Decree No. 117/2009/ND-CP dated December 31, 2009 of the Government on the handling of law violations in the domain of environmental protection

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	117/2009/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	31/12/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administrative violation , Natural Resources - Environment

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THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 117/2009/ND-CP	Hanoi, December 31, 2009

DECREE

ON THE HANDLING OF LAW VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL PROTECTION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Natural Resources and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for:

a/ Administrative violations in the domain of environmental protection, sanctioning forms, levels, competence and procedures, and remedies;

b/ The competence, order and procedures for operation suspension, forced relocation or operation ban of polluting or seriously polluting production, business or service establishments defined in Article 49 of the Law on Environmental Protection; measures coercing the enforcement of operation suspension, forced relocation or operation ban decisions, and the competence and procedures for application of these measures;

c/ Measures to publish information on pollution caused and law violations committed by polluting or seriously polluting production, business or service establishments.

2. Administrative violations in the domain of environmental protection are acts violating state management regulations in the domain of environmental protection, intentionally or unintentionally committed by individuals or organizations, which are not crimes and are subject to administrative sanctioning under this Decree. Administrative violations in the domain of environmental protection include:

a/ Violation of regulations on making and implementation of environmental protection commitments, environmental impact assessment reports or additional environmental impact assessment reports (below collectively referred to as environmental impact assessment reports), or environmental protection schemes;

b/ Polluting acts;

c/ Violation of waste management regulations;

d/ Violation of environmental protection regulations in the import of machinery, equipment, means of transport, raw materials, fuel, materials and scraps;

e/ Violation of environmental protection regulations in tourism, conservation and rational use of natural resources;

f/ Violation of regulations on prevention, control and remedying of environmental pollution, degradation or incidents, and other regulations on environmental protection.

3. Other acts of administrative violation in the domain of environmental protection which are not specified in this Decree shall be handled under regulations on administrative sanctioning in other relevant decrees.

Article 2. Entities subject to handling for law violations in the domain of environmental protection

1. Entities subject to administrative sanctioning:

a/ Domestic and foreign individuals and organizations (below collectively referred to as individuals and organizations) that commit administrative violations in the domain of environmental protection in the Vietnamese territory shall all be sanctioned under this Decree or relevant decrees. When it is otherwise provided for by a treaty to which the Socialist Republic of Vietnam is a contracting party, this treaty prevails;

b/ Minors who commit administrative violations in the domain of environmental protection shall be sanctioned under Article 7 of the Ordinance on Handling of Administrative Violations.

2. Polluting or seriously polluting establishments are subject to operation suspension, forced relocation or operation ban as provided for in Chapter III of this Decree.

The Ministry of Natural Resources and Environment shall specify the criteria for identification of polluting or seriously polluting establishments.

3. On-duly cadres and civil servants who violate the law on environmental protection are not administratively sanctioned under this Decree but shall be handled under the law on cadres and civil servants.

Article 3. Sanctions and remedies for administrative violations in the domain of environmental protection

1. For each administrative violation in the domain of environmental protection, the violator is subject to either of the following principal sanctions:

a/ Caution;

b/ Fine.

The maximum fine for an administrative violation in the domain of environmental protection is VND 500,000,000.

2. Depending on the nature and severity of violations, violators may also be subject to either or both of the following additional sanctions:

a/ Deprivation of the right to use environmental standard satisfaction certificates, practice licenses for transportation and disposal of hazardous wastes, licenses for discharge of wastewater into water sources, or practice licenses or certificates with environmental protection contents (below collectively referred to as practice licenses or certificates);

b/ Confiscation of material evidences and means used for commission of administrative violations in the domain of environmental protection.

3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators may also be subject to any of the following remedies:

a/ Forced application of measures to reduce noise or vibration or treat wastes up to environmental standards or technical regulations;

b/ Forced restoration of the environment; forced application of measures to remedy pollution or spread of epidemics or of other environmental protection measures under the environmental protection law;

c/ Forced transportation out of the Vietnamese territory or forced export of goods, machinery, equipment, means, raw materials, fuel, materials, scraps or articles and means which are imported or brought into Vietnam in contravention of environmental protection regulations or pollute the environment;

d/ Forced destruction of polluting firecrackers, goods or articles; invasive alien organisms; or genetically modified organisms and products thereof;

e/ Forced proper implementation of all contents of environmental impact assessment reports and requirements in decisions approving environmental impact assessment reports, environmental protection commitments or environmental protection schemes;

f/ Forced proper operation of environmental treatment facilities; forced construction and installation of environmental treatment facilities; forced dismantlement of environmental treatment facilities built in contravention of environmental impact assessment reports and requirements in decisions approving environmental impact assessment reports, environmental protection commitments or environmental protection schemes;

g/ Forced compliance with regulations on environmental safety distance from residential areas;

h/ Forced termination of illegal activities or relocation out of restricted areas due to special environmental danger on human health or life; forced relocation of planted trees affecting technical safety corridors of environmental protection facilities;

i/ Forced recovery or handling of expired or discarded products under regulations;

j/ Forced compliance with regulations on payment of deposits for environmental rehabilitation and restoration and on insurance for environmental damage compensation liability;

k/ Forced restoration of the original state already altered by administrative violations;

l/ Application of other remedies specified in Chapter II of this Decree.

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Decree No. 117/2009/ND-CP dated December 31, 2009 of the Government on the handling of law violations in the domain of environmental protection

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