Decree No. 81/2006/NĐ-CP On Administrative Sanctions for Violations in the Field of Environmental Protection

DECREE

On administrative penalties for violations in the field of environmental protection

_______________________

 

THE GOVERNMENT

 

WHEREAS pursuant to the Government Organization Law dated December 25, 2001;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002.

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

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation in the field of environmental protection; forms of penalty, levels of fines, authority to impose penalties, procedures for imposing penalties, and measures to mitigate consequences.

2. Administrative violations in the field of environmental protection are acts that violate state management regulations in the field of environmental protection, committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be subject to administrative violation handling according to the Administrative Violation Handling Ordinance and this Decree.

3. Administrative violations in the field of environmental protection as specified in this Decree include:

a) Violations of regulations on implementing environmental protection commitments, environmental impact assessment reports, and other environmental protection regulations;

b) Violations of regulations on preventing, combating, and mitigating environmental pollution, degradation, and incidents.

4. Acts of administrative violation concerning environmental protection as prescribed in related decrees shall be handled according to those decrees.

Article 2. Persons subject to penalty

1. Individuals and organizations within Vietnam and foreign individuals and organizations (hereinafter referred to as individuals and organizations) who commit administrative violations in the field of environmental protection on Vietnamese territory shall be penalized according to the provisions of this Decree or related decrees.

In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of the international treaty shall apply.

2. Individuals who are minors committing administrative violations in the field of environmental protection shall be penalized according to the provisions of Article 7 of the Administrative Violation Handling Ordinance.

3. In cases where civil servants commit acts violating environmental protection laws while performing official duties related to environmental protection, they shall not be penalized under this Decree but shall be dealt with according to the laws governing civil servants.

Article 3. Principles of Imposition of Sanctions

1. All acts of administrative violation in the field of environmental protection must be promptly detected, punished, and stopped immediately.

Penalties must be imposed swiftly, fairly, and thoroughly; all environmental consequences caused by such violations must be remedied in accordance with the law.

2. Individuals and organizations shall only be subject to administrative penalties in the field of environmental protection when they commit acts violating the provisions of this Decree and other government decrees on administrative penalties related to the environment.

3. An act of administrative violation in the field of environmental protection shall only be subject to administrative penalty once.

When multiple individuals or organizations jointly commit an act of administrative violation in the field of environmental protection, each individual or organization involved in the violation shall be penalized.

When an individual or organization commits multiple acts of administrative violation in the field of environmental protection, penalties shall be imposed for each separate violation.

4. Administrative penalties in the field of environmental protection must be based on the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances to determine appropriate forms and measures of punishment.

5. No administrative penalties in the field of environmental protection shall be imposed in emergency situations, unexpected events, or when an individual commits an administrative violation while suffering from mental illness or other diseases that impair their ability to recognize or control their behavior.

Article 4. Mitigating Circumstances and Aggravating Circumstances

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

Article 5. Statute of Limitations for Administrative Offense Penalties

1. The statute of limitations for administrative offense penalties in the field of environmental protection is two years, counted from the date the administrative offense was committed; if this period has passed, no penalty will be imposed, but measures to remedy consequences specified in points a, b, c, and d of Clause 3 of Article 7 of this Decree shall still be applied.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure, if there is a decision to terminate investigation or terminate the case, and their actions indicate administrative offenses related to environmental protection, they shall be subject to administrative offense penalties for environmental protection; the statute of limitations for administrative offense penalties is three months, counted from the date the competent authority receives the decision to terminate the investigation or the case file of the violation.

3. Within the time limit stipulated in Clause 1 and Clause 2 of this Article, if individuals or organizations commit new administrative offenses in the field of environmental protection or intentionally evade or obstruct the imposition of penalties, the statute of limitations stipulated in Clause 1 and Clause 2 of this Article shall not apply. The statute of limitations for administrative offense penalties in such cases shall be recalculated from the date of committing the new administrative offense or from the date when the intentional evasion or obstruction of the penalty imposition ceases.

Article 6. Time Considered as Not Having Been Subject to Administrative Offense Penalties

Individuals or organizations that have been subject to administrative offense penalties in the field of environmental protection, if more than one year has passed since the completion of the execution of the penalty decision or since the expiration of the effectiveness of the penalty decision without reoffending, shall be considered as not having been subject to administrative offense penalties in the field of environmental protection.

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

1. For each administrative offense in the field of environmental protection, the violator, whether an individual or organization, must bear one of the following main forms of administrative offense penalties:

a) Warning;

b) Fine.

The maximum fine amount for a single administrative offense in the field of environmental protection is 70,000,000 VND.

2. Depending on the nature and severity of the violation, the violator may be subject to one or several supplementary forms of administrative offense penalties as follows:

a) Suspension of the right to use the Environmental Standard Certificate and other types of permits related to environmental protection (hereinafter referred to collectively as Environmental Permits) for a limited or unlimited period.

b) Confiscation of items and means used to commit administrative offenses in the field of environmental protection.

3. In addition to the forms of administrative offense penalties prescribed in Clause 1 and Clause 2 of this Article, individuals or organizations violating administrative offenses in the field of environmental protection may also be subject to one or more of the following measures to remedy consequences:

a) Compelling the violator to implement environmental protection measures within a specified time frame according to laws on environmental protection.

b) Compelling the violator to implement measures to remediate environmental pollution caused by the administrative offense.

c) Compelling the removal of goods or items causing environmental pollution from Vietnam's territory or compelling the re-export of such goods or items.

d) Compelling the destruction of goods or items causing environmental pollution.

đ) Other measures to remedy consequences as provided in Chapter II of this Decree.

Chapter II

VIOLATIONS OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ENVIRONMENTAL PROTECTION, FORMS OF PENALTIES AND AMOUNTS OF PENALTIES

Article 8. Violations of provisions on environmental protection commitments

1. Warning or a fine from VND 100,000 to VND 500,000 for the act of not complying with any of the contents recorded in the Environmental Protection Commitment.

2. A fine from VND 1,000,000 to VND 3,000,000 for the act of not fully implementing the contents recorded in the Environmental Protection Commitment.

3. A fine from VND 3,000,000 to VND 5,000,000 for the act of not registering the environmental protection commitment with the competent state management agency for environmental protection when such registration is required.

4. Measures to remedy consequences:

a) Order to comply with the registered Environmental Protection Commitment in cases of violation stipulated in Clause 1 and Clause 2 of this Article;

b) Order to register and implement the environmental protection commitment within fifteen working days from the date of receipt of the administrative penalty decision in cases of violation stipulated in Clause 3 of this Article.

Article 9. Violations of provisions on environmental impact assessment and strategic environmental assessment

1. A fine from VND 8,000,000 to VND 10,000,000 for the act of not complying with any of the contents in the approved environmental impact assessment report and other requirements in the decision approving the environmental impact assessment report.

2. A fine from VND 11,000,000 to VND 15,000,000 for the act of not fully implementing the contents in the approved environmental impact assessment report and other requirements in the decision approving the environmental impact assessment report.

3. A fine from VND 20,000,000 to VND 30,000,000 for the act of not preparing an environmental impact assessment report but proceeding with construction or putting the project into operation when such preparation is required.

4. A fine from VND 30,000,000 to VND 40,000,000 for the act of not preparing a strategic environmental assessment report when such preparation is required.

5. Measures to remedy consequences:

a) Order to comply with the contents in the approved environmental impact assessment report and other requirements in the decision approving the environmental impact assessment report in cases of violation stipulated in Clause 1 and Clause 2 of this Article;

b) Order to prepare an environmental impact assessment report to submit to the competent state authority for approval within forty-five working days from the date of receipt of the administrative penalty decision in cases where the project has not yet officially commenced operations, as stipulated in Clause 3 of this Article;

c) Order to remediate the environment to meet permissible standards within one hundred eighty working days from the date of receipt of the administrative penalty decision in cases where the project has already officially commenced operations, as stipulated in Clause 3 of this Article;

d) Order to prepare a strategic environmental assessment report to submit to the competent state authority for approval in cases of violation stipulated in Clause 4 of this Article;

đ) Order to take measures to address environmental pollution in cases of violations stipulated in Clauses 1, 2, and 3 of this Article that cause such pollution.

Article 10. Violation of regulations on discharging wastewater

1. A warning or a fine of from VND 100,000 to VND 500,000 shall be imposed for discharging wastewater exceeding permitted standards less than twice in cases where the amount of wastewater discharged is less than 50 m³/day (24 hours).

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for discharging wastewater exceeding permitted standards less than twice in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

3. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for discharging wastewater exceeding permitted standards less than twice in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

4. A fine of from VND 9,000,000 to VND 11,000,000 shall be imposed for discharging wastewater exceeding permitted standards from two times to less than five times in cases where the amount of wastewater discharged is less than 50 m³/day.

5. A fine of from VND 12,000,000 to VND 14,000,000 shall be imposed for discharging wastewater exceeding permitted standards from two times to less than five times in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

6. A fine of from VND 15,000,000 to VND 17,000,000 shall be imposed for discharging wastewater exceeding permitted standards from two times to less than five times in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

7. A fine of from VND 18,000,000 to VND 20,000,000 shall be imposed for discharging wastewater exceeding permitted standards from five times to less than ten times in cases where the amount of wastewater discharged is less than 50 m³/day.

8. A fine of from VND 21,000,000 to VND 23,000,000 shall be imposed for discharging wastewater exceeding permitted standards from five times to less than ten times in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

9. A fine of from VND 24,000,000 to VND 26,000,000 shall be imposed for discharging wastewater exceeding permitted standards from five times to less than ten times in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

10. A fine of from VND 27,000,000 to VND 30,000,000 shall be imposed for discharging wastewater exceeding permitted standards ten times or more in cases where the amount of wastewater discharged is less than 50 m³/day.

11. A fine of from VND 31,000,000 to VND 33,000,000 shall be imposed for discharging wastewater exceeding permitted standards ten times or more in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

12. A fine of from VND 34,000,000 to VND 36,000,000 shall be imposed for discharging wastewater exceeding permitted standards ten times or more in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

13. A fine of from VND 15,000,000 to VND 18,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards less than twice in cases where the amount of wastewater discharged is less than 50 m³/day.

14. A fine of from VND 19,000,000 to VND 21,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards less than twice in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

15. A fine of from VND 22,000,000 to VND 24,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards less than twice in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

16. A fine of from VND 25,000,000 to VND 27,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from two times to less than three times in cases where the amount of wastewater discharged is less than 50 m³/day.

17. A fine of from VND 28,000,000 to VND 30,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from two times to less than three times in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

18. A fine of from VND 31,000,000 to VND 33,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from two times to less than three times in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

19. A fine of from VND 34,000,000 to VND 36,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from three times to less than five times in cases where the amount of wastewater discharged is less than 50 m³/day.

20. A fine of from VND 37,000,000 to VND 39,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from three times to less than five times in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

21. A fine of from VND 40,000,000 to VND 42,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards from three times to less than five times in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

22. A fine of from VND 43,000,000 to VND 45,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards five times or more in cases where the amount of wastewater discharged is less than 50 m³/day.

23. A fine of from VND 46,000,000 to VND 49,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards five times or more in cases where the amount of wastewater discharged is from 50 m³/day to less than 5,000 m³/day.

24. A fine of from VND 50,000,000 to VND 55,000,000 shall be imposed for discharging wastewater containing harmful substances exceeding permitted standards five times or more in cases where the amount of wastewater discharged is from 5,000 m³/day or more.

25. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed for discharging wastewater containing radioactive substances causing environmental radiation levels to exceed permissible limits.

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

a) Suspension of the Environmental Permit for ninety working days to one hundred eighty working days for violations stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article;

Suspension of the Environmental Permit indefinitely for violations stipulated in Clauses 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and Clause 25 of this Article;

b) Temporary suspension of operations until necessary environmental protection measures have been completed for violations stipulated in Clauses 7, 8, 9, 19, 20, and Clause 21 of this Article;

c) Prohibition of operations or relocation of facilities to locations distant from residential areas and suitable for the carrying capacity of the environment for violations stipulated in Clauses 10, 11, 12, 22, 23, 24, and Clause 25 of this Article;

d) Compulsion to implement measures to remediate environmental pollution caused by administrative violations stipulated in this Article.

Article 11. Violations of regulations on air emissions and dust

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for any of the following violations:

a) Emitting air pollutants or dust exceeding environmental standards up to twice;

b) Directly emitting foul-smelling or unpleasant odors into the environment without using pollution control equipment.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from two times to less than five times in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

3. A fine from VND 4,000,000 to VND 6,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from two times to less than five times in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

4. A fine from VND 7,000,000 to VND 10,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from two times to less than five times in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

5. A fine from VND 11,000,000 to VND 13,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from five times to less than ten times in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

6. A fine from VND 14,000,000 to VND 16,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from five times to less than ten times in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

7. A fine from VND 17,000,000 to VND 20,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from five times to less than ten times in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

8. A fine from VND 21,000,000 to VND 23,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from ten times or more in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

9. A fine from VND 24,000,000 to VND 26,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from ten times or more in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

10. A fine from VND 27,000,000 to VND 30,000,000 shall be imposed for violating point a of Clause 1 of this Article where the emission exceeds the standard from ten times or more in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

11. A fine from VND 15,000,000 to VND 17,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard up to twice in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

12. A fine from VND 18,000,000 to VND 20,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard up to twice in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

13. A fine from VND 21,000,000 to VND 24,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard up to twice in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

14. A fine from VND 25,000,000 to VND 27,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from two times to less than three times in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

15. A fine from VND 28,000,000 to VND 30,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from two times to less than three times in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

16. A fine from VND 31,000,000 to VND 34,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from two times to less than three times in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

17. A fine from VND 35,000,000 to VND 37,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from three times to less than five times in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

18. A fine from VND 38,000,000 to VND 40,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from three times to less than five times in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

19. A fine from VND 41,000,000 to VND 44,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from three times to less than five times in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

20. A fine from VND 45,000,000 to VND 47,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from five times or more in cases where the exhaust gas flow rate is less than 5,000 m³/hour.

21. A fine from VND 48,000,000 to VND 50,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from five times or more in cases where the exhaust gas flow rate is from 5,000 m³/hour to less than 20,000 m³/hour.

22. A fine from VND 51,000,000 to VND 54,000,000 shall be imposed for emitting harmful substances in air pollutants or dust exceeding the standard from five times or more in cases where the exhaust gas flow rate is from 20,000 m³/hour or more.

23. A fine from VND 55,000,000 to VND 70,000,000 shall be imposed for emitting radioactive substances in air pollutants or dust causing excessive radiation levels in the environment.

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

a) Suspension of the Environmental Permit for ninety working days to one hundred eighty working days for violations under Clauses 2, 3, 4, 11, 12, and Clause 13 of this Article;

Suspension of the Environmental Permit indefinitely for violations under Clauses 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, and Clause 23 of this Article;

b) Temporary suspension of operations until necessary environmental protection measures are completed for violations under Clauses 5, 6, 7, 17, 18, and Clause 19 of this Article;

c) Prohibition of operations or relocation of facilities to locations far from residential areas and suitable for the carrying capacity of the environment for violations under Clauses 8, 9, 10, 20, 21, 22, and Clause 23 of this Article;

d) Compulsion to implement measures to remediate environmental pollution caused by administrative violations stipulated in this Article.

Article 12. Violations of noise regulations

1. A fine of VND 200,000 to VND 1,000,000 shall be imposed for acts causing noise levels exceeding permissible environmental standards less than 1.5 times from 6:00 AM to 10:00 PM.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for acts causing noise levels exceeding permissible environmental standards 1.5 times or more from 6:00 AM to 10:00 PM.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for acts causing noise levels exceeding permissible environmental standards less than 1.5 times from 10:00 PM to 6:00 AM the following day.

4. A fine of VND 8,000,000 to VND 12,000,000 shall be imposed for acts causing noise levels exceeding permissible environmental standards 1.5 times or more from 10:00 PM to 6:00 AM the following day.

5. Measures to remedy consequences:

Compel the rectification of consequences caused by violations stipulated in this Article.

Article 13. Violations of vibration regulations

1. Violations of vibration regulations in construction activities:

a) A fine of VND 500,000 to VND 2,000,000 shall be imposed for acts causing vibrations exceeding permissible environmental standards from 7:00 AM to 7:00 PM in areas requiring particularly quiet environments, residential zones, hotels, guesthouses, administrative offices; from 6:00 AM to 10:00 PM in residential zones intermixed with commercial, service, and production areas.

b) A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for acts causing vibrations exceeding permissible environmental standards from 7:00 PM the previous day to 7:00 AM the following day in areas requiring particularly quiet environments, residential zones, hotels, guesthouses; from 10:00 PM the previous day to 6:00 AM the following day in residential zones intermixed with commercial, service, and production areas.

2. Violations of vibration regulations in industrial production activities:

a) A fine of VND 500,000 to VND 2,000,000 shall be imposed for acts causing vibrations exceeding permissible environmental standards from 6:00 AM to 6:00 PM in areas requiring particularly quiet environments, residential zones, hotels, guesthouses, administrative offices, residential zones intermixed with commercial, service, and production areas.

b) A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for acts causing vibrations exceeding permissible environmental standards from 6:00 PM the previous day to 6:00 AM the following day in areas requiring particularly quiet environments, residential zones, hotels, guesthouses, residential zones intermixed with commercial, service, and production areas.

3. Remedial measures:

Compel the rectification of consequences caused by violations stipulated in this Article.

Article 14. Violations of solid waste discharge regulations

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed for improper disposal of solid waste contrary to environmental protection regulations.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for violations stipulated in Clause 1 of this Article that cause environmental pollution.

3. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for violations stipulated in Clause 2 of this Article where solid waste contains hazardous substances exceeding permissible standards.

4. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for violations stipulated in Clause 1 of this Article where solid waste containing radioactive materials causes excessive environmental radiation affecting humans and wildlife.

5. Additional forms of punishment and remedial measures:

a) Revocation of Environmental Permit for ninety to one hundred eighty working days for violations stipulated in Clause 2 of this Article;

Revocation of Environmental Permit indefinitely for violations stipulated in Clauses 3 and 4 of this Article;

b) Compel the implementation of measures to mitigate environmental pollution caused by administrative violations stipulated in this Article.

Article 15. Violations of regulations on management, transportation, and disposal of waste

1. A fine of VND 500,000 to VND 2,000,000 for the act of managing, transporting, and disposing of waste and pollutants that cause environmental pollution not in accordance with environmental protection regulations.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for violations stipulated in Clause 1 of this Article that cause environmental pollution.

3. A fine of VND 5,000,000 to VND 10,000,000 for the act of managing, transporting, and disposing of hazardous waste or radioactive substances not in accordance with environmental protection regulations.

4. A fine of VND 10,000,000 to VND 15,000,000 for failing to establish records and register newly generated hazardous waste when required to do so by provincial environmental protection authorities.

5. A fine of VND 20,000,000 to VND 30,000,000 for the act of managing, transporting, and disposing of hazardous waste causing environmental pollution.

6. A fine of VND 60,000,000 to VND 70,000,000 for the act of managing, transporting, and disposing of radioactive waste causing radiation levels exceeding permissible limits.

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

a) Revocation of Environmental Permit for ninety to one hundred eighty working days for violations stipulated in Clause 2 of this Article;

Revocation of the Environmental Permit indefinitely for violations under
Clauses 3, 4, and Clause 5 of this Article;

b) Compelling the implementation of measures to remediate environmental pollution caused by administrative violations stipulated in Clauses 2, 3, 4, and Clause 5 of this Article.

Article 16. Violations of regulations on importing machinery, equipment, transport vehicles, raw materials, fuels, materials, and scrap

1. A fine of VND 15,000,000 to VND 20,000,000 for importing machinery, equipment, transport vehicles, raw materials, fuels, materials, and scrap not in compliance with environmental protection laws.

2. A fine of VND 25,000,000 to VND 40,000,000 for any of the following violations:

a) Violating Clause 1 of this Article causing environmental pollution;

b) Importing used machinery, equipment, or transport vehicles intended for dismantling not in compliance with environmental protection laws.

3. A fine of VND 30,000,000 to VND 35,000,000 for transporting goods, equipment, or vehicles through Vietnam without permission and without environmental inspection by state management agencies responsible for environmental protection.

4. A fine of VND 60,000,000 to VND 70,000,000 for one of the following violations:

a) Importing machinery, equipment, or vehicles contaminated with radioactive substances, pathogenic microorganisms, or other toxic substances that have not been decontaminated or lack the ability to be cleaned;

b) Importing or transiting waste in any form;

c) Importing ozone-depleting compounds as provided in international treaties to which the Socialist Republic of Vietnam is a party.

5. Measures to remedy consequences:

a) Compelling re-exportation or destruction of machinery, equipment, transport vehicles, raw materials, fuels, materials, or scrap that do not meet environmental standards;

b) Compel the implementation of measures to mitigate environmental pollution caused by administrative violations stipulated in this Article.

Article 17. Violations of biological safety regulations

1. A fine of VND 5,000,000 to VND 10,000,000 for researching, testing, producing, trading, using, importing, exporting, storing, and transporting genetically modified organisms and their products not meeting all biological safety conditions and procedures prescribed by law.

2. A fine of from fifteen million to thirty million dong shall be imposed for one of the following violations:

a) Failure to comply with regulations on biological safety management for people and living organisms;

b) Importing or transiting living organisms outside the permitted list.

3. A fine of VND 60,000,000 to VND 70,000,000 for violations stipulated in Clause 1 and Clause 2 of this Article causing environmental pollution.

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

a) Revocation of the Environmental Permit for sixty to one hundred eighty working days for violations stipulated in Clause 1 of this Article;

Revocation of the Environmental Permit indefinitely for violations under
Clauses 2 and Clause 3 of this Article;

b) Compelling destruction or re-exportation;

c) Compelling remediation of consequences caused by violations stipulated in Clause 3 of this Article.

Article 18. Violations of provisions on natural conservation

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for acts that negatively impact the environment in nature reserves, natural heritage sites, tourist areas, and tourist spots.

2. A fine from VND 15,000,000 to VND 25,000,000 shall be imposed for acts of exploiting nature reserves in violation of environmental protection regulations, leading to environmental degradation.

3. A fine from VND 50,000,000 to VND 60,000,000 shall be imposed for acts of exploiting national parks and natural heritage sites in violation of environmental protection regulations, leading to environmental degradation.

4. Measures to remedy consequences:

The violator shall be ordered to remedy the consequences caused by violations stipulated in Clause 2 and
Clause 3 of this Article.

Article 19. Violations of provisions on preventing and responding to environmental incidents during oil exploration, extraction, transportation, and other oil leaks and spills

1. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for any of the following violations:

a) Failure to equip oil leak prevention, fire and explosion prevention, and oil spill prevention equipment as prescribed by competent state authorities;

b) Failure to have oil leak prevention, fire and explosion prevention, and oil spill prevention plans as prescribed by competent state authorities.

2. A fine from VND 25,000,000 to VND 40,000,000 shall be imposed for acts causing oil leaks, fires, and spills.

3. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for acts violating Clause 2 of this Article that cause environmental pollution.

4. Measures to remedy consequences:

The violator shall be ordered to remedy the consequences caused by violations stipulated in Clauses 2 and 3 of this Article.

Article 20. Violations of provisions on the production, transportation, business, importation, storage, and use of flammable and explosive substances

1. A fine from VND 500,000 to VND 2,000,000 shall be imposed for the act of using fireworks.

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the acts of producing, transporting, trading, storing, or using flammable and explosive substances in violation of environmental protection laws.

3. A fine from VND 6,000,000 to VND 15,000,000 shall be imposed for acts of producing, transporting, storing, or using flammable and explosive substances that cause environmental pollution.

4. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of using explosives taken from bombs, mines, grenades, and other weapons to produce fireworks.

5. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed for acts of producing, trading, or transporting fireworks.

6. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for acts violating Clause 1, Clause 2, or Clause 3 of this Article that cause environmental incidents.

7. Additional forms of administrative punishment and remedial measures:

a) Confiscation of items and means used to commit administrative violations in the field of the environment;

b) Ordering the violator to remedy the consequences caused by violations stipulated in Clauses 2, 3, 4, and Clause 5 of this Article.

Article 21. Violations of provisions on soil pollution

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for acts of burying or discharging pollutants into the soil in violation of environmental protection laws.

2. A fine from VND 5,000,000 to VND 15,000,000 shall be imposed for acts violating Clause 1 of this Article that cause soil pollution.

3. A fine from VND 25,000,000 to VND 35,000,000 shall be imposed for acts violating Clause 2 of this Article where the pollutant contains hazardous waste exceeding permissible standards.

4. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for acts violating Clause 2 of this Article where the pollutant contains radioactive material causing environmental radiation exceeding permissible levels.

5. Measures to remedy consequences:

The violator shall be ordered to remedy the consequences caused by violations stipulated in Clauses 2, 3, and Clause 4 of this Article.

Article 22. Violations concerning water environmental pollution

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for discharging or emitting pollutants into the water environment exceeding permissible standards.

2. A fine from VND 5,000,000 to VND 15,000,000 shall be imposed for violations stipulated in Clause 1 of this Article causing water pollution.

3. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for violations stipulated in Clause 2 of this Article where the pollutants contain hazardous waste exceeding environmental standards.

4. A fine of VND 60,000,000 to VND 70,000,000 for one of the following violations:

a) Violating the provisions of Clause 2 of this Article where the pollutants contain radioactive substances causing environmental radiation exceeding permissible levels;

b) Introducing chemicals, toxic substances, waste, microorganisms not yet tested, and other harmful factors to humans and wildlife into underground water sources;

c) Dumping waste in the territorial waters of the Socialist Republic of Vietnam.

5. Measures to remedy consequences:

The violator shall be ordered to remedy the consequences caused by violations stipulated in Clauses 2, 3, and Clause 4 of this Article.

Article 23. Violations concerning air pollution

1. A fine from VND 5,000,000 to VND 15,000,000 shall be imposed for causing air pollution.

2. A fine from VND 20,000,000 to VND 35,000,000 shall be imposed for violations stipulated in Clause 1 of this Article where the pollutants contain hazardous waste resulting in adverse effects on humans and nature.

3. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for violations stipulated in Clause 1 of this Article where the pollutants contain radioactive substances causing environmental radiation exceeding permissible levels.

4. Measures to remedy consequences:

Compel the rectification of consequences caused by violations stipulated in this Article.

Article 24. Violations concerning safe distances from residential areas and natural conservation zones

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for facilities failing to comply with regulations on safe distances from residential areas and natural conservation zones.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for production facilities and warehouses located within residential areas:

a) Containing flammable and explosive materials;

b) Containing radioactive substances or strong radiation;

c) Containing substances harmful to human health and livestock;

d) Emitting odors detrimental to human health;

đ) Causing noise, dust, and exhaust emissions exceeding permissible standards;

e) Newly constructed infectious disease treatment hospitals and healthcare facilities.

3. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for violations stipulated in Clause 1, point d and point e of Clause 2 of this Article where environmental pollution occurs.

4. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for violations stipulated in points a, b, and c of Clause 2 of this Article where environmental pollution occurs.

5. Additional penalties and measures to remedy consequences:

a) Revocation of the Environmental Permit for sixty working days to one hundred eighty working days for violations stipulated in Clause 1 and Clause 2 of this Article;

Revocation of the Environmental Permit indefinitely for violations under
Clauses 3 and Clause 4 of this Article.

b) Compelling compliance with regulations on safe distances from residential areas and natural conservation zones or relocation outside residential areas and natural conservation zones;

c) Compelling remediation of consequences caused by violations stipulated in Clause 3 and Clause 4 of this Article.

Article 25. Violations of provisions on emergency response and remediation of environmental incidents

1. A fine of VND 200,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Failing to promptly report to the state management agency for environmental protection or the nearest competent state agency upon discovering an environmental incident;

b) Failing to take measures within their responsibility to promptly address the environmental incident;

c) Refusing to comply with or complying incorrectly with orders to mobilize personnel, materials, and equipment urgently to address the environmental incident.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for acts causing environmental incidents.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for violations stipulated in Clause 2 of this Article that fail to address the environmental incident.

4. Measures to remedy consequences:

Compel the rectification of consequences caused by violations stipulated in this Article.

Article 26. Violations of mandatory provisions on the recovery of used products and packaging

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for failing to recover used products and packaging when such recovery is mandatory.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for violations stipulated in Clause 1 of this Article that cause environmental pollution.

3. Measures to remedy consequences:

Compel the rectification of consequences caused by violations stipulated in this Article.

Article 27. Violations of provisions on the collection, management, exploitation, and use of environmental data and information

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed for acts obstructing the monitoring, collection, exchange, exploitation, and use of environmental data and information approved by the competent state agency.

2. Imposing a fine from 500,000 dong to 1,000,000 dong for one of the following violations:

a) Failing to comply with regulations on the processing of environmental data and information;

b) Providing environmental data and information beyond functions or authority;

c) Failing to disclose environmental data and information.

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for unauthorized access to systems storing environmental data and information.

4. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for failing to submit complete survey, investigation, monitoring data, and related documents to the agency responsible for storing environmental data and information as prescribed by the competent state agency.

5. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for falsifying or erasing environmental data and information.

6. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed for providing inaccurate calculation results or investigation and survey conclusions to the agency responsible for storing environmental data and information.

7. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for distorting information leading to adverse effects on the environment.

8. Measures to remedy consequences:

Remediation of consequences caused by violations stipulated in Clauses 4, 5, 6, and 7 of this Article shall be ordered.

Article 28. Violations of provisions on consulting and service evaluation of environmental impact assessments

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for conducting environmental impact assessment consulting activities not in accordance with the content of the practice permit.

2. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following violations:

a) Conducting environmental impact assessment consulting without permission from the competent state agency;

b) Conducting environmental impact assessment evaluation not in accordance with the content of the practice permit.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for conducting environmental impact assessment service evaluation without permission from the competent state agency.

Article 29. Violations of regulations on environmental status assessment

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed for the act of reporting inaccurately about the environmental status to state management agencies for environmental protection.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not implementing the environmental status reporting system as prescribed by laws on environmental protection.

3. Remedial measures:

Obligation to report as required by state management agencies for environmental protection.

Article 30. Violations of regulations on deposit for environmental rehabilitation and restoration

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not depositing funds for environmental rehabilitation and restoration in natural resource exploitation activities.

2. Remedial measures:

Obligation to deposit funds for environmental rehabilitation and restoration as prescribed by law.

Article 31. Violations concerning the purchase of environmental damage liability insurance

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals with activities that pose a significant risk of causing major environmental damage who do not purchase environmental damage liability insurance.

2. Measures to remedy consequences:

Obligation to purchase environmental damage liability insurance.

Article 32. Acts obstructing state management activities for environmental protection

1. Warning or a fine of VND 100,000 to VND 500,000 shall be imposed for acts obstructing environmental investigation, research, monitoring, and assessment activities.

2. A fine of VND 1,000,000 to VND 4,000,000 shall be imposed for acts obstructing environmental protection inspection and supervision activities conducted by authorized persons or competent state agencies.

3. Remedial measures:

Obligation to comply with requirements of state management agencies for environmental protection.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Article 33. Authority to impose administrative sanctions of Chairpersons of People's Committees at all levels

1. The Chairperson of People's Committees of communes, wards, and towns has the authority:

a) To issue warnings;

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

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

d) To compel the implementation of remedial measures to address environmental pollution and degradation caused by violations;

đ) To compel the destruction of goods and items causing environmental pollution.

2. The Chairperson of People's Committees of districts, towns, and cities under provinces has the authority:

a) To issue warnings;

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

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

d) To compel the implementation of remedial measures to address environmental pollution caused by violations;

đ) To compel the destruction of goods and items causing environmental pollution.

3. The Chairperson of People's Committees of provinces and centrally-administered cities has the authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To revoke the Environmental Permit issued by the Department of Natural Resources and Environment;

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

đ) To compel the destruction of goods and items causing environmental pollution;

e) To compel the removal from Vietnam or re-exportation of goods and items causing environmental pollution that have been brought into the country;

g) To compel the implementation of remedial measures to address environmental pollution and degradation caused by violations.

Article 34. Competence to impose administrative penalties for violations related to environmental protection by specialized inspectors

1. Specialized inspectors of natural resources and environment of the Department of Natural Resources and Environment, and the Ministry of Natural Resources and Environment while performing their duties have the authority:

a) To issue warnings;

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

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

d) Compelling the destruction of goods or items causing environmental pollution.

d) To compel the implementation of measures to remedy environmental pollution and degradation caused by such violations.

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

a) To issue warnings;

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

c) To revoke the right to use an Environmental Permit within their jurisdiction;

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

đ) To compel the destruction of goods and items causing environmental pollution;

e) To compel the implementation of measures to remedy environmental pollution and degradation caused by such violations.

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

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To revoke the right to use an Environmental Permit within their jurisdiction;

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

đ) To compel the destruction of goods and items causing environmental pollution;

e) To compel the removal from Vietnam or re-exportation of goods and items causing environmental pollution that have been brought into the country;

g) To compel the implementation of remedial measures to address environmental pollution and degradation caused by violations.

Article 35. Competence to impose administrative penalties for violations related to environmental protection by state management agencies and specialized state inspection organizations

In addition to those authorized to impose penalties as stipulated in Article 33 and Article 34 of this Decree, those authorized to impose penalties according to the Administrative Violation Handling Ordinance, if they discover administrative violations specified in this Decree within their area of management, shall have the authority to impose penalties but must comply with the provisions of the law on handling administrative violations.

Article 36. Procedures for imposing administrative penalties

1. When discovering an administrative violation in the field of environmental protection, the authorized person to impose penalties must immediately issue an order to stop the violation, and at the same time, prepare a record of the violation, except in cases where penalties are imposed through simplified procedures; the record must be prepared in accordance with the prescribed form under the law and the penalty must be imposed according to the authority; in case the violation does not fall within the authority of the person preparing the record, the record must be sent to the person authorized to impose penalties.

2. The procedure and process for imposing penalties shall be carried out as follows:

a) For administrative violations where the form of penalty is a warning or a fine up to VND 100,000, the authorized person to impose penalties shall issue a decision to impose penalties on the spot.

The decision to impose penalties must clearly state the date, month, year of issuance; the name, address of the violator or the name, address of the violating organization; the act of violation; the location where the violation occurred; the name, position of the person issuing the decision; the article and clause of the legal document applied. This decision must be handed over to the individual or organization being penalized with a copy.

In case of a fine, the amount of the fine must be clearly stated in the decision; the violator or representative of the violating organization may pay the fine on the spot to the authorized person to impose penalties; in case of payment on the spot, a receipt for the fine must be issued.

b) For administrative violations where the form of penalty is a fine above VND 100,000, the authorized person to impose penalties must prepare a record of the administrative violation. In the record of the administrative violation, it must clearly state the date, month, year, location of preparation of the record; the name, position of the person preparing the record; the name, address, occupation of the violator or the name, address of the violating organization; the act of violation, measures to prevent the administrative violation and ensure the imposition of penalties (if any); the condition of goods and items temporarily seized (if any); the statement of the violator or representative of the violating organization; if there are witnesses, victims or representatives of organizations suffering losses, their names and addresses must be clearly stated.

3. Organizations and individuals fined must pay the fine at the State Treasury as stated in the decision to impose penalties and receive a receipt for the fine.

In cases where the imposition of administrative penalties occurs in remote areas, difficult-to-reach regions, on rivers, at sea, or outside regular working hours, the individual or organization being penalized may pay the fine to the authorized person to impose penalties. The authorized person to impose penalties is responsible for collecting the fine on the spot and depositing it into the State Treasury in accordance with Clause 3 of Article 58 of the Administrative Violation Handling Ordinance. The person being penalized has the right not to pay the fine if there is no receipt for the fine collected.

4. In cases where goods and items causing environmental pollution are confiscated, the authorized person to impose penalties must prepare a record, in which the name, quantity, condition, and quality of the confiscated goods and items must be clearly stated, and signatures of the person conducting the confiscation, the person being penalized or representative of the penalized organization, and the witness must be included. If it is necessary to seal goods and items causing environmental pollution, it must be done in front of the person being penalized or representative of the penalized organization and the witness.

5. Individuals and organizations being penalized must comply with the decision to impose penalties within ten days from the date of receiving the decision to impose penalties. If the individual or organization being penalized does not voluntarily comply with the decision to impose penalties beyond the above period, they will be subject to compulsory enforcement in accordance with Article 66 of the Administrative Violation Handling Ordinance and Decision No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on the procedures for applying coercive measures to enforce decisions to impose administrative penalties.

6. Individuals being penalized with VND 500,000 or more may be allowed to postpone compliance with the penalty in cases of special financial difficulties. The procedures and deadlines for postponing compliance with the decision to impose a fine are regulated in Article 65 of the Administrative Violation Handling Ordinance.

Article 37. Revocation of the Right to Use Licenses

1. Individuals and organizations that have been granted environmental licenses by state management agencies for environmental protection may have their right to use such licenses revoked if they commit administrative violations directly related to the provisions governing the use of those licenses.

When deciding to revoke the right to use a license, the authorized person must prepare a record, clearly stating the reasons for revoking the right to use the license according to the contents prescribed in Article 59 of the Ordinance on Handling Administrative Violations, while simultaneously requiring the cessation of the violation.

The revocation of the right to use a license can only be carried out with a written decision from the authorized person specified in Clause 3, Article 33; Clause 2, Clause 3, Article 34 of this Decree. The decision must be sent to the individual or organization being processed, and at the same time, notified to the agency that issued the license.

The authorized person specified in Clause 1, Clause 2, and Clause 3 of Article 33 of this Decree has the authority to request the environmental licensing agency to revoke the license.

2. The revocation of the right to use a license for a limited period applies to first-time violations that can be remedied. Upon expiration of the term specified in the penalty decision, the authorized person imposing the penalty must return the license to the organization or individual using the license.

3. The revocation of the right to use a license without a set period applies to the following cases:

a) Licenses issued beyond authority;

b) A license containing content contrary to environmental protection regulations;

c) Serious violations of environmental protection regulations deemed incapable of continuing operations.

Article 38. Provisions when Applying Remedial Measures

1. The authorized person imposing penalties specified in Articles 33, 34, and 35 of this Decree, when deciding to apply remedial measures, must base their decision on legal provisions, the actual damage caused by the administrative violation, and bear legal responsibility for their decision.

2. Individuals and organizations subject to remedial measures must execute the penalties within ten days of receiving the penalty decision, except where otherwise provided by law. Failure to comply will result in compulsory enforcement within the prescribed timeframe. Costs for organizing compulsory enforcement shall be borne by the individual or organization subject to enforcement.

3. In cases where objects or means of administrative violations concerning environmental protection must be confiscated or destroyed, when executing these actions, a record must be prepared with signatures from the decision-maker, the penalized party, witnesses, and the handling of the violated objects must follow the provisions of Article 60, Article 61 of the Ordinance on Handling Administrative Violations.

Chapter IV

COMPLAINTS, REPORTS, AND VIOLATION HANDLING

Article 39. Complaints and Reports

1. Individuals and organizations penalized for administrative violations in the field of environmental protection, or their legitimate representatives, have the right to appeal against the penalty decisions of the authorized person.

Citizens have the right to report to competent state agencies any acts violating laws on administrative penalties in the field of environmental protection.

2. Procedures for complaints and reports, and the resolution of complaints and reports, are governed by Article 118 of the Ordinance on Handling Administrative Violations.

3. Legal proceedings against decisions on administrative violations, decisions on applying preventive measures, and ensuring the implementation of administrative violation penalties in the field of environmental protection shall be conducted in accordance with the legal procedures for resolving administrative cases.

Article 40. Handling of persons authorized to impose administrative penalties in the field of environmental protection

Persons authorized to impose administrative penalties in the field of environmental protection who harass, tolerate, shield violators, fail to impose penalties, impose penalties that are not appropriate in amount, timely, exceed their authority, shall be subject to disciplinary action or criminal responsibility pursued depending on the nature and severity of the violation; if causing damage to the State, citizens, organizations, they must compensate according to the provisions of the law.

Article 41. Handling violations of persons subject to administrative penalties

Persons subject to administrative penalties in the field of environmental protection who commit acts of resisting law enforcement officers, delaying, evading compliance, or committing other violations shall be subject to administrative penalties or criminal responsibility pursued depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 42. Handling existing situations

Production, business, service establishments operating before the Law on Environmental Protection 2005 came into effect which have established an Environmental Standard Registration Form confirmed by the competent state agency and violate the provisions of the Law on Environmental Protection and this Decree shall be penalized as if they were production, service establishments required to register an Environmental Protection Commitment Form.

Article 43. Effective Date

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

Repeal Decree No. 121/2004/NĐ-CP dated May 12, 2004 of the Government on administrative penalties for violations in the field of environmental protection.

Article 44. Responsibility for guidance and implementation

The Minister of Natural Resources and Environment within the scope of his functions, duties, and powers shall be responsible for guiding and organizing the implementation of this Decree.

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./.