Decree No. 142/2013/ND-CP on administrative penalties for violations in the field of water resources and minerals

 DECREE

Regulations on Administrative Sanctions for Violations in the Field of Water Resources and Mineral Resources

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Minerals dated November 17, 2010;

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

The Government promulgates this Decree stipulating administrative sanctions for violations in the field of water resources and mineral resources.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative sanction, levels of administrative sanction, measures to remedy consequences of administrative violations, authority to impose administrative sanctions, and authority to issue administrative violation notices in the field of water resources and mineral resources.

2. Administrative violations in the field of water resources as stipulated in this Decree include: Violations of regulations on investigation, planning, exploration, exploitation, and utilization of water resources; violations of regulations on protection of water resources; violations of regulations on prevention, control, and remediation of adverse effects caused by water; and other violations in water resource management as specifically provided for in Chapter II of this Decree.

3. Administrative violations in the field of mineral resources as stipulated in this Decree include: Violations of regulations on basic geological surveys of mineral resources; violations of regulations on exploration and exploitation of mineral resources; violations of regulations on auctioning rights to exploit mineral resources; violations of regulations on using information about mineral resources; violations of regulations on benefits for localities and people where mineral resources are exploited; violations of regulations on protecting unexploited mineral resources; and other violations in the field of mineral resources as specifically provided for in Chapter III of this Decree.

4. Acts of administrative violation related to the field of water resources and mineral resources not stipulated in this Decree shall be subject to administrative sanctions according to other Decrees of the Government on administrative sanctions in fields of state management related to such matters.

Article 2. Forms of Administrative Sanction and Measures to Remedy Consequences

1. Principal forms of administrative penalty:

Organizations and individuals committing administrative violations in the field of water resources and mineral resources shall be subject to one of the following main forms of administrative sanction:

a) Warning;

b) Fine

The maximum fine for a single act of administrative violation in the field of water resources is VND 250,000,000 for individuals and VND 500,000,000 for organizations. The maximum fine for a single act of administrative violation in the field of mineral resources is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations;

c) Revocation of the right to use Exploration Licenses, Exploitation Licenses, Utilization Licenses for water resources, Discharge Licenses for wastewater into water sources; Underground Water Drilling Business Licenses; Exploration Licenses, Mining Licenses for mineral resources from one month to sixteen months.

2. Additional forms of punishment:

Depending on the nature and degree of violation, organizations and individuals committing violations may also be subject to one or more supplementary forms of administrative sanction:

a) Revocation of the right to use Exploration Licenses, Exploitation Licenses, Utilization Licenses for water resources, Discharge Licenses for wastewater into water sources; Underground Water Drilling Business Licenses; Exploration Licenses, Mining Licenses for mineral resources from three months to twelve months or suspension of activities from one month to twenty-four months;

b) Confiscation of objects and means used to commit administrative violations.

Supplementary forms of administrative sanction can only be applied concurrently with main forms of administrative sanction.

3. Measures to remedy consequences:

For each act of administrative violation, in addition to being subject to main forms of administrative sanction and supplementary forms of administrative sanction, organizations and individuals committing administrative violations may also be subject to one or more measures to remedy consequences as follows:

a) Compel the implementation of measures to mitigate pollution, degradation, and depletion of water sources;

b) Compel the implementation of measures to prevent environmental pollution and negative impacts on human health;

c) Compel the full implementation of measures to remediate environmental pollution;

d) Compel the implementation of land restoration and environmental recovery measures;

đ) Compel the implementation of measures to return mined areas to a safe state;

e) Compel the removal, demolition of structures in violation; compel the removal, relocation of objects obstructing flow; compel the relocation of machinery, equipment, assets out of exploration, mining areas;

g) Compel the restoration or reconstruction of facilities and equipment ensuring mine safety and environmental protection;

h) Compel the implementation of measures to remedy damage to technical infrastructure; carry out upgrading, maintenance, construction of roads;

i) Compel the restoration to the original condition altered by the violation;

k) Compel the submission of specimens, information about mineral resources to competent state management agencies regarding mineral resources;

l) Compel the correction of erroneous information, data resulting from the violation;

m) Compel the return of the entire volume of mineral resources or monetary value obtained from unauthorized exploitation outside the permitted area or exceeding the permitted capacity;

n) Compel the return of illegal profits gained from the violation.

Article 3. Application of fines in administrative penalties

1. The amount of fine for each violation of administrative regulations stipulated in Chapter II and Chapter III of this Decree shall be the fine imposed on individuals. The amount of fine for organizations shall be twice the amount of fine imposed on individuals.

2. The authority to impose fines of those persons specified in Articles 44, 45, and Article 46 of this Decree is the maximum authority to impose fines applicable to one act of administrative violation committed by an individual; for organizations, the maximum authority to impose fines shall be twice the authority to impose fines for individuals.

Chapter II
VIOLATIONS IN THE FIELD OF WATER RESOURCES, FORMS OF ADMINISTRATIVE PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR CONSEQUENCES

Article 4. Violations of provisions regarding basic investigation, water resource planning

1. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for acts violating the provisions on conditions and capacity to conduct basic investigations of water resources.

2. A fine from 30,000,000 VND to 50,000,000 VND shall be imposed for acts violating the provisions on conditions and capacity to provide consulting services for the preparation of water resource plans.

Article 5. Violations of provisions regarding monitoring and supervising water resources

1. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for acts failing to comply with the provisions on monitoring and supervising water resources during exploitation and utilization of water resources and discharging wastewater into water sources.

2. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for acts failing to monitor and supervise water resources during exploitation and utilization of water resources and discharging wastewater into water sources as prescribed.

Article 6. Acts of exploring, exploiting, and using water resources without registration or permit as prescribed

1. A warning or a fine from 100,000 VND to 500,000 VND shall be imposed for acts of exploiting underground water that require registration but have not been registered as prescribed.

2. A fine from 30,000,000 VND to 50,000,000 VND shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling for underground water with a project consisting of one well, depth less than 50 meters;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from over 10 m³/day-night to under 200 m³/day-night;

c) Exploiting and using surface water for agricultural production and aquaculture with a flow rate from over 0.1 m³/second to under 0.5 m³/second;

d) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from over 100 m³/day-night to less than 3,000 m³/day-night;

e) Exploiting and using surface water for power generation with installed capacity from over 50 kW to under 2,000 kW;

f) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from over 10,000 m³/day-night to under 50,000 m³a) An application form for extension or amendment of the permit;

3. A fine from 50,000,000 VND to 70,000,000 VND shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling for underground water with a project consisting of one well, depth from 50 meters or more;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 200 m³/day-night to under 400 m³/day-night;

c) Exploiting and using surface water for agricultural production and aquaculture with a flow rate from 0.5 m³/second to under 1 m³/second;

d) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 3,000 m³/day-night to less than 10,000 m³/day-night;

e) Exploiting and using surface water for power generation with installed capacity from 2,000 kW to under 5,000 kW;

f) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 50,000 m³/day-night to under 100,000 m³a) An application form for extension or amendment of the permit;

4. A fine from 70,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling for underground water with a project consisting of two wells, total depth under 80 meters;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 400 m³/day-night to under 800 m³/day-night;

c) Exploiting and using surface water for agricultural production and aquaculture with a flow rate from 1 m³/second to under 1.5 m³/second;

d) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 10,000 m³/day-night to under 20,000 m³/day-night;

e) Exploiting and using surface water for power generation with installed capacity from 5,000 kW to under 10,000 kW;

f) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 100,000 m³/day-night to under 200,000 m³a) An application form for extension or amendment of the permit;

5. A fine from 100,000,000 VND to 130,000,000 VND shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling for underground water with a project consisting of two wells, total depth from 80 meters or more;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 800 m³/day-night to under 1,000 m³/day-night;

c) Exploiting and using surface water for agricultural production and aquaculture with a flow rate from 1.5 m³/second to under 2 m³/second;

d) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 20,000 m³/day-night to under 50,000 m³/day-night;

e) Exploiting and using surface water for power generation with installed capacity from 10,000 kW to under 20,000 kW;

f) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 200,000 m³/day-night to under 300,000 m³a) An application form for extension or amendment of the permit;

6. A fine from 130,000,000 VND to 160,000,000 VND shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling for underground water with a project consisting of three wells, total depth under 100 meters;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 1,000 m³/day-night to under 1,500 m³/day-night;

c) Exploiting and using surface water for agricultural production and aquaculture with a flow rate from 2 m³/second or more;

d) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 50,000 m³/day-night to under 100,000 m³/day-night;

d) Exploiting and using surface water to generate electricity with installed capacity from 20,000 kW to less than 30,000 kW;

e) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 300,000 m³/day-night to less than 400,000 m³/day-night;³/per day and night up to less than 400,000 m³a) An application form for extension or amendment of the permit;

7. A fine of VND 160,000,000 to VND 190,000,000 shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling to explore underground water with a project consisting of three (3) wells, with a total depth of 100 meters or more;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 1,500 m³/day-night;³/day-night to less than 3,000 m³/day-night;

c) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 100,000 m³/day-night;³/day-night to under 200,000 m³/day-night;

d) Exploiting and using surface water to generate electricity with installed capacity from 30,000 kW to less than 40,000 kW;

đ) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 400,000 m³/day-night to less than 500,000 m³/day-night;³/per day and night up to less than 500,000 m³a) An application form for extension or amendment of the permit;

8. A fine of VND 190,000,000 to VND 220,000,000 shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Drilling to explore underground water with a project consisting of four (4) or more wells;

b) Exploiting and using underground water for production, business, and service activities with a flow rate from 3,000 m³/day-night to less than 4,000 m³/day-night;³/per day and night up to less than 4,000 m³/day-night;

c) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 200,000 m³/day-night;³/day-night to under 300,000 m³/day-night;

d) Exploiting and using surface water to generate electricity with installed capacity from 40,000 kW to less than 50,000 kW;

đ) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 500,000 m³/day-night to less than 700,000 m³/day-night;³/per day and night up to less than 700,000 m³a) An application form for extension or amendment of the permit;

9. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for any of the following acts of exploring, exploiting, and using water resources without a permit:

a) Exploiting and using underground water for production, business, and service activities with a flow rate from 4,000 m³/day-night;³/day-night or more;

b) Exploiting and using surface water for commercial, service, and non-agricultural production purposes with a flow rate from 300,000 m³/day-night;³/day-night or more;

c) Exploiting and using surface water to generate electricity with installed capacity of 50,000 kW or more;

d) Exploiting and using seawater for other production, business, and service activities on land with a flow rate from 700,000 m³/day-night;³/day-night or more.

10. The act of exploring, exploiting, and using water resources when the permit has expired shall be subject to penalties as stipulated in Clauses 2, 3, 4, 5, 6, 7, 8, and Clause 9 of this Article, except where an application for extension has been submitted in accordance with regulations.

11. Remedial measures:

Compel the implementation of measures to mitigate pollution, degradation, and depletion of water sources for violations stipulated in Clauses 2, 3, 4, 5, 6, 7, 8, 9, and Clause 10 of this Article that cause pollution, reduction in quality and quantity of water sources.

Article 7. Violation of the provisions of the Permit for Exploring, Exploiting, and Using Water Resources

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following violations:

a) Failure to provide complete and truthful data and information about water resources in the area of exploration, exploitation, and use of water resources when requested by the competent state agency;

b) Failure to report the results of exploration, exploitation, and use of water resources to the competent state agency as prescribed by law.

2. For the violation of exploiting and using water resources exceeding the flow rate specified in the permit, the excess flow rate shall be subject to penalties as prescribed in Article 6 of this Decree.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Exploiting and using water resources not in accordance with the purpose specified in the permit;

b) Exploiting and using water resources not in accordance with the regime specified in the permit;

c) Exploiting and using water resources not in accordance with the location specified in the permit;

d) Exploiting and using surface water not in accordance with the water source specified in the permit;

đ) Exploiting and using underground water not in accordance with the aquifer specified in the permit;

e) Exploring underground water not in accordance with the content specified in the permit.

4. A fine of VND 20,000,000 to VND 30,000,000 or revocation of the Permit for Exploring, Exploiting, and Using Water Resources for a period of one (1) month to three (3) months shall be imposed for any of the following violations:

a) Failure to implement safety measures, preventive measures, and remedial measures for accidents during the process of exploring, exploiting, and using water resources;

b) Exploiting and using surface water without ensuring the minimum flow rate as specified in the permit.

5. Measures to remedy consequences:

Compel the implementation of measures to mitigate pollution, degradation, and depletion of water sources for violations stipulated in Clause 3 and Clause 4 of this Article that cause pollution, reduction in quality and quantity of water sources.

Article 8. Violation of regulations on drilling groundwater operations

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for failing to submit annual reports on drilling groundwater as stipulated in the Groundwater Drilling Operation License.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Implementing wells not in accordance with approved technical procedures and designs, thereby affecting the quantity and quality of groundwater.

b) Conducting operations not in compliance with the scale specified in the Groundwater Drilling Operation License.

c) Drilling exploration and exploitation wells for organizations and individuals without a Groundwater Exploration, Exploitation, and Utilization License as prescribed.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Lending or renting out licenses for groundwater drilling operations.

b) Engaging in groundwater drilling operations without a Groundwater Drilling Operation License as required by law.

c) Engaging in groundwater drilling operations after the license has expired, except where an application for extension has been submitted as prescribed.

4. Additional forms of administrative punishment:

Revocation of the right to use the Groundwater Drilling Operation License for a period of three to six months for the violation set forth in Point a Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the implementation of measures to remediate pollution, degradation, and depletion of water sources for violations stipulated in Clause 2, Point b and Point c Clause 3 of this Article that cause pollution, reduction in water quality and quantity.

Article 9. Violation of regulations on transferring rights to exploit water resources and altering the content of water resource permits

1. A fine of VND 5,000,000 to VND 10,000,000 or revocation of the permit for a period of three to six months shall be imposed for altering the content of the permit.

2. A fine of VND 30,000,000 to VND 50,000,000 or revocation of the permit for a period of six to twelve months shall be imposed for transferring rights to exploit water resources without approval from the competent authority issuing the permit.

3. Measures to remedy consequences:

Compel the return of unlawful profits obtained through the violation stipulated in this Article.

Article 10. Violation of regulations on reservoirs

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations with reservoirs having a capacity under 1,000,000 cubic meters:³:

a) Not establishing a protective zone around the reservoir as prescribed or not handing over boundary markers of the protective zone to the People's Committee of the commune.

b) Using the surface water of the reservoir for aquaculture, tourism, and entertainment without written approval from the competent state management agency for water resources.

c) Not implementing notification and reporting systems related to operation of the facility as prescribed.

d) Not developing an annual water regulation plan for the reservoir or not implementing the annual water regulation plan for the reservoir according to the plan.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the violations stipulated in Clause 1 of this Article with reservoirs having a capacity from 1,000,000 cubic meters³ to less than 10,000,000 cubic meters³.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the violations stipulated in Clause 1 of this Article with reservoirs having a capacity from 10,000,000 cubic meters³ to less than 50,000,000 cubic meters³.

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the violations stipulated in Clause 1 of this Article with reservoirs having a capacity from 50,000,000 cubic meters³ to less than 100,000,000 cubic meters³.

5. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for any of the violations stipulated in Clause 1 of this Article with reservoirs having a capacity from 100,000,000 cubic meters³ or more.

6. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Not ensuring minimum flow maintenance, except in cases provided for in Point b Clause 4 Article 7 of this Decree.

b) Not implementing plans and schemes for water regulation and distribution in river basins issued by competent state authorities.

7. A fine of VND 200,000,000 to VND 220,000,000 shall be imposed for failing to develop emergency response plans for dam breaches and other serious threats to the safety of the facility, human lives, and property.

8. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for failing to comply with orders to operate the reservoir issued by competent state authorities during floods, droughts, water shortages, and other emergencies.

Article 11. Violations in the implementation of the inter-reservoir operation procedures

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Failure to provide monitoring data and forecasts related to reservoir operations and inflow volumes as prescribed;

b) Failure to conduct monitoring, collect information, and gather data on meteorology and hydrology to serve management and exploitation requirements of the reservoir as prescribed;

c) Failure to monitor and measure reservoir water levels and outflow volumes, or failure to calculate and forecast inflow volumes and reservoir water levels for reservoir operation as prescribed.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for failure to implement notification and reporting systems related to the operation of the works as prescribed.

3. A fine of VND 120,000,000 to VND 150,000,000 shall be imposed for failure to ensure minimum flow downstream as prescribed in the inter-reservoir operation procedures.

4. A fine of VND 160,000,000 to VND 180,000,000 shall be imposed for failure to maintain reservoir water levels corresponding to different periods as prescribed in the inter-reservoir operation procedures.

5. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for failure to operate the reservoir to reduce flood peaks downstream as prescribed in the inter-reservoir operation procedures.

Article 12. Discharging wastewater into water sources without a permit as prescribed by law

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for discharging wastewater containing harmful chemicals and radioactive substances into water sources with a discharge volume not exceeding 5 m³a) An application form for extension or amendment of the permit;

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from over 5 m³/day-night to under 50 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from over 10,000 m³/day-night to under 30,000 m³a) An application form for extension or amendment of the permit;

3. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 50 m³/day-night to under 100 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 30,000 m³/day-night to under 50,000 m³a) An application form for extension or amendment of the permit;

4. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 100 m³/day-night to under 500 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 50,000 m³/day-night to under 100,000 m³a) An application form for extension or amendment of the permit;

5. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 500 m³/day-night to under 1,000 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 100,000 m³/day-night to under 150,000 m³a) An application form for extension or amendment of the permit;

6. A fine of VND 140,000,000 to VND 160,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 1,000 m³/day-night to under 2,000 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 150,000 m³/day-night to under 200,000 m³a) An application form for extension or amendment of the permit;

7. A fine of VND 180,000,000 to VND 220,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 2,000 m³/day-night to less than 3,000 m³/day-night, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 200,000 m³/day-night to under 300,000 m³a) An application form for extension or amendment of the permit;

8. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for any of the following violations:

a) Discharging wastewater into water sources with a discharge volume from 3,000 m³/day-night or more, except in cases provided for in Point b Clause of this Article;

b) Discharging aquaculture wastewater into water sources with a discharge volume from 300,000 m³/day-night or more.

9. Production, business, and service establishments discharging wastewater into urban drainage systems that have not obtained a wastewater discharge permit shall be subject to fines as prescribed in Point a of Clauses 2, 3, 4, 5, 6, 7, and Clause 8 of this Article.

10. Discharging wastewater into water sources when the permit has expired shall be subject to penalties as if there were no permit as prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, and Clause 8 of this Article.

11. Remedial measures:

Obligation to take remedial measures to address water pollution and degradation caused by violations stipulated in this Article.

Article 13. Violation of the provisions of the Discharge Permit for Wastewater into Water Sources

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following violations:

a) Failure to provide complete and truthful data and information on wastewater discharge activities into water sources when requested by competent state authorities;

b) Failure to implement reporting requirements regarding wastewater discharge activities into water sources to competent state authorities as prescribed by law.

2. For the act of discharging wastewater into water sources exceeding the flow rate specified in the permit, the excess flow rate shall be subject to penalties as prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, and Clause 8 of Article 12 of this Decree.

3. A fine of from VND 20,000,000 to VND 30,000,000 for the act of failing to install monitoring equipment for flow rate and water quality as stipulated in the permit.

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

a) Failure to implement safety measures, preventive measures, and remedial measures for accidents during the process of discharging wastewater into water sources;

b) Discharging wastewater into water sources at locations not specified in the permit;

c) Discharging wastewater into water sources not in accordance with the regime and methods specified in the permit.

5. A fine of from VND 130,000,000 to VND 150,000,000 or suspension of the right to use the Discharge Permit for Wastewater into Water Sources for a period of from six to twelve months for any of the following violations:

a) Failure to properly or fully implement the operation procedures of the wastewater treatment system;

b) Discharging wastewater into water sources with pollutant concentrations exceeding the limits specified in the permit.

6. Additional forms of punishment:

Suspension of the right to use the Discharge Permit for Wastewater into Water Sources for a period of from three to six months for violations as prescribed in Clause 2 of this Article.

7. Measures to remedy consequences:

Compel the implementation of measures to mitigate pollution, degradation, and depletion of water sources in cases where the violation of this provision causes pollution, reduction in water quality, and quantity.

Article 14. Violations of Provisions on Protecting Water Sources

1. Warning or a fine of from VND 300,000 to VND 500,000 for failure to properly plug and seal wells after completion of use or damage (for each well) in cases where a permit for exploration, exploitation, and use of underground water is not required.

2. A fine of from VND 6,000,000 to VND 10,000,000 for management and operation of facilities causing water loss and wastage.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Failure to implement protective measures for underground water during exploration and exploitation of underground water as prescribed;

b) Failure to implement protective measures for underground water during geological survey drilling, geological exploration, mineral exploration, and oil and gas exploration;

c) Failure to implement protective measures for underground water during foundation treatment of structures and mine dewatering;

d) Failure to implement protective measures for underground water during drilling, excavation, and other activities as prescribed;

đ) Failure to properly plug and seal wells after completion of use or damage (for each well) in cases where a permit for exploration, exploitation, and use of underground water is required.

4. A fine of from VND 80,000,000 to VND 90,000,000 for failure to comply with technical standards on safety, prevention, and control of degradation and depletion of underground water during mineral exploitation and construction of underground structures.

5. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Failure to construct separate systems for collecting rainwater and wastewater for construction, renovation, and upgrading projects of production and business establishments;

b) Failure to construct wastewater treatment systems for construction, renovation, and upgrading projects of production and business establishments.

6. A fine of from VND 160,000,000 to VND 180,000,000 for discharging wastewater and waste materials into areas protected for water supply.

7. A fine of from VND 180,000,000 to VND 200,000,000 for violations of prohibited and restricted areas for underground water extraction as prescribed by state agencies.

8. A fine of from VND 220,000,000 to VND 250,000,000 for discharging wastewater into the ground through drilled or dug wells and other means aimed at injecting wastewater into the ground.

9. Remedial measures:

a) Compel the removal of the violating structure for violations as prescribed in Clauses 6, 7, and Clause 8 of this Article;

b) Compel the implementation of measures to mitigate pollution and degradation of water sources for violations as prescribed in this Article in cases where the violation causes pollution and reduction in water quality.

Article 15. Violations of provisions on prevention and control of water pollution, degradation, and depletion

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not implementing measures to prevent seepage and overflow from ponds, lakes, and wastewater storage areas when the wastewater does not contain hazardous waste.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using plant protection chemicals, veterinary drugs, and other chemicals in crop cultivation, animal husbandry, and aquaculture that do not meet technical standards, causing water pollution.

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

a) Not having a plan to prevent and control water pollution, degradation, and depletion when establishing economic zones, industrial parks, export processing zones, high-tech parks, industrial clusters, urban areas, concentrated residential areas, tourist and entertainment areas, inland waterway routes, road routes, underground works, water supply and drainage works, mineral extraction works, power plants, wastewater storage areas, and production, business, service facilities, and other works with a risk of causing water pollution, degradation, and depletion;

b) Not having plans, equipment, and personnel to ensure preventive measures against marine water pollution during activities at sea.

4. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

a) Not having safety measures to prevent leakage and loss leading to water pollution from production, business, service facilities, mining activities, and other production activities using harmful chemicals;

b) Not implementing measures to prevent seepage and overflow from ponds, lakes, and wastewater storage areas containing hazardous waste.

5. A fine of VND 200,000,000 to VND 220,000,000 shall be imposed for any of the following violations:

a) Pumping out water and draining dry areas during mining operations and construction projects leading to a decrease in groundwater levels, causing water depletion;

b) Not implementing measures to limit and mitigate the effects according to the directives of the competent state management agency responsible for water resources when pumping out water and draining dry areas during mining operations and construction projects leading to a decrease in groundwater levels, causing water depletion.

6. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for the act of directly discharging toxic exhaust gases into water sources.

7. Measures to remedy consequences:

The violator shall be ordered to take remedial measures to address water pollution, degradation, and depletion resulting from violations stipulated in this Article if such violations cause water pollution, reduction in water quality, and depletion of water quantity.

Article 16. Violations of provisions on emergency response and remediation of water pollution incidents

1. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for failing to develop an emergency response plan or failing to equip necessary means and equipment to respond to and remedy water pollution incidents caused by violations.

2. A fine of VND 120,000,000 to VND 150,000,000 shall be imposed for failing to implement measures to promptly respond to and remedy water pollution incidents caused by violations.

3. A fine of VND 220,000,000 to VND 250,000,000 shall be imposed for failing to implement measures to promptly respond to and remedy serious water pollution incidents caused by violations.

4. Measures to remedy consequences:

The violator shall be ordered to take remedial measures to address water pollution and degradation resulting from violations stipulated in Clause 2 and Clause 3 of this Article.

Article 17. Violations of provisions on ensuring the flow of water currents

1. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of placing obstacles, hindrances, planting trees that obstruct flood drainage and water flow in rivers, streams, lakes, canals, and ditches.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of laying pipes or cables across rivers, streams, canals, and ditches, or setting up cages or rafts on rivers that obstruct water flow.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of mining minerals, constructing bridges, boat docks, or other structures that block or cross rivers, streams, canals, and ditches, thereby obstructing water flow.

4. Measures to remedy consequences:

a) Order to restore the original condition altered by the violation stipulated in this Article.

b) Order to dismantle the construction, remove, or relocate objects that obstruct water flow for violations stipulated in this Article.

Article 18. Violations of provisions on protective zones for water sources

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not taking measures to treat, control, and monitor wastewater and waste before discharging them into land or water sources for facilities operating within the protective zone for water sources.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for the act of mining minerals, drilling, excavating, or constructing structures within the protective zone for water sources, causing erosion and collapse of river, stream, canal, and reservoir banks.

3. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed for the act of constructing new hospitals, infectious disease treatment facilities, cemeteries, waste disposal sites, chemical production facilities, or processing facilities with hazardous wastewater within the protective zone for water sources.

4. Measures to remedy consequences:

a) Order to dismantle constructions violating the provisions of Clause 2 and Clause 3 of this Article.

b) Order to implement remedial measures to address pollution, degradation, and depletion of water sources for violations stipulated in this Article if such violations cause pollution, deterioration in water quality, and reduction in water quantity.

Article 19. Violations of provisions on preventing and controlling salinity intrusion

1. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for the act of extracting brackish or saline water for production purposes, leading to salinity intrusion into water sources.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to comply with technical procedures and standards in managing and operating saltwater barriers, freshwater retention structures, and water storage reservoirs, resulting in salinity intrusion into water sources.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not implementing preventive and control measures against salinity intrusion for underground water layers during exploration and extraction of groundwater in delta and coastal areas.

4. Measures to remedy consequences:

The violator shall be ordered to take remedial measures to address water pollution, degradation, and depletion resulting from violations stipulated in this Article if such violations cause water pollution, reduction in water quality, and depletion of water quantity.

Article 20. Violations of provisions on preventing and controlling land subsidence and slope failure and bank erosion

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to comply with technical standards on safety and prevention of land subsidence when drilling for exploration and extraction of groundwater, mineral exploration; geological and oil and gas exploration.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Continuing to conduct exploration and extraction of groundwater when land subsidence occurs;

b) Failing to implement remedial measures and immediately report to the nearest local authority when land subsidence occurs during exploration and extraction of groundwater;

c) Reconstructing riverbeds, banks, and beaches, constructing water and inland waterway transportation infrastructure, extracting sand, gravel, and other minerals from rivers and lakes, causing slope failure and affecting the stability of riverbeds, banks, and beaches.

3. Additional forms of punishment:

Revocation of the Exploration and Groundwater Extraction Permit for a period of three to six months for violations stipulated at Point a and Point b Clause 2 of this Article.

4. Measures to remedy consequences:

Order to restore the original condition altered by the implementation of the violation stipulated at Point c Clause 2 of this Article.

Article 21. Violations of other provisions on water resource management

1. A fine of from 3,000,000 VND to 5,000,000 VND for acts obstructing the collection, exchange, exploitation, and use of water resource data and information that have been approved by competent authorities.

2. A fine of from 10,000,000 VND to 15,000,000 VND for acts distorting water resource data and information when requested by state management agencies with competence over water resources.

3. A fine of from 15,000,000 VND to 20,000,000 VND for acts exploiting the provision of data for personal gain or disseminating data contrary to legal regulations.

4. A fine of from 20,000,000 VND to 25,000,000 VND for acts of unauthorized access to systems storing water resource data and information.

5. Measures to remedy consequences:

a) Order to correct false data and information resulting from violations stipulated in Clause 2 of this Article;

b) Order to return illegal profits obtained from violations stipulated in Clause 3 of this Article.

Chapter III
ADMINISTRATIVE VIOLATIONS IN THE MINERAL SECTOR, FORMS OF PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR CONSEQUENCES

Article 22. Violations of regulations on field surveys and sampling on the surface to select areas for mineral exploration project proposals

A fine shall be imposed for conducting field surveys and sampling on the surface to select areas for mineral exploration projects without prior written approval from the People's Committee of the province where the minerals are located, specifically as follows:

1. From 2,000,000 VND to 5,000,000 VND when proposing an exploration project for ordinary construction materials minerals by a business household.

2. From 10,000,000 VND to 20,000,000 VND when proposing an exploration project for minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Clause 1 of this Article.

3. From 30,000,000 VND to 50,000,000 VND when proposing an exploration project for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

Article 23. Violations of regulations on reporting exploration plans, reporting exploration results, conditions for organizing exploration project implementation, and obligations when the Mineral Exploration License ceases to be effective

1. A fine shall be imposed for failing to report in writing the exploration plan to the provincial People's Committee where the minerals are being explored before implementation, specifically as follows:

a) From 2,000,000 VND to 5,000,000 VND for ordinary construction materials minerals exploration by a business household;

b) From 5,000,000 VND to 10,000,000 VND for minerals exploration within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From 10,000,000 VND to 20,000,000 VND for minerals exploration within the licensing authority of the Ministry of Natural Resources and Environment.

2. A fine of from 20,000,000 VND to 30,000,000 VND for submitting late reports more than 30 days after the end date of the reporting period or failing to submit periodic exploration activity reports to the competent state management agency for minerals.

3. A fine shall be imposed for submitting inaccurate reports where the actual volume of exploration work exceeds 10% of the volume stated in the approved exploration project, specifically as follows:

a) From 5,000,000 VND to 10,000,000 VND for ordinary construction materials minerals exploration by a business household;

b) From 10,000,000 VND to 20,000,000 VND for minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From 30,000,000 VND to 50,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

4. A fine shall be imposed for completing the exploration volume and exceeding the time limit specified in the Mineral Exploration License but not submitting for approval of the mineral reserves, specifically as follows:

a) From 10,000,000 VND to 20,000,000 VND for minerals within the licensing authority of the provincial People's Committee;

b) From 20,000,000 VND to 30,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

5. A fine shall be imposed for failing to submit the exploration result report along with the decision approving the mineral reserves to geological archives and the competent state agency granting the license within 90 days of receiving the decision approving the mineral reserves without justifiable reasons, specifically as follows:

a) From 20,000,000 VND to 30,000,000 VND for minerals within the licensing authority of the provincial People's Committee;

b) From 30,000,000 VND to 50,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

6. A fine shall be imposed for implementing an exploration project without meeting the required conditions for mineral exploration activities as prescribed, specifically as follows:

a) From 10,000,000 VND to 20,000,000 VND for ordinary construction materials minerals exploration by a business household;

b) From 20,000,000 VND to 50,000,000 VND for minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From 50,000,000 VND to 70,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

7. A fine of from 70,000,000 VND to 100,000,000 VND for any of the following violations:

a) Failing to remove all assets and those of related parties from the exploration area when the Mineral Exploration License ceases to be effective;

b) Failing to carry out reclamation of exploration works and protect unexploited minerals according to the law when the Mineral Exploration License ceases to be effective;

c) Failing to hand over samples and information about collected minerals to the competent state management agency for minerals according to the law when the Mineral Exploration License ceases to be effective;

d) Changing the exploration method or increasing the exploration volume with costs exceeding 10% of the total budget set forth in the approved mineral exploration project without prior permission from the competent state management agency.

8. Measures to remedy consequences:

Obligatory backfilling of exploration works; implementing measures to protect unexploited minerals, restore the environment, and submit samples and information about minerals to the competent state management agency for minerals in cases of violations stipulated in Points a, b, and Point c, Clause 7 of this Article.

Article 24. Violations of regulations on exploration areas for minerals

1. A fine of VND 2,000,000 to VND 5,000,000 for the act of marking corner points of the permitted exploration area but not in accordance with the prescribed standards or failing to fully mark the corner points of the permitted exploration area.

2. A fine for the act of failing to mark the corner points of the permitted exploration area, specifically as follows:

a) VND 5,000,000 to VND 10,000,000 when exploring common construction materials for business households;

b) VND 10,000,000 to VND 20,000,000 when exploring other minerals within the licensing authority of the provincial People's Committee;

c) VND 20,000,000 to VND 30,000,000 when exploring minerals within the licensing authority of the Ministry of Natural Resources and Environment.

3. A fine for the act of exploring outside the boundary where the explored area exceeds the permitted area by up to 10%, specifically as follows:

a) VND 20,000,000 to VND 50,000,000 for the case of exploring common construction materials for business households;

b) VND 50,000,000 to VND 70,000,000 for the case of exploring minerals within the licensing authority of the provincial People's Committee, except for the case specified in Point a of this Clause;

c) VND 70,000,000 to VND 100,000,000 for the case of exploring minerals within the licensing authority of the Ministry of Natural Resources and Environment.

4. Measures to remedy consequences:

Obligatory backfilling and environmental restoration in the area that has been explored beyond the permitted area for the case stipulated in Clause 3 of this Article.

Article 25. Violations of regulations on transferring exploration rights for minerals

A fine for the act of transferring or accepting transfer of exploration rights for minerals without prior approval from the competent state management agency, specifically as follows:

1. VND 20,000,000 to VND 50,000,000 for the case of exploring common construction materials for business households.

2. VND 50,000,000 to VND 70,000,000 for the case of exploring minerals within the licensing authority of the provincial People's Committee, except for the case stipulated in Clause 1 of this Article.

3. VND 70,000,000 to VND 100,000,000 for the case of exploring minerals within the licensing authority of the Ministry of Natural Resources and Environment.

Article 26. Violations of regulations on exploring harmful minerals

1. A fine of VND 50,000,000 to VND 70,000,000 or suspension of the right to use the Mineral Exploration Permit for three to six months for the act of failing to implement or inadequately implementing pollution prevention measures determined in the mineral exploration project but not causing environmental pollution during the exploration process.

2. A fine of VND 70,000,000 to VND 100,000,000 or suspension of the right to use the Mineral Exploration Permit for six to nine months for the act of failing to implement or inadequately implementing pollution prevention measures determined in the mineral exploration project, causing environmental pollution during the exploration process.

3. A fine of VND 100,000,000 to VND 150,000,000 or suspension of the right to use the Mineral Exploration Permit for nine to twelve months for the act of causing environmental pollution during the exploration process while inadequately implementing remediation measures.

4. A fine of VND 150,000,000 to VND 200,000,000 or suspension of the right to use the Mineral Exploration Permit for twelve to sixteen months for the act of causing environmental pollution during the exploration process without implementing remediation measures.

5. Measures to remedy consequences:

a) Compel the implementation of pollution prevention measures and adverse health impacts for violations stipulated in Clause 1 of this Article;

b) Compel the full implementation of environmental pollution remediation measures for violations stipulated in Clauses 2 and 3 of this Article.

Article 27. Violations of other provisions on mineral exploration

1. A fine shall be imposed for the act of exploration without a Mineral Exploration Permit as prescribed or exploring minerals beyond the permitted boundaries where the area explored outside the boundaries exceeds 10% or more of the total permitted exploration area, specifically as follows:

a) From VND 30,000,000 to VND 50,000,000 for the case of ordinary construction material mineral exploration by a business household;

b) From VND 70,000,000 to VND 100,000,000 for the case of mineral exploration within the permit issuance authority of the provincial People's Committee, except for cases stipulated in Point a Clause 1 of this Article;

c) From VND 100,000,000 to VND 150,000,000 for the case of mineral exploration within the permit issuance authority of the Ministry of Natural Resources and Environment, except for cases stipulated in Point d Clause 1 of this Article;

d) From VND 150,000,000 to VND 200,000,000 for the case of gold, silver, gemstone, platinum, and harmful mineral exploration.

2. A fine shall be imposed for the act of exploration when the Mineral Exploration Permit has expired (except for cases where the application for extension of the Mineral Exploration Permit is under review by the competent authority as prescribed) or exploring minerals during the period when the right to use the Mineral Exploration Permit is revoked, specifically as follows:

a) From VND 20,000,000 to VND 30,000,000 for the case of ordinary construction material mineral exploration by a business household;

b) From VND 30,000,000 to VND 50,000,000 for the case of mineral exploration within the permit issuance authority of the provincial People's Committee, except for cases stipulated in Point a Clause 2 of this Article;

c) From VND 50,000,000 to VND 70,000,000 for the case of mineral exploration within the permit issuance authority of the Ministry of Natural Resources and Environment, except for cases stipulated in Point d Clause 2 of this Article;

d) From VND 70,000,000 to VND 100,000,000 for the case of gold, silver, gemstone, platinum, and harmful mineral exploration.

3. Additional forms of punishment:

a) Confiscate samples that are minerals; confiscate administrative violation means for violations specified in Clause 1 and Clause 2 of this Article;

b) Suspend mineral exploration activities from 01 (one) month to 06 (six) months for violations specified in Clause 2 of this Article.

4. Measures to remedy consequences:

Obligate the violator to backfill exploration works and restore the environment in the area that has been explored for violations specified in Clause 1 of this Article.

Article 28. Violations of provisions on basic construction of mines, reporting results of mining operations, payment of fees for mining rights, and upgrading reserves and resources through exploration

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not notifying in writing the start date of mine basic construction and the start date of mining to the People's Committees at all levels where the mine is located before implementation.

2. A fine shall be imposed for the act of not registering the start date of mine basic construction with the competent state agency issuing the permit; not registering the start date of mining with the competent state agency issuing the permit, specifically as follows:

a) From 20,000,000 VND to 30,000,000 VND for minerals within the licensing authority of the provincial People's Committee;

b) From 30,000,000 VND to 50,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

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

a) Submitting periodic reports on mining operations to the competent state management agency issuing the permit late by 15 (fifteen) days up to less than 30 (thirty) days from the end of the reporting period;

b) Not retaining information about upgraded reserves and resources in the permitted mining area.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for submitting periodic reports on mining operations to the competent state management agency issuing the permit late by more than 30 (thirty) days from the end of the reporting period or failing to submit periodic reports on mining operations as required.

5. A fine shall be imposed for the act of not notifying the plan, volume, and time of upgrading reserves and resources within the permitted mining area to the competent state management agency issuing the permit before implementation, specifically as follows:

a) From 20,000,000 VND to 30,000,000 VND for minerals within the licensing authority of the provincial People's Committee;

b) From 30,000,000 VND to 50,000,000 VND for minerals within the licensing authority of the Ministry of Natural Resources and Environment.

6. For the act of not paying the fee for mining rights as notified by the competent state agency, in addition to being subject to penalties according to the Law on Tax Administration, organizations and individuals committing such violations shall also be subject to supplementary sanctions of revoking the right to use the Mining Permit for 04 (four) months to 06 (six) months.

Article 29. Violations of provisions on mining areas

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of marking corner points of the permitted mining area not in accordance with the prescribed standards or failing to fully mark the corner points in accordance with the prescribed standards at the corners of the permitted mining area.

2. A fine shall be imposed for the act of failing to mark the corner points in accordance with the prescribed standards at the corners of the permitted mining area, specifically as follows:

a) VND 6,000,000 to VND 10,000,000 for common construction materials minerals of business households;

b) VND 20,000,000 to VND 30,000,000 for minerals under the licensing authority of the provincial People's Committee, except in the case provided for in Point a Clause of this Subsection;

c) VND 30,000,000 to VND 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. A fine shall be imposed for the act of mining beyond the permitted area up to 10% of the total area or height of the permitted mining area, specifically as follows:

a) VND 30,000,000 to VND 50,000,000 for common construction materials minerals of business households;

b) VND 50,000,000 to VND 70,000,000 for minerals under the licensing authority of the provincial People's Committee, except in the case provided for in Point a Clause of this Subsection;

c) VND 70,000,000 to VND 100,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

4. Additional forms of administrative punishment:

a) Confiscation of all minerals mined within the excess area or height outside the permitted mining area in cases of violations stipulated in Clause 3 of this Article;

b) Suspension of the right to use the Mining License from 01 (one) to 03 (three) months in cases of violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Obligation to backfill, restore the environment, implement measures to bring areas that have been mined beyond the permitted area or height to a safe state; obligation to return illegal profits obtained from administrative violations as stipulated in Clause 3 of this Article.

Article 30. Violations of provisions on mine design

1. A fine shall be imposed for the act of not submitting the approved mine design to the competent state management agency as prescribed, specifically as follows:

a) VND 2,000,000 to VND 5,000,000 for common construction materials minerals of business households;

b) VND 10,000,000 to VND 20,000,000 for minerals under the licensing authority of the provincial People's Committee, except in the case provided for in Point a Clause of this Subsection;

c) VND 30,000,000 to VND 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

2. A fine shall be imposed for one of the acts of mining minerals not in accordance with the approved mining technology or method specified in the approved mine design or stated in the Mining License, investment project for mineral exploitation without written permission from the competent state agency, specifically as follows:

a) VND 10,000,000 to VND 20,000,000 for common construction materials minerals of business households;

b) VND 30,000,000 to VND 50,000,000 for common construction materials minerals not using industrial explosives; mining mud coal;

c) VND 50,000,000 to VND 70,000,000 for common construction materials minerals using industrial explosives;

d) VND 70,000,000 to VND 100,000,000 for open-pit mining, except in the cases provided for in Points a, b, c and Point e of this Subsection;

đ) VND 100,000,000 to VND 150,000,000 for underground mining, except in the cases provided for in Points a, b, c and Point e of this Subsection;

e) VND 150,000,000 to VND 200,000,000 for hazardous minerals.

3. A fine shall be imposed for the act of mining without an approved mine design as prescribed, specifically as follows:

a) VND 10,000,000 to VND 20,000,000 for common construction materials minerals of business households;

b) VND 50,000,000 to VND 70,000,000 for common construction materials minerals not using industrial explosives, except in the case provided for in Point a Clause of this Subsection; mining mud coal;

c) VND 70,000,000 to VND 100,000,000 for common construction materials minerals using industrial explosives, except in the case provided for in Point a Clause of this Subsection;

d) VND 100,000,000 to VND 200,000,000 for open-pit mining, except in the cases provided for in Points a, b, c and Point e of this Subsection;

đ) VND 200,000,000 to VND 300,000,000 for underground mining, except in the cases provided for in Points a, b, c and Point e of this Subsection;

e) VND 300,000,000 to VND 400,000,000 for hazardous minerals.

4. Additional forms of administrative punishment:

Suspension of the right to use the Mining License from 06 (six) to 12 (twelve) months for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 31. Violations concerning the provisions on Mine Management Directors

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Signing contracts to serve as Mine Management Director to manage mining activities under two (2) or more Mineral Extraction Licenses at the same time;

b) Not notifying in writing about the professional qualifications and capabilities of the Mine Management Director to the competent state management agency issuing mineral extraction licenses;

c) Appointing one person as Mine Management Director to manage mining activities (at the same time) under two (2) or more Mineral Extraction Licenses.

2. A fine shall be imposed for the act of appointing a Mine Management Director not meeting the prescribed criteria, specifically as follows:

a) VND 6,000,000 to VND 10,000,000 for common construction materials minerals of business households;

b) From VND 10,000,000 to VND 20,000,000 for ordinary construction materials minerals that do not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From VND 30,000,000 to VND 50,000,000 for other minerals within the licensing authority of provincial People's Committees, except in cases provided for in Points a and b of this Clause;

d) From VND 50,000,000 to VND 70,000,000 for minerals within the licensing authority of the Ministry of Natural Resources and Environment, except in cases provided for in Point đ of this Clause;

đ) From VND 70,000,000 to VND 100,000,000 for hazardous minerals.

3. A fine shall be imposed for the act of mining without a Mine Management Director, specifically as follows:

a) VND 10,000,000 to VND 20,000,000 for common construction materials minerals of business households;

b) From VND 30,000,000 to VND 50,000,000 for ordinary construction materials minerals that do not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From VND 50,000,000 to VND 70,000,000 for ordinary construction materials minerals that use industrial explosives, except in cases provided for in Point a of this Clause;

d) From VND 70,000,000 to VND 100,000,000 for open-pit mining, except in cases provided for in Points a, b, c and e of this Clause;

đ) From VND 120,000,000 to VND 150,000,000 for underground mining, except in cases provided for in Points a, b, c and e of this Clause;

e) From VND 160,000,000 to VND 200,000,000 for the case of hazardous minerals mining.

4. Additional forms of administrative punishment:

a) Suspension of mineral extraction operations for three (3) to six (6) months for violations stipulated in Points a and b of Clause 3 of this Article;

b) Revocation of the right to use Mineral Extraction Licenses for three (3) to six (6) months for cases violating the provisions stipulated in Points c, d, đ and e of Clause 3 of this Article.

Article 32. Violations concerning the provisions on establishing current status maps, cross-section drawings of the permitted mining area; inventory and stocktaking of mineral reserves and extracted mineral production

1. A fine shall be imposed for the act of not managing and retaining all required current status mine maps and cross-section drawings of the permitted mining area according to regulations, specifically as follows:

a) From VND 3,000,000 to VND 5,000,000 for household business ordinary construction materials minerals mining;

b) From VND 10,000,000 to VND 20,000,000 for ordinary construction materials minerals mining that does not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From VND 20,000,000 to VND 30,000,000 for ordinary construction materials minerals mining that uses industrial explosives, except in cases provided for in Point a of this Clause;

d) From VND 30,000,000 to VND 50,000,000 for open-pit mining, except in cases provided for in Points a, b, c and e of this Clause;

đ) From VND 50,000,000 to VND 70,000,000 for underground mining, except in cases provided for in Points a, b, c and e of this Clause;

e) From VND 70,000,000 to VND 100,000,000 for hazardous minerals mining.

2. A fine shall be imposed for acts of establishing current status mine maps and cross-section drawings of the permitted mining area but with information and data on the maps and cross-sections that are inconsistent with the actual current mining situation (except for riverbed sand, gravel, sea beach sand, hot water, and mineral water mining) as follows:

a) From VND 3,000,000 to VND 5,000,000 for ordinary construction materials minerals mining of household businesses;

b) From VND 10,000,000 to VND 20,000,000 for ordinary construction materials minerals that do not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From VND 30,000,000 to VND 50,000,000 for ordinary construction materials minerals mining that uses industrial explosives, except in cases provided for in Point a of this Clause;

d) From VND 50,000,000 to VND 70,000,000 for open-pit mining, except in cases provided for in Points a, b, c and e of this Clause;

đ) From VND 70,000,000 to VND 100,000,000 for underground mining, except in cases provided for in Points a, b, c and e of this Clause;

e) From VND 120,000,000 to VND 150,000,000 for hazardous minerals mining.

3. A fine shall be imposed for acts of not establishing current status mine maps; not establishing cross-section drawings of the permitted mining area, specifically as follows:

a) From VND 10,000,000 to VND 20,000,000 for ordinary construction materials minerals mining of household businesses;

b) From VND 30,000,000 to VND 50,000,000 for ordinary construction materials minerals mining that does not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From VND 50,000,000 to VND 70,000,000 for ordinary construction materials minerals mining that uses industrial explosives, except in cases provided for in Point a of this Clause;

d) From VND 70,000,000 to VND 100,000,000 for open-pit mining, except in cases provided for in Points a, b, c and e of this Clause;

đ) From VND 100,000,000 to VND 150,000,000 for underground mining, except in cases provided for in Points a, b, c and e of this Clause;

e) From VND 150,000,000 to VND 200,000,000 for hazardous minerals mining.

4. A fine shall be imposed for the act of not submitting or submitting the results of statistics and inventory of remaining mineral reserves in the permitted mining area to the competent state management agency later than thirty days from the last day of the periodic reporting period for mining activities:

a) From twenty million dong to thirty million dong for the exploitation of common construction materials minerals by a business household;

b) From thirty million dong to fifty million dong for the exploitation of minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From seventy million dong to one hundred million dong for the exploitation of minerals within the licensing authority of the Ministry of Natural Resources and Environment.

5. A fine shall be imposed for the act of not conducting statistics and inventory of remaining mineral reserves in the permitted mining area, specifically as follows:

a) From thirty million dong to fifty million dong for the exploitation of common construction materials minerals by a business household;

b) From fifty million dong to seventy million dong for the exploitation of minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From seventy million dong to one hundred million dong for the exploitation of minerals within the licensing authority of the Ministry of Natural Resources and Environment.

6. Additional forms of punishment:

a) Revocation of the right to use the Mining License for two to four months for violations of the provisions of Clause 3 of this Article;

b) Revocation of the right to use the Mining License for four to six months for violations of the provisions of Clause 5 of this Article.

Article 33. Violation of the permitted capacity for exploitation

1. A fine shall be imposed for the act of exploiting beyond ten percent of the permitted annual capacity stated in the Mining License, specifically as follows:

a) VND 10,000,000 to VND 20,000,000 for common construction materials minerals of business households;

b) From VND 30,000,000 to VND 50,000,000 for ordinary construction materials minerals mining that does not use industrial explosives, except in cases provided for in Point a of this Clause; mud coal mining;

c) From fifty million dong to seventy million dong for the exploitation of common construction materials minerals using industrial explosives, except for cases stipulated in Point a of this Clause; exploitation of mineral water, riverbed sand and gravel;

d) From seventy million dong to one hundred million dong for the exploitation of other types of minerals, except for cases already stipulated in Points a, b, and Point c of this Clause;

đ) From one hundred twenty million dong to one hundred fifty million dong for the exploitation of gold, silver, platinum, hazardous minerals.

2. A fine shall be imposed for the act of exploiting beyond ten percent up to twenty percent of the permitted annual capacity stated in the Mining License, specifically as follows:

a) From thirty million dong to fifty million dong for the exploitation of common construction materials minerals by a business household;

b) VND 50,000,000 to VND 70,000,000 for common construction materials minerals not using industrial explosives, except in the case provided for in Point a Clause of this Subsection; mining mud coal;

c) From seventy million dong to one hundred million dong for the exploitation of common construction materials minerals using industrial explosives, except for cases stipulated in Point a of this Clause; exploitation of mineral water, riverbed sand and gravel;

d) From one hundred twenty million dong to one hundred fifty million dong for the exploitation of other types of minerals, except for cases already stipulated in Points a, b, and Point c of this Clause;

đ) From one hundred sixty million dong to two hundred million dong for the exploitation of gold, silver, platinum, hazardous minerals.

3. A fine shall be imposed for the act of exploiting beyond twenty percent up to fifty percent of the permitted annual capacity stated in the Mining License, specifically as follows:

a) From thirty million dong to fifty million dong for the exploitation of common construction materials minerals by a business household;

b) From seventy million dong to one hundred million dong for the exploitation of common construction materials minerals without using industrial explosives, except for cases stipulated in Point a of this Clause; exploitation of mud coal;

c) From one hundred twenty million dong to one hundred fifty million dong for the exploitation of common construction materials minerals using industrial explosives, except for cases stipulated in Point a of this Clause; exploitation of mineral water, riverbed sand and gravel;

d) From one hundred sixty million dong to two hundred million dong for the exploitation of other types of minerals, except for cases already stipulated in Points a, b, and Point c of this Clause;

đ) From two hundred ten million dong to two hundred fifty million dong for the exploitation of gold, silver, platinum, hazardous minerals.

4. Additional forms of administrative punishment:

a) Confiscation of all objects involved, which are minerals exploited beyond the permitted capacity stated in the Mining License;

b) Revocation of the right to use the Mining License for two to four months for violations of the provisions of Clause 2 of this Article;

c) Revocation of the right to use the Mining License for four to six months for violations of the provisions of Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the implementation of measures to remediate environmental pollution and damage to technical infrastructure; compel the return of the entire volume of minerals or the monetary value obtained due to exploitation beyond the permitted capacity.

Article 34. Violation of provisions on exploitation of common construction materials without the need to apply for a Mining Exploitation License

1. Fine for the act of exploiting common construction materials within the land area under the right of use of households and individuals but not using it to build household and individual projects within that area, specifically as follows:

a) From VND 6,000,000 to VND 10,000,000 for the case where the exploited mineral is given or gifted to others after exploitation;

b) From VND 10,000,000 to VND 20,000,000 for the case where the exploited mineral is sold to other organizations or individuals after exploitation.

2. Fine from VND 50,000,000 to VND 70,000,000 for one of the acts of failing to register the exploitation area, capacity, volume, method, equipment, and plan at the People's Committee of the province where the mineral is being exploited for the exploitation of common construction materials within the land area of investment projects for construction works approved or permitted by competent state agencies, with the products of exploitation being used for constructing such works.

3. Fine for the act of exploiting common construction materials within the land area of investment projects for construction works approved or permitted by competent state agencies, but the products of exploitation are not used for constructing such works, specifically as follows:

a) From VND 50,000,000 to VND 70,000,000 for the case where the exploited mineral is used for other projects or works;

b) From VND 70,000,000 to VND 100,000,000 for the case where the exploited mineral is sold to other organizations or individuals.

4. Additional forms of administrative punishment:

Confiscate all objects of evidence which are minerals but not used to construct household or individual projects or organizational projects for violations stipulated in Clause 1 and Clause 3 of this Article.

5. Measures to remedy consequences:

Order to return the illegal gains obtained from the administrative violation for violations stipulated in Clause 1 and Clause 3 of this Article.

Article 35. Violation of provisions on transfer of mining exploitation rights

Fine for the act of implementing the transfer of mining exploitation rights without the approval of the competent state management agency, specifically as follows:

1. From VND 30,000,000 to VND 50,000,000 for the exploitation of common construction materials by business households.

2. From VND 120,000,000 to VND 150,000,000 for other exploitation activities under the licensing authority of the provincial People's Committee, except for the cases stipulated in Clause 1 of this Article.

3. From VND 260,000,000 to VND 300,000,000 for exploitation activities under the licensing authority of the Ministry of Natural Resources and Environment.

Article 36. Violation of obligations when winning the auction for mining exploitation rights

1. Fine from VND 20,000,000 to VND 30,000,000 for the act of failing to submit the application for a Mineral Exploration License to the competent state agency within six months from the end of the auction session as prescribed.

2. Fine from VND 30,000,000 to VND 50,000,000 for the act of failing to submit the application for a Mining Exploitation License to the competent state agency within twelve months from the end of the auction session as prescribed.

3. For the act of failing to pay the auction-winning price for mining exploitation rights as notified by the competent state agency, in addition to being subject to tax management law violations, organizations and individuals committing such violations will also be subject to supplementary sanctions in the form of revoking the Mining Exploitation License for four to six months.

Article 37. Violations of other provisions in mineral exploitation

1. A fine shall be imposed for the act of exploiting ordinary construction materials without using industrial explosives without a Mineral Exploitation Permit, specifically as follows:

a) From VND 3,000,000 to VND 5,000,000 when the volume of minerals exploited does not exceed 5 cubic meters³Initially, meet the demand by improving and upgrading Tam Phu Nhan reservoir with a capacity of 120,000 m

b) From VND 6,000,000 to VND 10,000,000 when the volume of minerals exploited exceeds 5 cubic meters³ to less than ten meters³Initially, meet the demand by improving and upgrading Tam Phu Nhan reservoir with a capacity of 120,000 m

c) From VND 12,000,000 to VND 20,000,000 when the volume of minerals exploited exceeds 10 cubic meters³ up to but not including 15 cubic meters³Initially, meet the demand by improving and upgrading Tam Phu Nhan reservoir with a capacity of 120,000 m

d) From VND 30,000,000 to VND 40,000,000 when the volume of minerals exploited exceeds 15 cubic meters³ to less than twenty meters³Initially, meet the demand by improving and upgrading Tam Phu Nhan reservoir with a capacity of 120,000 m

đ) From VND 50,000,000 to VND 60,000,000 when the volume of minerals exploited exceeds 20 cubic meters³ up to but not including 25 cubic meters³Initially, meet the demand by improving and upgrading Tam Phu Nhan reservoir with a capacity of 120,000 m

e) From VND 50,000,000 to VND 70,000,000 when the volume of minerals exploited exceeds 25 cubic meters³per day or more.

2. A fine shall be imposed for the act of exploiting minerals when the Mineral Exploitation Permit has expired (except in cases where an application for extension of the Mineral Exploitation Permit is being considered by the competent authority according to regulations) or exploiting minerals during the period when the right to use the Mineral Exploitation Permit has been revoked; exploiting minerals exceeding 50% up to 100% of the permitted annual capacity specified in the Mineral Exploitation Permit, specifically as follows:

a) From VND 40,000,000 to VND 60,000,000 for the exploitation of ordinary construction materials by a business household;

b) From VND 80,000,000 to VND 110,000,000 for the exploitation of ordinary construction materials without using industrial explosives, except in the case provided for in Point a Clause 2; exploitation of mud coal;

c) From VND 140,000,000 to VND 160,000,000 for the exploitation of ordinary construction materials using industrial explosives, except in the cases provided for in Points a and b Clause 2; exploitation of mineral water, river sand and gravel;

d) From VND 180,000,000 to VND 210,000,000 for the exploitation of other types of minerals, except in the cases provided for in Points a, b, and c Clause 2;

đ) From VND 230,000,000 to VND 260,000,000 for the exploitation of gold, silver, platinum, and harmful minerals.

3. A fine shall be imposed for the act of exploiting minerals without a Mineral Exploitation Permit as prescribed, except in the cases provided for in Clause 1 of this Article or exploiting minerals exceeding 100% of the permitted annual capacity specified in the Mineral Exploitation Permit, specifically as follows:

a) From VND 50,000,000 to VND 70,000,000 for the exploitation of ordinary construction materials by a business household;

b) From VND 150,000,000 to VND 200,000,000 for the exploitation of ordinary construction materials without using industrial explosives; exploitation of mud coal;

c) From VND 250,000,000 to VND 300,000,000 for raw materials for cement production, ordinary construction materials using industrial explosives; exploitation of mineral water;

d) From VND 500,000,000 to VND 600,000,000 for other types of minerals, except in the cases provided for in Points a, b, and c Clause 3;

đ) From VND 800,000,000 to VND 1,000,000,000 for gold, precious stones, silver, platinum, and harmful minerals.

4. Additional forms of administrative punishment:

a) Confiscation of all evidence items which are minerals; confiscation of means of transport used to commit administrative violations as stipulated in this Article;

b) Suspension of mineral exploitation activities from six to twelve months for cases violating the provisions of Clause 2 and Clause 3 of this Article;

c) Revocation of the right to use the Mineral Exploitation Permit from six to twelve months for cases of exploiting minerals exceeding 100% of the capacity specified in Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the implementation of measures to restore the environment in the area that has been exploited, bringing the exploitation area back to a safe state for cases violating the provisions of Clause 1 and Clause 3 of this Article.

Article 38. Violation of provisions on closing mineral mines

1. A fine shall be imposed for the act of not fully implementing measures to bring the mining area back to a safe state and restore land as determined in the mine closure project approved by the competent authority, specifically as follows:

a) From VND 10,000,000 to VND 20,000,000 for ordinary construction materials minerals mining of household businesses;

b) From VND 30,000,000 to VND 50,000,000 for mining activities under the licensing authority of the provincial People's Committee, except in cases stipulated in Point a Clause of this Article;

c) From VND 50,000,000 to VND 70,000,000 for mining activities under the licensing authority of the Ministry of Natural Resources and Environment.

2. A fine shall be imposed for the act of not implementing measures to bring the mining area back to a safe state and restore land as determined in the mine closure project approved by the competent authority, specifically as follows:

a) From twenty million dong to thirty million dong for the exploitation of common construction materials minerals by a business household;

b) From fifty million dong to seventy million dong for the exploitation of minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From seventy million dong to one hundred million dong for the exploitation of minerals within the licensing authority of the Ministry of Natural Resources and Environment.

3. A fine shall be imposed for the act of not preparing a mine closure project for cases prescribed in Article 73 of the Mineral Law, specifically as follows:

a) From thirty million dong to fifty million dong for the exploitation of common construction materials minerals by a business household;

b) From fifty million dong to seventy million dong for the exploitation of minerals within the licensing authority of the provincial People's Committee, except for cases stipulated in Point a of this Clause;

c) From seventy million dong to one hundred million dong for the exploitation of minerals within the licensing authority of the Ministry of Natural Resources and Environment.

4. A fine from VND 200,000,000 to VND 300,000,000 shall be imposed for the act of dismantling or destroying facilities and equipment ensuring mine safety and environmental protection in the mining area when the permit has ceased to be effective.

5. Measures to remedy consequences:

a) Order to fully implement measures to bring the mining area back to a safe state and restore land according to the mine closure project approved by the competent authority for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order to restore or rebuild facilities and equipment ensuring mine safety and environmental protection in the mining area for violations stipulated in Clause 4 of this Article.

Article 39. Violation of provisions concerning the legitimate rights of localities and people where minerals are mined

1. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of not fully implementing upgrading, maintenance, and construction of transportation routes serving mining activities as determined in the investment project for mining works and approved mine design.

2. A fine from VND 70,000,000 to VND 100,000,000 shall be imposed for the act of not implementing upgrading, maintenance, and construction of transportation routes serving mining activities as determined in the investment project for mining works and approved mine design.

3. Measures to remedy consequences:

Order to fully implement upgrading, maintenance, and construction of transportation routes for violations stipulated in this Article.

Article 40. Violation of provisions on using information about minerals

1. A fine from VND 25,000,000 to VND 40,000,000 shall be imposed for the act of using mineral information to prepare exploration projects or investment projects for mining without such information being provided by authorized state agencies as prescribed.

2. A fine from VND 70,000,000 to VND 100,000,000 or suspension of the right to use the Mining Permit for a period of three to six months shall be imposed for the act of not returning the costs of basic geological investigation about minerals and exploration costs when using mineral information for mining purposes (except in cases where basic geological investigation about minerals and exploration have been invested in accordance with regulations).

Article 41. Violation of reporting requirements for newly discovered minerals during mineral investigation, exploration, and exploitation

1. A fine of from twenty million to thirty million dong shall be imposed on the act of not fully reporting all types of minerals discovered in the area of mineral investigation, assessment, and exploration to the competent state management agency issuing the permit.

2. A fine of from thirty million to fifty million dong shall be imposed on the act of not reporting all types of minerals discovered in the area of mineral investigation, assessment, and exploration to the competent state management agency issuing the permit.

3. A fine of from seventy million to one hundred million dong shall be imposed on the act of discovering new minerals during exploitation without reporting in writing to the competent state management agency issuing the permit.

4. Additional forms of administrative punishment:

The right to use the Mineral Exploitation Permit shall be revoked for three (three) to six (six) months for violations stipulated in Clause 3 of this Article.

Article 42. Violation of regulations in basic geological survey related to minerals

1. A fine of from five million to ten million dong shall be imposed on the act of not registering the basic geological survey activities related to minerals with the competent state management agency on minerals before implementation as prescribed.

2. A fine of from ten million to twenty million dong shall be imposed on the act of conducting the basic geological survey related to minerals not in accordance with the project approved by the competent state management agency.

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

a) Disclosing geological and mineral information during the basic geological survey related to minerals;

b) Not implementing environmental protection measures; protecting unexploited minerals during the basic geological survey related to minerals;

c) Submitting the report on the results of the basic geological survey related to minerals and geological samples to the competent state management agency on minerals late by more than thirty (thirty) days;

d) Conducting the basic geological survey related to minerals without written permission from the competent state agency.

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

a) Not submitting the report on the results of the basic geological survey related to minerals for approval by the competent state management agency;

b) Not submitting the report on the results of the basic geological survey related to minerals and geological samples to the competent state management agency on minerals as prescribed.

Article 43. Violations of other provisions on mineral management

1. A fine shall be imposed on the act of exploiting minerals under the guise of exploration, specifically as follows:

a) From thirty million to fifty million dong for ordinary construction material mineral exploration by individual businesses;

b) From sixty million to one hundred million dong for mineral exploration within the licensing authority of the provincial People's Committee, except in cases provided for in Point a of this Clause;

c) From one hundred and twenty million to two hundred million dong for mineral exploration within the licensing authority of the Ministry of Natural Resources and Environment;

d) From four hundred million to five hundred million dong for precious stone, gold, silver, platinum mineral exploration.

2. A fine of from seventy million to one hundred million dong shall be imposed on the act of exploiting minerals causing losses exceeding ten percent compared to the loss quota determined in the mineral exploitation investment project, approved mine design.

3. A fine of from one hundred and fifty million to two hundred million dong shall be imposed on the act of not recovering accompanying minerals as determined in the approved investment project.

4. Additional forms of administrative punishment:

a) Confiscation of all evidence items which are minerals in cases of violation stipulated in Clause 1 of this Article;

b) Revocation of the right to use the Mineral Exploration Permit for six (six) to twelve (twelve) months for violations stipulated in Points b, c, and d of Clause 1 of this Article;

c) Revocation of the right to use the Mineral Exploitation Permit for three (three) to six (six) months for violations stipulated in Clause 2 and Clause 3 of this Article.

Chapter IV
AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND APPLY REMEDIAL MEASURES FOR CONSEQUENCES IN THE FIELD OF WATER RESOURCES AND MINERALS

Article 44. Inspection Authority

1. Specialized inspectors, persons assigned to perform specialized inspection tasks for natural resources and environment management while performing their duties have the right:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations with a value not exceeding 500,000 VND;

d) To apply remedial measures prescribed in Points c and i Clause 3 Article 2 of this Decree.

2. Heads of Natural Resources and Environment Inspectors' Office; Leaders of specialized inspection teams established by the Director General of the Vietnam Geological and Mineral Resources Administration, the Director of the Department, and the Head of the Natural Resources and Environment Inspectors' Office have the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding 50,000,000 VND;

đ) To apply remedial measures prescribed in this Decree.

3. Leaders of specialized inspection teams established by the Minister of Natural Resources and Environment, and the Head of the Natural Resources and Environment Inspectors' Office have the right:

a) To issue warnings;

b) To impose fines up to 175,000,000 VND for administrative violations in the field of water resources; impose fines up to 250,000,000 VND for administrative violations in the field of minerals;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the corresponding fine amount prescribed in Point b Clause of this Article;

đ) To apply remedial measures prescribed in this Decree.

4. The Head of the Natural Resources and Environment Inspectors' Office, the Director General of the Vietnam Geological and Mineral Resources Administration have the right:

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed in this Decree.

Article 45. Inspection 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 5,000,000;

c) To confiscate objects and means used for administrative violations with a value not exceeding 5,000,000 VND;

d) To apply remedial measures prescribed in Points c, e and i Clause 3 Article 2 of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding 50,000,000 VND;

đ) To apply remedial measures prescribed in this Decree.

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

a) To issue warnings;

b) To impose fines up to 250,000,000 VND for administrative violations in the field of water resources; impose fines up to 1,000,000,000 VND for administrative violations in the field of minerals;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed in this Decree.

Article 46. Administrative Violation Penalty Authority of Public Security Forces, Border Guard, Coast Guard, Customs, Forest Rangers, Tax Authorities, Maritime Port Inspection Units, Inland Waterway Port Inspection Units, Other Specialized Inspections

1. Persons authorized to impose penalties from public security agencies, border guard, coast guard, customs, forest rangers, tax authorities, maritime port inspection units, inland waterway port inspection units have the authority to impose administrative penalties and apply remedial measures for administrative violations stipulated in Chapters II and III of this Decree within their jurisdiction and functions, tasks, and powers assigned according to Articles 39, 40, 41, 42, 43, 44, 47, and Article 52 of the Law on Handling Administrative Violations.

2. Persons authorized to impose penalties from specialized inspection agencies have the authority to impose administrative penalties and apply remedial measures for administrative violations stipulated in Chapters II and III of this Decree within their respective fields and industries according to Article 46 and Article 52 of the Law on Handling Administrative Violations.

Article 47. Authority to Record Administrative Violations

1. Those authorized to issue administrative violation penalty records include:

a) Persons authorized to impose penalties for administrative violations in the fields of water resources and minerals;

b) Civil servants and officials belonging to agencies stipulated in Articles 44, 45, and 46 of this Decree while performing their duties and tasks.

2. Persons authorized to record administrative violations as stipulated in Clause 1 of this Article have the right to record administrative violations within the scope of their duties and tasks assigned according to the prescribed form and bear responsibility for recording the violation.

3. A single administrative violation shall only be recorded once. If an administrative violation has already been recorded, it shall not be recorded again for the same violation.

In cases where the violation has been recorded but the individual or organization continues to implement it despite being ordered to stop by the person authorized to impose penalties, when issuing a penalty decision for such violation, the person authorized shall apply additional aggravating circumstances prescribed in Point i Clause 1 Article 10 of the Law on Handling Administrative Violations.

4. In cases where individuals or organizations commit multiple administrative violations in the same incident or repeatedly, the penalty record must fully reflect all violations or the number of times they were committed.

Chapter V
IMPLEMENTING PROVISIONS

Article 48. Effective Date

1. This Decree takes effect from December 15, 2013.

2. This Decree replaces the following Government Decrees: No. 34/2005/NĐ-CP dated March 17, 2005 on administrative penalties in the field of water resources; No. 150/2004/NĐ-CP dated July 29, 2004 on administrative penalties in the field of minerals; No. 77/2007/NĐ-CP dated May 10, 2007 amending and supplementing certain articles of Government Decree No. 150/2004/NĐ-CP dated July 29, 2004 on administrative penalties in the field of minerals.

Article 49. Transitional Provisions

1. For violations that occurred before this Decree took effect but were not yet penalized and are under consideration or resolution, or were discovered after this Decree took effect, the provisions of Decree No. 34/2005/NĐ-CP, Decree No. 150/2004/NĐ-CP, and Decree No. 77/2007/NĐ-CP shall be applied for punishment. If the provisions on punishment in this Decree are more favorable to organizations and individuals, then the provisions of this Decree shall be applied for punishment.

2. For violations that have effective penalty decisions but have not been executed or have not been fully executed, the previous penalty decision shall be enforced.

Article 50. Implementation organization and responsibility for enforcement

1. The Minister of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for enforcing this Decree./.