Decree No. 117/2009/NĐ-CP On Handling Violations of Law in the Field of Environmental Protection

 

DECREE

On handling violations of laws in the field of environmental protection

_________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

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 NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates on:

a) Administrative violations in the field of environmental protection, forms of administrative penalties, penalty amounts, jurisdiction, procedures for imposing penalties, and measures to remedy consequences;

b) Jurisdiction, procedures, and procedures for applying temporary measures such as suspending operations, forced relocation, and prohibiting activities against production, business, and service establishments causing environmental pollution, serious environmental pollution as stipulated in Article 49 of the Environmental Protection Law; coercive measures, jurisdiction, and procedures for enforcing decisions on temporarily suspending operations, forced relocation, and prohibiting activities;

c) Measures to publicly disclose information about pollution situations and violations of law by production, business, and service establishments causing environmental pollution, serious environmental pollution.

2. Administrative violations in the field of environmental protection are acts that violate state management regulations in the field of environmental protection, committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be subject to administrative penalties according to this Decree. Administrative violations in the field of environmental protection include:

a) Acts violating regulations on establishing and implementing environmental protection commitments, environmental impact assessment reports, additional environmental impact assessment reports (hereinafter collectively referred to as environmental impact assessment reports), and environmental protection plans;

b) Acts causing environmental pollution;

c) Acts violating regulations on waste management;

d) Acts violating regulations on environmental protection in importing machinery, equipment, transportation vehicles, raw materials, fuels, materials, and waste products;

đ) Acts violating regulations on environmental protection in tourism activities, conservation, and rational use of natural resources;

e) Acts violating regulations on prevention, control, and remediation of environmental pollution, degradation, and incidents, and other acts violating environmental protection regulations.

3. Other administrative violations in the field of environmental protection not directly specified in this Decree shall be handled according to the provisions of laws on administrative penalties in other relevant Decrees.

Article 2. Subjects of Violation Handling in the Field of Environmental Protection

1. Subjects of Administrative Penalties:

a) Individuals and organizations within Vietnam and foreign individuals and organizations (hereinafter collectively referred to as individuals and organizations) who commit administrative violations in the field of environmental protection on the territory of Vietnam shall be subject to administrative penalties according to the provisions of this Decree or related Decrees. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, those treaty provisions shall apply.

b) Individuals under the age of majority who commit administrative violations in the field of environmental protection shall be subject to administrative penalties according to the provisions of Article 7 of the Administrative Violations Handling Ordinance.

2. Production and service establishments causing environmental pollution, serious environmental pollution shall be subject to temporary measures such as suspending operations, forced relocation, and prohibiting activities according to the provisions of Chapter III of this Decree.

The Ministry of Natural Resources and Environment shall specify criteria for identifying establishments causing environmental pollution and serious environmental pollution.

3. When performing their duties and public services, officials and civil servants who commit violations of environmental protection laws shall not be subject to administrative penalties according to this Decree but shall be dealt with according to the laws on officials and civil servants.

Article 3. Forms of Administrative Penalties and Measures to Remedy Consequences for Administrative Violations in the Field of Environmental Protection

1. For each act of administrative violation in the field of environmental protection, the violator must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

The maximum fine for a single administrative violation in the field of environmental protection is 500,000,000 VND.

2. Depending on the nature and degree of violation, individuals and organizations committing administrative violations in the field of environmental protection may also be subject to one or more supplementary forms of administrative penalties as follows:

a) Revocation of certificates attesting to meeting environmental standards, licenses for hazardous waste transportation and treatment, discharge permits into water sources, and other types of licenses and certificates of practice related to environmental protection (hereinafter collectively referred to as licenses and certificates of practice);

b) Confiscation of items and means used to commit administrative violations in the field of environmental protection.

3. In addition to the forms of administrative penalties stipulated in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the field of environmental protection may also be subject to one or more measures to remedy consequences as follows:

a) Compelling the implementation of noise reduction, vibration reduction measures, and waste treatment to meet technical environmental standards;

b) Compelling environmental restoration; compelling the implementation of measures to address pollution conditions, disease spread, and other environmental protection measures as prescribed by environmental protection laws;

c) Compelling the removal of goods, machinery, equipment, transportation vehicles, raw materials, fuels, materials, waste products, and imported items from the territory of Vietnam or compelling their re-exportation if they were brought into the country in violation of environmental protection regulations or caused environmental pollution;

d) Compelling the destruction of explosive goods, items causing environmental pollution; invasive alien species; genetically modified organisms and their products;

đ) Compelling compliance with all contents in environmental impact assessment reports and requirements in decisions approving environmental impact assessment reports, environmental protection commitments, and environmental protection plans;

e) Compelling the correct operation of environmental treatment facilities according to procedures; compelling the construction or dismantling of environmental treatment facilities that were built contrary to the contents in environmental impact assessment reports and requirements in decisions approving environmental impact assessment reports, environmental protection commitments, and environmental protection plans;

g) Compelling compliance with environmental safety distance regulations from residential areas.

h) Compel the cessation of illegal activities and relocation from prohibited areas due to the exceptionally dangerous environmental impact on human health and life; compel the relocation of crops affecting the technical safety zones of environmental protection works.

i) Compel the recovery, disposal, or abandonment of products past their expiration date according to regulations.

k) Compel compliance with provisions regarding environmental remediation and restoration guarantees and environmental liability insurance.

l) Restore the original condition that was altered as a result of administrative violations.

Other measures for remedying consequences as prescribed in Chapter II of this Decree.

Article 4. Forms of handling production, business, and service establishments causing environmental pollution, serious environmental pollution

Production, business, and service establishments causing environmental pollution, serious environmental pollution that commit administrative violations in the field of environmental protection shall be subject to administrative penalties in accordance with this Decree. In addition, such establishments shall also be subject to one of the following forms of handling:

1. Temporarily suspend operations until necessary environmental protection measures are completed.

2. Compel relocation of the establishment to locations far from residential areas and suitable for the environmental carrying capacity.

3. Prohibit operations.

4. Publicize information about pollution conditions and violations of environmental protection laws on the websites of provincial People's Committees, Provincial Departments of Natural Resources and Environment, Ministry of Natural Resources and Environment; Vietnam Natural Resources and Environment Newspaper, and other mass media outlets.

Article 5. Statute of limitations for administrative offenses, period considered as not having been administratively penalized

1. The statute of limitations for administrative offenses in the field of environmental protection is two years, counted from the date the administrative offense was committed; if beyond this period, no penalty will be imposed, but measures for remedying consequences as prescribed in this Decree will still be applied.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure, and have received decisions to terminate investigation or terminate the case, where the administrative violation has signs of violating environmental protection regulations as stipulated in this Decree, within three days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send it to the competent authority for punishment; in this case, the statute of limitations for administrative offenses is three months, counted from the date the competent authority receives the decision to terminate and the case file.

3. Within the time limits specified in Clause 1 and Clause 2 of this Article, if individuals or organizations commit new administrative violations in the field of environmental protection or intentionally evade or obstruct punishment, the statute of limitations specified in Clause 1 and Clause 2 of this Article will not apply. The statute of limitations for administrative offenses in these cases will be recalculated from the date of committing the new administrative violation or from the date of ceasing intentional evasion or obstruction of punishment.

4. Individuals or organizations subject to administrative penalties in the field of environmental protection, if more than one year has passed since the completion of the execution of the penalty decision or since the expiration of the enforcement period of the penalty decision without reoffending, shall be deemed as not having been administratively penalized in the field of environmental protection.

Article 6. Application of environmental technical standards and regulations and use of environmental parameters to determine administrative violations and the degree of administrative violations in the field of environmental protection

1. National technical regulations shall be used to determine administrative violations and the degree of administrative violations in the field of environmental protection; in cases where both national technical regulations and local technical regulations exist, local technical regulations shall be applied; in cases where there are no technical regulations, mandatory standards shall be applied.

National technical regulations and local technical regulations on the environment include technical regulations on waste and technical regulations on ambient environment.

2. The number of times exceeding technical standards and regulations shall be determined based on the highest monitoring and supervision results of one of the environmental parameters according to the mandatory standards, technical regulations (hereinafter referred to collectively as technical standards and regulations).

Chapter II

ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION

Section 1

VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION, FORMS, LEVELS OF PENALTIES AND REMEDIAL MEASURES

Article 7. Violations of provisions regarding commitments to protect the environment, environmental protection plans corresponding in nature and scale to the objects required to establish environmental protection commitments

1. Impose a fine of VND 500,000 to VND 2,000,000 for any of the following acts:

a) Not implementing or not fully implementing the contents in the environmental protection commitment, environmental protection plan that have been confirmed by competent state authorities, except for cases provided for in Clause 3 of this Article;

b) Not submitting a report to the authority that has confirmed the environmental protection plan on the completion of environmental protection measures according to the confirmed environmental protection plan.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not implementing the contents in the environmental protection commitment, environmental protection plan that have been confirmed by competent state authorities, except for cases provided for in Clause 3 of this Article.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not constructing, constructing incorrectly, not operating, not operating regularly, or operating incorrectly the environmental treatment works committed in the environmental protection commitment, environmental protection plan that have been confirmed by competent state authorities.

4. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed for the act of not having an environmental protection commitment, environmental protection plan confirmed as prescribed.

5. Measures to remedy consequences:

a) Order to implement correctly and fully all the contents recorded in the environmental protection commitment, environmental protection plan that have been confirmed by competent state authorities within the time limit set by the authorized authority in the administrative violation decision for cases violating the provisions of Clauses 1 and 2 of this Article;

b) Order to operate the environmental treatment works according to the procedures; order to construct and install the environmental treatment works within the time limit set by the authorized authority in the administrative violation decision for cases violating the provisions of Clause 3 of this Article;

c) Order to dismantle the environmental treatment works constructed incorrectly according to the contents in the environmental protection commitment, environmental protection plan that have been confirmed for cases violating the provisions of Clause 3 of this Article;

d) Order to prepare and submit the environmental protection plan to the competent state authority for confirmation as prescribed within the time limit set by the authorized authority in the administrative violation decision for cases violating the provisions of Clause 4 of this Article;

đ) Order to take remedial measures to address environmental pollution caused by the violations stipulated in this Article within the time limit set by the authorized authority in the administrative violation decision.

Article 8. Violations of provisions on establishing and implementing environmental impact assessment reports

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

a) Not submitting a report or submitting a report out of the deadline to the People's Committee of the district where the project is implemented on the contents of the decision approving the environmental impact assessment report;

b) Not publicly posting at the location of the project a summary of the approved environmental impact assessment report as prescribed;

c) Not submitting a report, submitting a report out of the deadline, or submitting a false report to the state agency that has approved the environmental impact assessment report on the construction plan of environmental treatment works and detailed design documents of environmental treatment works as prescribed;

d) Not preparing and submitting the trial operation plan of environmental treatment works to the agency that has approved the environmental impact assessment report, Department of Natural Resources and Environment, Environmental Resource Management Office, and the community where the project is implemented as prescribed;

đ) Not submitting a report or submitting a false report to the agency that has approved the environmental impact assessment report on adjustments and changes to the contents and environmental protection measures in the approved environmental impact assessment report as prescribed.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Not stopping construction and trial operation of environmental treatment works, not reporting to the Environmental Resource Management Office where the project is implemented and the agency that has approved the environmental impact assessment report in case of environmental pollution occurring during the implementation of construction activities and trial operation of environmental treatment works;

b) Operating environmental treatment works that have been adjusted or changed compared to the approved environmental protection measures in the environmental impact assessment report without written approval from the agency that has approved the environmental impact assessment report;

c) Not conducting waste monitoring and surrounding environmental monitoring as prescribed.

3. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed for the act of not implementing or not fully implementing the contents in the environmental impact assessment report that has been approved and the requirements in the decision approving the environmental impact assessment report, except for cases stipulated in Clauses 1, 2, and Clause 5 of this Article.

4. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts:

a) Not preparing an additional environmental impact assessment report to submit to the competent state agency for approval as prescribed;

b) Putting the project into use before being inspected and confirmed by the competent authority that the environmental protection contents in the environmental impact assessment report and the requirements in the decision approving the environmental impact assessment report have been fully implemented as prescribed.

5. A fine of VND 130,000,000 to VND 170,000,000 shall be imposed for the act of not constructing, constructing incorrectly, not operating, not operating regularly, or operating incorrectly according to the procedures for the environmental treatment works as specified in the environmental impact assessment report that has been approved.

6. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for the act of not having an environmental impact assessment report approved by the competent state agency as prescribed.

7. Measures to remedy consequences:

a) Order to comply with the provisions of the law for violations stipulated in Clause 1, 2, 3, and Point b of Clause 4 of this Article;

b) Order to operate correctly according to the procedures for the environmental treatment works; order to construct the environmental treatment works within the time limit set by the authorized authority in the administrative violation penalty decision for violations stipulated in Clause 5 of this Article;

c) Order to dismantle the environmental treatment works constructed incorrectly according to the contents in the approved environmental impact assessment report for violations stipulated in Clause 5 of this Article;

d) Order to prepare and submit an environmental protection plan to the competent state agency for approval within the time limit set by the authorized authority in the administrative violation penalty decision for violations stipulated in Point a of Clause 4 and Clause 6 of this Article;

đ) Order to take remedial measures to address environmental pollution caused by the violations stipulated in this Article within the time limit set by the authorized authority in the administrative violation penalty decision or the administrative violation penalty decision.

Article 9. Violations of the provisions on preparing and implementing an environmental protection plan corresponding in nature and scale to the subject required to prepare an environmental impact assessment report.

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not submitting a report to the agency that has approved the environmental protection plan regarding the completion of environmental protection measures according to the approved environmental protection plan.

2. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of not implementing or not fully implementing the contents in the approved environmental protection plan, except for cases stipulated in Clause 3 of this Article.

3. A fine of VND 120,000,000 to VND 170,000,000 shall be imposed for the act of not constructing, constructing incorrectly, not operating, not operating regularly, or operating incorrectly according to the procedures for the environmental treatment works as specified in the approved environmental protection plan.

4. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for the act of not preparing an environmental protection plan to submit to the competent state agency for approval as prescribed.

5. Measures to remedy consequences:

a) Order to comply with the provisions of the law for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order to operate correctly according to the procedures for the environmental treatment works at the time of discovery of the violation; order to construct the environmental treatment works within the time limit set by the authorized authority in the administrative violation penalty decision for violations stipulated in Clause 3 of this Article;

c) Order to dismantle the environmental treatment works constructed incorrectly according to the contents in the approved environmental protection plan for violations stipulated in Clause 3 of this Article;

d) Order to prepare and submit an environmental protection plan to the competent state agency for approval within the time limit set by the authorized authority in the administrative violation penalty decision for violations stipulated in Clause 4 of this Article;

đ) Order to take remedial measures to address environmental pollution caused by the violations stipulated in this Article within the time limit set by the authorized authority in the administrative violation decision.

Article 10. Violations of the provisions on discharging wastewater

1. For the act of discharging wastewater exceeding technical standards and norms for waste below two times, penalties shall be imposed as follows:

a) Warning or a fine of VND 100,000 to VND 500,000 in cases where the volume of wastewater discharged is less than 10 m3/day (24 hours);

b) A fine of VND 500,000 to VND 2,000,000 in cases where the volume of wastewater discharged is from 10 m3/day (24 hours) to less than 50 m3/day (24 hours);

c) A fine of VND 2,000,000 to VND 10,000,000 in cases where the volume of wastewater discharged is from 50 m3/day (24 hours) to less than 500 m3/day (24 hours);

d) A fine of VND 10,000,000 to VND 20,000,000 in cases where the volume of wastewater discharged is from 500 m3/day to less than 2,000 m3/day (24 hours);

đ) A fine of VND 20,000,000 to VND 50,000,000 in cases where the volume of wastewater discharged is from 2,000 m3/day to less than 5,000 m3/day (24 hours);

e) A fine of VND 50,000,000 to VND 100,000,000 in cases where the volume of wastewater discharged is from 5,000 m3/day to less than 10,000 m3/day (24 hours);

g) A fine of VND 100,000,000 to VND 150,000,000 in cases where the volume of wastewater discharged is 10,000 m3/day (24 hours) or more.

2. For the act of discharging wastewater exceeding technical standards and norms for waste from two times to less than five times, penalties shall be imposed as follows:

a) A fine of VND 500,000 to VND 2,000,000 in cases where the volume of wastewater discharged is less than 10 m3/day (24 hours);

b) A fine of VND 2,000,000 to VND 8,000,000 in cases where the volume of wastewater discharged is from 10 m3/day (24 hours) to less than 50 m3/day (24 hours);

c) A fine of VND 8,000,000 to VND 20,000,000 in cases where the volume of wastewater discharged is from 50 m3/day (24 hours) to less than 500 m3/day (24 hours);

d) A fine of VND 20,000,000 to VND 50,000,000 in cases where the volume of wastewater discharged is from 500 m3/day to less than 2,000 m3/day (24 hours);

d) A fine of from VND 50,000,000 to VND 100,000,000 in cases where the volume of wastewater discharged is from 2,000 m3/day to less than 5,000 m3/day (24 hours);

e) A fine of from VND 100,000,000 to VND 150,000,000 in cases where the volume of wastewater discharged is from 5,000 m3/day to less than 10,000 m3/day (24 hours);

g) A fine of from VND 150,000,000 to VND 200,000,000 in cases where the volume of wastewater discharged is from 10,000 m3/day (24 hours) or more;

3. In cases where the discharge of wastewater exceeds technical standards and regulations on waste by five times up to less than ten times, penalties shall be imposed as follows:

a) A fine of from VND 2,000,000 to VND 8,000,000 in cases where the volume of wastewater discharged is less than 10 m3/day (24 hours);

b) A fine of from VND 8,000,000 to VND 20,000,000 in cases where the volume of wastewater discharged is from 10 m3/day (24 hours) to less than 50 m3/day (24 hours);

c) A fine of from VND 20,000,000 to VND 50,000,000 in cases where the volume of wastewater discharged is from 50 m3/day (24 hours) to less than 500 m3/day (24 hours);

d) A fine of from VND 50,000,000 to VND 100,000,000 in cases where the volume of wastewater discharged is from 500 m3/day to less than 2,000 m3/day (24 hours);

đ) A fine of from VND 100,000,000 to VND 150,000,000 in cases where the volume of wastewater discharged is from 2,000 m3/day to less than 5,000 m3/day (24 hours);

e) A fine of from VND 150,000,000 to VND 200,000,000 in cases where the volume of wastewater discharged is from 5,000 m3/day to less than 10,000 m3/day (24 hours);

g) A fine of from VND 200,000,000 to VND 250,000,000 in cases where the volume of wastewater discharged is from 10,000 m3/day (24 hours) or more;

4. In cases where the discharge of wastewater exceeds technical standards and regulations on waste by ten times or more, penalties shall be imposed as follows:

a) A fine of from VND 8,000,000 to VND 20,000,000 in cases where the volume of wastewater discharged is less than 10 m3/day (24 hours);

b) A fine of from VND 20,000,000 to VND 50,000,000 in cases where the volume of wastewater discharged is from 10 m3/day (24 hours) to less than 50 m3/day (24 hours);

c) A fine of from VND 50,000,000 to VND 100,000,000 in cases where the volume of wastewater discharged is from 50 m3/day (24 hours) to less than 500 m3/day (24 hours);

d) A fine of from VND 100,000,000 to VND 150,000,000 in cases where the volume of wastewater discharged is from 500 m3/day to less than 2,000 m3/day (24 hours);

đ) A fine of from VND 150,000,000 to VND 200,000,000 in cases where the volume of wastewater discharged is from 2,000 m3/day to less than 5,000 m3/day (24 hours);

e) A fine of from VND 200,000,000 to VND 250,000,000 in cases where the volume of wastewater discharged is from 5,000 m3/day to less than 10,000 m3/day (24 hours);

g) A fine of from VND 250,000,000 to VND 300,000,000 in cases where the volume of wastewater discharged is from 10,000 m3/day (24 hours) or more;

5. In cases where the discharge of wastewater containing hazardous substances exceeds technical standards and regulations on waste, penalties shall be imposed as follows:

a) An additional fine of from 20% to 30% of the amount of the fine for violations stipulated in points a, b, c, and d of Clause 1; point a, b, and point c of Clause 2; point a, b of Clause 3; point a of Clause 4 of this Article, if the wastewater contains hazardous substances;

b) An additional fine of from 30% to 40% of the amount of the fine for violations stipulated in points đ and point e of Clause 1; point d, đ of Clause 2; point c and point d of Clause 3; point b and point c of Clause 4 of this Article, if the wastewater contains hazardous substances;

c) An additional fine of from 40% to 50% of the amount of the fine for violations stipulated in point g of Clause 1; point e and point g of Clause 2; point đ, e and point g of Clause 3; point d, đ, e and point g of Clause 4 of this Article, if the wastewater contains hazardous substances;

6. A fine of from VND 400,000,000 to VND 500,000,000 for discharging wastewater containing radioactive substances that cause environmental radiation exceeding permitted technical standards and regulations;

7. Additional forms of administrative sanction:

Revocation of the right to use permits and certificates until the completion of measures to protect the environment in cases of violations stipulated in point g of Clause 3, point e and point g of Clause 4, 5, and Clause 6 of this Article;

8. Measures to remedy consequences:

The violator must implement measures to mitigate environmental pollution caused by the violations stipulated in this Article within the time limit set by the authority issuing the administrative penalty decision.

Article 11. Violations concerning gas emissions and dust

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed for discharging odorous or unpleasant gases into the environment.

2. For discharging gas and dust exceeding technical standards and norms for waste under 1.5 times, penalties shall be imposed as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 where the exhaust gas flow rate is less than 500m³/hour;

b) A fine of VND 2,000,000 to VND 8,000,000 where the exhaust gas flow rate is from 500m³/hour to less than 2,000m³/hour;

c) A fine of VND 8,000,000 to VND 20,000,000 where the exhaust gas flow rate is from 2,000m³/hour to less than 8,000m³/hour;

d) A fine of VND 20,000,000 to VND 40,000,000 where the exhaust gas flow rate is from 8,000m³/hour to less than 20,000m³/hour;

đ) A fine of VND 40,000,000 to VND 60,000,000 where the exhaust gas flow rate is from 20,000m³/hour to less than 60,000m³/hour;

e) A fine of VND 60,000,000 to VND 80,000,000 where the exhaust gas flow rate is from 60,000m³/hour to less than 100,000m³/hour;

g) A fine of VND 80,000,000 to VND 120,000,000 where the exhaust gas flow rate is 100,000m³/hour or more.

3. For discharging gas and dust exceeding technical standards and norms for waste from 1.5 times to less than 2 times, penalties shall be imposed as follows:

a) A fine of VND 2,000,000 to VND 5,000,000 where the exhaust gas flow rate is less than 500m³/hour;

b) A fine of VND 5,000,000 to VND 10,000,000 where the exhaust gas flow rate is from 500m³/hour to less than 2,000m³/hour;

c) A fine of VND 10,000,000 to VND 20,000,000 where the exhaust gas flow rate is from 2,000m³/hour to less than 8,000m³/hour;

d) A fine of VND 20,000,000 to VND 40,000,000 where the exhaust gas flow rate is from 8,000m³/hour to less than 20,000m³/hour;

đ) A fine of VND 40,000,000 to VND 70,000,000 where the exhaust gas flow rate is from 20,000m³/hour to less than 60,000m³/hour;

e) A fine of VND 70,000,000 to VND 110,000,000 where the exhaust gas flow rate is from 60,000m³/hour to less than 100,000m³/hour;

g) A fine of VND 110,000,000 to VND 150,000,000 where the exhaust gas flow rate is 100,000m³/hour or more.

4. For discharging gas and dust exceeding technical standards and norms for waste from 2 times to less than 3 times, penalties shall be imposed as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 where the exhaust gas flow rate is less than 500m³/hour;

b) A fine of VND 10,000,000 to VND 20,000,000 where the exhaust gas flow rate is from 500m³/hour to less than 2,000m³/hour;

c) A fine of VND 20,000,000 to VND 40,000,000 where the exhaust gas flow rate is from 2,000m³/hour to less than 8,000m³/hour;

d) A fine of VND 40,000,000 to VND 70,000,000 where the exhaust gas flow rate is from 8,000m³/hour to less than 20,000m³/hour;

đ) A fine of VND 70,000,000 to VND 110,000,000 where the exhaust gas flow rate is from 20,000m³/hour to less than 60,000m³/hour;

e) A fine of VND 110,000,000 to VND 150,000,000 where the exhaust gas flow rate is from 60,000m³/hour to less than 100,000m³/hour;

g) A fine of VND 150,000,000 to VND 200,000,000 where the exhaust gas flow rate is 100,000m³/hour or more.

5. For discharging gas and dust exceeding technical standards and norms for waste from 3 times to less than 5 times, penalties shall be imposed as follows:

a) A fine of VND 20,000,000 to VND 30,000,000 where the exhaust gas flow rate is less than 500m³/hour;

b) A fine of VND 30,000,000 to VND 40,000,000 where the exhaust gas flow rate is from 500m³/hour to less than 2,000m³/hour;

c) A fine of VND 40,000,000 to VND 70,000,000 where the exhaust gas flow rate is from 2,000m³/hour to less than 8,000m³/hour;

d) A fine of VND 70,000,000 to VND 110,000,000 where the exhaust gas flow rate is from 8,000m³/hour to less than 20,000m³/hour;

đ) A fine of VND 110,000,000 to VND 150,000,000 where the exhaust gas flow rate is from 20,000m³/hour to less than 60,000m³/hour;

e) A fine of VND 150,000,000 to VND 200,000,000 where the exhaust gas flow rate is from 60,000m³/hour to less than 100,000m³/hour;

g) A fine of VND 200,000,000 to VND 250,000,000 where the exhaust gas flow rate is 100,000m³/hour or more.

6. For discharging gas and dust exceeding technical standards and norms for waste five times or more, penalties shall be imposed as follows:

a) A fine of VND 20,000,000 to VND 30,000,000 where the exhaust gas flow rate is less than 500m³/hour;

b) A fine of VND 30,000,000 to VND 60,000,000 where the exhaust gas flow rate is from 500m³/hour to less than 2,000m³/hour;

c) A fine of VND 60,000,000 to VND 120,000,000 where the exhaust gas flow rate is from 2,000m³/hour to less than 8,000m³/hour;

d) A fine of VND 120,000,000 to VND 150,000,000 where the exhaust gas flow rate is from 8,000m³/hour to less than 20,000m³/hour;

đ) A fine of VND 150,000,000 to VND 200,000,000 where the exhaust gas flow rate is from 20,000m³/hour to less than 60,000m³/hour;

e) A fine of VND 200,000,000 to VND 250,000,000 where the exhaust gas flow rate is from 60,000m³/hour to less than 100,000m³/hour;

g) A fine of VND 250,000,000 to VND 300,000,000 where the exhaust gas flow rate is 100,000m³/hour or more.

7. For discharging gas and dust containing at least one harmful pollutant parameter exceeding technical standards and norms for waste, penalties shall be imposed as follows:

a) An additional fine of 30% to 40% of the monetary penalty for violations stipulated in points a, b, c, and point d Clause 2; point a and point b Clause 3; point a Clause 4 of this Article, where the discharged gas and dust contain hazardous waste;

b) An additional fine of 40% to 50% of the monetary penalty for violations stipulated in point d and point e Clause 2; point c, d, and point đ Clause 3; point b, c, and d Clause 4; point a, b, and point c Clause 5; point a and point b Clause 6 of this Article, where the discharged gas and dust contain hazardous waste;

c) An additional fine of 50% to 60% of the monetary penalty for violations stipulated in point g Clause 2; point e and point g Clause 3; point d, e, and point g Clause 4; point d, đ, e, and point g Clause 5; point c, d, đ, e, and point g Clause 6 of this Article, where the discharged gas and dust contain hazardous waste.

8. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed for discharging gas and dust containing radioactive substances causing environmental radiation contamination exceeding permitted technical standards and norms.

9. Additional forms of punishment:

Revoking the right to use the business license or professional certificate until the completion of measures to protect the environment in accordance with the violations stipulated in points g and e of Clause 5, point g of Clauses 6, 7, and Clause 8 of this Article.

10. Measures to address consequences:

The violator must implement measures to mitigate environmental pollution caused by the violations stipulated in this Article within the time limit set by the authority issuing the administrative penalty decision.

Article 12. Violations of noise regulations

1. A fine of VND 2,000,000 to VND 5,000,000 for causing noise levels exceeding the technical standards and norms for noise by less than 1.5 times during the period from 6:00 AM to 10:00 PM.

2. A fine of VND 15,000,000 to VND 20,000,000 for causing noise levels exceeding the technical standards and norms for noise by less than 1.5 times during the period from 10:00 PM the previous day to 6:00 AM the following day.

3. A fine of VND 30,000,000 to VND 50,000,000 for causing noise levels exceeding the technical standards and norms for noise by 1.5 times or more during the period from 6:00 AM to before 10:00 PM.

4. A fine of VND 70,000,000 to VND 100,000,000 for causing noise levels exceeding the technical standards and norms for noise by 1.5 times or more during the period from 10:00 PM the previous day to 6:00 AM the following day.

5. Additional forms of punishment:

Revoking the right to use the business license or professional certificate until the completion of measures to reduce noise levels to meet the technical standards and norms in accordance with the violations stipulated in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

Obliging violators to implement measures to reduce noise levels to meet the technical standards and norms within the time limit set by the authority issuing the administrative penalty decision.

Article 13. Violations of vibration regulations

1. Violations of vibration regulations in construction activities:

a) A fine of VND 15,000,000 to VND 20,000,000 for causing vibration levels exceeding the technical standards and norms for vibration during the period from 7:00 AM to 7:00 PM in areas requiring particularly quiet environments, residential areas, hotels, guesthouses, administrative offices; from 6:00 AM to 10:00 PM in mixed residential-commercial-service-production areas.

b) A fine of VND 20,000,000 to VND 30,000,000 for causing vibration levels exceeding the technical standards and norms for vibration during the period from 7:00 PM the previous day to 7:00 AM the following day in areas requiring particularly quiet environments, residential areas, hotels, guesthouses; from 10:00 PM the previous day to 6:00 AM the following day in mixed residential-commercial-service-production areas.

2. Violations of vibration regulations in production activities:

a) A fine of VND 20,000,000 to VND 30,000,000 for causing vibration levels exceeding the technical standards and norms for vibration during the period from 6:00 AM to 6:00 PM in areas requiring particularly quiet environments, residential areas, hotels, guesthouses, administrative offices, mixed residential-commercial-service-production areas.

b) A fine of VND 30,000,000 to VND 50,000,000 for causing vibration levels exceeding the technical standards and norms for vibration during the period from 6:00 PM the previous day to 6:00 AM the following day in areas requiring particularly quiet environments, residential areas, hotels, guesthouses, mixed residential-commercial-service-production areas.

3. Additional forms of punishment:

Revoking the right to use the business license or professional certificate until the completion of measures to reduce vibration levels to meet the technical standards and norms in accordance with the violations stipulated in point b of Clause 1 and point b of Clause 2 of this Article.

4. Measures to remedy consequences:

Obliging violators to implement measures to reduce vibration levels to meet the technical standards and norms within the time limit set by the authority issuing the administrative penalty decision.

Article 14. Acts causing soil, water, or air pollution

1. A fine of VND 10,000,000 to VND 15,000,000 for burying or discharging solid waste, sludge, septic tank waste, or other pollutants into the soil in violation of laws on environmental protection.

2. A fine of VND 15,000,000 to VND 25,000,000 for discharging oil, grease, toxic chemicals, waste, animal and plant carcasses, bacteria, viruses, harmful parasites, or other toxic substances into water bodies in violation of laws on environmental protection.

3. An additional fine of 20% to 30% of the original fine amount for violations stipulated in Article 10; Article 11; Clause 3, 4, and Clause 5 of Article 16; point a of Clause 3 of Article 17; point b and point d of Clause 3 of Article 19; Article 22; Clause 3, 4, 5, 6, and Clause 7 of Article 23; Clause 2 and Clause 3 of Article 31 that cause pollutant concentrations in soil, water, or air to exceed the technical standards and norms for ambient environment by less than three times for hazardous parameters or less than five times for other parameters.

4. An additional fine of 30% to 40% of the original fine amount for violations stipulated in Article 10; Article 11; Clause 3, 4, and Clause 5 of Article 16; point a of Clause 3 of Article 17; point b and point d of Clause 3 of Article 19; Article 22; Clause 3, 4, 5, 6, and Clause 7 of Article 23; Clause 2 and Clause 3 of Article 31 that cause pollutant concentrations in soil, water, or air to exceed the technical standards and norms for ambient environment by three to less than five times for hazardous parameters or five to less than ten times for other parameters.

5. An additional fine of 40% to 50% of the original fine amount for violations stipulated in Article 10; Article 11; Clause 3, 4, and Clause 5 of Article 16; point a of Clause 3 of Article 17; point b and point d of Clause 3 of Article 19; Article 22; Clause 3, 4, 5, 6, and Clause 7 of Article 23; Clause 2 and Clause 3 of Article 31 that cause pollutant concentrations in soil, water, or air to exceed the technical standards and norms for ambient environment by five times or more for hazardous parameters or ten times or more for other parameters.

6. The total fine amount for each violation stipulated in Clause 3, 4, and Clause 5 of this Article shall not exceed VND 500,000,000.

7. Additional forms of administrative sanction:

Confiscating the objects and means used to commit administrative violations stipulated in Clause 1 and Clause 2 of this Article.

8. Measures to remedy consequences:

Within the time limit set by the authorized authority in the administrative penalty decision, the violator must restore the initial state that was altered and implement measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 15. Violations of environmental protection regulations for facilities listed in the directory of serious environmental pollution sources, production, business, and service establishments shall be subject to relocation enforcement.

1\. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed on the act of failing to comply with the content and progress of environmental pollution treatment as required.

2\. A fine of VND 80,000,000 to VND 120,000,000 shall be imposed on one of the following acts:

a\. Failing to implement measures to reduce and treat waste up to environmental technical standards and norms;

b\. Failing to implement measures to mitigate and restore the environment;

c\. Failing to take measures to prevent, limit sources of environmental pollution, and restrict its spread and impact on public health and life in the region.

3. Measures to remedy consequences:

Within the time limit set by the authorized authority in the administrative penalty decision, the violator must implement measures to mitigate environmental pollution and restore the environment caused by the violations stipulated in this Article.

Article 16. Violations of regulations on transporting, landfilling, and disposing of general solid waste; transporting raw materials, materials, goods causing environmental pollution

1\. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the person operating a vehicle transporting raw materials, materials, goods, or waste without covering or allowing spillage while participating in traffic.

2\. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed on the act of not using specialized equipment and means to ensure no leakage or dispersion into the environment during the transportation of raw materials, materials, goods, or waste.

3\. For the act of improperly landfilling or disposing of solid waste in non-designated locations or in violation of environmental protection regulations, penalties shall be imposed as follows:

a\. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is less than 5 cubic meters;

b\. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 5 cubic meters to less than 20 cubic meters;

c\. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 20 cubic meters to less than 50 cubic meters;

d\. A fine of VND 25,000,000 to VND 40,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 50 cubic meters to less than 70 cubic meters;

đ\. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 70 cubic meters to less than 100 cubic meters;

e\. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 100 cubic meters to less than 200 cubic meters;

g\. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is from 200 cubic meters to less than 500 cubic meters;

h\. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for cases where the volume of solid waste landfilled or disposed of is 500 cubic meters or more.

4\. An additional fine of 40% to 50% of the monetary penalty corresponding to the level of violation stipulated in Clause 3 of this Article shall be imposed if the solid waste contains hazardous substances.

5\. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed on the act of violating the provisions stipulated in Clause 1 and Clause 3 of this Article if the waste contains radioactive substances exceeding permitted technical standards and norms.

6. Additional forms of punishment:

a\. Suspension of the right to use the Hazardous Waste Management Practice License for six to twelve months for cases violating the provisions stipulated at point h Clause 3, Clause 4, and Clause 5 of this Article;

b\. Confiscation of objects and means used to commit administrative offenses for cases stipulated at point e, g, and point h Clause 3; Clause 4, and Clause 5 of this Article.

7. Measures to remedy consequences:

a\. Compel restoration of the initial state altered due to the violation of the provisions stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 17. Violations of environmental protection regulations for hazardous waste generators

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

a\. Failure to transfer hazardous waste documentation to the competent authority as prescribed; failure to declare hazardous waste documentation as prescribed;

b\. Failure to submit a written report to the competent state management authority regarding the situation of hazardous waste generation and management as prescribed;

c\. Failure to notify in writing and return the hazardous waste generator registration book to the competent state management authority when ceasing operations;

d\. Failure to develop plans or preventive and emergency response measures for incidents caused by hazardous waste as prescribed.

2\. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed on one of the following acts:

a\. Failure to register as a hazardous waste generator or adjust the hazardous waste generator registration as prescribed;

b\. Violation of regulations on managing files for activities related to hazardous waste;

c\. Failure to register and report to the competent state authority as prescribed about temporarily storing hazardous waste beyond the required disposal or destruction period when a suitable handler has not been found.

3\. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed on one of the following cases:

a\. Failure to classify hazardous waste, mixing different types of hazardous waste together or with other waste; failure to store hazardous waste temporarily in safe locations; failure to package and store hazardous waste according to type in specialized containers meeting safety and technical requirements to ensure no leakage, spillage, or dispersion into the environment; failure to label as prescribed;

b\. Transferring, giving, or selling hazardous waste to organizations or individuals who do not have the necessary conditions for managing, transporting, treating, or destroying hazardous waste as prescribed;

c\. Exporting hazardous waste without a permit from the competent state authority.

4. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 18. Violations of regulations on transporting hazardous waste

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

a) Lack of safe operation procedures for specialized vehicles and equipment;

b) Lack of pollution control and environmental protection plans;

c) Lack of occupational safety and health plans for staff, employees, and drivers;

d) Lack of prevention and emergency response plans;

đ) Lack of annual training plans for staff, employees, and drivers on safe vehicle and equipment operation; environmental protection; occupational safety and health; prevention and emergency response;

e) Failure to submit cross-border transportation files to the competent authority as prescribed;

g) Lack of written reports on hazardous waste management activities submitted to the competent authority as prescribed;

h) Failure to comply with the declaration procedure and use of hazardous waste documentation as prescribed;

i) Failure to notify the contents of the Hazardous Waste Management Permit to the People's Committee at the district and commune levels as prescribed;

k) Lack of warning signs and preventive measures as prescribed; transport vehicles not equipped with warning devices and emergency response equipment during operation;

l) Lack of pollution treatment and environmental protection plans at the facility upon cessation of operations;

m) Failure to notify in writing and return the Hazardous Waste Management Permit to the competent authority upon cessation of operations as prescribed;

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

a) Lack of a Hazardous Waste Management Permit;

b) Violation of record-keeping regulations for activities related to hazardous waste as prescribed;

c) Transport vehicles not registered for circulation;

d) Lack of technical staff in chemistry, environmental science, or equivalent fields to manage, operate, and train on technical matters; or insufficiently trained drivers and operators to ensure safe operation of vehicles and equipment;

đ) Lack of satellite positioning system (GPS) installation on transport vehicles carrying highly hazardous waste;

e) Specialized collection, transportation, packaging, storage, and temporary holding equipment for hazardous waste not designed to meet environmental protection requirements;

g) Lack of a principle agreement on the transportation of hazardous waste with organizations or individuals holding a permit for hazardous waste treatment and disposal;

Transporting hazardous waste not in accordance with the designated routes, distances, and times set by the competent authority;

3. Imposing a fine of from 70,000,000 VND to 100,000,000 VND for transferring hazardous waste to other organizations or individuals or selling or giving hazardous waste to organizations or individuals without adequate conditions for managing, treating, and disposing of hazardous waste;

4. Additional forms of administrative punishment:

a) Revoking the right to use the Hazardous Waste Management Permit for six to twelve months for violations stipulated in Clause 1, Points b, c, d, đ, e, g, and h of Clause 2 of this Article;

b) Revoking the right to use permits and professional certificates for six to twelve months for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 19. Violations of environmental protection regulations concerning facilities for treating, disposing of, and landfilling hazardous waste

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

a) Not notifying the contents of the Hazardous Waste Management Permit to the People's Committees at the district and commune levels where the treatment, disposal, and landfill facilities are located;

b) Not submitting reports on the management of hazardous waste to competent authorities as required;

c) Not having barriers and warning signs;

d) Not complying with procedures for declaring and using hazardous waste documents as prescribed;

đ) Not notifying in writing and returning the Hazardous Waste Management Permit to the competent authority when ceasing operations;

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

a) Lack of a Hazardous Waste Management Permit;

b) Violating regulations on managing files for activities related to hazardous waste (incorrect declarations, incorrect reports, loss of hazardous waste management documents);

c) Not complying with provisions in the Hazardous Waste Management Permit, the content of contracts for treating, disposing of, and landfilling hazardous waste;

d) Not registering and not having a written approval from the competent authority for assessing hazardous waste treatment technology;

đ) Not implementing measures to ensure health and safety for workers operating in hazardous waste treatment facilities as prescribed by labor laws;

e) Not storing hazardous waste before and after treatment in specialized equipment suitable for the type of hazardous waste;

g) Putting into operation before being inspected and confirmed by the competent state management agency to meet technical requirements for receiving and landfilling hazardous waste;

3. A fine of VND 100,000,000 to VND 150,000,000 for any of the following violations:

a) Transferring, giving, or selling hazardous waste to organizations or individuals who do not have sufficient conditions for managing, transporting, treating, and disposing of hazardous waste as prescribed;

b) Treatment, disposal, and landfill facilities not being constructed to ensure technical safety, without measures to prevent harmful chemicals from seeping into underground water sources;

c) Not having equipment for preventing and responding to environmental incidents;

d) Not having measures to ensure environmental hygiene conditions to prevent the release of toxic gases into the surrounding environment;

đ) Not having safe distances from residential areas, nature reserves, surface water, and underground water;

4. Additional forms of administrative punishment:

Revoking the right to use the Hazardous Waste Management Permit for six to twelve months for violations stipulated in Clause 3 of this Article;

5. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 20. Violations of environmental protection regulations in importing machinery, equipment, transportation vehicles, raw materials, fuels, and materials

1. Imposing a fine of VND 70,000,000 to VND 100,000,000 for the act of importing machinery, equipment, transportation vehicles, raw materials, fuels, and materials that do not meet environmental technical standards and norms;

2. Imposing a fine of VND 150,000,000 to VND 200,000,000 for the act of transporting, transiting goods, equipment, and transportation vehicles that have the potential to cause environmental pollution, degradation, and incidents without permission or inspection by the competent state management agency for environmental protection;

3. Imposing a fine of VND 400,000,000 to VND 500,000,000 for any of the following violations:

a) Importing machinery, equipment, transportation vehicles contaminated with radioactive substances, disease-causing microorganisms, or other toxins that have not been cleaned or cannot be cleaned;

b) Importing raw materials, fuels, materials, chemicals, or goods listed in the State’s prohibited import list causing environmental pollution;

c) Importing used machinery, equipment, or transportation vehicles for dismantling in violation of environmental protection laws;

d) Importing ozone-depleting compounds as prescribed by international treaties to which the Socialist Republic of Vietnam is a party;

4. Additional forms of administrative punishment:

Seizing transportation means and containers used for administrative violations;

5. Measures to remedy consequences:

a) Ordering re-exportation or destruction of machinery, equipment, transportation vehicles, raw materials, fuels, and materials. Seizing products of value after destruction and handling according to the law;

b) Ordering within the time limit set by the authorized person imposing the administrative penalty decision to implement measures to restore the environmental condition caused by the violations stipulated in this Article;

Article 21. Violations of environmental protection regulations in importing scrap materials

1. Imposing a fine of VND 20,000,000 to VND 30,000,000 for failing to report the situation of importing and using imported scrap materials as prescribed;

2. Imposing a fine of VND 40,000,000 to VND 70,000,000 for importing scrap materials under any of the following circumstances:

a) Not having a Certificate confirming eligibility to import scrap materials;

b) Not meeting the prescribed capacity and warehouse conditions;

c) Not having a consignment import contract for scrap materials as prescribed by law;

d) Not notifying in writing the Department of Natural Resources and Environment where the production facility or scrap material storage warehouse is located about the type, quantity, weight of scrap materials, customs clearance port, transportation route, scrap material collection warehouse, and location for using scrap materials in production before unloading as prescribed by law;

3. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following acts:

a) Importing unsorted, uncleaned scrap materials containing disease-causing microorganisms, prohibited materials, or items as prescribed;

b) Not processing accompanying impurities in imported scrap materials to meet environmental technical standards and norms or selling or giving away those impurities;

4. Imposing a fine of VND 200,000,000 to VND 300,000,000 for importing scrap materials containing waste;

5. Imposing a fine of VND 300,000,000 to VND 400,000,000 for importing scrap materials containing harmful impurities;

6. Imposing a fine of VND 400,000,000 to VND 500,000,000 for importing or transiting scrap materials containing radioactive substances; importing scrap materials not included in the list of scrap materials permitted for import;

7. Additional forms of administrative sanction:

Revoking the right to use the Certificate confirming eligibility to import scrap materials for six to twelve months for violations stipulated in point b, c of Clause 2, Clauses 3, 4, 5, and Clause 6 of this Article.

8. Measures to remedy consequences:

a) Order re-exportation or destruction for violations stipulated in points a and b, Clause 2, Articles 3, 4, 5, and 6 of this Law. Confiscate products with value after destruction and handle according to the provisions of the law;

b) Ordering within the time limit set by the authorized person imposing the administrative penalty decision to implement measures to restore the environmental condition caused by the violations stipulated in this Article;

Article 22. Violations of environmental protection regulations in livestock farming and aquaculture activities

1. Fine from VND 10,000,000 to VND 15,000,000 for the owner of a centralized livestock farm committing any of the following acts:

a) Not having a system for collecting and treating wastewater, dust, foul odors, and unpleasant smells that meet technical standards and norms for waste;

b) Solid waste in livestock farming not being managed according to solid waste management regulations and released into the environment;

c) Dead animal carcasses due to disease not being managed according to hazardous waste management regulations.

2. Fine from VND 20,000,000 to VND 30,000,000 for a centralized aquaculture area committing any of the following acts:

a) Waste not being collected and treated to meet technical standards and norms for waste;

b) Not restoring the environment immediately after ceasing aquaculture operations;

c) Not ensuring environmental hygiene conditions, using toxic chemicals, or accumulating toxicity.

3. Fine from VND 30,000,000 to VND 50,000,000 for constructing a centralized aquaculture area on a newly forming river mouth coastal alluvial deposit; cutting mangrove forests to engage in aquaculture.

4. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b) Ordering within the time limit set by the authorized person imposing the administrative penalty decision to implement measures to restore the environmental condition caused by the violations stipulated in this Article;

Article 23. Violations of marine environmental protection regulations

1. Fine from VND 2,000,000 to VND 5,000,000 for the owner of a transport vessel or cargo storage facility at sea that poses a risk of causing an environmental incident but does not report it to national rescue forces, coast guard, relevant organizations, or individuals as prescribed.

2. Fine from VND 15,000,000 to VND 20,000,000 for organizations or individuals engaged in mineral extraction, owners of vessels transporting oil, chemicals, radioactive materials, and other harmful substances at sea without plans, personnel, and equipment to ensure prevention and response to environmental incidents.

3. Fine from VND 20,000,000 to VND 40,000,000 for any of the following acts:

a) Conducting marine resource exploitation activities and related activities that do not comply with approved natural resource utilization plans;

b) Using destructive methods, means, and tools in marine resource exploitation;

c) Engaging in activities within nature reserves, mangrove forests, and natural marine heritage sites without adhering to the management board's regulations, environmental protection laws, and other relevant legal provisions;

d) Not treating waste and other pollution sources from production, business, service, construction, transportation, and marine resource exploitation activities to meet technical standards and norms for the environment;

đ) Discharging waste from dredging and channel maintenance activities into the sea without approval from the competent state environmental protection authority as prescribed.

4. Fine from VND 70,000,000 to VND 120,000,000 for discharging untreated waste from transport vessels and offshore drilling platforms into the sea without meeting technical standards and norms for waste; discharging solid waste from land into the sea without approval from the competent state environmental protection authority as prescribed.

5. Fine from VND 120,000,000 to VND 200,000,000 for failing to collect, store, and treat hazardous waste, including oil, lubricants, drilling fluids, chemicals, and other toxins used in marine resource exploration and extraction activities according to regulations.

6. Fine from VND 200,000,000 to VND 300,000,000 for discharging various types of waste into marine areas within nature reserves, natural heritage sites, newly formed ecosystems, or regular or seasonal breeding grounds of aquatic species.

7. Fine from VND 400,000,000 to VND 500,000,000 for discharging hazardous waste containing radioactive material into the territorial waters of the Socialist Republic of Vietnam.

8. Additional forms of punishment:

Confiscate objects and means used to commit administrative violations for violations stipulated in Clauses 2, 3, 6, and 7 of this Article.

9. Remedial measures:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 24. Violations of regulations on protecting the environment in public places, urban areas, and residential zones

1. A fine of from VND 200,000 to VND 500,000 shall be imposed on organizations, individuals, and community groups managing parks, amusement areas, entertainment zones, tourist sites, markets, train stations, bus terminals, ports, ferry terminals, and other public areas that commit any of the following acts:

a) Not posting rules for maintaining cleanliness in public places;

b) Not having sufficient public sanitation facilities, waste collection equipment, and devices meeting the requirements for environmental hygiene as prescribed;

c) Not having sufficient personnel for waste collection and environmental sanitation within their management area as prescribed.

2. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on production facilities and warehouses that fail to comply with the prescribed safe distance requirements from residential areas:

a) Containing flammable and explosive substances;

b) Contain radioactive materials or strong radiation;

c) Containing substances harmful to human health and livestock;

d) Emitting odors detrimental to human health.

3. A fine of from VND 200,000,000 to VND 300,000,000 shall be imposed on developers constructing new concentrated residential areas or apartment complexes who hand over projects for use without fully complying with the environmental protection requirements stipulated in Article 51 of the Environmental Protection Law.

4. Additional penalties:

Suspension of the right to use licenses and certificates of practice for six to twelve months shall be imposed on violators of the provisions of Clause 2 of this Article.

5. Measures to remedy consequences:

a) Compel compliance with the law's provisions for violations under Clause 1 of this Article;

b) Compel compliance with the prescribed safe distance requirements from residential areas under Clause 2 of this Article;

c) Within the time limit set by the authority issuing the administrative penalty decision, compel the implementation of measures to mitigate environmental pollution caused by violations of this Article.

Article 25. Violations of environmental protection regulations in funeral activities

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on the act of embalming, transporting, or burying corpses or remains without ensuring the required environmental hygiene standards.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) The location and distance for burial or funeral arrangements do not meet environmental hygiene and aesthetic conditions of residential areas;

b) Burial or funeral arrangements causing pollution of water sources for daily use and production;

c) Burial or funeral arrangements not in accordance with approved plans.

3. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 26. Violations of regulations on environmental protection in tourism activities and natural conservation

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on the act of adversely affecting the environment at tourist sites and ecotourism areas within nature reserves.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of adversely affecting the environment at nature reserves and natural heritage sites.

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

a) Violating the safe distance requirements for nature reserves;

b) Illegally intruding into nature reserves, national parks, and natural heritage sites.

4. A fine of from VND 100,000,000 to VND 150,000,000 shall be imposed on the act of exploiting nature reserves, national parks, and natural heritage sites without complying with environmental protection regulations.

5. A fine of from VND 300,000,000 to VND 400,000,000 shall be imposed on the act of exploiting nature reserves, national parks, and natural heritage sites without complying with environmental protection regulations, leading to biodiversity degradation and environmental deterioration.

6. Additional forms of punishment:

Confiscation of objects and means used to commit administrative offenses in cases of violation of the provisions of point b, Clause 3, Clause 4, and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compel compliance with the legal provisions regarding violations stipulated in this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 27. Violations of regulations on activities and living in areas designated by competent state authorities as prohibited zones due to extremely dangerous environmental conditions for human health and life

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of residing illegally in areas designated by competent state authorities as prohibited zones due to extremely dangerous environmental conditions for human health and life.

2. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on organizations and individuals engaging in illegal activities in areas designated by competent state authorities as prohibited zones due to extremely dangerous environmental conditions for human health and life.

3. Measures to remedy consequences:

Within the time limit set by the authority issuing the administrative penalty decision, compel the cessation of illegal activities and relocation out of the prohibited zone.

Article 28. Violations of regulations on the management of invasive alien species, genetically modified organisms, and their products

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on the act of researching, testing, producing, trading, using, importing, exporting, storing, and transporting invasive alien species, genetically modified organisms, and their products without fully meeting the prescribed biosafety conditions.

2. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed on violations under Clause 1 of this Article that result in serious consequences.

3. Additional penalties:

Confiscation of means and tools used to commit administrative offenses.

4. Measures to remedy consequences:

a) Compel the destruction or re-exportation of invasive alien species, genetically modified organisms, and their products that do not fully meet the prescribed biosafety conditions out of the territory of Vietnam.

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 29. Violations concerning the production, transportation, business operation, importation, storage, and unauthorized use of flammable and explosive substances

1. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts: producing, transporting, operating businesses with, storing, or using flammable and explosive substances; using explosives taken from bombs, mines, grenades, and other weapons not in accordance with regulations.

2. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of producing, transporting, operating businesses with, importing fireworks.

3. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for violations stipulated in Clause 1 and Clause 2 of this Article that cause environmental pollution.

4. A fine of VND 150,000,000 to VND 250,000,000 shall be imposed for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article that cause environmental incidents.

5. Additional forms of punishment:

Confiscation of objects and means used to commit administrative violations;

6. Measures to remedy consequences:

a) Order the destruction of fireworks in cases of violation of Clause 2, Clause 3, and Clause 4 of this Article;

b) Order the violator to take measures to restore the environment within the time limit set forth in the administrative penalty decision issued by the competent authority to eliminate environmental pollution caused by the violations stipulated in this Article.

Article 30. Violations concerning the recovery and disposal of expired products or waste

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failing to recover and dispose of expired products or waste in accordance with regulations.

2. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for violations stipulated in Clause 1 of this Article that cause environmental pollution.

3. Measures to remedy consequences:

a) Order the recovery and disposal of expired products or waste in accordance with regulations;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 31. Violations concerning environmental restoration upon completion of natural resource exploration and exploitation activities

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

a) Failure to prepare a map of the mining and processing area of radioactive ores in accordance with regulations after the cessation of operations;

b) Failure to report the results of environmental restoration upon completion of natural resource exploration and exploitation activities to the competent authority in accordance with regulations.

2. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for failure to restore the environment upon completion of natural resource exploration and exploitation activities in accordance with regulations, except for cases stipulated in Clause 3 of this Article.

3. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for failure to restore the environment after each phase or at the end of all exploration and exploitation activities of radioactive ores.

4. Measures to remedy consequences:

Order the restoration of the environment in accordance with regulations in cases of violation of Clause 2 and Clause 3 of this Article.

Article 32. Violations concerning the prevention and control of oil spills during oil and gas activities, maritime activities, and other oil leaks and spills

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts:

a) Failure to equip oil leak prevention, explosion prevention, and oil spill prevention equipment in accordance with regulations;

b) Failure to have plans for preventing oil leaks, explosions, and oil spills in accordance with regulations;

c) Failure to establish an emergency response plan for oil spills approved by the competent authority in accordance with regulations.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for causing an oil leak, explosion, or spill with less than two tons of oil.

3. A fine of VND 40,000,000 to VND 80,000,000 shall be imposed for causing an oil leak, explosion, or spill with between two and less than fifty tons of oil.

4. A fine of VND 80,000,000 to VND 150,000,000 shall be imposed for causing an oil leak, explosion, or spill with between fifty and less than one hundred tons of oil.

5. A fine of VND 150,000,000 to VND 250,000,000 shall be imposed for causing an oil leak, explosion, or spill with between one hundred and less than two thousand tons of oil.

6. A fine of VND 250,000,000 to VND 400,000,000 shall be imposed for causing an oil leak, explosion, or spill with more than two thousand tons of oil.

7. Measures to remedy consequences:

a) Compel compliance with the law's provisions for violations under Clause 1 of this Article;

b\. Within the time limit set by the authorized authority in the administrative penalty decision, compel implementation of measures to mitigate environmental pollution caused by the violations stipulated in this Article.

Article 33. Violations concerning emergency response and remediation of environmental incidents

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for failing to promptly notify the state management agency for environmental protection and the nearest competent authorities when discovering an environmental incident.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failing to comply with or complying improperly with orders to mobilize personnel, materials, and equipment to remediate an environmental incident.

3. A fine of VND 50,000,000 to VND 50,000,000 shall be imposed for failing to implement measures within their responsibility to promptly remediate an environmental incident.

4. A fine of VND 150,000,000 to VND 250,000,000 shall be imposed for actions causing an environmental incident.

5. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed for violations stipulated in Clause 4 of this Article without taking remedial measures for the environmental incident.

6. Measures to remedy consequences:

Order the violator to take remedial measures to address environmental pollution and environmental incidents caused by violations stipulated in this Article within the time limit set forth in the administrative penalty decision issued by the competent authority.

Article 34. Violations concerning the provision of consulting services for environmental impact assessment reports and verification services for such reports

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for providing consulting services for the preparation of environmental impact assessment reports and verification services for such reports without meeting the required conditions.

2. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for providing consulting services for the preparation of environmental impact assessment reports in violation of Clause 1 of this Article resulting in serious consequences.

3. Measures to remedy consequences:

Order the violator to remedy the consequences caused by the violations stipulated in this Article.

Article 35. Violations concerning the payment of environmental protection fees, environmental restoration and recovery guarantees, and environmental liability insurance

1. Administrative penalties shall be imposed for violations of regulations on the payment of environmental protection fees as follows:

a) A daily fine of 0.05% of the amount of unpaid fees shall be imposed for late payment of fees;

b) A fine of 10% of the amount of underpaid fees shall be imposed for incorrect declaration leading to underpayment of fees;

c) A fine of one to three times the amount of the fee shall be imposed for evading payment of fees.

2. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of not depositing a guarantee for environmental remediation and recovery in natural resource exploitation activities as prescribed.

3. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed on organizations and individuals who fail to purchase environmental damage liability insurance as prescribed.

4. Measures to remedy consequences:

Order to comply with legal provisions regarding fees, guarantees for environmental remediation and recovery, and environmental damage liability insurance for violations stipulated in this Article.

Article 36. Violations of regulations on income, management, exploitation, and use of environmental data and information

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for the act of illegally obstructing the monitoring, collection, exchange, exploitation, and use of environmental data and information.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Providing environmental data and information outside of functional and authorized scope;

b) Failing to publish, provide, or disclose environmental information and data as prescribed.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of illegally accessing the system storing environmental data and information.

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

a) Failing to compile and store data on environmental impacts, sources of emissions, and waste from production, business, service operations or concentrated production, business, and service areas as prescribed;

b) Failing to submit complete investigation, survey, monitoring data, and related documents to the environmental data and information storage agency as prescribed.

5. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of distorting or erasing environmental data and information.

6. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of providing inaccurate calculation data and investigation, survey results to the environmental data and information storage agency.

7. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for the act of distorting information causing serious consequences.

8. Measures to remedy consequences:

Order to comply with legal provisions for cases of violation stipulated in Clause 2, Clause 4, and Clause 6 of this Article.

Article 37. Violations of regulations on protection, use of facilities, equipment, and means serving environmental protection activities

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Obstructing the exploitation and use of environmental protection works;

b) Planting trees affecting the technical safety zone of environmental protection works.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of illegally moving environmental monitoring equipment and machinery.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of constructing works affecting the technical safety zone of environmental protection works.

4. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for the act of damaging environmental protection equipment and works.

5. Measures to remedy consequences:

a) Order to dismantle or relocate construction works or crops within the time limit set by the authority issuing the administrative penalty decision in cases of violation stipulated in Clause 1 and Clause 3 of this Article;

b) Order to restore the original condition that was altered due to the violation stipulated in this Article within the time limit set by the authority issuing the administrative penalty decision.

Article 38. Violation of regulations on grassroots democracy implementation in environmental protection

1. A warning or a fine of VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals managing concentrated production, business, and service areas; heads of production, business, and service establishments failing to publicly disclose environmental conditions, preventive measures, limitations on negative impacts, and remediation measures to the public and workers at their establishments as prescribed.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of failing to organize environmental dialogues upon request of state management agencies on environmental protection and relevant organizations and individuals requesting dialogue or based on complaints, reports, or lawsuits filed by related organizations and individuals as prescribed.

3. Measures to remedy consequences:

Order to comply with legal provisions for cases of violation stipulated in this Article.

Article 39. Acts obstructing state management, inspection, supervision, and administrative penalties for environmental protection

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

a) Causing difficulties for environmental status investigation, research, control, assessment, or official duties of authorized personnel;

b) Using words or actions to threaten, insult, or defame the dignity of officials performing their duties;

c) Refusing to accept inspection, supervision decisions, or compulsory enforcement decisions for administrative penalty decisions.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Failing to declare or report truthfully and on time as required by enforcement officers or authorized state management agencies;

b) Failing to provide or providing incomplete information or documents related to inspections, supervision, and administrative penalties by enforcement officers or authorized state management agencies;

c) Obstructing the work of inspection or supervision teams or individuals assigned to inspect or supervise.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of arbitrarily removing seals from objects, means, workshops, machines, or equipment used in administrative violations that are sealed or temporarily detained, or arbitrarily altering the scene of administrative violations.

4. A fine of from forty million dong to fifty million dong shall be imposed for any of the following acts:

a) Delaying or evading execution of administrative decisions, inspection, supervision decisions, or administrative violation handling decisions issued by authorized persons or agencies;

b) Assaulting officials performing their duties.

5. Measures to remedy consequences:

Order to comply with requirements of authorized state management persons or agencies.

Section 2

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Article 40. Administrative Penalty Imposition Authority of Chairpersons of People's Committees at All Levels

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 2,000,000.

c) Confiscating objects, means, or tools used in administrative violations up to VND 2,000,000 in value;

d) To compel restoration to the original state that was changed due to administrative violations;

đ) Ordering environmental restoration; ordering implementation of measures to address pollution caused by administrative violations;

e) Ordering destruction of goods or items causing environmental pollution;

g) Compel compliance with the environmental protection commitment and project within the confirmed scope and scale to be established within the prescribed time limit;

h) Compel operation according to the prescribed procedures for environmental treatment works;

i) Compel removal of plants affecting the technical safety zone of environmental protection works;

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 thirty million dong;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations in the field of environmental protection;

đ) Compel restoration to the original state altered due to administrative violations, compel dismantling of unauthorized construction works;

e) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

g) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

h) Apply measures provided for in points đ, e, h, i, l, and point m, Clause 3, Article 3 of this Decree;

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

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) Revoke the right to use environmental permits within their authority;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel restoration to the original state altered due to administrative violations;

e) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

g) Compel exportation out of Vietnam or re-exportation of waste, scrap, goods, items, and imported means that do not comply with environmental protection regulations or cause pollution upon entry into the country;

h) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

i) Apply measures provided for in points đ, e, g, h, i, k, l, and point m, Clause 3, Article 3 of this Decree;

Article 41. Police's authority to impose administrative penalties

1. Environmental police officers on duty have the right to:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

2. The head of the commune police station has the right to:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) Confiscating objects, means, or tools used in administrative violations up to VND 2,000,000 in value;

d) To compel restoration to the original state that was changed due to administrative violations;

đ) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

e) Compel destruction of goods, items causing environmental pollution;

g) Compel compliance with the environmental protection commitment and project within the confirmed scope and scale to be established within the prescribed time limit;

h) Compel operation according to the prescribed procedures for environmental treatment works;

i) Compel removal of plants affecting the technical safety zone of environmental protection works;

3. The head of the Environmental Police Department, the head of the county police station have the right to:

a) To issue warnings;

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

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

e) Compel restoration to the original state altered due to administrative violations;

g) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

h) Apply measures provided for in points đ, e, h, l, and point m, Clause 3, Article 3 of this Decree;

4. The Director of the Environmental Police Department has the right to:

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

e) Compel restoration to the original state altered due to administrative violations;

g) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

h) Apply measures provided for in points đ, e, g, h, i, k, l, and point m, Clause 3, Article 3 of this Decree;

Article 42. Competence to impose administrative penalties of specialized inspectors

1. Specialized environmental inspectors of the Department of Natural Resources and Environment, Ministry of Natural Resources and Environment on duty have the right to:

a) To issue warnings;

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

c) Confiscating objects, means, or tools used in administrative violations up to VND 2,000,000 in value;

d) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

đ) Compel restoration to the original state altered due to administrative violations;

e) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

g) Compel compliance with the environmental protection commitment and project within the confirmed scope and scale to be established within the prescribed time limit;

h) Compel operation according to the prescribed procedures for environmental treatment works;

i) Compel removal of plants affecting the technical safety zone of environmental protection works;

2. The Chief Inspector of the Department of Natural Resources and Environment has the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

e) Compel restoration to the original state altered due to administrative violations;

g) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

h) Apply measures provided for in points đ, e, g, h, i, k, and point l, Clause 3, Article 3 of this Decree;

3. The Chief Inspector of the General Environment Administration has the right to:

a) To issue warnings;

b) Impose fines up to 300,000,000 VND;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

e) Compel restoration to the original state altered due to administrative violations;

g) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

h) Apply measures provided for in points đ, e, g, h, i, k, and point l, Clause 3, Article 3 of this Decree;

4. The Chief Inspector of the Ministry of Natural Resources and Environment has the right to:

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects, means, and tools used in administrative violations;

đ) Compel destruction of explosive materials, goods, items, organisms causing environmental pollution;

e) Compel restoration to the original state altered due to administrative violations;

g) Compel environmental recovery; compel implementation of measures to address pollution and disease spread caused by administrative violations;

h) Apply measures provided for in points đ, e, g, h, i, k, and point l, Clause 3, Article 3 of this Decree;

Article 43. Administrative Sanctioning Authority for Environmental Protection Violations of State Management Agencies and Specialized State Inspection Organizations

In addition to those individuals with sanctioning authority as stipulated in Articles 40, 41, and 42 of this Decree, individuals with sanctioning authority under the Administrative Violation Handling Ordinance, upon discovering administrative violations specified in this Decree within their jurisdictional areas, have the right to impose sanctions but must comply strictly with the legal provisions on administrative violation handling.

Article 44. 2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

1. The procedures for imposing administrative sanctions in the field of environmental protection shall be applied according to the provisions set forth in Chapter VI of the Administrative Violation Handling Ordinance and Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2002.

2. Individuals with administrative sanctioning authority as stipulated in Article 40; Clause 2, 3 and Clause 4 of Article 41; Clause 2, 3 and Clause 4 of Article 42 of this Decree may delegate their sanctioning authority to deputy officials. Such delegation must be in writing. The delegated deputy officials are responsible for their administrative sanction decisions before the superior authority and the law.

For other cases, the implementation of delegation shall be carried out according to the provisions of Article 41 of the Administrative Violation Handling Ordinance.

Article 45. Revocation of Permit Usage Rights

1. When deciding to revoke the usage rights of an environmental permit, the authorized individual must prepare a record, clearly stating the reasons for revoking the permit usage rights according to the contents prescribed in Article 59 of the Administrative Violation Handling Ordinance, while simultaneously requiring cessation of operations.

The revocation of permit usage rights can only be implemented when there is a written decision from the authorized individual as stipulated in Clause 2 and Clause 3 of Article 40; Clause 3 and Clause 4 of Article 41; Clause 2, 3 and 4 of Article 42 and Article 43 of this Decree. The decision must be sent to the individual or organization being penalized and simultaneously notified to the issuing authority.

The authorized individual as stipulated in Articles 40, 41, 42, and 43 of this Decree has the right to request the environmental permit issuing agency to revoke the permit.

2. Upon expiration of the period specified in the administrative penalty decision, the authorized individual imposing the penalty must return the permit to the organization or individual entitled to use it.

Article 46. Provisions for Applying Remedial Measures

1. Individuals with administrative sanctioning authority as stipulated in Articles 40, 41, 42, and 43 of this Decree, when deciding to apply remedial measures, must base their decision on legal provisions, the actual damage caused by the administrative violation, and bear responsibility before the law for their decision.

2. Individuals or organizations subject to remedial measures must execute these penalties within ten days of receiving the penalty decision, except where the law provides otherwise. Failure to execute will result in compulsory enforcement within the specified time frame. The costs of organizing such enforcement shall be borne by the individual or organization subject to enforcement.

3. In cases where items or means of transportation involved in environmental protection administrative violations need to be confiscated or destroyed, when implementing these actions, a record must be prepared with signatures from the decision-maker, the person being penalized, witnesses, and the items or means of transportation must be handled according to the provisions of Articles 60 and 61 of the Administrative Violation Handling Ordinance.

Article 47. Collection, Submission, Management, and Use of Administrative Fine Money.

1. Organizations and individuals violating administrative regulations in the field of environmental protection who are fined must submit the fine at the location specified in the decision imposing the penalty and receive a receipt for the fine payment.

2. The procedures for collecting, submitting fines, managing, and using money from administrative penalties shall be carried out in accordance with the provisions of the law.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to provide detailed guidance on the collection, submission, management, and use of money from administrative penalties in the field of environmental protection to fund inspection, supervision, audit, handling of administrative violations, publicizing information about pollution situations and violations of environmental protection laws, and supplementing the operating capital for the Vietnam Environmental Protection Fund and local environmental protection funds.

Chapter III

TEMPORARILY SUSPENDING OPERATIONS, FORCING TO MOVE, PROHIBITTING OPERATIONS, AND PUBLICIZING INFORMATION ON POLLUTION AND VIOLATIONS BY PRODUCTION, BUSINESS, AND SERVICE ESTABLISHMENTS CAUSING ENVIRONMENTAL POLLUTION, SEVERE ENVIRONMENTAL POLLUTION

Article 48. Production, business, and service establishments subject to temporary suspension of operations, forced relocation, prohibition of operations, and publicizing information

1. Production, business, and service establishments subject to temporary suspension of operations:

a) Establishments that are listed in the List of establishments causing environmental pollution, severe environmental pollution issued by competent authorities but have not implemented environmental remediation measures within the time limit prescribed by state agencies;

b) Establishments that are categorized as causing environmental pollution, severe environmental pollution according to criteria set by the Ministry of Natural Resources and Environment and have been administratively penalized under point g, clause 2, point e and point g, clause 3, point d, e and point g, clause 4, point b, c and point d, clause 5 and clause 6, Article 10; point g, clause 3, point e and point g, clause 4, point d, e and point g, clause 5, point d, d, e and point g, clause 6, point b and point c, clause 7 and clause 8, Article 11; clause 4 and clause 5, Article 14; point h, clause 3, clause 4 and clause 5, Article 16; clause 4, Article 29; clause 4 and clause 5, Article 33 of this Decree;

c) Establishments that are categorized as causing environmental pollution, severe environmental pollution according to criteria set by the Ministry of Natural Resources and Environment and continuously violate environmental protection laws, causing severe environmental pollution and seriously affecting human health;

d) Establishments that fail to comply with decisions on forced relocation made by competent authorities.

2. Production, business, and service establishments subject to forced relocation:

a) Warehouses and production establishments penalized under clause 2, Article 24 and point a, clause 3, Article 26 of this Decree;

b) Establishments listed in the Catalogue of establishments causing severe environmental pollution required to relocate pursuant to decisions of competent authorities.

3. Production, business, and service establishments prohibited from operating:

a) Establishments that have been temporarily suspended from operations and, within three years from the date they were confirmed to have completed environmental protection measures as stipulated in clause 4, Article 49 of this Decree, continue to fall under the circumstances prescribed in clause 1, Article 48 of this Decree;

b) Establishments listed in the Catalogue of establishments causing severe environmental pollution prohibited from operating pursuant to decisions of competent authorities.

4. Information on pollution and violations by production, business, and service establishments shall be publicly disclosed on the websites of the Department of Natural Resources and Environment, Provincial People's Committees, the Ministry of Natural Resources and Environment, in three consecutive issues of the Natural Resources and Environment Newspaper, and announced through other mass media for violations prescribed in point g, clause 2; point e and point g, clause 3, point d, e and point g, clause 4; clause 5 and clause 6, Article 10; point g, clause 4, point e and point g, clause 5, point d, e and point g, clause 6, clause 7 and clause 8, Article 11; clause 4, Article 12; point b, clause 2, Article 13; Article 15; point d, e, g and point h, clause 3; clause 4 and clause 5, Article 16; clause 3, Article 17; clause 3, Article 18; clause 3, Article 19; Article 20; clause 3, 4, 5 and clause 6, Article 21; clause 3, Article 22; clause 3, 4, 5, 6 and clause 7, Article 23; clause 3, Article 24; clause 2, 3, 4 and clause 5, Article 26; clause 2, Article 28; clause 4, Article 29; clause 2 and clause 3, Article 31; clause 3, 4, 5 and clause 6, Article 32; clause 4 and clause 5, Article 33; clause 2, Article 34.

Article 49. Authority and Procedures for Applying Temporary Suspension of Operations

1. Authority to Apply Temporary Suspension of Operations:

a) The Chairman of the Provincial People's Committee decides to apply temporary suspension of operations until the establishment has completed environmental protection measures;

b) The Department of Natural Resources and Environment shall take the lead and coordinate with the provincial-level Public Security Organs, the District People's Committee where the establishment is located, and relevant agencies to supervise the implementation of the decision to apply temporary suspension of operations and confirm that the establishment has completed environmental protection measures.

2. Procedures for Applying Temporary Suspension of Operations:

a) Within fifteen working days from the date of discovering establishments causing pollution as prescribed in point a and point c, clause 1, Article 48 of this Decree, the Department of Natural Resources and Environment shall lead and coordinate with relevant agencies to complete the dossier and submit it to the Chairman of the Provincial People's Committee for consideration and issuance of a decision to apply temporary suspension of operations.

b) In cases provided for in points b and d, Clause 1, Article 48 of this Decree, after issuing the administrative violation penalty decision, the Chairman of the Provincial People's Committee shall direct the Department of Natural Resources and Environment to take the lead, coordinate with relevant agencies to complete the file, and submit it to the Chairman of the Provincial People's Committee to issue a decision to apply the temporary suspension of operations measure for a period of 15 (fifteen) working days.

In cases where production, business, and service establishments commit administrative violations that are penalized, and the authority to impose penalties is the Inspector General of the Ministry of Natural Resources and Environment, the Inspector General of the Environmental Administration under the Ministry of Natural Resources and Environment, the Director of the Environmental Police Corps, or other authorities with the power to impose penalties, if such establishments are subject to the application of the temporary suspension of operations measure, within 05 (five) working days from the date of issuance of the penalty decision, they must send a recommendation letter along with the penalty decision and a set of case files to the Chairman of the People's Committee of the province where the establishment is located to issue a decision to apply the temporary suspension of operations measure.

Within 15 (fifteen) working days from the date of receipt of the file mentioned in points a and b of this clause, the Chairman of the Provincial People's Committee shall issue a decision to apply the temporary suspension of operations measure.

The decision to apply the temporary suspension of operations measure must clearly state the reasons for the temporary suspension of operations, the duration of the temporary suspension of operations to ensure the completion of environmental protection measures, the start date of the temporary suspension measure, the environmental protection measures to be implemented, the supervising agency, and the responsibility of the establishment compelled to apply the temporary suspension of operations measure.

Within 03 (three) working days from the date of issuance, the decision to apply the temporary suspension of operations measure must be sent to the production, business, and service establishments temporarily suspended from operations, the Ministry of Natural Resources and Environment, and relevant agencies.

The Department of Natural Resources and Environment shall take the lead, coordinate with the provincial police, the district-level People's Committee where the establishment is located, and relevant agencies to seal the factory premises, machinery, and equipment of the production, business, and service establishments temporarily suspended from operations on the date specified in the decision as the start of the temporary suspension of operations measure.

3. The contents of the decision to apply the temporary suspension of operations measure as stipulated in this Article must be published on the website of the Department of Natural Resources and Environment, the Provincial People's Committee, the Ministry of Natural Resources and Environment, and in three consecutive issues of the Environmental Resources Newspaper.

Production, business, and service establishments may only resume operations after being inspected and confirmed by the Department of Natural Resources and Environment to have completed the environmental protection measures listed in the temporary suspension decision.

Article 50. Authority and procedures for applying the forced relocation measure

1. Authority to apply the forced relocation measure:

a) The Prime Minister decides to apply the forced relocation measure for production, business, and service establishments under the investment approval authority of the Prime Minister.

b) The Chairman of the Provincial People's Committee decides to apply the forced relocation measure for production, business, and service establishments, except for cases under the authority of the Prime Minister to decide on forced relocation as provided for in point a of this clause.

2. Procedures for applying the forced relocation measure in cases provided for in point a, Clause 2, Article 48 of this Decree:

a) When the Chairman of the Provincial People's Committee issues an administrative violation penalty decision against production, business, and service establishments committing administrative violations as stipulated in Clause 2, Article 24 and point a, Clause 3, Article 26 of this Decree, within 20 (twenty) working days from the date of issuance of the administrative violation penalty decision, the Chairman of the Provincial People's Committee shall direct the Department of Natural Resources and Environment to take the lead, coordinate with relevant agencies to complete the file, and submit it to the Chairman of the Provincial People's Committee. Within 20 (twenty) working days from the date of receipt of the file, the Chairman of the Provincial People's Committee shall examine and decide to apply the forced relocation measure according to their authority, or send a recommendation letter along with the penalty decision and a set of case files to the Minister of Natural Resources and Environment for cases where the production, business, and service establishments are subject to forced relocation under the authority of the Prime Minister.

b) When the Inspector General of the Ministry of Natural Resources and Environment, the Inspector General of the Environmental Administration under the Ministry of Natural Resources and Environment, the Director of the Environmental Police Corps, or other authorities with the power to impose penalties issue an administrative violation penalty decision, and the production, business, and service establishments are subject to the forced relocation measure, within 05 (five) working days from the date of issuance of the administrative violation penalty decision, they must send a recommendation letter along with the penalty decision and a set of case files to the Chairman of the People's Committee of the province where the establishment is located for cases under the authority of the Chairman of the Provincial People's Committee to apply forced relocation, or send a recommendation letter along with the penalty decision and a set of case files to the Minister of Natural Resources and Environment for cases under the authority of the Prime Minister to decide on forced relocation.

Within 20 (twenty) working days from the date of receipt of the file mentioned in points a and b of this clause:

- The Chairman of the Provincial People's Committee shall examine and decide to apply the forced relocation measure for production, business, and service establishments under their authority.

- The Minister of Natural Resources and Environment shall examine and submit to the Prime Minister for a decision to apply the forced relocation measure.

Within 30 (thirty) working days from the date of receipt of the file, the Prime Minister shall examine and decide to apply the forced relocation measure.

d) The decision to apply the forced relocation measure must clearly state the reasons for forced relocation, the starting date for applying the forced relocation measure, the deadline for completing the relocation, the supervising agency, and the responsibilities of the entity subject to the forced relocation measure.

Within three working days from the date of issuance, the decision to apply the forced relocation measure must be sent to the production, business, and service facility subject to relocation, the Prime Minister, the Ministry of Natural Resources and Environment, the People's Committee of the province where the production, business, and service facility is located, and other relevant agencies.

3. In cases where the forced relocation measure prescribed in point b, Clause 2, Article 48 of this Decree is applied, within thirty working days from the date the authority with competent power issues the List of Serious Environmental Polluters, the Chairman of the People's Committee of the province shall organize the implementation of the decision to apply the forced relocation measure against the production, business, and service facilities under his/her jurisdiction.

4. The Chairman of the People's Committee of the province shall direct the Department of Natural Resources and Environment to take the lead, coordinate with the Provincial Police, the People's Committee of the district where the production, business, and service facility is located, and other relevant agencies to organize the supervision of the relocation process of the production, business, and service facility subject to relocation.

During the period of implementing the forced relocation enforcement decision, the production, business, and service facility subject to relocation will be temporarily suspended from operating according to the provisions of Article 49 of this Decree. In such cases, the Chairman of the People's Committee of the province may issue a decision including both the temporary suspension of operations and the forced relocation enforcement measures.

5. The contents of the decision to apply the forced relocation measure as stipulated in this Article must be published on the electronic information website of the Department of Natural Resources and Environment, the People's Committee of the province, the Ministry of Natural Resources and Environment, and published consecutively in three issues of the Natural Resources and Environment Newspaper.

Article 51. Competence and Procedures for Applying the Prohibition Measure

1. Competence to Apply the Prohibition Measure:

a) The Prime Minister decides to apply the prohibition measure against production, business, and service facilities under the investment approval authority of the Prime Minister;

b) The Chairman of the People's Committee of the province decides to apply the prohibition measure against production, business, and service facilities except those under the prohibition measure application authority of the Prime Minister as stipulated in point a of this clause;

2. Procedures for Applying the Prohibition Measure in Cases Prescribed in Point a, Clause 3, Article 48 of this Decree:

a) Within twenty working days from the date of discovering production, business, and service facilities falling under the cases prescribed in point a, Clause 3, Article 48 of this Decree, the Department of Natural Resources and Environment and the administrative violation penalty authority must prepare a report and submit it to the Chairman of the People's Committee of the province where the production, business, and service facility is located;

b) Within twenty working days from the date of receiving the report from the Department of Natural Resources and Environment, the Chairman of the People's Committee of the province decides to apply the prohibition measure against the production, business, and service facility according to his/her authority, or sends a recommendation letter along with a set of case files to the Minister of Natural Resources and Environment for cases under the prohibition measure application authority of the Prime Minister;

c) Within thirty working days from the date of receiving the file, the Minister of Natural Resources and Environment reviews and submits to the Prime Minister for consideration and decision on applying the prohibition measure;

d) Within thirty working days from the date of receiving the file, the Prime Minister reviews and decides on applying the prohibition measure;

đ) The decision to apply the prohibition measure must clearly state the reasons for prohibiting operations, the date when operations must cease, the deadline for implementing measures to address issues arising when the facility is prohibited from operating, the supervising agency, and the responsibilities of the entity subject to the prohibition measure;

Within three working days from the date of issuance, the decision to apply the prohibition measure must be sent to the production, business, and service facility subject to prohibition, the Prime Minister, the Ministry of Natural Resources and Environment, the People's Committee of the province where the production, business, and service facility is located, and other relevant agencies.

3. In cases where the prohibition measure prescribed in point b, Clause 3, Article 48 of this Decree is applied, within thirty working days from the effective date of the authority with competent power's decision to issue the List of Serious Environmental Polluters, the Chairman of the People's Committee of the province shall organize the implementation of the decision to apply the prohibition measure against the production, business, and service facilities under his/her jurisdiction.

4. The Chairman of the People's Committee of the province shall direct the Department of Natural Resources and Environment to take the lead, coordinate with the Provincial Police, the People's Committee of the district where the production, business, and service facility is located, and other relevant agencies to organize the supervision of the implementation of the decision to apply the prohibition measure against the production, business, and service facility.

5. The contents of the decision to apply the prohibition measure as stipulated in this Article must be published on the electronic information website of the Department of Natural Resources and Environment, the People's Committee of the province, the Ministry of Natural Resources and Environment, and published consecutively in three issues of the Natural Resources and Environment Newspaper.

6. The entity subject to prohibition must implement measures for relocation, storage, and treatment to meet technical standards and norms for flammable, explosive, radioactive, strongly radiating, toxic substances harmful to human and livestock health, and odors that adversely affect human health, and resolve issues arising when the entity is prohibited from operating according to the law.

7. Forced Execution of the Decision to Apply the Prohibition Measure:

Upon expiration of the deadline for terminating operations, if a production, business, or service facility subject to the cessation operation measure fails to cease operations, the Chairman of the Provincial People's Committee shall issue a decision on compulsory enforcement and organize its implementation.

Article 52. Measures for compulsory enforcement, the entity subject to compulsory enforcement, and the authority to decide on compulsory enforcement

1. Measures for compulsory enforcement:

a) Cease supply of electricity, water, and related services;

b) Compulsorily dismantle structures, machinery, and equipment;

c) Freeze bank accounts;

d) Revoke tax identification number, suspend issuance of invoices;

đ) Revoke Business Registration Certificate, Establishment and Operation License, Professional Practice Permit.

2. A production, business, or service facility that fails to comply with a decision to temporarily suspend operations, relocate, or prohibit operations shall be subject to compulsory enforcement as follows:

a) The measure prescribed in point a of Clause 1 of this Article shall be applied to enforce the decision to temporarily suspend operations;

b) One or more measures prescribed in points a and b of Clause 1 of this Article shall be applied to enforce the decision to relocate;

c) One or more measures prescribed in Clause 1 of this Article shall be applied to enforce the decision to prohibit operations.

3. Authority to decide on compulsory enforcement:

The Chairman of the Provincial People's Committee has the authority to issue a decision on compulsory enforcement to enforce decisions to temporarily suspend operations, relocate, or prohibit operations made by himself/herself or the Prime Minister (hereinafter referred to as the compulsory enforcement decision).

Article 53. Compulsory Enforcement Decision

1. Compulsory enforcement to implement decisions to temporarily suspend operations, relocate, or prohibit operations can only be carried out upon issuance of a compulsory enforcement decision.

2. The compulsory enforcement decision shall include the following main contents: date of issuance; basis for issuing the compulsory enforcement decision; name, position, and unit of the person issuing the compulsory enforcement decision; name, address of the headquarters of the entity subject to compulsory enforcement; reasons for compulsory enforcement;

3. The compulsory enforcement decision must be sent to the entity subject to compulsory enforcement and relevant organizations and individuals five working days before the enforcement takes place; the compulsory enforcement decision must also be sent to the Ministry of Natural Resources and Environment.

Article 54. Procedure for Issuing a Compulsory Enforcement Decision

1. Compulsory enforcement to implement a decision to temporarily suspend operations:

a) If a production, business, or service facility continues to operate beyond the start date of the temporary suspension measure or if it is found to have擅自移除不恰当的内容后，以下是准确的翻译结果：

b) Within fifteen (15) working days from the date of receipt of the application file from the Department of Natural Resources and Environment, the Chairman of the Provincial People's Committee must issue a decision on compulsory enforcement.

2. Compulsory enforcement to implement the decision on imposing the form of relocation:

a) If the production, business, or service facility fails to complete the relocation within the prescribed deadline, the Department of Natural Resources and Environment shall request the Chairman of the Provincial People's Committee to issue a decision on compulsory enforcement;

b) Within fifteen (15) working days from the date of receipt of the application file from the Department of Natural Resources and Environment, the Chairman of the Provincial People's Committee must issue a decision on compulsory enforcement.

3. Compulsory enforcement to implement the decision on imposing the form of prohibition of operation:

a) If the production, business, or service facility fails to cease operations within the prescribed deadline, the Department of Natural Resources and Environment shall request the Chairman of the Provincial People's Committee to issue a decision on compulsory enforcement;

b) Within fifteen (15) working days from the date of receipt of the application file from the Department of Natural Resources and Environment, the Chairman of the Provincial People's Committee must issue a decision on compulsory enforcement.

Article 55. Responsibility for organizing the enforcement of coercive decisions

1. The Chairman of the Provincial People's Committee directs the implementation of the coercive decision.

The Department of Natural Resources and Environment shall take the lead and coordinate with the provincial police force, the district-level People's Committee where the production, business, and service facilities are located, and other relevant agencies to organize the implementation of the coercive decision.

2. The district-level People's Committee where the object subject to coercion is located shall be responsible for directing related agencies to cooperate in carrying out the coercion.

3. The People's Public Security Force shall be responsible for ensuring order and safety during the enforcement process, deploying forces to promptly prevent acts of disruption and resistance against officials performing their duties during the enforcement of the coercive decision.

Article 56. Responsibilities of organizations and individuals related to the implementation of coercive decisions

1. Organizations and individuals related to the object subject to the temporary suspension of operations, forced relocation, or prohibition of activities shall be responsible for cooperating in the enforcement when requested.

2. The person authorized to sign contracts for the provision of electricity, water, and related services shall cease providing such services to the production, business, and service facilities subject to coercion from the time specified in the coercive decision.

3. State Treasury, commercial banks, and other credit institutions shall implement measures to freeze deposit accounts from the time specified in the coercive decision.

4. Heads of tax authorities shall recover tax registration numbers, suspend the use of invoices from the time specified in the coercive decision.

5. Competent state agencies shall revoke the Business Registration Certificate or Establishment and Operation License, Professional Practice License according to the law from the time specified in the coercive decision.

Article 57. Time limit for enforcing coercive decisions

1. The time limit for enforcing coercive decisions implementing the temporary suspension of operations decided by the competent authority in the coercive decision.

2. The time limit for enforcing coercive decisions implementing the forced relocation decided by the competent authority in the coercive decision.

3. The coercive decision implementing the prohibition of activities ceases to be effective from the date the production, business, and service facility completes the dissolution procedures.

Article 58. Authority and procedures for applying measures to publicize information on pollution situations and violations of environmental protection laws

1. The authority that imposes administrative penalties for violations, decides on the application of temporary suspension of operations, forced relocation, or prohibition of activities has the authority to apply measures to publicize information on pollution situations and violations of environmental protection laws.

2. In the administrative penalty decision, the decision to apply temporary suspension of operations, forced relocation, or prohibition of activities, the reasons for applying the measure to publicize information on pollution, the content of the information, and the name of the newspaper or online news portal publishing the information must be clearly stated.

3. The person who issued the decision to apply temporary suspension of operations, forced relocation, or prohibition of activities, or the head of the agency issuing the administrative penalty decision shall send copies of the administrative penalty decision, the decision to apply temporary suspension of operations, forced relocation, or prohibition of activities, and the request for publicizing information to newspapers or online news portals responsible for managing within three working days from the date of issuance of the decision.

The content to be publicized includes: business registration name, trade name, name of the organization or individual violating the law, main field of operation or business; the address of the headquarters of the business, service, or organization committing the violation; the violation of environmental laws; the course of the violation and its consequences; the form of handling, remedial measures, and the time frame for remediation.

4. Newspapers or online news portals responsible for managing the website upon receiving the request for publicizing information shall be responsible for publishing all necessary information in the next issue or publication.

Article 59. Responsibilities of relevant ministries and sectors in applying temporary suspension of operations, forced relocation, and prohibition of activities for production, business, and service establishments causing environmental pollution, serious environmental pollution.

The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, and heads of government agencies within their respective duties and authorities shall be responsible for coordinating with the Chairman of the People's Committee at the provincial level in applying temporary suspension of operations, forced relocation, and prohibition of activities for production, business, and service establishments causing environmental pollution, serious environmental pollution.

Chapter IV

IMPLEMENTING PROVISIONS

Article 60. Effectiveness

This Decree takes effect from March 1, 2010, and replaces Decree No. 81/2006/NĐ-CP dated August 9, 2006, of the Government on administrative penalties for violations in the field of environmental protection. Accompanying this Decree is an Appendix containing five sample inspection reports and fourteen sample decisions for use in the process of handling violations of laws in the field of environmental protection.

Article 61. Responsibility for guidance and enforcement

1. The Minister of Natural Resources and Environment within the scope of his functions, duties, and authorities shall be responsible for guiding and organizing the implementation of this Decree.

2. The Minister of Natural Resources and Environment shall take the lead and coordinate with the Minister of Public Security to stipulate the cooperation between state management agencies for environmental protection and environmental police forces in inspection, supervision, and handling of violations of laws on environmental protection.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.