Decree No. 34/2005/NĐ-CP On Administrative Sanctions for Violations in the Field of Water Resources

DECREE OF THE GOVERNMENT

Provisions on administrative penalties for violations
in the field of water resources

THE GOVERNMENT

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

Pursuant to the Water Resources Law dated May 20, 1998;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, listing the Ministries and ministerial-level agencies of the Government;

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

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 acts of administrative violation in the field of water resources; forms of penalty, fine amounts, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.

2. Administrative violations in the field of water resources are acts that violate state management regulations in the field of water resources committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be subject to administrative penalties according to the Administrative Violations Handling Ordinance and this Decree.

3. Administrative violations in the field of water resources specified in this Decree include:

a) Violations of regulations on protecting water resources;

b) Violations of regulations on exploring, exploiting, using water resources, discharging wastewater into water sources;

c) Violations of regulations on collecting, managing, exploiting, using data and information on water resources and other violations in the field of water resources.

4. Acts of administrative violation related to the field of water resources prescribed in other Decrees of the Government shall be handled according to those Decrees.

Article 2. Subjects Subject to Penalty

1. Individuals and organizations within Vietnam and foreign individuals and organizations (hereinafter referred to collectively as individuals and organizations) who commit administrative violations in the field of water resources on Vietnamese territory shall be subject to penalties under this Decree and relevant Decrees.

In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide differently from the provisions of this Decree, such treaties shall prevail.

2. Minors committing administrative violations in the field of water resources shall be penalized according to Article 7 of the Administrative Violations Handling Ordinance.

3. Civil servants when performing official duties related to water resource management and committing violations of water resource laws shall not be subject to administrative penalties under this Decree but shall be dealt with according to Article 7, Clause 2 of the Civil Servant Ordinance.

Article 3. Principles of Penalty Imposition

All administrative violations in the field of water resources must be promptly discovered, stopped, and handled. Administrative penalties must be carried out quickly, fairly, and thoroughly; all consequences caused by administrative violations must be remedied according to this Decree and relevant laws.

2. Individuals and organizations shall be subject to administrative penalties when they commit administrative violations as prescribed in this Decree.

3. Administrative penalties must be imposed by persons authorized under Articles 17, 18, 19, and 20 of this Decree.

4. A single administrative violation shall only be subject to one administrative sanction.

When multiple individuals jointly commit an act of administrative violation, each violator shall be subject to penalty.

When an individual commits multiple acts of administrative violation, penalties shall be imposed for each separate act of violation.

5. Administrative violations shall not be processed in situations of emergency, justifiable self-defense, unexpected events, or when the individual is suffering from mental illness or other diseases that impair their ability to recognize or control their actions.

6. The main form of penalty may be applied independently; supplementary forms of penalty and remedial measures can only be applied concurrently with the main form of penalty for acts of administrative violation that have supplementary forms of penalty and remedial measures prescribed in this Decree, except for the cases provided for in Clause 1 of Article 5 of this Decree.

7. The form and degree of penalty shall be determined based on the nature and extent of the violation, the consequences of the act of administrative violation, the background of the person committing the violation, mitigating circumstances, and aggravating circumstances.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applicable when imposing administrative penalties in the field of water resources shall be implemented according to Article 8 and Article 9 of the Administrative Violations Handling Ordinance and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violations Handling Ordinance (hereinafter referred to as Decree No. 134/2003/NĐ-CP).

Article 5. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties in the field of water resources is one (1) year, calculated from the date the act of administrative violation was committed. Beyond this period, penalties will not be imposed, but remedial measures prescribed in Clause 3 of Article 7 of this Decree will still apply.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings but were later subject to a decision to terminate investigation or close the case due to administrative violations, they shall be subject to administrative penalties; in this case, the statute of limitations for administrative penalties is three months from the date the authority responsible for imposing administrative penalties receives the decision to terminate and the case file from the investigative agency.

3. Within the time limit specified in Clauses 1 and 2 of this Article, if individuals or organizations again commit new acts of administrative violation in the field of water resources or deliberately evade or obstruct the imposition of penalties, the statute of limitations specified in Clauses 1 and 2 of this Article will not apply; the statute of limitations for administrative penalties will be recalculated from the date of the new act of administrative violation or the date when the deliberate evasion or obstruction of the imposition of penalties ceases.

Article 6. Time considered as not having been penalized

The time considered as not having been subject to administrative penalties in the field of water resources shall be implemented according to Clause 1 of Article 11 of the Administrative Violations Handling Ordinance and Article 7 of Decree No. 134/2003/NĐ-CP.

Article 7. Forms of administrative penalties and measures to remedy consequences

1. For each administrative violation in the field of water resources, the violator, whether an individual or organization, shall be subject to one of the following main forms of administrative punishment:

a) Warning;

b) Fine.

The maximum fine for a single administrative violation in the field of water resources is 100,000,000 Vietnamese dong.

The specific fine for a single administrative violation in the field of water resources is the midpoint of the fine range prescribed for that violation; the midpoint of the fine range is implemented according to Clause 2, Article 57 of the Administrative Violation Handling Ordinance and Article 24 of Decree No. 134/2003/NĐ-CP.

If the violation has mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range for that violation.

If the violation has aggravating circumstances, the fine may be increased but not above the maximum level of the fine range for that violation.

2. Depending on the nature and degree of the violation, the violator, whether an individual or organization, may also be subject to one or two supplementary forms of punishment as follows:

a) Revocation of the permit for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources; underground water drilling business permit;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of punishment provided for in Clause 1 and Clause 2 of this Article, the violator, whether an individual or organization, may also be subject to one or more measures to remedy the consequences as follows:

a) Compel restoration to the original state altered due to the administrative violation or removal of unauthorized construction works, dismantling and relocation of objects obstructing flow;

b) Compel implementation of measures to address pollution, degradation in quality and quantity of water sources caused by the administrative violation;

c) Compel compliance with the provisions in the permit;

d) Compel provision of complete and truthful data and information about water resources in the area of exploration, exploitation, utilization of water resources, discharge of wastewater into water sources when requested by the competent authority;

4. If the violator, whether an individual or organization, does not voluntarily comply with the forms of punishment and remedial measures stipulated in this Article, coercive measures will be applied and they must bear all costs associated with such coercive measures. Coercive enforcement shall be carried out in accordance with Article 66 of the Administrative Violation Handling Ordinance.

PART II
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF WATER RESOURCES, FORMS OF PUNISHMENT AND AMOUNTS OF FINES
WATER RESOURCES, FORMS OF PENALTY AND AMOUNT OF FINE

Article 8. Violations in exploration, exploitation, utilization of water resources, discharge of wastewater into water sources without a permit as required by law

1. Fine from 200,000 dong to 500,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with a depth under 50 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity under 50 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate under 0.2 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate under 3,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate under 200 m3/day-night.

2. Fine from 500,000 dong to 1,000,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with a depth of 50 meters or more;

b) Exploitation and utilization of surface water for power generation with installed capacity from 50 kW to under 300 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 0.2 m3/second to under 0.5 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 3,000 m3/day-night to under 20,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 200 m3/day-night to under 400 m3/day-night.

3. Fine from 1,000,000 dong to 2,000,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with two wells, total depth under 80 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity from 300 kW to under 700 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 0.5 m3/second to under 1 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 20,000 m3/day-night to under 50,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 400 m3/day-night to under 800 m3/day-night.

4. Fine from 2,000,000 dong to 5,000,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with two wells, total depth of 80 meters or more;

b) Exploitation and utilization of surface water for power generation with installed capacity from 700 kW to under 1,800 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 1 m3/second to under 2 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 50,000 m3/day-night to under 100,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 800 m3/day-night to under 1,500 m3/day-night.

5. Fine from 5,000,000 dong to 10,000,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with three wells, total depth under 100 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity from 1,800 kW to under 3,500 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate of 2 m3/second or more;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 100,000 m3/day-night to under 200,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 1,500 m3/day-night to under 3,000 m3/day-night.

6. Fine from 10,000,000 dong to 15,000,000 dong for one of the following acts of exploration, exploitation, utilization of water resources without a permit:

a) Drilling underground water exploration wells with three wells, total depth of 100 meters or more;

b) Exploiting and using surface water for power generation with installed capacity from 3,500 kW to less than 5,000 kW;

c) Exploiting and using surface water for other purposes with flow rate from 200,000 m³/day-night to less than 300,000 m³/day-night;

d) Exploiting and using groundwater with flow rate from 3,000 m³/day-night to less than 4,000 m³/day-night.

7. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following acts of investigating, exploiting, and using water resources without a permit:

a) Drilling to investigate groundwater with a project including four or more wells;

b) Exploiting and using surface water for power generation with installed capacity of 5,000 kW or more;

c) Exploiting and using surface water for other purposes with flow rate of 300,000 m³/day-night or more;

d) Exploiting and using groundwater with flow rate of 4,000 m³/day-night or more.

8. The act of discharging wastewater into water sources without a permit as prescribed by law:

a) A fine of VND 10,000,000 to VND 12,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 10 m³/day-night to less than 50 m³/day-night;

b) A fine of VND 12,000,000 to VND 14,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 50 m³/day-night to less than 100 m³/day-night;

c) A fine of VND 14,000,000 to VND 16,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 100 m³/day-night to less than 500 m³/day-night;

d) A fine of VND 16,000,000 to VND 18,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 500 m³/day-night to less than 1,000 m³/day-night;

đ) A fine of VND 18,000,000 to VND 20,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 1,000 m³/day-night to less than 2,000 m³/day-night;

e) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater from 2,000 m³/day-night to less than 5,000 m³/day-night;

g) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater of 5,000 m³/day-night or more.

9. Additional forms of administrative sanctions and measures to remedy consequences for violations stipulated in this Article:

a) Confiscation of objects and means used to commit administrative violations;

b) Compelling the implementation of measures to remediate pollution, degradation of water quality and quantity in cases where the violation causes pollution, degradation of water quality and quantity.

Article 9. Violations of regulations on permits for investigating, exploiting, and using water resources, discharging wastewater into water sources

1. A fine of VND 100,000 to VND 500,000 shall be imposed on any of the following violations:

a) Failure to report investigation results as prescribed;

b) Obstructing the lawful rights of organizations and individuals to investigate, exploit, and use water resources;

c) Failure to provide complete and truthful data and information about water resources in the area of investigation, exploitation, and use of water resources, discharge of wastewater into water sources when requested by competent state authorities;

d) Failure to comply with reporting requirements regarding the results of exploitation and use of water resources, discharge of wastewater into water sources to competent state authorities as prescribed by law.

2. In cases of exploiting and using water resources exceeding the provisions in the permit, the excess volume shall be subject to administrative sanctions according to the provisions in the case of no permit (Article 8) of this Decree.

3. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on any of the following violations:

a) Exploiting groundwater not in accordance with the aquifer;

b) Exploiting groundwater not in accordance with the regime specified in the permit;

c) Exploiting groundwater not in accordance with the location specified in the permit.

4. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on one of the following violations:

a) Investigating groundwater not in accordance with the contents of the permit;

b) Failure to monitor the investigation, exploitation, and use of water resources, discharge of wastewater into water sources according to the guidance of competent state management agencies;

c) Failure to implement safety measures, preventive measures, and remediation measures during the investigation, exploitation, and use of water resources, discharge of wastewater into water sources;

d) Permit holder discharging wastewater into water sources not in accordance with the location specified in the permit.

5. The act of discharging wastewater into water sources with a discharge volume exceeding the provisions in the permit:

a) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 10 m³/day-night to less than 50 m³/day-night;

b) A fine of VND 7,000,000 to VND 9,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 50 m³/day-night to less than 100 m³/day-night;

c) A fine of VND 9,000,000 to VND 11,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 100 m³/day-night to less than 500 m³/day-night;

d) A fine of VND 11,000,000 to VND 13,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 500 m³/day-night to less than 1,000 m³/day-night;

đ) A fine of VND 13,000,000 to VND 15,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 1,000 m³/day-night to less than 2,000 m³/day-night;

e) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions from 2,000 m³/day-night to less than 5,000 m³/day-night;

g) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for discharging wastewater into water sources with a volume of wastewater exceeding the permit provisions of 5,000 m³/day-night or more.

6. Measures to remedy consequences for violations under this Article:

a) Compelling the implementation of measures to remediate pollution, degradation of water quality and quantity in cases where the violation causes pollution, degradation of water quality and quantity;

b) Compelling compliance with the provisions in the permit.

Article 10. Forms of administrative sanctions and fines for the acts of lending, renting, transferring, and modifying the contents of permits for investigating, exploiting, and using water resources, discharging wastewater into water sources.

1. A fine of VND 10,000,000 to VND 12,000,000 shall be imposed on the acts of lending, renting, and transferring permits.

2. A fine of from twenty million (20,000,000) dong to thirty million (30,000,000) dong shall be imposed for the act of amending the content of a permit.

3. The additional form of punishment for violations under this Article:

a) Revocation of the right to use the permit for a period of ninety (90) days to one hundred eighty (180) days in the case of lending or renting out the permit;

b) Revocation of the right to use the permit in the case of transferring the permit and amending its content.

Article 11. Using an expired permit

1. A warning shall be imposed for the act of investigating, exploiting, using water resources, discharging wastewater into water sources when the permit has expired for less than thirty (30) days, except in cases where an application for extension has been submitted in accordance with regulations.

2. A fine of from one hundred thousand (100,000) dong to four hundred thousand (400,000) dong shall be imposed for any of the acts of continuing to investigate, exploit, use water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with a depth under 50 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity under 50 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate under 0.2 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate under 3,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate under 200 m3/day-night.

3. A fine of from four hundred thousand (400,000) dong to eight hundred thousand (800,000) dong shall be imposed for any of the acts of continuing to investigate, exploit, use water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with a depth of 50 meters or more;

b) Exploitation and utilization of surface water for power generation with installed capacity from 50 kW to under 300 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 0.2 m3/second to under 0.5 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 3,000 m3/day-night to under 20,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 200 m3/day-night to under 400 m3/day-night.

4. A fine of from eight hundred thousand (800,000) dong to one million five hundred thousand (1,500,000) dong shall be imposed for any of the acts of continuing to investigate, exploit, use water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with two wells, total depth under 80 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity from 300 kW to under 700 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 0.5 m3/second to under 1 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 20,000 m3/day-night to under 50,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 400 m3/day-night to under 800 m3/day-night.

5. A fine of from one million five hundred thousand (1,500,000) dong to four million (4,000,000) dong shall be imposed for any of the acts of continuing to investigate, exploit, use water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with two wells, total depth of 80 meters or more;

b) Exploitation and utilization of surface water for power generation with installed capacity from 700 kW to under 1,800 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate from 1 m3/second to under 2 m3/second;

d) Exploitation and utilization of surface water for other purposes with a flow rate from 50,000 m3/day-night to under 100,000 m3/day-night;

đ) Exploitation and utilization of underground water with a flow rate from 800 m3/day-night to under 1,500 m3/day-night.

6. A fine of from four million (4,000,000) dong to eight million (8,000,000) dong shall be imposed for any of the acts of continuing to investigate, exploit, use water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with three wells, total depth under 100 meters;

b) Exploitation and utilization of surface water for power generation with installed capacity from 1,800 kW to under 3,500 kW;

c) Exploitation and utilization of surface water for agricultural production with a flow rate of 2 m3/second or more;

d) Exploiting surface water for other purposes with a flow rate
from one hundred thousand (100,000) cubic meters per day-night to less than two hundred thousand (200,000) cubic meters per day-night;

đ) Exploitation and utilization of underground water with a flow rate from 1,500 m3/day-night to under 3,000 m3/day-night.

7. A fine of from eight million (8,000,000) dong to twelve million (12,000,000) dong shall be imposed for any of the acts of investigating, exploiting, using water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling underground water exploration wells with three wells, total depth of 100 meters or more;

b) Exploiting and using surface water for power generation with installed capacity from 3,500 kW to less than 5,000 kW;

c) Exploiting and using surface water for other purposes with flow rate from 200,000 m³/day-night to less than 300,000 m³/day-night;

d) Exploiting and using groundwater with flow rate from 3,000 m³/day-night to less than 4,000 m³/day-night.

8. A fine of from twelve million (12,000,000) dong to sixteen million (16,000,000) dong shall be imposed for any of the acts of investigating, exploiting, using water resources when the permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) Drilling to investigate groundwater with a project including four or more wells;

b) Exploiting and using surface water for power generation with installed capacity of 5,000 kW or more;

c) Exploiting and using surface water for other purposes with flow rate of 300,000 m³/day-night or more;

d) Exploiting and using groundwater with flow rate of 4,000 m³/day-night or more.

9. The act of continuing to discharge wastewater into water sources when the wastewater discharge permit has expired for thirty (30) days to less than sixty (60) days, except in cases where an application for extension has been submitted in accordance with regulations:

a) A fine of from two hundred thousand (200,000) dong to five hundred thousand (500,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from ten (10) cubic meters per day-night to less than fifty (50) cubic meters per day-night;

b) A fine of from five hundred thousand (500,000) dong to one million (1,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from fifty (50) cubic meters per day-night to less than one hundred (100) cubic meters per day-night;

c) A fine of from one million (1,000,000) dong to two million (2,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from one hundred (100) cubic meters per day-night to less than five hundred (500) cubic meters per day-night;

d) A fine of from two million (2,000,000) dong to four million (4,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from five hundred (500) cubic meters per day-night to less than one thousand (1,000) cubic meters per day-night;

đ) A fine of from four million (4,000,000) dong to six million (6,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from one thousand (1,000) cubic meters per day-night to less than two thousand (2,000) cubic meters per day-night;

e) A fine of from six million (6,000,000) dong to eight million (8,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes from two thousand (2,000) cubic meters per day-night to less than five thousand (5,000) cubic meters per day-night;

g) A fine of from eight million (8,000,000) dong to ten million (10,000,000) dong shall be imposed for the act of continuing to discharge into water sources wastewater volumes of five thousand (5,000) cubic meters per day-night or more.

10. In the case where the permit has expired for sixty (60) days or more, the form of punishment shall be applied as in the case of investigating, exploiting, using water resources, discharging wastewater into water sources without a permit (Article 8) of this Decree.

11. The additional form of punishment and measures to remedy consequences for violations under this Article:

a) Confiscation of objects and means used to commit administrative violations;

b) Revocation of the right to use the permit for investigating, exploiting, using water resources, discharging wastewater into water sources;

c) Compelling the implementation of measures to remedy pollution, reduction in quality and quantity of water sources in cases where the violation causes pollution, reduction in quality and quantity of water sources.

Article 12. Violation of regulations on groundwater drilling operations

1. A fine of from five hundred thousand (500,000) dong to one million (1,000,000) dong shall be imposed for the act of not implementing annual periodic reports on drilling investigations, exploitation as required.

2. A fine of from two million (2,000,000) dong to four million (4,000,000) dong shall be imposed for any of the following violations:

a) Continuing groundwater drilling operations when the permit has expired;

b) Implementing wells that do not comply with approved procedures and technical designs, affecting the quantity and quality of groundwater;

c) Not backfilling drill holes as required;

d) Conducting groundwater investigation and exploitation drilling for organizations or individuals without a permit.

3. A fine of from ten million (10,000,000) dong to fourteen million (14,000,000) dong shall be imposed for any of the following violations:

a) Engaging in groundwater drilling outside the areas specified in the permit;

b) Using another individual's or organization's drilling operation permit to engage in groundwater drilling;

c) Engaging in groundwater drilling without a permit as prescribed by law.

4. The additional form of punishment and measures to remedy consequences for violations stipulated in this Article:

a) Confiscation of contraband items and equipment for violations at point a clause 2; point a clause 3;

b) Revocation of the right to use the permit for groundwater drilling operations for violations at points a, b clause 3;

c) Compelling restoration to the original state prior to the administrative violation; compelling remediation of pollution, reduction in quality and quantity of water sources for violations at point b clause 2.

Article 13. Causing damage to equipment, facilities, and devices within the network system of basic water resources investigation stations

1. A fine of from VND 50,000 to VND 200,000 shall be imposed for grazing animals within the protected areas of observation stations, measuring stations, and monitoring gardens collecting data and information on water resources.

2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for encroaching upon air, surface water, underwater, and underground safety zones, thereby obstructing and distorting measurement, observation, and data collection results concerning water resources.

3. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed for causing damage to equipment, facilities, and devices used for measurement, observation, and data collection related to water resources.

4. Remedial measures for violations stipulated in this Article:

Obligation to restore the initial state altered due to administrative violations.

Article 14. Violating regulations on the collection, management, exploitation, and use of data and information on water resources

1. A fine of from VND 50,000 to VND 100,000 shall be imposed for obstructing the observation, collection, exchange, exploitation, and use of data and information on water resources approved by competent authorities.

2. A fine of from VND 50,000 to VND 200,000 shall be imposed for any of the following violations:

a) Failure to comply with regulations on data processing concerning water resources;

b) Providing data and information on water resources beyond functional scope or authority.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for unauthorized access to the data storage system concerning water resources.

4. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for failing to submit complete survey, exploration, observation data, and related documents to the data storage agency as prescribed by competent authorities.

5. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for falsifying or erasing data and information on water resources.

6. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for providing inaccurate calculation figures, investigation, and exploration conclusions to the data storage agency.

Article 15. Obstructing state management activities regarding water resources

1. A fine of from VND 100,000 to VND 500,000 shall be imposed for obstructing scientific research, surveys, and assessments of water sources permitted by authorized state agencies in designated areas.

2. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for obstructing inspections and audits of water resources conducted by authorized state agencies.

Article 16. Other violations in the field of water resources

1. A fine of from VND 50,000 to VND 100,000 shall be imposed for small-scale groundwater extraction within family premises that require registration but have not completed registration procedures.

2. A fine of from VND 200,000 to VND 500,000 shall be imposed for any of the following violations:

a) Soaking bamboo, reeds, leaves, wood, rush, acacia; setting up stakes, anchors, or other objects that obstruct river flows and adversely affect the extraction and use of water resources by others;

b) Dumping waste materials, soil, and rocks into public rivers, streams, ponds, lakes, and marshes with a volume under 2 cubic meters;

c) Extracting sand, gravel, construction materials; mining minerals using rudimentary means in rivers and sources causing water pollution.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for dumping waste materials, soil, and rocks into public rivers, streams, ponds, lakes, and marshes with a volume from 2 cubic meters to less than 10 cubic meters.

4. A fine of from VND 4,000,000 to VND 7,000,000 shall be imposed for dumping waste materials, soil, and rocks into public rivers, streams, ponds, lakes, and marshes with a volume of 10 cubic meters or more, or filling and occupying water surfaces with an area of 10 square meters or more.

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

a) Extracting sand, gravel, construction materials; mining minerals using mechanical means causing water pollution; causing erosion and bank collapse of rivers and lakes;

b) Constructing underground works, ground-level structures, and foundation treatments without adhering to technical safety standards and protective measures for aquifers and related environments.

6. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for polluting the sanitary protection zone of drinking water supply areas defined by authorized state agencies.

7. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for any of the following violations:

a) Illegally discharging wastewater into aquifers;

b) Extracting groundwater in prohibited areas.

Additional penalties and remedial measures for violations stipulated in this Article:

a) Obligation to remove or relocate objects obstructing river flow for violations at point a, Clause 2;

b) Obligation to restore the initial state altered due to violations at point b, Clause 2; Clause 3; Clause 4; point a, Clause 5;

c) Obligation to implement measures to mitigate pollution caused by violations.

CHAPTER III
AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES IN THE FIELD OF WATER RESOURCES

Article 17. Authority to impose fines of the Chairman of the People's Committee of Communes

1. To issue warnings.

2. A fine of up to VND 500,000.

3. Confiscation of items and means used in administrative violations valued up to VND 500,000.

4. Application of remedial measures as stipulated in Clause 3, Article 7 of this Decree.

Article 18. Authority to impose fines of the Chairman of the People's Committee of Districts

1. To issue warnings.

2. A fine of up to VND 20,000,000.

3. Confiscation of items and means used in administrative violations.

4. Suspension of the right to use drilling licenses, exploration permits, water resource exploitation and utilization permits, and wastewater discharge permits into water sources.

5. Application of remedial measures as stipulated in Clause 3, Article 7 of this Decree.

Article 19. Authority to impose fines of the Chairman of the People's Committee of Provinces

1. To issue warnings.

2. A fine of up to VND 100,000,000.

3. Suspension of the right to use drilling licenses, exploration permits, water resource exploitation and utilization permits, and wastewater discharge permits into water sources.

4. Confiscation of items and means used in administrative violations.

5. Application of remedial measures as stipulated in Clause 3, Article 7 of this Decree.

Article 20. Competent Authority to Impose Administrative Penalties for Natural Resources and Environment Inspection

1. Inspectors of the Department of Natural Resources and Environment and the Ministry of Natural Resources and Environment have the authority to impose administrative penalties in the field of water resources:

a) To issue warnings;

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

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

d) Apply remedial measures prescribed at clause 3, Article 7 of this Decree.

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

a) To issue warnings;

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

c) Revoke the right to use drilling licenses, exploration, exploitation, utilization of water resources permits, and discharge wastewater permits;

d) To confiscate objects and means used for administrative violations;

d) Apply remedial measures prescribed in Clause 3, Article 7 of this Decree.

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

a) To issue warnings;

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

c) Revoke the right to use drilling licenses, exploration, exploitation, utilization of water resources permits, and discharge wastewater permits;

d) Confiscate objects and means used to commit administrative violations;

d) Apply remedial measures prescribed in Clause 3, Article 7 of this Decree.

Article 21. 2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

1. When discovering administrative violations in the field of water resources, the competent authority imposing penalties must immediately issue an order to stop the violation, simultaneously record the violation in a report according to the prescribed model, and proceed with punishment within their jurisdiction; if the violation does not fall within the jurisdiction of the person recording the violation, the report must be sent to the competent authority imposing penalties.

2. The procedure for imposing penalties shall be carried out as follows:

a) For administrative violations where the form of penalty is warning or fines up to 100,000 VND, the competent authority imposing penalties shall issue a decision on the spot;

The penalty decision must clearly state the date, month, year of issuance; the name, profession, address of the individual or organization violating; the act of violation; the location where the violation occurred; the name, position of the person issuing the decision; the article and clause of the legal document applied. This decision must be handed over to the individual or organization being penalized with one copy;

In cases of fines, the amount of the fine must be clearly stated in the decision; the individual or representative of the organization violating may pay the fine on the spot to the competent authority imposing penalties and receive a receipt for the fine payment according to regulations;

b) When imposing fines exceeding 100,000 VND, the competent authority imposing penalties must record the act of administrative violation in a report. The report must be made in at least two copies, and it must clearly state the date, month, year, and location of the report; the name, position of the person making the report; the name, address, profession of the individual or representative of the organization violating; the date, month, year, and location where the violation occurred; the act of violation, measures to prevent and ensure enforcement of the penalty; the condition, type of objects and means temporarily seized (if any); confirmation signature of the violator or representative of the organization violating; confirmation signature of the witness, victim or representative of the organization suffering damage must clearly state their name, profession, address.

3. Individuals or organizations fined must pay the fine at the State Treasury as specified in the penalty decision and receive a receipt for the fine payment.

In cases where administrative violations occur in remote, difficult-to-reach areas, on rivers, at sea, or in regions where travel is difficult, individuals or organizations being penalized may pay the fine to the competent authority imposing penalties. The competent authority imposing penalties is responsible for collecting the fine on the spot and depositing it into the State Treasury according to Clause 3, Article 58 of the Administrative Violation Handling Ordinance; individuals or organizations being penalized have the right not to pay the fine if they do not receive a receipt for the fine payment.

4. When confiscating goods or items causing pollution to water resources, the competent authority imposing penalties must record in a report the name, type, quantity, condition of the confiscated goods or items, and must have signatures of the confiscating officer, the violator or representative of the organization violating, and the witness. If it is necessary to seal goods or items causing pollution to water resources, it must be done in the presence of the violator or representative of the organization violating and the witness.

5. Individuals or organizations subject to administrative penalties must comply with the penalty decision within ten days from the date of receiving the decision. If beyond this period, the individual or organization subject to the penalty does not voluntarily comply with the penalty decision, they will be enforced compulsorily according to Article 66 of the Administrative Violation Handling Ordinance.

6. Individuals fined 500,000 VND or more may be granted a deferral of compliance with the penalty decision in case of special financial difficulties. The procedures and time limit for deferring compliance with the fine decision are stipulated in Article 65 of the Administrative Violation Handling Ordinance.

Article 22. Procedure for Revoking the Right to Use Licenses

1. When applying the penalty of revoking the right to use drilling licenses, exploration, exploitation, utilization of water resources permits, and discharge wastewater permits, the competent authority imposing penalties must record in the penalty decision and immediately notify the issuing agency.

The penalty decision must clearly state the name, type, number, and issuance date of the license; the duration of the revocation.

In cases of temporary revocation of the right to use a license, when the period recorded in the penalty decision expires, the competent authority imposing penalties must return the license to the individual or organization using it.

2. When discovering that a license was issued without proper authority or contains illegal content, the competent authority imposing penalties must immediately record it in a report and revoke it, while also informing the relevant government agency.

Article 23. Procedure for Confiscating Objects and Means and Disposing of Confiscated Objects and Means

When applying forms of confiscation of objects and means used in administrative violations, the competent authority imposing penalties must strictly follow the procedures prescribed in Article 60 of the Administrative Violation Handling Ordinance. The disposal of confiscated objects and means used in administrative violations is governed by Article 61 of the Administrative Violation Handling Ordinance and Article 32 of Decree No. 134/2003/NĐ-CP.

PART IV
PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 24. Complaints, accusations, and resolution of complaints and accusations

1. Individuals or organizations subject to administrative penalties in the field of water resources or their lawful representatives have the right to appeal or report against the penalty decision of the competent authority.

2. Every citizen has the right to report to competent state agencies those organizations and individuals who commit administrative violations as stipulated in this Decree and to report persons with authority to impose administrative penalties for abuse of power, violation of the provisions of this Decree.

3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

4. The filing of lawsuits against decisions on administrative penalties, decisions on applying preventive measures and ensuring the enforcement of administrative penalties in the field of water resources shall be carried out in accordance with the provisions of laws on procedures for handling administrative cases.

Article 25. Handling violations by persons with authority to impose administrative penalties in the field of water resources

Persons with authority to impose administrative penalties in the field of water resources who abuse their powers to harass, tolerate, cover up, fail to impose penalties, impose penalties untimely, impose penalties at incorrect levels, or impose penalties beyond their jurisdiction shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if causing damage to the State, organizations, or individuals, they must compensate according to the provisions of the law.

Article 26. Handling violations by persons subject to administrative penalties in the field of water resources

Persons subject to administrative penalties in the field of water resources who commit acts of resisting public officials in the performance of their duties, delaying, evading compliance, or committing other violations shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of 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. Responsibility for guidance and enforcement

The Ministry of Natural Resources and Environment 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./.