Decree No. 03/2022/ND-CP on administrative penalties for violations in the fields of natural disaster prevention and control; water resources management; and dyke works

DECREE

Regulations on administrative penalties

in the field of natural disaster prevention and control; water resources management; dyke management

____________________________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012 and the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dyke Management dated June 17, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree stipulating administrative penalties for violations in the fields of natural disaster prevention and control; water resources management; dyke management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative penalties, levels of fines, measures to remedy consequences, authority to issue administrative violation records, and authority to impose administrative penalties for acts of administrative violations in the fields of natural disaster prevention and control; water resources management; dyke management.

2. Acts of administrative violations in the fields of natural disaster prevention and control; water resources management; dyke management that are not specified in this Decree shall be subject to regulations in other Decrees stipulating administrative penalties in related state management areas for imposition of penalties.

Article 2. Applicability

1. Vietnamese individuals and organizations; foreign individuals and organizations committing administrative violations in the fields of natural disaster prevention and control; water resources management; dyke management on the territory of the Socialist Republic of Vietnam.

2. Individuals with the authority to issue administrative violation records and the authority to impose administrative penalties.

3. Other relevant individuals and organizations.

4. Organizations as stipulated in Clause 1 of this Article include:

a) Limited liability companies, joint-stock companies, limited partnerships, private enterprises established in accordance with the Enterprise Law;

b) Cooperatives, cooperative unions, cooperative groups established and operating in accordance with the Water Resources Law and the Cooperative Law;

c) Foreign investors being organizations and economic organizations with foreign investment capital in accordance with the Investment Law and the Trade Law;

d) State agencies committing administrative violations that do not fall within their assigned state management tasks;

đ) Political-social organizations; political-social-professional organizations; social-professional organizations; social organizations;

e) Public service units;

g) Branches, representative offices, business locations;

h) Other organizations as prescribed by law.

5. Households engaged in business, family households, community residents implementing administrative violations stipulated in this Decree shall be subject to fines applicable to individual violators.

Article 3. Forms of Administrative Penalties

1. Principal forms of administrative penalty:

a) Warning;

b) Fine.

2. Additional forms of punishment:

a) Suspension of the right to use licenses for a certain period.

b) Confiscation of contraband items and means of administrative violation.

Article 4. Measures to Remedy Consequences

1. Remedial measures as provided for in Point a and Point i, Clause 1, Article 28 of the Law on Handling Administrative Violations, including:

a) Compel restoration to the original condition.

b) Compelling the return of unlawful profits obtained from committing administrative violations.

2. Other remedial measures, including:

a) Compelling continued implementation of relief activities;

b) Compelling payment into the Natural Disaster Prevention and Control Fund;

c) Compelling replanting of wave-breaking trees that have been destroyed; grass that has been uprooted, plowed, or cultivated;

d) Compelling repair and remediation of damages to dyke works;

đ) Compelling the return of flood and storm prevention reserve materials.

Article 5. Statute of Limitations for Administrative Sanctions

1. Time limit for imposing administrative penalties.

a) For the fields of natural disaster prevention and control and water resources management, it is one year;

b) For the field of dyke management, it is two years.

2. The time point for calculating the time limit for imposing administrative penalties is as follows:

a) For ongoing acts of administrative violations as stipulated in Clause 3 of this Article, the time limit starts from the moment when the competent authority discovers the violation;

b) For completed acts of administrative violations as stipulated in Clause 4 of this Article, the time limit starts from the moment when the violation ends;

3. Acts of administrative violations as stipulated in Clause 1, Article 9; Point a, Clause 7, Clauses 8, Article 24; Clauses 7, 8, 9, Article 27 of this Decree are ongoing violations.

4. Acts of administrative violations as stipulated in Articles 16, 17, 36 of this Decree are completed violations. The end time of the violation is determined as follows:

a) The end time for violations concerning construction, approval, and implementation of emergency response plans as stipulated in Article 16 of this Decree is December 31 of each year;

b) The end time for violations concerning payment into the Natural Disaster Prevention and Control Fund as stipulated in Article 17 of this Decree is determined as follows:

For violations as stipulated in Clause 1, Article 17, it is the deadline for paying the Fund or the deadline for temporary suspension of payment into the Fund according to Decree No. 78/2021/NĐ-CP dated August 1, 2021 on the establishment and management of the Natural Disaster Prevention and Control Fund.

For violations as stipulated in Clause 2, Article 17, it is the deadline for submitting the list of collection and payment plans for the Fund as required by the competent authority;

c) The end time for violations concerning mobilization of resources for dike protection and rescue of related works as stipulated in Article 36 of this Decree is the end time of the dike protection and rescue operations.

5. Other acts of administrative violations stipulated in this Decree, except those stipulated in Clauses 3 and 4 of this Article, if the end time of the violation cannot be determined, shall be considered as ongoing violations.

Article 6. Provisions on the amount of fines and the authority to impose penalties

1. The maximum amount of fines is prescribed as follows:

a) For the field of disaster prevention and control, it is 50,000,000 VND;

b) For the field of dyke management, it is 100,000,000 VND;

c) For the field of water resources, it is 250,000,000 VND.

2. The amount of fines for administrative violations prescribed in this Decree applies to individuals, except for the acts prescribed in Article 16 and Clause 2 of Article 17 of this Decree, which apply to organizations.

3. For the same administrative violation, the amount of fines for organizations is twice the amount of fines for individuals.

4. The authority to impose fines of officials with the power to impose penalties prescribed in Chapter V of this Decree applies to the acts of administrative violations committed by individuals; the authority to impose fines for organizations is twice the authority to impose fines for individuals.

5. For the act of mining minerals prescribed in Clause 2 of Article 11, Point d of Clause 6 of Article 24, Point a of Clause 2 of Article 26, and Clause 6 of Article 27, in addition to being punished according to the provisions of this Decree, shall also be considered for punishment according to the provisions of laws on administrative sanctions in the field of water resources and minerals.

6. For the act of encroaching upon river banks, riverbeds, streams, canals, creeks, and coastlines prescribed in Clause 1 of Article 11, in addition to being punished according to the provisions of this Decree, shall also be considered for punishment according to the provisions of laws on administrative sanctions in the field of land.

7. For the act of dumping waste prescribed in Articles 10, 20, and 29, in addition to being punished according to the provisions of this Decree, shall also be considered for punishment according to the provisions of laws on administrative sanctions in the field of environmental protection.

Article 7. Procedures for imposing penalties on acts simultaneously prescribed in the Penal Code

1. When discovering acts of violation prescribed in Point a, Point b of Clause 2 of Article 14, and Article 36 of this Decree, the authority handling the case must transfer the case file to the competent criminal proceedings agency to consider pursuing criminal responsibility according to Clause 1, Clause 2, and Clause 4 of Article 62 of the Law on Handling Administrative Violations.

2. In cases where the criminal proceedings agency decides not to initiate a criminal investigation; decides to revoke the decision to initiate a criminal investigation; decides to terminate the investigation of a criminal case; decides to terminate the investigation of the suspect; decides to terminate the investigation of the suspect in a criminal case; decides to terminate the case; decides to revoke the decision to initiate the prosecution of the suspect and return the case file to the authority that transferred the case file for administrative penalty according to the provisions of Clause 3 of Article 62 and Article 63 of the Law on Handling Administrative Violations for administrative penalty according to the provisions of this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS,

AMOUNT OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF DISASTER PREVENTION AND CONTROL

Article 8. Violations related to the operation and use of disaster prevention and control works

1. A fine from 3,000,000 VND to 5,000,000 VND for the act of operating at will or obstructing the operation of retaining walls, landslide prevention works, ground subsidence prevention works, flash flood prevention works, and natural disaster warning works.

2. A fine from 6,000,000 VND to 8,000,000 VND for the act of anchoring, stopping, or parking vessels and other means of transport in the wrong place in disaster prevention and control works, except in cases prescribed in Clause 1 of Article 35 of this Decree.

3. A fine from 8,000,000 VND to 15,000,000 VND for the intentional misuse of disaster prevention and control works.

Article 9. Violations concerning the protection of safety of flood control and disaster prevention works

1. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on acts causing damage to retaining walls, landslide prevention works, land subsidence prevention works, flash flood prevention works, and natural disaster warning works, resulting in losses under VND 100,000,000.

2. A fine shall be imposed on acts of constructing works that infringe upon retaining walls, landslide prevention works, land subsidence prevention works, flash flood prevention works, and natural disaster warning works without reaching the level of criminal prosecution as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of constructing works with an area of less than 05 square meters;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of constructing works with an area from 05 square meters to less than 10 square meters;

c) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of constructing works with an area from 10 square meters to less than 20 square meters;

d) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of constructing works with an area from 20 square meters to less than 30 square meters;

đ) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on acts of constructing works with an area of 30 square meters or more.

3. Additional forms of punishment:

Seizure of contraband and means of violation for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Compel restoration to the original state for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 10. Acts of dumping soil, waste, storing raw materials, materials, supplies, and equipment in flood control and disaster prevention works

1. A fine shall be imposed on acts of dumping soil, waste, storing raw materials, materials, supplies, and equipment in retaining walls, landslide prevention works, land subsidence prevention works, flash flood prevention works, and natural disaster warning works as follows:

a) From VND 1,000,000 to VND 3,000,000 for a volume of less than 03 cubic meters;

b) From VND 3,000,000 to VND 4,000,000 for a volume from 03 cubic meters to less than 05 cubic meters;

c) From VND 4,000,000 to VND 5,000,000 for a volume from 05 cubic meters to less than 10 cubic meters;

d) From VND 10,000,000 to VND 20,000,000 for a volume from 10 cubic meters to less than 50 cubic meters;

đ) From VND 20,000,000 to VND 30,000,000 for a volume from 50 cubic meters to less than 200 cubic meters;

e) From VND 30,000,000 to VND 40,000,000 for a volume from 200 cubic meters to less than 500 cubic meters;

g) From VND 40,000,000 to VND 50,000,000 for a volume of 500 cubic meters or more.

2. Measures to remedy consequences: Compel restoration to the original state for violations stipulated in Clause 1 of this Article.

Article 11. Acts of increasing disaster risks

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on acts of encroaching on riverbanks, riverbeds, streams, canals, creeks, and seashores, thereby increasing disaster risks without measures to address and rectify such acts.

2. A fine shall be imposed on acts of violating regulations on mineral extraction that increase disaster risks as follows:

a) From VND 15,000,000 to VND 25,000,000 for mineral extraction that increases disaster risks without measures to address and rectify such acts;

b) From VND 30,000,000 to VND 50,000,000 for acts of mineral extraction causing landslides along riverbanks, streams, canals, creeks, and seashores.

3. Additional forms of punishment:

Seizure of contraband and means of violation for violations stipulated in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel restoration to the original state for violations stipulated in Clause 1 of this Article;

b) Compel payment of illegal gains obtained through the implementation of administrative violations stipulated in Clause 2 of this Article.

Article 12. Violations in implementing disaster response measures

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of failing to comply with instructions and commands for disaster prevention and control issued by authorities or persons with competent authority, except as provided for in Clause 3 of this Article.

2. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on the act of failing to provide or providing false information about the location and status of vessels operating at sea, rivers, lakes, canals, ponds, and swamps to local authorities and competent agencies during disasters.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of failing to comply with instructions and commands for disaster prevention and control issued by persons with competent authority regarding the owners of vessels and ships operating at sea, rivers, lakes, canals, ponds, and swamps.

Article 13. Violations in rescue and relief operations during disaster prevention and control

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of knowing that another person is in danger but failing to promptly report it to competent forces for rescue at sea, ponds, swamps, rivers, streams, lakes, and canals.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to rescue people and vessels in distress at sea, ponds, swamps, rivers, streams, lakes, and canals without reaching the level of criminal prosecution, except in cases where conditions are not met or due to force majeure.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the act of requesting rescue and relief but refusing to cooperate when rescue forces approach.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on the act of falsely reporting distress to request rescue for vessels and ships operating at sea, rivers, and lakes.

Article 14. Violations in mitigating the aftermath of disasters

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of intentionally misreporting or inaccurately reporting damage caused by disasters.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) Misusing funds and goods intended for relief, providing relief to incorrect recipients without reaching the level of criminal prosecution;

b) Appropriating relief goods without reaching the level of criminal prosecution;

c) Failing to promptly carry out relief duties.

3. Measures to remedy consequences:

a) Compel the return of illegal gains obtained from committing administrative violations as stipulated in Clause 1 of this Article;

b) Compel the continuation of relief activities due to violations of regulations as stipulated in Clause 2 of this Article.

Article 15. Violations in ensuring requirements for disaster prevention and control in the management, operation, use, construction, renovation, and upgrading of works

1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on any of the following acts of failing to implement contents related to ensuring requirements for disaster prevention and control in the management, operation, and use of mineral extraction areas, natural resource exploitation areas, urban areas, tourist sites, industrial zones, rural residential areas, disaster prevention and control works, transportation, power facilities, and other technical infrastructure works:

a) Failing to construct, improve, train, and enhance the professional skills of personnel involved in disaster prevention and control work, failing to provide sufficient equipment, communication devices, protective gear, and information to meet disaster prevention and search and rescue requirements;

b) Failing to establish and issue internal rules and regulations for the management, operation, and use of mineral extraction areas, natural resource exploitation areas, urban areas, tourist sites, industrial zones, historical sites, tourist spots, and works that must meet disaster prevention requirements;

c) Failing to warn of the risk of accidents caused by disasters for infrastructure projects and nearby areas that may increase disaster risks;

d) Failing to maintain and repair infrastructure projects and components, failing to monitor repair and upgrade activities of infrastructure projects and expansion of infrastructure components that may increase disaster risks and cause new disasters;

đ) Failing to inspect, detect, prevent, and handle in a timely manner situations and activities that increase disaster risks, accidents, or potential accidents for infrastructure projects and components, nearby areas that may affect mineral extraction areas, natural resource exploitation areas, urban areas, tourist sites, industrial zones, historical sites, tourist spots, rural residential areas, and works;

e) When discovering accidents or potential accidents, situations, and activities that increase disaster risks beyond the capacity to handle them, failing to immediately take measures to limit losses and failing to promptly report to competent authorities;

g) Failing to provide timely and complete information to staff, workers, and employees about the development of disasters and critical points for disaster prevention and control for infrastructure projects and components, nearby areas that may cause accidents affecting safety;

h) Failing to organize guidance, dissemination, training, and drills for staff, workers, employees, and communities within the management scope to improve their ability to respond locally and proactively implement measures to prevent, reduce, and mitigate losses;

i) Failing to record and store information and data on disasters and management, operation, and use records of infrastructure projects and components.

2. Acts of failing to ensure requirements for disaster prevention and control in the construction, renovation, and upgrading of urban areas, tourist spots, industrial zones, rural residential areas, disaster prevention and control works, transportation, power facilities, and other technical infrastructure works shall be punished as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to ensure the stability of works before disasters;

b) A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the act of increasing disaster risk.

Article 16. Violations concerning construction, approval, and implementation of disaster response plans

1. A fine of from three million to five million Vietnamese dong shall be imposed for the act of not submitting approved disaster response plans to the local People's Committee with jurisdiction on the territory and the superior agency.

2. A fine of from five million to ten million Vietnamese dong shall be imposed for the act of not preparing or inadequately preparing human resources, materials, equipment, supplies, and essential goods for disaster response according to the approved disaster response plan.

3. A fine of from ten million to twenty million Vietnamese dong shall be imposed for one of the following acts: not constructing or approving a disaster response plan, or annually not reviewing, adjusting, and supplementing the disaster response plan.

Article 17. Violations concerning contribution to the Disaster Prevention and Response Fund

1. A fine shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund as follows:

a) A fine of from three hundred thousand to five hundred thousand Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund under three hundred thousand Vietnamese dong;

b) A fine of from five hundred thousand to one million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from three hundred thousand to less than five hundred thousand Vietnamese dong;

c) A fine of from one million to three million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from five hundred thousand to less than three million Vietnamese dong;

d) A fine of from three million to five million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from three million to less than five million Vietnamese dong;

đ) A fine of from five million to eight million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from five million to less than ten million Vietnamese dong;

e) A fine of from eight million to twelve million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from ten million to less than twenty million Vietnamese dong;

g) A fine of from twelve million to twenty million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from twenty million to less than forty million Vietnamese dong;

h) A fine of from twenty million to thirty million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from forty million to less than sixty million Vietnamese dong;

i) A fine of from thirty million to forty million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from sixty million to less than eighty million Vietnamese dong;

k) A fine of from forty million to fifty million Vietnamese dong shall be imposed for the act of not contributing to the Disaster Prevention and Response Fund from eighty million to one hundred million Vietnamese dong.

2. A fine of from five million to ten million Vietnamese dong shall be imposed on domestic and foreign economic organizations when they fail to provide or inadequately provide lists of individual contribution plans to the Disaster Prevention and Response Fund managed by them to the competent authority.

3. Measures to remedy consequences:

Forced contribution to the Disaster Prevention and Response Fund shall be imposed for violations stipulated in Clause 1 of this Article.

Article 18. Violations of foreign organizations and individuals, and international organizations participating in disaster response and aftermath mitigation activities in Vietnam

1. A fine of from ten million to twenty million Vietnamese dong shall be imposed for the act of operating outside the scope registered.

2. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for the act of conducting disaster prevention and response activities without registration or with expired registration.

Chapter III

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS,

AMOUNT OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES

IN THE FIELD OF WATER RESOURCES

Article 19. Violations causing obstruction to the flow of irrigation works

1. A fine of VND 100,000 to VND 300,000 shall be imposed for any of the following acts that obstruct the flow: planting vegetables, setting up flags, piling up brushwood, and other forms of fishing.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts that obstruct the flow: soaking bamboo, reeds, rattan, leaves, wood, or creating other obstacles.

3. Measures to remedy consequences:

The violator shall be ordered to restore the original condition as stipulated in Clause 1 and Clause 2 of this Article.

Article 20. Violations concerning the disposal of waste within the protected area of irrigation works

1. For the act of disposing of waste within the protected area of irrigation works, penalties shall be applied as follows:

a) A warning penalty shall be imposed for the act of disposing of waste within the protected area of irrigation works with a volume less than 0.5 cubic meters;

b) A fine of VND 300,000 to VND 500,000 shall be imposed for the act of disposing of waste within the protected area of irrigation works with a volume from 0.5 cubic meters to less than 1 cubic meter;

c) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of disposing of waste within the protected area of irrigation works with a volume from 1 cubic meter to less than 3 cubic meters;

d) A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of disposing of waste within the protected area of irrigation works with a volume from 3 cubic meters to less than 5 cubic meters;

đ) A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for the act of disposing of waste within the protected area of irrigation works with a volume of 5 cubic meters or more.

2. Measures to remedy consequences:

The violator shall be ordered to restore the original condition as stipulated in Clause 1 of this Article.

Article 21. Violations concerning the operation of irrigation works

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Implementing the operation procedures of irrigation works not in accordance with the approved regulations, except as provided for in Article 22 of this Decree;

b) Operating irrigation works without authorization.

2. A fine shall be imposed for the act of not having operation procedures for irrigation works as prescribed, specifically as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not having operation procedures for small irrigation works as prescribed;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not having operation procedures for medium-sized irrigation works as prescribed;

c) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not having operation procedures for large or particularly important irrigation works as prescribed.

Article 22. Violations concerning the implementation of reservoir operation procedures for irrigation works that have not reached the level of criminal prosecution

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not implementing the prescribed procedures for operating small reservoirs for irrigation works.

2. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of not implementing the prescribed procedures for operating medium-sized reservoirs for irrigation works that have been approved.

3. A fine of VND 70,000,000 to VND 90,000,000 shall be imposed for the act of not implementing the prescribed procedures for operating large reservoirs for irrigation works that have been approved.

4. A fine of VND 90,000,000 to VND 100,000,000 shall be imposed for the act of not implementing the prescribed procedures for operating particularly important reservoirs for irrigation works that have been approved.

Article 23. Violation of regulations on the use of machinery and equipment belonging to irrigation works

A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using machinery and equipment belonging to irrigation works for purposes other than their intended use.

Article 24. Violation of regulations on the protection of safety of irrigation works

a) Building tents, stalls, walls; constructing temporary structures illegally within the protected area of irrigation works;

a) Setting up tents, stalls, walls; constructing temporary structures within the protected area of irrigation works;

b) Digging, hoeing, plowing, planting annual crops on the banks and slopes of canals and earth dams.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Constructing brick kilns, lime kilns, auxiliary structures, livestock and poultry shelters without a permit within the protected area of irrigation works;

b) Cultivating aquatic products without a permit within the protected area of irrigation works;

c) Removing, moving boundary markers, warning signs of irrigation works or connecting channels, water pipes without authorization;

d) Conducting scientific research, planting perennial crops without a permit within the protected area of irrigation works;

đ) Excavating ponds, lakes within the protected area of irrigation works;

e) Anchoring, mooring vessels at irrigation works when there is a prohibition sign;

g) Using inland waterway vessels, motorized vehicles within the protected area of irrigation works without a permit, except for motorcycles, motorbikes, and simple inland waterway vessels.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts concerning the management of dam and reservoir safety:

a) Failing to submit reports on the current safety status of dams and reservoirs as prescribed in terms of content and time;

b) Failing to conduct inspections of dams and reservoirs as prescribed in terms of content and frequency;

c) Not having or not organizing the implementation of emergency response plans for the construction process of the project and downstream areas;

d) Failing to conduct safety inspections of dams and reservoirs as prescribed;

đ) Failing to set up boundary markers for the protected area of dams and reservoirs;

e) Not having or not implementing approved protection plans;

g) Not having or not reviewing, adjusting, supplementing annually or implementing approved emergency response plans.

4. A fine shall be imposed for the act of expanding the scale of existing projects within the protected area of irrigation works as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of constructing, enlarging, occupying to increase the area of the project under 10 square meters;

b) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of constructing, enlarging, occupying to increase the area of the project from 10 square meters to less than 30 square meters;

c) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of constructing, enlarging, occupying to increase the area of the project over 30 square meters.

5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of changing the structure of existing projects within the protected area of irrigation works.

6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Constructing underground works without a permit within the protected area of irrigation works that does not reach the level of criminal prosecution;

b) Drilling, excavating geological surveys; drilling, probing, constructing works, extracting groundwater without a permit within the protected area of irrigation works that does not reach the level of criminal prosecution;

c) Organizing tourism and sports activities without a permit within the protected area of irrigation works;

d) Illegally extracting water from irrigation works;

đ) Mining minerals within the protected area of irrigation works without a permit.

7. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Arbitrarily dismantling or filling irrigation works;

b) Constructing houses, bridges, retaining walls, production sites, and other permanent structures without a permit within the protected area of irrigation works that does not reach the level of criminal prosecution;

c) Blocking, filling, excavating, dredging, suctioning mud, sand, gravel in rivers, canals, ditches, lakes, ponds illegally that does not reach the level of criminal prosecution;

d) Establishing docks, stockpiling raw materials, fuels, materials, supplies, and vessels illegally within the protected area of irrigation works.

8. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for the act of blasting and other explosive activities without a permit within the protected area of irrigation works that does not reach the level of criminal prosecution.

9. Remedial measures:

a) Order restoration to the original condition for violations stipulated in Clause 1; Points a, b, c, d, đ Clause 2; Clause 4; Clause 5; Points a, b, c Clause 6; Clause 7; Clause 8 of this Article;

b) Order the return of illegal profits obtained from the violation stipulated in Point d, Point đ Clause 6 of this Article.

Article 25. Violations concerning the use of transportation means on water conservancy works

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of operating a motor vehicle beyond its permitted load capacity on water conservancy works.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using motor vehicles or inland waterway vessels to travel within water conservancy works when there is a prohibition sign, except for priority vehicles as prescribed by laws on road traffic and inland waterway traffic.

3. Measures to remedy consequences:

The violator shall be ordered to restore the initial condition if damage is caused to the work under the violations stipulated in Clause 1 and Clause 2 of this Article.

Article 26. Violations concerning the provisions of permits for activities within the protection zone of water conservancy works

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of conducting activities not in accordance with regulations in each of the following types of permits:

a) Planting perennial crops;

b) Aquaculture;

c) Scientific research;

d) Activities of inland waterway vessels and motorized vehicles.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of conducting activities not in accordance with regulations in each of the following types of permits:

a) Drilling and excavation for geological survey; exploration and exploitation of minerals, construction materials, underground water;

b) Establishing material storage areas, fuel depots, construction materials, supplies, and transportation facilities;

c) Constructing underground works;

d) Tourism, sports, business, and service activities.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of conducting activities not in accordance with regulations in each of the following types of permits:

a) Construction of new works within the protection zone of water conservancy works;

b) Blasting and other explosive activities within the protection zone of water conservancy works.

4. Additional forms of administrative punishment:

Suspension of the right to use the permit for a period of from one month to three months shall be imposed for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

The violator shall be ordered to restore the initial condition for violations stipulated at point a, point b of Clause 1; Clause 2; and Clause 3 of this Article.

Chapter IV

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS,

LEVELS OF FINES AND IMPLEMENTATION OF REMEDIAL MEASURES FOR AFTERMATH IN THE FIELD OF DIKE MANAGEMENT

PHỤC HẬU QUẢ TRONG LĨNH VỰC Đê điều ||| CONSEQUENTIAL DAMAGES IN THE FIELD OF DIKE REGULATION

Article 27. Acts of violating and destroying dikesregistered

1. A fine shall be imposed for the act of destroying protective trees on dikes as follows:

a) From VND 500,000 to VND 1,000,000 for less than five trees;

b) From VND 1,000,000 to VND 5,000,000 for five to less than ten trees;

c) From VND 5,000,000 to VND 10,000,000 for ten to less than thirty trees;

d) From VND 10,000,000 to VND 20,000,000 for thirty to less than fifty trees;

đ) A fine of VND 20,000,000 to VND 40,000,000 for fifty to less than one hundred trees;

e) From VND 40,000,000 to VND 50,000,000 for one hundred or more trees.

2. A fine shall be imposed for the acts of digging, hoeing, weeding, sowing annual plants, planting perennial crops on dikes, and planting perennial crops within the protected dike area as follows:

a) From VND 500,000 to VND 1,000,000 for an area of less than one square meter or less than three perennial trees;

b) From VND 1,000,000 to VND 3,000,000 for an area of one to less than five square meters or three to less than ten perennial trees;

c) From VND 3,000,000 to VND 5,000,000 for an area of five to less than ten square meters or ten to less than thirty perennial trees;

d) From VND 5,000,000 to VND 10,000,000 for an area of ten to less than fifty square meters or thirty to less than fifty perennial trees;

đ) From VND 10,000,000 to VND 20,000,000 for an area of fifty to less than one hundred square meters or fifty to less than one hundred perennial trees;

e) From VND 20,000,000 to VND 40,000,000 for an area of one hundred to less than four hundred square meters or one hundred to less than two hundred perennial trees;

g) From VND 40,000,000 to VND 50,000,000 for an area of four hundred square meters or more or two hundred perennial trees or more.

3. A fine shall be imposed for the act of occupying, using, moving improperly, or damaging auxiliary dike works as follows:

a) From VND 20,000,000 to VND 40,000,000 for the act of occupying or using auxiliary dike works improperly;

b) From VND 40,000,000 to VND 50,000,000 for the act of moving improperly or damaging auxiliary dike works.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of digging ponds or wells within the protected dike area.

5. A fine shall be imposed for the act of excavating, cutting, or undermining the face, crest, core, and toe of the dike as follows:

a) From VND 500,000 to VND 1,000,000 for a volume of less than 0.3 cubic meters;

b) From VND 1,000,000 to VND 5,000,000 for a volume of 0.3 to less than 1 cubic meter;

c) From VND 5,000,000 to VND 10,000,000 for a volume of 1 to less than 2 cubic meters;

d) From VND 10,000,000 to VND 20,000,000 for a volume of 2 to less than 3 cubic meters;

đ) From VND 20,000,000 to VND 40,000,000 for a volume of 3 to less than 5 cubic meters;

e) From VND 40,000,000 to VND 60,000,000 for a volume of 5 to less than 10 cubic meters;

g) From VND 60,000,000 to VND 80,000,000 for a volume of 10 to less than 15 cubic meters;

h) From VND 80,000,000 to VND 100,000,000 for a volume of 15 cubic meters or more.

6. A fine shall be imposed for the act of mining within the protected dike area as follows:

a) From VND 1,000,000 to VND 5,000,000 for a volume of less than 1 cubic meter;

b) From VND 5,000,000 to VND 10,000,000 for a volume of 1 to less than 3 cubic meters;

c) From VND 10,000,000 to VND 20,000,000 for a volume of 3 to less than 5 cubic meters;

d) From VND 20,000,000 to VND 40,000,000 for a volume of 5 to less than 10 cubic meters.

đ) From VND 40,000,000 to VND 60,000,000 for a volume of 10 to less than 20 cubic meters;

e) From VND 60,000,000 to VND 100,000,000 for a volume of 20 cubic meters or more.

7. A fine shall be imposed for the act of violating and damaging culverts through dikes, causing obstruction to the operation of culverts through dikes without reaching the level of criminal prosecution as follows:

a) From VND 1,000,000 to VND 3,000,000 for the act of violating and damaging auxiliary parts of the culvert including signs, warning boards, water level gauges, monitoring equipment;

b) From VND 3,000,000 to VND 10,000,000 for the act of damaging parts of the culvert but not directly affecting its operation and stability such as fences, gates, doors, protective railings;

d) From VND 20,000,000 to VND 30,000,000 for acts causing damage to the machine guardhouse; the management house of the culvert; the work bridge; the flap gate and its components; and acts obstructing the operation of the culvert according to technical standards.

d) From VND 30,000,000 to VND 50,000,000 for acts causing damage to parts directly affecting the operation of the culvert including the valve door, opening and closing machinery, valve frame, electrical system, and other components.

đ) From VND 50,000,000 to VND 100,000,000 for acts causing damage to parts directly affecting the stability of the culvert including the culvert body, pile pin, wing wall, energy dissipation basin, energy dissipation apron, joint, and other components.

8. Imposing fines on acts causing damage to the dike protection embankment but not reaching the level of criminal prosecution as follows:

a) From VND 1,000,000 to VND 3,000,000 for acts causing damage to auxiliary parts of the dike such as boards, warning signs; water level markers; monitoring equipment;

b) From VND 3,000,000 to VND 10,000,000 for acts causing damage to the dike crown with an area under 01 square meter; the toe of the dike made of loose materials with a volume under 01 cubic meter; cast-in-place parts of the dike with a volume under 0.3 cubic meters;

c) From VND 10,000,000 to VND 30,000,000 for acts causing damage to the dike crown with an area from 01 square meter to under 03 square meters; the toe of the dike made of loose materials with a volume from 01 cubic meter to under 03 cubic meters; cast-in-place parts of the dike with a volume from 0.3 cubic meters to under 01 cubic meters;

d) From VND 30,000,000 to VND 50,000,000 for acts causing damage to the dike crown with an area from 03 square meters to under 10 square meters; the toe of the dike made of loose materials with a volume from 03 cubic meters to under 05 cubic meters; cast-in-place parts of the dike with a volume from 01 cubic meter to under 02 cubic meters;

đ) From VND 50,000,000 to VND 100,000,000 for acts causing damage to the dike crown with an area of 10 square meters or more; the toe of the dike made of loose materials with a volume of 05 cubic meters or more; cast-in-place parts of the dike with a volume of 02 cubic meters or more.

9. Imposing a fine from VND 80,000,000 to VND 100,000,000 for acts causing explosions that harm the dike body, except in emergency situations where authorized persons pursuant to Article 34 of the Law on Dikes decide to explode or demolish to divide floods, slow down floods to protect the dike.

10. Additional forms of punishment:

Seizing the contraband items and means of violation for acts violating the provisions of Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, and Clause 9 of this Article.

11. Remedial measures:

a) Compelling replanting of destroyed wave-reducing plants; grass that has been uprooted, dug up, or plowed as stipulated in Clause 1 and Clause 2 of this Article;

b) Compelling repair and restoration of damaged dike works for acts violating the provisions of Clause 7 and Clause 8 of this Article;

c) Compelling restoration to the original condition for acts violating the provisions of Clause 3, Clause 4, Clause 5, and Clause 9 of this Article.

Article 28. Violation of regulations on the operation of dike works

1. Imposing a fine from VND 20,000,000 to VND 40,000,000 for acts operating contrary to technical standards for flood diversion works, flood retardation works, culverts through dikes, emergency overflow structures, sluices through dikes, pumping stations, and boat basins within the protected dike area.

2. Additional forms of punishment:

Seizing the contraband items and means of violation for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

Compelling restoration to the original condition for acts violating the provisions of Clause 1 of this Article.

Article 29. Violations concerning dumping waste and leaving materials within the protected area of dikes and embankments, on river beaches, and in riverbeds

1. A fine shall be imposed for the act of dumping waste within the protected area of dikes and embankments, on river beaches, and in riverbeds as follows:

a) From VND 1,000,000 to VND 3,000,000 for a volume less than 01 cubic meter;

b) From VND 3,000,000 to VND 5,000,000 for a volume from 01 cubic meter to less than 03 cubic meters;

c) From VND 5,000,000 to VND 10,000,000 for a volume from 03 cubic meters to less than 10 cubic meters;

d) From VND 10,000,000 to VND 20,000,000 for a volume from 10 square meters to less than 20 cubic meters;

đ) From VND 20,000,000 to VND 40,000,000 for a volume from 20 cubic meters to less than 30 cubic meters;

e) From VND 40,000,000 to VND 50,000,000 for a volume from 30 cubic meters to less than 50 cubic meters;

g) From VND 50,000,000 to VND 80,000,000 for a volume from 50 cubic meters to less than 100 cubic meters;

h) From VND 80,000,000 to VND 100,000,000 for a volume of 100 cubic meters or more.

2. A fine shall be imposed for the act of leaving materials within the protected area of dikes and embankments as follows:

a) From VND 500,000 to VND 1,000,000 for a volume less than 01 cubic meter;

b) From VND 1,000,000 to VND 3,000,000 for a volume from 01 cubic meter to less than 05 cubic meters;

c) From VND 3,000,000 to VND 5,000,000 for a volume from 05 cubic meters to less than 10 cubic meters;

d) From VND 5,000,000 to VND 10,000,000 for a volume from 10 cubic meters to less than 15 cubic meters;

đ) From VND 10,000,000 to VND 20,000,000 for a volume from 15 cubic meters to less than 30 cubic meters;

e) From VND 20,000,000 to VND 40,000,000 for a volume from 30 cubic meters to less than 50 cubic meters;

g) From VND 40,000,000 to VND 50,000,000 for a volume from 50 cubic meters to less than 100 cubic meters;

h) From VND 50,000,000 to VND 100,000,000 for a volume of 100 cubic meters or more.

3. A fine shall be imposed for the act of leaving materials in riverbeds and beaches and other activities that obstruct water flow and flood drainage without measures to address and remedy the situation as follows:

a) From VND 500,000 to VND 1,000,000 for a volume less than 02 cubic meters;

b) From VND 1,000,000 to VND 3,000,000 for a volume from 02 cubic meters to less than 05 cubic meters;

c) From VND 3,000,000 to VND 5,000,000 for a volume from 05 cubic meters to less than 10 cubic meters;

d) From VND 5,000,000 to VND 10,000,000 for a volume from 10 cubic meters to less than 30 cubic meters;

đ) From VND 10,000,000 to VND 20,000,000 for a volume from 30 cubic meters to less than 100 cubic meters;

e) From VND 20,000,000 to VND 40,000,000 for a volume from 100 cubic meters to less than 300 cubic meters;

g) From VND 40,000,000 to VND 50,000,000 for a volume from 300 cubic meters to less than 500 cubic meters;

h) From VND 50,000,000 to VND 100,000,000 for a volume of 500 cubic meters or more.

4. Additional forms of administrative punishment:

Seizure of contraband and means of violation for acts violating the provisions of Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

Compel restoration to the original state for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 30. Violations concerning management, protection, and utilization of land, stone, sand, gravel belonging to emergency flood control reserves

1. A fine shall be imposed for the act of occupying, using, or moving improperly land, stone, sand, gravel belonging to emergency flood control reserves as follows:

a) From VND 500,000 to VND 1,000,000 for a volume less than 0.5 cubic meters;

b) From VND 1,000,000 to VND 5,000,000 for a volume from 0.5 cubic meters to less than 02 cubic meters;

c) From VND 5,000,000 to VND 10,000,000 for a volume from 02 cubic meters to less than 05 cubic meters;

d) From VND 10,000,000 to VND 20,000,000 for a volume from 05 cubic meters to less than 10 cubic meters;

đ) From VND 20,000,000 to VND 40,000,000 for a volume from 10 cubic meters to less than 20 cubic meters;

e) From VND 40,000,000 to VND 50,000,000 for a volume from 20 cubic meters to less than 30 cubic meters;

g) From VND 50,000,000 to VND 80,000,000 for a volume of 30 cubic meters or more.

2. Measures to remedy consequences: Compel the return of emergency flood control reserves for violations stipulated in Clause 1 of this Article.

Article 31. Violation of regulations on using vehicles on the dike

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of operating motorized vehicles or specialized motorcycles exceeding the permitted load weight on the dike.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using motorized vehicles or specialized motorcycles on the dike when there is a prohibition sign in cases where the dike has an incident or flood, storm, typhoon, except for inspection vehicles, dike protection vehicles, national defense and security duty vehicles, ambulance vehicles, firefighting vehicles.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of operating motorized vehicles on the dike not in accordance with the provisions in the permit.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of operating motorized vehicles on the dike without a permit.

5. Additional forms of punishment:

The right to use the permit shall be suspended for a period of from one month to three months for violations stipulated in Clause 3 of this Article.

6. Measures to remedy consequences:

Obligation to restore the initial condition if the dike is damaged due to violations stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 32. Construction of houses and works within the dike protection area and riverbed excluding floating islands or riverine islands

1. A fine shall be imposed for the act of constructing houses and works within the dike protection area and riverbed excluding floating islands or riverine islands, except for flood prevention and control works, auxiliary works, and special works as follows:

a) A fine of VND 1,000,000 to VND 5,000,000 for an area less than 2 square meters; or a length less than 2 meters for linear or wall-type works;

b) A fine of VND 5,000,000 to VND 10,000,000 for an area from 2 square meters to less than 5 square meters; or a length from 2 meters to less than 5 meters for linear or wall-type works;

c) A fine of VND 10,000,000 to VND 20,000,000 for an area from 5 square meters to less than 10 square meters; or a length from 5 meters to less than 10 meters for linear or wall-type works;

d) A fine of VND 20,000,000 to VND 40,000,000 for an area from 10 square meters to less than 30 square meters; or a length from 10 meters to less than 20 meters for linear or wall-type works;

đ) A fine of VND 40,000,000 to VND 50,000,000 for an area from 30 square meters to less than 50 square meters; or a length from 20 meters to less than 30 meters for linear or wall-type works;

e) A fine of VND 50,000,000 to VND 80,000,000 for an area from 50 square meters to less than 80 square meters; or a length from 30 meters to less than 50 meters for linear or wall-type works;

g) A fine of VND 80,000,000 to VND 100,000,000 for an area of 80 square meters or more; or a length of 50 meters or more for linear or wall-type works.

2. Measures to remedy consequences:

The violator shall be ordered to restore the original condition as stipulated in Clause 1 of this Article.

Article 33. Violation of Article 26 of the Law on Dikes regarding construction of houses and works on riverbanks, floating islands, and riverine islands that have not yet been developed

1. A fine shall be imposed for the act of constructing houses and works on riverbanks, floating islands, and riverine islands that have not yet been developed without a permit as follows:

a) From VND 5,000,000 to VND 10,000,000 for an area smaller than 5 square meters; or a length under 10 meters for linear or wall-type works;

b) From VND 10,000,000 to VND 20,000,000 for an area from 5 square meters to less than 10 square meters; or a length from 10 meters to less than 20 meters for linear or wall-type works;

c) From VND 20,000,000 to VND 40,000,000 for an area from 10 square meters to less than 30 square meters; or a length from 20 meters to less than 40 meters for linear or wall-type works;

d) From VND 40,000,000 to VND 50,000,000 for an area from 30 square meters to less than 50 square meters; or a length from 40 meters to less than 50 meters for linear or wall-type works;

đ) From VND 60,000,000 to VND 80,000,000 for an area from 50 square meters to less than 100 square meters; or a length from 50 meters to less than 80 meters for linear or wall-type works;

e) From VND 80,000,000 to VND 100,000,000 for an area of 100 square meters or more; or a length of 80 meters or more for linear or wall-type works.

2. A fine shall be imposed for the act of constructing houses and works on riverbanks, floating islands, and riverine islands that have not yet been developed not in accordance with the provisions in the permit as follows:

a) From VND 3,000,000 to VND 5,000,000 for an area smaller than 5 square meters; or a length under 10 meters for linear or wall-type works;

b) From VND 5,000,000 to VND 10,000,000 for an area from 5 square meters to less than 10 square meters; or a length from 10 meters to less than 20 meters for linear or wall-type works;

c) From VND 10,000,000 to VND 20,000,000 for an area from 10 square meters to less than 30 square meters; or a length from 20 meters to less than 40 meters for linear or wall-type works;

d) From VND 20,000,000 to VND 30,000,000 for an area from 30 square meters to less than 50 square meters; or a length from 40 meters to less than 60 meters for linear or wall-type works;

đ) From VND 30,000,000 to VND 50,000,000 for an area from 50 square meters to less than 100 square meters; or a length from 60 meters to less than 80 meters for linear or wall-type works;

e) From VND 50,000,000 to VND 100,000,000 for an area of 100 square meters or more; or a length of 80 meters or more for linear or wall-type works.

3. Measures to remedy consequences:

The violator shall be ordered to restore the original condition as stipulated in Clause 1 and Clause 2 of this Article.

Article 34. Violation of the provisions set forth in point b, Clause 2, Article 27 of the Law on Dike Management regarding expanding the construction land area when repairing and renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for the act of expanding the construction land area without a permit or not in accordance with the provisions of the permit, with an area under 05 square meters when repairing or renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of expanding the construction land area without a permit or not in accordance with the provisions of the permit, with an area from 05 square meters to under 10 square meters when repairing or renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

3. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for the act of expanding the construction land area without a permit or not in accordance with the provisions of the permit, with an area from 10 square meters to under 30 square meters when repairing or renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of expanding the construction land area without a permit or not in accordance with the provisions of the permit, with an area from 30 square meters to under 50 square meters when repairing or renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

5. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for the act of expanding the construction land area without a permit or not in accordance with the provisions of the permit, with an area of 50 square meters or more when repairing or renovating existing works and houses within the dike protection zone and on river beaches, floating islands, or river deltas.

6. Measures to remedy consequences:

The violator shall be ordered to restore the original condition for violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 35. Violation of the provisions in permits and approvals for activities related to dike management.

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using the dike, dike protection embankment, and sluices through the dike as mooring places for vessels, boats, rafts, and floats without a permit or not in accordance with the provisions of the permit.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of conducting activities not in accordance with the provisions of the permit stipulated in points a, b, c, d, e, g, and h of Clause 1, Article 25 and the approval stipulated in Clause 2, Article 28 of the Law on Dike Management.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of carrying out activities stipulated in points a, b, c, d, e, g, and h of Clause 1, Article 25 of the Law on Dike Management without a permit; carrying out activities stipulated in Clause 2, Article 28 of the Law on Dike Management without an approval.

4. Additional forms of administrative punishment:

The permit shall be revoked for a period of from 01 month to 03 months for violations stipulated in Clause 2 of this Article.

5. Measures to remedy consequences:

The violator shall be ordered to restore the original condition for the acts stipulated in Clauses 1, 2, and 3 of this Article.

Article 36. Violation of the provisions on mobilizing resources for dike guarding and rescuing works related to dike safety.

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to implement the decision of the competent authority on mobilizing forces, materials, and equipment for dike guarding and rescuing works related to dike safety, which has not yet reached the level requiring criminal prosecution.

Chapter V

AUTHORITY TO ISSUE VIOLATION DECISIONS AND ADMINISTRATIVE SANCTIONS,

IMPLEMENTATION OF REMEDIAL MEASURES FOR CONSEQUENCES

Article 37. Competence to Draft Administrative Violation Records

1. Administrative violation records in the fields of disaster prevention and control; water resources; dyke management shall be drafted in accordance with Article 58 of the Law on Handling Administrative Violations and the Government Decree detailing certain provisions and measures for implementing the Law on Handling Administrative Violations.

2. The persons competent to draft administrative violation records for violations stipulated in this Decree include:

a) Persons authorized to impose administrative penalties as specified from Article 38 to Article 46 of this Decree when performing their duties;

b) Civil servants and officials performing their duties related to disaster prevention and control; water resources; dyke management;

c) Civil servants and officials belonging to state inspection agencies or agencies entrusted with specialized inspection functions when performing their duties;

d) Personnel of the People's Army and People's Public Security Forces when performing their duties.

3. The persons competent to draft records as provided for in Clause 2 of this Article shall be responsible for issuing penalty decisions within their authority or transferring them to those competent to impose penalties under the laws on handling administrative violations and this Decree.

Article 38. Competence to Impose Penalties of the Chairman of the People's Committee

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding 10,000,000 VND;

d) Apply remedial measures as prescribed in Point a, Clause 1, Article 4 of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Impose fines up to 25,000,000 VND for the field of disaster prevention and control; 100,000,000 VND for the field of water resources; 50,000,000 VND for the field of dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Apply remedial measures as prescribed in Article 4 of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines up to 50,000,000 VND for the field of disaster prevention and control; 250,000,000 VND for the field of water resources; 100,000,000 VND for the field of dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Apply remedial measures as prescribed in Article 4 of this Decree.

Article 39. Competence to Impose Penalties of Inspection Agencies and Agencies Entrusted with Specialized Inspection Functions in Disaster Prevention and Control; Water Resources; Dyke Management

1. Inspectors and personnel entrusted with specialized inspection tasks in disaster prevention and control; water resources; dyke management when performing their duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding 1,000,000 VND;

d) Apply remedial measures as prescribed in Point a, Clause 1, Article 4 of this Decree.

2. The Chief Inspector of the Department of Agriculture and Rural Development; the Head of the specialized inspection team of the Department of Agriculture and Rural Development; the Head of the specialized inspection team of the General Department of Irrigation, General Department of Disaster Prevention and Control; the Chief of the specialized inspection agency regarding disaster prevention and control, water resources, dyke management; the Head of the specialized inspection team of the agency regarding disaster prevention and control, water resources, dyke management have the right:

a) To issue warnings;

b) Impose fines up to 25,000,000 VND for the field of disaster prevention and control; 50,000,000 VND for the field of water resources and dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding 50,000,000 VND for the field of disaster prevention and control; 100,000,000 VND for the field of water resources and dyke management;

đ) Apply remedial measures as prescribed in Article 4 of this Decree.

3. Chiefs of specialized inspection teams of the Ministry of Agriculture and Rural Development have the right to:

a) To issue warnings;

b) Impose fines up to 35,000,000 VND for the field of disaster prevention and control; 175,000,000 VND for the field of water resources; 70,000,000 VND for the field of dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding 70,000,000 VND for the field of disaster prevention and control; 350,000,000 VND for the field of water resources; 140,000,000 VND for the field of dyke management;

đ) Apply remedial measures as prescribed in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Agriculture and Rural Development, the Director-General of the General Department of Irrigation, the Director-General of the General Department of Disaster Prevention and Control have the right:

a) To issue warnings;

b) Impose fines up to 50,000,000 VND for the field of disaster prevention and control; 250,000,000 VND for the field of water resources; 100,000,000 VND for the field of dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Apply remedial measures as prescribed in Article 4 of this Decree.

Article 40. Authority to impose penalties of Fisheries Inspectors

1. The Head of a Fisheries Inspection Station under a Fisheries Inspection Branch in a region has the authority:

a) To impose a fine up to VND 10,000,000 for disaster prevention and control;

b) To confiscate contraband items and means of transport with a value not exceeding VND 20,000,000 for disaster prevention and control;

c) To apply remedial measures as stipulated at point a, Clause 1, Article 4 of this Decree.

2. The Head of a Fisheries Inspection Branch in a region has the authority:

a) To impose a fine up to VND 50,000,000 for disaster prevention and control;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply remedial measures as stipulated at point a, Clause 1, Article 4 of this Decree.

3. The Director of the Fisheries Inspection Department has the authority:

a) To impose a fine up to VND 50,000,000 for disaster prevention and control;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply remedial measures as stipulated at point a, Clause 1, Article 4 of this Decree.

Article 41. Authority to impose penalties of People's Public Security

1. The Chief of Public Security at commune level, the Chief of Police Station, the Battalion Commander of Mobile Police Battalion, the Commander of Water Police Team have the authority:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) To confiscate contraband items and means of transport with a value not exceeding VND 5,000,000;

d) Apply remedial measures as prescribed in Point a, Clause 1, Article 4 of this Decree.

2. The Chief of Public Security at district level; the Heads of Departments under the General Department of Social Order Management Police; the Commander of Water Police Brigade; the Heads of Departments under the Traffic Police General Department; the Heads of Provincial Public Security Departments including the Heads of Departments of Social Order Management Police; the Heads of Departments of Corruption, Economic Crime, Smuggling Investigation Police; the Heads of Departments of Waterway Police; the Heads of Departments of Traffic Police; the Heads of Departments of Mobile Police; the Heads of Departments of Protection Police; the Heads of Departments of Environmental Crime Prevention Police; the Heads of Departments of Firefighting, Rescue and Disaster Relief Police; the Regiment Commanders of Mobile Police Regiment have the authority:

a) To issue warnings;

b) To impose a fine up to VND 10,000,000 for disaster prevention and control; VND 25,000,000 for water resources management; VND 20,000,000 for dike management;

c) Suspend the use of licenses for a limited period;

d) To confiscate contraband items and means of transport with a value not exceeding VND 20,000,000 for disaster prevention and control; VND 50,000,000 for water resources management; VND 40,000,000 for dike management;

đ) To apply remedial measures as stipulated at point a, Clause 1 and Clause 2, Article 4 of this Decree.

3. The Director of Provincial Public Security Department has the authority:

a) To issue warnings;

b) To impose a fine up to: VND 25,000,000 for disaster prevention and control; VND 100,000,000 for water resources management; VND 50,000,000 for dike management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as stipulated in Article 4 of this Decree.

4. The Directors of the Economic Security Department, the General Department of Social Order Management Police, the General Department of Corruption, Economic Crime, Smuggling Investigation Police, the General Department of Traffic Police, the General Department of Firefighting, Rescue and Disaster Relief Police, the General Department of Environmental Crime Prevention Police, the Commander of Mobile Police Force have the authority:

a) To issue warnings;

b) To impose a fine up to: VND 50,000,000 for disaster prevention and control; VND 250,000,000 for water resources management; VND 100,000,000 for dike management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as stipulated in Article 4 of this Decree.

Article 42. Authority to impose penalties of Border Guard Forces

1. The Commander of Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime has the authority:

a) To issue warnings;

b) To impose a fine up to VND 5,000,000 for disaster prevention and control; VND 10,000,000 for water resources management and dike management;

c) To confiscate contraband items and means of transport with a value not exceeding VND 10,000,000 for disaster prevention and control; VND 20,000,000 for water resources management and dike management;

d) To apply remedial measures as stipulated at point a, Clause 1, Article 4 of this Decree.

2. The Commander of Border Guard Post, the Commander of Border Guard Flotilla, the Commander of Border Guard Command at Port Gate have the authority:

a) To issue warnings;

b) To impose a fine up to VND 10,000,000 for disaster prevention and control; VND 25,000,000 for water resources management; VND 20,000,000 for dike management;

c) To confiscate contraband items and means of transport with a value not exceeding VND 20,000,000 for disaster prevention and control; VND 50,000,000 for water resources management; VND 40,000,000 for dike management;

d) To apply remedial measures as stipulated at point a, Clause 1 and Clause 2, Article 4 of this Decree.

3. The Commander of Special Task Force against Drugs and Crime under the Anti-Drug and Crime Department under the Border Guard Command have the authority:

a) To issue warnings;

b) To impose a fine up to VND 25,000,000 for disaster prevention and control; VND 100,000,000 for water resources management; VND 50,000,000 for dike management;

c) To confiscate contraband items and means of transport with a value not exceeding VND 50,000,000 for disaster prevention and control; VND 200,000,000 for water resources management; VND 100,000,000 for dike management;

d) To apply remedial measures as stipulated in Article 4 of this Decree.

4. The Commander of Border Guard Force at provincial level, the Commander of Border Guard Flotilla, the Director of the Anti-Drug and Crime Department under the Border Guard Command have the authority:

a) To issue warnings;

b) Impose fines up to 50,000,000 VND for the field of disaster prevention and control; 250,000,000 VND for the field of water resources; 100,000,000 VND for the field of dyke management;

c) Suspend the use of licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as stipulated in Article 4 of this Decree.

Article 43. Competence to impose penalties of the Coast Guard

1. The Head of the Coast Guard Business Team, the Head of the Coast Guard Station have the authority:

a) To impose a fine up to five million dong for disaster prevention and control;

b) To apply the remedial measures prescribed in point a, Clause 1, Article 4 of this Decree.

2. The Commander of the Coast Guard Squadron has the authority:

a) To impose a fine up to VND 10,000,000 for disaster prevention and control;

b) To confiscate contraband items and means of transport with a value not exceeding VND 20,000,000 for disaster prevention and control;

c) To apply the remedial measures prescribed in point a, Clause 1, point a, Clause 2, Article 4 of this Decree.

3. The Commander of the Coast Guard Flotilla; the Commander of the Reconnaissance Unit, the Commander of the Special Task Force against Drug Crimes under the Vietnam Coast Guard Command have the authority:

a) To impose a fine up to fifteen million dong for disaster prevention and control;

b) To confiscate contraband items and means of transport with a value not exceeding thirty million dong for disaster prevention and control;

c) To apply the remedial measures prescribed in point a, Clause 1, point a, Clause 2, Article 4 of this Decree.

4. The Commander of the Coast Guard Zone, the Director of the Coast Guard Service and Legal Affairs Department under the Vietnam Coast Guard Command have the authority:

a) To impose a fine up to twenty-five million dong for disaster prevention and control;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply the remedial measures prescribed in point a, Clause 1, point a, Clause 2, Article 4 of this Decree.

5. The Commander of the Vietnam Coast Guard has the authority:

a) To impose a fine up to VND 50,000,000 for disaster prevention and control;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply the remedial measures prescribed in point a, Clause 1, point a, Clause 2, Article 4 of this Decree.

Article 44. Competence to impose penalties of the Transport Industry Professional Inspectorate

1. The Chief Inspector of the Transport Department, the Chief Inspector of the Vietnam Maritime Administration, the Head of the specialized inspection team of the Vietnam Highway Administration General Department, the Head of the specialized inspection team of the Vietnam Maritime Administration, the Head of the specialized inspection team of the Vietnam Inland Waterway Administration, the Head of the specialized inspection team of the Transport Department; the Head of the road administration agency in the area under the Vietnam Highway Administration General Department, the Head of the specialized inspection team of the road administration agency in the area under the Vietnam Highway Administration General Department have the authority:

a) To impose a fine up to twenty-five million dong for disaster prevention and control; fifty million dong for water conservancy and dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate contraband items and means of transport with a value not exceeding fifty million dong for disaster prevention and control; one hundred million dong for water conservancy and dike works;

d) To apply the remedial measures prescribed in point a, Clause 1, point d, Clause 2, Article 4 of this Decree.

2. The Head of the specialized inspection team of the Ministry of Transport has the authority:

a) To impose a fine up to thirty-five million dong for disaster prevention and control; one hundred seventy-five million dong for water conservancy; seventy million dong for dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate contraband items and means of transport with a value not exceeding seventy million dong for disaster prevention and control; three hundred fifty million dong for water conservancy; one hundred forty million dong for dike works;

d) To apply the remedial measures prescribed in point a, Clause 1, point d, Clause 2, Article 4 of this Decree.

3. The Chief Inspector of the Ministry of Transport, the General Director of the Vietnam Highway Administration General Department, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Administration have the authority:

a) To impose a fine up to fifty million dong for disaster prevention and control; two hundred fifty million dong for water conservancy; one hundred million dong for dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate objects and means of administrative violations;

d) To apply the remedial measures prescribed in point a, Clause 1, point d, Clause 2, Article 4 of this Decree.

Article 45. Competence to impose penalties of the Natural Resources and Environment Professional Inspectorate

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding 1,000,000 VND;

d) Apply remedial measures as prescribed in Point a, Clause 1, Article 4 of this Decree.

2. The Chief Inspector of the Natural Resources and Environment Department; the Head of the specialized inspection team of the Natural Resources and Environment Department; the Head of the specialized inspection team of the Vietnam Geological and Mineral Resources General Department, the Vietnam Land Management General Department, the Vietnam Environment General Department have the authority:

a) To impose a fine up to twenty-five million dong for disaster prevention and control; fifty million dong for water conservancy and dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate contraband items and means of transport with a value not exceeding fifty million dong for disaster prevention and control; one hundred million dong for water conservancy and dike works;

d) To apply the remedial measures prescribed in Clause 1, point d, Clause 2, Article 4 of this Decree.

3. The Head of the specialized inspection team of the Ministry of Natural Resources and Environment:

a) To impose a fine up to thirty-five million dong for disaster prevention and control; one hundred seventy-five million dong for water conservancy; seventy million dong for dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate contraband items and means of transport with a value not exceeding seventy million dong for disaster prevention and control; three hundred fifty million dong for water conservancy; one hundred forty million dong for dike works;

d) To apply the remedial measures prescribed in Clause 1, point d, Clause 2, Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Natural Resources and Environment, the General Director of the Vietnam Geological and Mineral Resources General Department, the General Director of the Vietnam Land Management General Department, the General Director of the Vietnam Environment General Department have the authority:

a) To impose a fine up to fifty million dong for disaster prevention and control; two hundred fifty million dong for water conservancy; one hundred million dong for dike works;

b) To revoke the right to use a license for a limited period;

c) To confiscate objects and means of administrative violations;

d) To apply the remedial measures prescribed in Clause 1, point d, Clause 2, Article 4 of this Decree.

Article 46. Competence to impose administrative penalties of Marine Port Control Units and Inland Waterway Transport Port Control Units

1. The Head of Marine Port Control Units and Inland Waterway Transport Port Control Units has the right:

a) To impose a fine up to VND 10,000,000 for disaster prevention and control;

b) To confiscate objects and means of transportation violating administrative regulations with a value not exceeding twenty million dong in the field of disaster prevention and control.

2. The Director of Marine Port Control Units and Inland Waterway Transport Port Control Units has the right:

a) To impose a fine up to VND 50,000,000 for disaster prevention and control;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply measures to remedy consequences prescribed in Clause 1, Point a, Clause 2, Article 4 of this Decree.

Article 47. Division of Competence to Impose Administrative Penalties for Violations

1. Competence to impose administrative penalties for violations of Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels have the competence to impose penalties on acts of administrative violation prescribed in Chapters II, III, and IV according to the competence prescribed in Article 38 of this Decree and their assigned functions, tasks, and powers.

2. Competence to impose administrative penalties for violations of inspection agencies and Heads of specialized inspection agencies for disaster prevention and control; water resources; dyke management

Persons authorized to impose penalties of inspection agencies and Heads of specialized inspection agencies for disaster prevention and control; water resources; dyke management impose penalties on acts of administrative violation prescribed in Chapters II, III, and IV according to the competence prescribed in Article 39 of this Decree and their assigned functions, tasks, and powers.

3. Competence to impose administrative penalties for violations of Fisheries Inspection Forces

Persons authorized to impose penalties of Fisheries Inspection Forces impose penalties on acts of administrative violation prescribed in Clause 2, Article 8, Clause 1, Article 9, Article 12, Article 13, Article 16 according to the competence prescribed in Article 40 of this Decree and their assigned functions, tasks, and powers in the assigned maritime areas.

4. Competence to impose administrative penalties for violations of Public Security Forces

Persons authorized to impose penalties of Public Security Agencies impose penalties on acts of administrative violation prescribed in Articles 9, 10, 12, 13, 14, 18, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 according to the competence prescribed in Article 41 of this Decree and their assigned functions, tasks, and powers within their managed areas.

5. Competence to impose administrative penalties for violations of Border Guard Forces

Persons authorized to impose penalties of Border Guard Forces impose penalties on acts of administrative violation prescribed in Articles 9, 10, 12, 13, 14, 18, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 according to the competence prescribed in Article 42 of this Decree and their assigned functions, tasks, and powers in border areas.

6. Competence to impose administrative penalties for violations of Coast Guard Forces

Persons authorized to impose penalties of Coast Guard Forces impose penalties on acts of administrative violation prescribed in Clause 2, Article 8, Clause 1, Article 9, Article 12, Article 13, Clause 2, Article 14, Article 16 according to the competence prescribed in Article 43 of this Decree and their assigned functions, tasks, and powers in the assigned maritime areas.

7. Competence to impose administrative penalties for violations of Specialized Transport Inspection Forces

Persons authorized to impose penalties of Specialized Transport Inspection Forces impose penalties on acts of administrative violation prescribed in Articles 12, 13, 15, 16, Point g and Point h, Clause 2, Article 24, Article 25, Article 30, Article 31 according to the competence prescribed in Article 44 of this Decree and their assigned functions, tasks, and powers.

8. Competence to impose administrative penalties for violations of Specialized Natural Resources and Environment Inspection Forces

Persons authorized to impose penalties of Specialized Natural Resources and Environment Inspection Forces impose penalties on acts of administrative violation prescribed in Articles 10, 11, Point đ, Clause 6, Article 24, Point a, Clause 2, Article 26, Clause 6, Article 27, Clause 1, Article 29 according to the competence prescribed in Article 45 of this Decree and their assigned functions, tasks, and powers.

9. Competence to impose administrative penalties for violations of Marine Port Control Units and Inland Waterway Transport Port Control Units

Persons authorized to impose penalties of Marine Port Control Units and Inland Waterway Transport Port Control Units impose penalties on acts of administrative violation prescribed in Clause 2, Article 8, Clause 1, Article 9, Article 12, Article 13, Clause 2, Article 14, Article 16 according to the competence prescribed in Article 46 of this Decree and their assigned functions, tasks, and powers.

Article 48. Implementation of certain measures to mitigate consequences

1. The implementation of measures to mitigate consequences requiring the payment into the Natural Disaster Prevention and Control Fund as stipulated in Clause 3, Article 17 shall be carried out as follows:

a) Organizations and individuals who violate the regulations shall pay the fund to the competent authority responsible for collecting the Fund;

b) The competent authority responsible for collecting the Fund shall have the responsibility to collect and manage the money paid into the Fund by organizations and individuals who violate the regulations in accordance with the provisions; and report the results of the payment into the Fund by organizations and individuals who violate the regulations to the person issuing the administrative violation penalty decision;

c) If an organization or individual who violates the regulations does not comply with the payment into the Fund as stipulated in Point a, Clause 1 of this Article, they will be subject to compulsory enforcement in accordance with the provisions of the law on handling administrative violations.

2. The implementation of measures to mitigate consequences requiring replanting of wave-shielding trees that have been cut down or destroyed; grass that has been uprooted, plowed, or cultivated as stipulated in Point a, Clause 11, Article 27 shall be carried out as follows:

a) Organizations and individuals who violate the regulations must replant wave-shielding trees and grass in the correct species and sufficient quantity that were cut down, destroyed, uprooted, plowed, or cultivated; they must protect and care for them for at least one year to ensure that the wave-shielding trees and grass remain alive and continue to function in protecting the dike; the planting and caring for wave-shielding trees and grass must be carried out according to technical standards and industry norms;

b) The Dike Management Station shall supervise and guide the implementation process and issue a confirmation record when completed, reporting to the person issuing the administrative violation penalty decision.

3. The implementation of measures to mitigate consequences requiring the return of reserve materials for flood, storm, and typhoon prevention that have been misappropriated or illegally used as stipulated in Clause 2, Article 30 shall be carried out as follows:

a) Organizations and individuals who violate the regulations must return the full quantity of reserve materials for flood, storm, and typhoon prevention that have been misappropriated or illegally used; they must restore them to their original condition. The returned materials must be of the correct type and within the service life of the misappropriated or illegally used materials or of the same type with equivalent performance; they must meet technical specifications, service life, and total value not lower than the misappropriated or illegally used materials;

b) The unit directly managing the materials shall supervise and guide the implementation process and issue a confirmation record when completed, reporting to the person issuing the administrative violation penalty decision.

4. The implementation of measures to mitigate consequences requiring repair and remediation of damaged dike works as stipulated in Clause 6, Article 31 shall be carried out as follows:

a) Organizations and individuals who violate the regulations must repair and remediate the damaged dike works and bear the costs for inspection, testing, evaluation, survey, design consultancy, and supervision consultancy (if applicable). The repairs and remediations must be carried out according to technical standards and industry norms, at least equal to the pre-violation state;

b) In cases where the violation causes damage to dike works that require urgent treatment to ensure dike safety, the violator must carry out the urgent treatment or reimburse the costs for such treatment according to the plan approved by the competent authority. The Department of Agriculture and Rural Development, the Provincial or District Steering Committee for Flood and Storm Prevention and Search and Rescue shall approve the urgent treatment plan in such cases according to their functions, tasks, and management scope;

c) The Department of Agriculture and Rural Development shall organize supervision, guidance, and monitoring during the implementation process; issue a confirmation record upon completion and send it to the person issuing the administrative violation penalty decision.

Chapter VI

IMPLEMENTING PROVISIONS

Article 49. Effective Date

1. This Decree shall take effect from the date of issuance.

2. This Decree replaces Government Decree No. 104/2017/NĐ-CP dated September 14, 2017, which stipulates administrative penalties for violations in the field of natural disaster prevention and control; water conservancy works exploitation and protection; and dike management, and Government Decree No. 65/2019/NĐ-CP dated July 18, 2019, which amends and supplements some articles of Government Decree No. 104/2017/NĐ-CP dated September 14, 2017, concerning administrative penalties for violations in the field of natural disaster prevention and control; water conservancy works exploitation and protection; and dike management.

Article 50. Transitional Provisions

1. For administrative violations occurring before the effective date of this Decree but discovered or being considered and resolved thereafter, the most favorable provisions shall apply to the organizations and individuals who violated the regulations.

2. For administrative violation penalty decisions that have already been issued or fully executed before the effective date of this Decree, if the individual or organization penalized still appeals, the provisions of the current law on administrative penalties in effect at the time of issuing the penalty decision shall be applied to resolve the appeal.

Article 51. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for guiding, organizing, and inspecting the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees at all levels, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.