Decree No. 84/2017/ND-CP Amending and supplementing some articles of Decree No. 173/2013/ND-CP dated November 13, 2013 of the Government on administrative penalties for violations in the fields of meteorology, hydrology, surveying, and cartography.

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 173/2013/ND-CP OF NOVEMBER 13, 2013, ISSUED BY THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF METEOROLOGY, HYDROLOGY, SURVEYING, AND CARTOGRAPHY

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

At the proposal of the Minister of Natural Resources and Environment;

The Government issues this Decree to amend and supplement certain articles of Decree No. 173/2013/ND-CP dated November 13, 2013, issued by the Government on administrative sanctions in the field of meteorology, hydrology, surveying, and cartography.

Article 1. Amend and supplement certain articles of Decree No. 173/2013/ND-CP dated November 13, 2013, issued by the Government on administrative sanctions in the field of meteorology, hydrology, surveying, and cartography

1. Amending and supplementing Clause 2 of Article 1 as follows:

"2. Acts of administrative violations in the field of meteorology and hydrology include: violations of regulations on forecasting and warning of meteorological and hydrological conditions; violations of regulations on managing and operating meteorological and hydrological station networks; violations of regulations on providing, utilizing, and exchanging meteorological and hydrological information and data; violations of regulations on influencing weather and other acts of violation in the field of meteorology and hydrology as stipulated in this Decree."

2. Amend Point c Clause 1 Article 3 as follows:

"c) Suspension of the right to use the license for three (3) to twenty-four (24) months."

3. Amending and supplementing Clause 2 of Article 3 as follows:

"2. Additional forms of administrative sanction

a) Suspension of operations for three (3) to six (6) months;

b) Suspension of operations of forecast and warning of meteorological and hydrological conditions already licensed for three (3) to twelve (12) months;

c) Confiscation of objects and means used to commit the violation."

4. Amend and supplement Clause 3 Article 3 as follows:

"3. Measures to mitigate the consequences are specifically provided for in Clause 5, Clause 7, Clause 8, Clause 10, Clause 12, Clause 13, and Clause 15 of Article 1 of this Decree and Chapter III of Decree No. 173/2013/ND-CP dated November 13, 2013, issued by the Government on administrative sanctions in the field of meteorology, hydrology, surveying, and cartography, including:

a) Compel restoration to the original condition.

b) Compelling the removal of construction works or parts of construction works without a permit, demolition of parts of violations of construction works, high-rise buildings within the technical corridor of meteorological and hydrological works for violations;

c) Compelling the recovery of products obtained from committing the violation; recovery of permits that have been altered or erased;

d) Compelling the return of illegal profits obtained from committing the violation;

đ) Compelling the cancellation of results, products, data, bulletins, publications obtained from committing the violation;

e) Compelling the provision of missing information, updating meteorological and hydrological data to the nearest year for violations;

g) Compelling the organization to conduct meteorological and hydrological observations for violations;

h) Compelling the cutting down or relocation of trees or relocation of facilities, equipment for violations;

i) Compelling repair or reconstruction of meteorological and hydrological works, benchmarks, boundaries of technical corridors of meteorological and hydrological works for violations;

k) Compelling the recall of issued bulletins for violations;

l) Compelling to reapply for a permit for violations;

m) Compelling correction of false or inaccurate information transmitted, broadcast, or provided for violations."

5. Amend and supplement Article 5 as follows:

"Article 5. Violations of regulations on licenses for meteorological and hydrological forecasting and warning activities

1. Fine from VND 15,000,000 to VND 20,000,000 for one of the following violations:

a) Operating not in accordance with the content recorded in the license;

b) Altering or erasing the content of the license;

c) Conducting meteorological and hydrological forecasting and warning when the license has expired.

2. Fine from VND 20,000,000 to VND 25,000,000 for the act of transferring the license to individuals or organizations or using the license of individuals or organizations contrary to regulations.

3. Fine from VND 25,000,000 to VND 30,000,000 for the act of conducting meteorological and hydrological forecasting and warning without a license.

4. Suspension of the right to use the license for three (3) to six (6) months for the act of not organizing meteorological and hydrological forecasting and warning activities for a continuous period of twelve (12) months from the date of issuance of the license without notifying the issuing authority of the reasons.

5. Suspension of the right to use the license for six (6) to twelve (12) months for one of the following violations:

a) Fraudulent declaration of content requested for licensing;

b) Continuing operations after a decision to suspend meteorological and hydrological forecasting and warning activities has been made.

6. Suspension of the right to use the license for twelve (12) to twenty-four (24) months for the act of exploiting the license to commit violations of laws.

7. Additional forms of administrative sanction:

a) Suspension of operations of forecast and warning of meteorological and hydrological conditions already licensed for six (6) to twelve (12) months for violations stipulated in Point a Clause 1 of this Article;

b) Confiscation of objects and means used to commit violations stipulated in Points b and c Clause 1 and Clause 2 of this Article.

8. Measures to remedy consequences:

a) Compelling the recall of issued bulletins for violations stipulated in Point a Clause 1 of this Article;

b) Compelling to reapply for a license for violations stipulated in Point b Clause 1 of this Article;

c) Compelling the return of illegal profits obtained from violations stipulated in Clause 1, Clause 2, Clause 3, Clause 5, and Clause 6 of this Article;

d) Compelling the cancellation of bulletins, publications obtained from violations stipulated in Point c Clause 1 and Clause 3 of this Article."

6. Supplement Article 5a as follows:

"Article 5a. Violations of regulations on meteorological and hydrological forecasting and warning activities of organizations and individuals who have been granted licenses for meteorological and hydrological forecasting and warning activities

1. Fine from VND 3,000,000 to VND 5,000,000 for the act of issuing three consecutive unreliable forecasts and warnings of meteorological and hydrological conditions in one month.

2. Fine from VND 5,000,000 to VND 10,000,000 for the act of failing to report or reporting incompletely the results of meteorological and hydrological forecasting and warning activities.

3. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for one of the following violations:

a) Failure to comply with technical standards for forecasting and warning of meteorological and hydrological conditions;

b) Failure to comply with technical procedures, quality assessment procedures in forecasting and warning of meteorological and hydrological conditions.

4. Additional forms of administrative punishment:

a) Suspend the meteorological and hydrological forecasting and warning activities that have been licensed for three to six months for violations as stipulated in Clause 1 of this Article;

b) Suspend the meteorological and hydrological forecasting and warning activities that have been licensed for six to twelve months for violations as stipulated in Clause 2 of this Article.”

7. Amend and supplement Article 6 as follows:

“Article 6. Violations concerning the transmission and broadcasting of meteorological and hydrological forecasting and warning bulletins

1. A fine of from VND 3,000,000 to VND 5,000,000 for the act of transmitting or broadcasting forecasting and warning bulletins without clearly indicating the source of the bulletin.

2. A fine of from VND 5,000,000 to VND 10,000,000 for the act of transmitting or broadcasting forecasting and warning bulletins without a source.

3. A fine of from VND 10,000,000 to VND 20,000,000 for the act of transmitting or broadcasting incomplete contents of natural disaster forecasting and warning bulletins.

4. A fine of from VND 20,000,000 to VND 30,000,000 for the act of transmitting or broadcasting natural disaster forecasting and warning bulletins later than the prescribed time.

5. A fine of from VND 40,000,000 to VND 50,000,000 for one of the following violations:

a) Failure to transmit or broadcast natural disaster forecasting and warning bulletins;

b) Fraud regarding the source of natural disaster forecasting and warning bulletins when transmitting or broadcasting;

c) Transmitting or broadcasting erroneous natural disaster forecasting and warning bulletins.

6. Measures to remedy consequences:

Order to correct fraudulent or erroneous information that has been transmitted or broadcasted for violations as stipulated at points b and c of Clause 5 of this Article.

7. Media organizations violating Clauses 1, 2 and points b and c of Clause 5 of this Article shall be subject to administrative penalties according to the laws on press.”

||| 8. AMEND and SUPPLEMENT Article 7 as follows:

“Article 7. Violations concerning construction works required to conduct meteorological and hydrological observations

1. A fine of from VND 7,000,000 to VND 10,000,000 for the act of conducting observations not in accordance with the prescribed location.

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

a) Failure to ensure the minimum observation elements as prescribed;

b) Failure to ensure the minimum observation frequency as prescribed;

c) Conducting observations not in accordance with the prescribed time.

3. A fine of from VND 15,000,000 to VND 20,000,000 for one of the following violations:

a) Providing observation information and data later than the prescribed time;

b) Providing incomplete observation information and data.

4. A fine of from VND 20,000,000 to VND 25,000,000 for the act of failing to provide observation information and data.

5. A fine of from VND 25,000,000 to VND 30,000,000 for the act of failing to organize the implementation of meteorological and hydrological observations.

6. Measures to remedy consequences:

Order to provide missing information and data for violations as stipulated at point b of Clause 3 and Clause 4 of this Article.”

9. Supplement Article 7a as follows:

“Article 7a. Violations concerning the establishment, relocation, and dissolution of specialized meteorological and hydrological stations of organizations and individuals

1. A fine of from VND 3,000,000 to VND 5,000,000 for the act of failing to notify the Ministry of Natural Resources and Environment and provincial-level state management agencies on meteorology and hydrology after dissolving a specialized meteorological station.

2. A fine of from VND 5,000,000 to VND 7,000,000 for the act of failing to notify the Ministry of Natural Resources and Environment and provincial-level state management agencies on meteorology and hydrology after relocating a specialized meteorological station.

3. A fine of from VND 7,000,000 to VND 10,000,000 for the act of failing to notify the Ministry of Natural Resources and Environment and provincial-level state management agencies on meteorology and hydrology after establishing a specialized meteorological station.”

10. Amend and supplement Article 8 as follows:

“Article 8. Violations concerning the exploitation and protection of meteorological and hydrological works

1. A fine of from VND 500,000 to VND 1,000,000 for one of the following violations:

a) Lighting fires or spraying water affecting meteorological station works;

b) Planting stakes, bamboo, reeds, leaves, wood within the technical corridor of hydrological and marine station works.

2. A fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Planting perennial trees within the technical corridor shielding meteorological and hydrological works;

b) Obstructing the operation and exploitation of meteorological and hydrological works and measuring instruments.

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Taking or discharging water within the technical corridor of hydrological works without a permit;

b) Docking transportation vessels to meteorological and hydrological works.

4. A fine of from VND 5,000,000 to VND 7,000,000 for one of the following violations:

a) Occupying airspace, land surface, underground space, water surface, underwater areas of meteorological and hydrological works;

b) Building dams or blocking water flow within the technical corridor of hydrological station works;

c) Excavating riverbeds, riverbanks, extracting sand, gravel, placer minerals within the technical corridor of hydrological station works;

d) Dumping waste, construction materials, and other debris into riverbeds, riverbanks within the technical corridor of hydrological station works;

đ) Installing heat-generating facilities in the vicinity of meteorological station works.

5. A fine of from VND 7,000,000 to VND 10,000,000 for the act of moving boundary markers of the technical corridor of meteorological and hydrological works.

6. A fine of from VND 10,000,000 to VND 15,000,000 for the act of damaging meteorological and hydrological works, height markers, and boundary markers of the technical corridor of meteorological and hydrological works.

7. A fine of from VND 20,000,000 to VND 30,000,000 for the act of constructing buildings or high-rise structures obstructing meteorological and hydrological works within the technical corridor.

8. A fine for the act of damaging measuring instruments, communication equipment, and other technical equipment of meteorological and hydrological works as follows:

a) From VND 3,000,000 to VND 7,000,000 for the act of damaging measuring instruments, communication equipment, and other technical equipment valued under VND 10,000,000.

b) From VND 8,000,000 to VND 10,000,000 for the act of damaging measuring instruments, communication equipment, and technical devices with a value under VND 50,000,000;

c) From VND 10,000,000 to VND 15,000,000 for the act of damaging measuring instruments, communication equipment, and technical devices with a value from VND 50,000,000 to under VND 100,000,000;

d) From VND 20,000,000 to VND 30,000,000 for the act of damaging measuring instruments, communication equipment, and technical devices with a value from VND 100,000,000 to under VND 300,000,000;

đ) From VND 30,000,000 to VND 40,000,000 for the act of damaging measuring instruments, communication equipment, and technical devices with a value from VND 300,000,000 to VND 500,000,000;

e) From VND 40,000,000 to VND 50,000,000 for the act of damaging measuring instruments, communication equipment, and technical devices with a value over VND 500,000,000.

9. Additional forms of punishment:

Confiscation of objects and means used to commit violations as specified in Clause 1, Clause 4, and Clause 6 of this Article.

10. Measures to address consequences:

a) Order the removal or relocation of trees for violations as specified in Point a Clause 2 of this Article;

b) Order restoration to the original condition for violations as specified in Points a, b, c, d Clause 4 and Clause 5 of this Article;

c) Order the relocation of structures, means, and equipment for violations as specified in Point đ Clause 4 of this Article;

d) Order repair or reconstruction of meteorological and hydrological facilities, benchmarks, and technical boundary markers of meteorological and hydrological facilities for violations as specified in Clause 6 of this Article;

đ) Order demolition of parts that violate the technical boundaries of meteorological and hydrological facilities for buildings exceeding the height limit within the technical boundaries of such facilities for violations as specified in Clause 7 of this Article.”

11. Supplement Article 8a as follows:

“Article 8a. Violations concerning the monitoring of dedicated meteorological and hydrological stations of organizations and individuals

1. Fine from VND 3,000,000 to VND 5,000,000 for failing to comply with technical standards for meteorological and hydrological monitoring.

2. For violations concerning the use, inspection, and calibration of meteorological and hydrological measuring instruments, penalties shall be imposed according to the laws on measurement.”

12. Amend and supplement Article 9 as follows:

“Article 9. Violations concerning the provision of meteorological and hydrological information and data

1. Fine from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Providing meteorological and hydrological information and data beyond authority;

b) Failing to fully submit meteorological and hydrological information and data to the national meteorological and hydrological database.

2. Fine from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Failing to submit or provide meteorological and hydrological information and data;

b) Concealing meteorological and hydrological information and data;

c) Providing inaccurate meteorological and hydrological information and data.

3. Measures to remedy consequences:

a) Order the provision of missing information and data for violations as specified in Point b Clause 1 and Point a Clause 2 of this Article;

b) Order correction of meteorological and hydrological information and data for violations as specified in Point c Clause 2 of this Article.”

13. Supplement Article 9a as follows:

“Article 9a. Violations concerning the exploitation and use of meteorological and hydrological information and data

1. Fine from VND 10,000,000 to VND 15,000,000 for failing to update information and data to the most recent year in consultancy, design, and investment construction projects.

2. Fine from VND 15,000,000 to VND 20,000,000 for using meteorological and hydrological information and data not in accordance with the intended purpose at the time of provision.

3. Fine from VND 20,000,000 to VND 25,000,000 for using free-provided meteorological and hydrological information and data for commercial transactions aimed at profit.

4. Fine from VND 25,000,000 to VND 30,000,000 for one of the following violations:

a) Using meteorological and hydrological information and data without clear origin in consultancy, design, and investment construction projects;

b) Using meteorological and hydrological information and data not confirmed by authorized agencies, organizations, or individuals in consultancy, design, and investment construction projects.

5. Measures to remedy consequences:

a) Order supplementation of updated meteorological and hydrological information and data to the most recent year for violations as specified in Clause 1 of this Article;

b) Order the return of illegal profits obtained for violations as specified in Clause 3 of this Article.”

14. Supplement Article 9b as follows:

“Article 9b. Violations concerning the exchange of meteorological and hydrological information and data, and climate change monitoring with international organizations and foreign organizations or individuals not covered by international treaties to which the Socialist Republic of Vietnam is a party

1. Fine from VND 10,000,000 to VND 15,000,000 for one of the following acts contrary to the approval of the Ministry of Natural Resources and Environment:

a) Purpose of information and data exchange;

b) Name and address of the international organization, foreign organization, or individual for information and data exchange;

c) Type and quantity of information and data exchanged;

d) Time period for information and data exchange;

đ) Form of information and data exchange;

e) Duration of information and data exchange.

2. Fine from VND 15,000,000 to VND 20,000,000 for failing to report activities related to the exchange of meteorological and hydrological information and data, and climate change monitoring with international organizations and foreign organizations or individuals within the prescribed timeframe.

3. Fine from VND 20,000,000 to VND 30,000,000 for exchanging meteorological and hydrological information and data, and climate change monitoring without the approval of the Ministry of Natural Resources and Environment.”

15. Supplement Article 9c as follows:

“Article 9c. Violations concerning regulations on weather modification

1. Fine from VND 10,000,000 to VND 20,000,000 for implementing weather modification plans not approved by competent state authorities.

2. Fine from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Not adjusting the weather impact plan when there is a change in any of the basic contents of the weather impact plan as stipulated in Clause 2, Article 44 of the Law on Meteorology and Hydrology, or when the personnel listed in the approved weather impact plan leads to an impact on the implementation of the plan;

b) Not adjusting the weather impact plan when there are objective fluctuations in meteorological and hydrological conditions, national defense, and security that affect the implementation of the weather impact plan;

c) Not adjusting the weather impact plan when required by an authorized agency;

3. A fine of VND 30,000,000 to VND 40,000,000 for the act of not publicly notifying the local community before implementing weather impact activities;

4. A fine of VND 40,000,000 to VND 50,000,000 for any of the following violations:

a) Not implementing safety measures and minimizing negative impacts as prescribed in the approved plan;

b) Implementing weather impact activities without an approved plan;

5. Additional forms of punishment:

Seizing the objects and means used to commit the violation as prescribed in Clause 1 and Point b, Clause 4 of this Article;

6. Measures to remedy consequences:

Compelling the return of illegal profits obtained from the violation as prescribed in Point b, Clause 4 of this Article.";

16. Amend and supplement Article 17 as follows:

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

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Applying remedial measures as prescribed in Points a, b, h, and i, Clause 3 under Clause 4 of Article 1 of this Decree;

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

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

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

a) To issue warnings;

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

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree.";

17. Amending and supplementing Article 18 as follows:

"Article 18. Competence to impose administrative penalties of specialized inspectors

1. Specialized inspectors, persons assigned to perform specialized inspection tasks in natural resources and environment while performing official duties have the right to:

a) To issue warnings;

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

c) Apply remedial measures as prescribed in Point a, Clause 3 under Clause 4 of Article 1 of this Decree;

2. The Head of the Department of Natural Resources and Environment Inspection, the Leader of the specialized inspection team established by the Director of the Department or the Head of the Department of Natural Resources and Environment Inspection has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

3. The Leader of the specialized inspection team established by the Minister of Natural Resources and Environment or the Head of the Department of Natural Resources and Environment Inspection has the right to:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

4. The Head of the Department of Natural Resources and Environment Inspection has the right to:

a) To issue warnings;

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

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree.";

18. Supplementing Article 19a, Article 19b, Article 19c, Article 19d, and Article 19đ as follows:

"Article 19a. Competence to impose administrative penalties in the field of meteorology and hydrology of the People's Public Security Forces

The People's Public Security Forces have the right to impose administrative penalties on violations as prescribed in Clause 5, Clause 10, Clause 14, and Clause 15 of Article 1 of this Decree, specifically as follows:

1. Public Security soldiers performing official duties have the right to: Issue a warning;

2. The Head of the Public Security Station at the commune level has the right to:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Seize objects and means of administrative violations with a value not exceeding VND 2,500,000;

d) Apply remedial measures as prescribed in Points a, b, h, and i, Clause 3 under Clause 4 of Article 1 of this Decree;

3. The Head of the Public Security Office at the district level has the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Seize objects and means of administrative violations with a value not exceeding VND 10,000,000;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

4. The Director of the Public Security Department at the provincial level has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Seize objects and means of administrative violations with a value not exceeding VND 25,000,000;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

Article 19b. Competence to impose administrative sanctions for violations in the field of meteorology and hydrology of the Border Guard

The Border Guard has the authority to impose administrative sanctions on acts violating the provisions set out in Clause 10, Clause 14, and Clause 15 of Article 1 of this Decree within the border areas under the responsibility of the Border Guard, specifically as follows:

1. Border Guard soldiers performing official duties have the right: To issue a warning.

2. Team Leaders, Station Chiefs of Border Control Stations have the right:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. Battalion Chiefs of Border Battalions have the right:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Seize objects and means of administrative violations with a value not exceeding VND 10,000,000;

d) Apply remedial measures as prescribed in Points a, b, h, and i, Clause 3 under Clause 4 of Article 1 of this Decree;

4. Commanders of Provincial Border Guard Forces have the right:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

Article 19c. Competence to impose administrative sanctions for violations in the field of meteorology and hydrology of the Coast Guard

The Coast Guard has the authority to impose administrative sanctions on acts violating the provisions set out in Clause 10, Clause 14, and Clause 15 of Article 1 of this Decree within the scope of responsibility of the Coast Guard, specifically as follows:

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Applying remedial measures as prescribed in Points a, b, h, and i, Clause 3 under Clause 4 of Article 1 of this Decree;

4. The maritime squadron commander have the right to:

a) To issue warnings;

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

c) Confiscate objects and means of violation with a value not exceeding 20,000,000 VND;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means of violation with a value not exceeding 30,000,000 VND;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

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

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

7. Directors of the Coast Guard Department have the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in Clause 4 of Article 1 of this Decree.

Article 19d. Competence to impose administrative sanctions for violations in the field of meteorology and hydrology of Maritime Port Authorities, Civil Aviation Port Authorities, Inland Waterway Port Authoritiesa

Maritime Port Authorities, Civil Aviation Port Authorities, Inland Waterway Port Authorities have the authority to impose administrative sanctions on acts violating the provisions set out in Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13, Clause 14, and Clause 15 of Article 1 of this Decree within the scope of responsibility of the Maritime Port Authorities, Civil Aviation Port Authorities, and Inland Waterway Port Authorities, specifically as follows:

1. Representatives of Maritime Port Authorities, Representatives of Civil Aviation Port Authorities, Representatives of Inland Waterway Port Authorities have the right:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Confiscate administrative violation objects and means with a value not exceeding VND 10,000,000.

2. Directors of Maritime Port Authorities, Directors of Civil Aviation Port Authorities, Directors of Inland Waterway Port Authorities under the Vietnam Inland Waterway Administration have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Seize objects and means of administrative violations with a value not exceeding VND 25,000,000;

d) Apply remedial measures prescribed at points a, b, d, đ, h, i, and m of Clause 3 of Clause 4 of Article 1 of this Decree.

Article 19đ. Competence to impose administrative sanctions for violations in the field of meteorology and hydrology of specialized inspection agencies in transport, industry and trade, agriculture and rural development, science and technology, construction

Specialized inspection agencies in transport, industry and trade, agriculture and rural development, science and technology, construction have the authority to impose administrative sanctions on acts violating the provisions set out in Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13, Clause 14, and Clause 15 of Article 1 of this Decree, specifically as follows:

1. Specialized inspectors, persons assigned to perform specialized inspection tasks in transport, industry and trade, agriculture and rural development, science and technology, construction while performing official duties have the right:

a) To issue warnings;

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

c) Apply remedial measures as prescribed in Point a, Clause 3 under Clause 4 of Article 1 of this Decree;

2. Heads of Inspection Departments of Departments, Heads of Inspection Teams established by the Heads of Departments of Transport, Industry and Trade, Agriculture and Rural Development, Science and Technology, Construction for inspection decisions have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

3. Heads of Inspection Teams established by the Ministers and Heads of Inspection Departments of the Ministries of Transport, Construction, Industry and Trade, Agriculture and Rural Development, Science and Technology for inspection decisions have the right:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree;

4. Heads of Inspection Departments of the Ministries of Transport, Construction, Industry and Trade, Agriculture and Rural Development, Science and Technology have the right:

a) To issue warnings;

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

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d) Applying remedial measures as prescribed in Clause 4 of Article 1 of this Decree.";

19. Amend and supplement Point b Clause 1 Article 20 as follows:

“b) Coast Guard officers; civil servants and officials of the agencies specified in Article 17, Article 18, and Article 19 of Decree No. 173/2013/NĐ-CP dated November 13, 2013 of the Government on administrative sanctions for violations in the fields of meteorology and hydrology, surveying, and cartography, and at Clauses 16, 17, and 18 of Clause 1 of this Decree while performing official duties.”

Article 2. Effective Date

This Decree takes effect from September 10, 2017.

Article 3. Transitional Provisions

1. For administrative violations in the field of meteorology and hydrology occurring before the date this Decree takes effect but newly discovered or currently being considered for resolution, the provisions on penalties shall be applied in a manner favorable to individuals and organizations.

2. For violations that have been decided upon and enforced but not yet executed or not fully executed, the previous penalty decision shall be enforced.

Article 4. Responsibilities for guidance and implementation

Clause 1. The Minister of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.