Decree No. 73/2011/ND-CP on administrative sanctions for violations related to energy conservation and efficiency

DECREE

Regulations on Administrative Sanctions for Violations Concerning Energy Efficiency and Rational Use

_______________________

 

THE GOVERNMENT

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

Pursuant to the Law on Rational and Efficient Energy Use dated June 28, 2010;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Based on Decree No. 21/2011/NĐ-CP dated March 29, 2011 detailing and providing measures to implement the Law on Energy Efficiency and Rational Use;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of sanctions, penalty amounts, sanctioning authorities, and measures to remedy consequences concerning energy efficiency and rational use.

2. Acts of administrative violations concerning energy efficiency and rational use are those acts violating state management regulations on energy efficiency and rational use in Vietnam committed intentionally or negligently by individuals or organizations without reaching the level of criminal prosecution, which must be subject to administrative sanctions as prescribed in this Decree.

3. Acts of administrative violations concerning energy efficiency and rational use include:

a) Violating regulations on energy auditing;

b) Violating regulations on energy efficiency and rational use in industrial production, construction, transportation, and agricultural production;

c) Violating regulations on managing and using energy efficiently and effectively in key energy-consuming facilities;

d) Violating labeling regulations for energy;

đ) Violating regulations on producing, importing, and circulating means and equipment using energy listed in the Catalogue of Means and Equipment to be Phased Out;

e) Obstructing official duties in energy efficiency and rational use activities;

4. Acts of destroying national energy resources; fraudulently obtaining preferential policies from the State regarding energy efficiency and rational use; abusing positions and powers in managing and using energy efficiently and effectively for personal gain, and other violations shall be handled according to relevant laws.

Article 2. Persons subject to penalty

1. Individuals and organizations within the country and foreign individuals and organizations (hereinafter referred to collectively as individuals and organizations) committing administrative violations concerning energy efficiency and rational use on the territory of Vietnam.

2. Minors committing administrative violations concerning energy efficiency and rational use shall be sanctioned according to Article 7 of the Ordinance on Handling Administrative Violations.

3. In cases where civil servants, public officials, or employees violate laws on energy efficiency and rational use while performing official duties related to energy efficiency and rational use, they shall not be subject to administrative sanctions under this Decree but shall be dealt with according to laws on civil servants, public officials, and employees.

Article 3. Principles of Imposition of Sanctions

1. The principles of imposing administrative sanctions concerning energy efficiency and rational use shall be implemented in accordance with laws on handling administrative violations.

2. The imposition of administrative sanctions in energy efficiency and rational use shall be carried out by authorized persons as provided for in Articles 25, 26, 27, and 28 of this Decree.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances for administrative offenses related to the use of energy efficiency and conservation shall be implemented in accordance with the provisions of the law on handling administrative violations and this Decree.

Article 5. Statute of Limitations for Administrative Offenses

1. The statute of limitations for administrative offenses related to the use of energy efficiency and conservation is one year, calculated from the date the administrative violation is discovered. For administrative offenses concerning the production and importation of equipment and devices for energy efficiency and conservation, the statute of limitations is two years, calculated from the date the administrative violation is discovered.

If the time limit has expired, no administrative penalty will be imposed, but measures to remedy the consequences as stipulated in this Decree will still be applied.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or close the case, if their actions indicate administrative violations related to the use of energy efficiency and conservation, they will be subject to administrative penalties for such violations. Within three working days from the date of issuing the decision to terminate the investigation or close the case, the criminal prosecution agency must transfer the decision to terminate the investigation or close the case, along with the case file and a recommendation for administrative punishment, to the competent authority for administrative punishment. The statute of limitations for administrative offenses is three months, calculated from the date the competent authority receives the decision to terminate the investigation and the case file.

3. Within the time limits specified in paragraphs 1 and 2 of this Article, if an individual or organization commits a new administrative offense related to the use of energy efficiency and conservation or intentionally evades or obstructs the administrative punishment process, the statute of limitations specified in paragraphs 1 and 2 of this Article will not apply. The statute of limitations for administrative offenses in these cases will be recalculated from the date of the new administrative violation or from the date when the intentional evasion or obstruction ends.

Article 6. Time Period Considered as Not Having Been Punished for Administrative Offenses

An individual or organization that has been punished for administrative offenses related to the use of energy efficiency and conservation, if within one year from the date of completion of the execution of the administrative punishment decision or from the date the enforcement period of the administrative punishment decision expires without committing another offense, shall be considered as not having been punished for administrative offenses related to the use of energy efficiency and conservation.

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

1. Each administrative offense related to the use of energy efficiency and conservation, the violator, whether an individual or an organization, must bear one of the following forms of administrative penalties:

a) Warning;

b) Fine.

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

a) Suspension or revocation of the energy label certification; certification as a training institution for energy auditors and energy managers; energy management certificate, energy auditor certificate;

b) Confiscation of objects and means used to commit administrative offenses related to the use of energy efficiency and conservation.

3. In addition to the forms of administrative penalties prescribed in paragraphs 1 and 2 of this Article, the violator may also be subject to one or more remedial measures provided for in Chapter II of this Decree.

Article 8. Compensation for damages caused by administrative violations related to energy conservation and efficiency

Individuals and organizations that commit administrative violations related to energy conservation and efficiency causing damage to the interests of the State, the rights and legitimate interests of other individuals and organizations must compensate according to the provisions of the law.

Article 9. Responsibilities of the authorized authority to impose administrative penalties

1. When discovering administrative violations, the authorized authority performing official duties must immediately prepare a record, stop the violation immediately, and impose administrative penalties according to the procedures stipulated in Chapter VI of the Administrative Violation Handling Ordinance. In cases where the violation does not fall within their jurisdiction or exceeds their penalty authority, they must promptly transfer the case file to the authorized authority with the appropriate penalty authority.

2. The authorized authority to impose administrative penalties related to energy conservation and efficiency must impose penalties within their authority. If the authorized authority to impose administrative penalties is absent, they shall delegate their deputy to carry out the penalty according to the provisions of Article 41 of the Administrative Violation Handling Ordinance.

3. The authorized authority handling administrative violations who harass, tolerate, cover up, fail to handle, retain cases with signs of criminal offenses for administrative penalties, divide cases to retain for administrative penalties within their authority, or handle cases untimely, improperly, or beyond their authority shall be subject to disciplinary action or criminal responsibility pursuit, and if damage is caused, they must compensate according to the provisions of the law.

4. Decisions to impose penalties that are not within the authority, against the wrong violator, or for the wrong violation; applying incorrect forms, levels of fines, and measures to rectify consequences; imposing penalties outside the time limit or period specified shall be revised or revoked depending on the specific circumstances.

5. The handling of violations by the authorized authority to impose administrative penalties related to energy conservation and efficiency shall be carried out according to the laws on cadres and civil servants and relevant legal documents.

Chapter II

VIOLATIONS, FORMS OF HANDLING, AND PENALTIES

Section 1

VIOLATIONS OF ENERGY AUDIT REGULATIONS

Article 10. Violations of major energy users regarding energy audits

1. Warning penalty for failing to fully implement the contents of the audit report according to the prescribed form.

2. Fine from 50,000,000 VND to 70,000,000 VND for failing to conduct an energy audit as required.

Article 11. Violations of regulations on training and issuing energy auditor certificates

1. For organizing a training course to issue completion certificates for energy auditors without meeting the conditions stipulated by the Ministry of Industry and Trade:

a) Fine from 10,000,000 VND to 15,000,000 VND for violating the regulations on the teaching staff;

b) Fine from 15,000,000 VND to 20,000,000 VND for violating the regulations on teaching materials;

c) Fine from 15,000,000 VND to 25,000,000 VND for violating the regulations on facilities;

d) Fine from 25,000,000 VND to 30,000,000 VND for organizing training without permission from the competent authority.

2. For issuing energy auditor certificates not in accordance with regulations, the violator will be handled according to the laws on cadres and civil servants and relevant legal documents.

3. Additional forms of punishment:

Revocation of the certificate of eligibility to operate as a training institution for energy auditors for violations stipulated in points b, c, clause 1 of this Article.

4. Measures to remedy consequences:

a) Compel the recovery of completion certificates for energy auditor training courses issued for violations stipulated in points b, c, d, clause 1 of this Article;

b) Compel the refund of all amounts collected from students and bear all costs for the refund for violations stipulated in points b, c, d, clause 1 of this Article;

c) Compel the recovery of issued energy auditor certificates for violations stipulated in clause 2 of this Article.

Article 12. Violations by organizations and individuals conducting energy audits

1. A fine of from VND 10,000,000 to VND 15,000,000 for the following violations:

a) Using a fake energy auditor certificate;

b) Renting or lending an energy auditor certificate to conduct an audit.

2. A fine of from VND 15,000,000 to VND 30,000,000 for violations of the provisions on energy auditing set forth in Article 34 of the Law on Rational and Efficient Energy Use.

3. Additional forms of punishment:

Revocation of the right to use the energy auditor certificate for a second violation of the act specified in point b, Clause 1 of this Article.

Section 2

VIOLATIONS OF THE PROVISIONS ON RATIONAL AND EFFICIENT ENERGY USE IN INDUSTRIAL PRODUCTION,

CONSTRUCTION, TRANSPORTATION, AND AGRICULTURAL PRODUCTION

Article 13. Violations of the provisions on rational and efficient energy use in industrial production

1. A fine of from VND 10,000,000 to VND 30,000,000 for failing to implement technical standards, management measures, and technologies for rational and efficient energy use as prescribed in Decree No. 21/2011/ND-CP dated March 29, 2011 detailing and providing guidance for the implementation of the Law on Rational and Efficient Energy Use.

2. Measures to remedy consequences:

Compel compliance with technical standards, management measures, and technologies for rational and efficient energy use as prescribed for the act specified in Clause 1 of this Article.

Article 14. Violations of the provisions on rational and efficient energy use in energy production and supply facilities

1. A fine of VND 100,000,000 for intentionally failing to decommission power generation units with outdated technology and low efficiency according to the schedule prescribed by the Prime Minister.

2. A fine of VND 100,000,000 for intentionally constructing new power generation units with outdated technology and low efficiency prohibited by the Prime Minister.

3. Additional forms of punishment:

Revocation of construction permit for the violation specified in Clause 2 of this Article.

4. Measures to remedy consequences:

Compel decommissioning of power generation units for the violation specified in Clause 1 of this Article.

Article 15. Violations of the provisions on rational and efficient energy use in public lighting

1. A fine of from VND 5,000,000 to VND 10,000,000 for managing and operating public lighting systems outside the seasonal, regional, and local time frames prescribed by the Prime Minister or the Chairman of the People's Committee of provinces and centrally governed cities.

2. A fine of from VND 10,000,000 to VND 20,000,000 for repairing or replacing lighting equipment using lighting equipment that does not comply with technical standards for rational and efficient energy use in public lighting issued by the Ministry of Construction.

3. A fine of from VND 20,000,000 to VND 30,000,000 for installing new public lighting systems using lighting equipment that does not comply with technical standards for rational and efficient energy use in public lighting issued by the Ministry of Construction.

4. Measures to remedy consequences:

Compel the use of lighting equipment that complies with technical standards for rational and efficient energy use in public lighting as prescribed in Clauses 2 and 3 of this Article.

Article 16. Violations of the provisions on rational and efficient energy use in construction activities

1. A fine of from VND 20,000,000 to VND 30,000,000 for failing to properly implement regulations on energy consumption norms, technical standards in design, construction, and use of building materials aimed at energy conservation issued by the Ministry of Construction.

2. For approving construction permits for projects that do not comply with regulations on energy consumption norms and technical standards in design, construction, and use of building materials aimed at energy conservation issued by the Ministry of Construction, such acts shall be handled in accordance with laws on civil servants and related legal documents.

3. Measures to remedy consequences:

a) Compel the revocation of construction permits already issued for the violation specified in Clause 2 of this Article;

b) Compel compliance with regulations on energy consumption norms and technical standards in design, construction, and use of building materials aimed at energy conservation issued by the Ministry of Construction.

Article 17. Violations concerning the use of energy efficiently and economically in transportation activities

1. A fine of from VND 20,000,000 to VND 30,000,000 for the act of using transport means listed in the Catalogue of Means and Equipment to be Eliminated as prescribed by the Government.

2. A fine of from VND 50,000,000 to VND 70,000,000 for the act of producing equipment and transport means that do not comply with technical standards and energy consumption norms on efficient and economical energy use in the production of such equipment and transport means.

3. A fine of from VND 80,000,000 to VND 100,000,000 for the act of importing equipment and transport means that do not comply with technical standards and energy consumption norms on efficient and economical energy use for such equipment and transport means.

4. Measures to remedy consequences:

a) Order to cease circulation or destroy equipment and transport means for the act stipulated in Clause 1 of this Article;

b) Order to re-export or destroy imported equipment and transport means for the act stipulated in Clause 3 of this Article.

Article 18. Violations concerning the use of energy efficiently and economically in agricultural production

For the act of using fishing equipment, agricultural machinery with outdated technology and low energy efficiency listed in the Catalogue of Means and Equipment to be Eliminated according to the schedule issued by competent state agencies:

1. Warning for the first violation by organizations or individuals.

2. A fine of from VND 1,000,000 to VND 5,000,000 for the act by individuals who continue to violate within six months from the date of warning.

3. A fine of from VND 10,000,000 to VND 20,000,000 for the act by organizations who continue to violate within six months from the date of warning.

4. Measures to remedy consequences:

Order to cease circulation of equipment, machinery within six months from the date of imposition of fines.

Section 3

VIOLATIONS OF PROVISIONS ON MANAGEMENT AND USE OF ENERGY EFFICIENTLY AND ECONOMICALLY IN KEY ENERGY CONSUMING ESTABLISHMENTS

Article 19. Violations concerning training and issuing certificates for energy management

1. For the act of organizing training courses to issue certificates of completion of energy management training courses without ensuring conditions as prescribed by the Ministry of Industry and Trade:

a) Fine from 10,000,000 VND to 15,000,000 VND for violating the regulations on the teaching staff;

b) Fine from 15,000,000 VND to 20,000,000 VND for violating the regulations on teaching materials;

c) A fine of from VND 20,000,000 to VND 25,000,000 for violations of provisions on physical facilities;

d) Fine from 25,000,000 VND to 30,000,000 VND for organizing training without permission from the competent authority.

2. For the act of issuing energy management certificates in violation of regulations, shall be handled in accordance with laws on cadres and civil servants and related legal documents.

3. Additional forms of punishment:

Revocation of the certificate of eligibility to operate an energy management training institution for violations stipulated at points b and c of Clause 1 of this Article.

4. Measures to remedy consequences:

a) Order to recall certificates of completion of energy management training courses already issued for violations stipulated at points b, c, and d of Clause 1 of this Article;

b) Compel the refund of all amounts collected from students and bear all costs for the refund for violations stipulated in points b, c, d, clause 1 of this Article;

c) Order to recall energy management certificates already issued for violations stipulated in Clause 2 of this Article.

Article 20. Violations concerning the application of energy management models

1. Warning for the head of key energy-consuming establishments who fail to fully implement the contents of the energy management model for key energy-consuming establishments as prescribed in Article 8 of Decree No. 21/2011/NĐ-CP dated March 29, 2011 detailing and providing implementation measures for the Law on Efficient and Economical Energy Use.

2. A fine of from VND 5,000,000 to VND 10,000,000 for the act of not appointing or appointing persons who do not meet the conditions to hold the position of energy manager as prescribed in Article 35 of the Law on Efficient and Economical Energy Use.

3. A fine of from VND 5,000,000 to VND 10,000,000 for the act of not developing annual and five-year plans for efficient and economical energy use; not reporting the results of implementing these plans annually and over five years.

Section 4

VIOLATIONS OF PROVISIONS ON ENERGY LABELS

Article 21. Violations concerning energy label certification and energy label usage

1. For acts of issuing energy label certification that do not comply with the regulations of the Ministry of Industry and Trade, they shall be handled according to the laws on civil servants and public officials and related legal documents.

2. A fine of from five million dong to ten million dong shall be imposed for acts of failing to report or reporting inaccurately to competent state agencies regarding the quantity and types of equipment and devices required to bear energy labels produced or imported.

3. A fine of from five million dong to ten million dong shall be imposed for acts of using energy labels incorrectly.

4. A fine of from ten million dong to thirty million dong shall be imposed for acts of continuing to affix energy labels to equipment and devices when their energy label certification has expired.

5. For acts of failing to affix energy labels to equipment and devices required to bear energy labels:

a) A warning shall be given for the first violation;

b) A fine of from ten million dong to twenty million dong shall be imposed for the second violation;

c) A fine of from thirty million dong to fifty million dong shall be imposed for the third violation.

6. A fine of from thirty million dong to fifty million dong shall be imposed for acts of providing incorrect information on energy efficiency on energy labels compared to the energy label certification issued by the competent authority.

7. A fine of from fifty million dong to seventy million dong shall be imposed for acts of affixing energy labels to equipment and devices that do not match the energy label certification, or affixing energy labels to equipment and devices before obtaining the energy label certification.

8. Measures to remedy consequences:

a) The energy label certification must be recalled for violations stipulated in Clause 1 of this Article;

b) Energy labeling must be suspended for violations stipulated in Clauses 3 and 4 of this Article;

c) The affixed energy labels must be recalled for violations stipulated in Clause 7 of this Article.

Article 22. Violations concerning issuance of certificates of compliance with standards and test results for energy efficiency

1. For acts of issuing certificates of compliance with standards and test results for energy efficiency for equipment and devices that do not meet the standards, penalties shall be imposed as follows:

a) A fine of from five million dong to ten million dong shall be imposed for the first violation;

b) A fine of from ten million dong to twenty million dong shall be imposed for the second violation;

c) A fine of from twenty million dong to thirty million dong shall be imposed for the third violation.

2. Measures to remedy consequences:

a) Certificates and test results already issued must be recalled for violations stipulated in Clause 1 of this Article;

b) Names shall be removed from the list of accredited testing laboratories for energy efficiency testing for violations stipulated in point c of Clause 1 of this Article.

Section 5

VIOLATIONS CONCERNING THE REMOVAL OF EQUIPMENT AND DEVICES

Article 23. Violations concerning production and importation of equipment and devices using energy listed in the Catalogue of Equipment and Devices to be Removed

1. A fine of from fifty million dong to seventy million dong shall be imposed for acts of producing or importing equipment and devices using energy listed in the Catalogue of Equipment and Devices to be Removed.

2. Remedial measures for the consequences of the act stipulated in Clause 1 of this Article:

a) Re-export or destruction for imported equipment and devices;

b) Prohibition of circulation in the market for domestically produced equipment and devices.

3. Organizations and individuals who violate shall bear all costs to implement the remedial measures stipulated in Clause 2 of this Article.

Chapter 6

OBSTRUCTION OF PUBLIC SERVICE ACTIVITIES IN ENERGY EFFICIENCY AND EFFECTIVENESS USE

Article 24. Sanctions for acts obstructing the performance of official duties by authorized persons

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Engaging in actions that obstruct or create difficulties for the performance of official duties by authorized persons;

b) Using words or actions to threaten, insult, or defame the honor of persons performing official duties.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Failing to declare, report, or declaring or reporting inaccurately or not within the prescribed time limit as required by the authorized person enforcing administrative violations or state management agency with authority;

b) Failing to provide or providing incomplete evidence or documents related to inspection, examination, and administrative violation handling by the authorized person enforcing administrative violations or state management agency with authority.

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

a) Removing seals from objects, means, or equipment that have been sealed or temporarily detained without authorization, or changing the scene of administrative violations;

b) Disposing of, altering, or substituting objects, means, or equipment under inspection, examination, or temporary detention;

c) Storing, harboring, or consuming objects, means, or equipment that have been disposed of during inspection, examination, or temporary detention.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of delaying, evading, or failing to comply with administrative decisions regarding inspection, examination, and administrative violation handling by authorized persons or state agencies.

5. Additional forms of punishment:

Confiscation of objects, means, or equipment that have been disposed of shall be applied for violations stipulated in points b and c of Clause 3 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING SANCTIONS

Article 25. Principles for Determining Authority to Impose Administrative Violation Penalties

The principles for determining authority to impose administrative violation penalties shall be implemented according to Article 42 of the Ordinance on Handling Administrative Violations.

Article 26. Authority to Impose Administrative Violation Penalties of Specialized Inspectors in Commerce, Construction, Transportation, and Market Management Agencies

1. Specialized commerce inspectors performing official duties have the right:

a) To issue warnings;

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

c) To confiscate objects, means used for administrative violations up to VND 2,000,000 in value.

2. The Chief Inspector of the Department of Commerce has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use certificates or licenses on energy efficiency and conservation for a limited or unlimited period;

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

đ) To apply supplementary sanctions as provided for in Clause 3 of Article 12 of this Decree;

e) To apply measures to remedy consequences as provided for in point a and b of Clause 4 of Article 11, Clause 2 of Article 13, Clause 4 of Article 15, point a of Clause 4 of Article 17, Clause 4 of Article 18, point a and b of Clause 4 of Article 19, point b of Clause 8 of Article 21, point a of Clause 2 of Article 22 of this Decree and other remedial measures prescribed by law.

3. The Chief Inspector of the Department of Construction has the right:

a) To impose administrative penalties for violations concerning energy efficiency and conservation in construction as stipulated in Articles 15, 16, and 24 of this Decree;

b) To apply measures to remedy consequences as provided for in Clause 4 of Article 15 and Clause 3 of Article 16 of this Decree.

4. The Chief Inspector of the Department of Transport has the right:

a) To impose administrative penalties for violations concerning energy efficiency and conservation in transport as stipulated in Clause 1 of Article 17 and Article 24 of this Decree;

b) To apply measures to remedy consequences as provided for in point a of Clause 4 of Article 17 of this Decree.

5. The Chief Inspector of the Ministry of Industry and Trade has the right:

a) To issue warnings;

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

c) To revoke the right to use certificates or licenses on energy efficiency and conservation for a limited or unlimited period;

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

đ) To apply all forms of supplementary sanctions and measures to remedy consequences as provided for in this Decree.

6. The Chief Inspector of the Ministry of Construction has the right:

To impose administrative penalties, apply forms of supplementary sanctions, and measures to remedy consequences concerning energy efficiency and conservation in construction as stipulated in Articles 15, 16, and 24 of this Decree.

7. The Chief Inspector of the Ministry of Transport has the right:

To impose administrative penalties, apply forms of supplementary sanctions, and measures to remedy consequences concerning energy efficiency and conservation in transport as stipulated in Article 17 and 24 of this Decree.

8. Authorized persons of market management agencies within their functions, tasks, and powers as stipulated in Article 37 of the Ordinance on Handling Administrative Violations and relevant laws have the right to impose administrative penalties for violations:

a) Regarding production, import, circulation of means and equipment using energy listed in the Catalogue of Means and Equipment to be Eliminated;

b) As stipulated in Clauses 3, 4, 5, 6, 7 of Article 21 and Article 24 of this Decree.

Article 27. Administrative Sanctioning Authority of Various Levels of People's Committees

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

a) To issue warnings;

b) Imposing fines up to VND 2,000,000;

c) Confiscating property, means, and equipment used for administrative violations with a value up to VND 2,000,000.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscating property and means used for administrative violations.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

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

c) To revoke the right to use certificates or licenses on energy efficiency and conservation for a limited or unlimited period;

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

d) Applying all supplementary sanctions and measures to remedy consequences as prescribed in this Decree and other relevant laws.

Article 28. Administrative Sanctioning Authority of Other Agencies

Within their assigned functions, tasks, and powers, agencies that discover administrative violations related to energy conservation and efficiency shall have the authority to impose administrative sanctions according to the Administrative Violation Handling Ordinance and the provisions of this Decree.

Article 29. Procedures for Imposing Administrative Sanctions and Enforcing Sanction Decisions

1. The procedures for imposing administrative sanctions on energy conservation and efficiency violations shall be carried out in accordance with the Administrative Violation Handling Ordinance and Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing certain provisions of the Administrative Violation Handling Ordinance. The forms of inspection reports and sanction decisions for use in imposing sanctions are stipulated in the Appendix attached to this Decree.

2. All cases of administrative violations subject to sanctions must be recorded in files and kept fully at the sanctioning agency within the time limit prescribed by law.

The preparation of inspection reports and sanction decisions must comply with the procedures set forth in Articles 54, 55, and 56 of the Administrative Violation Handling Ordinance.

3. The imposition and payment of fines must comply with the procedures set forth in Articles 57 and 58 of the Administrative Violation Handling Ordinance.

4. The procedures for suspending or revoking certificates and licenses related to energy conservation and efficiency for a limited or unlimited period shall be carried out in accordance with Article 59 of the Administrative Violation Handling Ordinance.

5. The procedures for confiscating and handling property and means involved in administrative violations related to energy conservation and efficiency shall be carried out in accordance with Articles 60 and 61 of the Administrative Violation Handling Ordinance.

Article 30. Compliance with Sanction Decisions and Compulsory Enforcement of Administrative Sanction Decisions on Energy Conservation and Efficiency

1. Individuals and organizations violating administrative regulations on energy conservation and efficiency and being sanctioned under this Decree must comply with the sanction decision within ten days from the date they receive the sanction decision, except in cases provided for in Article 65 of the Administrative Violation Handling Ordinance.

2. If individuals and organizations subject to administrative sanctions on energy conservation and efficiency fail to voluntarily comply with or intentionally evade compliance with the sanction decision beyond the time limit specified in paragraph 1 of this Article, compulsory enforcement shall be applied. Individuals and organizations subject to compulsory enforcement must bear all costs associated with organizing the implementation of enforcement measures. The procedures for compulsory enforcement of administrative sanction decisions and the authority to issue enforcement decisions are governed by Articles 66 and 67 of the Administrative Violation Handling Ordinance and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government detailing the procedures for applying compulsory enforcement measures for administrative sanction decisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 31. Transfer of case files of administrative violations with signs of criminal offenses for criminal responsibility pursuit

When examining an administrative violation to decide on punishment, if it is found that the violation has signs of a criminal offense, the competent authority must immediately transfer the file to the competent criminal proceedings agency.

Article 32. Collection, payment, management and use of fines

1. Individuals and organizations violating administrative regulations on energy conservation and efficiency shall pay the fine as prescribed by law.

2. The collection and payment of fines shall be carried out in accordance with the Ordinance on Handling Administrative Violations. Individuals and organizations committing administrative violations may pay the fine by deducting from their bank account.

3. The money collected from administrative penalties under this Decree shall be deposited into a temporary receipt and retention account opened by the financial agency at the State Treasury and shall be entirely used for the work of handling administrative violations related to energy conservation and efficiency.

4. The Ministry of Finance shall take the lead and coordinate with relevant ministries and sectors to guide the collection, payment, management and use of funds obtained from penalties under this Decree.

Article 33. Effective Date

This Decree takes effect from October 15, 2011.

Article 34. Responsibility for Implementation

1. The Minister of Industry and Trade shall be responsible for guiding in detail and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.