The DECREE of the Government sanctioning administrative violations in the field of State administration on mineral base GOVERNMENT Government Organization Law on September 30, 1992;
Pursuant to the law on mineral 20 March 1996;
Basing the Ordinance on administrative violations processing 6 July 1995;
According to the recommendation of the Minister of industry, the DECREE: chapter I GENERAL PROVISIONS article 1. The scope, subjects of application 1. Organization, individual acts intentionally or unintentionally violating the regulations on State management of minerals including regulations: prospecting, exploration, mining, mineral processing, mineral resources protection not yet exploited and basic geological investigation of mineral resources , hereinafter referred to as administrative violations in the field of governance about which minerals not yet to the extent cứa prosecution for criminal responsibility according to the provisions of the law are sanctioned according to the administrative provisions of Ordinance on handling administrative violations on 12 July 1995 and this Decree.
2. The administrative violations of environmental protection in mineral activities sanctioned under the provisions of the Government on administrative punishment on environmental protection (Decree No. 26-CP on April 26, 1996). The administrative violation of labor safety and labor hygiene in mineral activities sanctioned under the provisions of the Government on sanctioning of administrative violations of the labor law (Decree No. 38-CP dated 25 June 1996).
The administrative violations in the field of storage, transportation, sale, export, import minerals that are related to administrative violations in the field of governance about products of sanctioned under the provisions of the Government on sanctioning administrative violations in the field of trade (Decree No. 01-CP 3, 01, 1996).
The violation of the obligation to pay taxes, fees and charges in mineral activities sanctioned under the provisions of the law on taxes, fees and charges.
3. organizations, foreign individuals have administrative violations in the field of State management of the minerals within the Mainland, Islands, internal water, territorial, economic zone and the continental shelf of the Socialist Republics Vietnam also sanctioned under the provisions of this Decree , except in the case of international treaties to which Vietnam signed or otherwise.
Article 2. Principles and time sanctioning administrative violations in the field of State management of the minerals.
1. The principle of sanctioning administrative violations in the field of State management of the minerals taken under the provisions of article 3 of the Ordinance on handling administrative violations.
2. Time sanctioning administrative violations in the field of State management of the minerals is two years from the date the administrative infringement is done, if the time limits on the sanctions but not apply the measures prescribed in this Decree to remedy consequences of administrative violations.
3. The time limit are considered not yet sanctioned administrative violations in the field of State management of the minerals is one year from the date of the Organization, individuals sentenced to administrative violations have finished enforcement sanction decision or from the date of the decision to sanction expired without re-offending.
Article 3. Apply sanctions and other measures.
1. When the sanction in the form of specific penalties, fines lies with an administrative violations in the field of State management of the minerals is the average of the frame of the fines prescribed for the Act; If the violation has extenuating circumstances, the fines can reduce lower but not excessive reduction of minimum fine frame; If there is violation of aggravation, the fines could rise higher but not excessive increase of the maximum fine frame.
The extenuating circumstances, aggravating is made according to the provisions of article 7 and article 8 of the Ordinance on handling administrative violations.
2. The additional sanctions and accompanying measures form the main penalty imposed under the provisions of this Decree.
3. mineral activity licence is revoked in the event of the Organization, the individual administrative violations in the field of governance over minerals under the provisions of the law on mineral resources and to the provisions of this Decree.
 
CHAPTER II the ADMINISTRATIVE VIOLATIONS in the FIELD of STATE ADMINISTRATION on MINERAL RESOURCES, FORMS and EXTENT of PUNISHMENT article 4. Violation of regulations on prospecting for minerals 1. Caution or a fine of 50,000 to 200,000 contract for one of the following behaviors: a) mineral prospecting activities do not have a license under the provisions of the law;
b) activity survey account property when survey license has expired, unless already filed an application for the extension of rules which are to be reviewed;
c) surveys about products outside the area specified in the licence survey;
d) mineral prospecting activities on the basis of using the Organization's license other individuals;
e) mineral prospecting activities without notice of survey plans with state management bodies in accordance with the law; g) to apply to renew the licence of a survey after the license has expired or only valid for less than thirty days in the case of the Ministry of industry for renewal.
2. A fine of from 500,000 to 1.000.000 VND for one of the following behaviors: a) Not filed a final report on the survey results for The industry or filed slowly from 30 days or more from the date of termination of the survey permit in force.
b) Moved out of the area surveyed the specimens with the number and types are not consistent with the survey were appraised or contrary to the conditions specified in the licence.
3. additional sanctions and other measures in respect of the acts specified in this: a) deprived of the right to use (revoked) licenses for acts specified in point d of paragraph 1 of this article;
b) enforce the announced plan of survey under the provisions of the law for acts specified in point 1 of this paragraph e;
c) enforce the submission of the final report of the survey results with respect to acts specified in point a of paragraph 2 of this article.
Article 5. Violating regulations on mineral exploration.
1. A fine of 200,000 to 500,000 VND for the acts did not announce plans for exploration with the State management bodies in accordance with the law.
2. A fine of from 500,000 to 1.000.000 VND for one of the following acts is full: a) mineral exploration activity without license for exploration under the provisions of the law.
b) mineral exploration activity when the exploration license has expired, unless you have applied for or exploiting rules which are to be reviewed;
c) mineral exploration activities in the area as defined in the exploration license;
d) mineral exploration activity without notification of the plan polls or not perform periodic reporting with the State management bodies in accordance with the law;
e) application exploration license class after the license has expired or the license is only valid for less than 30 days in the event are the Ministry of industry for renewal.
3. A fine from 1.000.000 to 5 million VND for one of the following behaviors: a) Not filed a final report on the results of exploration for The industry or filed slowly from 30 days or more from the date of termination of the exploration license in force;
b) within the time limit prescribed by law which do not perform exploration work leveling or inadequate implementation of required protection of mineral resources, the protection of the environment when the exploration license termination effect;
c) Moved out of the area to probe the specimens with the number and types are not consistent with the scheme of exploration has been appraised or contrary to the conditions specified in the licence.

4. The acts specified at points a, b, c and d of paragraph 2 and the acts specified in paragraph 3 of this Article in case the violation has held or repeat infringers or re-offending, or taking advantage of the prerogatives, powers to breach can be fined up to 10 million.
5. additional sanctions and other measures in respect of the acts specified in this: a) deprived of the right to use (revoked) licenses for acts specified in point d of paragraph 2 and to the corresponding behavior prescribed in clause 4 of this Article;
b) Forcibly made the announcement of the plan for exploration under the provisions of the law for acts specified in point d of paragraph 2 of this Article;
c) enforce the work to remedy the violations specified in points a and b of paragraph 3 of this Article.
Article 6. Violating regulations on mining 1. A fine from 200,000 to 500,000 đồng for one of the following behaviors: a) do not report mining plan with the State management bodies in accordance with the law;
b) not registered start date construction or mining activity start date of production, extraction and processing of minerals;
c) Don't throw mine design or plan not to notice the progress of extraction and processing of minerals for the competent State agencies as prescribed by law;
d) No notice of mining executives for the State administration on mineral resources as defined by law;
2. A fine of from 500,000 to 1.000.000 for one of the following behaviors: a) mining operations without the ceo, unless the Government has other rules;
b) do not make periodic reporting on mining activities under the provisions of the law or any unusual reports as requested by the governing body of the competent State;
c) tapping mineral recovery do conventional building material without a license or license has expired or the use of another person's license;
d) applying for renewal of mining licenses when the license has expired or only valid for less than 90 days in the case are the competent bodies to license it for renewal.
3. A fine from 1.000.000 to 5 million VND for one of the following behaviors: a) activity mineral extraction (except precious minerals, rare, toxic) don't have the mining license under the provisions of the law;
b) activity mineral extraction (except precious minerals, rare, toxic) when mining license has expired, unless already filed an application for the extension of rules which are to be reviewed;
c) activity mineral extraction (except precious minerals, rare, toxic) outside the area or other mineral types not allowed as specified in the mining license;
4. A fine of 6 million to 30 million contract for one of the following behaviors: a) for one of the acts specified in paragraph 3 of this Article in the case of mining precious, rare, toxic or in case the mineral mining precious minerals not toxic, but the organized breach or violation or re-offending or functional advantage service, authority to violate.
b) within the time limit prescribed by law when the mining permit termination of effect that does not make or made incomplete putting mine on Thai site, land recovery, environment, environmental protection, mineral resources not yet exploited;
c) Not delivered or filed incomplete, promptly report the results of operations and other relevant documents for the State administration on mineral or other things not done according to the provisions of the law regarding the closure of the mine.
5. A fine of from 30 million to 100 million contract for one of the acts specified in paragraph 3 of this Article in the case of mining precious, rare, toxic which infringe or violate organized many times or re-offending or taking advantage of position and powers to violate.
6. additional sanctions and other measures for the acts specified in this: a) Forced to perform the work in accordance with the law to remedy breaches of the acts specified in paragraph 1, points a and b of paragraph 2 and point b, c paragraph 4 of this Article;
b) mineral exploitation was confiscated for the acts specified in point c of paragraph 2, paragraph 3, point a clause 4 and clause 5 of this Article;
c) confiscated vehicles are used to cause the breach of which the law allowed forfeiture with respect to acts specified in point a of paragraph 3 with regard to the same in the case of mining precious, rare, toxic;
d) Deprived the right to use (recovery) mining license for the acts specified in point d of paragraph 3 of this article and for the same in the case of mining precious, rare, toxic.
Article 7. Violating regulations on mineral processing 1. A fine from 200,000 to 500,000 đồng for one of the following behaviors: a) does not make the report mode or not informed action plans mineral processing for the competent State agencies as prescribed by law;
b) mineral processing activities (except for precious minerals, rare, toxic) when mining licenses or permits mineral processing has expired, unless already filed an application for the extension of rules which are to be considered.
2. A fine of from 500,000 to 2 million VND for mineral processing activities (except for precious minerals, rare, toxic) without a licence or mining licence mineral processing in accordance with the law;
3. A fine of from 2 million to 10 million contract for one of the acts specified in paragraph 2 of this Article in case the processing of precious minerals, rare, toxic.
4. Strip the right to use (recovery) permits the processing of minerals for the acts specified in point b of paragraph 2 of this Article and with respect to the same in the case of processing of precious minerals, rare, toxic.
Article 8. Other violations of mineral management 1. A fine from 200,000 to 1.000.000 VND for one of the following behaviors: a) obstruct the lawful conduct of operations basic geological investigation of mineral resources or mineral activity of the Organization, the other individual;
b) obstructing or simply exercise others hinder the protection of undeveloped mineral resources without prejudice to the criminal liability;
2. A fine of 2 million to 10 million contract for one of the following behaviors: a) Not delivered or filed incomplete, promptly proceeds to use the data, information on the mineral resources of the State under the provisions of the law;
b) Cause loss of minerals in the process of liquidation, the construction works of drilling, digging, mining works in the operation of basic geological investigation of mineral resources or active in prospecting, exploration, mineral extraction;
c) Causes the loss of mineral beyond the quota allows (by design) in the extraction and processing of minerals;
d) use high-value minerals to make conventional building materials which minerals it according to the regulations of the Ministry of industry in the formerly common building materials;
e) hiding, reduce quality or buy, sell illegal geological specimens, particularly minerals and rare as prescribed by the Government to sell or filed with the State that has not yet to the extent that prejudice to criminal liability;
g) do not report or false reports with the competent State bodies when be discovered the mineral point that would adversely affect the protection of mineral resources;
h) disclosure of information about mineral resources in State secrets but not yet to the extent that prejudice to criminal liability;

I) impedes the operation check, the inspector about the minerals of the person and the competent State bodies.
3. additional sanctions and other measures for the acts specified in this: to temporarily suspend the activity related to the breach, forced to perform the work in accordance with the law to remedy breaches of the acts specified in points a, b, c d item 2 of this Article.
 
CHAPTER III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS in the FIELD of STATE ADMINISTRATION on MINERAL article 9. The authority sanctioning administrative violations in the field of State administration of the people's Committee of mineral levels 1. Chairman of people's Committee of the communes, wards and towns have the power to apply sanctions administrative violations specified in article 26 of the Ordinance on handling administrative violations with regard to the violation of the provisions of this Decree, under the authority of the State administration on mineral resources of local authorities specific, include: 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) Tying compensation due to administrative violations cause to 500,000 VND.
2. The Chairman of the district people's Committee, the county level have the right to apply the sanctions administrative violations specified in article 27 of the Ordinance on handling administrative violations (except the right to strip the right to use the mineral operation licenses) for violation of the provisions of this Decree, under the authority of the State administration on mineral resources of local authorities specific, include: a) caution;
b) fines up to 10 million;
c) confiscated exhibits, the means used to administrative violations;
d) confiscated illegally mining minerals;
e) Tying compensation due to administrative violations cause to 1.000.000 VND.
3. The Chairman of the provincial people's Committee, central cities have the right to apply the sanctions administrative violations specified in article 28 of the Ordinance on handling administrative violations (except the right to strip the right to use the license to operate issued by the mineral industry) for the violation of the provisions of this Decree, under the authority of the State of management of mineral local authorities, specifically including: a) caution;
b) a fine of up to 100 million VND;
c) Deprived the right to use (recovery) mining permit issued by the provincial people's Committee;
d) confiscated exhibits, the means used to administrative violations;
e) confiscated illegally mining minerals;
g) enforce remedial measures due to administrative violations cause;
h) forced the compensation due to administrative violations cause to 1.000.000 VND.
Article 10. The authority sanctioning administrative violations in the field of State management of the minerals of the State administration on mineral resources.
1. specialized mineral inspectors are on duty have the right to apply the rights specified in paragraph 1 to article 34 of the Ordinance on handling administrative violations for administrative violations in the field of State administration on mineral resources, on labor safety and environmental protection in mineral activities specific, include: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, the means used to cause offense worth up to 500,000;
d) forced the suspension of the offending behavior, overcome the consequences caused by the violation.
2. The Chief Justice Inspector of specialized minerals, heads perform specialized inspections functions of mineral industry Fan has the right to apply the rights specified in paragraph 2 to article 34 of the Ordinance on handling administrative violations with regard to the violation of the provisions of this Decree, specifically including : a) caution;
b) fines up to 10 million;
c) confiscated exhibits, the means used to cause offense worth up to 1.000.000 VND;
d) forced the suspension of the offending behavior, overcome the consequences caused by the violation;
e) Tying compensation due to violations caused worth up to 1.000.000 VND.
3. The Chief Justice Inspector of specialized minerals, heads perform specialized inspection functions of the minerals industry has the right to apply the rights provided for in paragraph 3 to article 34 of the Ordinance on handling administrative violations with regard to the violation of the provisions of this Decree, specifically including : a) caution;
b) a fine of up to 20 million VND;
c) confiscated exhibits, the means used to administrative violations;
d) confiscated illegally mining minerals;
e) forced the suspension of the offending behavior, remedial due to administrative violations cause;
g) Forcing compensation due to administrative violations cause worth up to 1.000.000 VND.
Article 11. Authoritative delineation of jurisdiction and the principle of handling administrative violations in the field of State management of the minerals.
1. Authorisation handling administrative violations in the field of governance over minerals applied according to the provisions of article 36 of the Ordinance on handling administrative violations.
2. principles delineate the authority handling administrative violations in the field of governance over minerals applied according to the provisions of article 37 Ordinances handling administrative violations.
Article 12. Procedure for sanctioning of administrative violations in the field of State management of the minerals.
1. procedure, order sanctioning administrative violations in the field of State management of the minerals taken under the provisions of the Ordinance on handling administrative violations.
2. The service of administrative violations in the field of State administration on mineral sanctioned must be established as records and kept full at the Agency sanction.
3. organizations and individuals fined must pay the fine at the place stated in the decision to sanction. The sanctions prohibited direct collects the fines of any kind.
4. When applying mineral seizure forms, exhibits, means of infringement, sanctioned authority must comply the provisions of article 51 and Article 52 paragraph 1 of the Ordinance on handling administrative violations.
Article 13. Enforcement of punishment decisions and coercive enforcement of the decision sanctioning administrative violations in the field of State management of the minerals.
1. The organization, the individual sanctioning administrative violations under this decree must strictly enforce the Agency's sanction decision, sanctioning authority within the time limit prescribed. If the Organization, individuals sentenced to not enforce the decision to sanction or deliberately evade enforcement of the sanctions decision will comply decided to sanction under article 55 of the Ordinance on handling administrative violations.
2. When applying coercive measures to enforce the decision sanctioning administrative violations in the field of State administration on mineral resources, the Agency and the competent person must comply with the order, coercive procedures prescribed by law.
 
CHAPTER IV complaints, HANDLED ACCUSATIONS VIOLATE article 14. The complaint, to denounce the decision sanctioning administrative violations in the field of State management of the minerals.
1. The organization, individuals sentenced to administrative violations in the field of State management of the minerals (or their legal representatives) have the right to complain about the sanctions against them.
2. Citizens have the right to denounce to competent State bodies the administrative violations in the field of State management of the Organization's minerals, personal and accusations of violations of the authority sanctioning administrative violations in the field of State management of the minerals.
3. procedure, the order, the time limit, the authority of complaints, accusations and complaints, accusations made under the provisions of articles 87, 88 and 90 of the Ordinance on handling administrative violations on 12 July 1995 and the provisions of the Ordinance on procedures for administrative cases resolved on May 25, 1996.
Article 15. Handling breaches authority sanctioning administrative violations in the field of State management of the minerals.

Competent handling of administrative violations in the field of State administration on mineral that acts of harassment, tolerate, cover breach, not processed or not processed in time, not properly, not properly authorized, unauthorized use, appropriating money, mineral, exhibits, the media breached then depending on the nature , the degree of the violation will be handled administratively or prejudice criminal responsibility, if the damage compensation.
 
Chapter V article 16 ENFORCEMENT TERMS. The Decree has effect from 1 July 1997. The provisions sanctioning administrative violations in the field of State management of minerals previously contrary to this Decree are repealed.
Article 17. The Minister of industry, Minister of the Ministry, 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.