Decree No. 163/2013/NĐ-CP on administrative penalties for violations in the chemical, fertilizer, and industrial explosives sectors.

 DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES

IN THE FIELD OF CHEMICALS, FERTILIZERS AND INDUSTRIAL EXPLOSIVES

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Law on Handling Administrative Violations dated June 20, 2012;

On the basis of The Chemicals Law dated November 21, 2007;

On the basis of The Law on Prevention and Control of Narcotics dated December 9, 2000;

Pursuant to Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 of the Standing Committee of the National Assembly of the 12th term on the management and use of weapons, explosives, and auxiliary tools;

Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons;

Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on the management of fertilizer production and business; Decree No. 191/2007/NĐ-CP dated December 31, 2007 of the Government amending and supplementing certain articles of Decree No. 113/2003/NĐ-CP;

Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree on administrative penalties for violations in the field of chemicals, fertilizers, and industrial explosives,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative penalties, fines, and measures to remedy consequences, the authority to impose administrative penalties, and the authority to issue administrative violation notices in the field of chemicals, fertilizers, and industrial explosives.

2. Acts of administrative violations in other areas under state management related to the field of chemicals, fertilizers, and industrial explosives that are not provided for in this Decree shall be subject to the provisions of decrees on administrative penalties in those fields.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

1. Vietnamese individuals and organizations committing administrative violations in the field of chemicals, fertilizers, and industrial explosives within the territory of the Socialist Republic of Vietnam.

2. Foreign individuals and organizations committing administrative violations in the field of chemicals, fertilizers, and industrial explosives within the territory of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Measures to remedy consequences

In addition to the main form of administrative penalty and supplementary administrative penalty, violators may also be subject to one or more remedial measures as follows:

1. Compelling hazardous chemicals to be removed from the territory of Vietnam or destroyed; compelling the destruction of electrical, electronic products, and textile products that do not meet the permissible limits of toxic chemical content.

2. Compelling the destruction of fertilizers if they harm human health, livestock, crops, and the environment.

3. Compelling the re-sampling, testing, and re-certification of fertilizer quality due to non-compliance with regulations on sampling methods, quality testing, and certification of fertilizer quality.

4. Compelling the re-testing, correction of test results, or cancellation of test results for fertilizers due to non-compliance with testing regulations or lack of honesty in testing.

5. Compelling the restoration of the original condition that was altered, and the rectification of unsafe conditions in the production of industrial explosives.

6. Compelling the relocation of stored industrial explosives to warehouses or locations as prescribed.

Article 4. Maximum fine amounts and authority to impose penalties on individuals and organizations

1. The maximum fine amount for violations in the field of chemicals as stipulated in Chapter II of this Decree applies to individuals at 50,000,000 VND. The fine amount for the same act of administrative violation by an organization is twice the fine amount for an individual.

2. The maximum fine amount for violations in the field of fertilizers and industrial explosives as stipulated in Chapters III and IV of this Decree applies to individuals at 100,000,000 VND. The fine amount for the same act of administrative violation by an organization is twice the fine amount for an individual.

3. The authority to impose administrative penalties as specified from Article 36 to Article 44 of this Decree applies to an individual's single act of administrative violation. In cases involving fines, the authority to impose penalties on organizations is twice the authority to impose penalties on individuals.

Chapter II
ACTS OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF CHEMICALS

Article 5. Violations concerning safety regulations in the production, business, and storage of dangerous chemicals

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

a) Not having a safety chemical rules board at the production, business, and storage areas for dangerous chemicals;

b) Not having a warning system appropriate to the level of danger of chemicals at the production, business, and storage areas for dangerous chemicals;

c) Not having rescue equipment and means at the production, business, and storage areas for dangerous chemicals.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not reporting to the competent authority in cases where changes occur in the contents that have been approved in the Chemical Accident Prevention and Response Plan or confirmed in the Chemical Accident Prevention and Response Measures;

b) Not complying with the requirements set forth in the Chemical Accident Prevention and Response Plan that has been approved or the Chemical Accident Prevention and Response Measures that have been confirmed.

3. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for the act of not developing a Chemical Accident Prevention and Response Plan or Measures in accordance with the law on chemicals in the production, business, and storage of dangerous chemicals.

4. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for the act of not having a warehouse for storing dangerous chemicals, except in cases where dangerous chemicals are directly transported to the buyer's warehouse.

5. Additional forms of punishment:

Suspension of production, business, and storage of dangerous chemicals for a period of one to three months in cases causing loss of safety and serious consequences to human health and the environment due to violations stipulated in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

Forced destruction of dangerous chemicals if they cause harm to human health, livestock, crops, and the environment due to violations stipulated in Clause 4 of this Article.

Article 6. Violations concerning registration and use of dangerous chemicals

1. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Using dangerous chemicals in the production of products and goods not in accordance with the registered purpose;

b) Not registering the use of dangerous chemicals before commencing their use.

2. A fine of VND 8,000,000 to VND 12,000,000 shall be imposed for the act of using dangerous chemicals listed in the prohibited chemicals list to produce and store animal feed as prescribed by the law on chemicals.

3. A fine of VND 12,000,000 to VND 15,000,000 shall be imposed for the act of using dangerous chemicals listed in the prohibited chemicals list to produce veterinary drugs and plant protection products as prescribed by the law on chemicals.

4. A fine of VND 15,000,000 to VND 18,000,000 shall be imposed for the act of using dangerous chemicals listed in the prohibited chemicals list to produce and store food as prescribed by the law on chemicals.

5. A fine of VND 18,000,000 to VND 20,000,000 shall be imposed for the act of using dangerous chemicals listed in the prohibited chemicals list to produce medicines and consumer chemical products as prescribed by the law on chemicals.

6. Measures to remedy consequences:

Forced destruction of dangerous chemicals, products, and goods in cases causing harm to human health, livestock, crops, and the environment due to violations stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 7. Violations concerning the Control Purchase and Sale Form for Toxic Chemicals

c) Reporting quantities of goods entering, exiting, and remaining in transit ports;

a) The Control Purchase and Sale Form for Toxic Chemicals does not contain all the information required by the law on chemicals.

b) Failure to retain or retain the Control Purchase and Sale Form for Toxic Chemicals for the period prescribed by the law on chemicals.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for purchasing or selling toxic chemicals without the Control Purchase and Sale Form for Toxic Chemicals as prescribed by the law on chemicals.

Article 8. Violations concerning the permissible limit of harmful chemical content in certain consumer products

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for failure to disclose information about the permissible limit of harmful chemical content as prescribed by the law on chemicals.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for failure to establish or retain documentation regarding the permissible limit of harmful chemical content as prescribed by the law on chemicals.

3. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts in production, business, and importation:

a) The content of harmful chemicals in electrical and electronic products exceeds the permissible limit as prescribed by the law on chemicals.

b) The residual formaldehyde content on textile and garment products exceeds the permissible limit as prescribed by the law on formaldehyde limits.

c) The aromatic amine content derived from azo dyes in dyed textile and garment products or printed and dyed details that can come into contact with the skin exceeds the permissible limit as prescribed by the law on azo dyes.

4. Measures to remedy consequences:

Order the destruction of electrical and electronic products and textile and garment products that do not meet the permissible chemical content limits for violations stipulated in Clause 3 of this Article.

Article 9. Violations concerning the Certificate of Eligibility for Production and Business of Chemicals listed in the List of Conditionally Permitted Chemicals for Production and Business

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for tampering with, erasing, or altering the content recorded in the Certificate of Eligibility for Production and Business of Chemicals.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for producing or trading dangerous chemicals listed in the List of Conditionally Permitted Chemicals for Production and Business (in cases where a Certificate of Eligibility is required by law) without a Certificate of Eligibility issued by the competent authority as prescribed by the law on chemicals.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for continuing to operate the production and trade of dangerous chemicals listed in the List of Conditionally Permitted Chemicals for Production and Business after being suspended by the competent authority or having the Certificate of Eligibility for Production and Business of Chemicals revoked.

4. Measures to remedy consequences:

Order the destruction of dangerous chemicals if they cause harm to human health, livestock, crops, and the environment for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 10. Violations concerning the Restricted Production and Business Permit for Chemicals listed in the List of Restricted Chemicals for Production and Business

1. A warning or a fine of VND 1,000,000 to VND 3,000,000 shall be imposed for tampering with, erasing, or altering the content recorded in the Restricted Production and Business Permit for Chemicals.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Leasing, lending, pledging, mortgaging, selling, or transferring the Restricted Production and Business Permit for Chemicals.

b) Renting, borrowing, receiving pledges, receiving mortgages, buying, or receiving transfers of the Restricted Production and Business Permit for Chemicals.

3. A fine of VND 7,000,000 to VND 12,000,000 shall be imposed for any of the following violations:

a) Using the Restricted Production and Business Permit for Chemicals of another individual or organization to produce or trade chemicals.

b) Trading outside the scope, objects, scale, time, territory, location, and items specified in the Restricted Production and Business Permit for Chemicals issued.

4. A fine of VND 12,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Producing or trading restricted chemicals without a Restricted Production and Business Permit for Chemicals as prescribed.

b) Producing or trading restricted chemicals when the Restricted Production and Business Permit for Chemicals has expired.

5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for continuing to operate production and trade after being suspended by the competent management authority, deprived of the right to use, or having the Restricted Production and Business Permit for Chemicals revoked.

6. Additional forms of punishment:

Deprive the right to use the Restricted Production and Business Permit for Chemicals for one to three months for violations stipulated in Point b Clause 3 of this Article in cases of repeated offenses or recidivism.

Article 11. Violations concerning the management of records for the issuance and receipt of precursor chemicals used in industrial activities

A fine of VND 300,000 to VND 500,000 shall be imposed on the act of recording precursor chemicals together with other goods and materials on the same issuance or receipt form; failing to maintain separate ledgers to track the issuance and receipt of precursor chemicals during production, business operations, and usage as prescribed by laws on the management of precursor chemicals used in industrial activities.

Article 12. Violations concerning the declaration of chemicals produced or imported

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

a) Declaring inaccurately the quantity or origin of chemicals;

b) Declaring inaccurately the nature or composition of chemicals.

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

a) Importing chemicals listed in the Chemicals Declaration List without a Declaration Confirmation Certificate for Imported Chemicals issued by the competent authority;

b) Producing chemicals listed in the Chemicals Declaration List without a Declaration Confirmation Certificate for Produced Chemicals issued by the competent authority.

3. Measures to remedy consequences:

a) Compelling the removal from Vietnam or re-exportation of dangerous chemicals for violations stipulated in Point a Clause 2 of this Article;

b) Compelling the destruction of dangerous chemicals if they cause harm to human health, livestock, crops, and the environment for violations stipulated in Point b Clause 2 of this Article.

Article 13. Violations concerning the storage of information on dangerous chemicals

A fine of VND 300,000 to VND 500,000 shall be imposed on the act of failing to store information on dangerous chemicals during production, business operations, and usage of such chemicals as prescribed by laws on chemicals.

Article 14. Violations concerning the management of chemicals and insecticides, bactericides used in household and medical purposes

1. A warning or a fine of VND 1,000,000 to VND 2,000,000 shall be imposed on any of the following acts:

a) Storing or containing chemicals and insecticides, bactericides used in household and medical purposes in containers not in accordance with the manufacturer's instructions or posing a risk of confusion with other products or goods;

b) Improperly disposing of containers used for storing or containing chemicals and insecticides, bactericides used in household and medical purposes after use.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) Failing to comply with regulations on conditions for producing and trading chemicals and insecticides, bactericides used in household and medical purposes;

b) Failing to comply with packaging, storage, and transportation regulations for chemicals and insecticides, bactericides used in household and medical purposes;

c) Labeling products incorrectly compared to the registered content with the regulatory body;

d) Not adhering to the testing procedures established by authorized health authorities for organizations conducting tests.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Producing or trading chemicals and insecticides, bactericides used in household and medical purposes when the registration certificates for these products have expired;

b) Producing or trading chemicals and insecticides, bactericides used in household and medical purposes that do not meet the published standards;

c) Producing or trading chemicals and insecticides, bactericides used in household and medical purposes without obtaining a Registration Certificate for Circulation in Vietnam;

d) Advertising chemicals and insecticides, bactericides used in household and medical purposes without a filing acceptance certificate for advertising registration from the authorized health authority or advertising incorrectly according to the registered content or failing to amend the advertising content as required by the authorized health authority.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of trading chemicals and insecticides, bactericides used in household and medical purposes that have exceeded their shelf life.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of producing or trading chemicals and insecticides, bactericides used in household and medical purposes that are prohibited from use in Vietnam.

Article 15. Violations concerning inspection, examination, and verification

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Chemical facilities failing to comply with inspection and examination decisions issued by competent authorities; failing to comply with verification decisions conducted by the Organization for the Prohibition of Chemical Weapons;

b) Chemical facilities violating verification regulations of the Organization for the Prohibition of Chemical Weapons.

2. Additional forms of punishment:

Suspend operations of chemical facilities listed in Table 1 for a period of from one month to three months for violations stipulated in Clause 1 of this Article.

Article 16. Violations concerning the management of DOC and DOC-PSF chemicals

1. Imposing a fine of from five million dong to ten million dong on chemical facilities that inaccurately report their actual production when initially declaring, reporting activities within the previous year, or supplementing, adjusting, or changing production declarations.

2. Imposing a fine of from ten million dong to fifteen million dong on chemical facilities that fail to make initial declarations, fail to report activities within the previous year, or fail to make supplementary, adjusting, or changing production declarations.

3. Additional forms of punishment:

Suspend operations of DOC and DOC-PSF chemical facilities for a period of from one month to three months for violations stipulated in Clauses 1 and 2 of this Article.

Article 17. Violations concerning the management of chemicals in Table 3 and Table 2

1. A fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Failing to report within the prescribed time limit;

b) Failing to report or inaccurately reporting actual production, export, or import of chemicals in Table 3 and Table 2.

2. Imposing a fine of from twenty million dong to thirty million dong on investment in chemical facilities in Table 3 and Table 2 that deviates from the content approved in the investment approval document issued by competent state agencies; exporting or importing chemicals in Table 3 and Table 2 that deviate from the content in the Export and Import Permit; transferring the Export and Import Permit to another enterprise.

3. Imposing a fine of from thirty million dong to forty million dong on investment in chemical facilities in Table 3 and Table 2 without an approval document from competent state agencies; exporting or importing chemicals in Table 3 and Table 2 without an Export and Import Permit from competent state agencies.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Permit for a period of from one month to three months for violations stipulated in Clause 2 of this Article;

b) Suspending operations of chemical facilities in Table 3 and Table 2 for a period of from one month to three months for violations stipulated in Clauses 1 and 3 of this Article.

5. Measures to remedy consequences:

Compelling the removal from Vietnam or destruction of chemicals in Table 3 and Table 2 if they cause harm to human health, livestock, and the environment for violations stipulated in Clause 2 of this Article.

Article 18. Violations concerning the management of chemical weapons and chemicals in Table 1

1. A fine of VND 30,000,000 to VND 40,000,000 for one of the following acts:

a) Producing, owning, storing, or using prohibited toxic chemicals and their precursors, and chemicals in Table 1;

b) Exporting or importing prohibited toxic chemicals and their precursors; prohibited chemicals in Table 1;

c) Exporting or importing chemicals in Table 1 to any organization or individual of a non-member country of the Convention;

d) Re-exporting or re-importing chemicals in Table 1 to any organization or individual of a third country;

e) Exporting or importing chemicals in Table 1 that deviate from the content in the Export and Import Permit; transferring the Export and Import Permit to another enterprise.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following acts:

a) Failing to report or inaccurately reporting actual production, processing, consumption, storage of chemicals in Table 1; failing to notify or report exports or imports; notifying or reporting chemicals in Table 1 not within the prescribed time limit;

b) Producing, processing, consuming, or storing chemicals in Table 1 exceeding the total permitted production volume.

3. Additional forms of punishment:

a) Revoking the right to use the Permit for a period of from two months to five months for violations stipulated in Clauses 1 and 2 of this Article;

b) Suspending operations of chemical facilities in Table 1 for a period of from two months to five months for violations stipulated in Clause 2 of this Article.

c) Confiscating objects and means used to commit violations for violations stipulated in this Article.

4. Measures to remedy consequences:

Compelling the removal from Vietnam for violations stipulated in Clauses 1 and 2 of this Article.

Chapter III
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FERTILIZERS

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for acts lacking personnel with expertise and professional skills meeting requirements for technology and quality management in fertilizer production.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for acts lacking a testing laboratory or failing to have a contract with a designated and recognized testing laboratory to assess fertilizer quality.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for acts of producing or processing fertilizers without storage facilities for fertilizers.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for acts lacking machinery, equipment, and appropriate technological processes for fertilizer production and processing.

5. Additional forms of punishment:

Suspension of fertilizer production and processing activities for one to three months shall be ordered in cases where quality assessment of fertilizers is not conducted, and lack of storage facilities for fertilizers may cause serious consequences to human health and the environment, as stipulated in Clause 2 and Clause 3 of this Article.

1. A fine of VND 80,000,000 to VND 90,000,000 shall be imposed for acts of producing or processing fertilizers that do not meet permissible quantitative error levels compared to declared standard application levels, national technical regulations, or specified in the Fertilizer Catalogue.

2. A fine of VND 90,000,000 to VND 100,000,000 shall be imposed for acts of producing or processing fertilizers that do not meet mandatory quantitative index levels compared to declared standard application levels, national technical regulations, or specified in the Fertilizer Catalogue.

3. Measures to remedy consequences:

Destruction of the quantity of fertilizers shall be ordered for acts violating the provisions of Clause 1 and Clause 2 of this Article if the fertilizers harm human health, livestock, crops, and the environment.

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts lacking legitimate documentation proving the origin of fertilizer production, importation, or supply.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Engaging in fertilizer business without a store or business location ensuring the preservation of fertilizer quality;

b) Engaging in fertilizer business without equipment and containers ensuring the preservation of fertilizer quality;

c) Engaging in fertilizer business without storage facilities for fertilizers.

3. Additional forms of punishment:

a) Seizure of fertilizers whose origin of production, importation, or supply cannot be proven for acts violating the provisions of Clause 1 of this Article;

b) Suspension of fertilizer business operations for one to three months in cases where there is no equipment and containers, and lack of storage facilities for fertilizers may cause serious consequences to human health and the environment for acts violating the provisions of Clause 2 of this Article.

Article 22. Acts violating provisions on non-compliance with quality standards for fertilizer business operations

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for acts of trading fertilizers past their expiration date.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for acts of trading fertilizers that have been suspended from production or consumption.

3. Additional forms of punishment:

Seizure of traded fertilizers past their expiration date, suspended from production, or suspended from consumption for acts violating the provisions of Clause 1 of this Article.

4. Measures to remedy consequences:

Destruction of traded fertilizers past their expiration date, suspended from production, or suspended from consumption causing harm to human health, livestock, crops, and the environment for acts violating the provisions of Clause 1 and Clause 2 of this Article.

1. A fine of VND 4,000,000 to VND 7,000,000 shall be imposed for importing new fertilizers for trial without written consent from the competent authority.

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

a) Importing specialized fertilizers for sports fields without written consent from the competent authority;

b) Importing specialized fertilizers for use within enterprises without written consent from the competent authority.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for importing fertilizers as samples, gifts, for scientific research, or testing without written consent from the competent authority.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for importing types of fertilizers that do not meet the announced standard levels or corresponding technical regulations of Vietnam.

5. Measures to remedy consequences:

The imported fertilizers containing heavy metal content, harmful microorganisms, and other toxic substances exceeding the prescribed limits shall be ordered to be removed from Vietnam's territory or re-exported for violations under Clause 4 of this Article.

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for failing to comply with the provisions on sampling methods, quality testing, and certification issued by the competent authority, or failing to comply with the testing methods, national standards, and technical regulations issued by the competent authority.

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

a) Distorting or falsely reporting the results of quality analysis and testing of fertilizers;

b) Failing to maintain confidentiality of information, data, sampling, inspection, testing, and quality certification results.

3. Measures to remedy consequences:

The violator must conduct sampling, testing, and quality certification again for violations under Clause 1 and Point a Clause 2 of this Article, and shall not charge fees for activities due to violations under Clause 1 and Clause 2 of this Article.

4. Additional forms of administrative punishment:

Suspension of sampling and fertilizer analysis activities for one to three months if there is a repeat offense for violations under Clause 2 of this Article.

1. A fine of VND 1,000,000 to VND 4,000,000 shall be imposed for altering, erasing, or making false declarations on documents stipulated in the trial registration file.

2. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed for failing to register and report to the competent authority regarding changes to the specified trial contents.

Article 26. Acts violating regulations on fertilizer trials

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for conducting trials not in accordance with the registered trial content or not complying with current regulations on fertilizer trials.

2. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed for publishing untruthful trial results.

3. Measures to remedy consequences:

The violator must conduct another trial, correct untruthful trial results, or cancel the trial results for violations under Clause 1 and Clause 2 of this Article.

Article 27. Violations concerning the renaming of fertilizers

A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for violations regarding conditions and procedures for renaming fertilizers.

Article 28. Violations concerning the recognition and designation of organizations training fertilizer samples and fertilizer testing laboratories

1\. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for continuing production and business activities when the decision on recognition or designation of organizations training fertilizer samples and fertilizer testing laboratories has expired without resubmitting the registration dossier to the competent authority as prescribed.

2\. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for failing to report to the competent authority any changes related to the scope of recognition or designation.

Chapter IV
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INDUSTRIAL EXPLOSIVES

Article 29. Violations concerning records, documents, and reports on industrial explosives and explosive precursors

1\. A warning shall be given for failing to submit periodic reports on industrial explosives and explosive precursors.

2\. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed for submitting false reports on industrial explosives and explosive precursors; or for failing to retain or retaining insufficiently complete records and documents on industrial explosives.

3\. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for failing to implement statistical reports on the business supply, export, import, and inventory of industrial explosives and explosive precursors; or for submitting false data on industrial explosives and explosive precursors in business activities; or for failing to comply with inspections or obstructing inspections by competent authorities on industrial explosives activities; or for failing to report the loss of industrial explosives, accidents, or incidents involving industrial explosives to the competent authority.

Article 30. Violations concerning the conditions for persons directly involved in industrial explosives and explosive precursor activities

1\. A warning shall be given for failing to organize regular or refresher training for persons directly involved in industrial explosives activities.

2\. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed if, three months after being warned, such persons continue to fail to organize regular or refresher training for those directly involved in industrial explosives activities.

3\. A fine of from 5,000,000 VND to 15,000,000 VND shall be imposed for any of the following acts:

a\. Using personnel who do not have appropriate expertise;

b\. Using personnel who have not been trained and certified with technical safety certificates for industrial explosives.

4\. A fine of from 15,000,000 VND to 30,000,000 VND shall be imposed for using a manager for industrial explosives activities who does not meet the required standards.

Article 31. Violations concerning the management of Permits and Certificates for industrial explosives and explosive precursor activities

1\. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed for failing to report the loss of Permits and Certificates for industrial explosives activities.

2\. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for failing to register when commencing or ceasing industrial explosives activities; or failing to report when commencing or ceasing explosive precursor activities.

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

a\. Lending or renting Permits and Certificates for industrial explosives and explosive precursor activities for the production, business, or use of industrial explosives; or for the business of explosive precursors;

b\. Producing, storing, transporting, or using industrial explosives beyond the scale or quantity specified in the Certificate or Permit or Registration for the use of industrial explosives;

c\. Using subordinate units not listed in the business permit to conduct industrial explosives business.

4\. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for falsifying contents in Permits and Certificates for industrial explosives and explosive precursor activities.

5\. A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts:

a\. Using a Permit for the use of industrial explosives to sell or provide industrial explosives to other organizations or individuals;

b\. Using a Permit for the use of industrial explosives to provide blasting services or conduct blasting outside the location specified in the Permit.

6. Additional forms of punishment:

a\. Seizure of contraband for violations under Point a Clause 5 of this Article;

b\. Suspension of the right to use Permits and Certificates for industrial explosives activities for three (3) to six (6) months for violations under Clause 3 of this Article; six (6) to twelve (12) months for violations under Clause 4 of this Article; eighteen (18) to twenty-four (24) months for violations under Clause 5 of this Article.

Article 32. Violations concerning regulations on research, testing, and production of industrial explosives and explosive precursors

1. A fine of from five million to ten million Vietnamese dong shall be imposed for the act of packaging industrial explosives not in accordance with standards.

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

a) Conducting research and testing of industrial explosives and explosive precursors not in accordance with the content and conditions stipulated in the approved research project;

b) Using raw materials for the production of industrial explosives of unknown origin.

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Producing industrial explosives and explosive precursors before rectifying or supplementing deficiencies in production conditions as required by competent state agencies;

b) Changing the composition or type of raw materials or producing not in accordance with the registered and permitted types of industrial explosives products;

c) Changing the production process of industrial explosives without permission from the competent authority;

d) Not conducting testing and evaluation of newly produced industrial explosives in Vietnam or imported into Vietnam but without recognized test results according to the law.

4. A fine of from eighty million to one hundred million Vietnamese dong shall be imposed for one of the following acts:

a) Conducting research and testing of industrial explosives and explosive precursors without permission or assignment from competent state agencies;

b) Producing industrial explosives and explosive precursors without a certificate of compliance issued by competent state agencies certifying the production conditions for industrial explosives and explosive precursors; using production equipment that has not been approved by competent state management agencies for use;

c) Changing technology, equipment, premises, or workshops for producing industrial explosives without permission from competent state management agencies.

5. Additional forms of punishment:

a) Confiscation of contraband items and means of violation for violations specified in Clause 2; Point b Clause 3; Points a, b Clause 4 of this Article;

b) Suspension of industrial explosives activities for three to six months for violations specified in Point c Clause 3; Point c Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel restoration to the original condition prior to administrative violation for violations specified in Point c Clause 3; Point c Clause 4 of this Article;

b) Compel remediation of unsafe conditions due to administrative violations for violations specified in Point a Clause 3; Point c Clause 4 of this Article.

Article 33. Violations concerning regulations on storage of industrial explosives and explosive precursors

1. A warning shall be issued for the act:

a) Not having internal rules regarding warehouse safety;

b) Not having warning signs or symbols at areas storing industrial explosives and explosive precursors as prescribed.

2. A fine of from two million to five million Vietnamese dong shall be imposed for failing to implement guarding and protecting the area storing industrial explosives as prescribed;

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Not having an approved security and public order protection plan for the warehouse of industrial explosives and explosive precursors;

b) Not implementing sealing and locking procedures for the warehouse of industrial explosives;

c) Insufficient guard force.

4. A fine of from ten million to thirty million Vietnamese dong shall be imposed for one of the following acts:

a) Violating technical safety standards for industrial explosives during storage;

b) Not implementing procedures for entering and exiting the warehouse of industrial explosives and explosive precursors;

c) Constructing or equipping insufficiently or improperly the various support tools, means, and protective facilities in the warehouse of industrial explosives and explosive precursors;

d) Allowing national reserve industrial explosives to deteriorate beyond the allowable limit without justifiable reasons;

đ) Violating confidentiality regulations for national reserves;

5. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Permitting other organizations or individuals to store industrial explosives or rent warehouses for industrial explosives without a valid contract or document; Storing industrial explosives exceeding the permitted scale according to the approved warehouse file;

b) Storing national reserve industrial explosives in the wrong type of warehouse or location;

c) Expanding or renovating the warehouse for storing industrial explosives without permission from the competent authority;

d) Not having an emergency response plan for the warehouse of industrial explosives;

đ) Intentionally falsifying warehouse entry and exit documents or blasting passports to cause loss of industrial explosives.

6. A fine of from fifty million to seventy million Vietnamese dong shall be imposed for one of the following acts:

a) Storing industrial explosives at locations or warehouses not approved by competent state agencies;

b) Failing to comply with laws on storage leading to loss of explosive precursors.

7. A fine of from eighty million to one hundred million Vietnamese dong shall be imposed for failing to comply with laws on storage leading to loss of industrial explosives in the warehouse of industrial explosives.

8. Additional forms of punishment:

Confiscation of contraband items and means of violation for violations specified in Point a Clause 5 of this Article.

9. Remedial measures:

a) Compel restoration to the original condition prior to administrative violation for violations specified in Point c Clause 5 of this Article;

b) Compel relocation of national reserve industrial explosives to warehouses or locations as prescribed for violations specified in Point b Clause 5 of this Article;

c) Compel remediation of non-compliance with security and safety due to administrative violations for violations specified in Points a, c Clause 4 of this Article;

d) Compel relocation of industrial explosives to warehouses or locations approved by competent state agencies for violations specified in Point a Clause 6 of this Article.

Article 34. Violations concerning the transportation of industrial explosives and explosive precursors

1. A warning shall be imposed for the act of not having signs indicating the boundaries of areas for loading and unloading industrial explosives as prescribed.

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

a) Not having prescribed transport symbols or markings for industrial explosives;

b) Not organizing guards during the loading and unloading of industrial explosives.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Not having or lacking escort personnel for the transportation of industrial explosives and explosive precursors;

b) Not establishing emergency prevention and response measures, security and public order protection measures;

c) Stopping the transport vehicle carrying industrial explosives due to an incident but not placing danger warning signs;

d) Transferring industrial explosives to another means of transport not in accordance with regulations while in transit;

đ) Losing the Permit for Transporting Industrial Explosives; failing to return the Permit for Transporting Industrial Explosives within the stipulated time after completing the transport.

4. A fine of from ten million to thirty million Vietnamese dong shall be imposed for one of the following acts:

a) Transporting industrial explosives not in accordance with the types specified in the Permit for Transporting;

b) Violating technical safety standards for industrial explosives during the transportation of industrial explosives;

c) Transporting industrial explosives using a means of transport that has not been inspected, tested, and granted a Circulation Permit by a state agency or is not permitted for transporting industrial explosives.

5. A fine of from thirty million to fifty million Vietnamese dong shall be imposed for one of the following acts:

a) Transporting industrial explosives along routes not specified in the transport permit;

b) Parking the transport vehicle carrying industrial explosives at places not permitted according to the Permit for Transporting;

c) Loading and unloading industrial explosives at locations not permitted.

6. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for the act of losing industrial explosives.

7. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of transporting industrial explosives without a Permit.

8. Additional penalties: Confiscation of the violating industrial explosives for violations stipulated in Point a Clause 4; Clause 7 of this Article.

9. Measures to remedy consequences: Compelling the correction of unsafe conditions resulting from administrative violations as stipulated in Point b Clause 4 of this Article.

Article 35. Violations concerning the business of industrial explosives and explosive precursors

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of buying or selling industrial explosives and explosive precursors without signing a contract.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of refusing to buy back unused industrial explosives from the buyer without a legitimate reason.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of exporting or importing national reserve industrial explosives not in accordance with the types, quantities, specifications, and quality as prescribed in the national reserve plan.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of exporting, importing, buying, or selling industrial explosives and explosive precursors not in accordance with the types, quality, and quantity of industrial explosives and explosive precursors as specified in the Permit.

5. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for the act of selling industrial explosives to organizations using industrial explosives whose Permit for Using Industrial Explosives has expired or organizations that have been decided by competent state management agencies to suspend or temporarily suspend their activities using industrial explosives.

6. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Exporting or importing industrial explosives and explosive precursors without permission from competent state authorities;

b) Selling industrial explosives to organizations without a Permit for Using Industrial Explosives.

7. Additional forms of administrative sanction:

Confiscation of contraband items and means of transport for violations stipulated in Clause 1; Clause 5; Point b Clause 6 of this Article.

8. Measures to remedy consequences:

Compelling the removal from Vietnam or re-exporting contraband items due to violations concerning import as stipulated in Clause 4; Point a Clause 6 of this Article.

Article 36. Violations concerning the use of industrial explosives and blasting services

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not having a blasting supervisor when conducting blasting operations; not having a blasting design or blasting plan or a blasting design or plan with incomplete contents.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) The blasting passport is established incompletely;

b) Not establishing a guard post or not having warning signs at the hazardous boundary when conducting blasting;

c) Not registering, announcing, or not implementing the blasting command signals and post-blasting safety signals as registered and announced.

3. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Violating national technical standards on safety during the use of industrial explosives;

b) Not monitoring the impact of blasting on structures or objects that need protection within the blast impact range.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of not establishing a blasting passport.

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

a) Changing the type, quantity of industrial explosives or the control method specified in the blasting design, blasting plan, or approved blasting passport;

b) Using industrial explosives when the blasting design or plan has not been approved by the competent authority;

c) Using industrial explosives not included in the list of permitted industrial explosives.

6. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Not reselling unused industrial explosives to a legitimate industrial explosives trading organization upon termination of the use of industrial explosives;

b) Purchasing industrial explosives or explosive precursors from organizations or individuals not authorized to trade in industrial explosives;

c) Not storing the remaining amount of industrial explosives after the completion of the blasting operation.

7. Additional forms of administrative sanction:

a) Confiscation of the contraband items and means of violation for the act violating Clause c, Paragraph 5 of this Article;

b) Suspension of the right to use the industrial explosives usage permit for a period of six to twelve months for the act stipulated in Paragraph 4, Clause b, Paragraph 5; eighteen to twenty-four months for the act violating Clauses b and c, Paragraph 6 of this Article.

8. Measures to remedy consequences:

Compel restoration to the original state prior to administrative violations for the act violating Clause a, Paragraph 3 of this Article.

Article 37. Violations concerning inspection, testing, and destruction of industrial explosives

1. Warning shall be imposed for the act of not conducting periodic testing of industrial explosives.

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

a) Not establishing a record of the destruction of industrial explosives as prescribed;

b) Not conducting inspections or determining results after the destruction of industrial explosives.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Not destroying industrial explosives that have lost quality;

b) Not notifying the competent authority when carrying out the destruction of industrial explosives.

4. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for violating national technical standards on safety during the destruction of industrial explosives.

5. Additional forms of punishment:

Suspension of the right to use the industrial explosives usage permit for three to six months for the act violating Paragraph 3 of this Article.

6. Measures to remedy consequences:

Compel the destruction of industrial explosives that have lost quality for the act violating Clause a, Paragraph 3 of this Article.

Chapter V
AUTHORITY TO IMPOSE PENALTIES

Article 38. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels have the competence to impose administrative penalties for violations in the field of chemicals, fertilizers, and industrial explosives within their management scope occurring locally, specifically as follows:

1. The Chairperson of the People's Committee at the commune level has the authority to impose penalties on acts of violation stipulated in Clause 1, 2, Article 5; Article 7; Clause 1, 2, Article 8; Clause 1, Article 9; Clause 1, Article 10; Article 11; Article 12; Article 13; Clause 1, Article 19; Clause 1, Article 24; Clause 1, Article 25; Clause 1, Article 26; Article 27; Article 28; Clause 1, 2, Article 29; Clause 1, 2, Article 30; Clause 1, Article 31; Clause 1, 2, Article 33; Clause 1, 2, Article 34; Clause 1, Article 36; Clause 1, 2, Article 37:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Order the destruction of dangerous chemicals as specified in Point b, Clause 3, Article 12 of this Decree; order a re-examination of the results of fertilizer testing as specified in Clause 3, Article 26 of this Decree;

d) Confiscate objects and means of violation in the operation of industrial explosives up to VND 5,000,000 in value;

đ) Order the restoration of the original condition that was changed due to administrative violations in the operation of industrial explosives;

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

a) To issue warnings;

b) Impose fines up to VND 25,000,000 in the field of chemicals; up to VND 50,000,000 in the field of fertilizers and industrial explosives;

c) Suspend temporarily the operation of production, business, storage of dangerous chemicals, activities of chemical facilities DOC, DOC-PSF; production, processing, business of fertilizers; activities of industrial explosives;

d) Confiscate fertilizers with unproven origin; confiscate objects and means of violation in the operation of industrial explosives, explosive precursors up to VND 50,000,000 in value;

đ) Order the restoration of the original condition that was changed due to administrative violations in the operation of industrial explosives;

e) Revoke the right to use Restricted Production and Business Chemicals Permit;

g) Order the destruction of dangerous chemicals and fertilizers; order a re-examination of the results of fertilizer testing;

3. The Chairperson of the People's Committee of provinces and centrally governed cities has the authority:

a) To issue warnings;

b) Impose fines up to VND 50,000,000 in the field of chemicals; impose fines up to VND 100,000,000 in the field of fertilizers and industrial explosives;

c) Revoke the right to use Restricted Production and Business Chemicals Permit; Export and Import Chemicals List Permit; suspend the operation of production, business of chemicals, activities of chemical facilities List. Suspend the operation of production, processing, business of fertilizers. Revoke the right to use Permits, Certificates of Operation of Industrial Explosives or suspend temporarily the operation of industrial explosives;

d) Confiscate fertilizers with unproven origin; confiscate objects and means of violation in the operation of industrial explosives;

đ) Order the restoration of the original condition that was changed due to administrative violations in the operation of industrial explosives;

e) Order the demolition of unauthorized or improperly constructed buildings violating legal provisions in the operation of industrial explosives;

g) Order the rectification of unsafe conditions caused by administrative violations in the operation of industrial explosives;

h) Compel the movement of national stockpile industrial explosives caused by administrative violations to storage facilities or locations as prescribed;

i) Order the removal from Vietnam or re-export according to Article 28 of the Law on Handling Administrative Violations.

Article 39. Competence to impose penalties of specialized inspectors

1. Specialized inspectors under the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, Departments of Industry and Trade, and Departments of Agriculture and Rural Development have the authority to:

a) To issue warnings;

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

2. Heads of specialized inspection departments of Departments of Industry and Trade, Departments of Agriculture and Rural Development; Leaders of specialized inspection teams of the Industrial Safety and Environmental Technology Department, the Chemicals Department; Leaders of specialized inspection teams of Departments of Industry and Trade, Departments of Agriculture and Rural Development have the authority to:

a) To issue warnings;

b) Impose fines up to VND 25,000,000 in the field of chemicals, up to VND 50,000,000 in the field of fertilizers, industrial explosives;

c) Suspend temporarily the operation of production, business, storage of dangerous chemicals, activities of chemical facilities DOC, DOC-PSF; production, processing, business of fertilizers; activities of industrial explosives;

d) Confiscate fertilizers with unproven origin; confiscate objects and means of violation in the operation of industrial explosives, explosive precursors up to VND 50,000,000 in value;

đ) Order the restoration of the original condition that was changed due to administrative violations in the operation of industrial explosives;

e) Revoke the right to use Restricted Production and Business Chemicals Permit;

g) Order the destruction of dangerous chemicals and fertilizers; order a re-examination of the results of fertilizer testing;

3. Heads of specialized inspection departments of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development; Directors of the Chemicals Department, the Industrial Safety and Environmental Technology Department under the Ministry of Industry and Trade; Directors of the Crop Production Department under the Ministry of Agriculture and Rural Development have the authority to:

a) To issue warnings;

b) Impose fines up to VND 50,000,000 in the field of chemicals; impose fines up to VND 100,000,000 in the field of fertilizers and industrial explosives;

c) Revoke the right to use Restricted Production and Business Chemicals Permit; Export and Import Chemicals List Permit; suspend the operation of production, business of chemicals, activities of chemical facilities List. Suspend the operation of production, processing, business of fertilizers. Revoke the right to use Permits, Certificates of Operation of Industrial Explosives or suspend temporarily the operation of industrial explosives;

d) Confiscate fertilizers with unproven origin; confiscate objects and means of violation in the operation of industrial explosives;

đ) Order the restoration of the original condition that was changed due to administrative violations in the operation of industrial explosives;

e) Order the demolition of unauthorized or improperly constructed buildings violating legal provisions in the operation of industrial explosives;

g) Order the rectification of unsafe conditions caused by administrative violations in the operation of industrial explosives;

h) Compel the movement of national stockpile industrial explosives caused by administrative violations to storage facilities or locations as prescribed;

i) Order the removal from Vietnam or re-export according to Article 28 of the Law on Handling Administrative Violations.

Article 40. Competence to impose penalties of other forces

1. Police Force

a) People's Public Security soldiers on duty have the authority to: Impose fines up to VND 500,000 in the field of chemicals;

b) Chiefs of police stations, chiefs of police teams on duty have the authority to: Impose fines up to VND 1,500,000 in the field of chemicals, fertilizers, industrial explosives;

c) Chiefs of public security offices at commune level, chiefs of police posts, chiefs of border gate police stations, export processing zone police stations have the authority to: Impose fines up to VND 2,500,000 in the field of chemicals, fertilizers, industrial explosives;

d) Chiefs of public security offices at district level; chiefs of provincial-level police departments including chiefs of traffic police departments, chiefs of highway traffic police departments, chiefs of railway traffic police departments, chiefs of criminal investigation police departments, chiefs of fire prevention and firefighting police departments, chiefs of fire prevention and firefighting police departments of districts and counties under the Fire Prevention and Fighting Department have the authority to: Issue warnings; impose fines up to VND 10,000,000 in the field of chemicals; impose fines up to VND 20,000,000 in the field of fertilizers, industrial explosives.

Suspend production, business, storage activities of chemicals, fertilizers. Order the destruction of dangerous chemicals. Revoke the right to use restricted production and business permits for chemicals; revoke the right to use transportation permits for industrial explosives and explosive precursors for a limited period; confiscate administrative violation objects and means with a value not exceeding VND 20,000,000;

e) Provincial-level Public Security Directors, Fire Prevention and Fighting Department Directors have the authority to: Issue warnings; impose fines up to VND 25,000,000 in the field of chemicals; impose fines up to VND 50,000,000 in the field of fertilizers, industrial explosives.

Temporarily suspend dangerous chemical production, business, storage activities, DOC, DOC-PSF chemical facility operations; fertilizer production, processing, business activities; industrial explosive activities. Confiscate fertilizers with unproven origins; confiscate administrative violation objects and means in industrial explosive activities, explosive precursors with a value up to VND 50,000,000. Order the restoration of the initial state changed due to administrative violations in industrial explosive activities. Revoke the right to use restricted production and business permits for chemicals; Order the destruction of dangerous chemicals, fertilizers; order retesting of fertilizer test results;

f) Directors of the Social Order Management Police Bureau, Highway Traffic Police Bureau, Waterway Traffic Police Bureau, Fire Prevention and Fighting and Rescue Police Bureau have the authority to: Issue warnings; impose fines up to VND 50,000,000 in the field of chemicals; impose fines up to VND 100,000,000 in the field of fertilizers, industrial explosives.

Revoke the right to use restricted production and business permits for chemicals; Export and import permits for chemicals listed in the Table; temporarily suspend chemical production, business activities, operations of Table chemical facilities. Temporarily suspend fertilizer production, processing, business activities. Revoke the right to use licenses and certificates for industrial explosive activities or temporarily suspend industrial explosive activities for a limited period. Confiscate fertilizers with unproven origins; confiscate administrative violation objects and means in industrial explosive activities. Order the restoration of the initial state changed due to administrative violations in industrial explosive activities. Order the demolition of illegal or improperly constructed buildings violating laws in industrial explosive activities; Order the rectification of unsafe conditions caused by administrative violations in industrial explosive activities. Order the relocation of national strategic industrial explosives reserves due to administrative violations to warehouses or locations as prescribed. Order their removal from Vietnam or re-export according to Article 28 of the Law on Handling Administrative Violations.

2. Customs Force

a) Chiefs of Customs Branches, Chiefs of Post-Clearance Inspection Branches, Chiefs of Control Teams under Provincial, Inter-Provincial, and Central City Customs Bureaus, Chiefs of Anti-Smuggling Control Teams, Chiefs of Customs Procedures Teams, Chiefs of Sea Control Teams, and Chiefs of Intellectual Property Protection Control Teams under the General Department of Customs' Anti-Smuggling Investigation Bureau have the authority to: Impose fines up to VND 10,000,000 in the field of chemicals; impose fines up to VND 20,000,000 in the field of fertilizers, industrial explosives.

Suspend production, business, storage activities of chemicals, fertilizers. Order the destruction of dangerous chemicals. Revoke the right to use restricted production and business permits for chemicals; revoke the right to use transportation permits for industrial explosives and explosive precursors for a limited period; confiscate administrative violation objects and means with a value not exceeding VND 20,000,000;

b) Chiefs of the Anti-Smuggling Investigation Bureau, Chiefs of Post-Clearance Inspection Bureaus under the General Department of Customs, Chiefs of Provincial, Inter-Provincial, and Central City Customs Bureaus have the authority to: Impose fines up to VND 25,000,000 in the field of chemicals; impose fines up to VND 50,000,000 in the field of fertilizers, industrial explosives.

Temporarily suspend dangerous chemical production, business, storage activities, DOC, DOC-PSF chemical facility operations; fertilizer production, processing, business activities; industrial explosive activities. Confiscate fertilizers with unproven origins; confiscate administrative violation objects and means in industrial explosive activities, explosive precursors with a value up to VND 50,000,000. Order the restoration of the initial state changed due to administrative violations in industrial explosive activities. Revoke the right to use restricted production and business permits for chemicals; Order the destruction of dangerous chemicals, fertilizers; order retesting of fertilizer test results;

c) Chief of the General Department of Customs has the authority to:

Issue warnings; impose fines up to VND 50,000,000 in the field of chemicals; impose fines up to VND 100,000,000 in the field of fertilizers, industrial explosives.

Revoke the right to use restricted production and business permits for chemicals; Export and import permits for chemicals listed in the Table; temporarily suspend chemical production, business activities, operations of Table chemical facilities. Temporarily suspend fertilizer production, processing, business activities. Revoke the right to use licenses and certificates for industrial explosive activities or temporarily suspend industrial explosive activities for a limited period. Confiscate fertilizers with unproven origins; confiscate administrative violation objects and means in industrial explosive activities. Order the restoration of the initial state changed due to administrative violations in industrial explosive activities. Order the demolition of illegal or improperly constructed buildings violating laws in industrial explosive activities; Order the rectification of unsafe conditions caused by administrative violations in industrial explosive activities. Order the relocation of national strategic industrial explosives reserves due to administrative violations to warehouses or locations as prescribed. Order their removal from Vietnam or re-export according to Article 28 of the Law on Handling Administrative Violations.

Article 41. Management of contraband items and means of administrative violation

1. The procedure for confiscating contraband items and means of administrative violation in the field of industrial explosives shall be implemented in accordance with Article 81 of the Law on Handling Administrative Violations No. 15/2012/QH13 dated June 20, 2012.

2. Confiscated contraband items of industrial explosives must be transferred to the competent state management agency specialized in industrial explosives in accordance with Article 82 of the Law on Handling Administrative Violations No. 15/2012/QH13 dated June 20, 2012.

3. The transportation, handover, and storage of confiscated industrial explosives must comply with current standards and technical regulations on industrial explosives. The specialized state management agency on industrial explosives is responsible for storing industrial explosives; in cases where it does not have its own warehouse, the specialized state management agency on industrial explosives shall designate an organization with a warehouse meeting the conditions to store confiscated industrial explosives.

4. Auctions of confiscated contraband items of industrial explosives shall not be organized; the specialized state management agency on industrial explosives is responsible for appraising and selling confiscated contraband items of industrial explosives to legitimate organizations dealing in industrial explosives. Organizations dealing in industrial explosives are responsible for purchasing confiscated contraband items of industrial explosives.

5. Confiscated contraband items of industrial explosives that have lost their quality must be destroyed. The specialized state management agency on industrial explosives shall establish a destruction committee comprising representatives from relevant agencies. The destruction of confiscated contraband items of industrial explosives must comply with national technical standards on industrial explosives.

6. Costs for storing, transporting, handing over, receiving, and inspecting confiscated items and means, and serving the handling of confiscated items and means that have lost their quality and must be destroyed shall be carried out in accordance with Article 82 of the Law on Handling Administrative Violations.

Article 42. Competence to issue administrative violation penalty records in the fields of chemicals, fertilizers, and industrial explosives

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

a) Those authorized to impose administrative penalties in the fields of chemicals, fertilizers, and industrial explosives;

b) Civil servants, public officials, and People's Police soldiers performing official duties and tasks.

2. Those authorized to issue administrative violation penalty records as stipulated in Clause 1 of this Article have the right to issue administrative records regarding administrative violations within the scope of their assigned official duties and tasks according to prescribed forms and are responsible for issuing such records.

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.

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

Chapter VI
IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from December 31, 2013.

2. This Decree replaces:

a) Decree No. 90/2009/NĐ-CP dated October 20, 2009 of the Government on administrative penalties in the field of chemicals;

b) Decree No. 15/2010/NĐ-CP dated March 1, 2010 of the Government on administrative penalties in the field of fertilizer production and business;

c) Section 2 Chapter V of Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on implementing the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons;

d) Decree No. 64/2005/NĐ-CP dated May 16, 2005 of the Government on administrative penalties in the field of industrial explosives management.

Article 44. Transitional provisions

1. For administrative violations in the field of chemicals, fertilizers, and industrial explosives that occurred before the effective date of this Decree but were discovered later or are still under examination and resolution, the provisions of Decree No. 90/2009/NĐ-CP; Decree No. 15/2010/NĐ-CP; Section 2 Chapter V of Decree No. 100/2005/NĐ-CP; and Decree No. 64/2005/NĐ-CP shall be applied for punishment, except where the provisions on administrative violation penalties in this Decree are more favorable to the violators, in which case the provisions of this Decree shall be applied for punishment.

2. For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individuals or organizations subject to administrative penalties still file complaints, the provisions of Decree No. 90/2009/NĐ-CP; Decree No. 15/2010/NĐ-CP; Section 2 Chapter V of Decree No. 100/2005/NĐ-CP; and Decree No. 64/2005/NĐ-CP shall be applied for resolution.

Article 45. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.