Decree No. 104/2017/ND-CP on administrative sanctions for violations in the field of natural disaster prevention and control; waterworks exploitation and protection; dyke management

DECREE

Regulations on administrative penalties for violations in the field of disaster prevention and control; waterworks exploitation and protection; dyke management.

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Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Administrative Violation Handling Law dated June 20, 2012;

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

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

Based on the Ordinance on Waterworks Exploitation and Protection dated April 4, 2001;

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

The Government issues this Decree to regulate administrative penalties for violations in the fields of disaster prevention and control; waterworks exploitation and protection; dyke management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

2. Acts of administrative violation in other state management areas related to disaster prevention and control; waterworks exploitation and protection; dyke management that are not regulated in this Decree shall be subject to regulations in other Decrees on administrative penalties in relevant state management areas for punishment.

Article 2. Applicability

1. Individuals and organizations committing acts of administrative violation in the fields of disaster prevention and control; waterworks exploitation and protection; dyke management within the territory of the Socialist Republic of Vietnam.

2. Authorities with the power to impose penalties.

3. Other individuals and organizations involved.

Article 3. Forms of penalty and measures to remedy consequences

1. For each act of administrative violation in the fields of disaster prevention and control; waterworks exploitation and protection; dyke management, the violator must bear one of the following main forms of penalty: warning or fine.

2. Depending on the nature and degree of violation, individuals and organizations committing such violations may also be subject to the following supplementary forms of penalty:

a) Suspension of the right to use a time-limited permit.

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

3. In addition to the forms of penalty prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations may also be subject to one or more of the following remedial measures:

a) Compel restoration to the original condition.

b) Compel demolition of construction works or parts thereof without a permit or constructed contrary to the permit.

c) Compel remediation of water pollution in waterworks.

d) Compel surrender of unlawful profits obtained from the administrative violation.

đ) Compel surrender of money, goods, or the monetary equivalent of the value of the goods for the administrative violation.

e) Compel surrender of unlawfully obtained land, gravel, sand, or pebbles due to the implementation of the administrative violation.

g) Compel compliance with requirements for disaster prevention and control for the administrative violation.

h) Compel contribution to the disaster prevention fund according to the specified level for the administrative violation.

Article 4. Provisions on the level of fines

1. The maximum fine for each act of administrative violation concerning disaster prevention and control is 50,000,000 VND.

The maximum fine for each act of administrative violation concerning waterworks exploitation and protection; dyke management is 100,000,000 VND.

2. The level of fine for acts of administrative violation prescribed in this Decree applies to individuals, except for the acts prescribed in Article 9; Article 10; point b, Clause 1, Article 11; point b, Clause 2, Article 11; point b, Clause 3, Article 11 of this Decree, which apply to organizations. For the same act of administrative violation, the level of fine for organizations is twice the level of fine for individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY, LEVELS OF FINE AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF DISASTER PREVENTION AND CONTROL

Article 5. Violations that obstruct the operation and damage flood control and prevention works, except for meteorological and hydrological works.

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of obstructing the operation of flood control and prevention works.

2. A fine of VND 6,000,000 to VND 8,000,000 shall be imposed on the act of anchoring vessels and other means of transport at places not designated in flood control and prevention works.

3. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed on the intentional act of misusing flood control and prevention works.

4. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on any of the following acts:

a) Encroaching on river banks or riverbeds, increasing natural disaster risks without measures to address and remedy such encroachments;

b) Illegally extracting sand, gravel, minerals, increasing natural disaster risks without measures to address and remedy such extractions.

5. A fine of VND 25,000,000 to VND 40,000,000 shall be imposed on the act of damaging works serving flood control and prevention.

6. Measures to remedy consequences:

a) Compel restoration to the original state for violations stipulated in point a, Clause 4 and Clause 5 of this Article;

b) Compel repayment of unlawful profits obtained from violations stipulated in point b, Clause 4 of this Article.

Article 6. Violations in implementing emergency responses to natural disasters

1. A fine of VND 100,000 to VND 300,000 shall be imposed on the intentional delay or non-compliance with instructions and commands for flood control and prevention issued by competent authorities or persons authorized.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of opposing or obstructing the implementation of instructions and commands for flood control and prevention, decisions to mobilize human resources, materials, means of transportation, equipment, and essential supplies for urgent disaster response issued by competent authorities or persons authorized.

3. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on the intentional act of concealing or providing false information about the location and status of vessels operating at sea, rivers, lakes when there is a natural disaster.

Article 7. Violations concerning rescue and relief operations in flood control and prevention

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of failing to actively assist or promptly inform relevant authorities or agencies to rescue people or vessels in distress at sea, rivers, streams, ponds, lakes when conditions permit but are not carried out.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the act of requesting urgent rescue but not cooperating when rescue forces approach, causing waste for rescue agencies.

Article 8. Violations in addressing aftermaths of natural disasters

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the intentional act of falsely reporting losses caused by natural 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, causing loss of relief funds and goods, and distributing relief incorrectly;

b) Implementing relief tasks untimely.

3. Measures to remedy consequences:

a) Compel repayment of unlawful profits obtained from violations stipulated in Clause 1 of this Article;

b) Compel repayment of the amount of money, goods, or the equivalent value of goods for violations stipulated in point a, Clause 2 of this Article.

Article 9. Violations concerning ensuring requirements for disaster prevention and control in investment and construction activities

1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the act of not implementing contents related to ensuring requirements for disaster prevention and control in new investment and construction projects or upgrading urban areas, rural residential points, and technical infrastructure works.

2. Measures to remedy consequences:

Order to implement contents ensuring requirements for disaster prevention and control for violations stipulated in Clause 1 of this Article.

Article 10. Violations concerning construction and implementation of disaster response plans

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of not sending approved disaster response plans to relevant local People's Committees and superior agencies within the administrative area.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not preparing or inadequately preparing human resources, materials, equipment, facilities, and essential supplies for disaster response according to approved disaster response plans.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of not developing or approving disaster response plans.

Article 11. Violations concerning contributions to the Disaster Prevention and Control Fund

1. A fine equal to the amount of contribution still owed in each installment but not less than VND 50,000 and not more than VND 50,000,000 shall be imposed on the act of under-contributing to the annual Disaster Prevention and Control Fund, specifically:

a) For individuals who have made their first contribution by May 30 but have not contributed the full required amount and make up the shortfall between June 1 and December 31 of the same year;

b) For independent economic organizations:

Those who have made their first contribution by May 30 but have not contributed the full required amount and make up the shortfall before October 30 of the same year.

Those who have made their second contribution by October 30 of the same year but have not contributed the full required amount and make up the shortfall before December 31 of the same year.

2. A fine of 1.5 times the amount of contribution still owed in each installment but not less than VND 50,000 and not more than VND 50,000,000 shall be imposed on the act of late contribution to the annual Disaster Prevention and Control Fund, specifically:

a) For individuals who contribute to the Disaster Prevention and Control Fund between June 1 and December 31 of the same year;

b) For independent economic organizations that make their first contribution between June 1 and October 30 of the same year and make up the remaining amount between October 31 and December 31 of the same year.

3. A fine of 2.0 times the amount of contribution still owed in each installment but not less than VND 50,000 and not more than VND 50,000,000 shall be imposed on the act of non-contribution to the annual Disaster Prevention and Control Fund, specifically:

a) For individuals who have not contributed the full required amount to the Disaster Prevention and Control Fund by December 31 of the same year;

b) For independent economic organizations that have not made their first contribution by October 30 of the same year and have not made up the remaining amount by December 31 of the same year.

4. Measures to remedy consequences:

Order to contribute to the Disaster Prevention and Control Fund according to the prescribed amount for violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 12. Violations by foreign organizations and individuals, and international organizations participating in disaster prevention and control activities in Vietnam

1. A fine of from VND 10,000,000 to VND 20,000,000 for engaging in activities not in accordance with the registered content, except in emergency situations.

2. A fine of from VND 20,000,000 to VND 30,000,000 for conducting disaster prevention and control activities without a registration certificate or with an expired registration certificate, except in emergency situations.

Chapter III

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR THE CONSEQUENCES IN THE FIELD OF EXPLOITATION AND PROTECTION OF IRRIGATION WORKS

Article 13. Violations causing obstruction to the flow of irrigation works

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

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

3. Measures to remedy consequences:

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

Article 14. Violations concerning the disposal of waste and effluents; discharging wastewater into irrigation works

1. For the act of disposing of waste and effluents into irrigation works, penalties shall be imposed as follows:

a) A warning penalty for the act of disposing of waste and effluents into irrigation works with a volume less than 0.5 m³.³;

b) A fine of from VND 300,000 to VND 500,000 for the act of disposing of waste and effluents into irrigation works with a volume from 0.5 m³³to less than 1 m³.³;

c) A fine of from VND 1,000,000 to VND 2,000,000 for the act of disposing of waste and effluents into irrigation works with a volume from 1 m³³to less than 3 m³.³;

d) A fine of from VND 2,000,000 to VND 4,000,000 for the act of disposing of waste and effluents into irrigation works with a volume from 3 m³³to less than 5 m³.³;

đ) A fine of from VND 4,000,000 to VND 8,000,000 for the act of disposing of waste and effluents into irrigation works with a volume of 5 m³³or more.

2. For the act of discharging wastewater into irrigation works which requires a permit but is done without a permit, penalties shall be imposed as follows:

a) A fine of from VND 20,000,000 to VND 30,000,000 for discharging wastewater into irrigation works which requires a permit but is done without a permit with a discharge rate less than 5 m³³/day-night;

b) A fine of from VND 30,000,000 to VND 60,000,000 for discharging wastewater into irrigation works which requires a permit but is done without a permit with a discharge rate from 5 m³³/day-night to less than 100 m³.³/day-night;

c) A fine of from VND 60,000,000 to VND 80,000,000 for discharging wastewater into irrigation works which requires a permit but is done without a permit with a discharge rate from 100 m³³/day-night to less than 500 m³.³/day-night;

d) A fine of from VND 80,000,000 to VND 100,000,000 for discharging wastewater into irrigation works which requires a permit but is done without a permit with a discharge rate from 500 m³³/day-night or more.

3. Measures to remedy consequences:

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

b) Order remediation of water pollution in irrigation works for violations stipulated in Clause 2 of this Article.

Article 15. 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 procedures for operating the irrigation system or the irrigation work not in accordance with the approved operation procedures, except as provided for in Clause 3 of this Article;

b) Operating the irrigation work without authorization.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of failing to establish the operation procedures for the irrigation work as prescribed and submit them to the competent authority for approval.

3. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed on the act of operating the water storage reservoir not in accordance with the approved operation procedures.

Article 16. Violations concerning 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 on the act of using machinery and equipment belonging to irrigation works for purposes other than their intended use.

Article 17. Violations concerning the protection of safety of irrigation works

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

a) Occupying land within the protected area of the irrigation work to set up tents, stalls, parking lots;

a) Constructing brick kilns, lime kilns, livestock pens illegally within the protected area of irrigation works;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

b) Cultivating aquatic products illegally within the protected area of irrigation works;

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

c) Illegally demolishing, moving boundary markers or warning signs of the irrigation work;擅自移动界标或警告标志；擅自连接渠道或水管；

d) Illegally planting perennial crops or conducting scientific research within the protected area of the irrigation work.

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

a) Failing to prepare and submit a report on the current safety status of the dam;

b) Failing to conduct inspections of the dam as prescribed;

c) Failing to prepare a dam protection plan, submit it to the competent state management agency for approval, and organize its implementation;

d) Failing to prepare a plan to ensure safety for the downstream areas of the dam to proactively respond to emergency flood releases or dam failures where there are concentrated populations or industrial zones, defense and security facilities.

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

a) Illegally constructing oil pipelines, water supply and drainage systems, power supply systems, communication systems, and other works within the protected area of the irrigation work;

b) Illegally drilling or excavating for geological surveys; illegally drilling or excavating for groundwater exploration and construction; illegally drilling or excavating for mineral exploration and extraction within the protected area of the irrigation work;

c) Illegally burying waste within the protected area of the irrigation work;

d) Organizing tourism, sports activities, or other services for commercial purposes within the protected area of the irrigation work.

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

a) Removing or filling up water conservancy works without authorization;

b) Illegally constructing houses, ancillary structures, bridges, retaining walls, cargo handling sites, production sites, material storage areas within the protected area of the irrigation work;

c) Illegally extracting soil, rocks, sand, gravel, and construction materials within the protected area of the irrigation work.

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the act of using explosives and conducting explosive activities illegally within the protected area of the irrigation work.

7. Measures to remedy consequences:

a) Order to restore the original condition for violations stipulated in point b of Clause 1; points b, c, d of Clause 2; points b, c, d of Clause 4; points b, c of Clause 5 and Clause 6 of this Article;

b) Order to dismantle illegally constructed works for violations stipulated in point a of Clause 1; point a of Clause 2; point a of Clause 4; point b of Clause 5 of this Article.

Article 18. Violations concerning the control of vehicles passing through water conservancy works

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of controlling motor vehicles and special-purpose motorcycles exceeding the permitted load limit when passing through water conservancy works.

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

a) Controlling motor vehicles and special-purpose motorcycles to pass through water conservancy works without permission;

b) Controlling inland waterway vessels to pass through water conservancy works causing damage to the works.

3. Measures to remedy consequences:

Obligation to restore the initial condition if the work is damaged due to violations stipulated in Clause 1 and 2 of this Article.

Article 19. Violations of regulations set forth in permits for activities within the protected area of water conservancy works

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of conducting activities contrary to the provisions of each of the following types of permits:

a) Planting perennial crops;

b) Building livestock sheds, poultry houses, and aquaculture facilities;

c) Conducting scientific research.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for each violation of the contents specified in the following types of permits:

a) Drilling, excavating for geological investigation; drilling, excavating for underground water exploration and construction; drilling, excavating for mineral exploration and extraction; drilling, excavating for construction material exploration and extraction;

b) Building warehouses, wharfs, and stockpiling sites for raw materials, fuels, building materials, supplies, and vehicles;

c) Dumping waste;

d) Building underground works, including: oil pipelines, power cables, communication cables, water supply and drainage pipelines;

đ) Organizing commercial and service activities.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for each violation of the contents specified in the following types of permits:

a) Building works within the protected area of water conservancy works;

b) Discharging wastewater into water conservancy works;

c) Using explosives and other explosive activities within the protected area 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 for violations stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Obligation to restore the initial condition for violations stipulated at point a Clause 1; points a and c Clause 2; points b and c Clause 3 of this Article;

b) Obligation to dismantle the constructed works that do not comply with the permit for violations stipulated at point b Clause 1; points b and d Clause 2; point a Clause 3 of this Article.

Chapter IV

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR CONSEQUENCES IN THE FIELD OF DIKE REGULATION

Article 20. Violations of the provisions in Article 7 of the Law on Dike Regulation

1. A fine of from VND 100,000 to VND 300,000 shall be imposed on the act of digging, hoeing, or raking grass on the top of the dike, the slope of the dike, and the surface of the dike.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Damaging wave protection trees on the dike with less than ten trees;

b) Dumping waste within the protected area of the dike regulation, on river banks, and in the riverbed with a volume of less than one cubic meter;³;

c) Storing materials on the dike with a volume of less than one cubic meter;³;

d) Illegally occupying, using, or moving earth, stone, sand, gravel reserved for flood and storm prevention and relief with a volume of less than one cubic meter;³;

đ) Planting annual crops or perennial plants on the dike; planting perennial plants in the protective zone of the dike.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Damaging wave protection trees on the dike with ten or more trees;

b) Dumping waste within the protected area of the dike regulation, on river banks, and in the riverbed with a volume of one cubic meter or more;³to less than 5 m³.³;

c) Storing materials on the dike with a volume of one cubic meter or more;³ and above;

d) Illegally occupying, using, or moving earth, stone, sand, gravel reserved for flood and storm prevention and relief with a volume of one cubic meter or more;³ and above;

đ) Storing materials in the riverbed and on river banks obstructing water flow and flood discharge and in the protective zone of the dike regulation with a volume of less than ten cubic meters;³;

e) Excavating, cutting, or stripping the surface of the dike, the top of the dike, the slope of the dike, and the base of the dike.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Dumping waste within the protected area of the dike regulation, on river banks, and in the riverbed with a volume of five cubic meters or more;³ and above;

b) Storing materials in the riverbed and on river banks obstructing water flow and flood discharge and in the protective zone of the dike regulation with a volume of ten cubic meters or more;³ but less than fifty cubic meters;³;

c) Digging ponds or wells within the protected area of the dike regulation;

d) Using motor vehicles and special-purpose motorcycles exceeding the permitted load limit on the dike;

đ) Using motor vehicles and special-purpose motorcycles on the dike when there is a prohibition sign in case of dike failure or floods, storms, typhoons, except for inspection vehicles, dike protection vehicles, national defense and security vehicles, ambulances, and fire trucks;

e) Illegally occupying, using, moving, or damaging auxiliary dike regulation works.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act:

a) Storing materials in the riverbed and on river banks obstructing water flow and flood discharge and in the protective zone of the dike regulation with a volume of fifty cubic meters or more;³ but less than two hundred cubic meters;³.

b) Operating against technical standards for flood diversion works, flood retardation works, sluices through the dike, emergency overflow structures, pumping stations, and boat harbors within the protected area of the dike regulation.

6. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on one of the following acts:

a) Storing materials in the riverbed and on river banks obstructing water flow and flood discharge and in the protective zone of the dike regulation with a volume of two hundred cubic meters or more;³ and above;

b) Building works or houses within the protected area of the dike regulation, except for flood prevention and relief works, auxiliary works, and special works;

c) Extracting earth, stone, sand, gravel, and minerals within the protected area of the dike regulation.

7. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed on the act of causing explosions that harm the body of the dike, except in urgent cases decided by authorized persons under Article 34 of the Law on Dike Regulation to explode or demolish for flood diversion and flood retardation to protect the dike.

8. Additional forms of punishment:

Confiscation of the violating means for violations stipulated at point a Clause 2; point a, e Clause 3; point c Clause 4; point b Clause 6 of this Article.

9. Remedial measures:

a) Obligation to restore the initial condition for violations stipulated at points a, b, c, đ Clause 2; points a, b, c, đ, e Clause 3; points a, b, c, e Clause 4; point a Clause 5; points a, c Clause 6 and Clause 7 of this Article;

b) Obligation to return illegally obtained earth, stone, sand, gravel due to the implementation of administrative violations stipulated at point d Clause 2; point d Clause 3 of this Article;

c) Obligation to dismantle the constructed works for violations stipulated at point b Clause 6 of this Article.

Article 21. Violation of provisions on constructing houses and works illegally in riverbank areas where there are no existing construction projects

1. A fine shall be imposed for the act of constructing houses and works in riverbank areas where there are no existing construction projects contrary to the provisions of Article 26 of the Law on Dikes as follows:

a) VND 5,000,000 to VND 15,000,000 for an area smaller than 10 m²;

b) VND 15,000,000 to VND 30,000,000 for an area from 10 m²to 30 m²;

c) VND 30,000,000 to VND 60,000,000 for an area larger than 30 m².

2. Measures to remedy consequences:

Order to restore the original condition for violations stipulated in Clause 1 of this Article.

Article 22. Violation of provisions atpoint b Clause 2 Article 27 of the Law on Dikes regarding expansion of the construction site area when repairing and improving existing structures and residences within the dike protection zone and1. The Ministry of National Defense shall base on this Decision to establish housing standards for active-duty military personnel, defense workers, and civil servants, coordinating with the Ministry of Construction to unify the criteria, conditions, and standards, and quotas for official housing before submitting to the competent authority for review and decision.riverbank1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the illegal expansion of the construction site area with an area less than 10 mwhen repairing, improving existing structures and residences within the dike protection zone and on the riverbank.in2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the illegal expansion of the construction site area with an area from 10 m

to less than 30 m²3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal expansion of the construction site area with an area over 30 m

Order to dismantle the part of the structure or residence for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.²Article 23. Violation of provisions at²3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal expansion of the construction site area with an area over 30 m

Clause 2 Article 28 of the Law on Dikes regarding construction and improvement of traffic-related works related to dikes²3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal expansion of the construction site area with an area over 30 m

4. Measures to remedy consequences:

1. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of constructing or improving traffic-related works related to dikes without approval documents from competent authorities.

Order to restore the original condition for violations stipulated in Clause 1 of this Article.Article 24. Violation of provisions in permits and approval documents for activities related to dikes

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of conducting activities contrary to the provisions in the permit stipulated in Article 31 of the Law on Dikes.

2. Measures to remedy consequences:

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of conducting activities contrary to the provisions in the permit stipulated in Clause 1 Article 25; Clause 2, Clause 3 Article 26; Clause 2 Article 27 and approval documents stipulated in Clause 2 Article 28 of the Law on Dikes.

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 Clause 1 Article 25; Clause 2, Clause 3 Article 26; Clause 2 Article 27; Article 31 of the Law on Dikes without a permit.

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

Order to restore the original condition for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 25. Violation of provisions in mobilizing resources for dike protection and rescue of related works

4. Additional forms of administrative punishment:

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 authorized person in mobilizing forces, materials, and means for dike protection and rescue of related works.

5. Measures to remedy consequences:

Order to restore the initial state in relation to the violations specified in Clause 1, Clause 2, and Clause 3 of this Article.

Article 25. Violations in the mobilization of resources for dike protection and rescue of related works concerning dike safety

A fine of from five million VND to ten million VND shall be imposed on the failure to implement the Decision of the authorized person regarding the mobilization of forces, materials, and equipment for dike protection and rescue of related works concerning dike safety.

Chapter V

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 26. Authority 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 objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points a, b, and c Clause 3, Article 3 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 a fine up to twenty-five million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II; impose a fine up to fifty million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

d) Apply remedial measures prescribed in this Decree.

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

a) To issue warnings;

b) Impose a fine up to fifty million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II; impose a fine up to one hundred million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in this Decree.

Article 27. Authority to impose administrative penalties of the Inspection Agency and Heads of agencies assigned specialized inspection functions for exploitation and protection of water conservancy works; dyke systems

1. Inspectors, persons assigned to perform specialized inspection tasks on exploitation and protection of water conservancy works; dyke systems while performing their duties have the authority:

a) To issue warnings;

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

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in point a and c Clause 3, Article 3 of this Decree.

2. Chief Inspector of the Department of Agriculture and Rural Development; Head of specialized inspection teams of the Department of Agriculture and Rural Development; Head of specialized inspection teams of the General Department of Water Resources; General Department of Disaster Prevention and Control; Chief of specialized inspection teams, Head of inspection teams of specialized inspection teams on water resources; dyke systems have the authority:

a) To issue warnings;

b) Impose a fine up to fifty million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

d) Apply remedial measures prescribed in 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 a fine up to seventy million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

d) Apply remedial measures prescribed in this Decree.

4. Chief Inspector of the Ministry of Agriculture and Rural Development, Director-General of the General Department of Water Resources, Director-General of the General Department of Disaster Prevention and Control have the authority:

a) To issue warnings;

b) Impose a fine up to one hundred million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in this Decree.

Article 28. Authority to impose administrative penalties of Fisheries Inspectors

The authority to impose administrative penalties of Fisheries Inspectors for administrative violations related to disaster prevention and control as stipulated in Articles 6 and 7 of this Decree in Vietnam's maritime areas is as follows:

1. Inspectors assigned specialized inspection tasks while performing their duties have the authority:

a) To issue warnings;

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

c) Confiscate contraband items, means of transportation for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause.

2. Chief of Fisheries Inspection Branch Region:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate contraband items, means of transportation for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause.

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

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Confiscate contraband items, means of transportation for administrative violations.

Article 29. Authority to impose administrative penalties of the Inspection Agency and Heads of agencies assigned specialized inspection functions for disaster prevention and control

1. Inspectors, persons assigned to perform specialized inspection tasks on disaster prevention and control while performing their duties have the authority:

a) To issue warnings;

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

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in point a and c Clause 3, Article 3 of this Decree.

2. Chief Inspector of the Department, Head of inspection teams of the Department with responsibilities for disaster prevention and control; Head of inspection teams of the General Department, Chief of specialized inspection teams, Head of inspection teams of specialized inspection teams assigned specialized inspection functions for disaster prevention and control have the authority:

a) To issue warnings;

b) Impose a fine up to twenty-five million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II of this Decree;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in this Decree.

3. Head of inspection teams of the Ministry with responsibilities for disaster prevention and control have the authority:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II of this Decree;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in this Decree.

4. Director-General of the General Department of Disaster Prevention and Control; Chief Inspector of the Ministry, Director-General of the General Department assigned specialized inspection functions for disaster prevention and control have the authority:

a) To issue warnings;

b) Impose a fine up to fifty million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II of this Decree;

c) To confiscate objects and means of administrative violations;

d) Apply remedial measures prescribed in this Decree.

Article 30. Competence of the People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

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

2. The Station Commander, Water Team Leader, and Squad Leader as specified in Clause 1 of this Article shall have the following powers:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. The Head of the Public Security Office at the commune level and the Head of the Police Post shall have the following powers:

a) To issue warnings;

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

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in point a and c Clause 3, Article 3 of this Decree.

4. The Head of the Public Security Office at the district level; the Water Battalion Commander; the Head of the Traffic Police Department under the Traffic Police Corps; the Heads of the Provincial Public Security Departments including the Head of the Waterway Police Department, the Head of the Traffic Police Department, the Head of the Protection and Mobile Police Department, the Heads of the Mobile Police Units from battalion level upwards, the Head of the Environmental Crime Prevention Police Department, the Head of the Firefighting and Rescue Police Department, the Head of the Firefighting and Rescue Police Department in cities, districts, towns, and provincial cities, and the Head of the River Firefighting and Rescue Police Department under the Provincial Firefighting and Rescue Police Department shall have the following powers:

a) To issue warnings;

b) To impose fines up to VND 10,000,000 for administrative violations related to disaster prevention and response as stipulated in Chapter II; to impose fines up to VND 20,000,000 for administrative violations related to water conservancy works exploitation and protection; and dike management as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply remedial measures as prescribed in points a, c, g, and h of Clause 3, Article 3 of this Decree.

5. The Director of the Provincial Public Security Department and the Director of the Firefighting and Rescue Service shall have the following powers:

a) To issue warnings;

b) Impose a fine up to twenty-five million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II; impose a fine up to fifty million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in point b of this clause;

đ) To apply remedial measures as prescribed in points a, c, d, đ, e, g, and h of Clause 3, Article 3 of this Decree.

6. The Director of the Traffic Police Corps, the Director of the Firefighting and Rescue Corps, and the Director of the Environmental Crime Prevention Corps shall have the following powers:

a) To issue warnings;

b) Impose a fine up to fifty million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II; impose a fine up to one hundred million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as prescribed in points a, c, d, đ, e, g, and h of Clause 3, Article 3 of this Decree.

Article 31. Competence of the Border Guard

The Border Guard has the power to impose administrative penalties on violations as stipulated in Chapters II, III, and IV of this Decree within the border areas under their jurisdiction, specifically as follows:

1. Border Guard soldiers performing their duties have the right to:

a) To issue warnings;

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

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 10,000,000 for administrative violations related to disaster prevention and response as stipulated in Chapter II; to impose fines up to VND 20,000,000 for administrative violations related to water conservancy works exploitation and protection; and dike management as stipulated in Chapters III and IV of this Decree;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply remedial measures as prescribed in points a, c, g, and h of Clause 3, Article 3 of this Decree.

4. The Commander of the Provincial Border Guard, and the Commander of the Coast Guard Squadron subordinate to the Border Guard Command shall have the following powers:

a) To issue warnings;

b) Impose a fine up to fifty million dong for administrative violations related to disaster prevention and control as stipulated in Chapter II; impose a fine up to one hundred million dong for administrative violations related to exploitation and protection of water conservancy works; dyke systems as stipulated in Chapters III and IV of this Decree;

c) Suspend the right to use a time-limited permit;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as prescribed in points a, c, d, đ, g, and h of Clause 3, Article 3 of this Decree.

Article 32. Competence of the Maritime Police

The competence of the Maritime Police in imposing administrative penalties for violations in the field of disaster prevention and response as stipulated in Chapter II of this Decree within the areas under their jurisdiction, as follows:

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 1,000,000.

2. The Head of the Maritime Police Professional Group has the following powers:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

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

c) To apply remedial measures as prescribed in points a and c of Clause 3, Article 3 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply remedial measures as prescribed in points a, c, g, and h of Clause 3, Article 3 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply remedial measures as prescribed in points a, c, g, and h of Clause 3, Article 3 of this Decree.

6. Commanders of coast guard regions have the authority to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply remedial measures as prescribed in points a, c, g, and h of Clause 3, Article 3 of this Decree.

7. The Commander of the Coast Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use a time-limited permit;

d) To confiscate contraband items and means of transportation involved in administrative violations;

đ) To apply remedial measures as prescribed in points a, b, c, g, and h of Clause 3, Article 3 of this Decree.

Article 33. Competence to draw up administrative violation records

Persons authorized to impose penalties, civil servants, officials performing official duties, and those with competence to draw up administrative violation records concerning acts of violation in the fields of disaster prevention and control; waterworks exploitation and protection; dyke management.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

1. This Decree takes effect from November 1, 2017.

2. This Decree replaces Government Decree No. 139/2013/NĐ-CP dated October 22, 2013 on administrative penalties for violations related to waterworks exploitation and protection; dyke management; flood and storm prevention and control.

Article 35. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.