The Decree 116/2004/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Environmental Protection

Original Language Title: Nghị định 121/2004/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực bảo vệ môi trường

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The DECREE regulating the 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 environment protection 27 December 1993;
Basing the Ordinance on administrative violations processing 2 July 2002;
According to 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) infringe regulations on implementation of sign environmental standards, 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 violation of environmental protection regulations in the Decree of the Government (hereafter referred to as the relevant decree) apply the provisions of the Decree.
Article 2. Object sanctioned 1. Individuals, Vietnam had organized administrative violations in the field of environmental protection are sanctioned according to the provisions of this Decree and the related Decree.
2. Individuals, foreign institutions have administrative violations in the field of protection of the environment within the territory, exclusive economic zone and the continental shelf of the Republic of Vietnam Socialist are sanctioned as individuals, Vietnam organization according to the provisions of this Decree and the related Decree unless the international treaties to which the Socialist Republic of Vietnam signed or joined otherwise.
3. 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.
Article 3. Sanction guidelines 1. All administrative violations in the field of environmental protection trưường to be discovered, timely and sanctions suspended immediately.
The sanctions must proceed quickly, đưược, thoroughly; all environmental consequences of trưường 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 trưường only sanctioned administrative offense.
A ngưười, an organization that performs many of the administrative violations in the field of environmental protection, the sanctioned about each violation.
Many ngưười, many organizations implement an administrative violations in the field of environmental protection, each of ngưười, each held in violation are sanctioned.
4. The sanctioning administrative violations in the field of environmental protection trưường is 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 trưường in the urgent situation in case 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.
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 đưược; 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 đưưa 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 violations of environmental protection trưường; 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 trưường or willfully evading, obstructing the sanctions do not apply time limits specified in paragraph 1, item 2 of this Article. Time sanctioning administrative violations were counted back from 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, the đưược considers nhưư chưưa sentenced to administrative violations in the field of environmental protection trưường.
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 the certificate trưường lips and standard license types have relevant content on the protection of the environment (hereinafter referred to as environmental permits) have limited time or no time limit;
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) enforce term environmental protection measures by the State administration of environmental protection required;
b) enforce the remedy for pollution, environmental degradation, due to violations of the cause;
c) Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles environmental polluters;
d) forced the destruction of goods, articles pollute the environment.
4. The individual, the organization violated involuntarily made the measures specified in point a, point b, point c, d paragraph 3 of this article shall be applied coercive measures and must bear all costs for the application of coercive measures. The coercive enforcement is made according to the provisions of article 66 Ordinance on handling administrative violations.
Chapter II

The ADMINISTRATIVE VIOLATIONS in the FIELD of ENVIRONMENTAL PROTECTION TRƯƯỜNG, FINES and SANCTIONS article 8. Violation of the regulations on registration of standard environment, reported in environmental impact assessment, certificate of environmental standards and the other environmental permits 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for the behavior does not make registration of environmental standards for the facilities subject to the regulations to register environmental standards to the State administration of environmental protection confirmed that undertook construction.
2. A fine from 1.000.000 VND to 2 million VND for acts not reporting the environmental impact assessment for the facilities subject to reporting rules on environmental impact assessment to the State administration of environmental protection for approval which was conducting building works.
3. A fine of 1,500,000 VND to 3 million contract for the behavior does not make registration of environmental standards for the facility are in operation in the specified object to the standard registration environment.
4. A fine of 3 million VND 5 million dong to for one of the following violations: a) not registered environmental standards for facilities in industrial activities are subject to regulations must sign up to environmental standards;
b) Not reporting the environmental impact assessment of active establishments subject to reporting rules on environmental impact assessment;
c) operate without environmental permits according to the regulations of the State administration of environmental protection for the base subject to establish A register of environmental standards.
5. A fine from 5 million to 10 million contract for active behavior without environmental permits according to the regulations of the State administration of environmental protection for the facilities subject to reporting environmental impact assessment and the basis of industrial objects must establish a register of environmental standards.
6. other measures for violation of the provisions of this Article: a) enforce the registration term of standard environmental impact assessment report on the environment;
b) enforce the duration of procedures for environmental licensing.
Article 9. Violation of the regulations on the implementation of the contents of A register of environmental standards, the report reviews the environmental impacts 1. Caution or a fine of from 500,000 to 2 million dong VND for acts done incorrectly the content in A register of environmental standards was confirmed.
2. A fine of 2 million to 5 million dong VND for the behavior not implemented the contents of A register of environmental standards was confirmed.
3. A fine of 3 million VND 5 million dong to for acts done incorrectly the content in A register of environmental standards is confirmed by the facilities in the industrial area or in the report of environmental impact assessment has been approved.
4. A fine of from 5 million to 10 million dong VND for acts not to make the contents of A register of environmental standards is confirmed by the activity in an industrial or in the report of environmental impact assessment is approved.
5. other remedies for breach of the provisions in this Thing: enforce term for violation of the provisions of paragraph 1, item 2, paragraph 3 and paragraph 4 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.
2. A fine of 2 million to 8 million dong VND for wastewater discharge behavior goes beyond standard allows from two times over.
3. A fine of 15 million dong to 30 million contract for waste water discharge behavior that contains hazardous substances beyond the standard allows.
4. A fine of 60 million to 70 million dong VND for wastewater discharge behavior that contains radioactive contaminated causing excessive environmental permit.
5. additional sanctions and remedial measures for violation of the provisions of this Article: a) license use right Tưước trưường lips from 90 days to 180 days for the violation of the provisions in paragraph 2, paragraph 3 of this article;
Tưước lip trưường license usage rights are not time limits with respect to the violation of the provisions of paragraph 4 of this Article;
b remedial) forced due to violations of the provisions of paragraph 1, item 2, clause 3 and clause 4 of this cause.
Article 11. Violation of the regulations on exhaust gases, 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;
b) Discharges stench, unpleasant smell directly into the environment through the device limitations and environmental pollution.
2. A fine of 2 million to 5 million dong VND for the violations stipulated in art. this beyond the standard allows from two times over.
3. A fine of 15 million dong to 30 million contract for the behavior of dust emissions, exhaust emissions contain harmful substances exceed the standard allows.
4. A fine of 60 million to 70 million dong VND for the behavior of dust emissions, exhaust emissions contain radioactive contaminated causing excessive environmental permit.
5. additional sanctions and remedial measures for violation of the provisions of this Article: a) the Tưước right to use certificate of environmental standards from 90 days to 180 days for the offense in paragraph 2, paragraph 3 of this article;
Tưước the right to use a certificate of environmental standards for the time limit is not breached in paragraph 4 of this Article;
b remedial) forced due to violations of the provisions of paragraph 1, item 2, clause 3 and clause 4 of this cause.
Article 12. Violation of the regulations on solid waste discharges 1. Caution or a fine from 100,000 to 500,000 Dong Dong for solid waste emissions behavior are not properly regulated.
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 exceeding permissible.
5. additional sanctions and remedial measures for violations of the provisions of this Article: a) deprived of the right to use the environmental permits from 90 days to 180 days for the violation of the provisions in paragraph 2, paragraph 3 of this article;
Tưước the right to use the environmental permit no time limit for the offense in paragraph 4 of this Article;
b remedial) forced due to violations of the provisions of paragraph 1, item 2, clause 3 and clause 4 of this cause.
Article 13. Violation of the regulations on noise and vibration 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for acts which cause noise, vibration exceeding environmental standards allow.
2. A fine of 2 million to 5 million dong VND for acts that cause noise, vibration vưượt environmental standards allow in period from 22 hours the previous day to 6 hours the following day.
3. other remedies for the violations of in this: Forcing remedial due to violations of the provisions of paragraph 1, item 2 of this cause.

Article 14. Violating regulations on management, transport and treatment of waste 1. Caution or a fine of from 500,000 to 2 million dong VND for behavior management, transport and treatment of waste, the environmental contaminants trưường not in accordance with the rules of environmental protection trưường.
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 20 million to 30 million đồng VND for the behavior management, shipping and treat hazardous waste pollutes the environment.
5. 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 exceeding permissible.
6. additional sanctions and remedial measures for violations of the provisions of this Article: a) Stripped the environmental permits from 90 days to 180 days for the violation of the provisions in paragraph 2, paragraph 3, paragraph 4 of this Article;
Tưước environmental licence expiry for the offense in paragraph 5 of this Article;
b remedial) forced due to violations of the provisions in paragraph 2, paragraph 3, clause 4 and clause 5 of this cause.
Article 15. Violation of the regulations on import, export of scrap metal 1. A fine of 2 million VND 5 million came from the Council with regard to the behaviour of imports, exports, transit, temporary import to export, re-export, transfer, import and export to scrap not in accordance with the provisions of the State administration of environmental protection.
2. A fine of from 5 million to 10 million dong VND for the behavior of importing, exporting, transit, temporary import for re-export, to temporarily export to import, convert and export scrap without competent bodies of State management of environmental protection permit.
3. A fine of 10 million dong to 20 million VND for the violations stipulated in paragraph 1, paragraph 2 this pollutes the environment.
4. A fine of 55 million dong to 70 million contract for the acts specified in paragraph 2 of this Article in case the waste is hazardous or radioactive substances exceeding environmental standards allow.
5. the remedial measures for the violation in this: a) the Forced culling or re-export wastes, or hazardous waste;
b remedial) forced due to violations of the provisions of paragraph 3, paragraph 4 this cause.
Article 16. Violation of the regulations in the operations research, production, import, hazardous chemicals, genetically modified organisms and their products 1. 5 million to 10 million dong fine copper for the behavior of importing technologies, hazardous chemicals, genetically modified organisms and their products are not in the correct state regulations on the protection of the environment.
2. A fine of 10 million dong to 20 million contract for technology import behaviour, hazardous chemicals, genetically modified organisms and their products without permission of competent State agencies.
3. A fine of from 30 million to 45 million dong VND for the behavior rules in research, application, transfer, production, transportation for genetically modified organisms and their products.
4. A fine of 55 million dong to Dong 70 million for violations of the provisions of paragraph 1, item 2, clause 3 this pollutes the environment.
5. Form of additional punishment and remedial measures for the violation in this: a) deprived of the right to use license from 30 days to 90 days for violating the provisions of this Article;
b) forced the culling or re-export;
c) Forced to overcome consequences of violations of the provisions of paragraph 4 of this cause.
Article 17. Violation of the regulations on nature conservation 1. Caution or a fine from 200,000 VND to 1.000.000 VND for behavioral nature reserve, not national provisions on the protection of the environment.
2. A fine of 15 million dong to 30 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 behaviour is not the correct national regulations on the protection of the environment, causing environmental degradation.
4. remedial measures for violations at this: Forcing remedial due to violations of the provisions in paragraph 2, paragraph 3 of this article.
Article 18. Violation of the regulations on prevention of environment issues in search, exploration, mining, oil and gas transportation 1. 2 million to 5 million dong fine bronze 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 10 million dong to 20 million VND for the behavior that caused the problem of leakage of oil, oil, oil spill fire.
3. A fine of 55 million dong to 70 million contract for violation of the provisions in paragraph 2 of this Article to pollute the environment.
4. remedial measures for violations in this Thing: enforce the remedy environmental pollution due to violations of the provisions in paragraph 2, paragraph 3 of this article.
Article 19. Violation of the regulations on the production, transportation, sales, import, possession, use of fireworks and other explosive incendiary 1. Caution or a fine from 2 million to 5 million dong VND for the behavior of production, transportation, sales, import, possession, use of fireworks and other explosive incendiary incorrectly rules on protecting the environment.
2. Caution or a fine of from 5 million to 15 million dong VND for the behavior of production, transport, storage, use of fireworks and other explosive incendiary pollutes the environment.
3. A fine of 15 million dong to the same 30 million for unauthorized use of explosives taken from bombs, mines, grenades and other weapons to produce Fireworks.
4. A fine of 55 million dong to 70 million contract for breach of paragraph 1, item 2, item 3 of this environmental cause.
5. additional sanctions and remedial measures for violations at this: a) confiscated goods, materials and products;
b) enforce the remedy environmental pollution due to violations of the provisions of clause 2, clause 3 and clause 4 of this cause.
Article 20. 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 are not in accordance with the regulations 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 20 million dong to 35 million contract for violation 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. Remedies for violations in this Thing: enforce the remedy for pollution, environmental degradation due to violations of the provisions of clause 2, clause 3 and clause 4 of this cause.
Article 21. 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 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. Remedies for violations in this Thing: enforce the remedy for pollution, environmental degradation due to violations of the provisions of clause 2, clause 3 and clause 4 of this cause.
Article 22. Violation of regulations regarding air pollution 1. 5 million to 15 million dong fine copper for the types of waste behavior of smoke, dust, toxic or other harmful elements into the air, pollutes the air.
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 for violations at this: Forcing remedial due to violations of the provisions of paragraph 1, paragraph 2 and paragraph 3 of this article.
Article 23. Violation of the rules on rescue and remedial environmental issues 1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following behaviors: a) timely report for non-people Committee, State administration of environmental protection where the closest when detecting the problem trưường lips.
b) does not implement these measures in its responsibility to promptly fix the lips trưường.
c) No executor or executor not true emergency mobilization order of tưư, phưương to troubleshoot trưường lips.
2. A fine of 2 million to 5 million dong VND for the violations stipulated in paragraph 1 of this article in case of polluting the environment.
3. A fine of from 5 million to 10 million dong VND for the violations stipulated in paragraph 1 of this article in case of causing extensive environmental pollution, the time to fix the long-term consequences.
4. Other measures for violations of the provisions of this Article: enforce the remedy for pollution, environmental degradation due to violations of the provisions of paragraph 1, paragraph 2 and paragraph 3 of this article.
Article 24. Acts impedes the activity of the State management of environmental protection 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts impedes the work of investigation, research, control, reviews the current state of the environment.
2. Caution or a fine from 1.000.000 VND to 3 million contract for the behavior reported is not honest about the current state of the environment for the State administration of environmental protection.
3. A fine from 1.000.000 VND to 4 million contract for acts impedes inspection, check on the protection of the environment by the State administration of environmental protection.
4. other remedies for breach of the provisions in this Thing: enforce the requirements of the State administration of environmental protection.
Chapter III jurisdiction, article 25 SANCTIONS PROCEDURES. The authority sanctioning administrative violations of the people's Committee Chairman level 1. The commune people's Committee Chairman, phưường, has the right to: a) caution;
b) a fine of up to 500,000;
c) confiscated goods, environmental polluting items worth up to 500,000;
d) Forced to remedy environmental pollution, environmental degradation caused by the violation;
DD) forced the destruction of goods, articles pollute 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 goods, produce environmental polluters;
d) enforce the remedy environmental pollution due to violations of the cause;
DD) forced the destruction of goods, articles pollute 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) Tưước the right to use the environmental permits by the Department of natural resources and the environment;
d) confiscated goods, pollution items trưường;
DD) enforce the remedies for environmental pollution, environmental degradation caused by the violation;
e) forced the destruction of goods, articles pollute the environment.
Article 26. 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 the environment, the central cities, the 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 goods, environmental polluting items worth up to 2 million;
d) forced the destruction of goods, articles that cause environmental pollution;
DD) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
2. The Chief Inspector of the resource and environment specialist of the Department of natural resources and the environment, central cities have 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 goods, produce environmental polluters;
DD) forced the destruction of goods, articles that cause environmental pollution;
e) enforce the remedies for environmental pollution, environmental degradation due to violations of the rules in this cause.
3. The Chief Inspector of the Ministry of environmental 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 goods, produce environmental polluters;
DD) forced the destruction of goods, articles that cause environmental pollution;
e) enforce the remedies for environmental pollution, environmental degradation caused by the violation.
Article 27. The authority sanctioning administrative violations of environmental protection of the State administration and the Organization of home inspectors professional nưước in addition to those with authority to sanction prescribed in article 25, article 26 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 article 42 of the Ordinance on handling administrative violations.
Article 28. Procedure for sanctioning of administrative violations 1. When the administrative violations in the field of environmental protection, ngưười has the authority to order sanctions suspended right violations.
2. The order of procedure for sanctioning of administrative violations are 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 the fines. Individuals, organizations can file infringement 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); the condition of the goods, 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 the 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. When the confiscated goods, environmental polluting items then the competent person 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, environmental polluting items must then proceed right in front of the person sanctioned or sanctioned organization representatives and witnesses.
5. Individuals, the organization sanctioned the executive decision to sanction within 10 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.
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 29. Tưước 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 tưước the right to use the license, ngưười has the authority to set the minutes, stating the reasons for tưước the right to use the license according to the content of the provisions of article 59 Ordinance handling administrative violations, and is forced to suspend the violation.
The tưước the right to use the license đưược only made when the decision in writing by the competent ngưười the provisions in paragraph 3 article 25; item 2, clause 3 Article 26 of this Decree. The decision must be sent to the individual, organization, processing at the same time notify the license place know.
Ngưười competent jurisdiction specified in paragraph 1, item 2, item 3 article 25 of this Decree has the right to propose environmental licensing agency trưường to revoke the licence.
2. Tưước the right to use the license term for the first violation, can overcome the đưược. When expiry stated in the decision on punishment, the Authoritive sanction must return the license for the Organization, individuals are using the license.
3. Tưước the right to use licenses are not time limits apply to the following cases: a) the license level đưược 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 30. These rules when applied to other administrative measures 1. Ngưười has the authority to sanction prescribed in article 25, article 26 and article 27 of the Decree this when deciding to adopt other administrative measures are based on the rule of law, the level of actual damage due to administrative violations causing and is responsible trưước law on its decision.
2. Individuals, being held to apply other administrative measures to enforce the sanctions that within 10 days after delivery of the decision to sanction, unless the law otherwise. Trưường cưưỡng cannot be enforced within the allotted time. Costs for the Organization of cưưỡng prepared by the individual, the Organization was responsible for processing cưưỡng.
3. in the case trưường the exhibits, phưương facilities and administrative violations of environmental protection trưường are confiscated or destroyed then must establish the minutes of decision ngưười, ngưười penalty, 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, HANDLE VIOLATION of article 31. The complaint, report 1. Personally, the organization sanctioned administrative violations in the field of environmental protection trưường or their legal representatives have the right to appeal against the decision to sanction of the competent ngưười.
Citizens have the right to report to the competent nưước the unlawful behavior of administrative sanctions in the field of environmental protection trưường.
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 32. Handle for the ngưười authority sanctioning administrative violations in the field of environmental protection Ngưười authority sanctioning administrative violations in the field of environmental protection trưường that harassment, tolerate, cover the breach, not sanctions or no sanctions, sanctions beyond the jurisdiction then, depending on the nature and extent of the violation will be disciplined or prejudice criminal responsibility, if the damage to the House nưước, citizens, organizations must be compensated according to the provisions of the law.
Article 33. Handle violation against the sanctioned administrative offense Ngưười sentenced to administrative violations in the field of environmental protection trưường 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 34. Effective enforcement of this Decree has effect after 15 days from the date The report.

This Decree replaces Decree No. 26/CP on April 26, 1996 by the Government sanctioning administrative violations of environmental protection.
Article 35. Responsibilities and enforce The trưưởng Ministry of natural resources and the environment within the scope of the functions, duties, their powers are responsible hưướng organization and enforce this Decree.
The Ministry trưưởng, trưưởng Ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

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