Decree No. 77/2007/ND-CP Amending and supplementing some articles of Decree No. 150/2004/ND-CP dated July 29, 2004 of the Government on administrative penalties for violations in the mineral sector.

DECREE

Amending and supplementing some articles of Decree No. 150/2004/NĐ-CP

dated July 29, 2004 of the Government on administrative penalties for violations in the field of minerals.

On the basis of the Minerals Law promulgated on March 20, 1996 and the Law Amending and Supplementing Some Articles of the Minerals Law promulgated on June 14, 2005;

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

On the basis of the Administrative Violation Handling Decree promulgated on July 2, 2002;

Considering the proposal of the Minister of Natural Resources and Environment.

Amending and supplementing some articles of Decree No. 150/2004/NĐ-CP dated July 29, 2004 of the Government on administrative penalties for violations in the field of minerals as follows:

DECREE

Article 1. "1. Warning or a fine from VND 100,000 to VND 500,000 shall be imposed for the act of not registering the basic geological investigation plan concerning mineral resources with the competent state management agency as prescribed."

1. Amend Clause 1 of Article 8 as follows:

2. Amend Clause 1 of Article 10 as follows:

"1. Warning or a fine from VND 100,000 to VND 500,000 shall be imposed for the act of not notifying the exploration plan with the competent state management agency as prescribed."

Article 11. Violations of regulations on mining minerals

3. Amending and supplementing Article 11 as follows:

1. Warning or a fine from VND 100,000 to VND 500,000 shall be imposed for one of the following acts of violation:

a) Not notifying the mining plan, not registering the start date of construction at the mine, the start date of production operation with the competent state authority as prescribed;

b) Not registering the area, capacity, volume, method, equipment and mining plan as prescribed for the activity of mining ordinary construction materials within the land area of a project approved or permitted for investment by a competent state authority where the products mined are only used for constructing that project;

c) Not submitting the mine design to the competent state management agency as prescribed.

a) Not implementing the periodic reporting system or reporting incorrect data on mining activities to the competent state authorities as prescribed;

2. A fine of from VND 1,000,000 to VND 5,000,000 for one of the following acts:

b) Not preparing the current status map of the mine as prescribed.

3. A fine from VND 2,000,000 to VND 10,000,000 shall be imposed for one of the following acts of violation:

a) Not paying the fee for using state-owned data and information on mineral exploration results funded by the state when notified in writing by a competent state authority;

b) Not implementing or implementing incorrectly the provisions of law regarding closing the mine, restoring the environment and land after mining.

4. Acts of not having a mine design or mining outside the approved design; not having a mine director; mining minerals beyond the area or exceeding the capacity specified in the mining permit shall be punished as follows:

a) A fine from VND 5,000,000 to VND 8,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of mining raw materials for cement, ordinary construction materials without the use of industrial explosives; mining mud coal, decorative stone and mineral water;

b) A fine from VND 8,000,000 to VND 12,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of mining raw materials for cement, ordinary construction materials with the use of industrial explosives;

c) A fine from VND 12,000,000 to VND 14,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of open-pit mining various types of minerals, except for cases already provided for in Points a, b, đ and Point e of this Clause;

đ) A fine from VND 14,000,000 to VND 16,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of underground mining various types of minerals, except for cases already provided for in Points a, b, đ and Point e of this Clause;

d) A fine from VND 15,000,000 to VND 18,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of mining rare minerals;

e) A fine from VND 18,000,000 to VND 20,000,000 shall be imposed for one of the acts of violation prescribed in Clause 4 of this Article in the activity of mining special and toxic minerals.

5. Acts of mining without a permit or a permit that has expired, except in cases where an extension application has been submitted and is being reviewed by the competent authority according to regulations; mining minerals according to a transferred permit not in accordance with the provisions of law shall be punished as follows:

a) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of mining raw materials for cement, ordinary construction materials without the use of industrial explosives; mining mud coal, decorative stone and mineral water;

b) A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of mining raw materials for cement, ordinary construction materials with the use of industrial explosives;

c) A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of open-pit mining various types of minerals, except for the minerals already provided for in Points a, b, đ and Point e of this Clause;

d) A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of underground mining various types of minerals, except for the minerals already provided for in Points a, b, đ and Point e of this Clause;

đ) A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of mining rare minerals;

e) A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the acts of violation prescribed in Clause 5 of this Article in the activity of mining special and toxic minerals.

6. Additional forms of punishment and measures to remedy consequences:

6. Forms of additional penalties and measures to remedy consequences:

a) Revoke the right to use the license for a period of three to six months or indefinitely for any of the violations specified in Clause 2, Clause 3, Clause 4, and the case of exploiting minerals according to the transferred permit not in accordance with the provisions of the law as stipulated in Clause 5 of this Article;

b) Confiscate the objects and means used to commit the violation for any of the violations specified in Clause 4 and Clause 5 of this Article;

c) Compel the application of corresponding measures prescribed in Clause 3 of Article 6 of this Decree to remedy the consequences caused by the violations.

4. Amendment and supplementation of Article 13 as follows:

Article 13. Other Violations in Mineral Management

1. Warning or a fine from VND 100,000 to VND 500,000 for the act of obstructing the lawful conduct of basic geological surveys on mineral resources, exploration, and surveying of minerals.

2. A fine from VND 5,000,000 to VND 10,000,000 for the act of not signing a land lease contract in mineral activities.

3. Acts of purchasing, selling, transporting, consuming, and storing minerals without legitimate sources shall be punished as follows:

a) A fine from VND 500,000 to VND 2,000,000 for any of the violations specified in Clause 3 of this Article concerning ordinary construction materials;

b) A fine from VND 2,000,000 to VND 5,000,000 for the violation specified in Clause 3 of this Article concerning other types of minerals, except for the cases specified in point a, point c, and point d of this clause;

c) A fine from VND 5,000,000 to VND 10,000,000 for any of the violations specified in Clause 3 of this Article concerning precious and rare minerals;

d) A fine from VND 20,000,000 to VND 50,000,000 for any of the violations specified in Clause 3 of this Article concerning special and harmful minerals.

4. A fine from VND 10,000,000 to VND 20,000,000 for any of the following violations:

a) Concealing, destroying, damaging the quality, or illegally buying, selling, or transporting geological specimens and special precious and rare minerals as prescribed by the law on minerals;

b) Failing to report or reporting falsely to competent state agencies responsible for managing and protecting mineral resources upon discovering mineral deposits;

c) Disclosing information about mineral resources classified as state secrets but not reaching the level of criminal prosecution;

d) Obstructing mineral inspection and supervision activities carried out by law enforcement officers and competent state agencies;

đ) Obstructing lawful mineral extraction and processing activities as prescribed.

5. Additional forms of punishment:

a) Confiscation of objects and means for violations specified in Clause 3 of this Article and geological specimens and special precious and rare minerals illegally bought, sold, or transported.

b) Revocation of the right to use the license for a period of three months or indefinitely for the violation specified in Clause 2 of this Article.

Article 2. This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.