Decree No. 30/2005/NĐ-CP On Administrative Sanctions for Violations in Surveying and Mapping Activities

DECREE OF THE GOVERNMENT

Regarding administrative penalties for violations in surveying and mapping activities
Surveying and Mapping

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 on surveying and mapping activities;

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

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates the form of administrative penalty, the level of penalty, the authority to impose penalties, the procedure for imposing penalties, and measures to mitigate consequences for acts of administrative violation in surveying and mapping activities.

2. Administrative violations in surveying and mapping activities are actions that violate the provisions of laws on surveying and mapping activities committed intentionally or negligently by organizations or individuals but not constituting criminal offenses, which must be subject to administrative penalties according to the Law on Handling Administrative Violations and this Decree.

3. Acts of administrative violation within the scope regulated by other legal documents, not specified in this Decree but related to the field of publishing and distributing map products shall be subject to administrative penalties in accordance with the provisions of those regulatory legal documents.

Article 2. Applicability

1. Organizations and individuals of Vietnam committing administrative violations in surveying and mapping activities.

2. Foreign organizations and individuals committing administrative violations in surveying and mapping activities within the territory of Vietnam shall be subject to administrative penalties like Vietnamese organizations and individuals, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, in which case such treaties shall apply.

Article 3. Principles and Statute of Limitations for Administrative Penalties

1. The principle of imposing administrative penalties for surveying and mapping activities shall be implemented in accordance with Article 3 of the Law on Handling Administrative Violations and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Law on Handling Administrative Violations in 2002.

2. The statute of limitations for administrative penalties for surveying and mapping activities is one year from the date the administrative violation was committed; if beyond this period, no penalty will be imposed, but measures prescribed in Clause 4, Article 6 of this Decree shall be applied to mitigate the consequences caused by the administrative violation.

Article 4. Time limit considered as not having been administratively penalized

An organization or individual subject to administrative penalties for surveying and mapping activities, if they have not reoffended within one year from the date of completion of the penalty decision or from the expiration of the enforcement period of the penalty decision as stipulated in Article 69 of the Law on Handling Administrative Violations, shall be considered as not having been administratively penalized for that act.

Article 5. Mitigating and Aggravating Circumstances

Mitigating and Aggravating Circumstances Applied in Administrative Penalties for Violations Specified in Chapter II of this Decree shall be implemented in accordance with Article 8, Article 9 of the Law on Handling Administrative Violations and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Law on Handling Administrative Violations in 2002.

Article 6. Forms of Administrative Penalties and Measures to Mitigate Consequences

1. Each act of administrative violation in surveying and mapping activities, the violating organization or individual must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

2. The maximum fine amount for one act of administrative violation in surveying and mapping activities is 100,000,000 Vietnamese Dong.

3. Depending on the nature and degree of violation, the organization or individual committing the administrative violation may be subject to one or more supplementary forms of administrative penalty as follows:

a) Revoking the right to use the license for surveying and mapping activities or recovering the registration confirmation for surveying and mapping activities.

b) Confiscating equipment and means used to commit administrative violations in surveying and mapping activities.

4. In addition to the forms of penalties prescribed in Clause 1 and Clause 3 of this Article, organizations and individuals committing administrative violations in surveying and mapping activities may also be subject to one or more of the following measures to mitigate consequences:

a) Compel restoration to the original condition prior to the change caused by the administrative violation;

b) Compelling the removal of part or all of the construction works violating regulations on management and use of surveying and mapping facilities;

c) Compelling the removal from the territory of Vietnam or cancellation of surveying and mapping products prohibited by Vietnamese law;

d) Compelling the cancellation of products, information, and materials on surveying and mapping caused by the administrative violation;

đ) Compelling the provision of surveying and mapping information and materials in accordance with regulations;

e) Compelling compliance with regulations on technical inspection, quality acceptance of surveying and mapping projects and products; international exchange, import and export of surveying and mapping products, information, and materials.

Article 7. Principle for Determining Fine Amounts

When imposing a fine, the specific fine amount for one act of administrative violation in surveying and mapping activities is the midpoint of the fine range prescribed in this Decree for that act; if the violation has mitigating circumstances, the fine amount may be reduced but not lower than the minimum of the fine range; for violations with aggravating circumstances, the fine amount may be increased but not higher than the maximum of the fine range.

PART II
VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN SURVEYING AND MAPPING ACTIVITIES, FORMS AND LEVELS OF PENALTIES
SURVEYING AND MAPPING

Article 8. Violations of regulations on construction of surveying and mapping facilities

1. A fine of between 500,000 dong and 1,000,000 dong shall be imposed for one of the following violations:

a) Not conducting calibration or testing of equipment and machinery required to be calibrated or tested before use;

b) Using equipment and machinery that do not meet technical standards to construct surveying and mapping projects and products.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Constructing surveying and mapping facilities without a permit from the competent state agency;

b) Constructing not in accordance with the approved technical design by the competent state agency.

3. Measures to remedy consequences:

Cancel the constructed product for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 9. Violations of regulations on registration and issuance of surveying and mapping activity licenses

1. A fine of between 500,000 dong and 1,000,000 dong shall be imposed for using a surveying and mapping activity license that has expired.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of conducting surveying and mapping activities without registration as prescribed or falsifying, deceiving in the registration of surveying and mapping activities.

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the act of falsifying, deceiving in the application for a permit to conduct surveying and mapping activities.

4. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of conducting surveying and mapping activities without a permit as prescribed or not in accordance with the content of the permit for surveying and mapping activities.

5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of amending the permit for surveying and mapping activities issued to an organization.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Revocation of the certificate of registration for surveying and mapping activities for violations stipulated in Clause 2 of this Article;

b) Suspension of the right to use the permit for surveying and mapping activities for a period of one year for violations stipulated in Clause 5 of this Article;

c) Nullification of products for violations stipulated in Clauses 1, 2, and 4 of this Article.

Article 10. Violations of regulations on management, protection, and use of surveying works

1. A fine of VND 100,000 to VND 200,000 shall be imposed on any of the following violations:

a) Failure to report to the land administration officer of the commune, ward, town when using a basic survey point or a national origin survey point;

b) The user of the land, owner of the work, or manager of the work where there is a survey mark (basic survey point or national origin survey point) does not report to the land administration officer of the commune, ward, town when constructing or renovating works that affect the survey mark mentioned above;

c) Failure to restore the initial state after using a basic survey point or a national origin survey point.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of moving, damaging a basic survey point or a national origin survey point.

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Moving, damaging a national origin survey point;

b) Damaging equipment at the station for testing surveying instruments.

4. Measures to remedy consequences:

Compel restoration to the initial state for violations stipulated in point c Clause 1, Clause 2, and Clause 3 of this Article.

Article 11. Obstructing surveying and mapping staff in performing their duties

Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on the act of obstructing surveying and mapping staff in performing their duties.

Article 12. Falsifying surveying and mapping data

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on the act of falsifying the value of parameters that are not primary measurement quantities.

2. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on the act of falsifying the value of primary measurement quantities causing distortion of surveying and mapping results.

3. Additional penalties and measures to remedy consequences:

a) Suspension of the right to use the permit for surveying and mapping activities for a period of one year or revocation of the certificate of registration for surveying and mapping activities for violations stipulated in Clause 2 of this Article;

b) Compel nullification of products for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 13. Violations of regulations on quality and quantity management of surveying and mapping works and products

1. A fine of VND 100,000 to VND 500,000 shall be imposed on the act of failing to properly implement regulations on confirming quality on completed products.

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

a) Technical inspection, acceptance of quality of surveying and mapping works and products not ensuring all items as prescribed;

b) Assigning quality inspection of surveying and mapping works and products to officers who do not meet the requirements for professional qualifications;

c) Using inspection equipment for surveying and mapping works and products that do not meet technical standards as prescribed.

3. Measures to remedy consequences:

a) Compel compliance with regulations on technical inspection and acceptance of quality of surveying and mapping works and products for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compel nullification of inspection results for violations stipulated in point b and c Clause 2 of this Article.

Article 14. Violations of reporting regulations during construction of surveying and mapping works and products

1. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of failing to report during the construction of surveying and mapping works and products as prescribed.

2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the act of failing to promptly report any occurrences during construction.

3. Measures to remedy consequences:

Nullification of constructed generated products for violations stipulated in Clause 2 of this Article.

Article 15. Violations of regulations on supervision and inspection of surveying and mapping activities

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on the act of refusing to provide information related to supervision and inspection of surveying and mapping activities.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of obstructing supervision and inspection of surveying and mapping activities.

3. Additional forms of punishment:

Suspension of the right to use the permit for surveying and mapping activities for a period of one year or revocation of the certificate of registration for surveying and mapping activities for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 16. Violations of regulations on provision and exploitation of surveying and mapping information and materials

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following violations:

a) Provision of surveying and mapping information and materials beyond authority;

b) Use of information, materials, products of surveying and mapping of unclear origin.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on the act of providing incorrect surveying and mapping information and materials.

3. Measures to remedy consequences:

Compel provision of information and materials in accordance with regulations and accurately for violations stipulated in Clause 2 of this Article.

Article 17. Violations of rights to ownership of surveying and mapping information, materials, and products

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on the act of violating rights to ownership of surveying and mapping information, materials, and products.

2. Additional forms of punishment:

Confiscation of all surveying and mapping information, materials, and products for violations stipulated in Clause 1 of this Article.

Article 18. Violations of regulations on international exchange of surveying and mapping information, materials, and products

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

a) Exchanging with foreign organizations and individuals surveying and mapping information and materials incorrectly recorded about administrative boundaries and place names of Vietnam;

b) Bringing into Vietnam information, materials, survey products, and maps that incorrectly record Vietnam's sovereignty over islands and archipelagos in the maritime areas under Vietnam's sovereignty and other place names on Vietnam's territory for the purpose of propaganda.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of trading in exporting and importing information, materials, survey products, and maps that incorrectly record administrative boundaries at various levels and place names.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on the act of international exchange of information, materials, survey products, and maps that incorrectly record Vietnam's sovereignty over islands and archipelagos in the maritime areas under Vietnam's sovereignty and other place names on Vietnam's territory.

4. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed on the act of trading in exporting and importing information, materials, survey products, and maps that incorrectly record Vietnam's sovereignty over islands and archipelagos in the maritime areas under Vietnam's sovereignty and other place names on Vietnam's territory.

5. Measures to remedy consequences:

a) Compel compliance with regulations on international exchange, trading in exporting and importing survey products, information, and materials as provided for in point a, Clause 1, Clauses 2, 3, and 4 of this Article.

b) Order the destruction of survey products, information, and materials as provided for in Clauses 1, 2, 3, and 4 of this Article.

CHAPTER III
AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS IN SURVEYING AND MAPPING ACTIVITIES

Article 19. Authority to impose administrative sanctions in surveying and mapping activities of People's Committees at all levels

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

a) To issue warnings;

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

c) Confiscate objects, equipment, and means used in violation of administrative regulations up to a value of 500,000 VND;

d) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in point a and d, Clause 4, Article 6 of this Decree.

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

a) To issue warnings;

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

c) Suspend the use of licenses for surveying and mapping activities or revoke certificates of registration for surveying and mapping activities;

d) Confiscate objects, equipment, and means used in violation of administrative regulations;

đ) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in points a, b, and d, Clause 4, Article 6 of this Decree.

3. The Chairperson of the People's Committee at the provincial level has the authority:

a) To issue warnings;

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

c) Suspend the use of licenses for surveying and mapping activities or revoke certificates of registration for surveying and mapping activities;

d) Confiscate objects, equipment, and means used in violation of administrative regulations;

đ) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in Clause 4, Article 6 of this Decree.

Article 20. Authority to impose administrative sanctions in surveying and mapping activities of Specialized Inspectors of Natural Resources and Environment

1. Natural Resources and Environment Inspectors performing their duties have the right:

a) To issue warnings;

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

c) Confiscate objects, equipment, and means used in violation of administrative regulations up to a value of 2,000,000 VND;

d) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in points a, b, and d, Clause 4, Article 6 of this Decree.

2. The Head of the Natural Resources and Environment Inspectorate of the Department has the right:

a) To issue warnings;

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

c) Suspend the use of licenses for surveying and mapping activities or revoke certificates of registration for surveying and mapping activities;

d) Confiscate objects, equipment, and means used in violation of administrative regulations;

đ) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in points a, b, and d, Clause 4, Article 6 of this Decree.

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

a) To issue warnings;

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

c) Suspend the use of licenses for surveying and mapping activities or revoke certificates of registration for surveying and mapping activities;

d) Confiscate objects, equipment, and means used in violation of administrative regulations;

đ) Compel the implementation of measures to mitigate consequences caused by violations as stipulated in points a, b, and d, Clause 4, Article 6 of this Decree.

Article 21. delegation and principles for determining authority to handle administrative violations in surveying and mapping activities

1. Delegation to impose administrative sanctions in surveying and mapping activities shall be carried out in accordance with Article 41 of the Administrative Violation Handling Ordinance and Article 14 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

2. Principles for determining authority to impose administrative sanctions in surveying and mapping activities shall be carried out in accordance with Article 42 of the Administrative Violation Handling Ordinance and Article 13 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

Article 22. Procedures for imposing administrative sanctions in surveying and mapping activities

1. Procedures and steps for imposing administrative sanctions in surveying and mapping activities shall be carried out in accordance with the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

2. All administrative violations in surveying and mapping activities subject to sanctions must be recorded in a file and kept intact at the sanctioning agency.

3. Organizations and individuals subject to monetary sanctions must pay the fines in accordance with Articles 54 and 58 of the Administrative Violation Handling Ordinance.

4. When applying the confiscation of surveying and mapping materials, objects, and means used in violation, the authorized person must comply with the provisions of Article 60 and Clause 1, Article 61 of the Administrative Violation Handling Ordinance.

Article 23. Enforcement of decisions on administrative sanctions and enforcement of decisions on administrative sanctions in surveying and mapping activities

1. Organizations and individuals subject to administrative sanctions under this Decree must strictly enforce the sanction decision of the agency or authorized person within the prescribed time limit. If organizations or individuals subject to sanctions fail to enforce the sanction decision or evade enforcement, they will be subject to enforcement of the sanction decision according to Article 66 of the Administrative Violation Handling Ordinance and related legal documents.

2. When applying measures to enforce decisions on administrative sanctions in surveying and mapping activities, agencies and authorized persons must follow the enforcement procedures and steps as prescribed by law.

PART IV
COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 24. Petitioning and Reporting

1. Organizations and individuals subject to administrative sanctions or their legitimate representatives have the right to appeal against the sanction decision of the agency or authorized person.

2. Citizens have the right to report to competent state agencies about administrative sanction decisions in surveying and mapping activities that violate the law.

3. Procedures for appeals and reports and resolution of appeals and reports shall be carried out in accordance with Article 118 of the Administrative Violation Handling Ordinance.

Article 25. Handling of authorized persons imposing administrative sanctions on surveying and mapping activities

The person authorized to impose administrative penalties for violations in surveying and mapping activities who harasses, tolerates, or shields violators, fails to impose penalties, imposes penalties incorrectly, or imposes penalties beyond their authority shall be subject to administrative disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 26. Handling violations against persons subject to administrative penalties

A person penalized for administrative violations in surveying and mapping activities who resists law enforcement officers, delays, evades compliance, or commits other violations shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 27. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 28. Implementation

The Minister of Natural Resources and Environment, within the scope of their functions and duties, is responsible for guiding and organizing the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.