Decree No. 179/2013/ND-CP dated November 14, 2013 of the Government on the sanction of administrative 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:	179/2013/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:	14/11/2013	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

Decree No.179/2013/ND-CP dated November 14, 2013 of the Government on the sanction of administrative violations in the domain of environmental protection

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

Pursuant to the June 20, 2012 Law on handling of administrative violations;

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the November 11, 2008 Law on biodiversity;

At the proposal of Minister of Natural Resources and Environment;

The Government promulgates Decree on the sanction of administrative violations in the domain of environmental protection,

Chapter 1.

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 to make written record of administrative violations, competence to sanction administrative violations and remedial measures;

b) The competence, order and procedures for applying forms of handling such as forcible relocation or operation ban of seriously-polluting production, business or service establishments (hereinafter collectively referred to as establishments);

c) Publish information on administrative violations in domain of environmental protection committed by establishments and economic zones, industrial parks, export processing zones, hi-tech parks, concentrated industrial clusters (hereinafter collectively referred to as the concentrated production, business or service zones);

d) Coercive measures, competence and procedures for applying coercive measures to execute decisions on operation suspension; decisions on forcible relocation, operation ban on seriously-polluting establishments.

2. Acts of administrative violations in the domain of environmental protection include:

a) Violation of regulations on environmental protection commitments, 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, scraps and biological preparations;

e) Violation of environmental protection regulations in tourism, rational exploitation and use of natural resources;

f) Violation of regulations on prevention, control and remedying of environmental pollution, degradation or incidents;

g) Acts of administrative violations on biodiversity include: Conservation and sustainable development of Natural ecosystem;conservation and sustainable development of species and conservation and sustainable development of genetic natural resources;

h) Acts of obstructing acts of state management, inspection, examination and sanction of administrative violations, and other violations on environmental protection.

3. Other acts of administrative violation related to domain of environmental protection which are defined in other relevant Government’s Decrees on sanction of administrative violations in domain of state management shall be handled under such regulations.

Article 2. Entities subject to sanction of administrative violations

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 territory, the contiguous zone, the exclusive economic zones and continental shelves of the Socialist Republic of Vietnam shall all be sanctioned under this Decree or relevant decrees.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows

1. Discharge of sewage into environment means discharge of sewage of all kinds, by individuals or organizations, into land, underground water, and surface water, inside and outside establishments, concentrated production, business or service zones. Case of discharging sewage into land and underground water, upon calculating number of times exceeding technical regulations on waste, value of the receiving source K_qshall be equal to 01 (one) according to that technical regulation.

2. Exhaust of dust, waste gas into environment means the generating of dust, waste gas into air environment by individuals or organizations.

3. Dangerous environmental parameters in sewage are environmental parameters according to the national technical regulations on dangerous waste threshold.

4. Dangerous environmental parameters in water gas and air environment are environmental parameters according to the national technical regulations on a number of hazardous substances in surrounding air.

5. Nonhazardous environmental parameters are environmental parameters according to the national technical regulations on waste and surrounding environment, other than environmental parameters defined at Clause 3 and Clause 4 of this Article.

6. Acts of Illegally exploiting species mean acts of hunting, fishing, gathering and keeping aiming to take organisms (including animals, plants, mould, and microorganisms), parts or derivatives of fauna and flora without permission of competent state agencies or in excess of the permitted quantity in the exploitation license issued by competent state agencies.

7. Safe distance on environmental protection for residential areas means the minimum distance from establishments, concentrated production, business or service zones to the nearest residential area according to the concerned standards and technical regulations.

8. An environmental protection commitment includes: Declaration on production activities that affect to environment; registration of satisfying environmental standards and environmental protection commitments.

9. An environmental impact assessment report may include: Preliminary environmental impact assessment report; detailed environmental impact assessment report; environmental impact assessment report of the operating establishments; the additional environmental impact assessment report and environmental impact assessment report.

10. A scheme on payment a deposit, environmental rehabilitation and restoration includes: Plan on environmental rehabilitation and restoration; project on environmental rehabilitation and restoration, and scheme on payment a deposit, environmental rehabilitation and restoration.

Article 4. Sanctioning forms, levels and remedial measures for administrative violations in domain of environmental protection

1. Principal sanctioning forms, sanctioning levels:

Individuals and organizations committing administrative violations in domain of environmental protection shall be applied one of the following principal sanctioning forms:

a) Caution;

b) Fine imposed on one administrative violation in domain of environmental protection which is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations maximally.

2. Additional sanctioning forms:

a) Deprivation of the right to use, with a defined term,: Environmental standard satisfaction certificates; licenses for hazardous waste management; licenses for discharge of wastewater into water sources; certificate of eligibility for scrap import, written confirmation of eligibility for dangerous goods transport; certificate of environmentally friendly-nylon bags; certificate of circulating biological preparations in waste treatment in Vietnam; certificate of eligibility for providing environment observation services, licenses for exploiting endangered, precious and rare species prioritized for protection; licenses for rearing and cultivating endangered, precious and rare species subject to protection priority; certificate of biodiversity conservation establishments; licenses for rearing, cultivation and development of alien species; license for genetic resource access; license for testing genetically modified organism; license for import of genetically modified organism; certificate of biological safety, license for exchange, purchase and sale, gift, donation, lease of species in list of endangered, precious and rare species prioritized for protection certificate; written confirmation of genetically modified organism eligible to use in making food; written confirmation of genetically modified organism eligible to use in making livestock feed (hereinafter collectively referred to as environmental licenses) or operation suspension with a defined term as prescribed at Clause 2 Article 25 of Law on handling of administrative violations, from 01 month to 24 months, as from decisions on sanctioning administrative violations come into effect,

b) Confiscation of material evidences and means used for commission of administrative violations in the domain of environmental protection (hereinafter collectively referred to as material evidences and means involving administrative violations).

3. In addition to the sanctioning forms specified in Clauses 1 and 2 of this Article, violators in domain of environmental protection may also be subject to one or more remedial measures as follows:

a) Forcible restoration of the original environment state already altered by administrative violations; forcible planting, care and protection of the destroyed areas of conservation zone; restoration of initial habitat for species, revocation of genetic source from activities of illegal genetic source access;

b) Forcible dismantlement of facilities, parts of construction works built in contravention of regulations on environmental protection; forcible dismantlement of facilities, breeding farms, aquaculture zones, houses, tents which are built illegally in conservation zones;

c) Forcible application of measures to remedy environment pollution and measures to protect environment as prescribed by law on environmental protection and biodiversity;

d) Forcible transportation out of the Vietnamese territory or forcible re-export of goods, machinery, equipment, means, raw materials, fuel, materials, scraps, articles, biological preparations and means which are imported or brought into Vietnam in contravention of environmental protection regulations or pollute the environment; Forcible transportation out of the Vietnamese territory or forcible re-export of goods, articles, means which contain alien species, genetically modified organisms, genetic specimens of genetically modified organisms;

e) Forcible destruction of polluting firecrackers, goods, machinery, equipment of means, raw materials, fuel, materials, scraps, articles, biological preparations and means which are imported or brought into Vietnam in contravention of environmental protection regulations or cause damage to human health, livestock and environment; Forcible destruction of invading alien species, genetically modified organisms, genetic specimens of genetically modified organisms not yet had certificate of biological safety;

f) Forcible correction of information which is untrue, causes misleading on environment status of the production, business and service establishments;

g) Forcible removal of infringing elements on environmentally friendly products;

h) Forcible recovery or handling of expired or discarded products under regulations; forcible recovery of results arising from activities of illegal genetic source access;

i) Forcible remittance of illegal benefits gained from commission of administrative violations or Forcible remittance of the amounts equal to value of material evidences and means involving administrative violations which have been sold, dispersed, destroyed in contravention with law

k) Forcible application of measures to reduce noise and vibration, to manage solid waste and dangerous waste, to process waste to satisfy environmental technical regulations; forcible elaboration and implementation of scheme on environmental rehabilitation and restoration; forcible payment of deposit for environmental rehabilitation and restoration, purchase liability insurance for compensation to environmental damages, implement requirements related to activities of environmental protection;

l) Forcible construction and installation of environmental treatment facilities under regulations; forcible proper operation of environmental treatment facilities under regulations;

m) Forcible relocation out of banned zones; proper implementation of regulations on safe distance to protect environment for residential areas;

n) Retrospective collection of deficient or unpaid environmental protection charges under regulations; forcible payment for expenses to solicit the assessment, measure and analyze environment samples in case of violations on discharging waste in excess of environmental technical regulations or polluting environment under the current norms and unit price.

Article 5. The fine levels and sanctioning competence

1. The fine levels for administrative violations defined in section 1, chapter II of this Decree are fine levels applied to administrative violations committed by individuals, the fine levels for administrative violations committed by organizations shall be twice the fine levels of the same administrative violation committed by individuals.

2. The competence to impose sanctions on administrative violations of persons defined in Articles from Article 50 thru Article 53 of this Decree is competence to apply to one administrative violation committed by individuals; in case of fine, the competence to impose sanctions on organizations shall be double the competence to impose sanctions on individuals for respective position.

Article 6. Application of environmental technical regulations and use of environmental parameters to identify acts and the extent of administrative violation in the domain of environmental protection

1. National technical regulations serve as a basis for identifying acts and the extent of administrative violation in the domain of environmental protection when individuals or organizations discharge waste to environment. In case both national and local technical regulations are available, local ones will apply (hereinafter collectively referred to as technical regulations).

2. The number of times in excess of environmental technical regulations shall be determined on the basis of the highest level of observation, supervision, measurement and analysis of one of environmental parameters of waste samples, environmental samples surrounding divided by the permitted maximum value of those parameters in environmental technical regulations.

3. When applying form of imposing fine on act of discharging sewage (Article 13 and Article 14 of this Decree) or exhaust of dust and gas (Article 15 and Article 16 of this Decree) exceeding the environmental technical regulations, if in sewage and dust, gas, there are both hazardous and non-hazardous environmental parameters and value pH also exceeds the environmental technical regulations, parameters respectively with violation of the highest fine of sewage or dust, gas samples shall be selected for sanction.

The remaining environmental parameters exceeding the environmental technical regulations of same waste sample shall be sanctioned increasingly from 1% to 4% of the fine levels for each environmental parameter exceeding that technical regulation but total fines for each violation shall not exceed the maximum fine.

If an establishment or concentrated production, business or service zone has many spot discharging sewage or exhaust of dust, gas in excess of environmental technical regulations, it shall be sanctioned for each such spot of discharge or exhaust.

Article 7. Use of professional technical means and equipment in detecting and sanctioning administrative violations in the domain of environmental protection

1. Agencies and persons competent to sanction administrative violations may use professional technical means and equipment to detect administrative violations in the domain of environmental protection according to regulations on management, use and list of professional technical means and equipment used to detect administrative violations.

2. Agencies and persons competent to sanction administrative violations may use results of verification, measurement and analysis of environmental samples of organizations providing environmental observation services or observation organizations which are designated by competent agencies as basis for sanctioning administrative violations in the domain of environmental protection.

3. In case where functional agencies detected administrative violations through use of professional technical means and equipment to record images, the infringing individuals and organizations have obligation to cooperate with functional agencies to define objects and violations in the domain of environmental protection.

Chapter 2.

SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL PROTECTION

SECTION 1. ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF ENVIRONMENTAL PROTECTION, SANCTIONING FORMS, LEVELS, AND REMEDIAL MEASURES

Article 8. Violation of regulations on implementing environmental protection commitments

1. Violation of regulations on environmental protection commitments of production, business and service activities not subject to making of investment projects shall be sanctioned as follows:

a) A caution on acts of failing to properly realize one of contents of environmental protection commitments already been certified by competent state agencies, except for case defined at point c this clause;

b) A fine of between VND 500,000 and 1.000.000 for acts of failing to fully realize one of contents of environmental protection commitments already been certified by competent state agencies, except for case defined at point d this clause;

c) A fine of between VND 1,000,000 and 1,500,000 for acts of failing to properly build and install, failing to regularly operate or failing to properly operate for the environmental treatment facilities under regulations;

d) A fine of between VND 1,500,000 and 2,000,000 for acts of failing to build and install, failing to operate for the environmental treatment facilities under regulations, in case where waste exceeds environmental technical regulations;

e) A fine of between VND 2,000,000 and 2,500,000 for acts of failing to realize all contents of environmental protection commitments already been certified by competent state agencies;

2. Violations of regulations on implementing environmental protection commitments for entities required to make investment projects shall be sanctioned as follows:

b) A fine of between VND 1,000,000 and 3.000.000 for acts of failing to properly realize one of contents of environmental protection commitments already been certified by competent state agencies, except for case defined at points c and e this clause;

b) A fine of between VND 3,000,000 and 5,000,000 for acts of failing to fully realize one of contents of environmental protection commitments already been certified by competent state agencies, except for case defined at point d and f this clause;

c) A fine of between VND 5,000,000 and 10,000,000 for acts of failing to properly and fully realize program on environmental observation and supervision under regulations (of location, frequency or parameter in environmental supervision);

d) A fine of between VND 10,000,000 and 15,000,000 for acts of failing to realize program on environmental observation and supervision under regulations;

e) A fine of between VND 15,000,000 and 20,000,000 for acts of failing to improperly build and install, failing to regularly operate or improperly operating environmental treatment facilities according to contents of environmental protection commitments already been certified by competent state agencies;

f) A fine of between VND 20,000,000 and 25,000,000 for acts of failing to build and install, failing to operate environmental treatment facilities according to contents of environmental protection commitments already been certified by competent state agencies;

g) A fine of between VND 25,000,000 and 30,000,000 for acts of failing to realize all contents of environmental protection commitments already been certified by competent state agencies.

3. Form of additional sanction:

a) Suspension of establishment’s activities causing environmental pollution, from 01 month to 03 months, for violations specified at point d and point e Clause 1 this Article;

b) Suspension of establishment’s activities causing environmental pollution, from 03 months to 06 months, for violations specified at point f and point g Clause 2 this Article.

4. Remedial measures:

a) Forcible operation which is proper with the process for the environment treatment works, forcible dismantlement of environmental treatment works which are constructed and installed in contravention with provisions on environmental protection or cause environment pollution, for violations specified at point c Clause 1 and point d Clause 2 this Article;

b) Forcible construction and installation of the environment treatment works meeting technical regulations within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations specified at point d and point e Clause 1, point f and point g Clause 2 this Article;

c) Forcible application of measures to remedy environment pollution within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations causing environment pollution specified in this Article.

Article 9. Violations of regulations on implementation of report on environment impact assessment

1. Violations of regulations on implementation of the approved report on environment impact assessment shall be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for act of failing to have written report, reporting later than the prescribed time limit to agencies approved the report on environment impact assessment , regarding the environment management plan;

b) A fine of between VND 10,000,000 and 15,000,000 for act of failing to list publicly the environment management plan of project at location of project implementation and head office of the communal-level People’s Committee where the consultation to the community has been implemented for people to be informed, inspect and supervise;

c) A fine of between VND 15,000,000 and 20,000,000 for act of reporting wrongly with the truth to agencies approved report on environment impact assessment regarding the environment management plan or adjustments, modifications of contents, measures to protect environment in report on environment impact assessment ;

d) A fine of between VND 20,000,000 and 30,000,000 for act of making, approving improperly with one of contents in the environment management plan;

e) A fine of between VND 30,000,000 and 40,000,000 for act of making, approving insufficiently one of contents in the environment management plan;

f) A fine of between VND 40,000,000 and 50,000,000 for act of failing to make, approve the environment management plan under regulations;

g) A fine of between VND 50,000,000 and 60,000,000 for act of implementing improperly, insufficiently one of contents in the environment observation and supervision program under regulations (about position, frequency or parameters of environment supervision);

h) A fine of between VND 60,000,000 and 70,000,000 for act of failing to implement the environment observation and supervision program under regulations;

i) A fine of between VND 70,000,000 and 80,000,000 for act of failing to implement properly with one of contents of the approved report on environment impact assessment, except for cases specified at points a, b, d and g this Clause;

k) A fine of between VND 80,000,000 and 90,000,000 for act of implement insufficiently one of contents of the approved report on environment impact assessment, except for cases specified at points a, b, e, f and m this Clause;

l) A fine of between VND 90,000,000 and 100,000,000 for act of failing to cooperate with the management agencies for environmental protection in inspecting implementation of the environment management plan and works, measures to protect environment, prevent and respond environment incidents; failing to supply sufficiently information and date involving project as requested;

m) A fine of between VND 100,000,000 and 110,000,000 for act of failing to construct and install the works for environmental protection; failing to operate for test on the waste treatment works of project; failing to conduct pre-acceptance test of the works for environmental protection under regulations; failing to make, approve the environment management plan under regulations; failing to make, approve and implement the plan on cleaning lake bed before storing water in case where project has content of investment in construction of irrigation reservoirs or Hydro-power reservoirs;

n) A fine of between VND 110,000,000 and 120,000,000 for act of failing to implement all measures to protect environment in stage of investment preparation and stage of construction of project;

o) A fine of between VND 120,000,000 and 130,000,000 for act of failing to stop immediately activities of project which cause malfunction influencing badly to environment quality and community’s health; failing to organize response for incidents; failing to conduct emergency notice to the provincial environment management agencies and relevant agencies where project is implemented to be directed and cooperated in handling; reporting wrongly with the truth about result of implementation of works, measures to protect environment serving for the operation stage of project or results of measurement, analysis of environmental samples of project improperly with the actual pollution of the discharging sources;

p) A fine of between VND 130,000,000 and 140,000,000 for act of failing to make dossier of requesting for examination and confirmation involving available implementation of works, measures for environmental protection serving for the operation stage of project under regulations and send it to agencies approved reports on environment impact assessment in order to be checked and certified implementation before putting the project into official operation;

q) A fine of between VND 140,000,000 and 150,000,000 for act of failing to have confirmation on available implementation of works, measures for environmental protection serving for the operation stage of project or confirmation on available implementation of one of work items of a invested project in case where project has been divided investment period into many stages before putting the project, works into official operation;

r) A fine of between VND 150,000,000 and 180,000,000 for act of implementing improperly, insufficiently one of contents in confirmation on available implementation of works, measures for environmental protection serving for the operation stage of project or confirmation on available implementation of one of work items of an invested project in case where project has been divided investment period into many stages before putting the project, works into official operation.

2. A fine of between VND 180,000,000 and 200,000,000 for act of failing to make report on environment impact assessment of project under regulations.

3. Form of additional sanction:

Suspension of establishment’s activities or activities causing environmental pollution of concentrated production, business or service zones, from 03 months to 06 months, for violations specified at points m, n, o and q Clause 1 and Clause 2 this Article.

4. Remedial measures:

Forcible construction and installation of environment treatment works meeting technical regulations; forcible implementation of measures to remedy environment pollution within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations specified in this Article.

Article 10. Violations of regulations on service of advisory for making reports on environment impact assessment and providing service of appraising reports on environment impact assessment

1. Violations of regulations on service of advisory for making reports on environment impact assessment to owners of project shall be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for act of failing to have environment officers with 05-year experiences or more in case of possessing university degree, 03-year experience in case of possessing master’s degree, 01-year experience in case of doctor’s degree; failing to have officers trained in specialties related to project at university qualification or higher;

b) A fine of between VND 10,000,000 and 30,000,000 for act of failing to have material-technical establishments, special-use equipment for measurement, sampling, processing, analyzing environment samples, ensuring technically under regulations;

c) A fine of between VND 30,000,000 and 50,000,000 for act of supplying wrongly information and data of project in report on environment impact assessment; reporting wrongly with the truth about environment status where project is performed and adjacent areas;

d) A fine of between VND 80,000,000 and 100,000,000 for act of failing to satisfy sufficiently all conditions for supplying service of advisory for making reports on environment impact assessment but still making reports on environment impact assessment;

e) A fine of between VND 100,000,000 and 150,000,000 for act of providing service of advisory for making reports on environment impact assessment violating provisions in this Clause and causing consequences on environment pollution.

2. Violations of regulations on supplying service of appraisal of reports on environment impact assessment to owners of project shall be sanctioned as follows:

a) A fine of between VND 50,000,000 and 100,000,000 for act of supplying service of appraisal of reports on environment impact assessment upon not being eligible under regulations;

b) A fine of between VND 100,000,000 and 150,000,000 for act of providing service of appraising reports on environment impact assessment violating provisions at point a this Clause and causing consequences on environment pollution.

3. Form of additional sanction:

a) Suspension of activities of supplying services of advisory for making reports on environment impact assessment, from 03 months to 06 months, for violations specified at Clause 1 this Article;

b) Suspension of activities of supplying services of appraising reports on environment impact assessment, from 06 months to 09 months, for violations specified at Clause 2 this Article;

Article 11. Violations of regulations on scheme of environmental protection

1. Violations of regulations on simple schemes and schemes of environmental protection which fall in the confirmation duty of Divisions of Natural Resources and Environment or agencies authorized by the district-level People’s Committees shall be sanctioned as follows:

a) A fine of between VND 1,000,000 and 3,000,000 for act of failing to have written report of agencies conducting confirmation on scheme of environment protection regarding completion of measures for environmental protection under regulations;

b) A fine of between VND 3,000,000 and 5,000,000 for act of implementing improperly with one of contents in the certified scheme of environmental protection, except for cases specified at points a, d and e this Clause;

c) A fine of between VND 5,000,000 and 7,000,000 for act of implementing improperly with one of contents in the certified scheme of environmental protection, except for cases specified at points a, e and g this Clause;

d) A fine of between VND 7,000,000 and 9,000,000 for act of implementing improperly, insufficiently the environment observation and supervision program under regulations (about position, frequency or parameters of environment supervision);

e) A fine of between VND 9,000,000 and 11,000,000 for act of failing to implement the environment observation and supervision program under regulations;

f) A fine of between VND 11,000,000 and 13,000,000 for act of improper construction and installation, failing to operate regularly or operating improperly with the process for the environment treatment works committed in the certified scheme of environmental protection;

g) A fine of between VND 13,000,000 and 15,000,000 for act of failing to construct and install, failing to operate the environment treatment works committed in the certified scheme of environmental protection;

h) A fine of between VND 15,000,000 and 20,000,000 for act of failing to implement all contents in the certified scheme of environmental protection.

2. Violations of regulations on the detailed scheme of environmental protection, scheme on environmental protection in the approval duty of the provincial Services of Natural Resources and Environment, the provincial People’s Committees or agencies authorized by the provincial Services of Natural Resources and Environment, the provincial People’s Committees shall be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for act of failing to have written report of agencies conducting approval for scheme of environment protection regarding completion of measures for environmental protection under regulations;

b) A fine of between VND 10,000,000 and 30,000,000 for act of implementing improperly with one of contents in the approved scheme of environmental protection, except for cases specified at points a, d and f this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for act of implementing insufficiently one of contents in the approved scheme of environmental protection, except for cases specified at points a, e and g this Clause;

d) A fine of between VND 50,000,000 and 60,000,000 for act of implementing improperly, insufficiently the environment observation and supervision program under regulations (about position, frequency or parameters of environment supervision);

e) A fine of between VND 60,000,000 and 70,000,000 for act of failing to implement the environment observation and supervision program under regulations;

f) A fine of between VND 70,000,000 and 80,000,000 for act of improper construction and installation, failing to operate regularly or operating improperly with the process for the environment treatment works committed in the certified scheme of environmental protection;

g) A fine of between VND 80,000,000 and 100,000,000 for act of failing to construct and install, failing to operate the environment treatment works committed in the certified scheme of environmental protection;

h) A fine of between VND 100,000,000 and 150,000,000 for act of failing to implement all contents in the certified scheme of environmental protection.

3. Violations of regulations on the detailed scheme of environmental protection in the approval duty of Ministries and Ministerial-level agencies shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 for act of failing to have written report of agencies conducting approval for scheme of environment protection regarding completion of measures for environmental protection under regulations;

b) A fine of between VND 20,000,000 and 50,000,000 for act of implementing improperly with one of contents in the approved scheme of environmental protection, except for cases specified at points a, d and f this Clause;

c) A fine of between VND 50,000,000 and 60,000,000 for act of implementing insufficiently one of contents in the approved scheme of environmental protection, except for cases specified at points a, e and g this Clause;

d) A fine of between VND 60,000,000 and 70,000,000 for act of implementing improperly, insufficiently the environment observation and supervision program under regulations (about position, frequency or parameters of environment supervision);

e) A fine of between VND 70,000,000 and 80,000,000 for act of failing to implement the environment observation and supervision program;

f) A fine of between VND 80,000,000 and 100,000,000 for act of improper construction and installation, failing to operate regularly or operating improperly with the process for the environment treatment works committed in the approved scheme of environmental protection;

g) A fine of between VND 100,000,000 and 150,000,000 for act of failing to construct and install, failing to operate the environment treatment works committed in the approved scheme of environmental protection;

h) A fine of between VND 150,000,000 and 200,000,000 for act of failing to implement all contents in the approved scheme of environmental protection.

4. Form of additional sanction:

a) Suspension of establishment’s activities causing environmental pollution, from 01 month to 03 months, for violations specified at point g Clause 1, point g Clause 2 and point g Clause 3 this Article;

b) Suspension of activities causing environmental pollution of the concentrated production, business or service zones, from 03 months to 06 months, for violations specified at point g and point h Clause 1, point g and point h Clause 2 and point g and point h Clause 3 this Article;

c) Suspension of establishment’s activities, from 06 month to 09 months, for violations specified at point h Clause 1, point h Clause 2 and point h Clause 3 of this Article.

5. Remedial measures:

a) Forcible operation which is proper with the process for the environment treatment works, for violations specified at point f and point g Clause 1 and point g Clause 2 and point f and point g Clause 3 of this Article;

b) Forcible construction and installation of the environment treatment works within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations specified at point g and point h Clause 1, point g and point h Clause 2, and point g and point h clause 3 of this Article;

c) Forcible dismantlement of the environment treatment works which are constructed and installed improperly with contents in the certified or approved schemes of environmental protection in case where such works violate regulations on environmental protection or cause environment pollution, for violations specified at point f Clause 1, point f Clause 2 and point f Clause 3 this Article;

d) Forcible application of measures to remedy environment pollution within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations causing environment pollution specified in this Article.

Article 12. Violations of regulations on environmental protection in production, business and service activities without commitments on environmental protection or reports on environment impact assessment

1.For production, business and service activities with scale and output equivalent to cases required for making commitments on environmental protection of objects not required for making investment project shall be sanctioned as follows:

a) A fine of between VND 500,000 and 1,000,000 for act of failing to apply measures to prevent and limit adverse impacts to environment due to activities of individuals, organizations; failing to implement remedy of environment pollution due to activities of individuals, organizations;

b) A fine of between VND 1,000,000 and 1,500,000 for act of letting leakage, dispersing emitted gas, toxic steam, gas to environment; failing to apply measures to limit noise, heat emission causing adverse influences to environment and people;

c) A fine of between VND 1,500,000 and 2,000,000 for act of failing to have a system of sewage and gas treatment satisfying technical regulations on environment;

d) A fine of between VND 2,000,000 and 3,000,000 for act of failing to have a certified commitment on environmental protection under regulations.

2. For production, business and service activities with scale and output equivalent to cases required for making commitments on environmental protection of objects required for making investment project shall be sanctioned as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for act of failing to apply measures to prevent and limit adverse impacts to environment due to activities of individuals, organizations; failing to implement remedy of environment pollution due to activities of individuals, organizations; failing to implement the reporting regime and environment observation under regulations;

b) A fine of between VND 10,000,000 and 30,000,000 for act of failing to have a system of collecting sewage which is separate from system of storm water drainage in case of having sewage from production in excess of environment technical regulations; failing to have sufficiently equipment, devices for collecting, storing, classifying solid waste at source; letting leakage, dispersing emitted gas, toxic steam, gas to environment; failing to apply measures to limit noise, heat emission causing adverse influences to surrounding environment and people;

c) A fine of between VND 30,000,000 and 40,000,000 for act of failing to have a system of sewage and gas treatment satisfying technical regulations on environment; designing, installing pipelines, valves improperly with process of waste treatment;

d) A fine of between VND 40,000,000 and 50,000,000 for act of failing to have a certified commitment on environmental protection under regulations.

3. For production, business and service activities with scale and output equivalent to cases required for making reports on environment impact assessment to submit to Ministries, Ministerial-level agencies and the provincial People’s Committees for approval shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and 50,000,000 for act of failing to apply measures to prevent and limit adverse impacts to environment due to activities of individuals, organizations; failing to implement remedy of environment pollution due to activities of individuals, organizations; failing to implement the reporting regime and environment observation under regulations;

b) A fine of between VND 50,000,000 and 100,000,000 for act of failing to have a system of collecting sewage which is separate from system of storm water drainage in case of having sewage from production in excess of environment technical regulations; failing to have sufficiently equipment, devices for collecting, storing, classifying solid waste at source; letting leakage, dispersing emitted gas, toxic steam, gas to environment; failing to apply measures to limit noise, heat emission causing adverse influences to surrounding environment and people;

c) A fine of between VND 100,000,000 and 200,000,000 for act of failing to have a system of sewage and gas treatment satisfying technical regulations on environment; designing, installing pipelines, valves improperly with process of waste treatment;

d) A fine of between VND 200,000,000 and 250,000,000 for act of failing to have an approved report on environment impact assessment under regulations.

4. Form of additional sanction:

Suspension of establishment’s activities or activities causing environmental pollution of concentrated production, business or service zones, from 06 months to 12 months, for violations specified at point d Clause 1, point d Clause 2 and point d Clause 3 this Article.

5. Remedial measures:

a) Forcible application of measures to manage solid waste, hazardous waste,minimize noise and vibration, and process sewage, emitted gas to meet technical regulations on waste within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations specified in this Article;

b) Forcible application of measures to remedy environment pollution within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations causing environment pollution specified in this Article.

Article 13. Violations of regulations on discharging sewage with non-hazardous environment parameters into environment

1. Act of discharging sewage less than twice in excess of technical regulations on waste shall be sanctioned as follows:

a) A fine of between VND 1,000,000 and 5,000,000 in case of discharging volume of sewage less than 05 m³/day (24 hours);

b) A fine of between VND 5,000,000 and 20,000,000 in case of discharging volume of sewage of between 05 m³/day (24 hours) and less than 10 m³/day (24 hours);

c) A fine of between VND 20,000,000 and 30,000,000 in case of discharging volume of sewage of between 10 m³/day (24 hours) and less than 20 m³/day (24 hours);

d) A fine of between VND 30,000,000 and 50,000,000 in case of discharging volume of sewage of between 20 m³/day (24 hours) and less than 40 m³/day (24 hours);

e) A fine of between VND 50,000,000 and 100,000,000 in case of discharging volume of sewage of between 40 m³/day (24 hours) and less than 60 m³/day (24 hours);

f) A fine of between VND 100,000,000 and 110,000,000 in case of discharging volume of sewage of between 60 m³/day (24 hours) and less than 80 m³/day (24 hours);

g) A fine of between VND 110,000,000 and 120,000,000 in case of discharging volume of sewage of between 80 m³/day (24 hours) and less than 100 m³/day (24 hours);

h) A fine of between VND 120,000,000 and 130,000,000 in case of discharging volume of sewage of between 100 m³/day (24 hours) and less than 200 m³/day (24 hours);

i) A fine of between VND 130,000,000 and 140,000,000 in case of discharging volume of sewage of between 200 m³/day (24 hours) and less than 400 m³/day (24 hours);

k) A fine of between VND 140,000,000 and 150,000,000 in case of discharging volume of sewage of between 400 m³/day (24 hours) and less than 600 m³/day (24 hours);

l) A fine of between VND 150,000,000 and 160,000,000 in case of discharging volume of sewage of between 600 m³/day (24 hours) and less than 800 m³/day (24 hours);

m) A fine of between VND 160,000,000 and 180,000,000 in case of discharging volume of sewage of between 800 m³/day (24 hours) and less than 1,000 m³/day (24 hours);

n) A fine of between VND 180,000,000 and 200,000,000 in case of discharging volume of sewage of between 1,000 m³/day (24 hours) and less than 1,500 m³/day (24 hours);

o) A fine of between VND 200,000,000 and 220,000,000 in case of discharging volume of sewage of between 1,500 m³/day (24 hours) and less than 2,000 m³/day (24 hours);

p) A fine of between VND 220,000,000 and 250,000,000 in case of discharging volume of sewage of between 2,000 m³/day (24 hours) and less than 2,500 m³/day (24 hours);

q) A fine of between VND 250,000,000 and 300,000,000 in case of discharging volume of sewage of between 2,500 m³/day (24 hours) and less than 3,000 m³/day (24 hours);

r) A fine of between VND 300,000,000 and 350,000,000 in case of discharging volume of sewage of between 3,000 m³/day (24 hours) and less than 3,500 m³/day (24 hours);

s) A fine of between VND 350,000,000 and 400,000,000 in case of discharging volume of sewage of between 3,500 m³/day (24 hours) and less than 4,000 m³/day (24 hours);

t) A fine of between VND 400,000,000 and 450,000,000 in case of discharging volume of sewage of between 4,000 m³/day (24 hours) and less than 4,500 m³/day (24 hours);

u) A fine of between VND 450,000,000 and 500,000,000 in case of discharging volume of sewage of between 4,500 m³/day (24 hours) and less than 5,000 m³/day (24 hours);

w) A fine of between VND 500,000,000 and 550,000,000 in case of discharging volume of sewage of between 5,000 m³/day (24 hours) and less than 6,000 m³/day (24 hours);

v) A fine of between VND 550,000,000 and 600,000,000 in case of discharging volume of sewage of between 6,000 m³/day (24 hours) and less than 8,000 m³/day (24 hours);

x) A fine of between VND 600,000,000 and 650,000,000 in case of discharging volume of sewage of between 8,000 m³/day (24 hours) and less than 10,000 m³/day (24 hours);

y) A fine of between VND 650,000,000 and 700,000,000 in case of discharging volume of sewage of 10,000 m³/day (24 hours) or more.

2. Act of discharging sewage twice and less than 05 times in excess of technical regulations on waste shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and 20,000,000 in case of discharging volume of sewage less than 05 m³/day (24 hours);

b) A fine of between VND 20,000,000 and 30,000,000 in case of discharging volume of sewage of between 05 m³/day (24 hours) and less than 10 m³/day (24 hours);

c) A fine of between VND 30,000,000 and 50,000,000 in case of discharging volume of sewage of between 10 m³/day (24 hours) and 20 m³/day (24 hours);

d) A fine of between VND 50,000,000 and 100,000,000 in case of discharging volume of sewage of between 20 m³/day (24 hours) and less than 40 m³/day (24 hours);

e) A fine of between VND 100,000,000 and 110,000,000 in case of discharging volume of sewage of between 40 m³/day (24 hours) and less than 60 m³/day (24 hours);

f) A fine of between VND 110,000,000 and 120,000,000 in case of discharging volume of sewage of between 60 m³/day (24 hours) and less than 80 m³/day (24 hours);

g) A fine of between VND 120,000,000 and 130,000,000 in case of discharging volume of sewage of between 80 m³/day (24 hours) and less than 100 m³/day (24 hours);

h) A fine of between VND 130,000,000 and 140,000,000 in case of discharging volume of sewage of between 100 m³/day (24 hours) and less than 200 m³/day (24 hours);

i) A fine of between VND 140,000,000 and 150,000,000 in case of discharging volume of sewage of between 200 m³/day (24 hours) and less than 400 m³/day (24 hours);

k) A fine of between VND 150,000,000 and 160,000,000 in case of discharging volume of sewage of between 400 m³/day (24 hours) and less than 600 m³/day (24 hours);

l) A fine of between VND 160,000,000 and 180,000,000 in case of discharging volume of sewage of between 600 m³/day (24 hours) and less than 800 m³/day (24 hours);

m) A fine of between VND 180,000,000 and 200,000,000 in case of discharging volume of sewage of between 800 m³/day (24 hours) and less than 1,000 m³/day (24 hours);

n) A fine of between VND 200,000,000 and 220,000,000 in case of discharging volume of sewage of between 1,000 m³/day (24 hours) and less than 1,500 m³/day (24 hours);

o) A fine of between VND 220,000,000 and 250,000,000 in case of discharging volume of sewage of between 1,500 m³/day (24 hours) and less than 2,000 m³/day (24 hours);

p) A fine of between VND 250,000,000 and 300,000,000 in case of discharging volume of sewage of between 2,000 m³/day (24 hours) and less than 2,500 m³/day (24 hours);

q) A fine of between VND 300,000,000 and 350,000,000 in case of discharging volume of sewage of between 2,500 m³/day (24 hours) and less than 3,000 m³/day (24 hours);

r) A fine of between VND 350,000,000 and 400,000,000 in case of discharging volume of sewage of between 3,000 m³/day (24 hours) and less than 3,500 m³/day (24 hours);

s) A fine of between VND 400,000,000 and 450,000,000 in case of discharging volume of sewage of between 3,500 m³/day (24 hours) and less than 4,000 m³/day (24 hours);

t) A fine of between VND 450,000,000 and 500,000,000 in case of discharging volume of sewage of between 4,000 m³/day (24 hours) and less than 4,500 m³/day (24 hours);

u) A fine of between VND 500,000,000 and 550,000,000 in case of discharging volume of sewage of between 4,500 m³/day (24 hours) and less than 5,000 m³/day (24 hours);

w) A fine of between VND 550,000,000 and 600,000,000 in case of discharging volume of sewage of between 5,000 m³/day (24 hours) and less than 6,000 m³/day (24 hours);

v) A fine of between VND 600,000,000 and 650,000,000 in case of discharging volume of sewage of between 6,000 m³/day (24 hours) and less than 8,000 m³/day (24 hours);

x) A fine of between VND 650,000,000 and 700,000,000 in case of discharging volume of sewage of between 8,000 m³/day (24 hours) and less than 10,000 m³/day (24 hours);

y) A fine of between VND 700,000,000 and 750,000,000 in case of discharging volume of sewage of 10,000 m³/day (24 hours) or more.

3. Act of discharging sewage of between 05 times and less than 10 times in excess of technical regulations on waste shall be sanctioned as follows:

a) A fine of between VND 20,000,000 and 30,000,000 in case of discharging volume of sewage less than 05 m³/day (24 hours);

b) A fine of between VND 30,000,000 and 50,000,000 in case of discharging volume of sewage of between 05 m³/day (24 hours) and less than 10 m³/day (24 hours);

c) A fine of between VND 50,000,000 and 100,000,000 in case of discharging volume of sewage of between 10 m³/day (24 hours) and 20 m³/day (24 hours);

d) A fine of between VND 100,000,000 and 100,000,000 in case of discharging volume of sewage of between 20 m³/day (24 hours) and less than 40 m³/day (24 hours);

e) A fine of between VND 110,000,000 and 120,000,000 in case of discharging volume of sewage of between 40 m³/day (24 hours) and less than 60 m³/day (24 hours);

f) A fine of between VND 120,000,000 and 130,000,000 in case of discharging volume of sewage of between 60 m³/day (24 hours) and less than 80 m³/day (24 hours);

g) A fine of between VND 130,000,000 and 140,000,000 in case of discharging volume of sewage of between 80 m³/day (24 hours) and less than 100 m³/day (24 hours);

h) A fine of between VND 140,000,000 and 150,000,000 in case of discharging volume of sewage of between 100 m³/day (24 hours) and less than 200 m³/day (24 hours);

i) A fine of between VND 150,000,000 and 160,000,000 in case of discharging volume of sewage of between 200 m³/day (24 hours) and less than 400 m³/day (24 hours);

k) A fine of between VND 160,000,000 and 180,000,000 in case of discharging volume of sewage of between 400 m³/day (24 hours) and less than 600 m³/day (24 hours);

l) A fine of between VND 180,000,000 and 200,000,000 in case of discharging volume of sewage of between 600 m³/day (24 hours) and less than 800 m³/day (24 hours);

m) A fine of between VND 200,000,000 and 220,000,000 in case of discharging volume of sewage of between 800 m³/day (24 hours) and less than 1,000 m³/day (24 hours);

n) A fine of between VND 220,000,000 and 250,000,000 in case of discharging volume of sewage of between 1,000 m³/day (24 hours) and less than 1,500 m³/day (24 hours);

o) A fine of between VND 250,000,000 and 300,000,000 in case of discharging volume of sewage of between 1,500 m³/day (24 hours) and less than 2,000 m³/day (24 hours);

p) A fine of between VND 300,000,000 and 350,000,000 in case of discharging volume of sewage of between 2,000 m³/day (24 hours) and less than 2,500 m³/day (24 hours);

q) A fine of between VND 350,000,000 and 400,000,000 in case of discharging volume of sewage of between 2,500 m³/day (24 hours) and less than 3,000 m³/day (24 hours);

r) A fine of between VND 400,000,000 and 450,000,000 in case of discharging volume of sewage of between 3,000 m³/day (24 hours) and less than 3,500 m³/day (24 hours);

s) A fine of between VND 450,000,000 and 500,000,000 in case of discharging volume of sewage of between 3,500 m³/day (24 hours) and less than 4,000 m³/day (24 hours);

t) A fine of between VND 500,000,000 and 550,000,000 in case of discharging volume of sewage of between 4,000 m³/day (24 hours) and less than 4,500 m³/day (24 hours);

u) A fine of between VND 550,000,000 and 600,000,000 in case of discharging volume of sewage of between 4,500 m³/day (24 hours) and less than 5,000 m³/day (24 hours);

w) A fine of between VND 600,000,000 and 650,000,000 in case of discharging volume of sewage of between 5,000 m³/day (24 hours) and less than 6,000 m³/day (24 hours);

v) A fine of between VND 650,000,000 and 700,000,000 in case of discharging volume of sewage of between 6,000 m³/day (24 hours) and less than 8,000 m³/day (24 hours);

x) A fine of between VND 700,000,000 and 750,000,000 in case of discharging volume of sewage of between 8,000 m³/day (24 hours) and less than 10,000 m³/day (24 hours);

y) A fine of between VND 750,000,000 and 850,000,000 in case of discharging volume of sewage of 10,000 m³/day (24 hours) or more.

4. Act of discharging sewage of 10 times or more in excess of technical regulations on waste shall be sanctioned as follows:

a) A fine of between VND 30,000,000 and 50,000,000 in case of discharging volume of sewage less than 05 m³/day (24 hours);

b) A fine of between VND 50,000,000 and 100,000,000 in case of discharging volume of sewage of between 05 m³/day (24 hours) and less than 10 m³/day (24 hours);

c) A fine of between VND 100,000,000 and 110,000,000 in case of discharging volume of sewage of between 10 m³/day (24 hours) and 20 m³/day (24 hours);

d) A fine of between VND 110,000,000 and 120,000,000 in case of discharging volume of sewage of between 20 m³/day (24 hours) and less than 40 m³/day (24 hours);

e) A fine of between VND 120,000,000 and 130,000,000 in case of discharging volume of sewage of between 40 m³/day (24 hours) and less than 60 m³/day (24 hours);

f) A fine of between VND 130,000,000 and 140,000,000 in case of discharging volume of sewage of between 60 m³/day (24 hours) and less than 80 m³/day (24 hours);

g) A fine of between VND 140,000,000 and 150,000,000 in case of discharging volume of sewage of between 80 m³/day (24 hours) and less than 100 m³/day (24 hours);

h) A fine of between VND 150,000,000 and 160,000,000 in case of discharging volume of sewage of between 100 m³/day (24 hours) and less than 200 m³/day (24 hours);

i) A fine of between VND 160,000,000 and 180,000,000 in case of discharging volume of sewage of between 200 m³/day (24 hours) and less than 400 m³/day (24 hours);

k) A fine of between VND 180,000,000 and 200,000,000 in case of discharging volume of sewage of between 400 m³/day (24 hours) and less than 600 m³/day (24 hours);

l) A fine of between VND 200,000,000 and 220,000,000 in case of discharging volume of sewage of between 600 m³/day (24 hours) and less than 800 m³/day (24 hours);

m) A fine of between VND 220,000,000 and 250,000,000 in case of discharging volume of sewage of between 800 m³/day (24 hours) and less than 1,000 m³/day (24 hours);

n) A fine of between VND 250,000,000 and 300,000,000 in case of discharging volume of sewage of between 1,000 m³/day (24 hours) and less than 1,500 m³/day (24 hours);

o) A fine of between VND 300,000,000 and 350,000,000 in case of discharging volume of sewage of between 1,500 m³/day (24 hours) and less than 2,000 m³/day (24 hours);

p) A fine of between VND 350,000,000 and 400,000,000 in case of discharging volume of sewage of between 2,000 m³/day (24 hours) and less than 2,500 m³/day (24 hours);

q) A fine of between VND 400,000,000 and 450,000,000 in case of discharging volume of sewage of between 2,500 m³/day (24 hours) and less than 3,000 m³/day (24 hours);

r) A fine of between VND 450,000,000 and 500,000,000 in case of discharging volume of sewage of between 3,000 m³/day (24 hours) and less than 3,500 m³/day (24 hours);

s) A fine of between VND 500,000,000 and 550,000,000 in case of discharging volume of sewage of between 3,500 m³/day (24 hours) and less than 4,000 m³/day (24 hours);

t) A fine of between VND 550,000,000 and 600,000,000 in case of discharging volume of sewage of between 4,000 m³/day (24 hours) and less than 4,500 m³/day (24 hours);

u) A fine of between VND 600,000,000 and 650,000,000 in case of discharging volume of sewage of between 4,500 m³/day (24 hours) and less than 5,000 m³/day (24 hours);

w) A fine of between VND 650,000,000 and 700,000,000 in case of discharging volume of sewage of between 5,000 m³/day (24 hours) and less than 6,000 m³/day (24 hours);

v) A fine of between VND 700,000,000 and 750,000,000 in case of discharging volume of sewage of between 6,000 m³/day (24 hours) and less than 8,000 m³/day (24 hours);

x) A fine of between VND 750,000,000 and 850,000,000 in case of discharging volume of sewage of between 8,000 m³/day (24 hours) and less than 10,000 m³/day (24 hours);

y) A fine of between VND 850,000,000 and 950,000,000 in case of discharging volume of sewage of 10,000 m³/day (24 hours) or more.

5. An increase of 1% of the corresponding fine, for violations specified in this article for each environment parameter less than twice in excess of technical regulations; 2% for each environment parameter of between twice and less than 05 times in excess of technical regulations; 3% for each environment parameter of between 05 and less than 10 times in excess of technical regulations; 4% for each environment parameter of 10 times or more in excess of technical regulations. Total fine level for each violation shall not exceed VND 1,000,000,000.

6. Form of additional sanction:

a) Suspension of activities causing environmental pollution implemented by establishments or the concentrated production, business or service zones, from 03 months to 06 months, for violations specified at points i, k, l, m, n, o, p, q, r, s, t and u Clause 2, points h, i, k, l, m, n, o, p, q, r, s and t Clause 3 and points g, h, i, k, l, m, n, o, p, q, r and s Clause 4 of this Article;

b) Suspension of establishment’s activities or activities causing environmental pollution of concentrated production, business or service zones, from 06 months to 12 months, for violations specified at points w, v, x and y Clause 2, points u, w, v, x and y Clause 3 and points t, u, w, v, x and y Clause 4 of this Article.

7. Remedial measures:

a) Forcible application of measures to remedy environment pollution within a time limit set by person competent to sanction in decision on sanction of administrative violation, for violations causing environment pollution specified in this Article;

b) Forcible return of illegal benefits gained from committing administrative violations for violations specified in this Article;

c) Forcible payment of funding for verification by experts, measurement and analysis of environment samples in case of violations on discharging waste in excess of environment technical regulations or causing environment pollution according to the current norm and unit price for violations specified in this Article.

Article 14. Violations of regulations on discharging sewage with hazardous environment parameters into environment

1. Act of discharging sewage less than twice in excess of technical regulations on waste shall be sanctioned as follows:

a) A fine of between VND 3,000,000 and 5,000,000 in case of discharging volume of sewage less than 05 m³/day (24 hours);

b) A fine of between VND 5,000,000 and 30,000,000 in case of discharging volume of sewage of between 05 m³/day (24 hours) and less than 10 m³/day (24 hours);