Decree No. 155/2024/NĐ-CP stipulates administrative penalties for violations in the meteorology and hydrology sector.

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF METEOROLOGY AND HYDROLOGY

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

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

The Government promulgates this Decree to regulate administrative penalties for violations in the field of meteorology and hydrology.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative penalty, levels of administrative penalty, measures to mitigate consequences of administrative violations, authority to impose administrative penalties, and authority to issue administrative violation records in the field of meteorology and hydrology.

2. Acts of administrative violation in the field of meteorology and hydrology include:

a) Violations of regulations on permits for meteorological and hydrological forecasting and warning activities;

b) Violations of regulations on meteorological and hydrological forecasting and warning;

c) Violations of regulations on transmitting and broadcasting meteorological and hydrological forecasting and warning bulletins;

d) Violations of regulations on managing and operating meteorological and hydrological station networks;

đ) Violations of regulations on providing, exploiting, using, and exchanging meteorological and hydrological information and data;

e) Violations of regulations on exploiting and protecting meteorological and hydrological works;

g) Violations of regulations on influencing weather;

h) Other violations in the field of meteorology and hydrology as prescribed in this Decree.

3. For acts of administrative violation related to the field of meteorology and hydrology that are not specified in this Decree, they shall be handled according to the provisions of other Government Decrees on administrative penalties in other state management fields relevant to such violations.

4. Acts of administrative violation concerning the use, inspection, and calibration of meteorological and hydrological measurement instruments shall be penalized according to the laws on metrology.

5. Administrative penalties for violations in the field of meteorology and hydrology against press agencies shall be carried out according to the laws on press and the laws on handling administrative violations in press and publishing activities.

6. Administrative penalties for acts of administrative violation related to meteorological activities in the civil aviation sector shall be carried out according to the laws on civil aviation and the laws on handling administrative violations in the civil aviation sector.

In cases where acts of administrative violation related to meteorological activities in the civil aviation sector are not regulated by the laws on handling administrative violations in the civil aviation sector, they shall be handled according to the provisions of this Decree.

Article 2. Applicability

1. Vietnamese organizations and individuals, foreign organizations and individuals committing administrative violations in the field of meteorology and hydrology within the territory of the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Organizations subject to administrative penalties in the field of meteorology and hydrology as stipulated in Clause 1 of this Article include:

a) Economic organizations established under the Law on Enterprises and the Law on Cooperatives, including: private enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises (branches, representative offices), cooperatives, cooperative unions;

b) State agencies committing violations that are not part of their assigned state management tasks;

c) Political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, public service units, and other organizations established under the law committing violations that are not part of their assigned tasks by competent state management authorities;

d) Foreign organizations and individuals participating in meteorological and hydrological activities within the territory of the Socialist Republic of Vietnam;

đ) Other organizations operating within the territory of the Socialist Republic of Vietnam.

3. Persons authorized to issue administrative violation records and impose administrative penalties, and other organizations and individuals related thereto are prescribed in this Decree.

4. Individual businesses and households committing administrative violations as stipulated in this Decree shall be subject to administrative penalties as if they were individuals.

5. Civil servants, public officials, employees, members of the People's Army, People's Public Security, and personnel engaged in confidential work who commit violations in the field of meteorology and hydrology while performing official duties and such violations fall within the scope of their official duties shall not be subject to administrative penalties under the laws on handling administrative violations in the field of meteorology and hydrology but shall be dealt with according to relevant laws. State agencies committing violations within the scope of their state management tasks in the field of meteorology and hydrology shall not be subject to administrative penalties under the laws on handling administrative violations in the field of meteorology and hydrology but shall be dealt with according to relevant laws.

Article 3. Statute of limitations for administrative violations, completed violations, ongoing violations

1. The statute of limitations for administrative violations in the field of meteorology and hydrology is one year.

2. The following violations are deemed to have ended, and the time of cessation of the violation is the time when organizations and individuals complete the reporting, notification, or declaration period as follows:

a) Failure to report or incomplete reporting of the results of weather forecasting and warning activities as stipulated in Clause 1, Article 7 of this Decree;

b) Failure to notify the Ministry of Natural Resources and Environment and provincial-level meteorological and hydrological management agencies where the station is located after establishing a specialized meteorological and hydrological station as stipulated in Clause 1, Article 10 of this Decree;

c) Failure to notify the Ministry of Natural Resources and Environment and provincial-level meteorological and hydrological management agencies where the station is located after relocating a specialized meteorological and hydrological station as stipulated in Clause 2, Article 10 of this Decree;

d) Failure to notify the Ministry of Natural Resources and Environment and provincial-level meteorological and hydrological management agencies where the station is located after dissolving a specialized meteorological and hydrological station as stipulated in Clause 3, Article 10 of this Decree;

đ) Failure to report or incomplete or false reporting on information exchange, data, and climate change monitoring activities with international organizations and foreign organizations and individuals as required by Clause 2, Article 14 of this Decree;

e) Failure to publicly notify the local community before conducting weather modification activities as stipulated in Clause 3, Article 15 of this Decree.

3. For violations not covered under Clause 2 of this Article, the time of cessation of the violation is the time when organizations and individuals complete their obligation to comply with the regulations or the time they begin to comply with the regulations.

4. Administrative violations in the field of meteorology and hydrology that are not covered under Clauses 2 and 3 of this Article but were completed before the competent authority discovered the violation shall be considered as completed violations.

5. In cases where the violation is discovered before the obligation to comply with the regulations has been completed or before organizations and individuals have complied with the regulations, it shall be considered as an ongoing administrative violation.

Article 4. Forms and levels of administrative penalties and measures to remedy consequences

1. Main forms of penalty and levels of fines:

For each administrative violation in the field of meteorology and hydrology, the violator must bear the main form of penalty which is a fine. The maximum fine for a single administrative violation in the field of meteorology and hydrology is VND 50,000,000 for individuals and VND 100,000,000 for organizations.

2. Additional forms of punishment:

a) Suspension of the right to use the license for weather forecasting and warning activities from one month to twelve months;

b) Confiscation of objects and means used to commit the violation.

3. In addition to the main forms of penalty and supplementary penalties, depending on the nature and severity of the violation, organizations and individuals committing administrative violations may also be subject to remedial measures provided for in Points a, e, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and the following remedial measures:

a) Compel the violator to cancel the results, products, data, bulletins, publications obtained through the violation;

b) Compel the violator to supplement or install observation stations or meteorological and hydrological measurement equipment;

c) Compel the violator to organize meteorological and hydrological observations;

d) Compel the violator to notify about the establishment, relocation, or dissolution of specialized meteorological and hydrological stations;

đ) Compel the violator to report or provide meteorological and hydrological information and data;

e) Compel the violator to return licenses that have been altered or tampered with.

4. The amount of illegal profit obtained from committing the violation as specified in Articles 6(1), (2), and (3); Article 11(4); Articles 13(3) and (4); Article 14(3); and Point b of Article 15(4) of this Decree shall be determined as follows:

a) The amount of illegal profit obtained in cases of administrative violations as specified in Articles 6(1), (2), and (3) of this Decree is the total amount of money received by organizations and individuals when committing the violation minus direct costs calculated according to economic and technical norms and unit prices for producing weather forecasting and warning bulletins based on documented evidence proving the legality and validity of the costs provided by the violators;

b) The amount of illegal profit obtained in cases of administrative violations as specified in Article 11(4) of this Decree is the total amount of money received from using stolen meteorological and hydrological information and data for trading and exchange activities;

c) The amount of illegal profit obtained in cases of administrative violations as specified in Article 13(3) of this Decree is the total amount of money received from using free-provided meteorological and hydrological information and data for trading and exchange activities for profit;

d) The amount of illegal profit obtained in cases of administrative violations as specified in Article 13(4) of this Decree is the total amount of money received from consulting, designing, and investing in construction projects using unclearly sourced meteorological and hydrological information and data or using unconfirmed meteorological and hydrological information and data for consulting, designing, and investing in construction projects;

đ) The amount of illegal profit obtained in cases of administrative violations as specified in Article 14(3) of this Decree is the total amount of money received from exchanging meteorological and hydrological information and data for climate change monitoring without the consent of the Ministry of Natural Resources and Environment.

e) The amount of illegal profit obtained in cases of administrative violations stipulated in point b, Clause 4, Article 15 of this Decree is the entire amount of money that organizations or individuals have received from committing the violation, minus the direct costs incurred to implement the action affecting the weather, based on documentation proving the legality and validity of these costs provided by the organization or individual committing the violation.

5. Implementing measures to rectify consequences requiring the return of a permit that has been altered, erased, or falsified, as specified in point c, Clause 1, Article 6 of this Decree.

Organizations or individuals who commit administrative violations shall submit the altered, erased, or falsified permit to the authority authorized to impose administrative penalties. In cases where the authority issuing the decision on administrative penalty is not simultaneously the authority or person authorized to issue the permit, within five working days from the date of issuance of the administrative penalty decision, the authority issuing the decision shall notify the authority or person authorized to issue the permit about the application of the measure to rectify consequences requiring the return of the altered, erased, or falsified permit.

Article 5. Application of fines in administrative penalties

1. The fine levels prescribed in Chapter II of this Decree apply to the administrative violations committed by individuals. For organizations committing the same violations, the fine level is twice the fine level for individuals.

2. The authority to impose fines as stipulated in Articles 16, 17, 18, 19, 20, 21, and 22 of this Decree applies to a single administrative violation committed by an individual; in cases of imposing fines for organizational violations, the authority imposing the fine shall be twice the fine level for individuals.

Chapter II
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, FINES, AND MEASURES TO RECTIFY CONSEQUENCES IN THE FIELD OF METEOROLOGY AND HYDROLOGY

Article 6. Violations concerning permits for meteorological and hydrological forecasting and warning activities

1. A fine of between 15,000,000 VND and 20,000,000 VND shall be imposed for any of the following violations:

a) Conducting forecasting and warning activities outside the scope permitted by the permit;

b) Providing forecasting and warning information to unauthorized recipients as per the permit;

c) Altering or erasing the permit's content;

d) Engaging in forecasting and warning activities when the permit has expired for less than six months;

đ) Failing to comply with the procedures registered in the application for the permit.

2. A fine of between 20,000,000 VND and 25,000,000 VND shall be imposed for lending or renting out the permit without authorization.

3. A fine of between 25,000,000 VND and 30,000,000 VND shall be imposed for any of the following violations:

a) Conducting forecasting and warning activities without a permit;

b) Conducting forecasting and warning activities when the permit has expired for six months or more.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the permit for forecasting and warning activities for a period of six to twelve months for violations stipulated in points a and b, Clause 1 of this Article;

b) Confiscation of objects and means used to commit violations stipulated in points c and d, Clause 1, Clause 2, and point b, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the submission of an altered, erased, or falsified permit to the authority authorized to impose administrative penalties for violations stipulated in point c, Clause 1 of this Article;

b) Compelling the surrender of all illegal profits obtained from committing violations stipulated in Clauses 1, 2, and 3 of this Article;

c) Compelling the cancellation of results, products, data, bulletins, and publications obtained from committing violations stipulated in Clause 1 and Clause 3 of this Article.

Article 7. Violations concerning meteorological and hydrological forecasting and warning activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not reporting or reporting incomplete results of meteorological and hydrological forecasting and warning activities as prescribed.

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

a) Failure to comply with technical regulations, technical standards, and specialized procedures for meteorological and hydrological forecasting and warning.

b) Failure to comply with technical regulations, technical standards, and specialized procedures for quality assessment in meteorological and hydrological forecasting and warning.

c) Failure to comply with technical regulations, technical standards, and specialized procedures regarding types of bulletins and forecast and warning deadlines.

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

a) Failure to conduct flow forecasting to reservoirs and the potential increase in reservoir water levels as prescribed by laws on dam and reservoir safety.

b) Issuing three consecutive unreliable weather and hydrological forecasting and warning bulletins within one month for each type of bulletin.

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

a) Intentionally providing inaccurate weather and hydrological forecasting and warning bulletins.

b) Intentionally violating technical regulations, technical standards, and specialized procedures in meteorological and hydrological forecasting and warning activities.

5. Additional forms of punishment:

a) Revocation of the right to use the license for meteorological and hydrological forecasting and warning activities for three to six months for violations stipulated in Clause 2 of this Article.

b) Revocation of the right to use the license for meteorological and hydrological forecasting and warning activities for six to twelve months for violations stipulated in Point b of Clause 3 of this Article.

Article 8. Violations concerning the transmission and broadcasting of weather and hydrological forecasting and warning bulletins

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transmitting or broadcasting weather and hydrological forecasting and warning bulletins without clearly indicating the source of the bulletin.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transmitting or broadcasting weather and hydrological forecasting and warning bulletins without a source.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of transmitting or broadcasting incomplete contents of weather and hydrological disaster forecasting and warning bulletins.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of transmitting or broadcasting weather and hydrological disaster forecasting and warning bulletins later than the prescribed time.

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

a) Failure to transmit or broadcast weather and hydrological disaster forecasting and warning bulletins.

b) Fraudulent representation of the source of weather and hydrological disaster forecasting and warning bulletins when transmitting or broadcasting.

c) Transmitting or broadcasting inaccurate weather and hydrological disaster forecasting and warning bulletins.

d) Intentionally disseminating false information about weather and hydrological disaster forecasting and warning activities.

6. Measures to remedy consequences:

Order to correct false or misleading information for violations stipulated in Points b, c, and d of Clause 5 of this Article.

Article 9. Violations concerning meteorological and hydrological observation

1. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Installing meteorological and hydrological measurement equipment at incorrect observation positions.

b) Observing at incorrect positions.

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

a) Observing insufficient meteorological and hydrological factors.

b) Observing at insufficient frequency.

c) Observing at incorrect times as prescribed.

3. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for the act of installing meteorological and hydrological observation stations that do not meet density requirements.

4. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of intentionally violating technical regulations, technical standards, and specialized procedures in meteorological and hydrological observation activities.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of failing to organize meteorological and hydrological observation activities.

6. Measures to remedy consequences:

a) Order to supplement or install meteorological and hydrological observation stations or measurement equipment for violations stipulated in Point a of Clause 1 and Clause 3 of this Article.

b) Order to organize meteorological and hydrological observation activities for violations stipulated in Clause 5 of this Article.

Article 10. Violation of provisions on the establishment, relocation, and dissolution of dedicated meteorological and hydrological stations of organizations and individuals

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not notifying the Ministry of Natural Resources and Environment and the provincial state management agency on meteorology and hydrology where the station is located after establishing a dedicated meteorological and hydrological station.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of not notifying the Ministry of Natural Resources and Environment and the provincial state management agency on meteorology and hydrology where the station is located after relocating a dedicated meteorological and hydrological station.

3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of not notifying the Ministry of Natural Resources and Environment and the provincial state management agency on meteorology and hydrology where the station is located after dissolving a dedicated meteorological and hydrological station.

4. Measures to remedy consequences:

Order notification regarding the establishment, relocation, and dissolution of dedicated meteorological and hydrological stations for violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 11. Violation of provisions on providing information and data from meteorological and hydrological observations

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts of violation:

a) Providing information and data from meteorological and hydrological observations not in accordance with the prescribed time;

b) Providing incomplete information and data from meteorological and hydrological observations.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of distorting information and data from meteorological and hydrological observations when providing them.

3. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of concealing or failing to provide information and data from meteorological and hydrological observations.

4. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of appropriating information and data on meteorology and hydrology.

5. Measures to remedy consequences:

a) Order reporting or providing information and data on meteorology and hydrology for the violation stipulated at point b Clause 1 and Clause 3 of this Article;

b) Order correction of false or misleading information for the violation stipulated at Clause 2 of this Article;

c) Order restitution of any unlawful profit obtained through the implementation of the violation stipulated at Clause 4 of this Article.

Article 12. Violation of provisions on exploitation and protection of meteorological and hydrological works

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

a) Lighting fires, spraying water affecting meteorological works within the station;

b) Obstructing the operation and exploitation of meteorological and hydrological works and equipment.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of taking water, discharging water in technical corridors that affects the operation of hydrological works.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for one of the following acts of violation:

a) Encroaching upon airspace, land surface, underground space, water surface, underwater space; planting trees, constructing buildings or placing materials, works, equipment within the technical corridor of meteorological and hydrological works that affect the operation of such works;

b) Building dams, blocking streams within the technical corridor that affect the operation of hydrological works within the station;

c) Dredging riverbeds, riverbanks, mining minerals within the technical corridor that affect the operation of hydrological works within the station;

d) Dumping waste, pollutants or placing construction materials within the riverbed, riverbanks within the technical corridor that affect the operation of hydrological works within the station;

đ) Placing heat-generating facilities that affect the operation of meteorological works within the station.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of moving, distorting, affecting, damaging boundary markers of technical corridors of meteorological and hydrological works.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of infringing upon, colliding with, destroying, moving, affecting, damaging meteorological and hydrological works, height markers, boundary markers of technical corridors of meteorological and hydrological works.

6. A fine shall be imposed for the act of damaging measuring instruments, communication equipment, or other technical equipment of meteorological and hydrological works as follows:

a) From VND 3,000,000 to VND 7,000,000 for the act of damaging measuring instruments, communication equipment, or technical equipment valued under VND 10,000,000;

b) From VND 8,000,000 to VND 10,000,000 for the act of damaging measuring instruments, communication equipment, and technical equipment valued from VND 10,000,000 to under VND 50,000,000;

c) From VND 10,000,000 to VND 15,000,000 for the act of damaging measuring instruments, communication equipment, or technical equipment valued from VND 50,000,000 to under VND 100,000,000;

d) From VND 20,000,000 to VND 30,000,000 for the act of damaging measuring instruments, communication equipment, or technical equipment valued from VND 100,000,000 to under VND 300,000,000;

đ) From VND 30,000,000 to VND 40,000,000 for the act of damaging measuring instruments, communication equipment, and technical equipment valued from VND 300,000,000 to VND 500,000,000;

e) From VND 40,000,000 to VND 50,000,000 for the act of damaging measuring instruments, communication equipment, or technical equipment valued over VND 500,000,000.

7. Administrative penalties for the act of anchoring, stopping, parking in unauthorized locations of vessels or other means of transport at meteorological and hydrological works shall be carried out in accordance with the laws in the fields of disaster prevention and control; irrigation; dyke management.

8. Additional forms of punishment:

Confiscate objects and means of transportation used to commit violations stipulated in Clause 1 and Clause 4 of this Article.

9. Remedial measures:

Order restoration to the original condition for violations stipulated at point b Clause 1, Clauses 2, 3, 4, 5, and 6 of this Article.

Article 13. Violations concerning the exploitation and use of meteorological and hydrological information and data

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not updating information and data up to the most recent year as of the time when the project, program, planning, economic and social development project is approved for design.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of using meteorological and hydrological information and data for purposes other than those intended.

3. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of using free-provided meteorological and hydrological information and data for commercial trading activities for profit-making purposes.

4. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Using meteorological and hydrological information and data without clear origin in consultancy, design, investment construction of projects and works, except where otherwise provided by law;

b) Using meteorological and hydrological information and data that have not been confirmed by authorized agencies, organizations, or individuals in consultancy, design, investment construction of projects and works, except where otherwise provided by law.

5. Measures to remedy consequences:

a) Order to report or provide meteorological and hydrological information and data for the violation stipulated in Clause 1 of this Article;

b) Order to return illegal profits obtained from the violation stipulated in Clauses 3 and 4 of this Article.

Article 14. Violations concerning the exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, foreign organizations, and individuals not under international treaties to which the Socialist Republic of Vietnam is a party

1. A fine shall be imposed for the act of failing to comply with any of the contents recorded in the agreement document of the Ministry of Natural Resources and Environment on the exchange of meteorological and hydrological information and data, climate change monitoring with international organizations, foreign organizations, and individuals not under international treaties to which the Socialist Republic of Vietnam is a party, as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of exchanging information and data not in accordance with the purpose of information and data exchange recorded in the agreement document;

b) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of exchanging information and data not in accordance with the name and address of the international organization, foreign organization, or individual recorded in the agreement document;

c) A fine of VND 7,000,000 to VND 9,000,000 shall be imposed for the act of exchanging or providing information and data not in accordance with the type, quantity of information and data recorded in the agreement document;

d) A fine of VND 9,000,000 to VND 11,000,000 shall be imposed for the act of exchanging information and data not in accordance with the time recorded in the agreement document;

đ) A fine of VND 11,000,000 to VND 13,000,000 shall be imposed for the act of exchanging information and data not in accordance with the form recorded in the agreement document;

e) A fine of VND 13,000,000 to VND 15,000,000 shall be imposed for the act of exchanging information and data not in accordance with the deadline recorded in the agreement document.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not reporting or reporting incompletely or falsely about the exchange of meteorological and hydrological information and data, climate change monitoring with international organizations, foreign organizations, and individuals to the Ministry of Natural Resources and Environment within the prescribed time limit.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of exchanging meteorological and hydrological information and data, climate change monitoring without an agreement document of the Ministry of Natural Resources and Environment.

4. Measures to remedy consequences:

a) Order to report or provide meteorological and hydrological information and data for the violation stipulated in Clause 2 of this Article;

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

Article 15. Violation of regulations on weather modification

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of implementing weather modification activities not in accordance with the approved weather modification plan.

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

a) Not adjusting the weather modification plan when there is a change in one of the basic contents of the weather modification plan as prescribed in Clause 2, Article 44 of the Law on Meteorology and Hydrology and the personnel listed in the approved weather modification plan, leading to an impact on the implementation of the plan;

b) Not adjusting the weather modification plan when there is an objective fluctuation in meteorological and hydrological conditions, national defense, and security that affects the implementation of the weather modification plan;

c) Not adjusting the weather modification plan when requested by the competent authority.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of not publicly informing the local community before conducting weather modification activities.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Not implementing safety measures and minimizing negative impacts as stipulated in the approved plan;

b) Conducting weather modification without an approved plan.

5. Additional forms of punishment:

Confiscate the objects and means used to commit the violation as prescribed in Clause 1 and point b, Clause 4 of this Article.

6. Measures to remedy consequences:

Order the return of illegal profits obtained from committing the violation as prescribed in point b, Clause 4 of this Article.

Chapter III
COMPETENCE TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE ADMINISTRATIVE SANCTIONS IN THE FIELD OF METEOROLOGY AND HYDROLOGY

Article 16. Competence of the Chairpersons of People's Committees at all levels to impose administrative sanctions

1. The Chairperson of the People's Committee at the commune level has the right to:

a) Imposing a fine up to VND 5,000,000;

b) Confiscating objects and means of administrative violations with a value not exceeding VND 10,000,000.

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

a) Imposing a fine up to VND 25,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

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

a) Imposing a fine up to VND 50,000,000 as prescribed in this Decree;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

Article 17. Competence of specialized environmental inspection agencies to impose administrative sanctions

1. The Chief Inspector of the Department of Natural Resources and Environment, the Chief Inspector of the Provincial Department of Natural Resources and Environment has the right:

a) Imposing a fine up to VND 25,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

2. The Head of the specialized inspection team of the Ministry of Natural Resources and Environment, the Chief Inspector of the province has the right:

a) Imposing a fine up to VND 35,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) Confiscating objects and means of administrative violations with a value not exceeding VND 70,000,000;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

3. The Head of the Natural Resources and Environment Inspectorate of the Ministry has the right:

a) Impose fines up to VND 50,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

Article 18. Competence of the People's Public Security Forces to impose administrative sanctions

1. The head of the Mobile Police Company unit, the Station Chief, the Team Leader of the People's Public Security Forces has the right to impose a fine up to VND 1,500,000.

2. The Head of the Public Security Office, the Head of the Police Post, the Head of the Border Gate Police Station, the Head of the Industrial Zone Police Station, the Head of the International Airport Border Gate Police Station, the Battalion Commander of the Mobile Police Battalion, the Commander of the Waterborne Police Unit has the right:

a) Imposing a fine up to VND 2,500,000;

b) Confiscating objects and means of administrative violations with a value not exceeding VND 5,000,000;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Head of the County Public Security Office; the Head of the Traffic Police Department under the Traffic Police Corps; the Commander of the Waterborne Police Unit; the Head of the Provincial Public Security Office including the Head of the Criminal Investigation Police Department against Corruption, Economic Offenses, and Smuggling, the Head of the Traffic Police Department, the Head of the Economic Security Department; the Regiment Commander of the Mobile Police Regiment has the right:

a) Imposing a fine up to VND 10,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) Confiscating objects and means of administrative violations with a value not exceeding VND 20,000,000;

d) Applying the remedial measures prescribed in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations and point a, Clause 3, Article 4 of this Decree.

4. The Director of the Provincial Public Security Office has the right:

a) Imposing a fine up to VND 25,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in point a and point i, Clause 1, Article 28 of the Law on Handling Administrative Violations and point a, Clause 3, Article 4 of this Decree.

5. The Director of the Economic Security Bureau, the Director of the Criminal Investigation Bureau against Corruption, Economic Offenses, and Smuggling, the Director of the Traffic Police Bureau, the Director of the Environmental Crime Prevention Bureau:

a) Impose fines up to VND 50,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in point a and point i, Clause 1, Article 28 of the Law on Handling Administrative Violations and point a, Clause 3, Article 4 of this Decree.

Article 19. Competence to impose administrative penalties of the Border Guard Force

1. The Commander of the Special Task Force for Drug Prevention and Combating Crime under the Special Task Force for Drug Prevention and Combating Crime has the authority:

a) Imposing a fine up to VND 5,000,000;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 10,000,000 VND;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Commander of the Border Guard Post, the Commander of the Coast Guard Squadron, the Chief of the Border Guard Command at the Port have the authority:

a) Imposing a fine up to VND 10,000,000;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 20,000,000 VND;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Commander of the Special Task Force for Drug Prevention and Combating Crime under the Anti-drug and Crime Prevention Department of the Border Guard Command has the authority:

a) Imposing a fine up to VND 25,000,000;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 50,000,000 VND;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The Chief of the Border Guard Force at the provincial level; the Commander of the Coast Guard Flotilla, the Director of the Anti-drug and Crime Prevention Department of the Border Guard Command have the authority:

a) Impose fines up to VND 50,000,000;

b) To revoke the right to use operating licenses for meteorological and hydrological forecasting and warning for a limited period;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations and point a, Clause 3, Article 4 of this Decree.

Article 20. Competence to impose administrative penalties of the Maritime Police

1. The Commander of the Maritime Police Squadron has the authority:

a) Imposing a fine up to VND 10,000,000;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 20,000,000 VND;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Commander of the Maritime Police Flotilla; the Commander of the Reconnaissance Squadron, the Commander of the Special Task Force for Drug Prevention and Combating Crime under the Vietnam Maritime Police Command have the authority:

a) Fine up to fifteen million VND;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 30,000,000 VND;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Commander of the Vietnam Maritime Region, the Director of the Department of Operations and Law under the Vietnam Maritime Police Command have the authority:

a) Imposing a fine up to VND 25,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The Commander of the Vietnam Maritime Police has the authority:

a) Impose fines up to VND 50,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) Apply measures to remedy consequences as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

Article 21. Competence to impose administrative penalties of the Marine Port Office, Air Port Office, Inland Waterway Port Office

1. The Head Representative of the Marine Port Office, the Head Representative of the Air Port Office, the Head Representative of the Inland Waterway Port Office have the authority:

a) Imposing a fine up to VND 10,000,000;

b) To confiscate contraband items and means of transportation violating administrative regulations with a value not exceeding 20,000,000 VND.

2. The Director of the Marine Port Office, the Director of the Air Port Office, the Director of the Inland Waterway Port Office have the authority:

a) Impose fines up to VND 50,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in point d, Clause 3, Article 4 of this Decree.

Article 22. Competence to impose administrative penalties of specialized inspection agencies in transport, industry and trade, agriculture and rural development, science and technology, construction, information and communications

1. The Inspector-in-Chief of the Department, the Head of the Inspection Team of the Departments: Transport, Industry and Trade, Agriculture and Rural Development, Science and Technology, Construction, Information and Communications, the Inspector-in-Chief of the Civil Aviation Administration of Vietnam have the authority:

a) Imposing a fine up to VND 25,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

2. The Head of the Specialized Inspection Teams of the Ministries: Transport, Construction, Industry and Trade, Agriculture and Rural Development, Science and Technology, Information and Communications have the authority:

a) Imposing a fine up to VND 35,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) Confiscating objects and means of administrative violations with a value not exceeding VND 70,000,000;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

3. The Inspector-in-Chief of the Ministries: Transport, Construction, Industry and Trade, Agriculture and Rural Development, Science and Technology, Information and Communications; the Director of the Civil Aviation Administration of Vietnam have the authority:

a) Impose fines up to VND 50,000,000;

b) Revoking the license for meteorological and hydrological forecasting and warning activities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Applying the remedial measures prescribed in Clause 3, Article 4 of this Decree.

Article 23. Competence to draw up administrative violation records

Those authorized to draw up administrative violation records include:

1. Those authorized to impose administrative penalties in the field of meteorology and hydrology.

2. Public officials and civil servants assigned to perform inspection and supervision tasks while on duty, performing the tasks of the General Bureau of Meteorology and Hydrology under the Ministry of Natural Resources and Environment.

Article 24. Determination of Competence to Impose Administrative Penalties

1. The Chairpersons of People's Committees at all levels shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Chapter II of this Decree within their management scope and apply measures to remedy consequences according to their competence.

2. Specialized Inspectors for Natural Resources and Environment shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Chapter II of this Decree and apply measures to remedy consequences according to their competence.

3. Public Security Forces shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Chapter II of this Decree and apply measures to remedy consequences according to their competence.

4. Border Guard Forces shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Articles 9 and 12 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

5. Maritime Police shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Articles 9 and 12 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

6. Port Authorities for Sea Transport, Civil Aviation, and Inland Waterway Transport shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, and 13 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

7. Specialized Inspectors for Industry and Trade shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Clause 3, Article 7 and Article 9 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

8. Specialized Inspectors for Transportation shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, and 13 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

9. Specialized Inspectors for Agriculture and Rural Development shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Clause 3, Article 7 and Article 9 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

10. Specialized Inspectors for Information and Communications shall have the competence to impose administrative penalties on acts of administrative violations stipulated in Article 8 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

11. Specialized Inspectors for Construction shall have the competence to impose administrative penalties on acts of administrative violations stipulated at point b and point c, Clause 1, Clause 4, and Clause 5, Article 12 of this Decree within their field and management scope and apply measures to remedy consequences according to their competence.

Chapter IV
IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Decree shall take effect from February 1, 2025.

2. This Decree abolishes the following contents in the Decrees:

a) Clause 2, Article 1, Chapter II, point a, Clause 2, Article 21; the phrase "meteorology and hydrology" in the name of the Decree, basis for issuance, name of Chapter IV, at Clause 1 and Clause 4, Article 1, at Article 2, at Clause 1, Article 3, point a, Clause 1, Article 20 of Decree No. 173/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties in the field of meteorology and hydrology, surveying, and mapping;

b) Decree No. 84/2017/NĐ-CP dated July 18, 2017 of the Government amending and supplementing some articles of Decree No. 173/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties in the field of meteorology and hydrology, surveying, and mapping;

c) Article 3 of Decree No. 04/2022/NĐ-CP dated January 6, 2022 of the Government amending and supplementing some articles of Decrees on administrative penalties in the fields of land, water resources and minerals, meteorology and hydrology, surveying, and mapping.

Article 26. Transitional Provisions

1. Acts of administrative violations in the field of meteorology and hydrology occurring before the date this Decree takes effect, which have been recorded in violation reports but have not yet issued decisions on administrative penalties, shall be subject to the following provisions on administrative penalties:

a) In cases where the time limit for issuing decisions on administrative penalties has expired according to point c, Clause 1, Article 65 of the Law on Handling Administrative Violations, no decision on administrative penalties shall be issued, but a decision on confiscating items and means used to commit the violation and applying remedial measures (if any) must be issued. The application of supplementary sanctions and remedial measures shall be carried out according to the Decree on administrative penalties in the field of meteorology and hydrology at the time of recording the violation report. If this Decree does not provide for legal liability or provides for lighter legal liability, it shall be applied according to this Decree.

b) In cases where there is still a time limit for issuing decisions on administrative penalties, the level of penalty and remedial measures shall be applied according to the Decree on administrative penalties in the field of meteorology and hydrology at the time of recording the violation report. If this Decree does not provide for legal liability or provides for lighter legal liability, it shall be applied according to this Decree.

2. Acts of administrative violations in the field of meteorology and hydrology occurring before the date this Decree takes effect, which have been recorded and have decisions on administrative penalties that are effective but not yet enforced or fully enforced, shall be enforced according to those decisions.

Article 27. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial and centrally-run city People's Committees shall be responsible for implementing this Decree.