Decree No. 90/2009/NĐ-CP on administrative penalties for violations in chemical activities

DECREE

Provisions on administrative penalties for violations in chemical activities

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THE GOVERNMENT

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

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Pursuant to the Ordinance on Handling Administrative Violations 2002 and the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates provisions on administrative penalties for violations in chemical activities, including:

a) Violations of regulations on the production and business of chemicals;

b) Violations of regulations on the transportation of dangerous chemicals;

c) Violations of regulations on the storage and preservation of dangerous chemicals in production and business;

d) Violations of regulations on safety distances from facilities producing and trading dangerous chemicals;

đ) Violations of regulations on the export, import, temporary import for re-export, and transit transportation of chemicals;

e) Violations of regulations on the handling and disposal of residual chemicals, waste, and containers containing chemicals;

g) Violations of regulations on the advertising of chemicals;

h) Violations of regulations on the classification and labeling of chemicals;

i) Violations of regulations on the packaging of chemicals;

k) Violations of regulations on safety data sheets for chemicals;

l) Violations of regulations on the use of chemicals for experiments and scientific research;

m) Violations of regulations on the storage and preservation of dangerous chemicals in production and business;

n) Violations of regulations on the handling of chemicals that have been discarded in use;

o) Violations of regulations on the development of preventive measures and emergency response plans for chemical accidents;

p) Violations of regulations on the declaration of chemicals;

q) Violations of regulations on the registration of new chemicals;

r) Violations of regulations on the conditions of persons involved in dangerous chemical activities;

s) Violations of regulations on the protection work in areas with dangerous chemical activities;

t) Violations of regulations on the provision and confidentiality of chemical information;

u) Violations of regulations on reporting the production, import, and use of chemicals listed in the Prohibited Chemicals List.

2. Administrative violations in the management of industrial explosives and chemicals under the Table specified in Government Decree No. 100/2005/NĐ-CP dated August 3, 2005, concerning the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on their Destruction, are not within the scope of this Decree.

3. Administrative violations in chemical activities not directly provided for in this Decree shall be governed by other Government Decrees on administrative penalties in related state management fields.

Article 2. Applicability

1. Organizations and individuals of Vietnam committing administrative violations as prescribed in this Decree.

2. Foreign organizations and individuals committing administrative violations as prescribed in this Decree on the territory of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

3. Minors committing administrative violations as prescribed in this Decree shall be subject to penalties as provided for in the Administrative Violation Handling Ordinance 2002.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Chemical production is the process of manufacturing chemicals.

2. Chemical use is the process of putting chemicals into practical application to achieve specific purposes in economic activities (production, construction, basic surveys, training, scientific research, etc.) according to a defined technological process.

3. Buying and selling, supplying chemicals is the process of implementing purchase and sale contracts and transporting chemicals.

4. Chemical storage is the process of keeping chemicals in warehouses, specialized containers at storage locations.

5. Research and trial production of chemicals is the process of manufacturing new chemical products. Research and trial production may include the entire process of creating a product or only one of the steps in the process to determine composition, technological processes, equipment chains...

Article 4. Provisions on Administrative Sanctions for Violations

Principles of punishment; mitigating or aggravating circumstances; statute of limitations and time limit for punishment; period considered as not yet punished; calculation of time limits and statute of limitations; application of forms of administrative sanctions and measures to remedy consequences; responsibilities of persons with authority in imposing administrative sanctions shall be carried out in accordance with the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Articles of the Administrative Violation Handling Ordinance 2008.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS AND AMOUNTS OF SANCTIONS

Article 5. Violations concerning the production and business of chemicals

1. A fine of from three million dong to five million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Allowing raw materials or chemical products to remain in excess of the prescribed amount in the production area;

b) Using record books and forms for quality control of chemical products that are not in accordance with regulations or do not exist at all.

2. A fine of from five million dong to ten million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Putting a chemical production facility into operation without organizing acceptance and handover and without obtaining confirmation from competent state agencies that it meets the conditions for production;

b) Proceeding with chemical production without addressing the requirements set forth by competent state agencies regarding conditions for production;

c) Not having or allowing the damage of internal rules, production procedures, and equipment operation procedures at production sites as required;

d) The lightning protection and grounding system does not meet the prescribed requirements;

đ) Removing or damaging safety devices attached to chemical production equipment;

e) Permitting workers to violate fire prevention, explosion prevention, and poisoning prevention regulations in the production area.

3. A fine of from ten million dong to twenty million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Producing or trading in chemicals not included in the list of chemicals prescribed by competent state agencies;

b) Using raw materials for production and trade whose origins are unclear;

c) Producing or trading in chemical products not registered and permitted for production and use;

d) Failing to conduct or maintain regular quality control of chemical products.

4. A fine of from thirty million dong to forty million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Organizing the production and trade of chemicals without obtaining a Chemical Production and Trade License;

b) Modifying the structure of factory buildings in violation of requirements for internal protection, evacuation routes, load-bearing capacity, fire resistance, and labor hygiene standards.

5. Additional forms of punishment

Seizure of contraband items for violations stipulated in point b, Clause 3 of this Article.

Remedial measures

a) Order restoration to the original condition prior to the administrative violation as provided in point b, Clause 4 of this Article;

b) Order remediation of unsafe conditions resulting from administrative violations as provided in point đ, Clause 2 of this Article;

c) Order to apply for a Chemical Production and Trade License from competent state agencies as provided in point a, Clause 4 of this Article.

Article 6. Acts violating regulations on transporting dangerous chemicals

Organizations and individuals violating regulations on transporting dangerous chemicals shall be subject to administrative penalties according to current regulations on transporting hazardous goods in road traffic and inland waterway traffic sectors.

Article 7. Acts violating regulations on storing and preserving dangerous chemicals in production and business activities.

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals who fail to allocate separate warehouses or fail to equip distribution facilities for dangerous chemicals at consumption warehouses.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Failing to comply with statistical reporting systems and procedures for importing and exporting dangerous chemicals;

b) Failing to implement inspection systems for record-keeping and reporting on the import and export of dangerous chemicals;

c) Failing to establish warning signs and symbols in areas where dangerous chemicals are stored as prescribed.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Storing dangerous chemicals beyond the storage capacity of the warehouse as prescribed;

b) Storing different groups of dangerous chemicals in the same space without adequate safety conditions as prescribed;

c) Failing to implement sealing and locking procedures for warehouses as prescribed.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Aggregating, unloading, or storing dangerous chemicals at locations not approved by competent state authorities;

b) Storing dangerous chemicals in warehouses that have not been reviewed and approved by competent state authorities for design or acceptance and handover;

c) Failing to timely repair communication systems as prescribed;

d) Failing to timely repair warehouse fences;

đ) Failing to timely maintain and repair guard posts and security stations;

e) Failing to timely repair faults in power supply systems and lighting systems;

g) Failing to timely repair faults in warehouse structures and protective walls;

h) Failing to repair or failing to implement regular inspection and testing procedures for lightning protection grounding systems;

i) Failing to implement procedures for handling expired or deteriorated chemicals;

k) Violations of national reserve chemical storage procedures and confidentiality regulations shall be handled according to the provisions of Decree No. 25/2007/NĐ-CP dated February 15, 2007, stipulating administrative penalties for violations in the national reserve sector.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals expanding or renovating storage areas for dangerous chemicals in violation of safety distance requirements, fire prevention, explosion prevention, poisoning prevention, flood prevention, and escape route requirements.

6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals failing to construct protective walls or failing to meet wall construction standards without ensuring safety distances as prescribed.

7. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on organizations and individuals stealing dangerous chemicals from storage warehouses.

If theft of dangerous chemicals is suspected of being criminal, the case file must be transferred to the competent criminal prosecution authority for criminal responsibility pursuit.

8. Measures to remedy consequences

Restoration to the original condition prior to the administrative violation shall be ordered for the acts specified in Clause 5 and Clause 6 of this Article.

Article 8. Acts violating the provisions on safe distances from chemical production and business facilities

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Entering or gathering within the hazardous area or safety zone without authorization;

b) Grazing animals or planting crops within the safety zone.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on organizations and individuals for the act of lighting fires or discharging flammable substances, waste, corrosive substances, or toxic substances into the safety zone.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals for the act of moving boundary markers of the safety zone or arbitrarily relocating warning signs indicating hazardous areas.

4. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Not maintaining fire prevention distances or not clearing flammable vegetation within the safety zone;

b) Damaging or destroying protective fences or walls surrounding the storage area for dangerous chemicals.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Expanding the production area in violation of the safe distance requirements from nearby structures and residential areas;

b) Not having an external protective wall or the structure of the external protective wall not meeting the requirements when the safe distance has not been ensured as prescribed.

6. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on organizations and individuals for the act of encroaching on land within the safety zone to construct buildings.

7. Additional forms of punishment

Seizure of contraband items and means of transportation used in violations stipulated in point b, Clause 1, Article 8 herein.

8. Measures to remedy consequences

Forced demolition of construction works for the acts stipulated in point a, Clause 5, Article 8 and for the act of constructing an external protective wall that does not meet the requirements when the safe distance has not been ensured as prescribed in point b, Clause 5, Article 8.

Article 9. Acts violating the provisions on export, import, temporary import for re-export, and transit transport of chemicals

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on organizations and individuals committing any of the following acts:

a) Exporting, importing, temporarily importing for re-export, or transiting transport of chemicals not in accordance with the types and quantities specified in the contract;

b) Misdeclaring the quality standards and corresponding technical standards of exported, imported, temporarily imported for re-exported, or transited transported chemicals for customs authorities to check against when processing customs procedures.

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

a) Exporting, importing, temporarily importing for re-export, or transiting transport of chemicals requiring permits, not in accordance with the types and quantities specified in the permit;

b) Intentionally repeating the misdeclaration of the quality standards and corresponding technical standards of exported, imported, temporarily imported for re-exported, or transited transported chemicals for customs authorities to check against when processing customs procedures.

3. A fine of from ten million dong to twenty million dong shall be imposed on organizations and individuals committing any of the following acts:

a) Using a subsidiary not listed in the Business License to engage in the export, import, temporary import for re-export, or transiting transport of dangerous chemicals;

b) Signing contracts or selling imported dangerous chemicals to organizations or individuals using dangerous chemicals that have been suspended or temporarily suspended from using such chemicals by competent state management agencies;

c) Purchasing dangerous chemicals from organizations or individuals not permitted to trade in the export or import of chemicals.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals for exporting, importing, temporarily importing for re-export, or transiting transport of dangerous chemicals without permission from competent state agencies to export, import, temporarily import for re-export, or transit transport.

5. Measures to remedy consequences

a) Compelling the correct declaration of the quality standards and corresponding technical standards of exported, imported, temporarily imported for re-exported, or transited transported chemicals as prescribed in point b, Clause 1, and Clause 2, Article 9 herein for customs authorities to check against when processing customs procedures;

b) Compelling the removal of contraband goods from the territory of Vietnam or compelling their re-exportation due to violations related to import as stipulated in Clause 4, Article 9 herein.

Article 10. Acts violating regulations on the handling and disposal of residual chemicals, waste, and chemical storage containers

1. A fine of VND 25,000,000 to VND 35,000,000 shall be imposed on organizations and individuals who handle and dispose of residual chemicals, waste, and chemical storage containers without thoroughness as prescribed by laws on environmental protection.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on organizations and individuals who fail to implement or implement inadequately the handling and disposal of residual chemicals, waste, and chemical storage containers as prescribed by laws on environmental protection.

3. For acts violating regulations on the handling and disposal of residual chemicals, waste, and chemical storage containers that adversely affect other beneficial organisms and cause pollution of the ecological environment, administrative penalties in the field of plant quarantine and environmental protection shall be imposed.

4. Additional forms of punishment

Revocation of the right to use licenses related to chemical activities.

5. Measures to remedy consequences

Compel the implementation of the handling and disposal of residual chemicals, waste, and chemical storage containers as prescribed by laws on environmental protection.

Article 11. Acts violating regulations on advertising chemicals

Violations regarding the advertising of chemicals shall be applied according to the provisions of Decree No. 56/2006/ND-CP dated June 6, 2006, on administrative penalties for violations in cultural and information activities.

Article 12. Acts violating regulations on classification, labeling, and chemicals

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who fail to classify and label chemicals as prescribed in Article 27 of the Chemicals Law.

2. Measures to remedy consequences

Compel supplementary classification and labeling of chemicals in accordance with the regulations on the classification and labeling of chemical goods.

Article 13. Acts violating regulations on packaging chemicals

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who fail to comply with technical standards on chemical packaging as prescribed by competent authorities managing the industry and sector.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who package chemicals in such a way that they leak or spread out during transportation, storage, and custody.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who package chemicals in such a way that they corrode, destroy, and harm the environment during transportation, storage, and custody.

Remedial measures.

Compel remediation and supplementary packaging of chemicals to ensure compliance with the requirements for chemical packaging as prescribed by competent authorities managing the industry and sector.

Article 14. Acts violating regulations on safety data sheets for chemicals

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who make errors in the information and content of safety data sheets for chemicals.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who use fraudulent means to provide false information and content about chemicals in safety data sheets for chemicals.

3. Measures to remedy consequences

Compel correction of errors in the information and content of safety data sheets for chemicals for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 15. Acts violating regulations on the use of chemicals for experiments and scientific research

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on organizations and individuals who use chemical storage containers in laboratories and warehouses without appropriate labels as required by law.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed if laboratories fail to establish tracking files for chemicals to update periodically the situation of chemical usage and retain safety data sheets for chemicals.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed if laboratories lack appropriate safety equipment and personal protective equipment suitable for the hazardous nature of chemicals.

4. Measures to remedy consequences

Compel remediation of errors in the use of chemicals for experiments and scientific research in accordance with the regulations of the Ministry of Science and Technology on the use of chemicals for conducting experiments and scientific research.

Article 16. Acts violating regulations on storing and preserving hazardous chemicals in production and business activities

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on organizations and individuals producing, trading, storing, and preserving hazardous chemicals that have not ensured safe distance requirements and technical safety requirements for storing and preserving hazardous chemicals.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who do not have necessary safety warnings about chemicals, appropriate signaling systems corresponding to the level of danger of hazardous chemicals at storage and preservation locations.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals who do not have rescue equipment and means suitable with the dangerous characteristics of chemicals.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals who do not have preventive measures, response plans for chemical accidents or preventive and response plans for chemical accidents as prescribed by the Chemical Law.

5. Remedial measures

Compel the correction of deficiencies to ensure the requirements for storing and preserving hazardous chemicals in production and business activities as prescribed by the Chemical Law.

Article 17. Acts violating regulations on handling abandoned chemicals in use

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on organizations and individuals abandoning chemicals used for household purposes without following the manufacturer's recommendations and environmental protection laws, ensuring safety for people and the environment.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals using unsuitable technology to handle residual chemicals, waste, and containers containing chemicals that are not thoroughly treated according to environmental protection laws, failing to ensure safety for people and the environment.

3. A fine of VND 70,000,000 to VND 80,000,000 shall be imposed on organizations and individuals violating regulations on handling abandoned chemicals in use, causing serious environmental pollution from abandoned chemicals.

4. For acts violating regulations on handling abandoned chemicals in use that adversely affect other beneficial organisms and cause ecological environmental pollution, administrative penalties in the field of plant quarantine and environmental protection shall be imposed.

5. Additional forms of punishment

Revocation of the right to use licenses related to chemical activities.

Remedial measures

Compel the thorough handling of abandoned chemicals in use according to environmental protection laws, ensuring safety for people and the environment.

Article 18. Acts violating regulations on establishing preventive measures and plans for responding to chemical accidents

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals who distort the content of establishing preventive and response plans for chemical accidents as prescribed by the Chemical Law.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations and individuals who establish preventive and response plans for chemical accidents that do not correspond to reality for review and approval.

3. Measures to remedy consequences

Compel the establishment of preventive and response plans for chemical accidents as prescribed by the Chemical Law.

Article 19. Acts violating regulations on declaring chemicals

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals committing one of the following acts:

a) Declaring the name of chemicals, physical-chemical properties, composition, origin, quantity, and purpose of use of chemicals inaccurately;

b) Not retaining declaration files and related documents on classifying hazardous chemicals as prescribed;

c) Not informing the receiving authority of the cessation of hazardous chemical activities.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals committing one of the following acts: not declaring or using fraudulent methods to declare inaccurately the name of chemicals, physical-chemical properties, composition, origin, quantity, and purpose of chemical activities.

3. Measures to remedy consequences

Compel the correction of declarations to reflect the truth; retain declaration files and related documents on classifying hazardous chemicals as prescribed.

Article 20. Violations concerning the registration of new chemicals

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals who fail to register new chemicals or assess new chemicals as prescribed.

2. Measures to remedy consequences

Compel the correction of the situation regarding the registration of new chemicals.

Article 21. Violations concerning the conditions for persons involved in dangerous chemical activities

1. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on organizations and individuals committing any of the following acts:

a) The person directly managing the production or business operations of a facility producing or trading in dangerous chemicals does not meet the current standards;

b) Using workers without appropriate qualifications as prescribed;

c) Using workers who have not been trained or educated on safe technical procedures in the production, use, storage, transportation, and testing of dangerous chemicals, including safety techniques for preventing poisoning, fire, and explosion as prescribed;

d) Failing to organize regular training or retraining as prescribed for those directly involved in receiving, producing, using, storing, transporting, and testing dangerous chemicals.

2. Measures to remedy consequences

Compel the organization of regular training or retraining as prescribed for those directly involved in receiving, producing, using, storing, transporting, and testing dangerous chemicals.

Article 22. Violations concerning the protection work in areas with dangerous chemical activities

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed on organizations and individuals committing any of the following acts:

a) Allowing unauthorized personnel to enter and exit the area where dangerous chemical activities take place;

b) Failing to implement handover procedures when changing shifts;

c) Leaving posts or failing to implement guard duty and patrol procedures during shifts;

d) Failing to report unusual situations promptly during shifts.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on organizations and individuals committing any of the following acts:

a) Failing to establish internal regulations and guard duty procedures for the area where dangerous chemical activities take place;

b) Failing to conduct inspections of guard duty and protection procedures for the area where dangerous chemical activities take place as prescribed.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals committing any of the following acts:

a) Failing to allocate sufficient guard forces as prescribed;

b) Establishing or equipping insufficient or non-compliant protective facilities for the area where dangerous chemical activities take place as prescribed.

Article 23. Violations concerning the provision and confidentiality of chemical information

A fine of from 2,000,000 VND to 8,000,000 VND shall be imposed on agencies and individuals receiving declarations, registrations, and reports on chemicals who commit any of the following acts: disclosing confidential chemical information that must be kept secret according to the law and the confidentiality rules for chemical declaration information of the Ministry of Industry and Trade.

Article 24. Violations concerning the reporting of production, importation, and use of chemicals listed in the Prohibited Chemicals List

1. A fine of from 1,000,000 VND to 5,000,000 VND shall be imposed on organizations and individuals who fail to report the production, importation, and use of chemicals listed in the Prohibited Chemicals List as prescribed in Article 52 of the Law on Chemicals.

2. Measures to remedy consequences

Compel the implementation of the reporting of production, importation, and use of chemicals listed in the Prohibited Chemicals List as prescribed.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING FINES

Article 25. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels have the competence to impose administrative penalties for violations in the field of chemical management within their jurisdiction, specifically as follows:

1. Chairpersons of People's Committees at the commune and ward level have the authority to impose penalties:

a) To issue warnings;

b) A fine up to VND 2,000,000;

c) Confiscation of objects and means of transportation involved in violations in the field of chemical management with a value up to VND 2,000,000;

d) Compel restoration to the original state altered due to administrative violations in the field of chemical management.

2. Chairpersons of People's Committees at the district, county, town, and provincial city level have the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means of transportation involved in violations in the field of chemical management;

d) Compel restoration to the original state altered due to administrative violations in the field of chemical management;

đ) Compel demolition of unauthorized or improperly permitted construction works violating laws in the field of chemical management;

3. Chairpersons of People's Committees at the provincial and centrally-administered city level have the authority to:

a) To issue warnings;

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

c) Confiscate objects and means of transportation involved in violations in the field of chemical management;

d) Compel restoration to the original state altered due to administrative violations in the field of chemical management.

đ) Compel demolition of unauthorized or improperly permitted construction works violating laws in the field of chemical management;

e) Compel rectification of unsafe conditions caused by administrative violations;

g) Compel relocation of dangerous chemicals stored nationally due to administrative violations to warehouses or designated locations as prescribed;

h) Compel removal from Vietnam or compel re-exportation according to Article 20 of the Ordinance on Handling Administrative Violations.

Article 26. Competence to impose administrative penalties of specialized inspectors under the Ministry of Industry and Trade

Specialized inspectors under the Ministry of Industry and Trade have the competence to impose administrative penalties for violations nationwide. Specialized inspectors under the Department of Industry and Trade of provinces and centrally-administered cities have the competence to impose administrative penalties for violations within their jurisdictions.

The competence of specialized inspectors to impose administrative penalties for violations in the field of chemical management is specified as follows:

1. Specialized inspectors under the Ministry of Industry and Trade and Departments of Industry and Trade have the authority to:

a) To issue warnings;

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

c) Confiscate objects and means of transportation involved in violations with a value up to VND 2,000,000;

d) Compel restoration to the original state altered due to administrative violations in the field of chemical management;

đ) Compel rectification of unsafe conditions caused by administrative violations.

2. Heads of specialized inspection departments under the Department of Industry and Trade have the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means of transportation involved in violations;

d) Compel restoration to the original state altered due to violation acts;

đ) Compel rectification of unsafe conditions caused by violation acts.

3. Heads of specialized inspection under the Ministry of Industry and Trade have the authority to:

a) To issue warnings;

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

c) Confiscate objects and means of transportation involved in violations;

d) Compel restoration to the original state altered due to violation acts;

đ) Compel rectification of unsafe conditions caused by violation acts;

e) Compel relocation of dangerous chemicals stored nationally due to administrative violations to warehouses or designated locations as prescribed;

g) Compel removal from Vietnam or compel re-exportation according to Article 20 of the Ordinance on Handling Administrative Violations.

Article 27. Competence to impose administrative penalties of other forces

In addition to those with the authority to impose penalties as stipulated in Articles 28 and 29 of this Decree, individuals with the authority belonging to the Police, Customs, Military, Market Management, and Labor Safety Inspection forces when discovering administrative violations in the field of chemical management as prescribed in this Decree within their jurisdiction and area of management shall have the authority to impose penalties according to the Ordinance on Handling Administrative Violations.

Article 28. Delegation of authority and principles for determining administrative penalty jurisdiction in the field of chemical management

1. The delegation of authority to impose administrative penalties in the field of chemical management shall be implemented in accordance with the provisions of Article 41 of the Administrative Violation Handling Ordinance.

2. The principle for determining the authority to impose administrative penalties in the field of chemical management shall be applied in accordance with the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Article 29. Procedures for imposing administrative penalties in the field of chemical management

1. The procedures and steps for imposing administrative penalties in the field of chemical management shall be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance and Decree No. 128/2008/NĐ-CP.

2. Documents related to the imposition of administrative penalties in the field of chemical management must be fully retained at the penalizing agency. The administrative violation record shall be prepared according to the current model.

3. Individuals and organizations subject to fines must pay the fine within the time limit and at the location specified in the penalty decision, except in cases where they have paid the fine on the spot as stipulated in Articles 54 and 58 of the Administrative Violation Handling Ordinance and received a receipt for the fine payment.

4. When applying the form of confiscating contraband items and means of violation, the person authorized to impose penalties must comply with the provisions set forth in Articles 60 and 61 of the Administrative Violation Handling Ordinance and Decree No. 128/2008/NĐ-CP.

Article 30. Enforcement of penalty decisions and compulsory enforcement of administrative penalty decisions in the field of chemical management

1. Individuals and organizations subject to administrative penalties in the field of chemical management under this Decree must strictly comply with the penalty decision within ten days from the date of issuance of the decision, unless otherwise provided by law. If individuals or organizations subject to penalties do not voluntarily comply with the penalty decision, they will be subject to compulsory enforcement of the penalty decision in accordance with the provisions of Article 66 of the Administrative Violation Handling Ordinance and the provisions of law regarding the compulsory enforcement of administrative penalty decisions.

2. When applying measures for the compulsory enforcement of administrative penalty decisions in the field of chemical management, agencies and persons authorized to enforce must follow the compulsory enforcement procedures and steps as prescribed in Articles 66 and 67 of the Administrative Violation Handling Ordinance and the provisions of law regarding the compulsory enforcement of administrative penalty decisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from December 10, 2009.

2. This Decree replaces Decree No. 31/2007/NĐ-CP dated March 2, 2007 of the Government on administrative penalties in the field of hazardous chemical management.

Article 32. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible for monitoring and supervising the implementation of this Decree.

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