Decree No. 31/2007/NĐ-CP On Administrative Sanctions for Violations in the Field of Hazardous Chemicals Management

 

 

DECREE

Regarding administrative penalties for violations in

the field of managing hazardous chemicals

____________

 

THE GOVERNMENT

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

Pursuant to the Administrative Violations Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Industry,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates acts of administrative violations, forms of administrative penalties, fine amounts, measures to remedy consequences, authority, and procedures for handling administrative violations in the field of managing hazardous chemicals.

Acts of administrative violations in the field of managing industrial explosives; managing chemicals listed in the Table under Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction are not subject to the regulations of this Decree.

An administrative violation in the field of managing hazardous chemicals is an intentional or negligent act that violates the provisions of the law in the field of state management over hazardous chemicals without constituting a crime, according to the provisions of this Decree, it must be subject to administrative penalty, including:

1. Violating the provisions regarding research, testing, production of hazardous chemicals.

2. Violating the provisions regarding declaration of hazardous chemicals.

3. Violating the provisions regarding risk assessment of chemicals.

4. Violating the provisions regarding safety data sheets for hazardous chemicals.

5. Violating the provisions regarding labeling of hazardous chemicals.

6. Violating the provisions regarding storage of hazardous chemicals.

7. Violating the provisions regarding transportation of hazardous chemicals.

8. Violating the provisions regarding trading, supplying, exporting, and importing hazardous chemicals.

9. Violating the provisions regarding use of hazardous chemicals.

10. Violating the provisions regarding conditions of persons involved in hazardous chemical activities.

11. Violating the provisions regarding safety zones around areas with hazardous chemical activities.

12. Violating the provisions regarding protection work in areas with hazardous chemical activities.

13. Violating the provisions regarding chemical safety reporting.

14. Administrative violations in the field of managing hazardous chemicals if related to other fields will be penalized according to the administrative penalty regulations of the Government in those fields.

Article 2. Applicability

1. Organizations and individuals of Vietnam committing administrative violations in the field of managing hazardous chemicals as prescribed in Chapter II of this Decree.

2. Foreign organizations and individuals committing administrative violations in the field of managing hazardous chemicals as prescribed in Chapter II of this Decree within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam; except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. Minors committing administrative violations in the field of managing hazardous chemicals shall be punished according to Article 7 of the Administrative Violations Handling Ordinance.

Article 3. Definitions

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

1. "Chemical" means chemical elements and compounds thereof, existing in natural form or created through chemical reactions, physical processes, and biological processes during production.

2. "Hazardous chemical" means toxic chemicals and chemicals that can cause explosions, fires, strong corrosion; adversely affect human health and property, harm animals, plants, the environment, and adversely affect national defense security.

3. "Production of hazardous chemicals" means the process of manufacturing hazardous chemicals.

4. "Use of hazardous chemicals" means the process of using hazardous chemicals in practical applications to achieve specific goals in economic activities (production, construction, basic surveys, training, scientific research...), following a determined technological process.

5. "Trading and supplying hazardous chemicals" means the process of executing purchase and sale contracts, transporting hazardous chemicals.

6. "Storage of hazardous chemicals" means the process of keeping hazardous chemicals in warehouses, specialized containers at storage locations.

7. "Research and trial production of hazardous chemicals" means the process of producing new hazardous chemical products. Research and trial production may include the entire process of creating a product or only one of the steps in the process to determine composition, technological process, production line equipment...

8. "Hazardous chemical activities" means carrying out activities related to investment, research and trial production, testing, production, storage, transportation, supply, and use of hazardous chemicals.

Article 4. Principles for imposing administrative penalties in the field of managing hazardous chemicals

1. All acts of administrative violations in the field of managing hazardous chemicals must be detected promptly and stopped immediately. The imposition of penalties must be carried out quickly, fairly, thoroughly; all consequences caused by administrative violations in the field of managing hazardous chemicals must be remedied according to the law.

2. The imposition of administrative penalties in the field of managing hazardous chemicals must be carried out by the person with authority prescribed in Chapter III of this Decree in accordance with the law.

Organizations and individuals are only subject to administrative penalties in the field of managing hazardous chemicals when they commit violations of the provisions in Chapter II of this Decree.

3. A single act of administrative violation in the field of managing hazardous chemicals shall only be penalized once. If a person commits multiple acts of administrative violations in the field of managing hazardous chemicals, each violation shall be penalized separately; if the forms of penalties are fines, they must be combined into a total fine amount. If multiple people jointly commit a single act of administrative violation in the field of managing hazardous chemicals, each violator shall be penalized.

4. The imposition of administrative penalties in the field of managing hazardous chemicals must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to decide appropriate forms and measures of punishment. Mitigating and aggravating circumstances are applied according to the provisions of Articles 8 and 9 of the Administrative Violations Handling Ordinance and Article 6 of Decree No. 134/2003/NĐ-CP of the Government dated November 14, 2003 detailing the implementation of certain articles of the Administrative Violations Handling Ordinance 2002.

5. Administrative violations in the field of hazardous chemical management shall not be subject to administrative penalties in cases of emergency situations, justifiable self-defense, unexpected events, or when the violator is suffering from mental illness or other diseases that impair their capacity for recognition or control over their actions.

Article 5. Time limit for administrative penalties in the field of hazardous chemical management

1. The time limit for administrative penalties in the field of hazardous chemical management is one year, counted from the date the administrative violation in the field of hazardous chemical management was committed; if this period has expired, no penalty shall be imposed but measures prescribed in Clause 3, Article 7 of this Decree shall still be applied to remedy the consequences caused by such administrative violation.

2. For individuals who have been indicted, prosecuted, or had a case initiated for trial under criminal proceedings but subsequently received a decision to terminate investigation or discontinue the case by the competent authority, if the act of violation also constitutes an administrative violation in the field of hazardous chemical management, they shall be subject to administrative penalties. In this case, the time limit for administrative penalties is three months, counted from the date the competent authority receives the decision to terminate the investigation or discontinue the case and the file of the violation.

3. Within the time limits stipulated in Clauses 1 and 2 of this Article, if an individual or organization commits a new administrative violation in the field of hazardous chemical management or intentionally evades or obstructs the imposition of penalties, the time limits prescribed in Clauses 1 and 2 of this Article shall not apply. The time limit for administrative penalties in the field of hazardous chemical management shall be recalculated from the date of committing the new administrative violation or the date of ceasing the act of evasion or obstruction of the penalty imposition.

4. If the time limit is defined in months or years, it shall be calculated according to the Gregorian calendar month or year, including holidays as provided for in the Labor Code.

Article 6. Period considered as not having been administratively penalized

1. An organization or individual who has been administratively penalized in the field of hazardous chemical management shall be considered as not having been administratively penalized regarding that act if, within one year from the date of completion of the execution of the penalty decision or from the expiration date of the enforcement of the penalty decision, they do not commit the same act of violation again.

2. The period considered as not having been administratively penalized shall be calculated according to the Gregorian calendar year, including holidays as provided for in the Labor Code.

Article 7. Forms of administrative penalties and measures to remedy consequences in the field of hazardous chemical management

1. Principal forms of penalties include:

a) Warning: applicable to individuals or organizations committing minor administrative violations for the first time, with mitigating circumstances, or to all administrative violations committed by juveniles aged 14 or older but under 16. A warning shall be decided in writing;

b) Fine: based on the nature and degree of the violation, the amount of fine within the prescribed fine range for each violation under this Decree shall be determined. The specific fine for an administrative violation in the field of hazardous chemical management is the midpoint of the fine range for that violation; if there are mitigating circumstances, the fine may be reduced but not below the minimum fine level; if there are aggravating circumstances, the fine may be increased but not above the maximum fine level.

2. Supplementary forms of penalties: confiscation of objects and means used to cause administrative violations in the field of hazardous chemical management.

Chapter II
VIOLATIONS OF ADMINISTRATIVE LAW IN THE FIELD OF

HAZARDOUS CHEMICAL MANAGEMENT, FORMS AND AMOUNTS OF PENALTIES

Article 8. Violations concerning research, testing, and production of hazardous chemicals

1. Warning or a fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations or individuals committing any of the following acts:

a) Storing raw materials or products of hazardous chemicals beyond the permitted levels in the production area;

b) Packaging hazardous chemicals incorrectly according to registered specifications;

c) Failing to maintain or maintaining improperly record books and forms used for quality control of hazardous chemical products as required.

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

a) Conducting research or testing of hazardous chemicals not in accordance with the approved research plan's content and conditions;

b) Putting a hazardous chemical production facility into operation without acceptance, handover, and confirmation by the competent state authority that it meets the conditions for hazardous chemical production;

c) Organizing hazardous chemical production without addressing or supplementing requirements set by the competent state authority for production conditions;

d) Failing to maintain or maintaining improperly internal regulations, production procedures, and equipment operation procedures at production sites as required;

đ) Failing to meet grounding system requirements as specified;

e) Removing or damaging safety devices attached to hazardous chemical production equipment;

g) Allowing workers to violate fire prevention, explosion prevention, and poisoning prevention regulations in production areas.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations or individuals committing any of the following acts:

a) Producing hazardous chemicals not listed in the hazardous chemical list established by the competent state authority;

b) Using substandard raw materials or raw materials of unknown origin for hazardous chemical production;

c) Producing hazardous chemicals not matching the registered and permitted product types;

d) Conducting acceptance tests or trials of hazardous chemicals not in accordance with regulations or deliberately falsifying test results;

đ) Failing to conduct or failing to maintain regular quality checks on hazardous chemical products.

4. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on organizations or individuals committing any of the following acts:

a) Organizing research or testing of hazardous chemicals without permission or assignment from the competent state authority.

b) Repairing, altering the structure of parts of the factory building that violate requirements for internal shielding and protection, or violate requirements for escape routes, load-bearing capacity, fire resistance of the construction, or violate labor environmental hygiene standards;

c) Expanding the production area floor space in violation of safety distance conditions with nearby structures and residential areas;

d) Not having an external protective wall or the structure of the external protective wall not meeting requirements when the safe distance has not been ensured as prescribed;

đ) Failing to promptly repair and remedy damage to production workshops and warehouses storing hazardous chemicals, affecting safety conditions in production and storage of hazardous chemicals;

5. Form of supplementary penalty: confiscation of contraband items for violations stipulated at point a, b, Clause 3 of this Article;

6. Application of other measures:

a) Compel restoration to the original state changed due to administrative violations as stipulated at point b, c, d, Clause 4 of this Article;

b) Compel remediation of unsafe conditions caused by administrative violations as stipulated at point đ, e, Clause 2; point đ, Clause 4 of this Article;

Article 9. Violations of regulations on declaration of hazardous chemicals

1. Fine from VND 5,000,000 to VND 10,000,000 for organizations and individuals committing one of the following acts:

a) Due to lack of responsibility or unintentional errors, failing to declare or declaring inaccurately the name, physical-chemical properties, composition, origin, quantity, and purpose of hazardous chemicals;

b) Failing to retain declaration records and related documentation for classification of hazardous chemicals as prescribed;

c) Failing to notify the receiving authority of termination of hazardous chemical activities;

2. Fine from VND 10,000,000 to VND 20,000,000 for organizations and individuals committing one of the following acts: intentionally failing to declare or using deceptive means to declare inaccurately the name, physical-chemical properties, composition, origin, quantity, and purpose of hazardous chemical activities;

3. Application of other measures: compel correction to accurate declaration; retention of declaration records and related documentation for classification of hazardous chemicals as prescribed;

Article 10. Violations of regulations on risk assessment of new chemicals

1. Fine from VND 5,000,000 to VND 10,000,000 for organizations and individuals committing one of the following acts:

a) Failing to establish and maintain a monitoring system, record tracking of impacts, accidents, incidents related to new chemicals;

b) Failing to submit periodic reports on the impact of new chemicals as prescribed;

c) Failing to report promptly to the risk assessment authority about new chemicals showing previously unassessed dangerous signs;

2. Fine from VND 10,000,000 to VND 20,000,000 for organizations and individuals committing one of the following acts: due to lack of responsibility or unintentional errors, failing to register risk assessment of new chemicals as prescribed;

3. Fine from VND 20,000,000 to VND 50,000,000 for organizations and individuals committing one of the following acts: intentionally failing to register risk assessment or using deceptive means to fail to register risk assessment of new chemicals;

4. Application of other measures: compel correction to establish and maintain a monitoring system, reporting, registration as prescribed for violations at point a, b, c, Clause 1 and Clause 2 of this Article;

Article 11. Violations of regulations on hazardous chemical safety data sheets

1. Fine from VND 3,000,000 to VND 5,000,000 for organizations and individuals committing one of the following acts: due to lack of responsibility or unintentional errors, causing omissions or inaccuracies in information and content of hazardous chemical safety data sheets;

2. Fine from VND 5,000,000 to VND 20,000,000 for organizations and individuals committing one of the following acts: intentionally or using deceptive means providing inaccurate information and content of hazardous chemicals in safety data sheets;

3. Application of other measures: compel correction of omissions and inaccuracies in information and content of hazardous chemical safety data sheets for violations at Clause 1 of this Article;

Article 12. Violations of regulations on labeling of hazardous chemicals

1. Fine from VND 10,000,000 to VND 20,000,000 for organizations and individuals committing one of the following acts: failing to label hazardous chemicals;

2. Application of other measures: compel supplementary labeling of hazardous chemicals according to the product labeling regulations of Decree No. 89/2006/NĐ-CP dated September 30, 2006 of the Government;

Article 13. Violations of regulations on storage of hazardous chemicals

1. Warning or fine from VND 500,000 to VND 1,000,000 for organizations and individuals committing the act of not setting up separate warehouses or not equipping distribution facilities for hazardous chemicals at consumption warehouses;

2. Fine from VND 1,000,000 to VND 3,000,000 for organizations and individuals committing one of the following acts:

a) Failing to comply with inventory reporting procedures and warehouse entry-exit formalities for hazardous chemicals;

b) Failing to implement inspection and reporting systems for hazardous chemical imports and exports;

c) Failing to set up warning signs and symbols in hazardous chemical storage areas as prescribed;

3. Fine from VND 3,000,000 to VND 5,000,000 for organizations and individuals committing one of the following acts:

a) Storing hazardous chemicals beyond the storage capacity of the warehouse as prescribed;

b) Storing different groups of hazardous chemicals in the same space without sufficient safety conditions as prescribed;

c) Failing to implement sealing and locking procedures for warehouses as prescribed;

4. Fine from VND 5,000,000 to VND 10,000,000 for organizations and individuals committing one of the following acts:

a) Stacking, handling, or storing hazardous chemicals at locations not approved by competent authorities;

b) Storing hazardous chemicals in warehouses未经翻译的部分已经是正确的英文表述，无需再次翻译。保持原文不变即可。以下是已经正确翻译的部分：

c) Equipping insufficiently or failing to timely repair communication systems as prescribed;

d) Failing to construct or timely repair perimeter fences for hazardous chemical storage warehouses;

d) Failing to maintain and repair guard posts and protection stations in a timely manner;

e) Failing to repair in a timely manner damage to the power supply system and lighting system;

g) Failing to repair in a timely manner damage to the warehouse structure and protective walls;

h) Failing to repair or failing to implement regular inspection and testing regimes for lightning protection systems;

i) Failing to handle expired hazardous chemicals or hazardous chemicals that have deteriorated beyond their quality standards;

k) Storing national reserve hazardous materials in warehouses or locations not in accordance with regulations;

l) Allowing national reserve hazardous materials to be damaged beyond allowable limits without justifiable reasons;

m) Violating confidentiality requirements for national reserves.

5. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals who expand or renovate hazardous chemical storage areas in violation of safety distance requirements, fire prevention, explosion prevention, poisoning prevention, flood prevention, and escape route requirements.

6. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals who fail to construct protective walls or whose protective walls do not meet specifications before ensuring required safety distances.

7. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on organizations and individuals who allow hazardous chemicals to be lost at hazardous chemical storage facilities.

8. Other measures shall be applied:

a) Compel restoration to the original state altered due to administrative violations as stipulated in Clause 5 and Clause 6 of this Article;

b) Compel relocation of national reserve hazardous materials to warehouses or locations in accordance with regulations for violations as stipulated in Point k, Clause 4 of this Article.

Article 14. Violations concerning the transportation of hazardous chemicals

1. Warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Changing the safety conditions of hazardous chemical transport vehicles but failing to report promptly as prescribed;

b) Failing to display prescribed warning signs indicating the loading and unloading area limits.

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

a) Failing to display prescribed warning signs and symbols for hazardous chemical transportation;

b) Damaging or wrinkling Hazardous Chemical Transportation Permits;

c) Failing to remove warning signs and symbols for hazardous chemical transportation attached to transport vehicles once the hazardous chemicals have been unloaded;

d) Returning Hazardous Chemical Transportation Permits without fully reflecting the declared and confirmed contents as prescribed.

3. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Failing to provide or lacking escort personnel as prescribed;

b) Escort personnel and vehicle drivers not meeting prescribed conditions;

c) Operating transport vehicles exceeding the speed limit specified in the Hazardous Chemical Transportation Permit.

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Transporting hazardous chemicals together with other goods prohibited by regulations;

b) Carrying unauthorized personnel on hazardous chemical transport vehicles;

c) Failing to organize warnings during the loading and unloading of hazardous chemicals.

5. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Transporting hazardous chemicals in excess of the permitted quantity specified in the permit;

b) Transporting hazardous chemicals not matching the types specified in the Hazardous Chemical Transportation Permit;

c) Transporting hazardous chemicals belonging to groups prohibited from being transported together according to regulations on the same vehicle;

d) Transporting hazardous chemicals using vehicles not meeting prescribed conditions.

6. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Transporting hazardous chemicals along routes not specified in the transportation permit;

b) Parking hazardous chemical transport vehicles in unauthorized locations.

7. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed on organizations and individuals who lose hazardous chemicals.

8. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed on organizations and individuals who transport hazardous chemicals without a Hazardous Chemical Transportation Permit as prescribed.

9. Additional forms of punishment:

a) Confiscation of the excess quantity of hazardous chemicals transported in violation of the permitted quantity as stipulated in Point a, Clause 5; confiscation of the contraband as stipulated in Point b, Clause 5 of this Article;

b) Suspension of the right to use the driving permit for up to one year for violations as stipulated in Point a, Clause 5, Points a and b, Clause 6 of this Article.

10. Other measures shall be applied: compel rectification of unsafe conditions caused by administrative violations as stipulated in Point a, Clause 4; Points c and d, Clause 5 of this Article.

Article 15. Violations concerning the business, supply, and import/export of hazardous chemicals

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on organizations and individuals who resell unused hazardous chemicals to organizations and individuals not meeting the conditions for using and trading hazardous chemicals as prescribed by law.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on organizations and individuals who sell hazardous chemicals not included in the annual list of approved hazardous chemicals published by competent authorities.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Using subordinate units not listed in the business license to trade and supply hazardous chemicals;

b) Signing contracts or selling hazardous chemicals to organizations and individuals whose hazardous chemical usage has been suspended or temporarily suspended by competent management authorities;

c) Purchasing hazardous chemicals from organizations and individuals not authorized to trade hazardous chemicals.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Exporting or importing equipment for the production and testing of dangerous chemicals without complying with the technical indicators specified in the Permit;

b) Exporting or importing dangerous chemicals not in accordance with the type, quality, and quantity of dangerous chemicals stipulated in the contract that has been approved by the competent state authority for export or import.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on organizations and individuals providing incorrect advice or supplying incorrect information in consulting activities for the establishment of projects for the production of dangerous chemicals or design plans for production but not causing serious consequences.

6. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on organizations and individuals committing any of the following acts: exporting or importing dangerous chemicals without approval from the competent state authority for export or import.

7. Additional sanctions: confiscation of contraband items and means of transportation used in violations as specified in Clause 1; Clause 2; Point c, Clause 3 of this Article.

8. Other measures shall be applied: forcing the removal of contraband items out of the territory of Vietnam or re-exporting them according to the provisions of Article 20 of the Administrative Violations Handling Ordinance for violations related to import as specified in Clause 4; Clause 6 of this Article.

Article 16. Violations concerning the use of dangerous chemicals

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals using dangerous chemicals not in accordance with their intended purpose.

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

a) Not having an approved plan for the use of dangerous chemicals when required by regulations;

b) Using dangerous chemicals not listed in the permitted dangerous chemical list;

c) Using expired dangerous chemicals without implementing additional quality inspection requirements for expired dangerous chemicals.

3. 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) Not inspecting the quality of dangerous chemicals as prescribed before use;

b) Using substandard dangerous chemicals;

c) Not properly storing dangerous chemicals at the place of use;

d) Not defining hazardous zones before using dangerous chemicals;

đ) Not setting up guard stations or posting danger signs at the boundaries of hazardous zones.

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals who commit any of the following acts:

a) Expanding the area of dangerous chemical use beyond the safety distance from adjacent residential areas or structures;

b) Not complying with safety requirements during the use of dangerous chemicals.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations committing any of the following acts:

a) Using dangerous chemicals in violation of protective zones for traffic infrastructure, water conservancy works, oil and gas pipeline transport facilities; violating historical and cultural sites or other important national works;

b) Changing the type, quantity, or method of preparation of dangerous chemicals at the production site without approval from the responsible person.

6. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on organizations and individuals exploiting the use of dangerous chemicals for theft or embezzlement of dangerous chemicals.

7. Additional forms of administrative sanction:

a) Confiscation of contraband items and means of transportation used in violations as specified in Point b, Clause 2; Point b, Clause 3 of this Article;

b) Suspension of the right to use dangerous chemicals for up to six months for violations as specified in Point a, Clause 4; Point a, Clause 5 of this Article; suspension of the right to use dangerous chemicals indefinitely for violations as specified in Clause 6 of this Article.

8. Other measures shall be applied: restoring the original condition prior to administrative violations as specified in Point a, Clause 4 of this Article.

Article 17. Violations concerning the conditions of personnel involved in dangerous chemical activities

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

a) Employing leaders in business operations involving dangerous chemicals who do not meet current standards;

b) Employing workers without appropriate qualifications;

c) Employing workers who have not been trained or educated on safe operating procedures for the production, use, storage, transportation, and testing of dangerous chemicals and techniques for preventing poisoning, fire, and explosion;

d) Not organizing regular training or refresher courses as required for those directly involved in receiving, producing, using, storing, transporting, and testing dangerous chemicals.

Article 18. Violations concerning safety zones around areas with dangerous chemical activities

1. A warning or a fine of VND 50,000 to VND 200,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Entering or gathering within hazardous zones or safety zones without authorization;

b) Grazing livestock or planting crops within safety zones.

2. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed on organizations and individuals burning fires or discharging flammable substances, waste, corrosive materials, or toxic substances into safety zones.

3. A fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals moving boundary markers or unauthorizedly relocating warning signs in hazardous zones.

4. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Not maintaining fireproof distances or clearing flammable vegetation within safety zones;

b) Damaging or destroying protective fences or safety barriers around dangerous chemical storage facilities.

5. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals occupying land within safety zones for construction purposes.

6. Additional sanctions: confiscation of contraband items and means of transportation used in violations as specified in Point b, Clause 1 of this Article.

7. Other measures shall be applied: ordering the demolition of construction works for acts prescribed in Clause 5 of this Article.

Article 19. Violations concerning safety reports on chemicals

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on organizations and individuals committing any of the following acts: failing to submit safety reports on chemicals due to lack of responsibility or unintentional errors.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts: intentionally not submitting reports or using fraudulent means to avoid submitting reports on chemical safety as prescribed.

3. Other measures shall be applied: ordering the submission of safety reports on chemicals as prescribed.

Article 20. Violations concerning the protection of areas with hazardous chemical activities

1. Warning or a fine of from VND 300,000 to VND 500,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Allowing persons without duties to enter hazardous chemical activity areas without authorization;

b) Failing to implement handover procedures when changing shifts;

c) Leaving posts or failing to implement guard and patrol duties during shifts;

d) Failing to report promptly any unusual situations during shifts.

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

a) Failing to establish internal regulations and guard duty systems for hazardous chemical activity areas;

b) Failing to conduct inspections of guard and protection duties in hazardous chemical activity areas as prescribed.

3. A fine of from VND 1,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Failing to allocate sufficient security personnel for guard duties as prescribed;

b) Failing to construct, equip, or provide sufficient security facilities and structures for guard duties in hazardous chemical activity areas as prescribed.

Chapter III
AUTHORITY AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES FOR VIOLATIONS

IN THE FIELD OF MANAGEMENT OF HAZARDOUS CHEMICALS

Article 21. Administrative penalty authority of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee of communes, wards has the authority to impose administrative penalties for violations prescribed in Clauses 1 and 2 of Article 18, including:

a) To issue warnings;

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

c) Confiscating contraband items and means of transport violating management of hazardous chemicals up to VND 500,000 in value;

d) Ordering restoration to the original state changed due to administrative violations in the management of hazardous chemicals.

2. The Chairperson of the People's Committee of districts, towns, cities under provinces has the authority to:

a) To issue warnings;

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

c) Confiscate contraband items and means of transport violating management of hazardous chemicals;

d) Order restoration to the original state changed due to administrative violations in the management of hazardous chemicals;

đ) Order the demolition of unauthorized or improperly constructed buildings violating laws in the management of hazardous chemicals.

3. The Chairperson of the People's Committee of provinces, centrally-administered cities has the authority to:

a) To issue warnings;

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

c) Confiscate contraband items and means of transport violating management of hazardous chemicals;

d) Order restoration to the original state changed due to administrative violations in the management of hazardous chemicals;

đ) Order the demolition of unauthorized or improperly constructed buildings violating laws in the management of hazardous chemicals;

e) Order remediation of unsafe conditions caused by administrative violations;

g) Order the relocation of national strategic hazardous chemicals caused by administrative violations to warehouses or designated locations as prescribed;

h) Order removal from Vietnam or re-exportation according to Article 20 of the Administrative Violation Handling Ordinance.

Article 22. Administrative penalty authority of specialized inspectors in the industrial sector

Specialized inspectors under the Ministry of Industry have the authority to impose administrative penalties for violations nationwide. Specialized inspectors under provincial Departments of Industry have the authority to impose administrative penalties for violations within their jurisdiction.

The administrative penalty authority of specialized inspectors in the field of management of hazardous chemicals is specified as follows:

1. Specialized inspectors under the Ministry of Industry and provincial Departments of Industry have the authority to:

a) To issue warnings;

b) Impose fines up to VND 200,000;

c) Confiscate contraband items and means of transport up to VND 2,000,000 in value;

d) Order restoration to the original state changed due to administrative violations in the management of hazardous chemicals;

đ) Order remediation of unsafe conditions caused by administrative violations.

2. Heads of provincial Departments of Industry have the authority to:

a) To issue warnings;

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

c) Confiscate contraband items and means of transport;

d) Order restoration to the original state changed due to violations;

đ) Order remediation of unsafe conditions caused by violations.

3. Heads of the Ministry of Industry have the authority to:

a) To issue warnings;

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

c) Confiscate contraband items and means of transport;

d) Order restoration to the original state changed due to violations;

đ) Order remediation of unsafe conditions caused by violations;

e) Order the relocation of national strategic hazardous chemicals caused by administrative violations to warehouses or designated locations as prescribed;

g) Order removal from Vietnam or re-exportation according to Article 20 of the Administrative Violation Handling Ordinance.

Article 23. Administrative penalty authority of other forces

In addition to those specified in Articles 21 and 22 of this Decree, persons with authority from police, customs, military, and market management forces who discover administrative violations in the management of hazardous chemicals within their jurisdiction and area of management may impose penalties according to Articles 31, 32, 33, 34, 37, and 38 of the Administrative Violation Handling Ordinance.

Article 24. Delegation of authority and principles for determining administrative penalty authority in the field of management of hazardous chemicals

1. Delegation of authority to impose administrative penalties in the field of management of hazardous chemicals shall be implemented according to Article 41 of the Administrative Violation Handling Ordinance.

2. Principles for determining administrative penalty authority in the field of management of hazardous chemicals shall be implemented according to Article 42 of the Administrative Violation Handling Ordinance.

Article 25. Procedures for imposing administrative penalties in the field of management of hazardous chemicals

1. Procedures and steps for imposing administrative penalties in the field of management of hazardous chemicals shall be carried out according to the provisions of the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP of the Government dated November 14, 2003 detailing implementation of certain articles of the Administrative Violation Handling Ordinance 2002.

2. Documents related to administrative penalties for violations in the management of dangerous chemicals must be fully retained at the penalty enforcement agency. The administrative violation record shall be established according to the model prescribed in Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

3. Individuals and organizations subject to fines must pay the fine within the specified time limit and at the designated location as stated in the penalty decision, except where the fine has been paid on the spot as provided for in Article 54 and Article 58 of the Administrative Violation Handling Ordinance and received a receipt for the fine payment.

4. When applying the form of confiscating contraband items and means of violation, the authorized penalty enforcement authority must comply with the provisions set forth in Article 60 and Article 61 of the Administrative Violation Handling Ordinance and Article 32 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

Article 26. Enforcement of penalty decisions and compulsory enforcement of penalty decisions for administrative violations in the management of dangerous chemicals

1. Individuals and organizations penalized for administrative violations in the management of dangerous chemicals under this Decree must strictly comply with the penalty decision within ten days from the date they are handed the penalty decision, except where otherwise stipulated by law. If individuals or organizations penalized do not voluntarily comply with the penalty decision, they will be subject to compulsory enforcement of the penalty decision pursuant to Article 66 of the Administrative Violation Handling Ordinance and the provisions on compulsory enforcement of penalty decisions for administrative violations under the law.

2. When applying measures for compulsory enforcement of penalty decisions for administrative violations in the management of dangerous chemicals, agencies and persons with authority must adhere to the procedures and formalities for compulsory enforcement as prescribed in Article 66 and Article 67 of the Administrative Violation Handling Ordinance and the provisions on compulsory enforcement of penalty decisions for administrative violations under the law.

Chapter IV
RESOLVING COMPLAINTS AND ACCUSATIONS

AND VIOLATION HANDLING

Article 27. Complaints, accusations, and resolution of complaints and accusations against penalty decisions for administrative violations in the management of dangerous chemicals

1. Individuals and organizations penalized for administrative violations in the management of dangerous chemicals or their legitimate representatives have the right to lodge complaints or initiate lawsuits regarding the penalty imposed on them in accordance with the law.

2. Every citizen has the right to report to competent state authorities about administrative violations in the management of dangerous chemicals committed by individuals or organizations and to report acts of violation by persons with authority to impose penalties for administrative violations in the management of dangerous chemicals.

3. Competence, procedures, processes, and deadlines for resolving complaints, accusations, and administrative lawsuits shall be implemented in accordance with the provisions of the Law on Complaints and Accusations and the Administrative Procedure Ordinance (amended) dated January 5, 1999.

Article 28. Handling violations by persons with authority to impose penalties and persons penalized for administrative violations in the management of dangerous chemicals

1. Persons with authority to impose penalties for administrative violations in the management of dangerous chemicals who engage in harassment or cover-up for violators; fail to handle or handle inadequately, improperly, or beyond their jurisdiction; misappropriate or misuse funds, contraband items, or means related to violations shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be made.

2. Persons penalized for administrative violations in the management of dangerous chemicals who resist public officials, delay, evade compliance with penalty decisions, or commit other violations shall be subject to penalties under corresponding regulatory legal documents on administrative violations or criminal responsibility, if damage is caused, compensation must be made.

Chapter V
IMPLEMENTING PROVISIONS

Article 29. Effectiveness

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

Article 30. Implementation

1. The Ministry of Industry is responsible for monitoring and supervising the implementation of this Decree.

2. 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 enforcing this Decree./.