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Decree 31/2007/nd-Cp: About Sanctioning Administrative Violations In The Field Of Management Of Dangerous Chemicals

Original Language Title: Nghị định 31/2007/NĐ-CP: Về xử phạt vi phạm hành chính trong lĩnh vực quản lý hoá chất nguy hiểm

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Decree on sanctioning administrative violations in the field of management of dangerous chemicals _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Basing the Ordinance handling administrative violations July 7, 2002;
Considering the recommendation of the Minister of industry, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the administrative violation, sanctions, fines remedial measures, jurisdiction, procedures for sanctioning of administrative violations in the field of management of hazardous chemicals.
The administrative violations in the field of management of industrial explosives; Chemical Management Board in Decree No. 100/2005/ND-CP dated 3 August 2005 by the Government on the implementation of the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and the destruction of chemicals causing radiation not covered by this Decree.
Administrative violations in the field of management of dangerous chemicals is intentional or unintentional acts violating the provisions of the legislation in the field of administration of dangerous chemicals that are not crimes, according to the provisions of this Decree are sanctioned administrative offense , including: 1. Violation of the regulations on research, testing, production of dangerous chemicals.
2. Violation of the regulations on the Declaration of dangerous chemicals.
3. Violation of the regulations on risk assessment of chemicals.
4. Violation of the regulations on the safety of dangerous chemicals votes.
5. Violate the provisions on labelling of dangerous chemicals.
6. Violation of the rules on preserving the dangerous chemicals.
7. Violation of the regulations on the transport of dangerous chemicals.
8. Violation of the regulations on business and supply, export and import of dangerous chemicals.
9. Violation of the regulations on the use of dangerous chemicals.
10. Violation of the regulations on conditions of people involved in the activities of dangerous chemicals.
11. Violation of the regulations on the safety belt zone has dangerous chemicals activities.
12. Violation of the regulations on protecting the area containing dangerous chemicals activities.
13. Breach of the chemical safety report.
14. The administrative violations in the field of management of dangerous chemicals if relevant to other sectors will suffer sanctions administrative sanctions under the rules of the Government in that field.
Article 2. Application object 1. Organization, Vietnam had individual administrative violations in the field of management of dangerous chemicals specified in chapter II of this Decree.
2. individual organizations abroad have administrative violations in the field of management of dangerous chemicals specified in chapter II of this Decree within the territory, exclusive economic zone and the continental shelf of the Republic of Vietnam Socialist; except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise.
3. Minors have administrative violations in the field of management of dangerous chemicals sanctioned under the provisions of article 7 of the Ordinance on handling administrative violations.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "chemicals" are the chemical elements and their compounds in the natural form, exists or is created in the production process, through chemical reactions, the process of physical and biological processes.
2. "dangerous chemicals" is toxic chemicals and chemicals can cause an explosion, causing the fire, causing strong corrosion; adversely affect the health of people and property, harm, plants, the environment and cause adverse security defense.
3. "the production of dangerous chemicals" is the process of fabrication out of dangerous chemicals.
4. "using dangerous chemicals" is the process of putting out dangerous chemicals used in practice in order to achieve certain purposes in the economic activity (production, construction, basic investigation, training, scientific research, ...), as a technological processes were identified.
5. "purchase, supply of dangerous chemicals" is the process of performing purchase contracts, transport dangerous chemicals.
6. "preservation of dangerous chemicals" is the process of storing dangerous chemicals in containers, crates, contain chemicals in dedicated tank location store.
7. "the study testing the dangerous chemicals" is the process created a new dangerous chemical products. Research testing may include the entire process of creating products or just one step of the process to determine the composition, process technology, production line equipment.
8. "the dangerous chemical activity" is the implementation of the activities related to investment, research, testing, testing, production, storage, transport, supply and use of dangerous chemicals.
Article 4. The principle of sanctioning administrative violations in the field of management of dangerous chemicals 1. All administrative violations in the field of management of dangerous chemicals must be detected promptly and must be suspended immediately. The sanction must be conducted justly, promptly, thoroughly; any consequences due to administrative violations in the field of management of dangerous chemicals must be remedied in accordance with the law.
2. The sanctioning administrative violations in the field of management of dangerous chemicals must be authorized by the provisions of chapter III of this decree made under the provisions of the law.
The Organization, individuals just sentenced to administrative violations in the field of management of dangerous chemicals when there are violations of the provisions of chapter II of this Decree.
3. An administrative violations in the field of management of hazardous chemicals only sanctioned once. A person who performs many of the administrative violations in the field of management of dangerous chemicals, the sanctioned about each violation; If the sanctions are fine, they must be combined into a common penalty levels. Many people make a administrative violations in the field of management of dangerous chemicals shall each violation are sanctioned.
4. The sanctioning administrative violations in the field of dangerous chemicals management are based on the nature and extent of the violation, identity and the extenuating circumstances, aggravation to decide the form and appropriate sanction measures. The extenuating circumstances, aggravation is applied according to the provisions of article 8, article 9 of Ordinance on handling administrative violations and article 6 Decree No. 134/2003/ND-CP of the Government on November 14, 2003 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002.
5. Not sanctioning administrative violations in the field of management of hazardous chemicals in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
Article 5. Time sanctioning administrative violations in the field of management of dangerous chemicals 1. Time sanctioning administrative violations in the field of management of dangerous chemicals is one year from the date of administrative violations in the field of management of hazardous chemicals; If the time limit on, then no sanctions but still apply the measures specified in paragraph 3 article 7 of this Decree to remedy consequences of administrative violations in the field of management of hazardous chemicals.
2. for individuals who have been prosecuted, indicted or had decided to bring the case to trial under criminal proceedings but then decided to suspend the investigation or the suspension of the case of the competent authorities which have sign violations administrative violations in the field of management of dangerous chemicals shall be the administrative sanctions. In this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.

3. Within the time limit specified in paragraph 1 and paragraph 2 of this Article if the individual, held back the implementation of new administrative violations in the field of management of dangerous chemicals 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 in the field of management of dangerous chemicals to be reassessed since the time of implementation of new administrative violation or termination acts impedes evading sanctions.
4. the time limits specified by month or by year, then that period is calculated by month, the calendar year, including all holidays under the provisions of the labor code.
Article 6. The time limit is considered to be not yet sanctioned administrative violations 1. The Organization, individuals sentenced to administrative violations in the field of management of dangerous chemicals if over one year from the date of decision done executive sanction or from most time limits enforced sanctions decision without taking infringements shall be regarded as not yet sanctioned administrative offense about that behavior.
2. The time limit are considered administrative sanctions have not been calculated according to the calendar year, including all holidays under the provisions of the labor code.
Article 7. The sanctions administrative violations and remedial measures in the field of management of dangerous chemicals 1. Sanctions, including: a) caution: applicable to individuals, organized a small administrative violations, first, there are extenuating circumstances or for all administrative violations by minors from age 14 to age 16 under full implementation. Caution was the decision in writing;
b) fines: based on the nature and extent of the violation to determine fines in fines has been regulated in this Decree for each violation. Specific penalties for administrative violations in the field of management of dangerous chemicals is the average of the frame of a fine for that behavior; If the violation has extenuating circumstances, the fines can reduce lower but not excessive reduction of minimum fine frame; If there are violations, the aggravation can rise higher than the fines but did not increase the maximum of a fine frame.
2. additional sanctions: confiscated exhibits, the means used to cause administrative violations in the field of management of hazardous chemicals.
Chapter II the ADMINISTRATIVE VIOLATIONS in the FIELD of MANAGEMENT of DANGEROUS CHEMICALS, the form and the LEVEL of SANCTIONS article 8. Violating the rules of research, testing and the production of dangerous chemicals 1. Caution or a fine from 3 million to 5 million dong VND for organizations, individuals with one of the following behaviors: a) To material or dangerous chemical product backlog in excess specified in the manufacturing sector;
b) packaged dangerous chemicals in the wrong way;
c) system of the books, the form used for the quality control of chemical dangerous product no or incorrect according to the regulations.
2. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the following behaviors: a) research, testing of chemicals not dangerous under the right content, the conditions specified in the research project has been approved;
b) bringing the production base of chemicals dangerous to operate when not yet organized, delivered and not yet competent State agencies to confirm eligibility to allow the production of dangerous chemicals;
c) held the dangerous chemicals production when not yet overcome, supplements the requirements of the competent State authorities about the conditions allow the production;
d) no or to spoil rules, production processes, operating process equipment at production locations as specified;
DD) lightning system, earthing not reached the prescribed requirements;
e) cut off or damaging the equipment, safety equipment structure attached to the device dangerous chemicals production;
g) To the employees violated the safety rules of fire, explosion, toxic rooms in the manufacturing sector.
3. A fine of 10 million dong to 20 million VND for organizations, individuals with one of the following behaviors: a) the production of dangerous chemicals is not in the list of dangerous chemicals by the competent State Agency regulations;
b) using less dangerous chemicals manufacturing quality or material of unknown origin;
c) produced not the right kind of dangerous chemical products registered and allowed to put into production, use;
d) testing, testing of dangerous chemicals is not properly defined or intentionally falsifying results testing, testing;
DD) is not made or does not maintain regularly the quality control of chemical dangerous product.
4. A fine of from 20 million to 50 million dong VND for organizations, individuals with one of the following behaviors: a) research, testing of dangerous chemicals when not yet competent State agencies, tasked;
b) fix, change the texture, structure, building sections of factory breached the shielding requirements of protection inside factories or violation of the requirements on the way out, bearing, refractory works, violating the environmental hygiene standard of labour;
c) expanding regional production ground of violation of the conditions of safe distance for works and adjacent neighborhoods;
d) no external protection shielding wall or textured wall shielding to protect outside unsatisfactory when not yet assured safe distance as prescribed;
DD) Not promptly repair, fix the damaged home workshops, warehouses for dangerous chemicals affect the safety in production, storage of dangerous chemicals.
5. additional sanctions: confiscated exhibits breaches the acts specified in point a, b, paragraph 3 of this article.
6. Apply other measures: a) Forced to restore original state has been changed due to administrative violations with regard to the behaviour defined in points b, c, d paragraph 4 of this Article;
b) Compel redress not safe due to administrative violations with respect to the acts specified in point e e clause 2; DD account point 4 this.
Article 9. Violation of the regulations on the Declaration of dangerous chemicals 1. 5 million to 10 million dong fine copper for organizations, individuals with one of the following behaviors: a) lack of responsibility or inadvertent errors, undeclared or declared not true fact chemical name, chemical-physical-mechanical properties, chemical components, the origin of the chemicals , the quantity and purpose of carrying dangerous chemicals;
b) Not kept records and declarations related to the classification of dangerous chemicals under the provisions;
c) When to terminate the operation of dangerous chemicals did not notify the receiving agency reporting know.
2. A fine of 10 million dong to 20 million VND for organizations, individuals with one of the following acts: deliberately not declared or using deceptive tricks declared incorrect fact chemical name, chemical-physical-mechanical properties, chemical components, the origin of chemical, mass and purpose of carrying dangerous chemicals activities.
3. Apply other measures: forcing overcome declare actual correct; retention of records and declarations related to the classification of dangerous chemicals under the rules.
Article 10. Violation of the regulations on risk assessment of new chemicals 1. 5 million to 10 million dong fine copper for organizations, individuals with one of the following behaviors: a) does not establish and maintain monitoring systems, setting the track record, accidents, incidents involving new chemicals;
b) Not General periodic reports on the impact of new chemicals as prescribed;

c) Not reported promptly to the Agency risk assessment new chemicals new chemicals case arose the expression of danger has not been evaluated.
2. A fine of 10 million dong to 20 million VND for organizations, individuals with one of the following behaviors: lack of responsibility or the inadvertent error, not registered new chemical assessments under the rules.
3. A fine of from 20 million to 50 million dong VND for organizations, individuals with one of the following acts: deliberately do not register or use a player rating in the area of cheating does not register reviews new chemicals.
4. Apply other measures: forcing overcome to establish and maintain surveillance systems, reporting, registration as prescribed for the violation in point a, b, c paragraph 1 and paragraph 2 of this Article.
Article 11. Violation of the regulations on the safety of dangerous chemicals votes 1. 3 million to 5 million dong fine copper for organizations, individuals with one of the following behaviors: lack of responsibility or inadvertent errors to the information, the content of dangerous chemical safety votes.
2. A fine of 5 million dong to 20 million VND for organizations, individuals with one of the following behaviors: intentionally using deceptive tricks or provide information, false content of hazardous chemicals in the dangerous chemicals safety votes.
3. Apply other measures: forcing fix errors of the information, the content of dangerous chemical safety votes for violations in paragraph 1 of this article.
Article 12. Violation of the provisions on labelling of dangerous chemicals 1. A fine of 10 million dong to 20 million dong from the Organization, individuals with one of the following behaviors: no labeling of hazardous chemicals.
2. Apply other measures: forcing additional remedy hazardous chemicals labelling under the regulation on labelling of goods of Decree No. 89/2006/ND-CP dated 30 September 2006 of the Government.
Article 13. Violation of regulations on the preservation of dangerous chemicals 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for the Organization, individuals are not private repository layout behavior or not equipped with means of providing dangerous chemicals in the warehouse.
2. A fine from 1.000.000 VND to 3 million contract for the Organization, individuals with one of the following behaviors: a) improperly reported statistics mode, import procedures in dangerous chemicals warehouses;
b) does not make the test mode the statistics books, reports, export and import of dangerous chemicals;
c) Don't set the billboards, signs warn of danger in areas of dangerous chemicals under preservation rules.
3. A fine of 3 million VND 5 million dong to the Organization, individuals with one of the following behaviors: a) preservation of the dangerous chemicals that exceed the scale of the preservation of the repository as defined;
b) preservation of the dangerous chemicals in different groups within the same warehouse space without adequate safety conditions as specified;
c) does not make the work of sealing, the prescribed warehouse door.
4. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the following behaviors: a) gathering, unloading or preserving the dangerous chemicals in places not yet competent State agencies;
b) preservation of the dangerous chemicals in the warehouse not yet competent State agency appeals to browse designs or not yet organized, delivered and the competent State agency approvals;
c) missing Page or not timely repair communication systems according to regulations;
d) does not build or not timely repair fences preservation repository of dangerous chemicals;
DD) Don't maintain timely repair stations, guarded, protected repository;
e) Not repaired in time the damaged power supply systems, lighting systems;
g) Not repaired in time the damaged warehouse structure, wall's shield of protection;
h) repaired or Not does not make the test mode, periodically test lightning earthing system lightning protection;
I) Doesn't make the work of handling dangerous chemicals too dangerous chemicals limited, the product;
k) dangerous substances goods reserves reserves are not the right kind of warehouse, location as specified;
l) To goods hazardous substances national reserve is damaged beyond the norm without good reason;
m) in violation of the security regime of the national reserve.
5. A fine of 10 million dong to 20 million VND for organizations, individuals with expansion behavior, renovated warehouse area preserving dangerous chemicals violate the safety distance requirements, in violation of the fire safety requirements, the room explode, poison, flooding prevention, escape.
6. Fines of from 20 million to 30 million copper copper for organizations, individuals with one of the acts is not to build a wall of protection shield or shielding protective wall does not reach specification when not yet ensure safety distance according to the regulations.
7. A fine of 30 million to 50 million dong VND for the Organization, individual behavior to loss of dangerous chemicals in dangerous chemicals warehouses for preservation.
8. Apply other measures: a) Forced to restore original state has been changed due to administrative violations with respect to the acts specified in clause 5, 6 this;
b) Forced movement of goods dangerous substances reserved to the repository, the location prescribed for violations in point k of this clause 4.
Article 14. Violation of regulations on the transport of dangerous chemicals 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for organizations, individuals with one of the acts: a) change of conditions of safety of transport of dangerous chemicals but not timely declarations as specified;
b) no signs identify the limited unloading areas according to the regulations.
2. A fine from 1.000.000 VND to 2 million VND for organizations, individuals with one of the acts: a) has no billboards, signs of dangerous chemicals transportation as specified;
b) damaging, crumpled shipping license dangerous chemicals;
c) Not Remove the peeling kind of billboards, signs of dangerous chemicals transportation mounted on moving vehicles when dangerous chemicals were unloading from the means of transport;
d) Charged shipping license dangerous chemicals but do not show the full content of the report, confirmed by the regulation.
3. A fine of 2 million to 5 million dong VND for organizations, individuals with one of the acts: a) no or missing employee escorts as defined;
b) employee escorts and drivers means not eligible according to the rules;
c) control the vehicles ran too speed specified in the licence to transport hazardous chemicals.
4. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the acts: a) the carriage of dangerous chemicals along with the type of goods transport is not allowed under the rules;
b) freight-no duty on the transport of dangerous chemicals;
c) No warning protection organization when conducting unloading of dangerous chemicals.
5. A fine of 10 million dong to 20 million VND for organizations, individuals with one of the acts: a) the carriage of dangerous chemicals volume exceeds the specified in the licence;
b) improper transportation category of dangerous chemicals regulations in shipping license;
c) transporting dangerous chemicals in the group is not allowed in the same carriage as specified on a means of transport;
d) transporting dangerous chemicals on means not eligible according to the rules.
6. Fines of from 20 million to 30 million copper copper for organizations, individuals with one of the acts: a) the carriage of dangerous chemicals do not correct the route specified in the shipping license;
b) parking Stop transport of dangerous chemicals in places not allowed under the rules.

7. A fine of 30 million to 40 million dong VND for the Organization, individuals lose the dangerous chemicals.
8. A fine of 40 million to 50 million dong VND for the Organization, the individual transport behavior of chemicals dangerous unlicensed transport of dangerous chemicals under the rules.
9. additional sanctions: a) confiscating part exhibits the violation exceeds the volume of transport allows for the violations stipulated in art. 5; confiscated exhibits violation for violations specified in point b of paragraph 5 of this Article;
b) deprived of the right to use this media control license until 1 years for violations of the provisions of art. 5, points a, b account 6.
10. Apply other measures: forcing overcome unsafe due to administrative violations with regard to the violations stipulated in art. 4; c, d paragraph 5 of this Article.
Article 15. Violation of regulations on business, the supply and export and import of dangerous chemicals 1. A fine from 1.000.000 VND to 3 million contract for the Organization, individuals with one of the following behaviors: resale of dangerous chemicals use isn't out for the Organization, individuals are not eligible to use dangerous chemicals business, in accordance with the law.
2. A fine of 3 million VND 5 million dong to the Organization, individuals have a in the Act of selling dangerous chemicals not included in the list are allowed to use by competent State agencies announced annually.
3. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the following behaviors: a) using subdivisions, not in business to business, the supply of dangerous chemicals;
b) the contract or sale of dangerous chemicals for the Organization, individuals use dangerous chemicals has been the State Agency has the authority decides to suspend, temporarily suspended use of dangerous chemicals.
c) Buy the Organization's dangerous chemicals, individuals are not allowed to dangerous chemicals business.
4. A fine of 10 million dong to 20 million VND for organizations, individuals with one of the following behaviors: a) export-import is not correct the specification of equipment for the production of dangerous chemicals, tests specified in the licence;
b) export and import of dangerous chemicals is not correct type, quality, quantity of dangerous chemicals regulations in the contract was the State Agency has the authority to allow export, import.
5. A fine from 20 million to 30 million đồng VND for the Organization, the individual acts of wrong advice, provide false information during the counsel project production of dangerous chemicals, plans the production design but not to the extent of causing serious consequences.
6. Fines of from 30 million to 50 million dong VND for organizations, individuals with one of the following behaviors: export and import of dangerous chemicals when not yet competent State agencies allowed to export or import.
7. additional sanctions: confiscated exhibits, means of violation for violations of the provisions of paragraph 1; item 2; point c paragraph 3 of this article.
8. Apply other measures: forcing taken out of Vietnam territory or forced back exhibits due to violation of the imports referred to in paragraph 4, paragraph 6 of this Article as prescribed in article 20 of the Ordinance on handling administrative violations.
Article 16. Violation of regulations on the use of dangerous chemicals 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for the Organization, the individual acts of dangerous use of chemicals is not correct according to the purpose of use.
2. A fine from 1.000.000 VND to 2 million VND for organizations, individuals with one of the following behaviors: a) has no plans to use dangerous chemicals approved for use dangerous chemicals needed for approval under the rules;
b) using dangerous chemicals is not in the list of dangerous chemicals are allowed to use;
c) use dangerous chemicals out of date but do not make the rules of additional quality checks of dangerous chemicals expired.
3. A fine of 2 million to 5 million dong VND for organizations, individuals with one of the following behaviors: a) do not check the quality of dangerous chemicals as defined before use;
b) using dangerous chemicals of inferior quality;
c) Don't make rules about preserving the dangerous chemicals at the place of use;
d) does not limit the danger before using dangerous chemicals;
DD) Not set up barricades to protect or no symbols, signs of danger in the dangerous region boundaries.
4. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the acts: a) unauthorized expansion area using dangerous chemicals violate the safe distance for the structures, the surrounding residential area;
b) does not comply to the requirements set forth in the safe use of dangerous chemicals.
5. A fine of 10 million dong to 20 million for the Council held one of the acts: a) use dangerous chemicals violate the protective corridor transportation, irrigation, pipe works, oil and gas transportation; violates the cultural or historical works of other important countries;
b) change the categories, the number of dangerous chemicals or modulation of dangerous chemicals regulations at the place of production were responsible people signed.
6. Fines of from 20 million to 50 million dong VND for the Organization, individuals are taking advantage of the behavior of the use of dangerous chemicals to less cropping, steal the dangerous chemicals.
7. additional sanctions: a) confiscated exhibits, means of violation for violations of the provisions of point b, c paragraph 2; point b paragraph 3 of this article;
b) deprived of the right to use dangerous chemicals until 6, with regard to the behaviour defined in art. 4, art. 5 of this Article; deprived of the right to use dangerous chemicals no time limit for the acts specified in clause 6 of this Article.
8. Apply other measures: forcing restore original state has been changed due to administrative violations with regard to the behaviour defined in point a of this paragraph 4.
Article 17. Violation of the conditions of the people doing the work related to the activities of dangerous chemicals a fine from 500,000 Dong to 1.000.000 VND for the organizations and individuals who have one of the following behaviors: a) leaders use business works, using dangerous chemicals not yet eligible under current rules;
b) using laborers do not have appropriate regulatory expertise;
c) using workers not yet training, training on technical safety procedures in the manufacture, use, storage, transport of hazardous chemicals and toxic, safety engineering, explosive as prescribed;
d) Not held periodic training, retrained as specified for the relevant objects directly to the work of reception, production, use, storage, transport, dangerous chemical testing.
Article 18. Violation of regulations on the safety belt zone has dangerous chemicals activities 1. Caution or a fine from 50,000 to 200,000 Council Council for organizations, individuals with one of the following behaviors: a) arbitrarily off on, gathered within the danger zone or the safety belt;
b) grazing or growing oxidized within the safety belt.
2. Caution or a fine from 100,000 to 500,000 Dong Dong for organizations, individuals have the fire behavior or fire substances, waste bin, corrosive, toxic, into the area of the safety belt.
3. A fine of from 500,000 Dong to 1.000.000 VND for the Organization, individuals move their behavior the milestone safety belt or arbitrarily move the type signage symbols danger zone.

4. A fine from 1.000.000 VND to 3 million contract for the Organization, individuals with one of the following behaviors: a) no gap prevents toxic rooms, fire or not clear, glowing trees in the area of the safety belt;
b) wrecking or damaging the protective barrier, shielding the wall safe preservation repository area dangerous chemicals.
5. A fine of 3 million to 5 million dong VND for the Organization, the individual acts of land encroachment of building works in the scope of the safety belt.
6. additional sanctions: confiscated exhibits, means breaches the acts specified in point b of paragraph 1 of this article.
7. Apply other measures: forcing dismantling construction work for the acts specified in clause 5 of this Article.
Article 19. Violation of safe chemicals reports 1. A fine from 1.000.000 VND to 2 million VND for organizations, individuals with one of the following behaviors: lack of responsibility or the inadvertent error has not made the report of prescribed chemicals safety.
2. A fine of from 5 million to 10 million dong VND for organizations, individuals with one of the following acts: deliberately not reported or used deceptive tricks don't make chemical safety report according to the regulations.
3. Apply other measures: enforce safety reporting regulatory chemicals.
Article 20. Violating the regulations on protecting the area containing dangerous chemicals activities 1 caution or a fine of 300,000 to 500,000 Dong Dong from the Organization, individuals with one of the following behaviors: a) arbitrarily for the no duty on the chemical activity in the area of danger;
b) does not make delivery mode when the shift console;
c) Remove users or not perform guard mode, patrolling in shifts;
d) does not report promptly any unusual situations in shifts.
2. A fine of from 500,000 Dong to 1.000.000 VND for organizations, individuals with one of the following behaviors: a) not build rules, protected mode operation areas guarded the dangerous chemicals;
b) does not perform checking the guarded, protected area of dangerous chemicals activities according to regulations.
3. A fine from 1.000.000 VND VND 10 million to the Organization, individuals with one of the following behaviors: a) the payroll Not enough force protection guards according to regulations;
b) construction, equipped with missing or incorrect, insufficient regulatory means, the guarded area of dangerous chemicals.
Chapter III JURISDICTION and PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS in the FIELD OF DANGEROUS CHEMICALS MANAGEMENT article 21. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of social, Ward has the right to sanction for the acts specified in paragraph 1, Article 18 2, include: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, media in the field of management of dangerous chemicals worth up to 500,000;
d) Forced to restore the original state has been changed due to administrative violations in the field of management of hazardous chemicals.
2. The Chairman of the district people's Committee, district, town, city in the province have the right to: a) caution;
b) a fine of up to 20 million VND;
c) confiscated exhibits, media in the field of management of hazardous chemicals;
d) Forced to restore the original state has been changed due to administrative violations in the field of management of dangerous chemicals cause;
DD) forced the dismantling of unauthorized building works or the wrong permission violate the rule of law in the field of management of hazardous chemicals.
3. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) a fine of up to 50 million;
c) confiscated exhibits, media in the field of management of hazardous chemicals;
d) Forced to restore the original state has been changed due to administrative violations in the field of management of dangerous chemicals cause;
DD) forced the dismantling of unauthorized building works or the wrong permission violate the rule of law in the field of management of hazardous chemicals;
e) Compel redress not safe due to administrative violations cause;
g) Forced to move dangerous chemicals national reserve due to administrative violations cause to the repository, the prescribed venues;
h) pressed out of the territory of Vietnam or forced back under the provisions of article 20 of the Ordinance on handling administrative violations.
Article 22. The authority sanction of professional inspection professional inspection industry under the Ministry of industry has the authority of administrative sanctions for the violations within the country. Professional inspector in the industrial province, central cities have the authority to the administrative sanctions against administrative violations in the domain of local management.
The authority sanctioning administrative violations in the field of dangerous chemical management of specialized inspections are specified as follows: 1. the specialized inspectors of the Ministry of industry, the industrial Facility has the right to: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, means of offense worth up to 2 million;
d) Forced to restore the original state has been changed due to administrative violations in the field of management of dangerous chemicals cause;
DD) Forced overcome unsafe due to administrative violations caused.
2. The Chief Inspector of the Department of industry has the right to: a) caution;
b) a fine of up to 20 million VND;
c) confiscated exhibits, the media breached;
d) Forced to restore the original state has been changed due to violations of the cause;
DD) Forced overcome unsafe due to violations of the cause.
3. The Chief Inspector of the Ministry of industry has the right to: a) caution;
b) a fine of up to 50 million;
c) confiscated exhibits, the media breached;
d) Forced to restore the original state has been changed due to violations of the cause;
DD) Forced overcome unsafe due to violations of the cause;
e) Forced to move dangerous chemicals national reserve due to administrative violations cause to the repository, the prescribed venues;
g) pressed out of the territory of Vietnam or forced back under the provisions of article 20 of the Ordinance on handling administrative violations.
Article 23. The authority sanction of the force other than those specified in article 21 and Article 23 of this Decree, the competent person in the police force, customs, market management and military when the administrative violations in the field of management of dangerous chemicals regulations in this Decree and the geographical jurisdiction of its management has the right to sanction prescribed in articles 31, 32, 33, 34, 37, 38 of the Ordinance on handling administrative violations.
Article 24. Authority and principles delineate the authority sanctioning administrative violations in the field of management of dangerous chemicals 1. Authorised sanctioning administrative violations in the field of management of dangerous chemicals are applied according to the provisions of article 41 of the Ordinance on handling administrative violations.
2. Principles for determining the jurisdiction of sanctioning administrative violations in the field of management of dangerous chemicals are applied according to the provisions of article 42 of the Ordinance on handling administrative violations.
Article 25. Procedure for sanctioning of administrative violations in the field of management of dangerous chemicals 1. Procedure, the order sanctioning administrative violations in the field of management of hazardous chemicals follow the provisions of the Ordinance on handling administrative violations and Decree No. 134/2003/ND-CP of the Government on November 14, 2003 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002.
2. The documents concerning the sanctioning administrative violations in the field of management of dangerous chemicals must be kept full at the Agency sanction. Minutes of administrative violations are established according to the form prescribed by 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 in 2002.

3. Individuals, the Organization fined must pay fines on time and at the place stated in the decision to sanction unless filed spot fines under the provisions of article 54 and article 58 of the Ordinance on handling administrative violations and get receipts.
4. When granting confiscated exhibits, means of infringement, who has the authority to sanction the correct implementation of the provisions of article 60, article 61 of Ordinance on handling administrative violations and article 32 of Decree 135/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
Article 26. Accept the decision and sanction coercive enforcement of the decision sanctioning administrative violations in the field of management of dangerous chemicals 1. Personally, the organization sanctioned administrative violations in the field of management of dangerous chemicals under this decree must strictly obey decided to sanction within 10 days from the date of delivery of the decision to sanction, unless the law otherwise. If the individual, the organization sanctioned the Executive decided voluntarily not to sanction coercive enforcement of the sanction decision as specified in article 66 of the Ordinance on handling administrative violations and the coercive regulations enforce the decision sanctioning administrative violations of the law.
2. When applying coercive measures to enforce the decision sanctioning administrative violations in the field of management of dangerous chemicals, the Agency and the competent person must comply with the order, coercive procedures as specified in article 66 and article 67 of the Ordinance on handling administrative violations and the coercive regulations enforce the decision sanctioning administrative violations of the law.
Chapter IV COMPLAINTS, accusations and HANDLE VIOLATION of article 27. Complaints, accusations and complaints, accusations against the decision sanctioning administrative violations in the field of management of dangerous chemicals 1. Personally, the organization sanctioned administrative violations in the field of management of dangerous chemicals or their legal representatives have the right to appeal, the petitioner about the sanctions against them under the provisions of the law.
2. All citizens have the right to report to the competent State agencies on administrative violations in the field of management of dangerous chemicals, organizations and individuals to report violations of the authority sanctioning administrative violations in the field of management of hazardous chemicals.
3. jurisdiction, procedures, sequences, time limit complaints, accusations, administrative proceeding conducted pursuant to the provisions of the law on complaints and denunciation and the Ordinance on procedures for settling administrative cases (modified) on January 5, 1999.
Article 28. Handle violation for sanction and authority who sanctioned administrative violations in the field of management of dangerous chemicals 1. Authority sanctioning administrative violations in the field of management of dangerous chemicals that have harassed or covering up for those violations; not processed or not processed in time, does not properly handle pass regulatory authority; appropriation, unauthorized use of money, exhibits, media-related violation, then depending on the nature and extent of the violation will be disciplined or prejudice criminal liability; If the damage compensation.
2. Persons sentenced to administrative violations in the field of dangerous chemical management acts against the person on duty, postpone, evade the Executive decided to sanction or other violations, then depending on the nature and extent of the violation will be sanctioned according to the legal texts about respective sanctioning administrative violations or visit Save the criminal responsibility, if the damage compensation.
Chapter V PROVISIONS Enacted 29. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 30. Implementation 1. The Ministry of industry has responsibility for monitoring, monitoring the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.