Decree No. 61/2008/ND-CP On Administrative Sanctions for Violations in the Field of Meteorology and Hydrology

DECREE

On administrative offenses in the field of meteorology and hydrology

THE GOVERNMENT

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

WHEREAS, THE ORDINANCE ON EXPLOITATION AND PROTECTION OF METEOROLOGICAL AND HYDROLOGICAL FACILITIES dated December 2, 1994;

BASED ON THE ORDINANCE ON HANDLING VIOLATIONS OF ADMINISTRATIVE LAW dated July 2, 2002;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations in the field of meteorology and hydrology, forms of punishment, fines, authority to impose punishment, procedures for punishment, and measures to remedy consequences.

2. Administrative violations in the field of meteorology and hydrology specified in this Decree include:

a) Violations of regulations on permits for meteorological and hydrological activities;

b) Violations of regulations on exploitation and protection of meteorological and hydrological works;

c) Violations of regulations on specialized meteorological and hydrological measuring instruments;

d) Violations of regulations on provision and use of meteorological and hydrological archival data.

Article 2. Applicability

1. Individuals and organizations within Vietnam and foreign individuals and organizations (hereinafter referred to collectively as individuals and organizations) who commit acts of violating laws in the field of meteorology and hydrology on the territory and territorial waters of Vietnam but not reaching the level of criminal prosecution shall be punished for administrative violations according to this Decree or related decrees, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such provisions shall apply.

2. Individuals under the age of majority who commit administrative violations in the field of meteorology and hydrology shall be punished according to the provisions of Article 7 of the Ordinance on Handling Violations of Administrative Law.

3. In cases where civil servants and public officials violate laws on meteorology and hydrology while performing their duties and tasks related to the field of meteorology and hydrology, they shall not be punished for administrative violations according to this Decree but shall be handled according to current laws on civil servants and public officials.

Article 3. Principles of Imposition of Sanctions

The principle of imposing administrative penalties for violations prescribed in Chapter II of this Decree shall be implemented according to the provisions of Article 3 of the Ordinance on Handling Violations of Administrative Law and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Violations of Administrative Law.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applied in the imposition of administrative penalties for violations prescribed in Chapter II of this Decree shall be implemented according to the provisions of Articles 8 and 9 of the Ordinance on Handling Violations of Administrative Law and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Violations of Administrative Law.

Article 5. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties in the field of meteorology and hydrology is one year, counted from the date the administrative violation was committed; if beyond this period, no penalty will be imposed, but measures to remedy consequences as provided for in Clause 3, Article 7 of this Decree shall still be applied.

2. For individuals committing violations in the field of meteorology and hydrology who are indicted, prosecuted, or have a decision to bring the case to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or terminate the case, they shall be punished for administrative violations in the field of meteorology and hydrology; the statute of limitations for administrative penalties is three months, counted from the date the competent authority receives the decision to terminate and the case file.

3. Within the time limit specified in Clauses 1 and 2 of this Article, if individuals or organizations commit new acts of administrative violations in the field of meteorology and hydrology or intentionally evade or obstruct the punishment process, the statute of limitations specified in Clauses 1 and 2 of this Article shall not apply. The statute of limitations for administrative penalties for the aforementioned cases shall be recalculated from the date of the new administrative violation or from the date the intentional evasion or obstruction of punishment ends.

Article 6. Period Considered as Not Having Been Administered Administrative Sanctions

An individual or organization that has been administered administrative sanctions in the field of meteorology and hydrology shall be considered as not having been administered such sanctions if they have not committed any further violations within one year from the date of completion of the execution of the administrative sanction decision or from the date when the effectiveness of the administrative sanction decision has expired.

Article 7. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. For each act of administrative violation in the field of meteorology and hydrology, the violator must bear one of the following main forms of administrative sanctions:

a) Warning;

b) Fine.

The maximum fine for a single act of administrative violation in the field of meteorology and hydrology is 30,000,000 VND.

2. Depending on the nature and degree of the violation, the violator may also be subject to one or more of the following supplementary forms of administrative sanctions:

a) Suspension of the right to use the permit for tropical depression warning activities, typhoon, flood, and specialized meteorological and hydrological works permit (hereinafter referred to collectively as the meteorological and hydrological activity permit) for a certain period or indefinitely;

b) Confiscation of objects and means used to commit administrative violations in the field of meteorology and hydrology.

3. In addition to the forms of administrative sanctions prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the field of meteorology and hydrology may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original state altered by the administrative violation or compel demolition of unauthorized construction works;

b) Compel departure from the area of meteorological and hydrological works;

c) Other remedial measures provided for in Chapter II of this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF METEOROLOGY AND HYDROLOGY, FORMS OF SANCTIONS AND AMOUNTS

Article 8. Violations Regarding the Permit for Meteorological and Hydrological Activities

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

a) Implementing incorrectly one of the contents recorded in the permit;

b) Changing the office location granted the permit without notifying the competent state management agency for meteorology and hydrology.

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

a) Implementing incorrectly the contents recorded in the permit;

b) Conducting meteorological and hydrological activities when the permit has expired.

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

a) Altering or erasing the permit;

b) Arbitrarily changing the location of the works recorded in the permit.

4. Fine from 5,000,000 VND to 7,000,000 VND for conducting meteorological and hydrological activities without a permit as required.

5. Additional forms of punishment:

Suspend the right to use the permit for 90 to 180 days for the acts stipulated in point a, Clause 1, Clause 2, and Clause 3 of this Article.

6. Measures to remedy consequences:

Within 30 days from the date of receipt of the administrative sanction decision, complete the application file to request the issuing authority to review and amend or issue a new permit for the acts stipulated in point b, Clause 1, point b, Clause 2, and Clause 3 of this Article.

Article 9. Violations Regarding the Provision of Tropical Depression, Typhoon, and Flood Forecast Information

1. Fine from 1,000,000 VND to 2,000,000 VND for providing tropical depression, typhoon, and flood forecast information on mass media without indicating the source of the information.

2. Fine from 2,000,000 VND to 5,000,000 VND for providing tropical depression, typhoon, and flood forecast information on mass media but not from an official source.

3. Fine from 5,000,000 VND to 10,000,000 VND for distorting the content of tropical depression, typhoon, and flood forecast information provided by authorized agencies.

Article 10. Violations concerning the exploitation and protection of meteorological and hydrological works

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for acts hindering the exploitation and use of meteorological and hydrological works.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Building constructions or planting trees that affect the technical safety corridor of meteorological and hydrological works;

b) Constructing dams, building water outlets, setting up fishing markers, dredging riverbeds or both banks within the technical safety corridor of hydrological works, thereby hindering observation, measurement, or altering the natural characteristics of meteorological and hydrological factors to be measured.

3. For acts of encroaching on land within the scope of meteorological and hydrological works, the form and level of punishment shall be governed by the provisions of Clause 2 and Clause 4, Article 10 of Decree No. 182/2004/ND-CP dated October 29, 2004 of the Government on administrative penalties in the field of land.

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

a) Colliding with equipment and hydrological and marine works, affecting their operation;

b) Anchoring vessels at hydrological and marine observation stations.

5. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of illegally moving height markers of meteorological and hydrological works.

6. A fine corresponding to forty percent of the value of the damaged equipment and works shall be imposed for acts damaging equipment and works of meteorological and hydrological works, but not exceeding VND 30,000,000.

7. Measures to remedy consequences:

a) Restoring the original condition for acts stipulated in Clause 2, Clause 3, Clause 5, and Clause 6 of this Article;

b) Compelling violators to leave the area around the works as specified in point b, Clause 4 of this Article.

Article 11. Violations concerning specialized meteorological and hydrological measuring instruments

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Using measuring instruments on the network of specialized meteorological and hydrological stations without being inspected by the competent authority;

b) Using measuring instruments on the network of specialized meteorological and hydrological stations beyond the validity period stated in the inspection certificate.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for using measuring instruments on the network of specialized meteorological and hydrological stations that do not meet the technical standards approved by the competent authority.

3. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for forging the seal, sticker, or certificate of inspection issued by the competent authority.

4. Additional forms of punishment:

Confiscation of evidence for acts stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Within one month from the date of the penalty decision, replacement with measuring instruments meeting the prescribed standards must be made for acts stipulated in Clause 1 and Clause 2 of this Article.

Article 12. Violations concerning the provision and use of meteorological and hydrological archival materials

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for intentionally damaging meteorological and hydrological archival materials.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for providing meteorological and hydrological archival materials beyond the authorized scope.

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

a) Using data extracted from basic meteorological and hydrological works without registration and quality assessment by the Ministry of Natural Resources and Environment to establish, review, and implement comprehensive planning projects and design works of various sectors, localities, and economic organizations through any source of funding;

b) Using meteorological and hydrological data managed by storage facilities under the Ministry of Natural Resources and Environment without authorization from the competent authority.

4. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for losing meteorological and hydrological archival materials.

5. Additional forms of punishment: confiscation of evidence for acts stipulated in Clause 2 and Clause 3 of this Article.

6. Measures to remedy consequences: restoring meteorological and hydrological archival materials for acts stipulated in Clause 1 and Clause 4 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES

Article 13. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of People's Committee of communes, wards, towns has the right:

a) To issue warnings;

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

c) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology with a value up to VND 500,000;

d) To compel the implementation of measures to remedy consequences caused by the violation.

2. The Chairperson of People's Committee of districts, towns, provincial cities has the right:

a) To issue warnings;

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

c) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology;

d) To compel the implementation of measures to remedy consequences caused by the violation.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use the Permit for Meteorological and Hydrological Activities issued by the People's Committee of provinces, centrally governed cities;

d) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology;

đ) To compel the implementation of measures to remedy consequences caused by the violation.

Article 14. Competence to impose administrative penalties of specialized inspectors on natural resources and environment

1. Specialized inspectors on natural resources and environment performing their duties have the right:

a) To issue warnings;

b) To impose fines up to VND 200,000;

c) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology with a value up to VND 2,000,000;

d) To compel the implementation of measures to remedy consequences caused by the violation.

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

a) To issue warnings;

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

c) To revoke the right to use the Permit for Meteorological and Hydrological Activities within their competence;

d) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology;

đ) To compel the implementation of measures to remedy consequences caused by the violation.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use the Permit for Meteorological and Hydrological Activities within their competence;

d) To confiscate objects and means used for committing administrative violations in the field of meteorology and hydrology;

đ) To compel the implementation of measures to remedy consequences caused by the violation.

Article 15. Competence to impose administrative penalties on meteorology and hydrology of state management agencies and specialized state inspection organizations

In addition to those who have the right to impose penalties as prescribed in Article 13 and Article 14 of this Decree, those who have the right to impose penalties according to the Administrative Violation Handling Ordinance if they discover administrative violations prescribed in this Decree within their field and area of management shall have the right to impose penalties but must comply with the provisions of the law on handling administrative violations.

Article 16. Procedures for imposing administrative penalties

The procedures for imposing administrative penalties in the field of meteorology and hydrology shall be applied in accordance with the provisions of Chapter VI of the Administrative Violation Handling Ordinance and Chapter IV of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing some articles of the Administrative Violation Handling Ordinance.

Article 17. Revocation of permit usage rights

1. When deciding to revoke the right to use the Permit for Meteorological and Hydrological Activities, the competent authority must prepare a record, clearly stating the reasons for revoking the permit usage rights according to the contents prescribed in Article 59 of the Administrative Violation Handling Ordinance, while also compelling suspension of activities.

The revocation of permit usage rights can only be implemented when there is a written decision of the competent authority specified in Clause 3 of Article 13, Clause 2 and Clause 3 of Article 14 of this Decree. The decision must be sent to the individual or organization being penalized, and simultaneously notified to the agency that issued the permit.

The competent authorities specified in Clause 1, Clause 2 and Clause 3 of Article 13 of this Decree have the right to request the agency issuing the Permit for Meteorological and Hydrological Activities to recover the permit.

2. Revocation of permit usage rights with a time limit applies to first-time violations that can be remedied. When the penalty period specified in the decision expires, the authority imposing the penalty must return the permit to the organization or individual using it.

3. Revocation of permit usage rights without a time limit applies to the following cases:

a) Licenses issued beyond authority;

b) The permit contains content contrary to regulations on meteorological and hydrological activities;

c) Serious violations of regulations on meteorological and hydrological activities.

Chapter IV

COMPLAINTS, REPORTS, AND VIOLATION HANDLING

Article 18. Complaints, Reports, and Lawsuits

1. Individuals and organizations subject to administrative penalties in the field of meteorology and hydrology, or their legitimate representatives, have the right to appeal against the penalty decision of the competent authority.

Citizens have the right to report to state agencies with jurisdiction any acts violating laws on administrative penalties in the field of meteorology and hydrology.

2. The procedures for complaints and reports, and the resolution of complaints and reports, shall be carried out in accordance with Article 118 of the Ordinance on Handling Administrative Violations.

3. Legal proceedings against decisions on administrative violations, decisions applying preventive measures and ensuring the enforcement of administrative violation penalties in the field of meteorology and hydrology shall be conducted in accordance with the provisions of the law on administrative litigation procedures.

Article 19. Handling of Competent Authorities Issuing Administrative Penalties in the Field of Meteorology and Hydrology

Competent authorities issuing administrative penalties in the field of meteorology and hydrology who harass, tolerate, shield violators, fail to impose penalties, impose penalties incorrectly, untimely, or exceed their authority in imposing penalties shall be subject to disciplinary action or criminal liability pursued, if causing damage to the State, individuals, or organizations, they must compensate according to the provisions of the law.

Article 20. Handling of Violations by Persons Subject to Administrative Penalties

Persons subject to administrative penalties in the field of meteorology and hydrology who commit acts of resisting law enforcement officers, delaying, evading compliance, or committing other violations shall be subject to administrative penalties or criminal liability pursued, 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 21. Effective Date

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

Article 22. Responsibilities for Guidance and Implementation

The Minister of Natural Resources and Environment, within the scope of their functions, duties, and powers, has the responsibility to guide and organize the implementation of this Decree.

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