Advanced Search

Decree 19/2001/nd-Cp: About Sanctioning Administrative Violations In The Field Of Safety And Radiation Control

Original Language Title: Nghị định 19/2001/NĐ-CP: Về xử phạt vi phạm hành chính trong lĩnh vực an toàn và kiểm soát bức xạ

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Decree on sanctioning administrative violations in the field of safety and radiation control _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Basing the Ordinance on administrative violations processing 6 July 1995;
The base Safety Ordinance and radiation control on June 25, 1996;
According to the recommendation of the Minister of science, technology and the environment;
 
DECREE: chapter I GENERAL PROVISIONS article 1. Object, scope 1. The Organization, the individual intentionally or unintentionally made violations of the provisions of the State administration for safety and radiation control without prejudice to the criminal liability of administrative sanctions under the provisions of this Decree.
2. Administrative violations in the field of State management on safety and radiation control include: a) violations of the provisions of the Declaration, registration, license provisions in Ordinance on radiation safety and control;
b) violation of the technical regulations for radiation safety;
c) violations of specific provisions of the Ordinance on radiation safety and control, and Decree No. 50/1998/ND-CP dated 16 July 1998 from the Government detailed rules implementing the Ordinance on radiation safety and control.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the radiation device is the device can emit ionizing radiation, including the radiation emitting device only when in the active mode (such as the x-ray generators, accelerators ...) radiation equipment and radioactive source mounted inside (such as radiotherapy equipment remotely , radiation pressure equipment, the x-ray generators used in the analysis in the shop, the basis of irradiated nuclear reactor, ...).
2. using Radioactive Sources (in this decree referred to as radioactive source) sealed radioactive sources include radioactive sources and openings. The radioactive source is the radioactive material is used with equipment or used alone in the application of nuclear techniques on a target identified.
3. sealed radioactive Source is the radioactive source in which the radioactive material is enclosed in a casing layer has a special structure ensure no radioactive substances to escape into the environment during normal working conditions or in case of radiation incidents.
4. the radiation Source is the radioactive source openings are not enclosed in a class of cases in which it has a particular structure as radioactive sealed sources, the radioactive material could leak when the incident radiation.
5. Special radiation work is the work of installation, operation, repair, troubleshooting the radiation, nuclear reactor malfunctions, accelerators, radiation therapy machines, equipment for the irradiation industry and industrial sales, the air industry and the scintigraphy radiation work relevant to health and requires special work environment.
6. radiation safety service is the operation serves radiological safety work for radiation, radiation dose measurement service for individuals, design build renovate, expand, upgrade the facilities such as x-ray room radiation, nuclear medicine, radiation therapy facility, remote radioactive sources, warehouses, depots of radioactive substances and radioactive waste, radiation safety assessment, reviews the impact of radiation on the environment, the quality of the radiation equipment, measuring equipment calibration of radiation and radiation devices.
7. transport index is the index used to control the irradiated, to prescribe the amount of radioactive substances radioactive package in order to ensure safety during transportation.
8. State administration of safety control and radiation is the radiation safety Committee and Ministry of nuclear science, technology and the environment.
Article 3. The principle of applying the sanctions administrative violations 1. The handling of administrative violations by persons competent to proceed in accordance with the provisions of the law.
2. organizations and individuals just sentenced to administrative violations in the field of safety and radiation control when the violations as stipulated in paragraph 2 to article 1.
3. all administrative violations in the field of safety and radiation control must be detected promptly and must be suspended immediately. The sanction must be conducted swiftly, justly; any consequences due to administrative violations of safety and radiation cause must be remedied in accordance with the provisions of this Decree. The Organization, individuals are administrative violations of safety and radiation damage of physical, human health must be compensated according to the provisions of the law.
4. An administrative violation of safety and radiation control only sanctioned once.
A person who performs many of the administrative violations of radiation safety and control, the sanctioned individual violations.
Many people make an administrative violation of safety and radiation control, then people are sanctioned violations.
5. The sanctioning administrative violations of safety and radiation control must base on the nature and extent of the violation, identity and the extenuating circumstances, aggravating to decide sanctions and appropriate disposal measures under the provisions of this Decree.
Not sanctioning administrative violations in the field of safety and radiation control in cases in a situation of legitimate defence, urgent, unexpected events or the administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
6. In the case of pecuniary sanctions, specific penalties for a violation of the provisions of this Decree is the average of the frame of the fines prescribed for that behavior. Cases of violations have extenuating circumstances, the level of specific fines are lower than the average, but not lower than the lowest level of fine frame. Cases of violations are aggravating the high levels of specific fines than average, but not higher than the highest level of fine frame.
7. Extenuating circumstances, aggravating applied under article 7 and article 8 of the Ordinance on handling administrative violations.
Article 4. Forms of sanctioning administrative violations in the field of radiation safety and control 1. The main sanctions: warnings or fines.
2. additional fine form: a) Stripped there is no time limit or time limit the right to use the license by State regulators about safety and radiation control;
b) confiscated exhibits, the means used to administrative violations in the field of safety and radiation control.
3. Apply other measures: a) Forcing the infected radiation removal;
b) Forced to restore original state has been changed due to administrative violations cause;
c) forced the culling, burial goods, items containing radioactive substances as prescribed for radiation safety;
d) forced the renovated building structure, shielding radiation safety standard to ensure the surrounding environment.
DD) Forced back under the provisions of the law on the protection of the environment exhibits violation has imported;
e) Forcing job suitable for people under 18 years old, who suffer the disease prohibited under the provisions of the Ministry of health; pregnant women or breastfeeding are in time according to the provisions in clause 1 article 6, paragraph 3 article 10 of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government and environmental law.
g) Forcing compensation: the compensation due to administrative violations cause to be conducted according to the principles of the agreement between the parties. With regard to the damage worth up to 1.000.000 VND which the parties do not settle the compensation due authority sanctioned the decision; the damage worth over 1.000.000 VND if the parties do not settle, the resolution under civil proceedings.

Article 5. Time sanctioning administrative violations and the deadline are considered not yet sanctioned administrative violations 1. Time sanctioning administrative violations in the field of safety and radiation control is one year from the date of the administrative violations are made. The time limit on the count is two years for administrative violations in export, import of sources of radiation, protection of the environment. If the time limit for the said organizations and individuals have made violations sanctioned, but may apply measures specified in point a, b, c, d, DD, e, paragraph 3 to article 4 of this Decree.
2. for individuals made violations of the law on safety and radiation control 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, the Government sanctioned if breach of the provisions referred to in this Decree; time sanctioning administrative violations is three months from the date of the decision to suspend.
3. Within the time limit specified in paragraph 1 and paragraph 2 of this article, if the Organization, individuals are new administrative violations or willfully evading, obstructing the sanction, the time limits are calculated again since the implementation of new administrative infringement or from when the behaviour evading, obstructing the sanctions ended.
4. The organization, individuals sentenced to administrative violations of safety and radiation control, if over one year from the date of enforcement of the decision or sanction is done from the most effective sanction decisions without re-offending is regarded as not yet sanctioned administrative violations of safety and radiation control.
 
Chapter II the VIOLATION, and the FINE FORM of article 6. Violations of the regulations on the Declaration 1. Caution or impose a fine of up to 200,000 Council for organizations, individuals report slow but not more than 30 days compared with the time prescribed for one of the following subjects: the base the radioactive sources, radiation, radiation devices, radioactive waste.
2. A fine of 3 million VND 5 million dong to the Organization, individuals with one of the following violations: a) cheating in reporting, incomplete declarations;
b) fixing, erasing the record to be eligible to apply exemptions Declaration, registration license;
c) does not declare the radiation facility;
d) undeclared radioactive sources, radioactive waste;
DD) does not declare the radiation equipment.
Article 7. Violations of the regulations on registration of fines from 5 million to 10 million dong VND for the Organization, the individual is not registered under the regulations: the basis of radiation, radiation devices, radioactive sources, radioactive waste or whereabouts, the handling of radioactive waste.
Article 8. Violation of export, import of the equipment radioactive sources, radiation, radioactive waste imports 1. 5 million to 10 million dong fine copper for the Organization, the individual export, import incorrect technical parameters of radiation devices, radioactive sources stated in the license.
2. A fine of 50 million to 100 million dong VND for the Organization, personal imports of radioactive waste.
3. Apply other measures: forcing re-export exhibits violated as prescribed radiation safety.
Article 9. Violations of regulations on storing, selling and buying equipment for radiation 1. A fine of 30 million to 50 million dong VND for the Organization, individuals perform one of the following behaviors: a) the purchase, sale, distribution of radiation equipment without a license by the State administration for safety and radiation control;
b) kept the radiation equipment, radioactive waste without a license by the State administration for safety and radiation levels.
2. additional sanctions: confiscated exhibits, means of offense.
Article 10. Violations of the regulations on transport of radioactive sources, radioactive waste 1. 5 million to 10 million dong fine copper for organizations and individuals, do one of the following behaviors regarding transport of radioactive sources and radioactive waste: a) the incorrect shipping route specified in the licence;
b) used in packaging non-standard rules of radiation safety;
c) packed non-standard rules of radiation safety;
d) using radioactive package labels do not properly regulated radiation safety;
DD) used improper means of transport prescribed for radiation safety;
e) shipping without the staff responsible for the radiation safety comes (except in the case of transport of radiation devices only when new activities emit radiation);
g) transporting the shipment and the shipment is too regulated transport indicators;
h) shipping in terms of radiation dose in the cockpit and spot people sitting beyond the regulations on radiation safety.
2. A fine of from 20 million to 40 million dong VND for individual organizations to scattered radiation sources, radioactive waste during transportation.
3. Apply other measures: forcing the infected radiation emission removal for the case mentioned in item 2 of this Article.
Article 11. Violations of the provisions of the license used by the State administration for safety and radiation control level 1. 5 million to 10 million dong fine copper for organizations, individuals in violation of the provisions of the following: a) use radiation equipment in the examination and treatment without a license;
b) use radiation equipment to analyze the structure, chemical composition of the materials (including identifying the gold content), to examine the goods without a licence;
c) use radiation equipment to scientific research without a licence;
2. A fine of 8 million dong to Dong 15 million for organizations, individuals use radiation equipment for electromechanical model without a license.
3. Apply other measures: Forcing compensation for damage caused by violation of the provisions of art. This caused up to 1.000.000 VND.
Article 12. Violations of the regulations on upgrading, expanding the base of radiation from 5 million to 10 million dong fine copper for organizations, individuals in violation of the provisions of the following: 1. Upgrade, extend the range of the radiation facility without a license by the State administration for safety and radiation control;
2. Put the base of radiation work again after upgrade, expand without active licenses back by the State administration for safety and radiation levels.
Article 13. The behavior of special radiation work without a license by the State administration for safety and radiation levels from 2 million to 5 million dong fine copper for radiation workers without work permits special radiation as prescribed in clause 1 article 24 Safety Ordinance and radiation control.
Article 14. Violations of the regulations to do the radiation safety service from 2 million to 5 million dong fine copper for organizations, individuals with one of the following violations: 1. Do the radiation safety service without permission of State regulators on safety and radiation control;
2. Do not send radiation dose measurement results of the State administration of safety control and radiation as prescribed in clause 2 article 13 Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government;
3. Form of the additional penalty: deprived of the right to use the license until 6 months for violation in paragraph 1 of this article.
Article 15. Violations of the conditions specified in the licence by the State administration for safety and radiation control level 1. 2 million to 5 million dong fine copper for organizations, individuals in violation of the conditions stated in the license.
2. A fine of from 5 million to 10 million dong VND for the Organization, individuals using radiation source to purposes other than the license granted.

3. additional sanctions: deprived of the right to use the license until 3 months for violations of the provisions of paragraph 1 of this article and deprived of the right to use the license indefinitely for violations of the provisions in paragraph 2 of this Article.
Article 16. License usage too time limit 1. Caution or impose a fine of up to 200,000 Council for organizations, individuals use permit, work permit expired use radiation but not more than 30 days from the date the license expires.
2. A fine of 3 million VND 5 million dong to the Organization, individuals using Active licenses, work permits expired radiation use in cases not specified in clause 1 of this article.
Article 17. Violation of regulations of abolition of the radiation facility fined from 10 million to 20 million dong VND for the Organization, individuals made the abolition of the radiation facility is not the correct procedure, the order prescribed in article 15 of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government.
Article 18. Violations of the regulations on the handling and management of radioactive waste 1. A fine from 500,000 to 2 million dong VND for the Organization, individuals perform one of the following behaviors: a) do not establish record keeping radioactive waste characteristics of each waste;
b) does not handle or handle radioactive waste do not follow the standard rules of radiation safety.
2. A fine of 2 million to 5 million dong VND for the Organization, individuals using tanks, containers of radioactive waste are not properly regulated radiation safety.
3. A fine of from 5 million to 10 million dong VND for the Organization, the individual is not held radioactive waste collectors.
4. A fine of 10 million to 20 million VND VND for the Organization, the individual discharges of radioactive waste into the environment permitted.
5. Apply other measures: a) forced the renovated building structure with regard to violations of the provisions in paragraph 2 of this Article;
b) Forcing the infected radiation emission removal for violations of the provisions of paragraph 3 and paragraph 4 of this Article;
c) forced the compensation due to the violations specified in point b of paragraph 1, clause 3 and clause 4 this cause to 1.000.000 VND.
Article 19. Violations of the regulations on radiation facility location 1. A fine of 2 million VND 5 million came from the Council with regard to the Organization, the individual radiation facility layout is not the right place.
2. Apply other measures: forced to move to the specified location and radiation removal of infected areas.
Article 20. Violations of the regulations on the size of room to conduct radiation 1. A fine of 2 million VND to 5 million VND for the Organization, individuals use the room to conduct radiation that size not standard rules.
2. Apply other measures: forcing renovated.
Article 21. Violations of the provisions protecting shield 1. A fine of 2 million VND 5 million came from the Council with regard to the Organization, individuals perform one of the following behaviors: a) To excessive doses of radiation rays reached the allowable limit;
b) used the room to conduct radiation which has the thickness of walls, ceilings, floors, doors, Windows are not enough according to the rules of safely radiation, the height of the bottom edge of the window, ventilation no higher than 2 metres compared to the background.
2. Form of the additional penalties and other measures: the right to use the license to 3 months, forced the renovated building structure.
Article 22. Violations of the regulations on the protection of the environment 1. 5 million to 10 million dong fine copper for the organization or individual that cause excessive environmental radiation contamination allowed during production, processing, use of radioactive material, radioactive sources.
2. A fine of 10 million dong to 20 million VND for the Organization, individuals do not have timely remedy when detecting radiation contaminated environment.
3. Apply other measures: forced to purge the infected radiation radiation with respect to violations of the provisions of paragraph 1 and paragraph 2 of this Article.
Article 23. Violations of specific provisions of the Ordinance on radiation safety and control, and Decree No. 50/1998/ND-CP 1. Warning or fine of up to 200,000 Council for organizations, individuals in violation of the provisions of the following: a) without the radiative signage attached to the specified place;
b) no radiation safety regulations for radiation facility;
c) no operating process equipment for radiation.
2. A fine of from 500,000 to 2 million dong VND for the Organization, not the individual held a retention in the records of the following: a) check the environmental radiation records;
b) periodic maintenance records of machines and systems for radiation safety;
c) employee health records to radiation;
d) personal dosage profile of staff radiation;
DD) The record of upgrading, expanding the operating range of the radiation facility, periodic quality checks, annual calibration of radiation appliances, radioactive sources prescribed;
e); device operation logs
g) profile the discharges of radioactive waste;
h) records of radiation equipment and radioactive sources;
I) record of the inspection, the Inspector.
3. A fine from 1.000.000 VND to 2 million VND for organizations, individuals in violation of the provisions of the following: a) not appointed person in charge of radiation safety;
b) appointed curator radiation safety training certificate of radiation safety in accordance with the provisions of Articles 5, 8 and 26 Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government;
c) Does the Organization of training and retraining of the radiation safety knowledge for radiation workers under the provisions of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government.
4. A fine of 2 million to 5 million dong VND for organizations, individuals in violation of the provisions of the following: a) the inventory of radiation sources Not periodically every year;
b) does not report the situation safe annual radiation with the State administration for safety and radiation control;
c) has no plans to prevent the incident radiation;
d) periodic radiation control Not the environment around the radiation facility;
No periodic radiation control) at the place of employment of the staff of the radiation;
e) no air radiation alert for the basis of reactors, accelerators, radiation, radiation from distant base, the base extraction and processing radioactive ore.
5. A fine from 1.000.000 VND to 2 million contract for the Organization, individuals do not make maintenance of radiation devices periodically.
6. A fine of 2 million to 5 million dong VND for organizations, individuals in violation of the provisions of the following: a the recruitment of people under the age of 18) do the radiation worker;
b) recruit sick people taboos do radiation radiation worker;
c) do not check the health when recruiting employees to radiation;
d) No periodic health checks for radiation worker as defined;
DD) To pregnant women, breastfeeding during working with radiation;
e) Not fitted with radiation dose of personal design for radiation workers;
g) No periodic reviews of personal radiation doses as prescribed;
h) are not equipped with proper labor protection for the staff of the radiation;
I) Not equipped Cabinet suitable for work with radioactive substances, gases, steam, born sol;
k) without the shielding instruments suitable for each kind of work in nuclear engineering applications;
l) do not periodically check the quality of the radiation equipment used in health;
m) does not check out the annual standard for the measurement of radiation dose, radiation sources;
n) repair falsify the parameters of radiation equipment without calibration and allow the use of back.
7. A fine of 10 million to 15 million dong VND for the Organization, individuals perform one of the following behaviors: a) automatically cut off safety assurance system of radiation;

b) No periodic maintenance organization system of ensuring safety of radiation.
8. Apply other measures.
Forcing job suitable for radiation workers for violations specified in point a, b, e account 6.
 
Chapter III jurisdiction, VIOLATED the SANCTION PROCEDURES article 24. The authority sanction of the people's Committee of the level 1. Chairman of people's Committee of the district, the County, towns and cities in the province have the right to: a) caution;
b) fines up to 10 million;
c) confiscated exhibits, the means used to administrative violations worth up to 100 million VND;
d) decided to suspend the violation and proposed State Agency has the authority to revoke the licence;
DD) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
2. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) a fine of up to 100 million VND;
c) confiscated exhibits, the means used to administrative violations;
d) Stripped the right to use the license by the Department of science, technology and environment to 6 months or indefinitely;
The case deprived of the right to use the license related to the field of radiation safety and control by the State administration for safety and radiation control supervisor level, the Chairman of the provincial people's Committee decision on suspension violations, revoking the license and to recommend competent bodies deprived of the right to use that license.
DD) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
Article 25. The authority sanction of specialized inspection agency on safety and radiation control 1. Specialized inspectors for safety and radiation control Department of the Ministry of science, technology and environment and the Department of science, technology 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 worth up to 500,000;
d) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
2. The Chief Inspector specializing in safety and radiation control in the Department of science, technology and the environment has the right to: a) caution;
b) fines up to 10 million;
c) confiscated exhibits, the means used to cause offense worth up to 100 million VND;
d) Stripped the right to use the license by Director of Department of science, technology and environment to 6 months or indefinitely;
DD) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
3. The Chief Inspector specializing in safety and radiation control Department of the Ministry of science, technology and the environment has the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the license of the State administration for safety and radiation control Department of the Ministry of science, technology and the environment and Director of the Department of science, technology and environment to 6 months or indefinitely;
d) confiscated exhibits, the means used to cause offense;
DD) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
Article 26. The authority sanction of police agencies, customs, market management agency, health inspector, Inspector, labour inspector, environment and other specialized inspection agency public security, customs, market management agency, specialist medical inspector, specialist Inspector of labour , Specialized environmental inspectors and other specialized inspection authority sanctioning administrative violations as stipulated in articles 29, 30, 33, 34 Ordinance on handling administrative violations administrative violations with regard to safety and radiation control in the scope of the governance of the his branches.
Article 27. The responsibilities of the State administration for safety and radiation control in handling administrative violations in State administration for safety and radiation control Department of the Ministry of science, technology and the environment make state management functions of safety and radiation control under the law and has the responsibility for coordination with other bodies of competent the Central and local authorities in the handling of administrative violations of safety and radiation control when these bodies request.
Article 28. Sanction procedure 1. When detected violations or signs of administrative violation of safety and radiation control, who has the authority to order sanctions immediately to suspend the violation and ask individual organizations to comply with the provisions of the law on safety and radiation control.
2. clearly defined cases of violations in an applied form of caution, the authority sanctioned the decision by text right at the place where the violation occurred.
The case could violate deems must apply shape then the competent person must sanction established administrative infringement thereon comply with the provisions of article 47 Ordinance on handling administrative violations.
3. After setting the minutes about the infringement, if it deems the handling offense need testimonials, concluded the Agency's expertise on radiation safety and control, the authority sanction must send evidence violated the referendum text and assessment (if any) for the State administration for safety and radiation control or the Department Faculty learning, technology and the environment as specified in article 28 of this Decree to give testimonials, conclusions about the violation and forms processing measures, consistent with the violation.
Within 10 days of receiving the written request and the records and evidence of violations, the State administration for safety and radiation control or the Department of science, technology and the environment must have the written comments submitted to the authority sanction violations.
4. Within 15 days of record-setting offense, the person who has the authority to decide punishments for violations, cases of serious violation, there are more complex, the time limit can be extended but not more than 30 days. The decision to sanction and sanction decision content comply with the provisions of article 48 Ordinance on handling administrative violations.
Effective date of the sanction decision is on the sign or the other date specified in the decision to sanction but don't be too 15 days after the date of signing the sanctioning decision.
The decision to sanction must be sent to institutions, individuals and agencies sanctioned collecting fines within 3 days from the date of signing, and should be sent to the State administration for safety and radiation control Department of the Ministry of science, technology and environment to coordinate the follow-up and implementation of the procedures of establishment , amend, suspend, cancel the permit.
Article 29. Fine fine Work procedures must comply with the following provisions: 1. Fines, duration and place of submission must be clearly stated in the decision to sanction.
2. organizations and individuals fined must pay fines on time at the place stated in the decision to sanction and received receipts fine; When collecting the fines must use the receipts issued by the Ministry of finance.
3. Prohibit sanctioning collects the fines on the spot.
4. Fines collected payable to the State budget through the open account in the State Treasury.
5. The decision to impose a fine of 2 million dong from the back up must be submitted to the people's Procuratorate at the same level.
Article 30. Stripping procedure 1 license usage rights. The procedure deprived the right to use the licence must comply with the provisions of article 50 of the Ordinance handling administrative violations.

Who has the authority to sanction the decision granting Duke the right to use the license must be clearly stated in the decision to sanction about the name, type, number of licenses and the time limit for removal using the license, and must immediately notify in writing the Agency has licensed it to know, which clearly the reason and duration of the license was stripped of the right to use.
The case found the type of license or right to use Duke period should apply beyond the authority of his decision, the person has the authority to sanction the decision to suspend the violation and ask the competent superior bodies sanction or licensing agencies have that decision deprived the right to use or license revocation.
2. Who has the authority to sanction the decision granting Duke the right to use the license term for cases it deems the Organization, individuals may perform corrective measures, limiting the consequences of violation of cause, to terminate the violation and removing the cause continued violation of conditions, after a certain time limit.
The end of the time limit stated in the decision to sanction, the competent person has the decision deprived the right to use the license to license granted for the Organization, which permits personal use 3. Who has the authority to sanction the decision granting Duke the right to use the license expiry or agency recommendations have to license it revoked the license for violations of organized, large scale or happen many times.
Cases detected the incorrect license granted the authority, do not follow the prescribed procedures or have content that is unlawful, the person who has the authority to sanction immediate revocation of licenses, and timely notification to the Agency has licensed, competent authority granted the license management, it said.
Article 31. Custody procedures exhibits, means of administrative violations 1. Jurisdiction and procedure for measures of custody evidence, administrative violations means compliance with the provisions of article 41 Ordinance on handling administrative violations.
2. interim measures keep exhibits, means of administrative violations are applied in case of need to stop immediately violations or secured evidence necessary to verify the details as a basis for the decision to handle the offense.
3. The end of the term of custody evidence, means of administrative violations as a rule, if it deems the need to apply measures to confiscate exhibits, means of administrative violations, the authorities took the decision to adopt temporary measures to keep the exhibits, means of administrative violations can making decisions or recommendations to competent bodies sanction the decision to confiscate exhibits, means of administrative violations as stipulated in article 51 Ordinance on administrative violations and sanctions Article 32 of this Decree.
Article 32. The procedure of confiscated exhibits, means of administrative infringement procedure for confiscated exhibits, means of administrative violations in the field of radiation safety and control of compliance with the provisions of article 51 Ordinance on handling administrative violations.
Article 33. Evidence handling procedures, means of administrative violation confiscated evidence handling procedures, means of administrative violation confiscated in the field of radiation safety and control of compliance with the provisions of article 52 Ordinance on handling administrative violations and regulation: measures culled in case of exhibits means of violating are the following objects: 1. Goods infringing can be harmful to life, human health and the environment.
2. Goods infringing products worth using.
Article 34. Enforcement of punishment decisions 1. Case of exceeding 5 days of organized, sanctioned individuals received punishment decisions without self-awareness, the Executive authority decide coercive sanctions to enforce sanction decision.
2. The enforcement of the decision to sanction coercive enforcement, punishment decision, the execution violated the sanctions decision was made in accordance with articles 54, 55, 56 Ordinance on handling administrative violations.
 
Chapter IV COMPLAINTS, accusations, handling INFRACTIONS and REWARDED Things 35. Complaints, accusations and complaints, report 1. The Organization, individuals sentenced to administrative violations in the field of safety and radiation control or their legal representatives have the right to appeal against the decision of sanction authority sanctioning administrative violations.
2. Citizens have the right to report to the Agency, organization, personal jurisdiction of administrative violations in the field of radiation safety and control of citizens, organizations or accusations of unlawful acts authorized sanctions in the field of administrative sanction range safety and radiation control.
Within 10 days from receipt of the complaint, report, agencies, organizations, individuals receiving the complaint, denouncing his jurisdiction are accepting to resolve in accordance with the procedures stipulated by the law on complaints and denunciation.
Article 36. Handling breaches authority sanctioning administrative violations in the field of safety and radiation control authority sanctioning administrative violations in the field of safety and radiation control if there are violations of the regulations on the administrative sanction, harassment , tolerate, cover the breach, not sanctions or punishments vires, then depending on the nature and extent of the violation will be disciplined or prejudice criminal liability. The case caused physical damage to the State, the Organization, the citizens are compensated according to the provisions of the law.
Article 37. Rewards organizations, individual achievement in providing information, detect, prevent, handle administrative violations of safety and radiation control be rewarded according to the State's General mode.
 
Chapter V ENFORCEMENT PROVISIONS Article 38. Effect 1. This Decree takes effect after 15 days from the date of signing.
2. Annul the provisions of article 13, article 14 of Decree No. 26/CP DATED April 26, 1996 by the Government sanctioning administrative violations of environmental protection.
Article 39. Guidelines for implementing Decree of the Minister of science, technology and the environment is responsible for the detailed instructions and organize the implementation of this Decree.
Article 40. Responsible for enforcing the 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.