✦ Tóm lược thông minh
Decree No. 04/2010/NĐ-CP stipulates administrative sanctions for violations in flood and storm prevention and response. It applies to organizations and individuals who commit violations related to flood and storm prevention and response, with a maximum fine of 40 million VND. The decree also specifies the sanctioning authority of state agencies and enforcement procedures.
Đối tượng áp dụng
Organizations and individuals, both domestic and foreign, who commit administrative violations in flood and storm prevention and response within the territory of Vietnam.
Các điểm cốt lõi
- Causing damage to flood and storm prevention works → Fine from 1,000,000 VND to 20,000,000 VND
- Violations in construction affecting flood and storm prevention works → Fine from 10,000,000 VND to 40,000,000 VND
- Violations in flood and storm prevention management → Fine from 5,000,000 VND to 20,000,000 VND
- Violations in responding to floods and storms → Fine from 1,000,000 VND to 30,000,000 VND
- Violations in mitigating the aftermath of floods and storms → Fine from 5,000,000 VND to 20,000,000 VND
🌐 Tác động xã hội từ văn bản này
- To raise awareness and responsibility in the community regarding the protection of flood and storm prevention works.
- To minimize risks from violations that affect the safety of people and property.
- Enforcement measures may impose a burden on the individual/unit being sanctioned.
❓ Câu hỏi thường gặp
What is the maximum fine?
The maximum fine under this Decree is 40,000,000 VND.
Who has the authority to impose sanctions?
Chairpersons of People's Committees at all levels, People's Public Security, specialized inspectors, Border Guard Forces, and Coast Guard all have the authority to impose administrative sanctions in the field of flood and storm prevention and response.
What is the statute of limitations for imposing sanctions?
The statute of limitations for administrative sanctions is one year from the date the violation was committed. If this period has passed, no sanctions will be imposed but remedial measures will still be applied.
What forms of sanctions are there?
Forms of sanctions include warnings, fines, confiscation of contraband and means of violation, revocation of licenses and certificates, and orders to rectify consequences.
What happens if the decision on sanctions is not complied with?
If organizations/individuals do not voluntarily comply with the decision on sanctions, they will be enforced according to Articles 66 and 67 of the Administrative Violation Handling Ordinance.
Toàn văn
DECREE
Regulations on administrative penalties for violations in the field of flood and storm prevention
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Dikes dated November 29, 2006;
Based on the Ordinance on Flood and Storm Prevention dated March 20, 1993 and the Ordinance amending and supplementing certain articles of the Ordinance on Flood and Storm Prevention dated August 24, 2000;
Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates acts of administrative violation, forms of penalty, fines, measures to remedy consequences, authority, procedures for handling administrative violations in the field of flood and storm prevention including: prevention, response, and remediation of flood and storm consequences.
2. Administrative violations in the field of flood and storm prevention are acts that violate state management regulations on flood and storm prevention committed intentionally or negligently by organizations and individuals but not constituting criminal offenses and according to this Decree shall be subject to administrative violation handling.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
1. Organizations and individuals within Vietnam and foreign organizations and individuals committing administrative violations in the field of flood and storm prevention within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be punished in accordance with the provisions of this Decree or other relevant laws.
In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall apply.
2. In cases where minors commit administrative violations in the field of flood and storm prevention, they shall be handled in accordance with Article 7 of the Ordinance on Handling Administrative Violations.
Article 3. Principles of administrative penalty
1. All administrative violations in the field of flood and storm prevention must be promptly detected, stopped, and strictly penalized.
2. The handling of administrative violations in the field of flood and storm prevention must be decided by persons with authority in accordance with the procedures and formalities prescribed in the Ordinance on Handling Administrative Violations.
3. The level of administrative penalties for violations shall be implemented in accordance with the provisions of this Decree and other relevant laws.
4. A single act of violation shall only be handled once; if the violation continues, it will be subject to increased penalties. Individuals and organizations committing multiple acts of violation shall be handled separately for each act of violation. Multiple individuals and organizations jointly committing a single act of violation shall each be subject to handling.
5. The handling of administrative violations in the field of flood and storm prevention must be based on the nature, degree of violation, personal circumstances of the violator, and mitigating or aggravating circumstances to decide on appropriate forms and measures of handling.
6. Administrative violations shall not be penalized in cases of emergency situations, unexpected events, or administrative violations by individuals while suffering from mental illness; other diseases that have caused loss of capacity for recognition or self-control of behavior.
7. When considering a violation case to determine the form of penalty, if the violation has characteristics of a crime, the person with authority must immediately transfer the file to the competent criminal prosecution agency in accordance with the law. It is strictly prohibited to retain violation cases with characteristics of crimes for administrative violation penalties.
8. In cases where an administrative penalty decision has been issued, if it is later discovered that the violation has characteristics of a crime, the violation file must be transferred to the competent criminal procedure agency in accordance with the law.
Article 4. Statute of Limitations for Administrative Sanctions
The statute of limitations for administrative violations is one year from the date the administrative violation was committed. If this period has passed, no administrative sanction shall be imposed, but measures to remedy consequences shall still be applied according to Clause 3, Article 5 of this Decree.
Article 5. Forms of Administrative Sanctions and Measures to Remedy Consequences
1. For each administrative violation, the violator, whether an organization or an individual, must bear one of the following forms of administrative sanctions:
a) Warning;
b) Fine;
The maximum fine for a single administrative violation in the field of flood and storm prevention is forty million dong.
2. Organizations and individuals who commit violations of laws in the field of flood and storm prevention, in addition to being warned or fined, may also be subject to one or two supplementary administrative sanctions depending on the nature and severity of the violation:
a) Revocation of the right to use licenses or certificates related to the violation.
b) Confiscation of objects or means used to commit the administrative violation.
3. In addition to the forms of administrative sanctions prescribed in Clause 1 and 2 of this Article, organizations and individuals committing administrative violations in the field of flood and storm prevention shall also be subject to one or two measures to remedy consequences:
a) Forced removal of part or all of unauthorized construction works.
b) Forced restoration to the original condition altered due to the administrative violation.
If they do not voluntarily comply with the measures to remedy consequences, coercive measures will be applied and they must bear all costs associated with such coercive measures. Coercive measures shall be implemented according to Articles 18 and 66 of the Administrative Violations Handling Ordinance.
4. Foreign nationals who commit administrative violations may also be subject to deportation. Deportation can be a primary penalty or a supplementary penalty depending on the circumstances.
Chapter II
For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:
PART 1
VIOLATIONS IN FLOOD AND STORM PREVENTION
Article 6. Violations Causing Damage to Flood and Storm Prevention Works
1. A fine of between one million and two million dong shall be imposed for any of the following acts:
a) Anchoring vessels, boats, rafts, or other means without permission or contrary to regulations at flood and storm prevention works;
b) Organizations or individuals discovering damage or incidents at flood and storm prevention works but failing to report them to responsible authorities for timely handling.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Drilling, surveying, extracting soil, sand, gravel, minerals, or underground water without permission or contrary to regulations within the protected area of flood and storm prevention works;
b) Using flood and storm prevention works for purposes other than their intended use.
3. A fine of between fifteen million and twenty million dong shall be imposed for any of the following acts:
a) Destroying or exploiting wave barriers improperly; occupying or damaging equipment, components of flood and storm prevention works without reaching the level of criminal prosecution;
b) Blasting or destroying within the protected area of flood and storm prevention works.
4. Supplementary penalties and measures to remedy consequences for this Article are:
a) For the act of violation at point a, Clause 1 of this Article, in addition to fines, supplementary penalties may also be imposed; revoking the right to use licenses or certificates for three months or confiscating objects or means used to commit the administrative violation;
b) For the acts of violation at points a, Clause 2 and points a, b, Clause 3 of this Article, in addition to fines, measures to remedy consequences may also be imposed: forced restoration to the original condition altered due to the administrative violation.
Article 7. Violations in construction affecting flood and storm prevention works
1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of constructing in violation of the provisions stipulated in the permit or approval document issued by the competent authority when carrying out activities related to flood and storm prevention works.
2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of constructing other works that damage partially or entirely flood and storm prevention works.
3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of constructing without or in violation of the provisions of permits for warehouses storing food, toxic substances, explosives, fuel, materials, and other important assets in flood-prone areas or areas frequently inundated.
4. Additional forms of punishment and remedial measures:
In addition to fines, violations under Clauses 1, 2, and 3 of this Article may also result in additional penalties: Revocation of the right to use the permit or professional certificate for a period of six months; and being ordered to restore the initial state altered due to administrative violations.
Article 8. Violations in managing flood and storm prevention
1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of disseminating false information related to floods and storms causing panic in the community.
2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of misusing the budget allocated for flood and storm prevention work.
PART 2
VIOLATIONS IN RESPONSE TO FLOODS AND STORMS
Article 9. Violations in implementing emergency response to floods and storms
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of failing to comply with the requirements of the competent authority to implement measures such as reinforcing flood and storm prevention works, securing houses, and safely evacuating.
2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of anchoring vessels to avoid or shelter from storms in violation of regulations.
3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of failing to comply with the requirements of the competent authority regarding the relocation to avoid storms or tropical depressions for vessels operating on rivers, seas, or reservoirs.
4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of failing to comply with the requirements of the competent authority regarding the prohibition of vessels going to sea during storm or urgent tropical depression conditions.
5. In addition to fines, violators under Clauses 1, 2, 3, and 4 of this Article shall be compelled to comply with the requirements of the competent authority and may face additional penalties: Revocation of the right to use the permit or professional certificate related to the operation of vessels, ships, or means of transportation for a period of two to five months.
6. For fishing vessels operating at sea, in addition to penalties for violations under Clauses 1, 2, 3, and 4 of this Article, they shall also be subject to the Government Decree on handling administrative violations in the fisheries sector.
Article 10. Violations in operating reservoirs for irrigation and hydropower
A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on any of the following acts:
1. The owners of irrigation and hydropower reservoirs do not have an operational procedure approved by the competent authority.
2. Operating an irrigation or hydropower reservoir contrary to the approved operational procedure or failing to comply with the requirements of the competent authority.
3. In addition to fines, violators under Clauses 1 and 2 of this Article shall also be required to bear the obligation to restore partially or fully the damages caused by administrative violations.
Article 11. Violations concerning rescue and assistance regulations in flood and storm prevention and response
1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of not providing information, turning off communication equipment, or operating outside the registered sea area for vessels at sea.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of discovering or receiving information about persons or means of transport in distress at sea, rivers, or lakes but failing to actively provide assistance or timely report to other forces for rescue.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not reporting, or misreporting the location, number of people on board, or the condition of accidents involving vessels operating at sea, thereby causing costs to search and rescue organizations.
4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to comply with orders to mobilize for rescue missions issued by authorized officials without legitimate reasons.
5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of sending out distress signals from vessels at sea but refusing to cooperate with rescue forces dispatched by the competent authority. In addition to the fine, the person requesting rescue shall also be required to compensate for the costs incurred in dispatching rescue forces.
PART 3
VIOLATIONS IN MITIGATING THE AFTERMATH OF FLOODS AND STORMS
Article 12. Violations in mitigating aftermaths
1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of distributing relief goods late or to incorrect recipients.
2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of appropriating or misusing relief funds, goods, or essential supplies intended for affected areas due to floods or storms. The violator must also return the appropriated amount or value of the goods.
Chapter III
AUTHORITY TO HANDLE ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FLOOD AND STORM PREVENTION AND RESPONSE
Article 13. Authority of the Chairpersons of People's Committees at all levels
1. The Chairperson of the People's Committee of communes, towns, wards (collectively referred to as commune level) has the authority:
a) To issue a warning or impose a fine up to VND 2,000,000;
b) To confiscate objects or means used in administrative violations with a value up to VND 2,000,000;
c) To compel the violator to remedy the consequences caused by their violation.
2. The Chairperson of the People's Committee of districts, towns, cities under provinces (collectively referred to as district level) has the authority:
a) To issue a warning or impose a fine up to VND 30,000,000;
b) To revoke the right to use licenses or certificates related to the violations;
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
3. The Chairperson of the People's Committee of provinces, centrally governed cities (collectively referred to as provincial level) has the authority:
a) To issue a warning or impose a fine up to VND 40,000,000;
b) To revoke the right to use licenses or certificates related to the violations; to recover improperly issued or incorrectly issued licenses.
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
Article 14. Authority of the People's Public Security
1. The Head of the Public Security Police Station at commune level has the authority:
a) To issue a warning or impose a fine up to VND 2,000,000;
b) To confiscate objects or means used in administrative violations with a value up to VND 2,000,000;
c) To compel the violator to remedy the consequences caused by their violation.
2. The Head of the Public Security Police Station at district level has the authority:
a) To issue a warning or impose a fine up to VND 10,000,000;
b) To revoke the right to use licenses or certificates related to the violations;
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
3. The Director of the Public Security Department at provincial level has the authority:
a) To issue a warning or impose a fine up to VND 30,000,000;
b) To revoke the right to use licenses or certificates related to the violations; to recover improperly issued or incorrectly issued licenses.
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
4. The Minister of Public Security:
a) To direct relevant units to inspect, prevent, and handle violations of laws on flood and storm prevention and response;
b) To decide on applying expulsion penalties against foreign organizations or individuals who violate laws on flood and storm prevention and response.
Article 15. Competence of Specialized Inspectors
1. Specialized inspectors performing their duties have the authority to:
a) Issue a warning or impose a fine up to 500,000 dong;
b) Confiscate contraband items or means of transportation used for violations with a value up to 2,000,000 dong;
2. The Chief Inspector of the Department of Agriculture and Rural Development has the authority:
a) To issue a warning or impose a fine up to VND 30,000,000;
b) To revoke the right to use licenses or certificates related to the violations;
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
3. The Chief Inspector of the Ministry of Agriculture and Rural Development has the authority:
a) To issue a warning or impose a fine up to VND 40,000,000;
b) To revoke the right to use licenses or certificates related to the violations; to recover improperly issued or incorrectly issued licenses.
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
Article 16. Competence of Border Guard Forces
1. The Station Commander of the Border Control Station has the authority to issue a warning or impose a fine up to 500,000 dong.
2. The Border Guard Post Commander, the Border Guard Squadron Commander have the authority:
a) To issue a warning or impose a fine up to VND 10,000,000;
b) To confiscate contraband items or means of transportation used for violations;
c) To compel the violator to remedy the consequences caused by their violation.
3. The Commander of the Border Guard Force at the provincial level has the authority:
a) To issue a warning or impose a fine up to VND 40,000,000;
b) To confiscate contraband items or means of transportation used for administrative violations;
c) To compel the violator to remedy the consequences caused by their violation.
Article 17. Competence of Coast Guard
1. The Team Leader of the Coast Guard Operations Team has the authority to issue a warning or impose a fine up to 1,000,000 dong.
2. The Squadron Leader of the Coast Guard Operations Squadron has the authority to issue a warning or impose a fine up to 5,000,000 dong.
3. The Coast Guard Squadron Commander has the authority to issue a warning or impose a fine up to 10,000,000 dong.
4. The Coast Guard Flotilla Commander has the authority:
a) To issue a warning or impose a fine up to 20,000,000 dong;
b) To compel the violator to remedy the consequences caused by the violation.
5. The Commander of the Coast Guard Zone has the authority:
a) To issue a warning or impose a fine up to VND 30,000,000;
b) To confiscate contraband items or means of transportation used for violations;
c) To compel the violator to remedy the consequences caused by their violation.
6. The Director of the Coast Guard Bureau has the authority:
a) To issue a warning or impose a fine up to VND 40,000,000;
b) To revoke the right to use licenses or certificates related to the violations;
c) Confiscate the objects and means used to commit administrative violations;
d) To compel the violator to remedy the consequences caused by their violation.
Chapter IV
PROCEDURES FOR ADMINISTRATIVE SANCTIONS
Article 18. Procedures for Administrative Sanctions
1. The procedures for imposing administrative sanctions related to flood and storm prevention and control shall be carried out in accordance with Articles 53, 54, 55, 56, 57, and 58 of the Administrative Violation Handling Ordinance 2002; and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008.
2. All acts of administrative violations subject to sanctions must be recorded in a file and clearly inform the organization or individual committing the violation of the article, clause, and name of the legal document they violated, while retaining the full file at the competent authority according to the time limit stipulated in the Administrative Violation Handling Ordinance.
3. Organizations and individuals fined may receive a receipt for the fine payment; if there is no receipt for the fine payment, the person being fined has the right not to pay the fine.
4. The confiscation and handling of contraband items or means of transportation used for administrative violations shall be carried out in accordance with Articles 60 and 61 of the Administrative Violation Handling Ordinance 2002; and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008.
5. The management and use of fines for administrative violations shall be implemented in accordance with the regulations of the State.
Article 19. Procedures for Revoking and Recovering Licenses
The procedures for revoking the use of licenses and recovering licenses shall be carried out in accordance with Article 59 of the Administrative Violation Handling Ordinance and must immediately notify the licensing authority.
Article 20. Enforcement of Administrative Sanction Decisions and Compulsory Execution of Administrative Sanction Decisions
1. Organizations and individuals subject to administrative sanctions in the field of flood and storm prevention and control under this Decree must strictly comply with the sanction decision of the competent authority within ten days from the date of receiving the decision, except where otherwise provided by law.
2. Organizations and individuals who are sanctioned but do not voluntarily comply with the sanction decision will be subject to compulsory execution of the sanction decision in accordance with Article 66 and Article 66a of the Administrative Violation Handling Ordinance 2002; the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008, and the provisions on compulsory execution of administrative sanction decisions under the law.
3. When applying measures for compulsory execution of administrative sanction decisions, organizations, agencies, and persons with authority must follow the procedures and formalities for compulsory execution as stipulated in Article 66 and Article 67 of the Administrative Violation Handling Ordinance 2002; the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008, and the provisions on compulsory execution of administrative sanction decisions under the law.
Chapter V
SETTLEMENT OF COMPLAINTS, REPORTS, AND VIOLATIONS HANDLING
Article 21. Complaints, Prosecutions, and Handling of Complaints and Prosecutions against Administrative Offense Penalty Decisions
1. Organizations, individuals subject to administrative offense penalties in the field of flood and storm prevention and control, or their legitimate representatives, have the right to file complaints or initiate lawsuits regarding such penalties according to the provisions of the law.
2. Every citizen has the right to report administrative offenses committed by individuals or organizations in the field of flood and storm prevention and control, as well as the misconduct of authorized officials in handling administrative offense penalties related to flood and storm prevention and control, to competent state agencies.
3. The authority, procedures, steps, and deadlines for handling complaints, prosecutions, and administrative lawsuits shall be carried out in accordance with the Law on Complaints and Prosecutions and relevant legal provisions.
Article 22. Handling of Authorized Officials and Individuals Subject to Administrative Offense Penalties
1. Authorized officials who impose administrative offense penalties in the field of flood and storm prevention and control, if they engage in harassment, tolerance, or cover-up of violators; fail to handle or handle improperly, untimely, or beyond their authority as prescribed; misappropriate or misuse funds, evidence, or means related to violations, will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
2. Individuals subject to administrative offense penalties who resist public servants, delay, evade compliance with penalty decisions, or commit other violations will be subject to administrative penalties under this Decree, other relevant legal provisions, or criminal prosecution, if damage is caused, compensation must be provided according to the law.
3. For violations of civil service regulations by civil servants while performing assigned tasks in the field of flood and storm prevention and control, they will be handled according to the laws on civil servants.
Chapter VI
IMPLEMENTING PROVISIONS
Article 23. Effectiveness of Implementation
This Decree takes effect from March 10, 2010.
Article 24. Implementation Organization
1. The Ministry of Agriculture and Rural Development is responsible for monitoring, directing, guiding, inspecting, and supervising the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
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