✦ 智能摘要
Decree No. 129/2007/NĐ-CP stipulates administrative penalties for violations related to dikes and levees, applicable to organizations and individuals committing acts that violate state management of dikes and levees. It specifies fines ranging from VND 300,000 to VND 30,000,000 and measures to address consequences, as well as the authority to impose penalties of competent agencies.
适用范围
Domestic and foreign organizations and individuals who commit acts violating state management of dikes and levees within the territory of Vietnam.
要点
- Violations of state management of dikes and levees are subject to fines ranging from VND 300,000 to VND 30,000,000, along with measures to address consequences (Article 6-13).
- The authority to impose penalties lies with the Chairpersons of People's Committees at all levels and public security organs (Article 14-16).
- Administrative penalty procedures are carried out in accordance with the provisions of the Ordinance on Handling Administrative Violations (Article 17).
- Competent authorities may revoke the right to use and recover permits when necessary (Article 18).
- Individuals subject to penalties who fail to comply with decisions will be subject to compulsory enforcement (Article 19).
🌐 本文件的社会影响
- Imposing financial burdens on organizations and individuals who violate regulations, ranging from VND 300,000 to VND 30,000,000.
- Necessary for protecting dike safety but may cause difficulties for construction and business activities on dikes.
- Aids in preventing violations and ensuring dike security.
❓ 常见问题
How much money is the fine for violating dike regulations?
Fines range from VND 300,000 to VND 30,000,000, depending on specific acts of violation (Article 6-13).
Who has the authority to impose penalties for dike violations?
Chairpersons of People's Committees at all levels and public security organs from commune to provincial level have the authority to impose penalties (Article 14-16).
What are the administrative penalty procedures?
In accordance with Articles 53, 54, 55, 56, 57, and 58 of the Ordinance on Handling Administrative Violations (Article 17).
How are violations of dike regulations handled if the decision is not complied with?
They will be subject to compulsory enforcement in accordance with Article 66 of the Ordinance on Handling Administrative Violations (Article 19).
If there are complaints or reports about the penalty decision, who will handle them?
In accordance with the Law on Complaints and Reports and relevant laws (Article 20).
全文
DECREE
Regulations on Administrative Sanctions for Violations Concerning Dikes and Levees
_________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Dikes dated November 29, 2006;
Based on the Ordinance on Handling Administrative Violations dated July 2, 2002;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates acts of administrative violations, forms of sanctions, fines, measures to remedy consequences, authority, and procedures for handling administrative violations in the field of dikes and levees.
Acts of administrative violations concerning dikes and levees are defined in Articles 7, 25, 26, 27, 28, and 35 of the Law on Dikes and Levees.
2. Administrative violations in the field of dikes and levees are actions that violate state management regulations on dikes and levees carried out intentionally or negligently by organizations or individuals, which are not criminal offenses and must be subject to administrative sanctions according to the Ordinance on Handling Administrative Violations and this Decree.
Article 2. Applicability
1. Organizations and individuals, both domestic and foreign, who commit administrative violations in the field of dikes and levees within the territory of Vietnam shall be handled according to this Decree or other relevant laws. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, such treaties shall apply.
2. When minors commit administrative violations in the field of dikes and levees, they shall be handled according to Article 7, Clause 1 and Clause 3 of the Ordinance on Handling Administrative Violations.
Article 3. Principles of Administrative Sanctions
1. All acts of administrative violations in the field of dikes and levees must be promptly discovered, sanctioned, and immediately stopped.
The sanctioning process must be conducted swiftly, fairly, and thoroughly; all consequences caused to dike and levee works and related works due to administrative violations must be remedied in accordance with the law.
2. Administrative sanctions for violations concerning dikes and levees must be decided by persons with authority in accordance with the legal procedures.
3. The level of sanctions for acts of administrative violations shall be implemented in accordance with this Decree and other relevant legal provisions.
4. A single act of violation shall only be handled once; if it continues, it will be subject to increased penalties. If a person commits multiple acts of violation, each act shall be handled separately. If multiple people jointly commit a single act of violation, each violator shall be handled.
5. Administrative sanctions in the field of dikes and levees must be based on the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances to decide appropriate forms and measures of handling.
6. No administrative sanctions shall be imposed in situations of emergency, unexpected events, or when an individual commits an administrative violation while suffering from mental illness; or other illnesses that have impaired their ability to recognize or control their behavior.
7. When considering a violation to determine the form of punishment, if the violation has characteristics of a crime, the authority must immediately transfer the case file to the competent criminal prosecution agency as prescribed by law. It is strictly prohibited to retain cases with signs of criminality for administrative sanctions.
8. In cases where an administrative penalty decision has been issued, if subsequently a criminal offense is discovered, the case file must be transferred to the competent criminal prosecution agency as prescribed by law.
Article 4. Time Limit for Imposing Administrative Sanctions
The time limit for imposing administrative sanctions for administrative violations is two years (02 years) from the date the violation begins. If this period has passed, administrative sanctions will not be imposed, but measures to remedy consequences shall still be applied according to Clause 3, Article 5 of this Decree.
Article 5. Forms of Administrative Sanctions
1. For each administrative violation, the violator, whether an organization or an individual, must bear one of the following forms of administrative sanction:
a) Warning.
b) Fine.
- The amount of fine for an administrative violation in the field of dyke management prescribed in Articles 6, 7, 8, 9, 10, 11, 12, and 13 of this Decree shall have a maximum fine of 30,000,000 VND.
- The amount of the fine may increase or decrease depending on aggravating or mitigating circumstances but shall not exceed the penalty range of the specific violation.
2. Organizations and individuals who violate laws on dyke management, in addition to being warned or fined, may also be subject to one or two supplementary administrative sanctions as follows:
a) Revocation of licenses related to the field of dyke management.
b) Confiscation of objects and means used to commit the violation.
3. In addition to the forms of administrative sanctions stipulated in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations in the field of dyke management shall also be subject to one or two remedial measures as follows:
a) Demolition of all or part of unauthorized construction works.
b) Restoration to the original condition.
If they do not voluntarily implement the remedial measures specified above, coercive measures shall be applied and they must bear all costs associated with such coercive measures. Coercive measures shall be carried out according to the provisions of Article 18 and Article 66 of the Administrative Handling Ordinance.
Chapter II
ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTIONS
Article 6. Levels of Sanctions for Prohibited Acts Specified in Article 7 of the Dyke Law are as Follows:
1. Acts of Damaging Dykes Shall Be Penalized As Follows:
a) A Fine of Between 20,000,000 VND and 30,000,000 VND;
b) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
2. Blasting or Destroying Causing Harm to the Dyke Body Shall Be Penalized As Follows:
a) A Fine of Between 15,000,000 VND and 20,000,000 VND;
b) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
3. Operating Works Contrary to Technical Standards for Flood Diversion Structures, Flood Retarding Structures, Culverts Through Dykes, Emergency Overflow Structures, Gates Through Dykes, Pump Stations, and Boat Harbors Within the Protected Area of Dykes Shall Be Penalized As Follows:
a) A Fine of Between 10,000,000 VND and 15,000,000 VND;
b) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
4. Operating Reservoirs Upstream Contrary to Technical Standards Affecting Dykes Shall Be Penalized As Follows:
a) A Fine of Between 25,000,000 VND and 30,000,000 VND;
b) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
5. Constructing Works or Houses Within the Protected Area of Dykes Shall Be Penalized As Follows:
a) A Fine of Between 5,000,000 VND and 15,000,000 VND;
b) Remedying the Consequences Caused by the Violation.
6. Using Motor Vehicles Exceeding Permitted Load Limits on Dykes Shall Be Penalized As Follows:
A Fine of Between 1,000,000 VND and 3,000,000 VND for Each Violation.
7. Dumping Waste Within the Protected Area of Dykes, on River Banks, or in Riverbeds, or Storing Construction Materials on Dykes Shall Be Penalized As Follows:
a) Dumping Waste Shall Be Penalized With a Fine of Between 300,000 VND and 500,000 VND and Restoring the Surface Before the Violation Occurred;
b) Storing Construction Materials Shall Be Penalized With a Fine of Between 500,000 VND and 1,000,000 VND and Removing the Materials From the Protected Area of Dykes.
8. Illegally Occupying, Using, or Moving Emergency Flood Prevention Supplies Shall Be Penalized As Follows:
A Fine of Between 300,000 VND and 1,000,000 VND, and Simultaneously Reimbursing the Occupied Supplies.
9. Damaging Wave Protection Trees Shall Be Penalized As Follows:
a) A Fine of Between 300,000 VND and 1,000,000 VND;
b) Planting to Restore Wave Protection Trees;
c) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
10. Excavating Soil, Stone, Sand, Gravel, Other Minerals; Digging Ponds or Wells Within the Protected Area of Dykes, and Other Activities That Obstruct Water Flow and Drainage Shall Be Penalized As Follows:
a) Excavating Soil, Stone, Sand, Gravel, or Other Minerals Within the Protected Area of Dykes Shall Be Penalized As Follows:
- A Fine of Between 5,000,000 VND and 10,000,000 VND;
- Confiscation of Objects and Means Used in the Violation.
b) Digging Ponds or Wells Within the Protected Area of Dykes Shall Be Penalized As Follows:
- A Fine of Between 500,000 VND and 1,000,000 VND;
- Restoring the Original Condition.
c) Other Activities That Obstruct Water Flow and Drainage Shall Be Penalized As Follows:
- A Fine of Between 5,000,000 VND and 10,000,000 VND;
- Removal of Obstructions Caused by the Violation.
11. Misappropriating Budget Funds for Construction, Repair, Upgrade, Reinforcement, and Protection of Dykes.
The Person Who Decides to Misappropriate Budget Funds for Construction, Repair, Upgrade, Reinforcement, and Protection of Dykes Shall Be Penalized As Follows:
a) A Fine of Between 15,000,000 VND and 20,000,000 VND;
b) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
Article 7. Violations of granting permits contrary to regulations or beyond authority as stipulated in Article 25 of the Law on Dikes shall be punished as follows:
1. The person granting a permit beyond their authority shall be punished as follows:
a) A Fine of Between 15,000,000 VND and 20,000,000 VND;
b) Revocation of the permit issued beyond authority;
c) If Serious Consequences Are Caused, the Case File Shall Be Transferred to the Competent Criminal Prosecution Authority According to the Law.
2. The person with authority to grant a permit but who does not comply with the provisions of Clause 2, Article 25 of the Law on Dikes shall be punished as follows:
a) A Fine of Between 10,000,000 VND and 15,000,000 VND;
b) Revocation of the permit issued contrary to regulations;
c) Handling according to the Ordinance on Civil Servants and Public Officials;
d) If serious consequences occur, transferring the file to the competent criminal prosecution agency as prescribed by law.
Article 8. Organizations and individuals constructing works or houses on river banks where there are no existing construction projects contrary to the provisions of Article 26 of the Law on Dikes shall be punished as follows:
1. A fine from VND 15,000,000 to VND 30,000,000.
2. Forced demolition of the constructed work or house and restoration of the land surface.
3. If serious consequences occur, transferring the file to the competent criminal prosecution agency as prescribed by law.
Article 9. Organizations and individuals expanding the construction area when repairing or renovating existing works or houses on river banks as stipulated in Point b, Clause 2, Article 27 of the Law on Dikes shall be punished as follows:
1. A fine from VND 3,000,000 to VND 5,000,000 for expanding the construction area.
2. Forced demolition of the part of the work or house built on the expanded area.
Article 10. Organizations and individuals constructing or renovating transportation works related to dikes without complying with the provisions of Clause 2, Article 28 of the Law on Dikes shall be punished as follows:
1. A fine from VND 20,000,000 to VND 30,000,000.
2. Suspension of construction and requirement for the investor to complete the necessary procedures.
3. If serious consequences occur, transferring the file to the competent criminal prosecution agency as prescribed by law.
Article 11. Organizations and individuals granted permission or agreements to carry out activities related to dikes, if they do not comply with the contents specified in the permit or agreement, shall be punished as follows:
1. A fine from VND 10,000,000 to VND 20,000,000.
2. Suspension of activity and requirement to comply strictly with the permit or agreement.
3. In case of non-compliance with the provisions of Clause 2 of this Article, revocation of the permit and requirement to remedy the consequences caused by the violation.
4. If serious consequences occur, transferring the file to the competent criminal prosecution agency as prescribed by law.
Article 12. Persons responsible for handling violations in the dike sector who fail to implement or implement incorrectly shall be punished as follows:
1. A fine from VND 3,000,000 to VND 5,000,000.
2. In case of serious consequences due to lack of responsibility, transferring the file to the competent criminal prosecution agency as prescribed by law.
Article 13. Organizations and individuals failing to implement decisions of those with authority regarding mobilizing resources for dike protection and rescue of related works as stipulated in Article 35 of the Law on Dikes shall be punished as follows:
1. A fine from VND 5,000,000 to VND 10,000,000.
2. In case of serious consequences, transferring the file to the competent criminal prosecution agency as prescribed by law.
Chapter III
AUTHORITY TO HANDLE VIOLATIONS OF LAWS ON DIKES
Article 14. Authority of the Chairpersons of People's Committees at all levels in handling violations of laws on dikes
1. The Chairperson of People's Committees at commune, ward, town level (collectively referred to as commune level) has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) Issue a warning or impose a fine up to VND 500,000;
c) Confiscate objects, means used for violation with a value up to VND 500,000; temporarily detain objects, means with a higher value pending further processing;
d) Require remediation of consequences caused by the violation act;
đ) In cases where the degree of violation exceeds the provisions of Points a, b, c, and d of Clause 1 of this Article, establish a report to the immediate superior for handling.
2. The Chairperson of People's Committees at district, county, city under province level (collectively referred to as district level) has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) To impose fines up to VND 20,000,000;
c) Revoke the use of permits related to violation acts;
d) Confiscate or temporarily detain objects, means used for violation;
đ) Force demolition of unauthorized constructions and remediation of consequences caused by the violation act;
e) Handle within their authority upon receiving violation files;
g) Report to the superior in cases exceeding their authority;
h) Establish and transfer files to the criminal prosecution agency in cases of serious violation consequences.
3. The Chairperson of People's Committees at provincial level, centrally governed city (collectively referred to as provincial level) has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) Impose fines up to thirty million dong;
c) Revoke permits issued beyond authority or contrary to regulations;
d) Revoke the use of permits related to violation acts;
đ) Direct levels and sectors within the province to handle violations stipulated in this Decree.
Article 15. The authority of the People's Public Security in handling violations of laws on dykes and waterworks
1. The Chief of the Police Station has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) Issue a warning or impose a fine up to VND 500,000;
c) Confiscate objects, means used for violation with a value up to VND 500,000; temporarily detain objects, means with a higher value pending further processing;
d) Require remediation of consequences caused by the violation act;
d) In cases where the level of violation exceeds the provisions set out in points a, b, c, and d of Clause 1 of this Article, establish a report and submit it to the People's Committee at the commune level and the higher-level police for handling.
2. The Chief of the County Police has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) Impose fines up to 10,000,000 VND;
c) Seize relevant permits related to the acts of violation for handling according to the law;
d) Confiscate or temporarily detain objects and means used for the violation;
đ) Force demolition of unauthorized constructions and remediation of consequences caused by the violation act;
e) Handle within their authority upon receiving violation files;
g) Report to the superior in cases exceeding their authority;
h) Direct investigations to handle according to the law in cases of serious consequences caused by violations.
3. The Director of the Provincial Police has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) To impose fines up to VND 20,000,000;
c) Revoke permits issued beyond authority or contrary to regulations;
d) Revoke the use of permits related to violation acts;
d) Confiscate or temporarily detain objects and means used for the violation;
e) Order the demolition of illegal constructions and rectify the consequences caused by the violation;
g) Handle according to his authority upon receiving violation reports;
h) Report to a higher authority for handling if the case exceeds his authority;
i) Direct investigations to handle according to the law in cases of serious consequences caused by violations.
4. The Minister of Public Security:
a) Direct relevant units to inspect, prevent, and handle violations of laws on dykes and waterworks;
b) Decide to apply expulsion penalties against foreign organizations or individuals who violate laws on dykes and waterworks.
Article 16. The authority of specialized inspectors in administrative violation handling
1. Inspectors performing duties related to dykes have the right to:
a) Draft records requiring organizations or individuals to immediately cease the act of violation; recommend local authorities or the local Dyke Management Office to issue decisions to stop such actions;
b) Issue warnings or impose fines up to 200,000 VND;
c) Confiscate objects and means used for the violation with a value up to 2,000,000 VND; temporarily detain objects and means pending further handling;
d) Establish a report and submit it to a higher authority for handling according to regulations.
2. The Head of the Department of Agriculture and Rural Development Inspection has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) To impose fines up to VND 20,000,000;
c) Establish violation reports and recommend local authorities or local police: revoke the right to use permits; confiscate or temporarily detain objects and means; order the demolition of illegal constructions and require rectification of the consequences caused by the violation;
d) Handle according to his authority upon receiving violation reports;
đ) Report to a higher authority for handling if the case exceeds his authority.
3. The Head of the General Directorate of Dyke Management and Flood Control has the right to implement administrative penalties as stipulated in Clause 5, Article 10 of Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government on the organization and operation of Agricultural and Rural Development Inspections and has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) To impose fines up to VND 20,000,000;
c) Coordinate with local specialized inspections to inspect, establish violation reports, and recommend local authorities or county police: revoke the right to use permits; confiscate or temporarily detain objects and means; order the demolition of illegal constructions and require rectification of the consequences caused by the violation;
d) Handle according to his authority upon receiving violation reports;
đ) Report to a higher authority for handling if the case exceeds his authority.
4. The Head of the Ministry of Agriculture and Rural Development Inspection has the right to:
a) Immediately stop the violation acts of organizations and individuals;
b) Impose fines up to thirty million dong;
c) Coordinate with provincial inspections, direct provincial agricultural and rural development inspections to inspect, establish violation reports, and recommend provincial People's Committees or provincial police: revoke the right to use permits; confiscate or temporarily detain objects and means; order the demolition of illegal constructions and require rectification of the consequences caused by the violation;
d) Handle according to his authority upon receiving violation reports;
đ) Report to a higher authority for handling if the case exceeds his authority.
Chapter IV
PROCEDURES AND FORMS FOR HANDLING ADMINISTRATIVE VIOLATIONS OF LAWS ON DYKES AND WATERWORKS
Article 17. Administrative Penalty Procedures
1. The procedures and sequence for imposing administrative penalties for violations related to dikes shall be carried out in accordance with Articles 53, 54, 55, 56, 57, and 58 of the Ordinance on Handling Administrative Violations.
2. All administrative violations subject to penalty must be recorded in a file and clearly inform the organization or individual committing the violation of the specific article, clause, and name of the legal document they have violated, while retaining the full record at the competent authority for the duration specified in the Ordinance on Handling Administrative Violations.
3. Organizations or individuals fined shall receive a receipt for the fine payment; if there is no receipt for the fine payment, the person being fined has the right not to pay the fine.
4. The confiscation and handling of evidence and means of transportation involved in administrative violations shall be carried out in accordance with Articles 60 and 61 of the Ordinance on Handling Administrative Violations.
5. The management and use of fines for administrative violations shall be implemented in accordance with state regulations.
Article 18. Procedures for Revoking and Recovering Licenses
The procedures for revoking and recovering licenses shall be carried out in accordance with Article 59 of the Ordinance on Handling Administrative Violations and must immediately notify the issuing authority.
Article 19. Execution of Administrative Penalty Decisions and Forced Enforcement of Administrative Penalty Decisions in the Field of Dikes
1. Organizations and individuals who are administratively penalized in the field of dikes according to this Decree must strictly comply with the administrative penalty decision of the competent authority within ten days from the date of receiving the decision, except where otherwise provided by law.
2. Organizations and individuals who are administratively penalized but do not voluntarily comply with the administrative penalty decision will be subject to forced enforcement of the administrative penalty decision in accordance with Article 66 of the Ordinance on Handling Administrative Violations and other provisions on forced enforcement of administrative penalty decisions under the law.
3. When applying measures for forced enforcement of administrative penalty decisions in the field of dikes, organizations, agencies, and competent authorities must follow the procedures and formalities for forced enforcement as stipulated in Articles 66 and 67 of the Ordinance on Handling Administrative Violations and other provisions on forced enforcement of administrative penalty decisions under the law.
Chapter V
SETTLEMENT OF COMPLAINTS, REPORTS AND HANDLING OF VIOLATIONS
Article 20. Complaints, Reports and Settlement of Complaints and Reports Regarding Administrative Penalty Decisions in the Field of Dikes
1. Organizations and individuals who are administratively penalized in the field of dikes or their legitimate representatives have the right to lodge complaints or initiate lawsuits regarding the penalty imposed on them in accordance with the law.
2. Every citizen has the right to report to the competent state agency about administrative violations in the field of dikes committed by individuals or organizations, and to report the misconduct of those authorized to impose administrative penalties in the field of dikes.
3. The authority, procedures, sequence, and deadlines for settling complaints, reports, and administrative lawsuits shall be carried out in accordance with the Law on Complaints and Reports and relevant legal provisions.
Article 21. Handling of Authorized Personnel Imposing Penalties and Individuals Subject to Administrative Penalties
1. Personnel authorized to impose administrative penalties in the field of dikes who engage in harassment, tolerance, or cover-up of violators; fail to handle or handle improperly or beyond their authority as prescribed; misappropriate or misuse funds, evidence, or means related to violations shall be disciplined or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.
2. Individuals subject to administrative penalties in the field of dikes who resist public officials, delay, evade compliance with administrative penalty decisions, or commit other violations shall be subject to administrative penalties under this Decree, other relevant legal provisions, or criminal prosecution, if damage is caused, compensation must be made in accordance with the law.
3. For violations of service regulations by civil servants while performing assigned tasks in the field of dikes, they shall be handled in accordance with the law on civil servants.
Chapter VI
IMPLEMENTING PROVISIONS
Article 22. Effectiveness
This Decree shall take effect fifteen days after its publication in the Official Gazette and after the Law on Dikes comes into force.
Article 23. Implementation Organization
1. The Ministry of Agriculture and Rural Development shall be responsible for monitoring, directing, guiding, inspecting, and supervising the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
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