprimand but re-offending or objects first violation causing waste must compensate damage from 5 million dong to 20 million VND on/times review of compensation.
3. Form of the lower wage tier applies to individuals that violations had been punished warning but re-offending or objects first violation causing waste to compensation from 20 million to 30 million VND/Council on the times's review of compensation.
4. Form of the lower quota applicable to individual violations have been disciplined salary demoted but re-offending or objects first violation causing waste to compensation from 30 million to 50 million under contract on copper/times review of compensation.
5. Forms from Office applicable to individuals held there had been violations punished lower turnover but continue to violate.
6. Form of dismissal applicable to individual violations have been handled by one of the forms referred to in paragraph 4 of the rules and paragraph 5 of this Article but it, causing major consequences and deem no longer qualified to continue working or offending objects causing waste to compensation from 50 million copper upwards/times review compensation.
Article 20. Disciplined for heads of subdivisions, agencies, the organization assigned the management of capital assets 1. The head of the unit in the Agency, the Organization had direct violations of the provisions of the law on thrift practice, against waste be disciplined according to the forms prescribed in article 19 of this Decree. The case of the head unit is not directly infringed but to happen to waste in the unit directly responsible about to happen and being disciplined as defined in paragraph 3 of this article.
2. The case of the head unit is not directly infringed but to happen to waste in these units of work, areas of responsibility shall be responsible directly about the breach to occur as prescribed for the head.
3. Apply this form of discipline: a) the applied form of rebuke for the head if individual units in violation of regulations on the practice of saving, waste prevention be applied disciplinary forms prescribed in paragraph 3 article 19 of this Decree;
b) adopt forms of caution for the head if individual units in violation of regulations on the practice of saving, waste prevention be applied disciplinary forms prescribed in clause 4 Article 19 of this Decree;

c) apply for the wage level of the lower forms of the head if individual units in violation of regulations on the practice of saving, waste prevention be applied disciplinary forms prescribed in clause 5 article 19 of this Decree;
d) applied from form for the head if the individual units in violation of regulations on the practice of saving, against waste being applied form of the discipline provisions in paragraph 6 article 19 of this Decree.
4. The liability of heads and deputies of the heads of subdivisions, agencies, organisations are excluded in case they cannot know or have adopted the measures necessary to prevent, prevent wasteful behavior.
Article 21. Disciplined for the head of the Agency, held 1. The head of the Agency, held jointly responsible about waste behavior to occur in the field and in the unit because of his deputies directly in charge.
2. Deputies of the head of the Agency, held directly responsible about waste behavior to occur in the assigned work and in his unit directly in charge.
3. The Council of discipline based on the responsibility of the head and Deputy of the head to look, apply the following discipline form: a) granting rebuke for cases in the field of the work being delivered or in the unit directly in charge of the officials violated laws on the practice of saving waste prevention be disciplined in the form specified in point b of article 20 paragraph 3 of this Decree;
b) adopt forms of caution for cases in the field of the work being delivered or in the unit directly in charge of the officials violated laws on the practice of saving, waste prevention be disciplined in the form specified in point c of paragraph 3 article 20 of this Decree;
c) apply form revision down for cases in the field of the work being delivered or in the unit directly in charge of the officials violated laws on the practice of saving, waste prevention be disciplined in the form specified in point d of paragraph 3 article 20;
d) applied from form for heads of agencies, organizations and deputies are directly in charge of the work of field officers had violated the law on thrift practice against waste causing serious consequences.
4. The responsibility of the head and Deputy of the head of the Agency, organizations are excluded in case they cannot know or have adopted the measures necessary to prevent, prevent wasteful behavior.
Article 22. Aggravation, mitigated form of discipline 1. The aggravating form of discipline: public servants with disciplinary forms referred to in articles 19, 20 and 21 of this Decree in the following cases: a) conceal infringement behavior; evade, hinder the processing of violation;
b) organised violations.
2. The extenuating circumstances form of discipline: public servants are considering reducing disciplinary forms referred to in articles 19, 20 and 21 of this Decree in the following cases: a) Into an emergency, there is a spirit of cooperation;
b) proactively implementing measures to limit the damage caused by wasting behavior caused.
3. The increase, rising form of discipline does not alter the level of compensation was decided.
Article 23. The Disciplinary Council, processes, procedures for disciplinary review 1. The Disciplinary Council, processes, procedures and disciplinary review of regulations relating to discipline civil servants comply with the provisions of Decree No. 35/2005/ND-CP of March 2005 the Government disciplined officers, public servants.
2. members of the Board compensation could simultaneously be members of the Board of discipline.
Chapter III ADMINISTRATIVE VIOLATIONS SANCTIONS and COMPENSATION for agencies, ORGANIZATIONS and individuals, section 1 GENERAL PROVISIONS article 24. Object, the principle of sanctioning administrative violations 1. The Agency, organization, individual acts intentionally or unintentionally violating the provisions of the law on the practice of saving, waste prevention but not to the level of prejudice to criminal liability, the sanctioned administrative offense under the provisions of this Decree.
2. The sanctioning administrative violations regarding the practice of saving, against waste comply with the principles defined in article 3 of the Ordinance on handling administrative violations and Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 25. Time sanctioning administrative violations 1. Time sanctioning administrative violations in the practice of saving, against waste related fields would then follow the rule of law in that field. With regard to the case law has not specified the time sanction is 2 years from the date the violation was done. If this time limit is not sanctioned administrative offense but still apply remedial measures and to compensation for damage caused by waste behaviour under the provisions of this Decree.
2. for individuals who have been prosecuted, indicted or had decided to put on trial under criminal proceedings, but later decided to suspend the investigation or to suspend the case to switch to handling administrative violations, the time penalty is 3 months from the date the competent sanctions get decided to suspend investigation or suspension of service projects and records violations.
3. Within the time limit specified in paragraph 1 and paragraph 2 of this article, if the agencies, organizations, individuals continue to have administrative violations or willfully evading, obstructing the sanctions do not apply time sanction prescribed in clause 1, item 2 of this that time sanctioning administrative violations were counted back from the moment perform administrative violations new or termination acts impedes evading sanctions.
Article 26. The sanctions administrative violations in practice save, against waste 1. For each administrative violations, agency, organization, individual violation must bear one of the following sanctions: a) caution;
b) fine.
The levels of maximum fines for violations of the provisions of the law on thrift practice, combating waste-related fields would then follow provisions of current law with respect to that field. Case law has not specified the fines to a maximum of 100 million dong.
When applying shape, level specific fines for a violation is the average of the frame of the fines prescribed for offences. The event of extenuating circumstances, the level of the fines is reduced but not lower than the minimum level of fine frame. Case of aggravation, the level of the fine may be increased but not to exceed a maximum of fine frame.
2. In addition to sanctions prescribed in paragraph 1 of this article, the Agency, organization, personal violation can be applied one or the following remedial measures: a) enforce the provisions of the law on management, use of money, State assets, natural resources and land;
b) enforce strictly the norms, standards, by competent State bodies.
Article 27. Compensation for damage 1. Organizations and individuals violating legislation on the practice of saving, against waste if causing waste to compensation under the provisions of this Decree.

Organizations and individuals violating legislation on the practice of saving, against waste has sanctioned administrative offense under the provisions of the law, if the cause waste to compensation under the provisions of this Decree, except in the case of specialized law has provisions to compensate the damage caused by the violation.
2. Who has the authority to sanction prescribed in article 33 of this Decree shall be competent to handle, decided the compensation for damages for violations of the legislation on the practice of saving, waste prevention cause.
For cases under the provisions of the law that authorized person professional sanctioning administrative violations does not have the jurisdiction to handle the compensation for damage shall within 10 working days, the authority sanctioning administrative violations must transfer the sanction decision, records the incident to the authority handling the decision to handle compensation and decide the compensation prescribed in this Decree.
Section 2 VIOLATION, the FORM and the LEVEL of SANCTIONS Article 28. Violations of the provisions of the law on thrift practice, against waste management, use of funds the State budget caused waste 1. Caution or a fine from 100,000 to 200,000 Council Board for violations of regulations on the management, use, transportation, media devices work, using electric water causing waste.
2. A fine from 1.000.000 VND to 2 million VND for the unauthorized use of vehicles, the device media work, use your water exceeds the standards, norms, by competent bodies issued causing waste.
3. A fine from 1.000.000 VND to 3 million contract for the use of funding scientific research and technological development in the wrong purpose, not true to the agenda was approved.
4. A fine of 3 million VND 5 million dong to use for funding scientific research and technological development overlaps with other funding sources to cause wasting.
5. In addition to the fines, the Organization, individuals violating the provisions in paragraphs 1, 2, 3 and 4 of this Article also apply the following remedial measures: a) enforce the provisions of the law on management and use of funds the State budget;
b) enforce the right norms, standards, by competent State bodies.
Article 29. Violations of the provisions of the law on thrift practice, against waste in the construction of projects using the State budget, the money, the State property causes waste 1. A fine of 10 million dong to 20 million dong from the for violation of the regulations on the management of the investment project appraisal, causing waste.
2. A fine of 10 million dong to 20 million VND for violations of regulations on the management of survey, design of building construction induced waste.
3. A fine of 20 million to 30 million đồng VND for violations of regulations on the management of selected contractors, consulting organization monitoring the implementation of investment projects, causing waste.
4. A fine of 30 million to 50 million dong VND for violations of regulations on the management of grants, payments and capital for investment projects caused waste.
5. A fine of 30 million to 40 million dong VND for violations of regulations on the management of groundbreaking ceremony, the inauguration ceremony of building construction induced waste.
6. Fine with 0.1% of the value of the survey design but not so 100 million contract for survey implementation behavior, design construction of non-standard construction standards, due to competent State agencies issued causing waste.
7. In addition to the fines, the Organization, individuals violating the provisions in paragraphs 1, 2, 3, 4, 5 and 6 of this paragraph also applies the following remedial measures: a) enforce the provisions of the law on construction investment management;
b) enforce the right norms, standards, by competent State bodies.
Article 30. Violations of the provisions of the law on thrift practice, against waste in management, use the Headquarters work of organs, organizations use the funding the State budget 1. 5 million to 10 million dong fine copper for violations of regulations on the management of the Headquarters work of organs, organizations use the funding the State budget caused waste.
2. A fine of 10 million dong to 20 million VND for violations of regulations on norms, standards mode is in use the Headquarters work of organs, organizations use the funding the State budget caused waste.
3. In addition to the fines, the Agency held violated the provisions in clause 1 and clause 2 of this also applies the following remedial measures: a) enforce strictly the regulations on management, use the Headquarters work of organs, organizations use the funding the State budget;
b) enforce the right norms, standards, by competent State bodies.
Article 31. Violations of the provisions of the law on thrift practice, against waste management, use of capital and State property in enterprises 1. A fine of 30 million to 40 million dong VND for violations of regulations on the management of capital and funds used, in the company of State causing waste.
2. A fine of 50 million to 70 million dong VND for the shopping decisions, behavior management, use of fixed assets, materials and other property of the company do not state the provisions of the law on the management of finance, State assets management, investment and construction, in excess of the norm mode, standard, due to competent State bodies.
3. A fine of 70 million dong to 100 million dong for management behavior, use the expenses of State companies is not the right norms, unit price, standard, regulation of the competent State bodies.
4. In addition to the fines, the person who has abused the provisions in clause 1, 2 and 3 of this article also apply the following remedial measures: a) enforce rules about capital management, State assets in enterprises;
b) enforce the right norms, standards, by the competent State Agency regulations.
Article 32. Application form, the level of sanctions under the rules of law on sanctioning administrative violations in the field of The relevant administrative violations regarding the practice of saving, against waste in other areas under current law has specific provisions form , the level of sanctions the sanctioning administrative violations are made according to the regulations.
1. The Agency, organization, individual violations of the provisions of the law on thrift practice, combating waste-related areas of land being sanctioned under the provisions of the law on handling administrative violations in the field of land.
2. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the field of scientific research that is not yet sanction specified in this Decree shall be sanctioned in accordance with the law on handling administrative violations in the field of science and technology.
3. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the field of management, construction projects using the State budget, use and manage Office without sanction specified in this Decree shall be sanctioned in accordance with the law on administrative processing in the field of construction activities, the management of urban infrastructure construction and management, home use.

4. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the mining sector, the use of water resources, the sanctioned under the provisions of the law on handling administrative violations in the field of water resources.
5. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the fields of exploration, mining, mineral uses the sanctioned under the provisions of the law on handling administrative violations in the field of mineral resources.
6. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the field of forest management, forest protection and management of forest products, the sanctioned under the provisions of the law on handling administrative violations in forest management , forest protection and management of forest products.
7. Agencies, organizations, individuals with violation of provisions of the law on thrift practice against waste related to the observance of labour discipline sanctioned under the provisions of the law on handling administrative violations in the observance of labour law.
Section 3 JURISDICTION, procedures, SANCTIONS ENFORCEMENT, ENFORCEMENT of the COERCIVE ADMINISTRATIVE SANCTION DECISION Article 33. The authority sanctioning administrative violations 1. The authority of the Chairman of the sanctions Committee levels: a) the authority of the Chairman of the sanctions Committee at district level:-caution;
-A fine of up to 20 million VND;
-Apply remedial measures prescribed in clause 2 Article 26 of this Decree.
b) jurisdiction to sanction of the President of the provincial people's Committee:-caution;
-A fine of up to 100 million VND;
-Apply remedial measures prescribed in clause 2 Article 26 of this Decree.
2. The Authority sanction of force Inspector major: a) Chief Inspector of the Department-level professions have the right to:-caution;
-A fine of up to 20 million VND;
-Apply remedial measures prescribed in clause 2 Article 26 of this Decree.
b) Chief Inspector of specialized ministries, ministerial agencies, government agencies have the right to:-caution;
-A fine of up to 100 million VND;
-Apply remedial measures prescribed in clause 2 Article 26 of this Decree.
3. The authorisation in sanctioning administrative violations, the principle determined, competent handling of administrative violations are made according to the provisions of article 41, article 42 Ordinance on handling administrative violations in 2002 and Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 34. Procedure for sanctioning of administrative violations and enforce the decision sanctioning administrative violations of procedures sanctioning administrative violations and enforce the decision sanctioning administrative violations are made in accordance with Ordinance on handling administrative violations in 2002 and Decree No. 134/2003/ND-CP dated 14 March 2003 from the Government detailing the implementation of a number of things of the Ordinance on handling administrative violations.
Article 35. Coercive enforcement of the decision sanctioning administrative violations 1. The coercive enforcement of the decision sanctioning administrative violations made in accordance with Ordinance on handling administrative violations.
2. procedure for application of coercive measures to enforce the decision sanctioning administrative violations made under the provisions of Decree No. 37/2005/ND-CP of March 2005 of the Government regulations on the procedure for application of coercive measures to enforce the decision sanctioning administrative violations.
Item 4 COMPENSATION for DAMAGE for OBJECT SANCTIONED ADMINISTRATIVE OFFENSE ABOUT the PRACTICE of saving, AGAINST WASTE Article 36. Principle, determining the amount of compensation and the compensation liability principle, determining the amount of compensation and the compensation liability for objects sanctioned administrative violations regarding the practice of saving, waste prevention is done according to the provisions of article 6 , 7 and 8 of this Decree.
Article 37. Procedure for handling compensation for damage 1. Within 10 days from the date the decision sanctioning administrative violations or decide to apply remedial measures (in the case of off time sanctioning administrative violations), if necessary, the competent handling of compensation might formed the Advisory Board on compensation for damage to consider , determine the compensation of the damage.
2. within 10 days of receipt of the text of recommendations on the level of compensation Advisory Council, who has the authority to decide the compensation handler must decide about compensation for administrative violations of audience practice save, against waste.
3. No case established the Advisory Council within 30 days from the day the decision sanctioning administrative violations or decide to apply remedial measures (in the case of off time sanctioning administrative violations), who have jurisdiction to handle compensation must make decisions on compensation for damage to objects sanctioned administrative offense of the practice of saving, against waste.
Article 38. The Advisory Board on compensation of damage 1. The Advisory Board on compensation of damage caused by the competent person specified in clause 2 of this decree established 27 Things at the same time as the President of the Council.
Board members include: representatives of the financial bodies of the same level where violations occur; representative Government granted the commune where the violation occurred, and representatives of specialized agencies in science, engineering or other disciplines (if necessary).
The Advisory Board on compensation order dissolved after the completion of the task.
Costs for the determination of the levels of compensation are calculated on cost recovery.
2. Within 30 days from the date of establishment, the Advisory Board on compensation for damage must have written recommendations to the decision-making authority on compensation of damage. The complex case is slow for no more than 90 days from the date of establishment, the Advisory Council must have written recommendations to the decision-making authority on compensation of damage.
Article 39. Executive decisions on compensation for damage 1. Organizations and individuals have the obligation of compensation once within 30 days from the date of the decision on compensation for damage of the competent person.
2. individual cases of violations which are large amount of compensation, could not pay one time then after subtracting the number was filed first, the remaining amount is paid gradually within 12 months time.
Article 40. Reduce the amount of compensation, postponed the implementation of compensation.
The person causing waste to individual compensation be considered reduced, postponed the implementation of compensation as specified in article 15 of this Decree.
Article 41. Coercive enforcement of decisions on compensation of executive procedures, coercive enforcement of decisions on compensation for damage done as regulated by the law on Executive procedure, coercive enforcement of the decision sanctioning administrative violations.
Chapter IV REWARDED, complaints, accusations and CLAIMS Article 42. Personal rewards, achievements in the organization detect, report, compensation, disciplined and sanctioning administrative violations in the field of practice of saving, waste prevention be rewarded according to the provisions of the law of rewards.
43 things. Complaints, accusations and claims 1. Personally, being disciplined organization, sanctioning administrative violations have the right to complain about the disciplinary decision, decision sanctioning administrative violations to the Agency, organization, who has the authority to resolve the complaint.

Individual detected violations of the legislation on the practice of saving, against waste has the right to report to the competent authorities to promptly stop and handled according to the regulations.
Jurisdiction, procedure, the time limit complaints, accusations made under the provisions of the law on complaints and denunciation.
2. The petitioner for the decision sanctioning administrative violations in the field of waste prevention, savings made in the law on the procedure of resolving administrative cases.
Chapter V ENFORCEMENT PROVISIONS Article 44. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 45. Responsibilities and enforcement 1. The Ministry of Finance shall guide the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and agencies, organizations, individuals responsible for the implementation of this Decree.