Decree No. 121/2004/ND-CP on administrative penalties for violations in the field of environmental protection

DECREE

Rules on administrative penalties for violations in the environmental protection sector

____________________________

THE GOVERNMENT

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

On the basis of the Environmental Protection Law dated December 27, 1993;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Natural Resources and Environment,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of administrative violations in the field of environmental protection, forms of administrative penalties, penalty amounts, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.

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 violations according to the Administrative Violations Handling Ordinance and this Decree.

3. Administrative violations in the field of environmental protection as specified in this Decree include:

a) Violations of regulations on achieving environmental standards, environmental impact assessment reports, and other environmental protection regulations;

b) Violations of regulations on preventing, combating, and remedying environmental pollution, degradation, and incidents.

4. Acts of administrative violations regarding environmental protection as stipulated in other Decrees of the Government (hereinafter referred to as related Decrees) shall apply the provisions of those Decrees.

Article 2. Persons subject to penalty

1. Individuals and organizations of Vietnam committing administrative violations in the field of environmental protection shall be subject to penalties under this Decree and related Decrees.

2. Foreign individuals and organizations committing administrative violations in the field of environmental protection within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be subject to penalties as Vietnamese individuals and organizations under this Decree and related Decrees, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. Individuals who are minors committing administrative violations in the field of environmental protection shall be subject to penalties under Article 7 of the Administrative Violations Handling Ordinance.

Article 3. Principles of Imposition of Sanctions

1. All administrative violations in the field of environmental protection must be discovered and punished promptly and stopped immediately.

Penalties must be carried out swiftly, fairly, and thoroughly; all environmental consequences caused by administrative violations must be remedied in accordance with the law.

2. Individuals and organizations shall only be subject to administrative penalties in the field of environmental protection when they commit acts violating the provisions of this Decree and other Government Decrees on administrative penalties related to the environment.

3. An act of administrative violation in the field of environmental protection shall only be subject to one administrative penalty.

An individual or organization committing multiple acts of administrative violations in the field of environmental protection shall be penalized for each separate violation.

Multiple individuals or organizations jointly committing an act of administrative violation in the field of environmental protection shall each be penalized.

4. Administrative penalties in the field of environmental protection must be based on the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances to determine appropriate forms and measures of punishment.

5. Administrative penalties in the field of environmental protection shall not be imposed in cases of emergency situations, unexpected events, or when an individual commits an administrative violation while suffering from mental illness or other diseases that have impaired their ability to understand or control their actions.

Article 4. Mitigating Circumstances and Aggravating Circumstances

Mitigating and aggravating circumstances applied in the imposition of administrative penalties for violations stipulated in Chapter II of this Decree shall be implemented in accordance with Articles 8 and 9 of the Administrative Violations Handling Ordinance.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative penalties in the field of environmental protection is two years, counted from the date the administrative violation was committed; if this period has passed, no penalty will be imposed, but measures to remedy consequences as provided in points a, b, c, and d of Clause 3, Article 7 of this Decree shall still be applied.

2. For individuals who have been indicted, prosecuted, or had a case brought to trial under criminal procedure and received a decision to terminate investigation or dismiss the case, if the act of violation indicates an administrative violation concerning environmental protection, they shall be subject to administrative penalties for environmental protection; the statute of limitations for administrative penalties is three months, counted from the date the competent authority receives the decision to terminate and the file of the violation.

3. Within the time limit specified in Clauses 1 and 2 of this Article, if an individual or organization commits new administrative violations in the field of environmental protection or deliberately avoids or obstructs the imposition of penalties, the statute of limitations specified in Clauses 1 and 2 of this Article shall not be applied. The statute of limitations for administrative penalties shall be recalculated from the date of the new administrative violation or from the date the deliberate avoidance or obstruction of the imposition of penalties ceases.

Article 6. Period considered as not having been administratively punished

An individual or organization subject to administrative penalties in the field of environmental protection, if more than one year has passed since completing the execution of the penalty decision or since the effectiveness of the penalty decision expired without reoffending, shall be considered as not having been subject to administrative penalties in the field of environmental protection.

Article 7. Forms of Administrative Sanctions and Measures to Remedy Consequences

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 amount for a single violation in the field of environmental protection is 70,000,000 VND.

2. Depending on the nature and degree of the violation, the violator may also be subject to one or several supplementary forms of administrative penalty:

a) Revocation of the Environmental Standard Certification and various types of permits related to environmental protection (hereinafter referred to as Environmental Permits) with or without a term;

b) Confiscation of objects and means used to commit administrative violations in the field of the environment.

3. In addition to the administrative penalties prescribed in Clauses 1 and 2 of this Article, individuals and organizations violating administrative regulations in the field of environmental protection may also be subject to one or more of the following measures to remedy the consequences:

a) Compel to implement within a specified period the environmental protection measures required by the state management agency for environmental protection;

b) Compel to implement measures to address pollution, degradation, and environmental incidents caused by the violation;

c) Compel to remove from Vietnam or re-export goods or items causing environmental pollution;

d) Compel to destroy goods or items causing environmental pollution.

4. If individuals and organizations do not voluntarily comply with the measures prescribed in Points a, b, c, and d of Clause 3 of this Article, coercive measures shall be applied and they must bear all costs associated with the application of such coercive measures. The enforcement of coercive measures shall be carried out in accordance with Article 66 of the Ordinance on Handling Administrative Violations.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD ENVIRONMENTAL PROTECTION, FORMS OF ADMINISTRATIVE PENALTIES AND AMOUNTS OF FINES

Article 8. Violation of provisions regarding registration for environmental standards attainment, environmental impact assessment reports, Environmental Standards Attainment Certificates, and other environmental permits

1. Warning or a fine of VND 500,000 to VND 1,000,000 for failing to register for environmental standards attainment for facilities that are required to register for environmental standards attainment before commencing construction, which has already been initiated without such registration to be confirmed by the state management agency for environmental protection.

2. A fine of VND 1,000,000 to VND 2,000,000 for failing to prepare an environmental impact assessment report for facilities that are required to prepare such a report before commencing construction, which has already been initiated without such preparation to be approved by the state management agency for environmental protection.

3. A fine of VND 1,500,000 to VND 3,000,000 for failing to register for environmental standards attainment for operating facilities that are required to register for environmental standards attainment.

4. A fine of VND 3,000,000 to VND 5,000,000 for any of the following violations:

a) Failing to register for environmental standards attainment for operating facilities located in industrial zones that are required to register for environmental standards attainment;

b) Failing to prepare an environmental impact assessment report for operating facilities that are required to prepare such a report;

c) Operating without an environmental permit as required by the state management agency for environmental protection for facilities that are required to submit an Environmental Standards Attainment Registration Form.

5. A fine of VND 5,000,000 to VND 10,000,000 for operating without an environmental permit as required by the state management agency for environmental protection for facilities that are required to prepare an environmental impact assessment report and for operating facilities located in industrial zones that are required to submit an Environmental Standards Attainment Registration Form.

6. Other measures for violations stipulated in this Article:

a) Compel to implement within a specified period the registration for environmental standards attainment and the preparation of an environmental impact assessment report;

b) Compel to implement within a specified period the procedures to obtain an Environmental Permit.

Article 9. Violations of provisions on implementing contents in the Environmental Standard Registration Certificate, environmental impact assessment reports

1. Warning or a fine from VND 500,000 to VND 2,000,000 for the act of not correctly implementing the contents in the Environmental Standard Registration Certificate that has been confirmed.

2. A fine from VND 2,000,000 to VND 5,000,000 for the act of not implementing the contents in the Environmental Standard Registration Certificate that has been confirmed.

3. A fine from VND 3,000,000 to VND 5,000,000 for the act of not correctly implementing the contents in the Environmental Standard Registration Certificate that has been confirmed by facilities within industrial zones or in environmental impact assessment reports that have been approved.

4. A fine from VND 5,000,000 to VND 10,000,000 for the act of not implementing the contents in the Environmental Standard Registration Certificate that has been confirmed by facilities operating within industrial zones or in environmental impact assessment reports that have been approved.

5. Other measures for violations stipulated in this Article:

Order to implement within a time limit for violations stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 10. Violations of provisions on discharging wastewater

1. Warning or a fine from VND 100,000 to VND 500,000 for the act of discharging wastewater exceeding permissible standards less than twice.

2. A fine from VND 2,000,000 to VND 8,000,000 for the act of discharging wastewater exceeding permissible standards two times or more.

3. A fine from VND 15,000,000 to VND 30,000,000 for the act of discharging wastewater containing harmful substances exceeding permissible standards.

4. A fine from VND 60,000,000 to VND 70,000,000 for the act of discharging wastewater containing radioactive substances causing environmental radiation exceeding permissible levels.

5. Additional forms of punishment and remedial measures for violations stipulated in this Article:

a) Suspension of the right to use the Environmental Permit from ninety days to one hundred eighty days for violations stipulated in Clause 2 and Clause 3 of this Article;

Suspension of the right to use the Environmental Permit indefinitely for violations stipulated in Clause 4 of this Article;

b) Order to remedy consequences caused by violations stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 11. Violations of provisions on emitting gases and dust.

1. Warning or a fine from VND 100,000 to VND 500,000 for any of the following acts of violation:

a) Emitting gases and dust exceeding environmental standards into the environment;

b) Emitting foul odors directly into the environment without pollution control equipment.

2. A fine from VND 2,000,000 to VND 5,000,000 for the act of violating the provisions at point a of Clause 1 of this Article exceeding permissible standards two times or more.

3. A fine from VND 15,000,000 to VND 30,000,000 for the act of emitting gas emissions and dust containing harmful substances exceeding permissible standards.

4. A fine from VND 60,000,000 to VND 70,000,000 for the act of emitting gas emissions and dust containing radioactive substances causing environmental radiation exceeding permissible levels.

5. Additional forms of punishment and remedial measures for violations stipulated in this Article:

a) Suspension of the right to use the Environmental Standard Compliance Certificate from ninety days to one hundred eighty days for violations at Clause 2 and Clause 3 of this Article;

Suspension of the right to use the Environmental Standard Compliance Certificate indefinitely for violations at Clause 4 of this Article;

b) Order to remedy consequences caused by violations stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 12. Violations of regulations on discharging solid waste

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed for the act of discharging solid waste not in accordance with regulations.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of violating the provisions of Clause 1 of this Article causing environmental pollution.

3. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for the act of violating the provisions of Clause 2 of this Article in cases where the solid waste contains hazardous waste exceeding permissible standards.

4. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for the act of violating the provisions of Clause 1 of this Article in cases where the solid waste contains radioactive waste causing environmental radiation exceeding permissible levels.

5. Additional forms of punishment and measures to remedy consequences for violations of the provisions of this Article:

a) Revocation of the Environmental Permit for a period of ninety to one hundred eighty days for violations stipulated in Clauses 2 and 3 of this Article;

Revocation of the Environmental Permit indefinitely for violations stipulated in Clause 4 of this Article;

b) Order to remedy consequences caused by violations stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 13. Violations of regulations on noise and vibration

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for acts causing noise and vibration exceeding permissible environmental standards.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for acts causing noise and vibration exceeding permissible environmental standards from 10 p.m. of the previous day to 6 a.m. of the following day.

3. Other measures for violations stipulated in this Article:

Compel the remediation of consequences caused by violations stipulated in Clauses 1 and 2 of this Article.

Article 14. Violations of regulations on management, transportation, and disposal of waste

1. A warning or a fine of VND 500,000 to VND 2,000,000 shall be imposed for the act of managing, transporting, and disposing of waste and pollutants not in accordance with environmental protection regulations.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of violating the provisions of Clause 1 of this Article causing environmental pollution.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of managing, transporting, and disposing of hazardous waste or waste containing radioactive substances not in accordance with environmental protection regulations.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of managing, transporting, and disposing of hazardous waste causing environmental pollution.

5. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for the act of managing, transporting, and disposing of waste containing radioactive substances causing environmental radiation exceeding permissible levels.

6. Additional forms of punishment and measures to remedy consequences for violations of the provisions of this Article:

a) Revocation of the Environmental Permit for a period of ninety to one hundred eighty days for violations stipulated in Clauses 2, 3, and 4 of this Article;

Revocation of the Environmental Permit indefinitely for violations stipulated in Clause 5 of this Article;

b) Compel the remediation of consequences caused by violations stipulated in Clauses 2, 3, 4, and 5 of this Article.

Article 15. Violations of regulations on importing, exporting scrap materials

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of importing, exporting, transiting, temporarily importing for re-export, temporarily exporting for re-import, or transferring scrap materials not in accordance with regulations of state management agencies on environmental protection.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of importing, exporting, transiting, temporarily importing for re-export, temporarily exporting for re-import, or transferring scrap materials without permission from competent state management agencies on environmental protection.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for violations stipulated in Clauses 1 and 2 of this Article causing environmental pollution.

4. A fine of VND 55,000,000 to VND 70,000,000 shall be imposed for the act stipulated in Clause 2 of this Article in cases where it is hazardous waste or radioactive waste exceeding permissible environmental standards.

5. Measures to remedy consequences for violations stipulated in this Article:

a) Compel the destruction or re-export of scrap materials or hazardous waste;

b) Compel the remediation of consequences caused by violations stipulated in Clauses 3 and 4 of this Article.

Article 16. Violations of provisions in research, production, importation of harmful chemicals, genetically modified organisms, and their products

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for importing technology, harmful chemicals, genetically modified organisms, and their products not in accordance with state regulations on environmental protection.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for importing technology, harmful chemicals, genetically modified organisms, and their products without permission from competent state authorities.

3. A fine of VND 30,000,000 to VND 45,000,000 shall be imposed for violating regulations in researching, applying, transferring, producing, and transporting genetically modified organisms and their products.

4. A fine of VND 55,000,000 to VND 70,000,000 shall be imposed for violations under Clause 1, Clause 2, and Clause 3 of this Article that cause environmental pollution.

5. Additional forms of punishment and measures to remedy consequences for violations under this Article:

a) Suspension of license usage rights for thirty to ninety days for violations of this Article.

b) Compulsory destruction or re-export.

c) Compulsory remediation of consequences caused by violations under Clause 4 of this Article.

Article 17. Violations of natural conservation regulations

1. A warning or a fine of VND 200,000 to VND 1,000,000 shall be imposed for exploiting nature conservation areas, national parks not in accordance with environmental protection regulations.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for exploiting nature conservation areas not in accordance with environmental protection regulations, causing environmental degradation.

3. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for exploiting national parks not in accordance with environmental protection regulations, causing environmental degradation.

4. Remedial measures for violations stipulated in this Article:

Compulsory remediation of consequences caused by violations under Clause 2 and Clause 3 of this Article.

Article 18. Violations of regulations on prevention and response to environmental incidents in oil exploration, extraction, transportation

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Failure to equip means of preventing oil leakage, oil explosion, and oil spill as prescribed by competent state authorities.

b) Lack of plans for preventing oil leakage, oil explosion, and oil spill as prescribed by competent state authorities.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for causing an incident of oil leakage, oil explosion, or oil spill.

3. A fine of VND 55,000,000 to VND 70,000,000 shall be imposed for violations under Clause 2 of this Article that cause environmental pollution.

4. Measures to remedy consequences for violations under this Article:

Compulsory implementation of measures to address environmental pollution caused by violations under Clause 2 and Clause 3 of this Article.

Article 19. Violations of regulations on production, transportation, trading, importation, storage, and use of fireworks and other explosive materials

1. A warning or a fine of VND 2,000,000 to VND 5,000,000 shall be imposed for producing, transporting, trading, importing, storing, or using fireworks and other explosive materials not in accordance with environmental protection regulations.

2. A warning or a fine of VND 5,000,000 to VND 15,000,000 shall be imposed for producing, transporting, storing, or using fireworks and other explosive materials that cause environmental pollution.

3. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for using explosives taken from bombs, mines, grenades, and other weapons to produce fireworks.

4. A fine of VND 55,000,000 to VND 70,000,000 shall be imposed for violations under Clause 1, Clause 2, and Clause 3 of this Article that cause environmental incidents.

5. Additional forms of punishment and measures to remedy consequences for violations under this Article:

a) Confiscation of goods and items.

b) Compulsory implementation of measures to address environmental pollution caused by violations under Clause 2, Clause 3, and Clause 4 of this Article.

Article 20. Violations of soil pollution regulations

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed for burying or discharging pollutants into soil not in accordance with environmental protection regulations.

2. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for violations under Clause 1 of this Article that cause soil pollution.

3. A fine of VND 20,000,000 to VND 35,000,000 shall be imposed for violations under Clause 2 of this Article where pollutants contain hazardous waste exceeding permitted standards.

4. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for violations under Clause 2 of this Article where pollutants contain radioactive substances causing radiation levels exceeding permitted limits.

5. Measures to remedy consequences for violations under this Article:

Compulsory implementation of measures to address environmental pollution and degradation caused by violations under Clause 2, Clause 3, and Clause 4 of this Article.

Article 21. Violations of water pollution regulations

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed for discharging pollutants into water bodies exceeding permitted standards.

2. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for violations under Clause 1 of this Article that cause water pollution.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for violations under Clause 2 of this Article where pollutants contain hazardous waste exceeding environmental standards.

4. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for violations under Clause 2 of this Article where pollutants contain radioactive substances causing radiation levels exceeding permitted limits.

5. Measures to remedy consequences for violations under this Article:

Compulsory implementation of measures to address environmental pollution and degradation caused by violations under Clause 2, Clause 3, and Clause 4 of this Article.

Article 22. Violations concerning air pollution

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on the act of discharging smoke, dust, toxic substances, or other harmful factors into the air, causing air pollution.

2. A fine of VND 20,000,000 to VND 35,000,000 shall be imposed on the act of violating Clause 1 of this Article when the pollutant contains hazardous waste that has adverse effects on humans and nature.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on the act of violating Clause 1 of this Article when the pollutant contains radioactive substances causing environmental radiation exceeding permissible levels.

4. Measures to remedy consequences for violations under this Article:

The violator shall be ordered to remedy the consequences caused by the violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 23. Violations concerning emergency response and remediation of environmental incidents

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed on any of the following acts:

a) Failing to promptly report to the People's Committee or the competent state management agency for environmental protection nearest to the location upon discovering an environmental incident.

b) Failing to implement measures within their responsibility to promptly address the environmental incident.

c) Refusing to comply with or complying improperly with orders to mobilize human resources, materials, and equipment urgently for addressing the environmental incident.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the acts of violating Clause 1 of this Article when causing environmental pollution.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the acts of violating Clause 1 of this Article when causing widespread environmental pollution with long-term remediation.

4. Other measures against violations stipulated in this Article:

The violator shall be ordered to implement measures to remedy the environmental pollution and degradation caused by the violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 24. Acts obstructing state management activities for environmental protection

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed on the act of obstructing investigation, research, supervision, and assessment of the current environmental status.

2. A warning or a fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of providing false reports on the current environmental status to the competent state management agency for environmental protection.

3. A fine of VND 1,000,000 to VND 4,000,000 shall be imposed on the act of obstructing inspection and supervision activities for environmental protection conducted by the competent state management agency for environmental protection.

4. Other measures against violations stipulated in this Article:

The violator shall be ordered to comply with the requirements of the competent state management agency for environmental protection.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Article 25. Competence of the Chairpersons of People's Committees at all levels to impose administrative penalties

1. The Chairperson of the People's Committee of communes, wards, and towns has the authority:

a) To issue warnings;

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

c) To confiscate goods and items causing environmental pollution up to VND 500,000 in value;

d) To order the remediation of environmental pollution and degradation caused by the violation;

đ) To order the destruction of goods and items causing environmental pollution.

2. The Chairperson of the People's Committee of districts, towns, and provincial cities has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate goods and items causing environmental pollution;

d) To order the implementation of measures to remedy environmental pollution caused by the violation;

đ) To order the destruction of goods and items causing environmental pollution.

3. The Chairperson of the People's Committee at the provincial level, centrally governed city has the authority to:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To suspend the right to use the Environmental Permit issued by the Department of Natural Resources and Environment;

d) To confiscate goods and items causing environmental pollution;

đ) To order the implementation of measures to remedy environmental pollution and degradation caused by the violation;

e) To order the destruction of goods and items causing environmental pollution.

Article 26. Competence to impose administrative sanctions for violations related to environmental protection by specialized inspectors

1. Specialized inspectors of natural resources and environment of the Department of Natural Resources and Environment of provinces and centrally governed cities, and of the Ministry of Natural Resources and Environment while performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) To confiscate goods and items causing environmental pollution with a value up to VND 2,000,000;

d) To order the destruction of goods and items causing environmental pollution;

đ) To order the implementation of measures to remedy environmental pollution and degradation caused by the violation;

2. The Head of the specialized inspection department of natural resources and environment of the Department of Natural Resources and Environment of provinces and centrally governed cities have the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use environmental permits within their jurisdiction;

d) To confiscate goods and items causing environmental pollution;

đ) To order the destruction of goods and items causing environmental pollution;

e) To order the implementation of measures to remedy environmental pollution and degradation caused by the violation stipulated in this Article;

3. The Head of the Environmental Inspection Department of the Ministry of Natural Resources and Environment has the right:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To revoke the right to use environmental permits within their jurisdiction;

d) To confiscate goods and items causing environmental pollution;

đ) To order the destruction of goods and items causing environmental pollution;

e) To order the implementation of measures to remedy environmental pollution and degradation caused by the violation;

Article 27. Competence to impose administrative sanctions for violations related to environmental protection by state management agencies and specialized state inspection organizations

In addition to those who have the authority to impose sanctions as provided for in Articles 25 and 26 of this Decree, those who have the authority to impose sanctions according to the Administrative Violation Handling Ordinance, if they discover administrative violations specified in this Decree within their area of management, shall have the right to impose sanctions but must comply with the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Article 28. Procedure for Imposing Administrative Sanctions

1. When discovering administrative violations in the field of environmental protection, the person with the authority to impose sanctions must immediately issue an order to stop the violation.

2. The procedures and formalities for imposing administrative penalties are carried out as follows:

a) For administrative violations where the form of punishment is warning or a fine up to VND 100,000, the person with the authority to impose sanctions shall issue a decision on punishment on the spot.

The decision on punishment must clearly state the date, month, year of issuance; the name, address of the violator or the name, address of the violating organization; the act of violation; the location where the violation occurred; the name, position of the person issuing the decision; the article and clause of the legal document applied. This decision must be handed over to the individual or organization being punished.

In cases of fines, the amount of the fine must be clearly stated in the decision. The violator may pay the fine on the spot to the person with the authority to impose sanctions; in case of payment on the spot, a receipt for the fine must be issued.

b) For administrative violations where the form of punishment is a fine above VND 100,000, the person with the authority to impose sanctions must prepare a record of administrative violation. In the record of administrative violation, the date, month, year, location of preparation; the name, position of the person preparing the record; the name, address, occupation of the violator or the name, address of the violating organization; the act of violation, measures to prevent the violation and ensure the enforcement of punishment (if applicable); the condition of seized goods and items (if applicable); the statement of the violator or representative of the violating organization; if there are witnesses, victims or representatives of organizations suffering damage, their names and addresses must be clearly recorded.

3. Individuals or organizations fined must pay the fine at the State Treasury as specified in the 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 or organizations being punished may pay the fine to the person with the authority to impose sanctions. The person with the authority to impose sanctions is responsible for collecting the fine on the spot and depositing it into the State Treasury in accordance with Clause 3 of Article 58 of the Administrative Violation Handling Ordinance. The person being fined has the right not to pay the fine if there is no receipt for the fine.

4. When confiscating goods and items causing environmental pollution, the person with the authority to impose sanctions must prepare a record, which must clearly state the name, quantity, condition, quality of the confiscated goods and items, and must have the signatures of the person conducting the confiscation, the person being punished or the representative of the organization being punished, and the witness. If it is necessary to seal the goods and items causing environmental pollution, it must be done immediately in front of the person being punished or the representative of the organization being punished and the witness.

5. Individuals or organizations being punished must comply with the decision on punishment within ten days from the date of receiving the decision. If an individual or organization being punished does not voluntarily comply with the decision on punishment beyond this period, they will be subject to compulsory enforcement in accordance with Article 66 of the Administrative Violation Handling Ordinance.

6. Individuals being punished with a fine of VND 500,000 or more may be allowed to postpone compliance with the punishment in cases of special financial difficulties. The procedure and time limit for postponing compliance with the decision on a fine are regulated in Article 65 of the Administrative Violation Handling Ordinance.

Article 29. Revocation of the right to use permits

1. Individuals and organizations that have been granted environmental permits by state management agencies for environmental protection may have their right to use such permits revoked if they commit administrative violations directly related to the regulations governing the use of those permits.

When deciding to revoke the right to use a permit, the competent authority must prepare a record, clearly stating the reasons for revoking the right to use the permit according to the contents prescribed in Article 59 of the Ordinance on Handling Administrative Violations, while simultaneously requiring the cessation of the violation.

The revocation of the right to use a permit can only be carried out when there is a written decision from the competent authority specified in Clause 3, Article 25; Clause 2, Clause 3, Article 26 of this Decree. The decision must be sent to the individual or organization being processed, and at the same time, notified to the issuing authority.

The competent authority specified in Clause 1, Clause 2, Clause 3, Article 25 of this Decree has the right to request the issuing agency to revoke the permit.

2. The revocation of the right to use a permit with a time limit applies to first-time violations that can be remedied. Upon expiration of the period stated in the penalty decision, the competent authority imposing the penalty must return the permit to the organization or individual using the permit.

3. The revocation of the right to use a permit without a time limit applies to the following cases:

a) The permit was issued beyond the authority's jurisdiction;

b) The permit contains content contrary to environmental protection regulations;

c) Serious violations of environmental protection regulations, deemed to be irreparable and thus not allowing continued operation.

Article 30. Provisions for applying other administrative measures

1. The competent authority imposing penalties as stipulated in Articles 25, 26, and 27 of this Decree, when deciding to apply other administrative measures, must base their decision on legal provisions, the actual damage caused by the administrative violation, and bear legal responsibility for their decision.

2. Individuals and organizations subject to other administrative measures must execute the penalties within ten days of receiving the penalty decision, except where the law provides otherwise. Failure to comply will result in compulsory enforcement within the prescribed period. The costs of organizing compulsory enforcement shall be borne by the individual or organization subject to enforcement.

3. In cases where contraband or means of transportation involved in administrative violations concerning environmental protection must be confiscated or destroyed, a record must be prepared upon execution, signed by the decision-maker, the person penalized, and witnesses, and the contraband must be handled in accordance with the provisions of Articles 60 and 61 of the Ordinance on Handling Administrative Violations.

Chapter IV

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 31. Complaints and Reports

1. Individuals and organizations penalized for administrative violations in the field of environmental protection, or their legitimate representatives, have the right to complain about the penalty decision made by the competent authority.

Citizens have the right to report to state agencies with jurisdiction any acts violating the law on administrative penalties in the field of environmental protection.

2. Procedures for complaints and reports, and the resolution of complaints and reports, are governed by Article 118 of the Ordinance on Handling Administrative Violations.

3. Legal proceedings against decisions on administrative penalties, decisions on preventive measures, and guarantees for the implementation of administrative penalties in the field of environmental protection shall be conducted in accordance with the law on procedures for handling administrative cases.

Article 32. Handling of persons authorized to impose administrative penalties in the field of environmental protection case

Persons authorized to impose administrative penalties in the field of environmental protection who harass, tolerate, shield violators, fail to impose penalties, impose penalties at incorrect levels, or impose penalties beyond their authority shall be subject to disciplinary action or criminal liability pursued depending on the nature and severity of the violation; if damage is caused to the State, citizens, or organizations, they must compensate according to the provisions of the law.

Article 33. Handling of violations by persons subject to administrative penalties

Persons penalized for administrative violations in the field of environmental protection who resist law enforcement officers, delay, evade compliance, or commit other violations shall be subject to administrative penalty handling or criminal liability pursued depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Government Decree No. 26/CP dated April 26, 1996, which stipulates administrative penalties for environmental protection.

Article 35. Responsibility for guidance and implementation

The Minister of Natural Resources and Environment, within the scope of their functions, duties, and authorities, is responsible for guiding and organizing the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.