Decree on sanctioning administrative violations in the field of protection of the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005;
Basing the Ordinance handling administrative violations on July 2, 2002.
Considering the recommendation of the Minister of natural resources and the environment, the DECREE chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations in the field of environmental protection; sanctions, fines, authority to sanction, sanction procedures and remedial measures.
2. Administrative violations in the field of environmental protection is the violation of the provisions of the State management in the field of environmental protection by the individual, the Organization implemented a way to intentionally or unintentionally not that crime and under the provisions of the Ordinance on handling administrative violations and this decree must be dealt administrative violations.
3. Administrative violations in the field of environmental protection provisions in the Decree include: a) violating the regulations on implementing the commitment to protect the environment, the report reviews the environmental impact and the other provisions on the protection of the environment;
b) infringe regulations on implementation of prevention, pollution, degradation, environmental issues.
4. The administrative violations of environmental protection are specified in the relevant decrees shall apply as specified in the decree to sanction.
Article 2. Object sanctioned 1. Personal, domestic and individual organizations, foreign organizations (hereinafter referred to as individuals, institutions) have administrative violations in the field of environmental protection on the territory of Vietnam, are sanctioned according to the provisions of this decree or the relevant decree.
The case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply according to the provisions of international treaties.
2. Individuals are minors have administrative violations in the field of environmental protection shall be sanctioned according to the provisions of article 7 of the Ordinance on handling administrative violations.
3. where the officials and public servants when implementing civil service relating to environmental protection which are violations of the law on the protection of the environment is not sanctioning administrative violations under the provisions of this Decree, which dealt with according to the provisions of the law on public officials.
Article 3. Sanction guidelines 1. All administrative violations in the field of environmental protection have to be discovered, timely and sanctions suspended immediately.
The sanction must be conducted justly, promptly, thoroughly; all environmental consequences due to administrative violations must be fixed in accordance with the provisions of the law.
2. Individuals, organizations only sanctioned administrative violations in the field of environment protection when making violations of the provisions of this Decree and the Decree of the Government regulation on sanctioning administrative violations related to the environment.
3. An administrative violations in the field of environmental protection is only sanctioned administrative offense.
Many, many organizations implement an administrative violations in the field of environmental protection, each person, each organization violated are sanctioned.
A person, an organization that performs many of the administrative violations in the field of environmental protection, the sanctioned about each violation.
4. The sanctioning administrative violations in the field of environmental protection are based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravation to decide the form and appropriate disposal measures.
5. Not sanctioning administrative violations in the field of environmental protection in the case of urgent situation in, unexpected events or administrative violations of the individual while mental disease or other diseases that have lost the ability or the ability to manually control the behavior.
Article 4. Extenuating circumstances, aggravating The extenuating, apply in aggravating the sanctioning administrative violations with regard to the violations of the provisions of chapter II of this Decree shall be made according to the provisions of article 8 and article 9 of Ordinance on handling administrative violations and article 6 Decree No. 134/2003/ND-CP on November 14, 2003, of the main Government detailing the implementation of a number of articles of the Ordinance on handling administrative violations (hereinafter referred to as the Decree No. 134/2003/ND-CP).
Article 5. Time sanctioning administrative violations 1. Time sanctioning administrative violations in the field of environmental protection is two years from the date of the administrative violations are made; If the time is not sanctions, but still apply remedial measures specified in point a, point b, point c, d paragraph 3 article 7 of this Decree.
2. for individuals be prosecuted, indicted or have decided to take the case to trial under criminal proceedings that have decided to suspend the investigation or the suspension of the case, which have sign violations administrative violations of the environment protection sanctioned administrative offense on the protection of the environment; time sanctioning administrative violations is three months from the date of the receiving authority decides to suspend and records violations.
3. Within the time limit specified in paragraph 1, item 2 of this Article if the individual, the Organization has new administrative violations in the field of environmental protection or willfully evading, obstructing the sanctions do not apply time limits specified in paragraph 1, item 2 of this Article. Time sanctioning administrative violations with respect to the above mentioned cases to be reassessed since the time of implementation of new administrative violations or since the time of the termination behaviour deliberately evade, obstruct the sanction.
Article 6. The time limit is considered to be not yet sanctioned personal administrative violations, the organization sanctioned administrative violations in the field of environmental protection if more than a year, since the day the accomplished executive decision or sanction from the most effective sanction decisions without re-offending is regarded as not yet sanctioned administrative violations in the field of environmental protection.
Article 7. Sanctions and remedial measures 1. For each administrative violations in the field of environmental protection, the individual, the organization suffered a breach in the sanctions: a) caution;
b) fine.
Specified the maximum fine for a violation in the field of environmental protection is 70 million dong.
2. Depending on the nature and extent of the violation, the individual, the organization may be applied or the additional sanctions: a) deprived of the right to use have limited time or no time limit for a certificate of environmental standards and the license type has associated content on the protection of the environment (hereinafter referred to as environmental permits);
b) confiscated exhibits, the means used to administrative violations in the field of the environment.
3. In addition to the sanctions provided for in paragraph 1, item 2 of this Article, personal, organizational administrative violations in the field of environmental protection can be applied one or more of the following remedial measures: a) Forced in the given time limit to implement environmental protection measures according to the provisions of the law on the protection of the environment;
b) enforce the remedy environmental pollution due to administrative violations cause;
c) Forcibly taken out of the territory of Vietnam or forcing re-export goods and products pollute the environment has taken on in the water;
d) forced the destruction of goods and products pollute the environment;

DD) remedial measures are stipulated in chapter II of this Decree.
Chapter II the ADMINISTRATIVE VIOLATIONS in the FIELD of ENVIRONMENTAL PROTECTION, SANCTIONS and SANCTIONS article 8. Violation of the regulations on environmental protection commitments 1. Caution or a fine from 100,000 to 500,000 Dong Dong for incorrect implementation of a behavior in the content was recorded in A commitment to protect the environment.  
2. A fine from 1.000.000 VND to 3 million contract for the behavior is not fully implementing the content was recorded in a commitment to protect the environment.
3. A fine of 3 million VND 5 million VND acts with regard to not sign the commitment to environmental protection with the State administration of environmental protection for the case to be registered is committed to protecting the environment.
4. remedial measures: a) enforce the right commitment for environmental protection has registered for a violation specified in clause 1 and clause 2 of this Thing;
b) forced to sign and implement environmental protection commitments within a period of fifteen working days from the date of receiving the decision sanctioning administrative violations for violations of the provisions of paragraph 3 of this article.
Article 9. Violation of the regulations on environmental impact assessment and strategic environmental assessment 1. 8 million to 10 million dong fine copper for incorrect implementation of a behavior in the content of the report reviews the environmental impact has been approved and the other requirements in the decision approving the report on environmental impact assessment.
2. A fine of 11 million to 15 million dong VND for acts not fully implementing the content of the report reviews the approved environmental impact and other requirements in the decision approving the report on environmental impact assessment.
3. A fine of 20 million to 30 million đồng VND for acts not reporting environmental impact assessment that has been conducted to build or put into operation works for cases to reporting environmental impact assessment.
4. A fine of 30 million to 40 million dong VND for acts not reporting strategic environmental assessment for case reporting strategic environmental assessment.
5. remedial measures: a) enforce the right content in the report environmental impact assessment has been approved and the other requirements in the decision approving the report on environmental impact assessment for the violation of the provisions of paragraph 1 and paragraph 2 of this Article;
b) Bound within a period of forty-five days from the date of receiving the decision sanctioning administrative violations to report environmental impact assessment to the competent State agencies for approval in the case of projects not yet come into official activities for violation of the provisions of paragraph 3 of this article;
c) Forced within one hundred and eighty days from the date of receiving the decision sanctioning administrative violations must handle standard environment allowed in case the project has gone into official operation for violating the provisions in paragraph 3 of this article;
d) Forced environmental reporting strategies the competent State agencies approved for violation of the provisions of paragraph 4 of this Article;
DD) enforce the remedy environmental pollution for the violation in the paragraph 1, paragraph 2 and paragraph 3 of this article.
Article 10. Violation of the provisions on discharge of waste water 1. Caution or a fine from 100,000 to 500,000 Dong Dong for waste water discharge behavior goes beyond standard under twice in the case of waste water discharges less than 50 m3/day (24 hours).
2. A fine of 2 million to 5 million dong VND for wastewater discharge behavior goes beyond standard under twice in the case of waste water discharges from 50 m3/day to under 5,000 m3/day.
3. A fine of 6 million to 8 million dong VND for wastewater discharge behavior goes beyond standard under twice in the case of waste water discharges from 5,000 m3/day or more.
4. A fine of from 9 million to 11 million dong VND for wastewater discharge behavior goes beyond standard allows from two times to five times in the case of smaller amounts of sewage waste 50 m3/day.
5. A fine of 12 million to 14 million dong VND for wastewater discharge behavior goes beyond standard allows from two times to five times the amount of wastewater discharges in case of 50 m3/day to under 5,000 m3/day.
6. A fine of 15 million dong to 17 million contract for waste water discharge behavior goes beyond standard allows from two times to five times the amount of wastewater discharges in case from 5,000 m3/day or more.
7.18 million to 20 million dong fine copper for wastewater discharge behavior goes beyond standard allows from five times to under ten times in the case of smaller amounts of sewage waste 50 m3/day.
8.21 million to 23 million dong fine copper for wastewater discharge behavior goes beyond standard allows from five times to under ten times the amount of wastewater discharges in case of 50 m3/day to under 5,000 m3/day.
9. A fine of 24 million to 26 million dong VND for wastewater discharge behavior goes beyond standard allows from five times to under ten times the amount of wastewater discharges in case from 5,000 m3/day or more.
10. A fine of 30 million VND to copper 27 million for waste water discharge behavior goes beyond standard from ten times or more in the case of waste water discharges less than 50 m3/day.
11. A fine of 31 million contract to 33 million contract for waste water discharge behavior goes beyond standard from ten times or more in the case of waste water discharges from 50 m3/day to under 5,000 m3/day.
12.34 million to 36 million dong fine copper for wastewater discharge behavior goes beyond standard from ten times or more in the case of waste water discharges from 5,000 m3/day or more.
13. A fine of 15 million dong to Dong 18 million for waste water discharge behavior that contains hazardous substances exceeding permitted under the standard twice in the case of waste water discharges less than 50 m3/day.
14. A fine from 19 million to 21 million dong VND for wastewater discharge behavior that contains hazardous substances exceeding permitted under the standard twice in the case of waste water discharges from 50 m3/day to under 5,000 m3/day.
15.22 million to 24 million dong fine copper for wastewater discharge behavior that contains hazardous substances exceeding permitted under the standard twice in the case of waste water discharges from 5,000 m3/day or more.
16. A fine of 25 million to 27 million dong VND for wastewater discharge behavior that contains hazardous substances beyond the standard from two to three times lower in the case of smaller amounts of sewage waste 50 m3/day.
17.28 million dong fine to 30 million contract for waste water discharge behavior that contains hazardous substances beyond the standard from two to three times the amount of wastewater discharges in case of 50 m3/day to under 5,000 m3/day.
18. A fine of 31 million contract to 33 million contract for waste water discharge behavior that contains hazardous substances beyond the standard from two times to three times the amount of wastewater discharges in case from 5,000 m3/day or more.
19.34 million to 36 million dong fine copper for wastewater discharge behavior that contains hazardous substances beyond the standard allows from three times to five times in the case of smaller amounts of sewage waste 50 m3/day.

20. A fine from 37 million to 39 million dong VND for wastewater discharge behavior that contains hazardous substances beyond the standard allows from three times to five times the amount of wastewater discharges in case of 50 m3/day to under 5,000 m3/day.
21. A fine of 40 million to 42 million dong VND for wastewater discharge behavior that contains hazardous substances beyond the standard allows from three times to five times the amount of wastewater discharges in case from 5,000 m3/day or more.
22. A fine of 43 million dong to 45 million contract for waste water discharge behavior that contains hazardous substances beyond the standard allows from five times or more in the case of waste water discharges less than 50 m3/day.
23. Fines from 46 million to 49 million dong VND for wastewater discharge behavior that contains hazardous substances beyond the standard allows from five times or more in the case of discharges of waste water from 50 m3/day to under 5,000 m3/day.
24. A fine of 50 million dong to Dong 55 million for waste water discharge behavior that contains hazardous substances beyond the standard allows from five times or more in the case of discharges of waste water from 5,000 m3/day or more.
25. A fine of 60 million to 70 million dong VND for wastewater discharge behavior that contains radioactive contaminated causing excessive environmental permit.
26. additional sanctions and remedial measures: a) Stripped the environmental license from ninety working days up to one hundred eighty days for violation of the provisions of paragraph 1, 2, 3, 4, 5 and 6 of this paragraph;
Duke environmental license indefinitely for violating provisions in the clause 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of this clause;
b) temporarily suspend operation until done environmental protection measures required for the offense specified in the clause 7, 8, 9, 19, 20 and 21 of this clause;
c) banned or forced to relocate the base to the location far from residential areas and in accordance with the load of the environment with respect to the violation of the provisions of paragraphs 10, 11, 12, 22, 23, 24 and 25 of this clause; 
d) enforce the remedy environmental pollution due to administrative violations specified in this cause.
Article 11. Violation of the regulations on discharges of gas, dust, 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following violations: a Waste gas, dust) exceeded the environmental standards in the environment under two times;
b) Discharges stench, unpleasant smell directly into the environment through the device limitations and environmental pollution.
2. A fine from 1.000.000 VND to 3 million contract for the violations stipulated in art. this beyond the standard allows from two times to five times in the case of emissions is under 5,000 m3/hour.
3. A fine of 4 million to 6 million dong VND for the violations stipulated in art. this beyond the standard allows from two times to five times in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
4. A fine of 7 million to 10 million dong VND for the violations stipulated in art. this beyond the standard allows from two times to five times in the case of emissions from 20,000 m3/hour or more.
5. A fine of 11 million to 13 million dong VND for the violations stipulated in art. this beyond the standard allows from five times to under ten times in the case of emissions is under 5,000 m3/hour.
6. Fines of from 14 million to 16 million dong VND for the violations stipulated in art. this beyond the standard allows from five times to under ten times in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
7. A fine of 17 million dong to 20 million VND for the violations stipulated in art. this beyond the standard allows from five times to under ten times in the case of emissions from 20,000 m3/hour or more.
8.21 million to 23 million dong fine copper for the violations stipulated in art. this beyond the standard allows from ten times or more in the case of traffic exhaust is under 5,000 m3/hour.
9. A fine of 24 million to 26 million dong VND for the violations stipulated in art. this beyond the standard allows from ten times or more in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
10. A fine of 30 million to 27 million dong VND for the violations stipulated in art. this beyond the standard allows from ten times or more in the case of emissions from 20,000 m3/hour or more.
11. A fine of 15 million dong to 17 million contract for waste gas, dust acts containing hazardous substances exceeding permitted under the standards twice in the case of emissions is under 5,000 m3/hour.
12.18 million to 20 million dong fine copper for waste gas, dust acts containing hazardous substances exceeding permitted under the standards twice in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
13. Fines of from 21 million to 24 million dong VND for waste gas, dust acts containing hazardous substances exceeding permitted under the standards twice in the case of emissions from 20,000 m3/hour or more.
14. A fine of from 25 million to 27 million dong VND for waste gas, dust acts containing hazardous substances beyond the standard from two to three times lower in the case of traffic exhaust is under 5,000 m3/hour.
15. A fine of 30 million to 28 million dong VND for waste gas, dust acts containing hazardous substances beyond the standard from two to three times lower in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
16. A fine from 31 million to 34 million dong VND for waste gas, dust acts containing hazardous substances beyond the standard from two to three times lower in the case of emissions from 20,000 m3/hour or more.
17. A fine of 35 million to 37 million dong VND for waste gas, dust acts containing hazardous substances beyond the standard allows from three times to five times in the case of emissions is under 5,000 m3/hour.
18. A fine of 38 million contract to 40 million contract for waste gas, dust acts containing hazardous substances beyond the standard allows from three times to five times in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
19.41 million dong fine to 44 million contract for waste gas, dust acts containing hazardous substances beyond the standard allows from three times to five times in the case of emissions from 20,000 m3/hour or more. 
20. A fine of 45 million contract to 47 million contract for waste gas, dust acts containing hazardous substances beyond the standard allows from five times or more in the case of traffic exhaust is under 5,000 m3/hour.
21. A fine of 48 million dong to 50 million dong for waste gas, dust acts containing hazardous substances beyond the standard allows from five times or more in the case of emissions from 5,000 m3/hour to under 20,000 m3/hour.
22. Fines of from 51 million to 54 million dong VND for waste gas, dust acts containing hazardous substances beyond the standard allows from five times or more in the case of emissions from 20,000 m3/hour or more. 
23. Fines from 55 million to 70 million dong VND for waste gas, dust acts containing radioactive contaminated causing excessive environmental permit.
24. additional sanctions and remedial measures: a) Stripped the environmental license from ninety working days up to one hundred eighty days for the violation in the 2, 3, 4, 11, 12 and 13 of this clause;

Duke environmental license expiry for the breach in the terms of 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of this clause;
b) temporarily suspend operation until done environmental protection measures required for the offense specified in clause 5, 6, 7, 17, 18 and 19 of this clause;
c) banned or forced to relocate the base to the location far from residential areas and in accordance with the load of the environment with respect to the violation of the provisions of clause 8, 9.10, 20, 21, 22 and 23 of this clause;  
d) enforce the remedy environmental pollution due to administrative violations specified in this cause.
Article 12. Violation of the regulations on noise 1. A fine from 200,000 VND to 1.000.000 VND for acts causing noise exceeding environmental standards allow under 1.5 times in time from 6 hours to 22 hours.
2. A fine from 1.000.000 VND to 3 million contract for the behavior causing noise exceeding environmental standards allows from 1.5 times over in the time from 6 hours to 22 hours.
3. A fine of from 5 million to 7 million dong VND for noisy behaviour Bo ợt environmental standards allow under 1.5 times in the period of time from 22 hours to 6 hours the following day.
4. A fine of 8 million to 12 million dong VND for acts causing noise exceeding environmental standards allows from 1.5 times over in the time from 22 hours to 6 hours the following day.
5. remedial measures: Forcing overcome consequences of violations of provisions in this cause.
Article 13. Violation of the regulations on vibration 1. Violating the rules of vibration in the building activity: a VND 500,000 fine) to 2 million VND for vibration-causing behavior beyond enabling environment standard in time from 7 hours to 19 hours for the area need special environment, quiet, residential area, hotel , motels, the administrative agency; from 6 hours to 22 hours for the interlace residential area, service and production.
b) fine from 5 million to 8 million dong VND for vibration-causing behavior beyond enabling environment standard in time from 10 hours to 1 hour before the next day for the area need special environment quiet, residential areas, hotels, motels; from 22 hours a day to 6 hours later for the interlace residential in commercial areas, manufacturing and services.
2. Violation of the regulations on vibration in industrial activities: a VND 500,000 fine) to 2 million VND for vibration-causing behavior beyond enabling environment standard in time from 6 hours to 18 hours for the area need special environment, quiet, residential , hotels, guesthouses, administrative offices, residential commercial district interspersed, service and production.
b) fine from 5 million to 8 million dong VND for vibration-causing behavior beyond enabling environment standard in time from 2 hours to 6 hours today before the next day for the area need special environment quiet, residential areas, hotels, holiday homes, residential commercial district interspersed , service and production.
3. the remedial measures: Forcing overcome consequences of violations of provisions in this cause.
Article 14. Violation of the regulations on solid waste discharges 1. Caution or a fine from 100,000 to 500,000 copper copper waste behavior for improper solid waste regulations on environmental protection.
2. A fine of 2 million to 5 million dong VND for violations of the provisions of paragraph 1 of this article to pollute the environment.
3. A fine of 15 million dong to 30 million contract for violation of the provisions in paragraph 2 of this Article in the case of solid waste containing hazardous waste exceeding the standard allows.
4. A fine of 60 million to 70 million dong VND for violations of the provisions of paragraph 1 of this article in the case of solid waste containing radioactive substances that cause pollution of environment radiation permitted to affect humans and creatures.
5. additional sanctions and remedial measures: a) Stripped the environmental license from ninety working days up to one hundred eighty days for violation of the provisions in paragraph 2 of this Article;
Duke environmental license expiry for the offense in paragraph 3 and paragraph 4 of this Article;
b) enforce the remedy environmental pollution due to administrative violations specified in this cause.
Article 15. Violating regulations on management, transport and treatment of waste 1. A fine from 500,000 to 2 million dong VND for behavior management, transport and treatment of waste, the environmental contaminants do not follow the rules of environmental protection field.
2. A fine of 2 million to 5 million dong VND for violations of the provisions of paragraph 1 of this article to pollute the environment.
3. A fine of from 5 million to 10 million dong VND for behavior management, transportation and processing of hazardous waste or contain radioactive material not regulation on the protection of the environment.
4. A fine of 10 million to 15 million dong VND for acts not registered, have generated hazardous waste for cases with respect to cases, registration with professional bodies on the protection of the environment.
5. A fine from 20 million to 30 million đồng VND for the behavior management, shipping and treat hazardous waste pollutes the environment.
6. A fine of 60 million to 70 million dong VND for behavior management, transport and treatment of waste containing radioactive substances that cause pollution of environment radiation levels too. 
7. additional sanctions and remedial measures: a) Stripped the environmental license from ninety working days up to one hundred eighty days for violation of the provisions in paragraph 2 of this Article;
Duke environmental license expiry for the breach in the paragraph 3, 4 and 5 of this Article;
b) enforce the remedy environmental pollution due to administrative violations specified in paragraphs 2, 3, 4 and 5 of this cause.
Article 16. Violation of the regulations on import of machinery, equipment, vehicles, fuel, raw materials, materials, waste materials 1. A fine of 15 million dong to 20 million from the Council with regard to the behaviour of imports of machinery, equipment, vehicles, fuel, raw materials, materials, waste materials are not properly with the provisions of the law on the protection of the environment;
2. A fine of from 25 million to 40 million dong VND for one of the following violations: a) violated the provisions in clause 1 of this pollute the environment;
b) import of machinery, equipment, means of transport used for dismantling was not right with the provisions of the law on the protection of the environment.
3. A fine of 30 million to 35 million dong VND acts with respect to transit of goods, equipment or means likely to cause pollution, environmental degradation, through the territory of Vietnam when not allowed and yet environmental inspections of the State administration of environmental protection.
4. A fine of 60 million to 70 million dong VND for one of the following violations: a) the import of machinery, equipment, means of radioactive infection, disease, other toxins not yet cleansed or not capable of cleaning;
b) import, transit of waste in any form;
c) import compounds degrade zôn box floor under the international treaties to which the Socialist Republic of Vietnam is a member.
5. remedial measures: a) forced the re-export or destruction of the machinery, equipment, vehicles, fuel, raw materials, materials, waste materials are not environmental standards;

b) enforce the remedy environmental pollution due to administrative violations specified in this cause.
Article 17. Violation of the regulations on biosecurity 1. 5 million to 10 million dong fine copper for behavior research, testing, production, business, use, import, export, store and transport of genetically modified organisms and their products do not meet the conditions of biosecurity and procedures prescribed by law.
2. A fine of 15 million dong to 30 million contract for one of the following violations: a) do not comply with the regulations on the management of biological safety for people and creatures;
b) import, transit of creatures in addition to the category.
3. A fine of 60 million to 70 million dong VND for the violations stipulated in clause 1 and clause 2 of this pollutes the environment.
4. Form of additional punishment and remedial measures: a) Stripped the environmental license from sixty working days to a hundred eighty days for violation of the provisions in paragraph 1 of this article;
Duke environmental license expiry for the breach in the clause 2 and clause 3 of this article;
b) Forcing the destruction or re-export;
c) Forced to overcome consequences of violations of the provisions of paragraph 3 of this article.
Article 18. Violation of the regulations on nature conservation 1. Caution or a fine from 100,000 to 500,000 Dong Dong for bad behavior to the environment in the nature reserve, natural heritage, tourism, the tourist spots.
2. A fine of 15 million dong to 25 million contract for behavioral nature reserve not properly rule on the protection of the environment, causing environmental degradation.
3. A fine of 50 million to 60 million contract for copper extraction behavior of national and natural heritage is not properly the provisions on the protection of the environment, causing environmental degradation.
4. remedial measures: Forcing remedial due to violations of the provisions in paragraph 2 and paragraph 3 of this article.
Article 19. Violation of the regulations on prevention of environment issues in search, exploration, exploitation, transportation of oil and gas leakage incidents, other oil spills 1. A fine of 15 million dong to 20 million from the Council for one of the following violations: a) Not fitted with means of prevention of leaking oil, oil, oil spill fire in accordance with the competent State agencies;
b) with no methodology, leak oil, oil, oil spill fire according to the regulations of the competent State bodies.
2. A fine of from 25 million to 40 million dong VND for the behavior that caused the problem of leakage of oil, oil, oil spill fire.
3. A fine of 60 million to 70 million dong VND for violations specified in clause 2 of this pollutes the environment.
4. remedial measures: Forcing remedial due to violations of the provisions in paragraph 2 and paragraph 3 of this article.
Article 20. Violation of the regulations on the production, transportation, sales, import, possession, use of substances causing fire and explosion 1. A fine from 500,000 to 2 million dong VND for unauthorized use of firecrackers.
2. A fine of 2 million to 5 million dong VND for one of the acts of producing, shipping, trading, storing, use the substances that cause fire and explosion are not properly regulated by the law on the protection of the environment.
3. A fine of 6 million to 15 million dong VND for the behavior of production, transport, storage, use the substances that cause fire and explosion pollutes the environment.
4. A fine of 15 million dong to 20 million VND for unauthorized use of explosives taken from bombs, mines, grenades and other weapons to produce Fireworks.
5. A fine from 20 million to 25 million contract for copper production behavior, business, transportation of firecrackers.
6. A fine of 60 million to 70 million dong VND for violation of paragraph 1, item 2, item 3 of this environmental cause.
7. additional sanctions and remedial measures: a) confiscated exhibits, the means used to administrative violations in the field of the environment;
b remedial) forced due to violations of the provisions of paragraphs 2, 3, 4 and 5 of this cause.
Article 21. Violation of regulations on soil pollution 1. Caution or a fine from 100,000 to 500,000 Dong Dong for buried or behavior to the soil contaminants not correct provisions of the law on the protection of the environment.
2. A fine of from 5 million to 15 million dong VND for violations of the provisions of paragraph 1 of this article to pollute the Earth.
3. A fine of from 25 million to 35 million dong VND for violations of the provisions in paragraph 2 of this Article in the case of pollutants containing hazardous waste exceeding the standard allows.
4. A fine of 60 million to 70 million dong VND for violations of the provisions in paragraph 2 of this Article in the case of contaminants containing radioactive substances that cause pollution of environment radiation exceeding permissible.
5. remedial measures: Forcing remedial due to violations of the provisions of clause 2, 3 and 4 of this cause.
Article 22. Violation of regulations on water environment pollution 1. Caution or a fine from 100,000 to 500,000 Dong Dong for discharge behavior, waste into the water environment contaminants exceeding standards allow.
2. A fine of from 5 million to 15 million dong VND for violations of the provisions of paragraph 1 of this article that cause water pollution.
3. A fine of 20 million to 30 million copper contract for violation of the provisions in paragraph 2 of this Article in the case of pollutants containing hazardous waste exceeding environmental standards allow.
4. A fine of 60 million to 70 million dong VND for one of the following violations: a) violation of the provisions in paragraph 2 of this Article in the case of contaminants containing radioactive contaminated causing excessive environmental permit;
b) put into underground water sources to the types of chemicals, toxic substances, waste, microorganisms has not been calibrated and other harmful agents for humans and creatures;
c) pour the waste in the waters of the Socialist Republic of Vietnam.
5. remedial measures: Forcing remedial due to violations of the provisions of clause 2, 3 and 4 of this cause.
Article 23. Violation of regulations regarding air pollution 1. 5 million to 15 million dong fine copper for acts that cause air pollution.
2. A fine of 20 million dong to Dong 35 million for violations of the provisions of paragraph 1 of this article in the case of pollutants containing hazardous waste causing adverse consequences to people and nature.
3. A fine of 60 million to 70 million dong VND for violations of the provisions of paragraph 1 of this article in the case of contaminants containing radioactive substances that cause pollution of environment radiation exceeding permissible.
4. remedial measures: Forcing overcome consequences of violations of provisions in this cause.
Article 24. Breach of environmental safety distance for residential areas, natural protected areas 1. A fine from 1.000.000 VND to 3 million contract for the base does not make rules about safe distance of residential environment, natural conservation area.
2. A fine of from 5 million to 10 million contract for copper production base, the following treasures placed in residential areas: a) Are flammable, explosive;
b) Contains radioactive or strong radiation;
c) Are toxic substances on the health of humans and livestock, poultry;
d) disperse the smell bad influence to human health;
DD) Causing the noise, dust, exhaust dispersal too standard;
e) hospital, the medical facility construction and treatment of infectious diseases.

3. A fine of 30 million to 50 million dong VND for one of the violations in paragraph 1, point d and point e clause 2 of this in the case of polluting the environment.
4. A fine of 60 million to 70 million dong VND for one of the violations at points a, b, c paragraph 2 of this Article in case of polluting the environment.
5. Form of additional punishment and remedial measures: a) Stripped the environmental license from sixty working days to a hundred eighty days for violation of the provisions of paragraph 1 and paragraph 2 of this Article;
Duke environmental license expiry for the breach in the paragraph 3 and paragraph 4 of this Article.
b) enforce rules about environmental safety distance for residential, nature reserve or move out of the residential places, nature reserve;
c) Forced to overcome consequences of violations of provisions in clause 3 and clause 4 of this cause.
Article 25. Violation of the rules on rescue and remedial environmental issues 1. A fine from 200,000 VND to 1.000.000 VND for one of the following behaviors: a) timely notify the Agency No State management of environmental protection, the State authorities have jurisdiction where the closest when environmental incidents detected;
b) does not implement these measures in its responsibility to promptly fix the environment;
c) No executor or executor does not properly ordered emergency mobilization of manpower, materials, means to troubleshoot environment.
2. A fine of from 20 million to 40 million dong VND for the acts causing environmental problems.  
3. A fine of 60 million to 70 million dong VND for the violations stipulated in paragraph 2 of this Article do not resolve the environment.
4. remedial measures: Forcing overcome consequences of violations of provisions in this cause.
Article 26. Violation of compulsory recovery products, used packaging 1. 5 million to 15 million dong fine copper for acts not to withdraw the product, the packaging used for the case compelled to recall the product, the packaging.
2. A fine of 30 million to 50 million dong VND for violations of the provisions of paragraph 1 of this article to pollute the environment.
3. the remedial measures: Forcing overcome consequences of violations of provisions in this cause.
Article 27. Violation of the rules on the collection, management, other, use of data, information on the environment 1. Caution or a fine from 100,000 to 500,000 Dong Dong for behavior hinders the monitoring, collect, Exchange, exploitation, use of data, information on the environment has been the competent State agencies for approval.
2. A fine of from 500,000 Dong to 1.000.000 VND for one of the following violations: a) do not comply with the provisions on processing of data, information on the environment;
b) provides data, information on the environment is not properly functioning, vires;
c) are not public information, data about the environment.
3. A fine from 1.000.000 VND to 2 million dong for unauthorised intrusion behavior in data storage systems, information about the environment.
4. A fine of 2 million to 3 million dong VND for incomplete submission behavior of census, survey, monitoring and other relevant documents to store data, information on the environment in accordance with the competent State bodies.
5. A fine of 3 million to 4 million dong VND for misleading behavior, erasing data, information on the environment.
6. A fine of 4 million to 5 million dong VND for the behavior provides the metrics calculations; the conclusion of the investigation, survey the dishonest to store data, information on the environment. 
7. A fine of 5 million to 7 million dong VND for the acts of falsifying information leading to bad consequences for the environment.
8. remedial measures: Forcing remedial due to violations in the 4, 5, 6 and 7 of this cause.
Article 28. Violation of the rules of practice, consulting services for environmental impact assessment 1. 5 million to 10 million dong fine copper for behavioural counselling practice of environmental impact assessment is not correct according to the licensed content.
2. A fine of 15 million dong to 25 million contract for one of the following violations: a) counselling practice environmental impact assessment without permission of competent State agencies;
b) evaluation of the environmental impact assessment is not correct according to the licensed content.
3. A fine of 30 million to 40 million dong VND for professional behavior evaluation service reviews the environmental impact without permission of competent State agencies.
Article 29.  Violation of the provisions on the status of environmental assessment 1. A fine from 500,000 to 2 million dong VND for the behavior reported is incorrect about the current state of the environment for the State administration of environmental protection.
2. A fine of 3 million VND 5 million VND acts with regard to non-performing status report mode environment under the provisions of the law on the protection of the environment.
3. Remedies for impairing: forced to report as required by the State administration of environmental protection.
Article 30. Violation of the regulations on margin improvement, restoration of the environment 1. A fine of 10 million dong to 20 million dong from for not depositing behavior improvement, environmental restoration in the mining of natural resources.
2. Remedy impairing: forced the Fund to renovate, restore the environment in accordance with the law.
Article 31. Breach of insurance liability in damages on the environment 1. A fine of 10 million dong to 20 million dong from for organizations, individuals with latent activity risks causing major damage to the environment not to buy liability insurance to environmental damages.
2. remedial measures: forced to buy insurance responsible for environmental damages.
Article 32. Acts impedes the activity of the State management of environmental protection 1. Caution or a fine from 100,000 to 500,000 Dong Dong for acts impedes the work of investigation, research, control, reviews the current state of the environment.
2. A fine from 1.000.000 to 4 million contract for acts impedes inspection, check on the protection of the environment by the authority, the State Agency has the authority to proceed.
3. Remedies for impairing: enforce the requirements of the State administration of environmental protection.
Chapter III jurisdiction, Article 33 SANCTIONS PROCEDURES. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of the communes, wards and towns have the right: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations in the field of the environment worth up to 500,000;
d) enforce the remedies for environmental pollution, environmental degradation caused by the violation;
DD) forced the destruction of goods and products from polluting the environment.
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, the means used to administrative violations in the field of the environment;
d) enforce the remedy environmental pollution due to violations of the cause;
DD) forced the destruction of goods and products from polluting the environment.
3. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) a fine of up to 70 million;

c) Deprived the right to use the environmental permits by the Department of natural resources and the environment;
d) confiscated exhibits, the means used to administrative violations in the field of the environment;
DD) forced the destruction of goods and products pollute the environment;
e) Forcibly taken out of the territory of Vietnam or forcing re-export goods and products pollute the environment has taken on in the water;
g) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
Article 34. The authority sanctioning administrative violations of professional inspectors on the protection of the environment 1. Specialized inspectors on resources and the environment of the Department of natural resources and environment, Ministry of natural resources and the environment are on duty have the right: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, the means used to administrative violations in the field of the environment worth up to 2 million;
d) forced the destruction of goods and products pollute the environment;
DD) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
2. The Chief Inspector of the Department of environment and natural resources has the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the environmental license in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations in the field of the environment;
DD) forced the destruction of goods and products pollute the environment;
e) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
3. The Chief Inspector of the Ministry of natural resources and the environment has the right to: a) caution;
b) a fine of up to 70 million;
c) Deprived the right to use the environmental license in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations in the field of the environment;
DD) forced the destruction of goods and products pollute the environment;
e) Forcibly taken out of the territory of Vietnam or forcing re-export goods and products pollute the environment has taken on in the water;
g) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
Article 35. The authority sanctioning administrative violations of environmental protection of the State administration and the State Inspector organization specialized in addition to those who have the authority to sanction the provisions of article 33, article 34 of this Decree, the authority sanctioned under the provisions of the Ordinance on handling administrative violations if it detects that your violations of administrative rules in this Decree, which in the field and his management then has the right to sanction but must follow the provisions of the law on the handling of administrative violations.
Article 36. Procedure for sanctioning of administrative violations 1. When the administrative violations in the field of environmental protection, who has the authority to order sanctions suspended right violations, and set the minutes about the violation, unless the sanction according to the simple procedure; the minutes set in accordance with the form prescribed by the law and conduct sanctioned by the authority; cases of violations of sanctions non authorized person set the minutes, the minutes shall be sent to the person who has the authority to sanction.
2. The order and procedure of sanction violation is as follows: a) for administrative violations that sanctions be warned or fined up to 100,000 dong, the authority sanctioned the decision to sanction in place.
The decision to sanction must specify day, month, year of decision; they, the name, the address of the offending person or the name, the address of the offending organization; violations; location violation; they, the name, the position of the decision; Article, account laws apply. This decision must be assigned to the individual, the organization sanctioned a.
Fine, in case the decision must specify the level of fines; individuals, representatives of the organization may submit the fines on the spot for sanctioning authority; in the case of payment in place then received receipts.
b) for administrative violations that sanctions are a fine on the same 100,000 then the competent person must sanction the minutes of administrative violations. In the minutes about administrative violations must specify day, month, year, location set thereon; They name, position the set thereon; they, the name, address, occupation or violator name, address offending organization; violations, measures to prevent violations and ensure the administrative sanctions (if any); commodity status, hold items (if any); the testimony of the person who violated or breached organizations representatives; If there are witnesses, the person harmed or damaged organization representatives shall specify the name, address, the victim.
3. organizations and individuals fined must pay the money in the State Treasury is recorded in the decision to sanction and fine record receipts.
In case the sanctioning administrative violations occur in remote, Outback, on the River, the sea, the region where the trouble or out of office hours, the individual, the organization may submit the money sanctioned for sanctioning authority. Who has the authority to sanction is responsible for collecting the fines on the spot and filed into the State Treasury in accordance with paragraph 3 to article 58 of the Ordinance on handling administrative violations. The penalty has the right not to pay the fine without receipts.
4. where the confiscated goods and products that cause environmental pollution, the authority must establish sanctions, thereon in the minutes must specify name, number, status, quality of goods, seized items and must be signed by the person conducting the seizure, the person sentenced or sanctioned organization representatives and witnesses. Case of need sealed goods and polluting the environment, the product must be carried in front of the person sanctioned or sanctioned organization representatives and witnesses.
5. Individuals, the organization sanctioned the executive decision to sanction within ten days from the date of delivery of the decision to sanction. So the time limit on an individual, the organization sanctioned the Executive decided voluntarily not to sanction coercive enforcement, according to the provisions of article 66 of the Ordinance on handling administrative violations and Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.
6. Individuals sanctioned from 500,000 Dong or over could be postponement sanction in case of difficulty especially in finance. The procedure and time limit for postponement to decide a fine according to the provisions of article 65 of the Ordinance on handling administrative violations.
Article 37. Deprived of the right to use the license 1. Personally, the organization is the State administration of environmental protection issued environmental license types may be deprived of the right to use if the administrative violations directly related to regulations on the use of that license.
When the decision to strip the right to use the license, who has the authority to set the minutes, stating the reason deprived of the right to use the license according to the content of the provisions of article 59 of the Ordinance on handling administrative violations, and is forced to suspend the violation.
The Duke the right to use the license is only made when the decision in writing by the competent person specified in paragraph 3 to article 33;          clause 2, Article 34 paragraph 3 of this Decree. The decision must be sent to the individual, organization, processing at the same time notify the Agency has licensed it to know.

Competent person specified in the paragraph 1, paragraph 2 and paragraph 3 to article 33 of this Decree has the right to propose the environmental licensing authority to revoke the licence.
2. Deprived of the right to use the license term for the first violation, can fix. When expiry stated in the decision on punishment, the Authoritive sanction must return the license for the Organization, individuals are using the license.
3. Strip the right to use licenses are not time limits apply to the following cases: a) license granted vires;
b) license with content contrary to the provisions on the protection of the environment;
c) serious breach of the rules on the protection of the environment deems impossible to continue work.
Article 38. When the rules apply remedial measures 1. Who has the authority to sanction the provisions of article 33, article 34 and article 35 this Decree when it decided to apply remedial measures must be based on the rule of law, the level of actual damage due to administrative violations cause and be responsible before the law about his decision.
2. Individuals, being held to apply remedial measures to enforce the sanctions that within ten days after being handed the decision to sanction, unless the law otherwise. Case of non-enforcement would be coercive in the allotted time. Costs for the continued coercive organizations by individuals, organizations coerced responsible.
3. In the case of the exhibits, means of administrative violations of environmental protection are confiscated or destroyed then must set the minutes signed by the decision, the person fined, witnesses and exhibits handling administrative violations in accordance with the provisions of article 60 , Article 61 of Ordinance on handling administrative violations.
Chapter IV COMPLAINTS, accusations, HANDLING of breach of article 39. The complaint, report 1. Personally, the organization sanctioned administrative violations in the field of environmental protection or their legal representatives have the right to appeal against the decision to sanction of the competent person.
Citizens have the right to report to the competent State agencies of the unlawful behaviour of administrative sanctions in the field of environmental protection.
2. The procedure of complaints, accusations and complaints, accusations under the provisions of article 118 of the Ordinance on handling administrative violations.
3. The petitioner for the decision sanctioning administrative violations, decided to adopt measures to prevent and sanction secured administrative violations in the field of environmental protection are made according to the provisions of the law on the procedure of resolving administrative cases.
Article 40. Handle for the authority sanctioning administrative violations in the field of environment protection authority sanctioning administrative violations in the field of environmental protection that harassment, tolerate, cover the breach, not sanctions or no sanctions, untimely beyond sanctions, jurisdiction, depending on the nature and extent of the violation will be disciplined or prejudice criminal responsibility, if the damage to the State, citizens, organizations must be compensated according to the provisions of the law.
Article 41. Handle violation against the sanctioned administrative offense Who sanctioned administrative violations in the field of environmental protection if there are acts against the person on duty, postpone, evade the executor or other violations, then depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V ENFORCEMENT PROVISIONS Article 42. Handle exists in production facilities, business activity services before January 2005 Environmental Protection Laws have effect has created A register of environmental standards is the competent State agencies to confirm that there are violations of the provisions of the law on environmental protection and this Decree sanctioned as for production facilities in service, the object must sign A commitment to protect the environment.
43 things. Effective enforcement of this Decree has effect after 15 days from the date The report.
Abolition of Decree No. 120/2004/ND-CP dated 12 May 2004 from the Government regulation on sanctioning administrative violations in the field of environmental protection.
Article 44. Responsibilities and enforcement the Minister of natural resources and the environment within the scope of the functions, duties, his powers have a responsibility to guide and organize the implementation of this Decree.
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.