Decree No. 74/2003/NĐ-CP on administrative penalties for violations in the electricity sector

DECREE

Provisions on administrative penalties for violationsin the electricity sector

____________________

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

Administrative violations in the electricity sector are intentional or unintentional acts that violate state management regulations in the electricity operation and electricity usage sectors, which are not criminal offenses and according to the law must be subject to administrative penalty, including:

1. Violations of regulations on electricity operation licenses.

2. Violations of regulations on construction, production, transmission, and distribution of electricity.

3. Violations of regulations on electricity supply.

4. Violations of regulations on electricity usage.

5. Violations of regulations on protecting the safety of power facilities and power grid protection zones.

Article 2. Applicability

1. Individuals and organizations committing administrative violations in the electricity sector as stipulated in Chapter II of this Decree.

2. Foreign individuals and organizations committing administrative violations in the electricity sector 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 electricity sector shall be penalized in accordance with Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Principles of administrative penalties in the electricity sector

1. Administrative penalties in the electricity sector must be carried out by those authorized under Chapter III of this Decree in accordance with the provisions of the law.

2. All administrative violations in the electricity sector must be detected promptly and stopped immediately. The penalty process must be conducted swiftly, fairly, and thoroughly; all consequences caused by administrative violations in the electricity sector must be remedied in accordance with the law.

3. An administrative violation in the electricity sector shall only be penalized once. A person who commits multiple administrative violations in the electricity sector shall be penalized for each individual violation. If multiple people commit the same administrative violation in the electricity sector, each violator shall be penalized.

4. Administrative penalties in the electricity sector must be based on the nature and degree of the violation, personal circumstances, and mitigating or aggravating circumstances to determine appropriate forms and measures of punishment. Mitigating and aggravating circumstances are applied in accordance with Articles 8 and 9 of the Administrative Violation Handling Ordinance.

5. Administrative penalties in the electricity sector shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when the administrative violation occurs while the person is suffering from mental illness or other diseases that impair their ability to understand or control their actions.

Article 4. Time limit for administrative penalties in the electricity sector and the period considered as not having been administratively penalized in the electricity sector

1. The time limit for administrative penalties in the electricity sector is one year from the date the administrative violation in the electricity sector was committed; if this period has passed, no penalty will be imposed but the measures prescribed in Clause 3 of Article 5 of this Decree shall still be applied to remedy the consequences caused by the administrative violation in the electricity sector.

2. For individuals who have been indicted, prosecuted, or had a case brought to trial under criminal procedure but subsequently received a decision to terminate the investigation or close the case from the competent authority, if the act of violation also constitutes an administrative violation in the electricity sector, they shall be subject to administrative penalties; in such cases, the time limit for administrative penalties in the electricity sector is three months from the date the authority responsible for imposing penalties receives the decision to terminate the investigation and the case file.

3. Within the periods specified in Clauses 1 and 2 of this Article, if an individual or organization commits a new administrative violation in the electricity sector or intentionally evades or obstructs the imposition of penalties, the time limits specified in Clauses 1 and 2 of this Article shall not apply. The time limit for administrative penalties in the electricity sector shall be recalculated from the date of the new administrative violation or the date the evasion or obstruction ends.

4. Individuals and organizations subject to administrative penalties in the electricity sector, if more than one year has passed since the completion of the penalty decision or since the expiration of the enforcement period of the penalty decision without reoffending, shall be considered as not having been administratively penalized in the electricity sector.

Article 5. Forms of administrative penalties in the electricity sector

1. Main forms of punishment: for each administrative violation in the electricity sector, the violator must bear one of the following main forms of punishment:

a) Warning: applicable to minor first-time administrative violations by individuals or organizations with mitigating circumstances or to all administrative violations committed by minors aged 14 or older but under 16. Warnings are decided in writing;

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

2. Supplementary forms of punishment: depending on the nature and degree of the violation, individuals and organizations committing administrative violations in the electricity sector may also be subject to one or more of the following supplementary forms of punishment:

a) Suspension of the right to use the electricity operation license for a certain period;

b) Confiscation of property and means used to commit administrative violations in the electricity sector.

3. In addition to the main penalties and supplementary penalties prescribed in Clauses 1 and 2 of this Article, individuals and organizations violating administrative regulations in the electricity sector may also be ordered to restore the initial state altered due to administrative violations in the electricity sector or to dismantle unauthorized construction works.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE ELECTRICITY SECTOR,

FORMS OF ADMINISTRATIVE PENALTIES AND AMOUNTS OF FINES

Article 6. Violations of regulations on electricity operation permits

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of using an electricity operation permit that has expired.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Renting, lending, or leasing, borrowing an electricity operation permit;

b) Self-modifying the contents recorded in an electricity operation permit.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Engaging in electricity operations without an electricity operation permit;

b) Engaging in electricity operations when the competent authority has suspended or revoked the right to use an electricity operation permit.

4. Depending on the nature and degree of violation, individuals and organizations committing violations may also have their right to use an electricity operation permit revoked for a period of six months to one year for violations stipulated in Clause 2 of this Article.

Article 7. Violations of regulations on construction, production, transmission, and distribution of electricity

1. A fine of from VND 300,000 to VND 700,000 shall be imposed for one of the following acts:

a) Cutting down trees, trimming trees, or demolishing structures not in accordance with the provisions of the law when constructing, operating, or repairing power grids;

b) Failing to restore the initial state of related structures altered due to construction or repair of electrical works.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Violating safety regulations for persons and property during the renovation, upgrading, repair, or installation of electrical works;

b) Violating procedures and norms in electricity production, transmission, and distribution causing danger to persons or damage to property.

3. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following acts:

a) Installing power lines and substations for electricity distribution purposes outside the scope permitted by the competent authority;

b) Violating legal regulations on investment in electricity development;

c) Obstructing organizations or individuals performing tasks to repair or construct electrical works.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of producing, transmitting, or distributing electricity without being inspected and confirmed by the competent authority to meet the conditions for such activities.

5. In addition to the main penalties for violations stipulated in this Article, individuals and organizations violating administrative regulations in the electricity sector may also be ordered to restore the initial state altered due to violations stipulated in Point b Clause 1 and Point a Clause 3 of this Article.

Article 8. Violations of regulations on electricity supply

1. A fine of from VND 100,000 to VND 300,000 shall be imposed for one of the following acts:

a) Inspecting organizations or individuals using electricity without carrying a business card or a decision to inspect issued by the grid management agency;

b) Disconnecting or cutting off electricity not in accordance with the announced content.

2. A fine of from VND 300,000 to VND 500,000 shall be imposed for one of the following acts:

a) Failing to prepare a handover acceptance record for the electricity user according to regulations after installing, replacing, repairing, or adjusting the electricity metering system;

b) Failing to send personnel to check the meter within five days from receiving the request from the electricity buyer regarding meter checking;

c) Failing to announce and publicly post at transaction locations for electricity purchase and sale the legal provisions on the rights and obligations of electricity buyers and sellers, conditions for signing electricity purchase and sale contracts, electricity prices, and procedures for stopping electricity supply;

d) Failing to sign an electricity purchase and sale contract within ten days from when the residential electricity buyer has met the required conditions and agreed on the terms in the draft contract.

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

a) Performing any of the following tasks without a work order, assignment order, or business card: repairing, connecting equipment, power lines, or substations of the electricity industry or users; removing, installing, or calibrating meters on the power grid;

b) Failing to address an incident within two hours after receiving notification from the electricity buyer about a power grid incident managed by the electricity seller;

c) Obstructing public officials conducting inspections or audits of electricity purchase and sale transactions.

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

a) Using electricity facilities of the buyer to supply electricity to other users without authorization;

b) Disconnecting electricity from organizations or individuals not subject to restricted use during power shortages, except in cases where there is a risk of serious safety incidents.

5. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Failing to sign an economic contract for electricity purchase and sale within ten days from when the electricity buyer has met the required conditions and agreed on the terms in the draft contract;

b) Disconnecting electricity without notifying according to the prescribed procedures for stopping electricity supply.

6. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Delaying repairs to the power grid after an incident without a valid reason;

b) Using electricity metering devices that have not been inspected and sealed by the competent authority as prescribed or intentionally using an electricity metering system with errors exceeding the prescribed limit.

7. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for the act of exploiting one's profession to harass organizations or individuals using electricity for personal gain.

Article 9. Violations of regulations on electricity usage

1. A fine of from VND 100,000 to VND 300,000 shall be imposed for obstructing authorized personnel in inspecting electricity usage.

2. A fine of from VND 300,000 to VND 700,000 shall be imposed for one of the following acts:

a) Self-installing, disconnecting, repairing, or replacing electrical equipment and structures of the electricity seller;

b) Self-moving or altering the electricity metering system (including seals and wiring diagrams), electrical equipment, and structures of the electricity seller;

c) Accidentally causing an incident in the electricity system of the electricity seller.

d) Using interference devices to damage or distort data transmission, measurement, and protection equipment of the electrical system.

3. Imposing fines for acts of stealing electricity in any form for personal consumption:

a) A fine of VND 200,000 to VND 400,000 for acts of stealing electricity with a quantity under 100 kWh;

b) A fine of VND 300,000 to VND 700,000 for acts of stealing electricity with a quantity from 100 kWh to under 200 kWh.

c) A fine of VND 1,000,000 to VND 2,000,000 for acts of stealing electricity with a quantity from 200 kWh to under 300 kWh;

d) A fine of VND 2,000,000 to VND 3,000,000 for acts of stealing electricity with a quantity from 300 kWh to under 400 kWh;

đ) A fine of VND 3,000,000 to VND 5,000,000 for acts of stealing electricity with a quantity from 400 kWh to under 500 kWh.

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

a) Self-initiated energization of electrical facilities when the buyer's electrical installation has not been accepted and handed over or during the period of power supply interruption due to violations of regulations on electricity usage;

b) Using additional sources of electricity without permission from the seller beyond the permitted source in cases where electricity is used for production, business, or service purposes;

c) Self-initiated sale of electricity to other organizations or individuals without the consent of the seller;

d) Using electricity for fishing, mouse traps, theft prevention, property protection, crop protection, or other actions that violate safety regulations in electricity usage.

5. Imposing fines for acts of stealing electricity in any form for purposes other than those specified in Clause 3 of this Article:

a) A fine of VND 5,000,000 to VND 7,000,000 for acts of stealing electricity with a quantity under 100 kWh;

b) A fine of VND 7,000,000 to VND 10,000,000 for acts of stealing electricity with a quantity from 100 kWh to under 200 kWh;

c) A fine of VND 10,000,000 to VND 15,000,000 for acts of stealing electricity with a quantity from 200 kWh to under 300 kWh;

d) A fine of VND 15,000,000 to VND 20,000,000 for acts of stealing electricity with a quantity from 300 kWh to under 400 kWh;

đ) A fine of VND 20,000,000 to VND 30,000,000 for acts of stealing electricity with a quantity from 400 kWh to under 500 kWh.

6. Depending on the nature and degree of violation, violators may also have their contraband and means of violation confiscated for violations stipulated in Clauses 2, 3, and 5 of this Article.

7. In addition to the main penalties and supplementary penalties for violations stipulated in this Article, administrative violators in the field of electricity may also be ordered to restore the initial state altered by the violation as stipulated in Clauses 2, 3, 4, and 5 of this Article.

Article 10. Violations concerning the protection of electrical facility safety and the safety clearance zone of the power grid

1. Warning or imposing a fine of VND 50,000 to VND 150,000 for acts of climbing poles or entering substations without authorization.

2. Imposing a fine of VND 100,000 to VND 300,000 for any of the following acts:

a) Flying kites, balloons, remote-controlled aircraft, or other flying objects within the protected area of electrical facilities or the safety clearance zone of the power grid; tying animals, vehicles, or tools to poles or substations' fences;

b) Installing antennas, clotheslines, signboards, advertising lights, or other items within the protected area of electrical facilities, within the safety clearance zone of the power grid, or at positions where they could fall or be blown onto power lines or other parts of electrical facilities, endangering human life;

c) Cutting trees, planting trees, or trimming branches in violation of regulations within the protected area of electrical facilities or within the safety clearance zone of the power grid;

d) Cutting trees or trimming branches outside the protected area of electrical facilities or outside the safety clearance zone of the power grid without safety measures to prevent them from touching power lines or other parts of electrical facilities.

3. Imposing a fine of VND 300,000 to VND 700,000 for violations of foundation, fence, pole, or other structural and component safety of electrical facilities.

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

a) Not installing warning signs, signal lights, or directional signs in hazardous areas according to regulations or not placing markers or signs along underground cable routes;

b) Storing flammable or explosive materials outside the protected area of electrical facilities or outside the safety clearance zone of the power grid in violation of fire and explosion safety regulations, affecting the safety of electrical facilities;

c) Building tents, shops, houses, or other structures that obstruct drainage, block ventilation openings, or hinder access to substations.

5. Imposing a fine of VND 2,000,000 to VND 4,000,000 for any of the following acts:

a) Storing flammable or explosive materials within the protected area of electrical facilities or within the safety clearance zone of the power grid;

b) Burning forests, fields, or other substances in violation of regulations protecting electrical facilities and the safety clearance zone of the power grid;

c) Using parts or structures of electrical facilities for other purposes without permission from the authorized management unit of the electrical facility;

d) Using tools or equipment with heights that violate the safe distance regulations for high-voltage power grid protection;

đ) Removing, defacing, or covering warning signs, safety signals, or other signs on poles, within the protected area of electrical facilities or the safety clearance zone of the power grid, substations, or power plants;

e) Damaging poles, wires, insulators, lightning arresters, grounding wires, cables, and other components or structures of electrical facilities with voltages below 1 kV.

6. Imposing a fine of VND 3,000,000 to VND 6,000,000 for damaging poles, wires, insulators, lightning arresters, grounding wires, cables, and other components or structures of electrical facilities with voltages from 1 kV to 110 kV.

7. Imposing a fine of VND 4,000,000 to VND 8,000,000 for damaging poles, wires, insulators, lightning arresters, grounding wires, anchor wires, cables, and other components or structures of electrical facilities with voltages above 110 kV.

8. Imposing a fine of VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Building new, upgrading, or renovating housing, setting up tents, shops, or other structures that violate regulations on the protection of electrical facility safety and high-voltage power line safety zones;

b) Failing to ensure safety conditions for housing or legally constructed buildings left within the high-voltage power line safety zone as prescribed;

c) Conducting underground construction or dredging in rivers or lakes within the safety zone for underground power cable routes without prior agreement from the competent authority managing electrical facilities;

d) Discharging waste or wastewater containing corrosive substances within the safety zone for underground power cable routes;

đ) Blasting operations violating regulations on the protection of electrical facility safety and high-voltage power line safety zones;

e) Failing to comply with prescribed safety distances when designing, constructing, or repairing electrical facilities;

g) Using electricity as a direct protective measure not in accordance with regulations approved by the competent authority;

9. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of digging holes, driving piles, anchoring ships, or other acts that violate the safety zone for underground power cables marked with signs or warning signals;

10. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of constructing ports, building houses, or other structures within the protection area of power plants or underground power cable routes marked with signs or warning signals;

11. Depending on the nature and degree of violation, individuals or organizations committing violations may also have their contraband confiscated or means of violation seized for the acts stipulated in Clause 2, Clause 3, Point c Clause 4, Point a, Point d, and Point e Clause 5, Clause 6, Clause 7, Point c Clause 8, Clause 9, and Clause 10 of this Article;

12. In addition to the main penalties and supplementary penalties for violations of the provisions of this Article, individuals or organizations committing administrative violations in the field of electricity may also be subject to the following remedial measures:

a) Forced demolition of unauthorized constructions for administrative violations in the field of electricity as specified in Point b Clause 2, Point c Clause 4, Point c Clause 5, Point a and Point e Clause 8, and Clause 10 of this Article;

b) Forced restoration to the original state altered due to violations of the provisions as specified in Point c Clause 2, Clause 3, Point c Clause 4, Point c, Point đ, and Point e Clause 5, Clause 6, Clause 7, and Clause 10 of this Article;

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES IN THE FIELD OF ELECTRICITY

Article 11. Administrative sanction authority of 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 electricity occurring within their jurisdiction, specifically as follows:

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

a) To issue warnings;

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

c) Confiscation of contraband and means of violation used in administrative violations in the field of electricity valued up to VND 500,000;

d) Forced restoration to the original state altered due to administrative violations in the field of electricity;

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

a) To issue warnings;

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

c) Confiscation of contraband and means of violation used in administrative violations in the field of electricity;

d) Forced restoration to the original state altered due to administrative violations in the field of electricity;

đ) Forced demolition of unauthorized or improperly permitted constructions violating laws in the field of electricity activities;

3. The Chairperson of the People's Committee at the provincial level has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revocation of the Electricity Business License issued by the People's Committee of provinces or centrally governed cities;

d) Confiscation of contraband and means of violation used in administrative violations in the field of electricity;

đ) Forced restoration to the original state altered due to administrative violations in the field of electricity;

e) Forced demolition of unauthorized or improperly permitted constructions violating laws in the field of electricity activities;

Article 12. Authority to Impose Administrative Penalties of the Electricity Inspectorate

The Electricity Inspectorate under the Ministry of Industry has the authority to impose administrative penalties for violations in the field of electricity throughout the country. The Electricity Inspectorate under the Department of Industry of provinces or centrally governed cities has the authority to impose administrative penalties for violations in the field of electricity occurring within their jurisdiction. The authority to impose administrative penalties in the field of electricity of the Electricity Inspectorate is specified as follows:

1. An Electricity Inspector performing official duties has the right to:

a) To issue warnings;

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

c) Confiscate contraband and means of violation used in administrative violations in the field of electricity valued up to VND 2,000,000;

d) Forced restoration to the original state altered due to administrative violations in the field of electricity;

2. The Chief of the Electricity Inspectorate under the Department of Industry has the right to:

a) To issue warnings;

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

c) Confiscation of contraband and means of violation used in administrative violations in the field of electricity;

d) Forced restoration to the original state altered due to administrative violations in the field of electricity;

đ) Forced demolition of unauthorized or improperly permitted constructions violating laws in the field of electricity activities;

3. The Chief of the Electricity Inspectorate under the Ministry of Industry has the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoke the right to use the Electricity Business License issued by the Ministry of Industry and the People's Committee of provinces or centrally governed cities;

d) Confiscation of contraband and means of violation used in administrative violations in the field of electricity;

đ) Forced restoration to the original state altered due to administrative violations in the field of electricity;

e) Forced demolition of unauthorized or improperly permitted constructions violating laws in the field of electricity activities;

Article 13. Authority to impose administrative penalties for other forces

In addition to those specified in Article 11 and Article 12 of this Decree, persons with the following authorities, upon discovering administrative violations in the field of electricity as prescribed in this Decree within their jurisdiction and area of management, have the right to impose penalties, specifically as follows:

1. People's Armed Police officers performing official duties have the authority to impose penalties for administrative violations in the field of electricity as specified in:

a) Point a Clause 1 Article 7;

b) Point c Clause 3 Article 8;

c) Clause 1, Clause 3, and Clause 5 Article 9;

d) Clause 1, Clause 2, Clause 3, Point b and Point c Clause 4, Point a, Point b, Point c, Point đ, and Point e Clause 5, Clause 6, Clause 7, Point đ and Point g Clause 8, Clause 9, and Clause 10 Article 10;

2. Construction Inspectors have the authority to impose penalties for administrative violations in the field of electricity as specified in:

a) Point a Clause 2 Article 7;

b) Clause 3, Point a and Point c Clause 8, and Clause 10 Article 10;

3. Environmental Inspectors have the authority to impose penalties for administrative violations in the field of electricity as specified in Point d Clause 8 Article 10;

Article 14. Delegation and Principles for Determining Authority to Impose Administrative Penalties in the Field of Electricity

1. Delegation to impose administrative penalties in the field of electricity applies according to Article 41 of the Administrative Violations Handling Ordinance;

2. Principles for determining authority to impose administrative penalties in the field of electricity apply according to Article 42 of the Administrative Violations Handling Ordinance;

Article 15. Procedures for Imposing Administrative Penalties in the Field of Electricity

1. Procedures and steps for imposing administrative penalties in the field of electricity shall be carried out in accordance with the Administrative Violations Handling Ordinance.

2. Documents related to administrative penalties in the electricity sector must be fully retained at the penalty enforcement agency. The administrative violation record shall be established according to the model prescribed in this Decree, except in cases handled under the simplified procedure stipulated in Article 54 of the Administrative Violation Handling Ordinance.

3. Individuals and organizations subject to fines must pay the fine within the time limit and at the location specified in the penalty decision, except in cases where the fine was paid on the spot as provided for in Articles 54 and 58 of the Administrative Violation Handling Ordinance and received a receipt for the fine payment. The collection of fines must use receipts issued by the Ministry of Finance in accordance with current regulations.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry to guide the collection and use of fines for administrative violations in the electricity sector.

4. The procedure for revoking the right to use the Electricity Business License must be carried out in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance.

When applying the form of confiscating contraband items and means of violation, the authorized penalty enforcer must comply strictly with the provisions of Articles 60 and 61 of the Administrative Violation Handling Ordinance.

Article 16. Enforcement of penalty decisions and compulsory execution of administrative penalty decisions in the electricity sector.

1. Individuals and organizations subject to administrative penalties in the electricity sector pursuant to this Decree must strictly comply with the penalty decision within ten days from the date they receive the decision, except when the law provides otherwise. If individuals or organizations subject to penalties do not voluntarily comply with the penalty decision, they will be subject to compulsory enforcement in accordance with Article 66 of the Administrative Violation Handling Ordinance.

2. When applying measures for compulsory enforcement of administrative penalty decisions in the electricity sector, agencies and authorized officials must follow the procedures and formalities for compulsory enforcement as prescribed in Articles 66 and 67 of the Administrative Violation Handling Ordinance.

Chapter IV

SETTLEMENT OF COMPLAINTS AND REPORTS AND HANDLING OF VIOLATIONS

Article 17. Complaints, accusations, and resolution of complaints and accusations against administrative penalty decisions in the electricity sector.

1. Individuals and organizations subject to administrative penalties in the electricity sector or their legitimate representatives have the right to lodge complaints or initiate lawsuits regarding the penalties imposed on them in accordance with the law.

2. Every citizen has the right to report to competent state authorities about administrative violations in the electricity sector committed by individuals or organizations, and to report the misconduct of authorized officials in imposing administrative penalties in the electricity sector.

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

Article 18. Handling violations by authorized penalty enforcers and individuals subject to administrative penalties in the electricity sector.

1. Authorized officials in the electricity sector who engage in harassment, tolerance, cover-up of violations, failure to handle or handle inadequately, beyond their authority, misappropriation, or illegal use of funds, contraband items, or means of violation shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and if material damage is caused, they must compensate according to the law.

2. Individuals subject to administrative penalties in the electricity sector who resist public servants, delay, evade compliance with penalty decisions, or commit other violations shall be subject to administrative penalties as prescribed by the Government's regulations on administrative penalties in the field of security and public order, or criminal prosecution, depending on the nature and severity of the violation, and if material damage is caused, they must compensate according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations on administrative penalties in the electricity sector that conflict with this Decree are hereby abolished.

Article 20. Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.