Decree No. 64/2005/NĐ-CP on administrative penalties for violations in the management of industrial explosives

DECREE OF THE GOVERNMENT

Rules on administrative penalties for violations in the field of industrial explosives management

_________________________________

 

THE GOVERNMENT

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

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

At the proposal of the Minister of Industry,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates acts of administrative violations, authority, and procedures for imposing administrative penalties in the field of industrial explosives management.

Administrative violations in the field of industrial explosives management are intentional or negligent acts that violate legal provisions in the state management of industrial explosives, which are not criminal offenses, and must be subject to administrative penalties according to this Decree, including:

1. Violations of regulations on business licenses, permits for using industrial explosives.

2. Violations of regulations on research, testing, production of industrial explosives.

3. Violations of regulations on storing industrial explosives.

4. Violations of regulations on transporting industrial explosives.

5. Violations of regulations on trading and supplying, exporting, importing industrial explosives.

6. Violations of regulations on using industrial explosives.

7. Violations of regulations on conditions of persons involved in industrial explosives activities.

8. Violations of regulations on safety zones around areas with industrial explosives activities.

9. Violations of regulations on protecting areas with industrial explosives activities.

10. Acts of administrative violations in the field of industrial explosives management related to other fields shall 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 industrial explosives management as prescribed in Chapter II of this Decree.

2. Foreign organizations and individuals committing administrative violations in the field of industrial explosives management 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 industrial explosives management shall be penalized according to Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Definitions

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

1. "Industrial explosives" include explosives and explosive accessories (detonators, wires, special-purpose cartridges) used in production, training, scientific research, and other civilian purposes.

2. "Producing industrial explosives" is the process of manufacturing explosives and explosive accessories.

3. "Using industrial explosives" is the process of putting industrial explosives into practical use to achieve specific goals in economic activities (mining, construction, basic surveys, training, scientific research...), following a determined technological process.

4. "Trading and supplying industrial explosives" is the process of implementing purchase and sale contracts, transportation of industrial explosives.

5. "Storing industrial explosives" is the process of keeping industrial explosives in warehouses or during transportation.

6. "Research and testing of industrial explosives" is the process of producing new products of industrial explosives. Research and testing may include the entire process of creating a product or only one of the steps in the process to determine components, technological processes, equipment chains...

7. "Blasting services" is the use of industrial explosives to perform blasting contracts between blasting service providers and parties requiring blasting to achieve a specific purpose.

8. "Testing industrial explosives" is the process of using industrial explosives at legitimate test sites to determine technical characteristics, quality, and usage conditions of industrial explosives.

9. "Activities involving industrial explosives" are the implementation of one, several, or all of the research and testing, testing, production, storage, transportation, supply, blasting services, and use of industrial explosives.

Article 4. Principles for imposing administrative penalties in the field of industrial explosives management

1. All administrative violations in the field of industrial explosives management must be detected promptly and stopped immediately. Penalties must be imposed quickly, fairly, and thoroughly; all consequences caused by administrative violations in the field of industrial explosives management must be remedied according to the law.

2. Administrative penalties in the field of industrial explosives management must be carried out by persons with authority as 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 industrial explosives management when they commit violations of the provisions in Chapter II of this Decree.

3. An act of administrative violation in the field of industrial explosives management shall only be penalized once. A person who commits multiple acts of administrative violations in the field of industrial explosives management shall be penalized for each individual violation; if the forms of punishment are fines, they must be combined into a total fine. Multiple people jointly committing an act of administrative violation in the field of industrial explosives management shall each be penalized.

4. Administrative penalties in the field of industrial explosives management 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 Articles 8 and 9 of the Administrative Violation Handling Ordinance and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the 2002 Administrative Violation Handling Ordinance.

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

Article 5. Statute of limitations for administrative penalties in the field of industrial explosives management

1. The statute of limitations for administrative penalties in the field of industrial explosives management is one year from the date of the administrative violation in the field of industrial explosives management being committed; if this period has passed, no penalty shall be imposed but measures provided for in Clause 3, Article 7 of this Decree shall still be applied to remedy the consequences caused by the administrative violation in the field of industrial explosives management.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial according to criminal procedure but subsequently received a decision to terminate the investigation or terminate the case by the competent authority, where the act of violation also constitutes an administrative violation in the field of industrial explosives management, they shall be subject to administrative penalties. In this case, the statute of limitations for administrative penalties is three months from the date the competent authority responsible for imposing the penalty receives the decision to terminate the investigation or the case file of the violation.

3. Within the time limit prescribed in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative violation in the field of industrial explosives management or intentionally evades or obstructs the imposition of penalties, the statute of limitations prescribed in Clause 1 and Clause 2 of this Article shall not apply. The statute of limitations for administrative penalties in the field of industrial explosives management shall be recalculated from the date of committing the new administrative violation or the date when the act of evasion or obstruction of the penalty imposition ceases.

4. If the statute of limitations is defined in months or years, that period shall be calculated according to the Gregorian calendar month or year, including holidays as stipulated in the Labor Code.

Article 6. Time limit considered as not having been administratively penalized

1. An organization or individual who has been administratively penalized in the field of industrial explosives management shall be considered as not having been administratively penalized regarding that act if, within one year from the date of completing the execution of the penalty decision or from the date the statute of limitations for enforcing the penalty decision expires, they do not commit the same act of violation again.

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

Article 7. Forms of administrative penalties in the field of industrial explosives management

1. Principal forms of penalty, including:

a) Warning: applicable to individuals or organizations committing minor administrative violations for the first time, with mitigating circumstances, or for all administrative violations committed by minors aged 14 or older but under 16. A warning must 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 specific violation in this Decree shall be determined. The specific fine for an administrative violation in the field of industrial explosives 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 penalty, including:

a) Suspension of the right to use the business license or permit for industrial explosives for a limited or unlimited period;

b) Confiscation of objects and means used in the commission of administrative violations in the field of industrial explosives management.

3. In addition to the principal and supplementary forms of penalty prescribed in Clauses 1 and 2 of this Article, individuals or organizations committing administrative violations in the field of industrial explosives management may also be subject to one or more of the following remedial measures:

a) Compel to restore environmental pollution caused by the violation;

b) Compel to restore the original condition that was altered due to the violation or compel to dismantle unauthorized construction works;

c) Compelling removal from Vietnam or re-exportation in accordance with Article 20 of the Administrative Violations Handling Ordinance;

d) Compelling the rectification of unsafe conditions caused by administrative violations;

đ) Compelling the relocation of national stockpiles of industrial explosives caused by administrative violations to warehouses or designated locations as prescribed.

PART II
ADMINISTRATIVE VIOLATIONS IN THE FIELD OF INDUSTRIAL EXPLOSIVES MANAGEMENT,
FORMS AND AMOUNTS OF PENALTIES

Article 8. Violations concerning business licenses and permits for the use of industrial explosives

1. Fine from VND 500,000 to VND 1,000,000 for organizations or individuals committing any of the following acts:

a) Not reporting the loss of a permit within three working days or not keeping the original permit or a valid copy thereof at the headquarters;

b) Not registering or announcing as required when conducting or terminating activities related to industrial explosives;

c) Not reporting as required or misreporting the situation related to activities involving industrial explosives.

2. Fine from VND 1,000,000 to VND 3,000,000 for organizations or individuals using expired business licenses or permits for the use of industrial explosives that need to be renewed according to regulations but not exceeding 30 days after the expiration date to conduct business or use industrial explosives.

3. Fine from VND 3,000,000 to VND 5,000,000 for organizations or individuals lending, renting, borrowing, or leasing business licenses or permits for the use of industrial explosives; authorizing and accepting authorization to carry out activities related to industrial explosives specified in the business license or permit when the authorized or accepting party has not been granted permission.

4. Fine from VND 5,000,000 to VND 10,000,000 for organizations or individuals altering or modifying the contents specified in business licenses or permits for the use of industrial explosives.

5. Fine from VND 20,000,000 to VND 30,000,000 for organizations using permits for the use of industrial explosives to engage in business or supply industrial explosives.

6. Supplementary form of penalty: suspension of the right to use the permit for up to six months for the act prescribed in Clause 3; one year for the act prescribed in Clause 4 of this Article. Permanent revocation of the permit for the use of industrial explosives for the act prescribed in Clause 5 of this Article.

Article 9. Violation of regulations on research, testing, and production of industrial explosives

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

a) Using industrial explosive production equipment that has not been inspected and approved for use in accordance with regulations;

b) Repairing and altering industrial explosive production equipment without design approval from the manufacturer and without permission from the competent authority;

c) Changing the production process, layout of production technology equipment, or production technology parameters without permission from the competent authority;

d) Producing industrial explosives exceeding 5% of the rated capacity of the equipment or production line approved;

đ) Allowing raw materials or products of industrial explosives to accumulate beyond the prescribed limit in the production area;

e) Packaging industrial explosives incorrectly according to the registered specifications;

g) The system of ledgers and forms used for product quality inspection of industrial explosives is missing or does not comply with regulations;

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

a) Conducting research and trial production of industrial explosives not in accordance with the approved research project's content and conditions;

b) Putting an industrial explosives production facility into operation without inspection and confirmation of compliance with production conditions by the competent state authority;

c) Organizing production of industrial explosives without addressing and supplementing requirements set by the competent state authority regarding production conditions;

d) Changing the design of technology, equipment, layout, or factory during construction without approval from the competent state management authority;

đ) Not having or allowing the deterioration of internal rules, production procedures, or equipment operation procedures at production positions as required;

e) The lightning protection and grounding systems do not meet the specified requirements;

g) Not having protective shielding measures between hazardous sections or stages of the industrial explosives production line;

h) Failing to promptly repair or address defects in production equipment, auxiliary equipment, or electrical systems while continuing production;

i) Removing or damaging safety devices attached to industrial explosives production equipment;

k) Permitting workers to violate fire prevention and explosion prevention regulations in the production area;

3. 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) Producing industrial explosives not included in the list of industrial explosives defined by the competent state authority;

b) Using substandard or untraceable raw materials for producing industrial explosives;

c) Failing to conduct quality checks on raw materials before production;

d) Altering raw material composition or type, or producing industrial explosives not in accordance with the registered and permitted product type;

đ) Conducting acceptance tests or trials of industrial explosives not in accordance with regulations or intentionally distorting test results;

e) Failing to implement or maintain regular quality inspections of industrial explosives products;

4. 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:

a) Organizing research and trial production of industrial explosives without permission or assignment from the competent state authority;

b) Repairing or altering the structure of factory buildings violating internal protective shielding requirements, escape route requirements, structural load-bearing capacity, fire resistance requirements, or labor hygiene standards;

c) Changing the layout of production facilities, storage warehouses, and test sites violating safe distance conditions within the production area;

d) Expanding the production area violating safe distance conditions from nearby structures or residential areas;

đ) Not having external protective shielding structures or such structures not meeting requirements when safe distances are not ensured as prescribed;

e) Failing to promptly repair or address defects in production factories or storage warehouses affecting safe production and storage conditions for industrial explosives;

5. Additional penalties: confiscation of contraband items for violations stipulated in points a, b, d, đ of Clause 3 of this Article;

6. Other measures may be applied:

a) Compelling restoration to the original condition prior to administrative violation for acts stipulated in points b, c, d, đ of Clause 1; point i of Clause 2; and points b, c, d of Clause 4 of this Article;

b) Compelling correction of unsafe conditions resulting from administrative violations for acts stipulated in points e, g of Clause 2; and point đ of Clause 4 of this Article;

Article 10. Violation of regulations on storage of industrial explosives

1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed on organizations and individuals failing to allocate separate rooms or fail to equip distribution means for industrial explosives in consumption warehouses;

2. 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) Failing to properly record and report statistics on the entry and exit of industrial explosives from warehouses;

b) Failing to regularly check ledgers and statistical reports on the import and export of industrial explosives;

c) Failing to establish warning signs or symbols in areas storing industrial explosives as required;

d) Allowing other organizations or individuals to store industrial explosives or rent warehouses for industrial explosives without a valid contract or document;

3. 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) Storing industrial explosives exceeding the storage capacity of the warehouse as prescribed;

b) Storing industrial explosives belonging to different groups in the same storage space without having all the safety conditions as prescribed;

c) Not complying with the procedures for arranging and transferring industrial explosives in the warehouse as prescribed;

d) Not performing the sealing and locking of the warehouse doors as prescribed.

4. A fine of from three million dong to five million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Assembling, loading/unloading, or storing industrial explosives at locations not permitted by competent state agencies;

b) Storing industrial explosives in warehouses that have not been reviewed and approved by competent state agencies for design or acceptance upon completion;

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

d) Not constructing or failing to repair in a timely manner fences around warehouses storing industrial explosives;

đ) Not maintaining or repairing in a timely manner guard posts and security facilities in warehouses;

e) Not repairing in a timely manner damages to power supply systems and lighting systems;

g) Not repairing in a timely manner damages to warehouse structures and protective shelters;

h) Not inspecting or testing periodically grounding lightning protection systems;

i) Not handling expired or deteriorated industrial explosives;

k) Storing national reserve industrial explosives in the wrong type of warehouse or location as prescribed;

l) Allowing national reserve industrial explosives to become damaged beyond the allowable limit without justifiable reasons;

m) Violating confidentiality regulations concerning national reserves.

5. A fine of from five million dong to ten million dong shall be imposed on organizations and individuals expanding or renovating explosive storage areas in violation of safety distance requirements and fire, explosion prevention, flood protection, and escape route safety requirements.

6. A fine of from ten million dong to twenty million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Expanding the area of explosive storage facilities in violation of safety distance regulations for nearby construction projects and residential areas;

b) Not constructing protective shelters or protective shelters not meeting specifications when safety distances are not ensured as prescribed.

7. A fine of from thirty million dong to fifty million dong shall be imposed on organizations and individuals losing industrial explosives in storage facilities.

8. Additional penalties: confiscation of contraband items and means of transportation for violations stipulated in point d, Clause 2, Article 4 of this Law.

9. Other measures shall be applied:

a) Compelling restoration to the original condition prior to administrative violations as stipulated in Clauses 5 and 6 of this Article;

b) Compelling relocation of national reserve industrial explosives to warehouses or locations as prescribed for violations stipulated in point k, Clause 4 of this Article.

Article 11. Violations concerning the transport of industrial explosives

1. Warning or a fine of from three hundred thousand dong to five hundred thousand dong shall be imposed on organizations and individuals committing any of the following acts:

a) Changing the safety conditions of transport vehicles carrying industrial explosives but not promptly reporting such changes as prescribed;

b) Not displaying signs indicating the boundaries of loading/unloading areas as prescribed.

2. A fine of from five hundred thousand dong to one million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Not displaying prescribed signs or markings for transporting industrial explosives;

b) Damaging or wrinkling the permit for transporting industrial explosives;

c) Not removing signs or markings for transporting industrial explosives from transport vehicles once the explosives have been unloaded;

d) Returning the permit for transporting industrial explosives without fully reflecting the required declaration and confirmation as prescribed.

3. A fine of from one million dong to three million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Not having or lacking escort personnel as prescribed;

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

c) Operating transport vehicles above the speed limit specified in the permit for transporting industrial explosives.

4. A fine of from three million dong to five million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Transporting industrial explosives together with other goods not allowed under regulations;

b) Carrying unauthorized persons on transport vehicles carrying industrial explosives;

c) Not organizing guards during the loading/unloading of industrial explosives.

5. A fine of from five million dong to ten million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Transporting quantities of industrial explosives exceeding the limits specified in the permit;

b) Transporting types of industrial explosives not specified in the transport permit;

c) Transporting industrial explosives belonging to different groups not allowed to be transported together as prescribed on the same vehicle;

d) Transporting industrial explosives on vehicles not meeting the required conditions as prescribed.

6. A fine of from ten million dong to twenty million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Transporting industrial explosives along routes not specified in the transport permit;

b) Parking transport vehicles carrying industrial explosives in unauthorized locations;

c) Transferring industrial explosives from one vehicle to another while in transit without authorization from competent management agencies;

d) Loading/unloading industrial explosives at locations not meeting the required conditions as prescribed.

7. A fine of from twenty million dong to thirty million dong shall be imposed on organizations and individuals losing industrial explosives.

8. A fine of from thirty million dong to fifty million dong shall be imposed on organizations and individuals transporting industrial explosives without a valid transport permit as prescribed.

9. Additional forms of punishment:

a) Confiscate the portion of contraband goods exceeding the permitted quantity for transportation in violation of the provisions set forth in Point a Clause 5; confiscate contraband goods in violation of the provisions set forth in Point b Clause 5, Clause 8 of this Article;

b) Suspend the right to use the vehicle operation permit for up to one year for violations of the provisions set forth in Point a Clause 5, Clause 7, Clause 8 of this Article.

10. Apply other measures: compel the correction of unsafe conditions caused by administrative violations in violation of the provisions set forth in Point a Clause 4; Points c, d Clause 5.

Article 12. Violation of regulations on trading and supplying industrial explosives

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 on organizations committing one of the following acts:

a) Selling industrial explosives to an organization with a permit to use industrial explosives without signing a contract or adjusting the contract in accordance with the regulations;

b) Refusing to repurchase unused industrial explosives from the buyer without a legitimate reason as prescribed;

c) Having a permit to use industrial explosives but not signing a contract when purchasing industrial explosives;

d) Not reselling unused industrial explosives to a legally operating industrial explosives trading organization;

đ) Signing a contract or selling industrial explosives to an organization using industrial explosives that has a permit to use industrial explosives which has expired or must be renewed according to regulations, but not more than thirty days after the permit's expiration date.

2. Impose a fine of from VND 3,000,000 to VND 5,000,000 on organizations and individuals committing one of the following acts:

a) Selling industrial explosives not included in the list of permitted uses published annually by competent state agencies;

b) Exporting or importing national reserve industrial explosives not in accordance with the types, quantities, specifications, and quality stipulated in the national reserve plan.

3. Impose a fine of from VND 5,000,000 to VND 10,000,000 on organizations committing one of the following acts:

a) Using subordinate units not listed in the business permit to trade or supply industrial explosives;

b) Signing a contract or selling industrial explosives to an organization using industrial explosives whose permit to use industrial explosives has been revoked by a competent state management agency or whose activities have been suspended or temporarily suspended;

c) Purchasing industrial explosives from organizations or individuals not authorized to trade in industrial explosives;

d) Lending or borrowing industrial explosives.

4. Impose a fine of from VND 10,000,000 to VND 20,000,000 on organizations and individuals committing one of the following acts:

a) Exporting or importing industrial explosives production and testing equipment not in accordance with technical criteria specified in the permit;

b) Exporting or importing industrial explosives not in accordance with the types, quality, and quantity stipulated in the export or import contract approved by competent state agencies.

5. Impose a fine of from VND 20,000,000 to VND 30,000,000 on organizations and individuals providing incorrect advice or information in consulting activities for industrial explosives production projects or blasting design plans, but not causing serious consequences.

6. Impose a fine of from VND 30,000,000 to VND 50,000,000 on organizations and individuals committing one of the following acts:

a) Exporting or importing industrial explosives without permission from competent state agencies;

b) Signing a contract or selling industrial explosives to an organization using industrial explosives without a permit to use industrial explosives.

7. Additional penalties: confiscate contraband goods and means of transport in violation of the provisions set forth in Point a Clause 1; Point a Clause 2; Points b, c, d Clause 3; Point b Clause 6 of this Article.

8. Apply other measures: compel the removal of contraband goods from Vietnam or re-export them according to the provisions of Article 20 of the Administrative Violations Handling Ordinance for violations related to importation as stipulated in Clause 4; Point a Clause 6 of this Article.

Article 13. Violation of regulations on the use of industrial explosives

1. Issue a warning or impose a fine of from VND 300,000 to VND 500,000 on organizations and individuals committing the act of not preparing a blasting design or having an incomplete blasting design as required by regulations.

2. 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) Not having a blasting design or a blasting design that has not been approved for blasting work requiring approval of a blasting design as prescribed;

b) Using industrial explosives not included in the list of permitted industrial explosives;

c) Using expired industrial explosives without implementing supplementary quality inspection regulations for expired industrial explosives;

d) Not organizing inspections and recording results of drilling and loading explosives before detonation;

đ) Not organizing inspections and recording results at the end of the blasting operation;

3. 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 inspecting the quality of industrial explosives as required before use;

b) Using substandard industrial explosives;

c) Not complying with storage regulations for industrial explosives at the blasting site;

d) Not defining the hazardous area boundary before conducting the blasting operation;

đ) Not setting up a guard post or placing danger signs at the boundary of the hazardous area.

4. A fine of from three million dong to five million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Expanding the use of industrial explosives beyond the safety distance from traffic works, water conservancy works, oil and gas pipeline transport works, historical and cultural relics, or other important national works;

b) Not complying with the prescribed signal procedures and quiet signals during blasting operations;

c) Not complying with safety requirements stipulated in the blasting design;

d) Not complying with the prescribed procedures and methods for disposing of unexploded or partially exploded explosives as stipulated.

5. Impose a fine of from VND 5,000,000 to VND 10,000,000 on organizations committing one of the following acts:

a) Using industrial explosives in violation of the protective zones of traffic works, water conservancy works, oil and gas pipeline transport works, historical and cultural sites, or other important national works.

b) Altering the type, quantity of industrial explosives, or the blasting control method specified in the approved blasting design;

c) Changing the agreed blasting time as prescribed.

6. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who take advantage of blasting operations to reduce quantities or steal industrial explosives.

7. Additional forms of administrative sanction:

a) Seizing the contraband items and means of violation for violations stipulated in points b and c, Clause 2; point b, Clause 3, Article this;

b) Revoking the right to use the permit for using industrial explosives for up to six months for the violation stipulated in point a, Clause 4; revoking the right to use the permit for using industrial explosives indefinitely for the violation stipulated in Clause 6, Article this.

8. Applying other measures: ordering restoration to the original state altered due to administrative violations for the violations stipulated in point a, Clause 4, Article this.

Article 14. Violation of conditions for persons engaged in work related to industrial explosives

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

a) Using leaders in business operations and the use of industrial explosives who do not meet the current standards;

b) Using workers without appropriate expertise as prescribed;

c) Using workers who have not been trained or instructed on safety procedures in production, use, storage, transportation, and fire prevention techniques for industrial explosives as prescribed;

d) Not organizing regular training or retraining as prescribed for those directly involved in receiving, producing, using, storing, transporting, and testing industrial explosives.

Article 15. Violation of safety zones around areas with industrial explosive activities

1. A warning or a fine of from VND 50,000 to VND 150,000 shall be imposed on organizations and individuals committing one of the following acts:

a) Entering or gathering within the dangerous area or safety zone without authorization;

b) Grazing animals or planting crops within the safety zone.

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

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

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

a) Not maintaining firebreaks or not clearing flammable vegetation within the safety zone;

b) Destroying or damaging protective fences or safety shelters in the storage area for industrial explosives.

5. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals appropriating land within the safety zone for construction projects.

6. Additional penalties: seizing contraband items and means of violation for violations stipulated in point b, Clause 1; point b, Clause 4, Article this.

7. Applying other measures: ordering demolition of construction projects for the violation stipulated in Clause 5, Article this.

Article 16. Violation of security work in areas with industrial explosive activities

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

a) Allowing unauthorized personnel to enter the area of industrial explosive activities;

b) Not implementing handover procedures when changing shifts;

c) Leaving posts or not performing guard duties during shifts;

d) Not reporting unusual situations promptly during shifts.

2. 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) Not establishing rules and guarding procedures for the area of industrial explosive activities;

b) Not conducting inspections of guarding and protection work in the area of industrial explosive activities as prescribed.

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

a) Not staffing sufficient guards as prescribed;

b) Establishing or equipping insufficient or non-compliant security facilities and equipment for the area of industrial explosive activities as prescribed.

CHAPTER III
AUTHORITY AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES FOR VIOLATIONS

IN THE FIELD OF MANAGEMENT OF INDUSTRIAL EXPLOSIVES

Article 17. The authority to impose administrative penalties of the Chairpersons of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties for violations in the field of management of industrial explosives occurring within their jurisdiction, specifically as follows:

1. The Chairperson of the People's Committee at the commune level has the authority to impose penalties for violations stipulated in Clause 1, Article 13; Clauses 1 and 2, Article 15; Clause 1, Article 16, including:

a) To issue warnings;

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

c) Seizing contraband items and means of violation in the field of management of industrial explosives valued up to VND 500,000;

d) Ordering restoration to the original state altered due to administrative violations in the field of management of industrial explosives.

2. The Chairperson of the People's Committee at the district, town, city under province level has the authority to:

a) To issue warnings;

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

c) Seize contraband items and means of violation in the field of management of industrial explosives;

d) Order restoration to the original state altered due to administrative violations in the field of management of industrial explosives;

đ) Order demolition of illegal or improperly constructed buildings violating laws in the field of management of industrial explosives.

3. The Chairperson of the People's Committee at the provincial level, centrally governed city has the authority to:

a) To issue warnings;

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

c) Revoking the right to use the permit for operating industrial explosives issued by the People's Committee at the provincial level, centrally governed city;

d) Seizing contraband items and means of violation in the field of management of industrial explosives;

đ) Order restoration to the original state altered due to administrative violations in the field of management of industrial explosives;

e) Order demolition of illegal or improperly constructed buildings violating laws in the field of management of industrial explosives;

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

h) Compel the movement of national stockpile industrial explosives caused by administrative violations to storage facilities or locations as prescribed;

i) Compel the removal from the territory of Vietnam or compel re-exportation pursuant to Article 20 of the Administrative Violations Handling Ordinance;

Article 18. The authority to impose administrative penalties for the industrial sector

Inspectors specialized in the Ministry of Industry have the authority to impose administrative penalties for violations throughout the country. Inspectors specialized in the provincial or centrally-administered city industry departments have the authority to impose administrative penalties for administrative violations within their jurisdictional areas.

The authority to impose administrative penalties for violations in the management of industrial explosives of specialized inspectors is specified as follows:

1. Specialized inspectors under the Ministry of Industry and provincial industry departments have the right:

a) To issue warnings;

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

c) Confiscate contraband items and means of violation with a value up to 2,000,000 dong;

d) Order restoration to the original state altered due to administrative violations in the field of management of industrial explosives;

đ) Compel the rectification of unsafe conditions caused by administrative violations;

2. Heads of provincial industry inspection departments have the right:

a) To issue warnings;

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

c) Revoke the right to use licenses for industrial explosives within their authority;

d) Confiscate contraband items and means of violation;

đ) Compel restoration to the original state prior to changes caused by violations;

e) Order demolition of illegal or improperly constructed buildings violating laws in the field of management of industrial explosives;

g) Compel the rectification of unsafe conditions caused by violations;

3. Heads of Ministry of Industry inspection departments have the right:

a) To issue warnings;

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

c) Revoke the right to use licenses for industrial explosive activities issued by the Ministry of Industry and provincial or centrally-administered city People's Committees;

d) Confiscate contraband items and means of violation;

đ) Compel restoration to the original state prior to changes caused by violations;

e) Order demolition of illegal or improperly constructed buildings violating laws in the field of management of industrial explosives;

g) Compel the rectification of unsafe conditions caused by violations;

h) Compel the movement of national stockpile industrial explosives caused by administrative violations to storage facilities or locations as prescribed;

i) Compel the removal from the territory of Vietnam or compel re-exportation pursuant to Article 20 of the Administrative Violations Handling Ordinance;

Article 19. Authority to impose administrative penalties for other forces

In addition to those specified in Articles 17 and 18 of this Decree, individuals with authority from police, customs, and military forces who discover administrative violations in the management of industrial explosives as stipulated in this Decree within their jurisdiction and area of management shall have the right to impose penalties according to Articles 31, 32, 33, and 34 of the Administrative Violations Handling Ordinance.

Article 20. Delegation of authority and principles for determining the authority to impose administrative penalties in the management of industrial explosives

1. Delegation of authority to impose administrative penalties in the management of industrial explosives is applied according to Article 41 of the Administrative Violations Handling Ordinance.

2. Principles for determining the authority to impose administrative penalties in the management of industrial explosives are applied according to Article 42 of the Administrative Violations Handling Ordinance.

Article 21. Procedures for imposing administrative penalties in the management of industrial explosives

1. Procedures and steps for imposing administrative penalties in the management of industrial explosives are implemented according to the provisions of the Administrative Violations Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the 2002 Administrative Violations Handling Ordinance.

2. Documents related to the imposition of administrative penalties in the management of industrial explosives must be fully retained at the penalizing agency. The administrative violation record is established according to the model prescribed in Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the 2002 Administrative Violations Handling Ordinance.

3. In cases where handling violations requires an evaluation opinion from a specialized agency on industrial explosives, the authorized penalty-imposing individual must send the case file, evidence of violation, and request for evaluation to the state management agency on industrial explosives or the provincial industry department. Within 15 days from receiving the request and case file, the requested agency must provide an evaluation opinion and conclusion in writing to the authorized penalty-imposing individual.

4. Individuals and organizations fined must pay the fine within the time limit and at the place indicated in the penalty decision, except in cases where the fine has been paid on the spot according to Article 54 and Article 58 of the Administrative Violations Handling Ordinance and a receipt for the fine payment is received. The collection and use of fines for administrative violations in the management of industrial explosives are guided by the Ministry of Finance according to current laws.

5. The procedure for revoking the right to use licenses for industrial explosive activities must be carried out according to the provisions of Article 59 of the Administrative Violations Handling Ordinance..

6. When applying the confiscation form for contraband items and means of violation, the authorized penalty-imposing individual must comply with the provisions of Article 60, Article 61 of the Administrative Violations Handling Ordinance, and Article 32 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the 2002 Administrative Violations Handling Ordinance.

Article 22. Enforcement decisions on administrative penalties and enforcement of administrative penalty decisions in the management of industrial explosives

1. Individuals and organizations subject to administrative penalties in the management of industrial explosives under this Decree must strictly comply with the penalty decision within 10 days from the date of issuance of the decision, except where otherwise provided by law. If individuals or organizations subject to penalties do not voluntarily comply with the penalty decision, they will be enforced to comply with the penalty decision according to Article 66 of the Administrative Violations Handling Ordinance and the provisions of law regarding enforcement of administrative penalty decisions.

2. When applying measures to enforce administrative penalty decisions in the management of industrial explosives, agencies and individuals with authority must follow the enforcement procedures and steps as prescribed in Article 66 and Article 67 of the Administrative Violations Handling Ordinance and the provisions of law regarding enforcement of administrative penalty decisions.

PART IV
SETTLEMENT OF COMPLAINTS AND REPORTS AND HANDLING OF VIOLATIONS

Article 23. Complaints, reports, and settlement of complaints and reports against decisions on administrative penalties in the management of industrial explosives

1. Individuals and organizations that are subject to administrative penalties in the field of industrial explosives management or their legitimate representatives have the right to appeal or initiate administrative litigation against such penalties according to the provisions of the law.

2. Every citizen has the right to report to competent state agencies about administrative violations in the field of industrial explosives management committed by individuals and organizations, and to report the misconduct of authorized officials in handling administrative violations in this field.

3. The authority, procedures, steps, and deadlines for handling appeals, reports, and administrative litigation shall be carried out in accordance with the provisions of the Law on Appeals and Reports and the Ordinance on Administrative Litigation Procedures (amended) dated January 5, 1999.

Article 24. Handling violations by authorized officials and individuals subject to administrative penalties in the field of industrial explosives management

1. Authorized officials who handle administrative penalties in the field of industrial explosives management who engage in harassment or cover-up for violators; fail to handle violations or handle them inadequately, improperly, or beyond their jurisdiction; misappropriate or misuse funds, evidence, or means related to violations shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided.

2. Individuals subject to administrative penalties in the field of industrial explosives management who act against law enforcement officers, delay, evade compliance with penalty decisions, or commit other violations shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation as stipulated in relevant regulatory legal documents; if damage is caused, compensation must be provided.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 25. Effectiveness

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

Article 26. Implementation

1. The Ministry of Industry is responsible for coordinating with relevant ministries and sectors to provide guidance on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.