Decree No. 19/2001/ND-CP On Administrative Sanctions for Violations in the Field of Radiation Safety and Control

DECREE

On administrative penalties for violations in the field of radiation safety and control

___________________________

 THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;

Based on the Ordinance on Radiation Safety and Control dated June 25, 1996;

At the request of the Minister of Science, Technology, and Environment;

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. Organizations and individuals who intentionally or negligently commit acts violating state management regulations on radiation safety and control, but not reaching the level of criminal prosecution, shall be subject to administrative penalties as prescribed in this Decree.

2. Administrative violations in the field of state management on radiation safety and control include:

a) Acts violating reporting, registration, and licensing provisions stipulated in the Ordinance on Radiation Safety and Control;

b) Acts violating technical regulations ensuring radiation safety;

c) Acts violating specific provisions of the Ordinance on Radiation Safety and Control and Government Decree No. 50/1998/NĐ-CP dated July 16, 1998 detailing the implementation of the Ordinance on Radiation Safety and Control.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Radiation equipment is equipment capable of emitting ionizing radiation, including devices that emit radiation only when in operation (such as X-ray machines, accelerators...) and radiation equipment with radioactive sources inside (such as teletherapy devices, brachytherapy devices, X-ray analysis machines used in gold and silver shops, irradiation facilities, nuclear reactors...).

2. Effective radiation source (referred to in this Decree as "radiation source") includes sealed and unsealed radiation sources. A radiation source is radioactive material used together with machinery and equipment or used alone in applying nuclear technology to a specific purpose.

3. Sealed radiation source is a radiation source where the radioactive material is enclosed in a special structure casing that ensures it does not escape into the environment under normal operating conditions or in case of a radiation incident.

4. Unsealed radiation source is a radiation source not enclosed in a special structure casing like a sealed radiation source, where radioactive material may leak out in case of a radiation incident.

5. Special radiation work refers to installation, operation, maintenance, repair, and remediation activities related to radiation incidents, reactor accidents, accelerator, radiotherapy machine, industrial irradiation equipment, industrial radiography equipment, and other radiation work involving health risks and requiring special working environments.

6. Radiation safety service involves activities supporting radiation safety operations at radiation facilities, providing personal dosimetry services, designing, constructing, expanding, upgrading radiation facilities such as X-ray rooms, nuclear medicine departments, teletherapy facilities, radioactive source storage facilities, radioactive material and waste storage facilities, radiation safety assessments, environmental impact assessments from radiation, quality testing of radiation equipment, calibration of radiation measurement equipment and radiation equipment.

7. Transport index is an indicator used to monitor exposure, to specify the amount of radioactive material contained in a shipment of radioactive goods to ensure safety during transportation.

8. State management agency for radiation safety and control is the Radiation and Nuclear Safety Authority under the Ministry of Science, Technology, and Environment.

Article 3. Principles for Applying Administrative Sanctions

1. The handling of administrative violations must be conducted by persons with authority in accordance with the provisions of the law.

2. Organizations and individuals shall only be subject to administrative sanctions in the field of safety and radiation control when they commit acts of violation as stipulated in Clause 2, Article 1.

3. All administrative violations in the field of safety and radiation control must be detected promptly and stopped immediately. The imposition of sanctions must be carried out swiftly and fairly; all consequences caused by administrative violations related to safety and radiation control must be remedied in accordance with the provisions of this Decree. Organizations and individuals causing material damage or harm to human health through administrative violations related to safety and radiation control must compensate according to the law.

4. An administrative violation concerning safety and radiation control shall only be sanctioned once.

A person who commits multiple administrative violations concerning safety and radiation control shall be sanctioned for each individual violation.

When multiple people jointly commit an administrative violation concerning safety and radiation control, all violators shall be sanctioned.

5. Administrative sanctions concerning safety and radiation control must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to determine the form of sanction and appropriate measures in accordance with the provisions of this Decree.

Administrative sanctions in the field of safety and radiation control shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair cognitive ability or control over behavior.

6. In cases where sanctions are imposed by fines, the specific amount of fine for a violation prescribed in this Decree is the average of the fine range specified for that violation. If the violation has mitigating circumstances, the specific fine amount shall be lower than the average but not lower than the lowest limit of the fine range. If the violation has aggravating circumstances, the specific fine amount shall be higher than the average but not higher than the highest limit of the fine range.

7. Mitigating and aggravating circumstances shall be applied in accordance with Articles 7 and 8 of the Administrative Violation Handling Ordinance.

Article 4. Forms of Administrative Sanctions in the Field of Safety and Radiation Control

1. Main forms of sanctions: warning or fine.

2. Supplementary sanctions:

a) Suspension for a period or indefinitely of the right to use licenses issued by state management agencies for safety and radiation control.

b) Confiscation of items and means used to commit administrative violations in the field of safety and radiation control.

3. Application of other measures:a) Compel decontamination of areas contaminated by radiation.

b) Compel restoration to the original condition before it was altered due to administrative violations.

c) Compel disposal or burial of radioactive products or goods in accordance with radiation safety regulations.

d) Compel reconstruction of structures and shielding in compliance with radiation safety standards to ensure the surrounding environment.

đ) Compel re-export of contraband items imported in accordance with environmental protection laws.

e) Compel assignment of suitable work for individuals under 18 years old, those prohibited from working due to health conditions as stipulated by the Ministry of Health; pregnant women or nursing mothers as provided in Clause 1, Article 6, and Clause 3, Article 10 of Government Decree No. 50/1998/NĐ-CP dated July 16, 1998, and the Environmental Protection Law.

g) Compel compensation for damages: compensation for damages caused by administrative violations shall be carried out on the principle of agreement between the parties. For damages valued up to VND 1,000,000 that the parties cannot agree upon, the compensation amount shall be decided by the authorized sanctioning authority; for damages valued above VND 1,000,000 if the parties cannot reach an agreement, the matter shall be resolved through civil litigation procedures.

g) Compel compensation for damages: compensation for damages caused by administrative violations shall be carried out on the principle of agreement between the parties. For damages valued up to 1,000,000 VND that the parties cannot agree upon, the level of compensation shall be decided by the authority issuing the penalty decision; for damages valued over 1,000,000 VND, if the parties cannot reach an agreement, they shall be resolved through civil litigation procedures.

Article 5. Statute of limitations for administrative violations and period considered as not having been administratively punished

1. The statute of limitations for administrative violations in the field of radiation safety and control is one year from the date the administrative violation occurs. This period is two years for administrative violations in the export and import of radioactive sources and environmental protection. If these periods have expired, organizations and individuals who have committed the violations will not be subject to punishment, but may be subject to measures provided for at points a, b, c, d, đ, e of Clause 3, Article 4 of this Decree.

2. For individuals who commit administrative violations related to radiation safety and control and are prosecuted, indicted, or have a decision to bring the case to trial under criminal procedure, if there is a decision to terminate the investigation or terminate the case, they shall be subject to administrative punishment if they violate the provisions set forth in this Decree; the statute of limitations for administrative violations is three months from the date of the decision to terminate.

3. Within the time limits specified in Clause 1 and Clause 2 of this Article, if organizations and individuals commit new administrative violations or intentionally evade or obstruct the punishment process, the statute of limitations will be recalculated from the date of the new administrative violation or from the date when the act of evading or obstructing the punishment ends.

4. Organizations and individuals who are administratively punished for radiation safety and control violations, if within one year from the date of completion of the enforcement of the punishment decision or from the date the effectiveness of the punishment decision expires without committing a repeat offense, shall be considered as not having been administratively punished for radiation safety and control violations.

 

Chapter II

VIOLATIONS AND FORMS OF PENALTIES

Article 6. Violations concerning declaration requirements

1. Warning or a fine of up to 200,000 dong for organizations and individuals who declare late but not more than 30 days beyond the prescribed time for one of the following entities: radiation facilities, radioactive sources, radiation equipment, radioactive waste.

2. A fine of from 3,000,000 dong to 5,000,000 dong for organizations and individuals who commit one of the following violations:

a) Deception in declarations, incomplete declarations;

b) Altering, erasing records to meet conditions for exemption from declaration and registration for permit issuance;

c) Failure to declare radiation facilities;

d) Failure to declare radioactive sources, radioactive waste;

đ) Failure to declare radiation equipment.

Article 7. Violations concerning registration requirements

A fine of from 5,000,000 dong to 10,000,000 dong for organizations and individuals who fail to register as required: radiation facilities, radiation equipment, radioactive sources, radioactive waste or storage and disposal sites for radioactive waste.

Article 8. Violations concerning the export and import of radiation equipment, radioactive sources, and the import of radioactive waste

1. A fine of from 5,000,000 dong to 10,000,000 dong for organizations and individuals who export or import radiation equipment or radioactive sources that do not comply with technical parameters specified in the permit.

2. A fine of from 50,000,000 dong to 100,000,000 dong for organizations and individuals who import radioactive waste.

3. Application of other measures:Other measures shall be applied: ordering the re-export of contraband items in accordance with radiation safety regulations.

Article 9. Violations concerning the storage, purchase, and sale of radiation equipment

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on organizations and individuals who commit any of the following acts:

a) Purchasing or selling radiation equipment without a permit issued by the state management agency for radiation safety and control;

b) Storing radiation equipment or radioactive waste without a permit issued by the state management agency for radiation safety and control.

2. Additional sanctions: confiscation of contraband items and means of transportation.

Article 10. Violations concerning the transport of radioactive sources and radioactive waste

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who commit any of the following acts related to the transport of radioactive sources and radioactive waste:

a) Transporting along a route not specified in the permit;

b) Using packaging that does not meet the prescribed radiation safety standards;

c) Packing that does not meet the prescribed radiation safety standards;

d) Using radioactive cargo labels that do not comply with the prescribed radiation safety standards;

đ) Using transportation means that do not comply with the prescribed radiation safety standards;

e) Transporting without a radiation safety officer accompanying the shipment (except when transporting radiation equipment that only emits radiation when in operation);

g) Transporting shipments exceeding the prescribed transport index;

h) Transporting under conditions where the radiation dose in the driver's cabin and at the seating position exceeds the prescribed radiation safety standards.

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on organizations and individuals who allow radioactive sources and radioactive waste to spill during transport.

3. Application of other measures:Other measures shall be applied: decontamination of areas contaminated in the case mentioned in Clause 2 of this Article.

Article 11. Violations concerning the use permit issued by the state management agency for radiation safety and control

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who violate any of the following provisions:

a) Using radiation equipment for medical examination and treatment without a permit;

b) Using radiation equipment to analyze the structure and chemical composition of materials (including determining gold content) and to inspect goods without a permit;

c) Using radiation equipment for scientific research without a permit;

2. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on organizations and individuals who use radiation equipment for non-destructive testing without a permit.

3. Application of other measures:a) Compel decontamination of areas contaminated by radiation.

Compulsory compensation for damages caused by the violation stipulated in Point a Clause 1 of this Article up to VND 1,000,000.

Article 12. Violations concerning upgrading and expanding radiation facilities

A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who violate any of the following provisions:

1. Upgrading or expanding the scope of operations of a radiation facility without a permit issued by the state management agency for radiation safety and control;

2. Reactivating a radiation facility after upgrading or expansion without a reactivation permit issued by the state management agency for radiation safety and control.

Article 13. Performing special radiation work without a permit issued by the state management agency for radiation safety and control

A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on radiation workers who perform special radiation work without a permit as stipulated in Clause 1 of Article 24 of the Radiation Safety and Control Ordinance.

Article 14. Violations of regulations on providing radiation safety services

A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing any of the following violations:

1. Providing radiation safety services without permission from the state management agency for radiation safety and control;

2. Failing to submit individual dose measurement results to the state management agency for radiation safety and control as prescribed in Clause 2, Article 13 of Decree No. 50/1998/ND-CP dated July 16, 1998 of the Government;

3. Additional penalty: suspension of the right to use the license for up to six months for the violation stipulated in Clause 1 of this Article.

Article 15. Violations of conditions specified in the license issued by the state management agency for radiation safety and control

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals violating any of the conditions recorded in the license.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals using radiation sources for purposes other than those specified in the issued license.

3. Additional penalties: suspension of the right to use the license for up to three months for the violation stipulated in Clause 1 of this Article and indefinite suspension of the right to use the license for the violation stipulated in Clause 2 of this Article.

Article 16. Violation of the license expiration date

1. A warning or a fine of up to VND 200,000 shall be imposed on organizations and individuals using an expired operation license or radiation work permit for up to thirty days after the expiration date.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals using an expired operation license or radiation work permit not falling under the circumstances stipulated in Clause 1 of this Article.

Article 17. Violations of regulations on the dissolution of radiation facilities

A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals dissolving radiation facilities in violation of the procedures and steps prescribed in Article 15 of Decree No. 50/1998/ND-CP dated July 16, 1998 of the Government.

Article 18. Violations of regulations on radioactive waste handling and management

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Failing to establish a record keeping file for each discharge of radioactive waste characteristics;

b) Failing to treat or treating radioactive waste not in accordance with the prescribed radiation safety standards.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals improperly using storage pools or warehouses for radioactive waste not in accordance with the prescribed radiation safety standards.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals failing to organize the collection of radioactive waste.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals discharging radioactive waste into the environment beyond permissible levels.

5.a) Compel decontamination of areas contaminated by radiation.

a) Compel reconstruction of the building structure for the violation stipulated in Clause 2 of this Article;

b) Compel decontamination of contaminated areas for the violations stipulated in Clauses 3 and 4 of this Article;

c) Compel compensation for damages caused by the violations stipulated in Sub-clause b of Clause 1, Clause 3, and Clause 4 of this Article up to VND 1,000,000.

Article 19. Violations concerning the location of radiation facilities

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who improperly locate radiation facilities.

2.a) Compel decontamination of areas contaminated by radiation.

Order to move to the designated location and decontaminate areas that have been contaminated.

Article 20. Violations concerning the size of rooms for conducting radiation work

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals using rooms for conducting radiation work that do not meet the prescribed standards.

2.Apply other measures: order to renovate.

Article 21. Violations concerning protective shielding regulations

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Allowing radiation exposure levels to exceed permissible limits;

b) Using rooms for conducting radiation work where the thickness of walls, ceilings, floors, doors, and windows does not meet safety radiation standards, and the bottom edge of windows and ventilation openings is less than 2 meters above the ground outside.

2. Additional penalties and other measures: revoke the permit to use for up to three months, and order to renovate the building structure.

Article 22. Violations concerning environmental protection regulations

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals causing environmental contamination beyond permissible levels during production, processing, and use of radioactive materials and sources.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals failing to promptly address environmental contamination upon discovery.

3. Application of other measures:Apply other measures: Order to decontaminate areas that have been contaminated for violations under Clause 1 and Clause 2 of this Article.

Article 23. Violations concerning specific provisions of the Radiation Safety and Control Ordinance and Decree No. 50/1998/NĐ-CP

1. Warning or a fine of up to VND 200,000 shall be imposed on organizations and individuals violating any of the following provisions:

a) Not having radiation warning signs at designated locations;

b) Not having internal rules on radiation safety for radiation facilities;

c) Not having operating procedures for radiation equipment.

2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on organizations and individuals failing to organize the retention of any of the following records:

a) Environmental radiation monitoring records;

b) Records of regular maintenance of machinery and systems ensuring radiation safety;

c) Health records of radiation workers;

d) Individual dose records of radiation workers;

đ) Records on upgrading, expanding the scope of operations of radiation facilities, periodic quality checks, annual calibration of radiation equipment and sources according to regulations;

e) Operation logs of equipment;

g) Records of radioactive waste disposal;

h) Records on radiation equipment and sources;

i) Records of inspection and supervision rounds.

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on organizations and individuals violating any of the following provisions:

a) Not appointing a radiation safety officer;

b) Appointing a radiation safety officer without a training certificate in accordance with Articles 5, 8, and 26 of Decree No. 50/1998/NĐ-CP dated July 16, 1998 issued by the Government;

c) Not organizing training and retraining of radiation safety knowledge for radiation workers as stipulated in Decree No. 50/1998/NĐ-CP dated July 16, 1998 issued by the Government.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals violating any of the following provisions:

a) Not conducting annual inventory of radiation sources;

b) Not reporting annual radiation safety conditions to the competent state management agency for radiation safety and control;

c) Not having an emergency response plan;

d) Not conducting regular environmental radiation monitoring around radiation facilities;

đ) Not conducting regular workplace radiation monitoring for radiation workers;

e) Not having radiation alarm devices for facilities with reactors, accelerators, irradiation, remote therapy facilities, and facilities for mining and processing radioactive ores;

5. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on organizations and individuals failing to regularly maintain radiation equipment.

6. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on organizations and individuals violating any of the following provisions:

a) Hiring persons under 18 years old as radiation workers;

b) Hiring persons with contraindications to radiation as radiation workers;

c) Not conducting health examinations when hiring radiation workers;

d) Not conducting regular health examinations for radiation workers as required;

đ) Allowing pregnant women and nursing mothers to work with radiation;

e) Not providing personal dosimeters to radiation workers;

g) Not organizing regular evaluations of individual radiation doses as required;

h) Not providing appropriate personal protective equipment to radiation workers;

i) Not providing suitable exhaust cabinets for work involving radioactive gases, vapors, and aerosols;

k) Not having appropriate shielding tools for each type of nuclear technology application work;

l) Not regularly checking the quality of medical radiation equipment used;

m) Not calibrating annually radiation dose measuring devices and radiotherapy sources;

n) Repairing radiation equipment without recalibration and permission to resume use.

7. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Automatically disconnecting the radiation safety assurance system;

b) Not organizing regular maintenance of the radiation safety assurance system.

8.Apply other measures.

Order to assign appropriate work for radiation workers for violations under point a, b, đ of Clause 6 of this Article.

 

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR VIOLATIONS

Article 24. The authority to impose administrative penalties of the People's Committee of districts, towns, urban districts under provinces has the right to: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).LOCAL PEOPLE'S COUNCILS AT ALL LEVELS

1. Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).c) Confiscate objects, means of transport used for administrative violations with a value up to 100,000,000 VND;

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

d) Issue a decision to stop the violation and request the competent state agency to revoke the license;

p) Apply one or more other measures prescribed in Clause 3, Article 4 of this Decree.

đ) Ad) Revoke the right to use licenses issued by the Department of Science and Technology and Environment for up to six months or indefinitely;

1. Loans from local government bonds are recorded as revenue in the provincial budget to fund approved projects. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of provinces and centrally governed cities has the right:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Confiscate the objects and means used to commit administrative violations;

In cases where the revocation of the right to use licenses related to safety and radiation control issued by the state management agency on safety and radiation control is required, the Chairman of the provincial People's Committee shall issue a decision to stop the violation, revoke the license, and request the competent authority to revoke the right to use such license.

p) Apply one or more other measures prescribed in Clause 3, Article 4 of this Decree. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Article 25. The authority to impose administrative penalties of specialized inspection agencies on safety and radiation control

đ) A1. Specialized inspectors on safety and radiation control belonging to the Ministry of Science and Technology and Environment and the Department of Science and Technology and Environment while performing their duties have the right to:

2. The Head of the specialized inspection agency on safety and radiation control belonging to the Department of Science and Technology and Environment has the right to:

c) Confiscate objects, means of transport used to cause violations with a value up to 100,000,000 VND;

a) To issue warnings;

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

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

d) Ad) Revoke the right to use licenses issued by the Department of Science and Technology and Environment for up to six months or indefinitely;

d) Revoke the right to use licenses issued by the Director of the Department of Science and Technology and Environment for up to six months or indefinitely;

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

3. The Head of the specialized inspection agency on safety and radiation control belonging to the Ministry of Science and Technology and Environment has the right to:

c) Revoke the right to use licenses of state management agencies on safety and radiation control under the Ministry of Science and Technology and Environment and the Director of the Department of Science and Technology and Environment for up to six months or indefinitely;

đ) Ad) Revoke the right to use licenses issued by the Department of Science and Technology and Environment for up to six months or indefinitely;

d) Confiscate objects, means of transport used to cause violations;

a) To issue warnings;

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

Article 26. The authority to impose administrative penalties of the Police, Customs, Market Management Agencies, Health Inspection, Labor Inspection, Environmental Inspection, and other specialized inspections

The Police, Customs, Market Management Agencies, Health Inspection, Labor Inspection, Environmental Inspection, and other specialized inspections have the authority to impose administrative penalties according to Articles 29, 30, 33, and 34 of the Administrative Violation Handling Ordinance for administrative violations related to safety and radiation control within the scope of management of their respective Ministries and sectors.

đ) A1. Specialized inspectors on safety and radiation control belonging to the Ministry of Science and Technology and Environment and the Department of Science and Technology and Environment while performing their duties have the right to:

Article 27. Responsibilities of state management agencies on safety and radiation control in handling administrative violations

State management agencies on safety and radiation control under the Ministry of Science and Technology and Environment perform state management functions on safety and radiation control according to the law and are responsible for coordinating with other competent authorities at central and local levels in handling administrative violations related to safety and radiation control when requested by these agencies.

Article 28. Procedures for imposing administrative penalties

1. When discovering acts of violation or signs of administrative violations related to safety and radiation control, the authorized person to impose penalties must immediately issue an order to stop the violation and require organizations and individuals to comply with the provisions of the law on safety and radiation control.

2. In cases where the violation clearly falls under the category of applying a warning penalty, the authorized person to impose penalties decides in writing immediately at the place where the violation occurs.

If it is considered that the violation may require the application of a fine, the authorized person to impose penalties must prepare an administrative violation record in accordance with Article 47 of the Administrative Violation Handling Ordinance.

3. After preparing the administrative violation record, if it is deemed necessary to handle the violation with the opinion and conclusion of the specialized agency on safety and radiation control, the authorized person to impose penalties must submit the case file, evidence of violation, and request for appraisal (if any) to the state management agency on safety and radiation control or the Department of Science and Technology and Environment in accordance with Article 28 of this Decree for opinions on evaluation, conclusions about the violation, and appropriate forms and measures of handling.

Within ten days from the date of receipt of the request document and evidence of violation, the state management agency on safety and radiation control or the Department of Science and Technology and Environment must provide written opinions to the authorized person to impose penalties.

4. Within fifteen days from the date of preparation of the administrative violation record, the authorized person must issue a penalty decision for the violation; in serious cases with many complex circumstances, the above period may be extended but not exceeding thirty days. The decision to impose penalties and the content of the penalty decision must comply with the provisions of Article 48 of the Administrative Violation Handling Ordinance.

The effective date of the penalty decision is the signing date or another date specified in the penalty decision but not later than fifteen days after the signing date of the penalty decision.

The penalty decision must be sent to the organization or individual being penalized and the agency collecting fines within three days from the signing date, and simultaneously must be sent to the state management agency on safety and radiation control under the Ministry of Science and Technology and Environment for coordination in monitoring and implementing procedures for establishing, modifying, suspending, or canceling licenses.

The effective date of the penalty decision is the signing date or another date specified in the penalty decision but not later than 15 days after the signing date of the penalty decision.

The penalty decision must be sent to the organization or individual subject to the penalty and the fine collection agency within three days from the signing date, and at the same time, it must be sent to the state management agency under the Ministry of Science and Technology and Environment responsible for radiation safety and control for coordination in monitoring and implementing procedures for establishing, amending, suspending, or revoking permits.

Article 29. Procedure for Imposing Fines

The imposition of fines must comply with the following provisions:

1. The amount of the fine, the deadline, and the place of payment must be clearly stated in the decision on administrative penalty.

2. Organizations and individuals subject to fines must pay the fine within the deadline at the place specified in the decision on administrative penalty and receive a receipt for the fine payment; when collecting the fine, a receipt for fine collection issued by the Ministry of Finance must be used.

3. It is strictly prohibited for the person imposing the fine to collect the fine on the spot.

4. The collected fine must be deposited into the state budget through an account opened at the State Treasury.

5. Decisions on fines from VND 2,000,000 or more must be sent to the People's Procuracy at the same level.

Article 30. Procedure for Revoking the Right to Use Licenses

1. The procedure for revoking the right to use licenses must comply with the provisions set out in Article 50 of the Ordinance on Handling Administrative Violations.

The authority with the power to impose penalties that decides to apply the form of revoking the right to use licenses must clearly state in the decision on administrative penalty the name, type, number of the license, and the period of revocation of the right to use the license, and at the same time must issue a notification immediately to the agency that issued the license, specifying the reasons and the period of the license being revoked.

In cases where it is deemed necessary to apply a type of license or a period of revocation exceeding their decision-making authority, the authority with the power to impose penalties must issue a decision to stop the violation and request the higher-level agency with the power to impose penalties or the agency that issued the license to issue a decision to revoke the right to use the license or to recover the license.

2. The authority with the power to impose penalties that decides to apply the form of revoking the right to use licenses for a limited period shall do so if they consider that organizations or individuals who have violated can take measures to remedy, limit the consequences caused by the violation, cease the violation, and eliminate the causes and conditions for continuing the violation after a certain period.

Upon completion of the period stated in the decision on administrative penalty, the authority that issued the decision to revoke the right to use the license must return the license to the organization or individual using the license.

3. The authority with the power to impose penalties that decides to apply the form of revoking the right to use licenses indefinitely or recommends the agency that issued the license to recover the license for violations involving large-scale organizations or repeated offenses.

If a license is found to have been issued beyond the authority, not in accordance with prescribed procedures, or containing content contrary to the law, the authority with the power to impose penalties must immediately recover the license and promptly notify the agency that issued the license, the agency with the authority to issue and manage the license.

Article 31. Procedure for Seizing Tangible Evidence and Means of Violation

1. The authority and procedure for applying the measure of seizing tangible evidence and means of violation must comply with the provisions set out in Article 41 of the Ordinance on Handling Administrative Violations.

The measure of seizing tangible evidence and means of violation may be applied in cases where it is necessary to immediately prevent the violation or ensure the necessary evidence to verify the circumstances serving as the basis for deciding to handle the violation.

Upon completion of the period of seizure of tangible evidence and means of violation as prescribed, if it is deemed necessary to apply the measure of confiscating tangible evidence and means of violation, the authority that issued the decision to seize tangible evidence and means of violation may issue a decision or recommend the competent authority to impose penalties to issue a decision to confiscate tangible evidence and means of violation in accordance with Article 51 of the Ordinance on Handling Administrative Violations and Article 32 of this Decree.

Article 32. Procedure for Confiscation of Evidence and Means of Administrative Violations

The procedure for confiscating evidence and means of administrative violations in the field of safety and radiation control shall comply with the provisions stipulated in Article 51 of the Ordinance on Handling of Administrative Violations.

Article 33. Procedure for Disposal of Confiscated Evidence and Means of Administrative Violations

The procedure for disposing of confiscated evidence and means of administrative violations in the field of safety and radiation control shall comply with the provisions stipulated in Article 52 of the Ordinance on Handling of Administrative Violations and the following provisions:

AApply destruction measures in the following cases:

1. Goods that violate regulations and may cause harm to human life, health, and the environment.

2. Goods and items that violate regulations and have no usable value.

Article 34. Enforcement of Penalty Decisions

1. In cases where more than five days have passed since the organization or individual subject to administrative penalty received the penalty decision without voluntarily complying with it, the authorized authority shall issue a decision to enforce the penalty decision.

2. The enforcement of penalty decisions, enforcement of penalty decision enforcement, and the statute of limitations for enforcing administrative violation penalty decisions shall be carried out according to the provisions stipulated in Articles 54, 55, and 56 of the Ordinance on Handling of Administrative Violations.

 

Chapter IV

SETTLEMENT OF COMPLAINTS, REPORTS, HANDLING OF VIOLATIONS AND REWARDS

Article 35. Complaints, Reports and Settlement of Complaints and Reports

1. Organizations and individuals subject to administrative penalties in the field of safety and radiation control or their legitimate representatives have the right to appeal against the penalty decision of the authorized authority for administrative penalties.

2. Citizens have the right to report to competent authorities, organizations, or individuals any administrative violations committed by citizens or organizations in the field of safety and radiation control, or to report illegal acts of the authorized authority for administrative penalties in the field of safety and radiation control.

Within ten days from the date of receipt of the complaint or report, the authority, organization, or individual receiving the complaint or report within its jurisdiction must accept and handle it according to the prescribed procedures and formalities under the Law on Complaints and Reports.

Article 36. Handling of Violations by Authorized Authorities for Administrative Penalties in the Field of Safety and Radiation Control

If the authorized authority for administrative penalties in the field of safety and radiation control commits violations of the provisions on administrative penalties, harassment, tolerance, cover-up for violators, failure to impose penalties, or imposition of penalties beyond their authority, they will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation. In cases causing material damage to the State, organizations, or citizens, compensation must be provided according to the law.

Article 37. Awards

Organizations and individuals who have achievements in providing information, detecting, preventing, and handling administrative violations related to safety and radiation control shall be rewarded according to the general system of the state.

 

Chapter V

IMPLEMENTING PROVISIONS

Article 38. Effective Date

1. This Decree takes effect 15 days from the date of signature.

2. Abolish the provisions at Article 13 and Article 14 of Decree No. 26/CP dated April 26, 1996 of the Government on administrative penalties for environmental protection violations.

Article 39. Implementation Guidance for the Decree

The Minister of Science, Technology, and Environment is responsible for detailing and organizing the implementation of this Decree.

Article 40. Responsibility for Implementing the Decree

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.