Decree 03/2022/ND-CP sanctioning administrative violations in natural disaster prevention, irrigation, and dikes

 DECREE

On sanctioning of administrative violations in the fields of natural disaster prevention and control; irrigation; and dikes

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012 and the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to the Law on Natural disaster Prevention and Control dated June 19, 2013;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Natural disaster Prevention and Control and the Law on Dikes dated June 17, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government hereby promulgates the Decree on sanctioning of administrative violations in the fields of natural disaster prevention and control; irrigation; and dikes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for administrative violations, sanctions, sanctioning levels, remedial measures, competence to make minutes of administrative violations and competence to sanction administrative violations, with respect to administrative violations in the fields of natural disaster prevention and control; irrigation; and dikes.

2. Administrative violations in the fields of natural disaster prevention and control; irrigation; and dikes that are not stipulated in this Decree shall be sanctioned in accordance with the decrees providing for sanctioning of administrative violations in relevant fields of state management.

Article 2. Subjects of application

1. Vietnamese organizations and individuals; foreign organizations and individuals committing administrative violations in the fields of natural disaster prevention and control; irrigation; dikes within the territory of the Socialist Republic of Vietnam.

2. Persons having competence to make minutes of administrative violations and competence to sanction administrative violations.

3. Other individuals and organizations concerned.

4. Organizations prescribed in Clause 1 of this Article include:

a) Limited liability companies, joint-stock companies, partnerships and private enterprises established under the Law on Enterprises;

b) Cooperatives, cooperative unions, cooperative groups established and operating under the Law on Irrigation and Law on Cooperatives;

c) Foreign investors being foreign-invested organizations, and economic organizations in accordance with the Law on Investment and the Commercial Law;

d) State agencies committing any violation that is not within the assigned state management tasks;

dd) Socio-political organizations, socio-political-professional organizations; socio-professional organizations; social organizations;

e) Non-business units;

g) Branches, representative offices, business locations;

h) Other organizations as prescribed by law.

5. Household businesses, households and residential communities committing administrative violations prescribed in this Decree shall be subject to the monetary fine level applicable to individuals.

Article 3. Sanctions

1. Principal sanctions:

a) Caution;

b) Fine.

2. Additional sanctions:

a) Deprivation of the right to use licenses;

b) Confiscation of material evidences of administrative violations or means used for commission of administrative violations.

Article 4. Remedial measures

1. The remedial measures prescribed at Point a and Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations include:

a) Forcible restoration of the original state;

b) Forcible refund of illicit profits earned through the commission of administrative violations.

2. Other remedial measures include:

a) Forcible continuation of relief activities;

b) Forcible contribution to the Natural Disaster Prevention and Control Fund;

c) Forcible replanting of wave-breaking trees that have been destroyed; grasses that have been dug, uprooted, or cleared;

d) Forcible repair of damage caused to dike workss;

dd) Forcible return of supplies reserved for flood, storm, and inundation prevention and control.

Article 5. Statute of limitations for handling administrative violations

1. Statute of limitations for handling administrative violations.

a) In the field of natural disaster prevention and control and irrigation, the statute of limitations for handling an administrative violation shall be 01 year;

b) In the field of dikes, the statute of limitations for handling an administrative violation shall be 02 years.

2. The statute of limitations for sanctioning an administrative violation is counted as follows:

a) For an in-progress administrative violation prescribed in Clause 3 of this Article, the statute of limitations is counted from the date on which that the person competent to perform official duties detects such violation;

b) For a completed administrative violation prescribed in Clause 4 of this Article, the statute of limitations is counted from the time when the violation stops.

3. The administrative violations prescribed in Clause 1 Article 9; Point a Clause 7, Clause 8 Article 24; Clauses 7, 8 and 9 Article 27 of this Decree are in-progress administrative violations.

4. The administrative violations prescribed in Articles 16, 17 and 36 of this Decree are completed ones. The date on which a violation stops is determined as follows:

a) The date on which an administrative violation related to formulation, approval and implementation of a natural disaster prevention and control plan prescribed in Article 16 of this Decree stops is the end of December 31 of each year;

b) The date on which a violation related to contribution to the Natural Disaster Prevention and Control Fund prescribed in Article 17 of this Decree stops is determined as follows:

For violations prescribed in Clause 1 Article 17, the date is the deadline for making contribution to the Fund or the deadline for suspending contribution to the Fund as prescribed in Decree No. 78/2021/ND-CP dated August 01, 2021, on establishment and management of Natural Disaster Prevention and Control Funds.

For violations prescribed in Clause 2 Article 17, the date is the deadline for submitting the list of plans for collection and contribution to the Fund as requested in writing by a competent agency;

c) The date on which a violation related to mobilization of resources for dyke protection or rescue at works related to dike works safety prescribed in Article 36 of this Decree stops is the date of completing the dyke protection or rescue at works related to dike works safety.

5. For other administrative violations prescribed in this Decree, except for the violations provided in Clauses 3 and 4 of this Article, if the time of stoppage of the violation cannot be determined, such violations shall be regarded as in-progress violations.

Article 6. Fine levels and sanctioning competence

1. The maximum fine levels are prescribed as follows:

a) In the field of natural disaster prevention and control, the maximum fine is VND 50,000,000;

b) In the field of dikes, the maximum fine is VND 100,000,000;

c) In the field of irrigation, the maximum fine is VND 250,000,000.

2. The fines for administrative violations prescribed in this Decree are those imposed on individuals, except for the violations prescribed in Article 16 and Clause 2 Article 17 of this Decree, which are imposed on organizations.

3. For the same administrative violation, the fine imposed on an organization shall be twice that imposed on an individual.

4. The maximum fines imposed by the persons prescribed in Chapter V of this Decree are imposed for administrative violation committed by an individual; the maximum fine such a person may impose upon an organization is twice that imposed on an individual.

5. For mineral extraction acts prescribed in Clause 2 Article 11, Point dd Clause 6 Article 24, Point a Clause 2 Article 26, and Clause 6 Article 27 of this Decree, in addition to being sanctioned under this Decree, such acts shall also be subject to consideration for sanctioning under the law on sanctioning of administrative violations in the field of water resources and minerals.

6. For acts of encroaching upon river beaches, riverbeds, streams, canals, ditches, and seashores prescribed in Clause 1 Article 11 of this Decree, in addition to being sanctioned under this Decree, such acts shall also be subject to consideration for sanctioning under the law on sanctioning of administrative violations in the field of land.

7. For acts of waste disposal prescribed in Article 10, Article 20, and Article 29 of this Decree, in addition to being sanctioned under this Decree, such acts shall also be subject to consideration for sanctioning under the law on sanctioning of administrative violations in the field of environmental protection.

Article 7. Procedures for sanctioning violations concurrently prescribed in the Penal Code

1. Upon detecting a violation as prescribed at Point a, Point b Clause 2 Article 14 and Article 36 of this Decree, the person competent to handle the case shall transfer the case dossier to a criminal procedure-conducting agency for consideration of criminal prosecution as prescribed in Clause 1, Clause 2 and Clause 4 Article 62 of the Law on Handling of Administrative Violations.

2. If the criminal procedure-conducting agency issues a decision not to institute a criminal case; decision to cancel the decision to institute a criminal case; decision to cease investigation of the criminal case, decision to cease investigation against the accused; decision to cease investigation of the criminal case against the accused; decision to cease a case, or decision to cancel the decision on initiation of criminal charges and returns the case dossier to the person having transferred the dossier, the case dossier shall be forwarded to the person competent to sanction administrative violations in accordance with Clause 3 Article 62 and Article 63 of the Law on Handling of Administrative Violations for sanctioning in accordance with this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS, SANCTIONS AND FINES AND REMEDIAL MEASURES IN THE FIELD OF NATURAL DISASTER PREVENTION AND CONTROL

Article 8. Violations related to operation and use of natural disaster prevention and control works

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of arbitrarily operating or obstructing operation of revetment works, landslide prevention works, land subsidence prevention works, flash flood prevention works, natural disaster warning works.

2. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for the act of failing to anchor, stop or park vessels or other means at prescribed places at the locations of natural disaster prevention and control works, except for the case prescribed in Clause 1 Article 35 of this Decree.

3. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for the act of deliberately using for improper purposes natural disaster prevention and control works.

Article 9. Violations related to protection of safety of natural disaster prevention and control works

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of damaging revetment works, landslide prevention works, works serving land subsidence, flash flood prevention works and natural disaster warning works, causing damage of less than VND 100,000,000.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of infringing upon revetment works, landslide prevention works, works serving land subsidence, flash flood prevention works and natural disaster warning works, which is not serious enough for penal liability examination as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of constructing a work with an area of less than 05 m²;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of constructing a work with an area from 05 m² to less than 10 m²;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of constructing a work with an area from 10 m² to less than 20 m²;

d) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of constructing a work with an area from 20 m² to less than 30 m²;

dd) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of constructing a work with an area of 30 m² or more.

3. Additional sanctions:

Confiscation of material evidences and means of administrative violations if any of the violations prescribed in Clauses 1 and 2 of this Article.

4. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1 and 2 of this Article.

Article 10. Acts of dumping soil and waste to, storing raw materials, materials, supplies and means at natural disaster prevention and control works

1. Fines shall be imposed for the act of the acts of dumping soil and waste to, storing raw materials, materials, supplies and means at revetment works, landslide prevention works, works serving land subsidence, flash flood prevention works and natural disaster warning works as follows:

a) A fine of between VND 1,000,000 and VND 3,000,000, for a volume of less than 03 m³;

b) A fine of between VND 3,000,000 and VND 4,000,000, for a volume from 03 m³ to less than 05 m³;

c) A fine of between VND 4,000,000 and VND 5,000,000, for a volume from 05 m³ to less than 10 m³;

d) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 10 m³ to less than 50 m³;

dd) A fine of between VND 20,000,000 and VND 30,000,000, for a volume from 50 m³ to less than 200 m³;

e) A fine of between VND 30,000,000 and VND 40,000,000, for a volume from 200 m³ to less than 500 m³;

g) A fine of between VND 40,000,000 and VND 50,000,000, for a volume of 500 m³ or more.

2. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clause 1 of this Article.

Article 11. Violations increasing natural disaster risks

1. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of encroaching upon river stretches, riverbed, stream, channel or coast that increases natural disaster risks without taking any remedial measures.

2. Fines for violations related to mineral mining that increase natural disaster risks as follows:

a) A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of mining minerals that increases natural disaster risks without taking any remedial measures;

b) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of mining minerals resulting in riverbank, stream, channel or coastal erosion.

3. Additional sanctions:

Confiscation of material evidences and means of administrative violations, for violations prescribed in Clause 2 of this Article.

4. Remedial measures:

a) Forcible restoration of the original state for the violation prescribed in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations prescribed in Clause 2 of this Article.

Article 12. Violations related to implementation of natural disaster response

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to follow the competent agency’s or competent person’s directions and commands over natural disaster prevention and control, except for provisions prescribed in Clause 3 of this Article.

2. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of failing to provide information or providing false information about the locations and status of vessels, boats or means operating at sea, on rivers, lakes, channels or lagoons to local governments or competent functional agencies when a natural disaster occurs.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on any owner of a ship, boat or vessel operating at sea, on a river, lake, channel or lagoon who fails to follow the competent person’s directions and commands over natural disaster prevention and control.

Article 13. Violations related to rescue and salvage in natural disaster prevention and control

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of knowing that another person is in distress but failing to promptly report to competent rescue forces for rescue at sea, on rivers, lagoons, streams, ponds, lakes or channels.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to give aid to persons or means in distress at sea, rivers, lagoons, streams, ponds, lakes or channels, which is not serious enough for penal liability examination, except where conditions are lacking or in force majeure circumstances.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of requesting rescue or salvage but failing to cooperate when rescue or salvage forces approach.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of giving a false distress alert to request rescue for vessels, boats and means operating at sea and on rivers and lakes.

Article 14. Violations related to remediation of natural disaster consequences

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of deliberately making false statement about damage caused by natural disasters.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts:

a) Using for improper purposes or causing loss of relief or providing relief to incorrect beneficiaries, which is not serious enough for penal liability examination;

b) Appropriating relief, which is not serious enough for penal liability examination;

c) Failing to promptly perform relief tasks.

3. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations prescribed in Clause 1 of this Article;

b) Forcible continuation of relief activities due to committing the violations prescribed in Clause 2 of this Article.

Article 15. Violations related to compliance with natural disaster prevention and control requirements in the management, operation, use, construction, rehabilitation and renovation of works

1. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for the act of failing to comply with natural disaster prevention and control requirements during management, operation and use of mineral mining areas and areas intended for mining of other natural resources; urban areas; tourist sites, tourism areas; industrial parks; rural residential clusters; natural disaster prevention and control works, traffic works, electricity works and other technical infrastructure works as follows:

a) Failing to establish, consolidate, train, retrain, or conduct rehearsals to improve professional competence, or failing to provide adequate tools, equipment, communication means, and protective gear to meet natural disaster prevention and control and search and rescue requirements for forces engaged in natural disaster prevention and control;

b) Failing to formulate and promulgate internal rules and regulations on management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historical relic zones; tourist sites and works in compliance with natural disaster prevention and control requirements;

c) Failing to provide warnings on natural disaster-related risks or incidents for works, infrastructure items, and adjacent areas capable of increasing natural disaster risks;

d) Failing to implement maintenance and repair regimes for works and infrastructure items; failing to control repair and upgrading activities or construction, reinforcement, and expansion of infrastructure items that increase natural disaster risks or create new natural disaster hazards;

dd) Failing to conduct inspection of, detect, prevent, or promptly handle situations or activities that increase natural disaster risks; incidents or potential incidents related to works, infrastructure items, and adjacent areas capable of affecting mineral extraction areas, other natural resource extraction areas, urban areas, tourism sites, industrial zones, historical relic zones, tourist sites, rural residential clusters, and works;

e) Upon detecting an incident or potential incident, situation, or activity increasing natural disaster risks beyond handling capacity, failing to immediately implement response measures to minimize damage and simultaneously failing to promptly report to competent agencies or persons;

g) Failing to provide complete and timely information to officers, workers, and laborers on natural disaster developments and disaster-prone critical locations relating to works, infrastructure items, and adjacent areas with potential incidents affecting safety in the area;

h) Failing to organize guidance, dissemination, training, or drills on natural disaster prevention and control skills for officers, workers, laborers, and the community within the management scope to enhance on-site response capacity and proactive implementation of preventive and damage mitigation measures;

i) Failing to prepare and archive information and data on natural disasters and dossiers on the management, operation, and use of works and infrastructure items.

2. Acts of failing to meet natural disaster prevention and control requirements in the investment in new construction or renovation, upgrading of urban areas; tourist sites, tourism zones; industrial zones; rural residential clusters; natural disaster prevention and control works, traffic works, electricity works, and other technical infrastructure works, shall be sanctioned as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to ensure the stability of works against natural disasters;

b) A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for the act of increasing natural disaster risk.

Article 16. Violations related to formulation, approval and implementation of a natural disaster response plan

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to submit the approved natural disaster response plan to the concerned local People’s Committee and superior authority.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to prepare, or inadequately preparing, personnel, materials, means, equipment, and essential supplies serving disaster response in accordance with the approved disaster response plan.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to formulate or approve the natural disaster response plan or failing to annually review, revise or supplement the natural disaster response plan.

Article 17. Violations related to contributions to the Natural Disaster Prevention and Control Fund

1. Fines for failing to make contributions to the Natural Disaster Prevention and Control Fund are as follows:

a) A fine of between VND 300,000 and VND 500,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is below VND 300,000;

b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 300,000 to below VND 500,000;

c) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 500,000 to below VND 3,000,000;

d) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 3,000,000 to below VND 5,000,000;

dd) A fine of between VND 5,000,000 and VND 8,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 5,000,000 to below VND 10,000,000;

e) A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 10,000,000 to below VND 20,000,000;

g) A fine of between VND 12,000,000 and VND 20,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 20,000,000 to below VND 40,000,000;

h) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 40,000,000 to below VND 60,000,000;

i) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 60,000,000 to below VND 80,000,000;

k) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of failing to make contributions to the Natural Disaster Prevention and Control Fund if the amount payable is from VND 80,000,000 to below VND 100,000,000.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any domestic or foreign economic organization failing to provide or insufficiently providing, the list and collection plan of Disaster Prevention and Control Fund contributions of the individuals under their management to the competent agency.

3. Remedial measures:

Forcible contribution to the Natural Disaster Prevention and Control Fund for violations prescribed in Clause 1 of this Article.

Article 18. Violations committed by foreign organizations and individuals and international organizations participating in natural disaster response and recovery in Vietnam

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to carry out activities according to the registered contents.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of carrying out natural disaster prevention and control activities without a registration certificate or an expired registration certificate.

Chapter III

ADMINISTRATIVE VIOLATIONS, SANCTIONS AND FINES FOR VIOLATIONS RELATED TO IRRIGATION AND REMEDIAL MEASURES

Article 19. Violations obstructing flows of irrigation works

1. A fine of between VND 100,000 and VND 300,000 shall be imposed for the act of growing vegetables, setting up fishing traps or fishing weirs and adopting other fishing methods that obstructs the flows.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of immersing bamboo, white bamboo, neohouzeaua, leaves, timbers or other things that obstructs the flows.

3. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1 and 2 of this Article.

Article 20. Violations related to dumping of garbage and waste to irrigation works

1. Sanctions for dumping of garbage and waste to irrigation works are as follows:

a) A caution shall be imposed for the act of dumping a volume of less than 0.5 m³ of garbage or waste to irrigation works;

b) A fine of between VND 300,000 and VND 500,000 shall be imposed for the act of dumping a volume from 0.5 m³ to less than 1 m³ of garbage or waste within the protection area of irrigation works;

c) A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of dumping a volume from 01 m³ to less than 03 m³ of garbage or waste within the protection area of irrigation works;

d) A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for the act of dumping a volume from 03 m³ to less than 05 m³ of garbage or waste within the protection area of irrigation works;

dd) A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed for the act of dumping a volume of 05 m³ or more of garbage or waste within the protection area of irrigation works.

2. Remedial measures:

Forcible restoration of the original state, for the violation prescribed in Clause 1 of this Article.

Article 21. Violations related to operation of irrigation works

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts:

a) Failing to comply with the procedure for operation of irrigation works which has been approved by a competent agency, except the case prescribed in Article 22 of this Decree;

b) Deliberately operating irrigation works without assignment from an authorized person.

2. Fines shall be imposed for the act of failing to formulate the procedure for operation of irrigation works as regulated by law as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to formulate the procedure for operation of a small irrigation works as prescribed;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to formulate the procedure for operation of a medium-sized irrigation works as prescribed;

c) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to formulate the procedure for operation of a large or critically important irrigation works as prescribed.

Article 22. Violations related to implementation of procedures for operation of irrigation reservoirs which are not serious enough for penal liability examination

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to correctly implement the procedure for operation of a small irrigation reservoir.

2. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of failing to correctly implement the approved procedure for operation of a medium-sized irrigation reservoir.

3. A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for the act of failing to correctly implement the approved procedure for operation of a large irrigation reservoir.

4. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for the act of failing to correctly implement the approved procedure for operation of a critically important irrigation reservoir.

Article 23. Violations related to use of machinery and equipment of irrigation works

A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of failing to use machinery or equipment of irrigation works for its intended purposes.

Article 24. Violations related to assurance of irrigation works safety

1. A fine of between VND 100,000 and VND 300,000 shall be imposed for any of the following acts:

a) Erecting tents, stalls, walls; constructing temporary works within the protection area of irrigation works;

b) Digging, hoeing, tilling, scraping grass layers, or planting crops on canal banks, slopes, or earthen dam slopes.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts:

a) Constructing brick kilns, lime kilns, auxiliary works, or livestock and poultry barns without an operation permit within the protection area of irrigation works;

b) Conducting aquaculture activities without an operation permit within the protection area of irrigation works;

c) Dismantling or relocating boundary markers, signboards of irrigation works, or making unauthorized connections to canals or water pipelines;

d) Conducting scientific research activities or planting perennial trees without an operation permit within the protection area of irrigation works;

dd) Excavating or backfilling ponds or lakes within the protection area of irrigation works;

e) Anchoring or mooring ships or boats to irrigation works where prohibition signs are posted;

g) Using inland waterway vessels or motorized vehicles within the protection area of irrigation works without an operation permit, except for motorcycles, mopeds, and rudimentary inland waterway vessels.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts related to safety management of dams and irrigation reservoirs:

a) Failing to send the safety status reports of dams or irrigation reservoirs according to the prescribed contents and schedule;

b) Failing to conduct inspection of dam or irrigation reservoir according to the prescribed contents and policies;

c) Absence of, or failing to formulate or organize implementation of a natural disaster response plan for works and the downstream areas during construction;

d) Failing to conduct inspection of dam or irrigation reservoir safety as prescribed;

dd) Failing to place boundary markers for the protection area of dams or irrigation reservoirs;

e) Absence of, or failing to formulate or implement the approved protection plan;

g) Absence of, or formulate or review, adjust or supplement on an annual basis or failing to implement the approved emergency response plan.

4. Fines shall be imposed for the act of expanding the scale of the existing work within the protection area of irrigation works as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of constructing, extending or encroaching a work, to increase the area of the work by less than 10 m²;

b) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of constructing, extending or encroaching a work, to increase the area of the work from 10 m² to less than 30 m²;

c) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of constructing, extending or encroaching a work, to increase the area of the work by more than 30 m².

5. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of changing the structure of the existing work within the protection area of irrigation works.

6. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts:

a) Constructing underground works without an operation permit within the protection area of irrigation works, which is not serious enough for penal liability examination;

b) Drilling or digging for geological surveys; drilling or digging for exploration, construction, or groundwater exploitation without an operation permit within the protection area of irrigation works, which is not serious enough for penal liability examination;

c) Organizing tourism or sports activities without an operation permit within the protection area of irrigation works;

d) Illegally extracting water from irrigation works;

dd) Mining minerals within the protection area of irrigation works without an establishment license within the protection area of irrigation works;

7. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following acts:

a) Unauthorized dismantling or filling of irrigation works;

b) Constructing houses, bridges, embankments, production facilities, or other permanent structures without an operation permit within the protection area of irrigation works, which is not serious enough for penal liability examination;

c) Obstructing, filling, digging, dredging, or illegally suctioning mud, sand, or gravel in rivers, canals, channels, streams, lakes, or ponds, which is not serious enough for penal liability examination;

d) Establishing wharves, gathering raw materials, fuels, supplies, or means illegally within the protection area of irrigation works.

8. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of blasting and carrying out other blasting activities without an operation license within the protection area of irrigation works, which is not serious enough for penal liability examination.

9. Remedial measures:

a) Forcible restoration of the original state, for any of the violations prescribed in Clause 1; Points a, b, c, d and dd Clause 2; Clause 4; Clause 5; Points a, b and c Clause 6; Clause 7; Clause 8 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations prescribed at Points d and dd Clause 6 of this Article.

Article 25. Violations related to operating means on irrigation works

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of operating a motor vehicle exceeding the permissible load on irrigation works.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of operating a motor vehicle or inland waterway vessel to travel within irrigation works where prohibition signs are posted, except for priority vehicles and vessels as prescribed by the laws on road traffic and inland waterway traffic.

3. Remedial measures:

Forcible restoration of the original state in case of causing damage to the work, for any of the violations prescribed in Clauses 1 and 2 of this Article.

Article 26. Violations related conditions of permits for activities within protection corridor of irrigation works

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of carrying out activities in contravention of the regulations specified in each of the following types of permits:

a) Permits for planting perennial trees;

b) Permits for aquaculture;

c) Permits for scientific research;

d) Permits for operation of inland waterway vessels and motor vehicles.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of conducting activities in contravention of the regulations specified in each of the following types of permits:

a) Permits for geological drilling and excavation; exploration and extraction of minerals, construction materials, and groundwater extraction;

b) Permits for establishing wharves, storage yards for raw materials, fuels, materials, supplies, and equipment;

c) Permits for constructing underground works;

d) Permits for tourism, sports, business, and service activities.

3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of conducting activities in contravention of the regulations specified in each of the following types of permits:

a) Permits for constructing new works within the protection corridor of irrigation works;

b) Permits for blasting and other explosive activities within the protection corridor of irrigation works.

4. Additional sanctions:

Deprivation of the right to use licenses for 01 to 03 months, for the violations prescribed in Clauses 1, 2 and 3 of this Article.

5. Remedial measures:

Forcible restoration of the original state, for violations prescribed at Points a and b Clause 1; Clause 2; Clause 3 of this Article.

Chapter IV

ADMINISTRATIVE VIOLATIONS, SANCTIONS AND FINES FOR VIOLATIONS RELATED TO DIKES AND REMEDIAL MEASURES

Article 27. Violations arising from destruction of dike works

1. Fines for destroying wave-breaking trees protecting dikes are as follows:

a) From VND 500,000 to VND 1,000,000 for fewer than 05 trees;

b) From VND 1,000,000 to VND 5,000,000 for from 05 trees to fewer than 10 trees;

c) From VND 5,000,000 to VND 10,000,000 for from 10 trees to fewer than 30 trees;

d) From VND 10,000,000 to VND 20,000,000 for from 30 trees to fewer than 50 trees;

dd) From VND 20,000,000 to VND 40,000,000 for from 50 trees to fewer than 100 trees;

e) From VND 40,000,000 to VND 50,000,000 for 100 trees or more.

2. Fines for digging, cultivating, clearing grass, planting annual or perennial trees on dikes, planting perennial trees within the dike protection corridor as follows:

a) From VND 500,000 to VND 1,000,000 for an area of less than 01 m² or fewer than 03 perennial trees;

b) From VND 1,000,000 to VND 3,000,000 for an area from 01 m² to fewer than 05 m² or from 03 trees to fewer than 10 perennial trees;

c) From VND 3,000,000 to VND 5,000,000 for an area from 05 m² to fewer than 10 m² or from 10 trees to fewer than 30 perennial trees;

d) From VND 5,000,000 to VND 10,000,000 for an area from 10 m² to fewer than 50 m² or from 30 trees to fewer than 50 perennial trees;

dd) From VND 10,000,000 to VND 20,000,000 for an area from 50 m² to fewer than 100 m² or from 50 trees to fewer than 100 perennial trees;

e) From VND 20,000,000 to VND 40,000,000 for an area from 100 m² to fewer than 400 m² or from 100 trees to fewer than 200 perennial trees;

g) From VND 40,000,000 to VND 50,000,000 for an area of 400 m² or more or 200 perennial trees or more.

3. Fines for illegally appropriating, illegally using or moving or damaging the auxiliary dike works are as follows:

a) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of appropriating or illegally using the auxiliary dike works;

b) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of illegally using or damaging the auxiliary dike works.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of digging a pond or well within the dike protection corridor.

5. Fines for digging, leveling or dividing the surface, slope, berm or bottom of a dike are as follows:

a) A fine of between VND 500,000 and VND 1,000,000, for a volume of less than 0.3 m³;

b) A fine of between VND 1,000,000 and VND 5,000,000, for a volume from 0.3 m³ to less than 01 m³;

c) A fine of between VND 5,000,000 and VND 10,000,000, for a volume from 01 m³ to less than 02 m³;

d) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 02 m³ to less than 03 m³;

dd) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 03 m³ to less than 05 m³;

e) A fine of between VND 40,000,000 and VND 60,000,000, for a volume from 05 m³ to less than 10 m³;

g) A fine of between VND 60,000,000 and VND 80,000,000, for a volume from 10 m³ to less than 15 m³;

h) A fine of between VND 80,000,000 and VND 100,000,000, for a volume of 15 m³ or more.

6. Fines for violations related to mineral mining within the dike protection corridor are as follows:

a) A fine of between VND 1,000,000 and VND 5,000,000, for a volume of less than 01 m³;

b) A fine of between VND 5,000,000 and VND 10,000,000, for a volume of 01 m³ to less than 03 m³;

c) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 03 m³ to less than 05 m³;

d) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 05 m³ to less than 10 m³.

dd) A fine of between VND 40,000,000 and VND 60,000,000, for a volume from 10 m³ to less than 20 m³;

e) A fine of between VND 60,000,000 and VND 100,000,000, for a volume of 20 m³ or more.

7. Fines for the act of damaging sluices through dikes or obstructing sluice operation, which is not serious enough for penal liability examination are as follows:

a) From VND 1,000,000 to VND 3,000,000 for damaging auxiliary parts of sluices, including signs, notice boards, water level gauges, and monitoring equipment;

b) From VND 3,000,000 to VND 10,000,000 for damaging sluice components that do not directly affect the operation or stability of the sluice, such as fences, gates, doors, or guardrails;

c) From VND 20,000,000 to VND 30,000,000 for damaging sluice operation-related facilities, including machinery protection houses, sluice management houses, working bridges, sluice stoplogs and stoplog-release components, and obstructing sluice operation in violation of technical standards;

d) From VND 30,000,000 to VND 50,000,000 for damaging components that directly affect sluice operation, including sluice gates, hoisting machines, gate frames, electrical systems, and other components;

dd) From VND 50,000,000 to VND 100,000,000 for damaging components that directly affect the structural stability of the sluice, including sluice bodies, piers, wingwalls, stilling basins, energy dissipation structures, joints, and other components.

8. Fines for the act of damaging dike embankment protection works, which is not serious enough for penal liability examination are as follows:

a) From VND 1,000,000 to VND 3,000,000 for damaging auxiliary components of revetments, including signs, notice boards, water level gauges, and monitoring equipment;

b) From VND 3,000,000 to VND 10,000,000 for damaging revetment surfaces or bases with an area of less than 01 m²; damaging footings of loose materials with a volume of less than 01 m³; or damaging cast-in-place concrete components with a volume of less than 0.3 m³;

c) From VND 10,000,000 to VND 30,000,000 for damaging revetment surfaces or bases with an area from 01 m² to fewer than 03 m²; damaging footings of loose materials with a volume from 01 m³ to fewer than 03 m³; or damaging cast-in-place components with a volume from 0.3 m³ to fewer than 01 m³;

d) From VND 30,000,000 to VND 50,000,000 for damaging revetment surfaces or bases with an area from 03 m² to fewer than 10 m²; damaging footings of loose materials with a volume from 03 m³ to fewer than 05 m³; or damaging cast-in-place components with a volume from 01 m³ to fewer than 02 m³;

dd) From VND 50,000,000 to VND 100,000,000 for damaging revetment surfaces or bases with an area of 10 m² or more; damaging footings of loose materials with a volume of 05 m³ or more; or damaging cast-in-place components with a volume of 02 m³ or more.

9. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the act of carry out a blasting activity damaging the dike body, except for emergency case where the competent person prescribed in Article 34 of the Law on Dikes decides to carry out a blasting activity or destruction in order to divert flood or retard flood for dike protection purpose.

10. Additional sanctions:

Confiscation of material evidences and means of administrative violations if any of the violations prescribed in Clauses 1 through 9 of this Article.

11. Remedial measures:

a) Forcible replanting of destroyed wave-breaking trees and re-growing grass that has been dug, cleared, or removed for violations prescribed in Clause 1 and Clause 2 of this Article;

b) Forcible repair and remediation of damaged dike works for violations prescribed in Clause 7 and Clause 8 of this Article;

c) Forcible restoration to the original condition for violations prescribed in Clause 3, Clause 4, Clause 5, and Clause 9 of this Article.

Article 28. Violations arising from illegal operation of dikes

1. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of operating a flood diversion structure, flood retardation structure, dike culvert, spillway structure, dike-crossing works, pumping station or lock within the dike protection corridor.

2. Additional sanctions:

Confiscation of material evidences and means of administrative violations, for violations prescribed in Clause 1 of this Article.

3. Remedial measures:

Forcible restoration of the original state, for the violation prescribed in Clause 1 of this Article.

Article 29. Violations related to dumping waste and placing materials within safety perimeters of dikes, on river stretches and river beds

1. Fines for the act of dumping waste within the dike protection corridor, river stretches or river bed are as follows:

a) A fine of between VND 1,000,000 and VND 3,000,000, for a volume of less than 01 m³;

b) A fine of between VND 3,000,000 and VND 5,000,000, for a volume from 01 m³ to less than 03 m³;

c) A fine of between VND 5,000,000 and VND 10,000,000, for a volume from 03 m³ to less than 10 m³;

d) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 10 m³ to less than 20 m³;

dd) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 20 m³ to less than 30 m³;

e) A fine of between VND 40,000,000 and VND 50,000,000, for a volume from 30 m³ to less than 50 m³;

g) A fine of between VND 50,000,000 and VND 80,000,000, for a volume from 50 m³ to less than 100 m³;

h) A fine of between VND 80,000,000 and VND 100,000,000, for a volume of 100 m³ or more.

2. Fines for the act of placing materials the dike protection corridor are as follows:

a) A fine of between VND 500,000 and VND 1,000,000, for a volume of less than 01 m³;

b) A fine of between VND 1,000,000 and VND 3,000,000, for a volume from 01 m³ to less than 05 m³;

c) A fine of between VND 3,000,000 and VND 5,000,000, for a volume from 05 m³ to less than 10 m³;

d) A fine of between VND 5,000,000 and VND 10,000,000, for a volume from 10 m³ to less than 15 m³;

dd) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 15 m³ to less than 30 m³;

e) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 30 m³ to less than 50 m³;

g) A fine of between VND 40,000,000 and VND 50,000,000, for a volume from 50 m³ to less than 100 m³;

h) A fine of between VND 50,000,000 and VND 100,000,000, for a volume of 100 m³ or more.

3. Fines for the act of placing materials on a river bed or river stretches and carrying out other activities obstructing the flows and flood drainage without taking any remedial measures are as follows:

a) A fine of between VND 500,000 and VND 1,000,000, for a volume of less than 02 m³;

b) A fine of between VND 1,000,000 and VND 3,000,000, for a volume from 02 m³ to less than 05 m³;

c) A fine of between VND 3,000,000 and VND 5,000,000, for a volume from 05 m³ to less than 10 m³;

d) A fine of between VND 5,000,000 and VND 10,000,000, for a volume from 10 m³ to less than 30 m³;

dd) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 30 m³ to less than 100 m³;

e) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 100 m³ to less than 300 m³;

g) A fine of between VND 40,000,000 and VND 50,000,000, for a volume from 300 m³ to less than 500 m³;

h) A fine of between VND 50,000,000 and VND 100,000,000, for a volume of 500 m³ or more.

4. Additional sanctions:

Confiscation of material evidences and means of administrative violations, for violations prescribed in Clauses 1, 2 and 3 of this Article.

5. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1, 2 and 3 of this Article.

Article 30. Violations related to management, protection and use of soil, stones, sand and gravels reserved for flood, storm, and inundation prevention and control

1. Fines for appropriating, illegally using or moving soil, stones, sand or gravels reserved for flood, inundation or storm control are as follows:

a) A fine of between VND 500,000 and VND 1,000,000, for a volume of less than 0.5 m³;

b) A fine of between VND 1,000,000 and VND 5,000,000, for a volume from 0.5 m³ to less than 02 m³;

c) A fine of between VND 5,000,000 and VND 10,000,000, for a volume from 02 m³ to less than 05 m³;

d) A fine of between VND 10,000,000 and VND 20,000,000, for a volume from 05 m³ to less than 10 m³;

dd) A fine of between VND 20,000,000 and VND 40,000,000, for a volume from 10 m³ to less than 20 m³;

e) A fine of between VND 40,000,000 and VND 50,000,000, for a volume from 20 m³ to less than 30 m³;

g) A fine of between VND 50,000,000 and VND 80,000,000, for a volume of 30 m³ or more.

2. Remedial measures:

Forcible return of the supplies reserved for flood, inundation or storm control prescribed in Clause 1 of this Article.

Article 31. Violations related to operating means on dikes

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of operating a motor vehicle or special-use vehicle exceeding the permissible load on a dike in excess of its permissible vehicle weight.

2. A fine of between VND 10.000.000 and VND 20,000,000 shall be imposed for the act of operating a motor vehicle or special-use vehicle exceeding the permissible load on a dike where a prohibition sign in case of dike failing or storm, inundation or flood, except means for dike inspection or dike protection or means serving national defense and security purpose or ambulances or fire engines.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of operating a motor vehicle on dikes in contravention of the provisions of the license.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of operating a motor vehicle on dikes without a permit.

5. Additional sanctions:

Deprivation of the right to use licenses for 01 to 03 months, for violations prescribed in Clause 3 of this Article.

6. Remedial measures:

Forcible restoration of the original state in case of damaging the dike, for violations prescribed in Clauses 1, 2, 3 and 4 of this Article.

Article 32. Construction of houses and works within safety perimeters of dikes and river beds excluding sandbars or islets

1. Fines shall be imposed for constructing houses or works within the dike protection corridor and within the riverbed area excluding sandbars or islets, except for works serving flood and storm control, auxiliary works, and special works, as follows:

a) A fine of between VND 1,000,000 and VND 5,000, for an area of less than 02 m²; or for works constructed along a route-based or wall-type work with a length of less than 02 m;

b) A fine of between VND 5,000,000 and VND 10,000,000, for an area from 02 m² to fewer than 05 m²; or for works constructed along a route-based or wall-type work with a length from 02 m to fewer than 05 m;

c) A fine of between VND 10,000,000 and VND 20,000,000, for an area from 05 m² to fewer than 10 m²; or for works constructed along a route-based or wall-type work with a length from 05 m to fewer than 10 m;

d) A fine of between VND 20,000,000 and VND 40,000,000, for an area from 10 m² to fewer than 30 m²; or for works constructed along a route-based or wall-type work with a length from 10 m to fewer than 20 m;

dd) A fine of between VND 40,000,000 and VND 50,000,000, for an area from 30 m² to fewer than 50 m²; or for works constructed along a route-based or wall-type work with a length from 20 m to fewer than 30 m;

e) A fine of between VND 50,000,000 and VND 80,000,000, for an area from 50 m² to fewer than 80 m²; or for works constructed along a route-based or wall-type work with a length from 30 m to fewer than 50 m;

g) A fine of between VND 80,000,000 and VND 100,000,000, for an area of 80 m² or more; or for works constructed along a route-based or wall-type work with a length of 50 m or more.

2. Remedial measures:

Forcible restoration of the original state, for the violation prescribed in Clause 1 of this Article.

Article 33. Violations of the provisions of Article 26 of the Law on Dikes regarding construction of houses and works on river beds, sandbars and islets where no construction works exist

1. Fines for construction of a house or work on a river bed, sandbar or islet where no construction works exist without a permit are as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed if the building area is less than 05 m²; or if the length of the work is less than 10 m for a route-based work or wall-type work;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed if the building area is from 02 m² to less than 10 m²; or if the length of the work is from 10 m to less than 20 m for a route-based work or wall-type work;

c) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed if the building area is from 10 m² to less than 30 m²; or if the length of the work is from 20 m to less than 40 m for a route-based work or wall-type work;

d) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed if the building area is from 30 m² to less than 50 m²; or if the length of the work is from 40 m to less than 50 m for a route-based work or wall-type work;

dd) A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed if the building area is from 50 m² to less than 100 m²; or if the length of the work is from 50 m to less than 80 m for a route-based work or wall-type work;

e) A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed if the building area is 100 m² or more; or if the length of the work is 80 m or more for a route-based work or wall-type work.

2. Fines for construction of a house or work on a river bed, sandbar or islet where no construction works exist against the regulations prescribed in the license are as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed if the building area is less than 05 m²; or if the length of the work is less than 10 m for a route-based work or wall-type work;

b) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed if the building area is from 05 m² to less than 10 m²; or if the length of the work is from 10 m to less than 20 m for a route-based work or wall-type work;

c) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed if the building area is from 10 m² to less than 30 m²; or if the length of the work is from 20 m to less than 40 m for a route-based work or wall-type work;

d) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed if the building area is from 30 m² to less than 50 m²; or if the length of the work is from 40 m to less than 60 m for a route-based work or wall-type work;

dd) A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed if the building area is from 50 m² to less than 100 m²; or if the length of the work is from 60 m to less than 80 m for a route-based work or wall-type work;

e) A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed if the building area is 100 m² or more; or if the length of the work is 80 m or more for a route-based work or wall-type work.

3. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1 and 2 of this Article.

Article 34. Violations against regulations set out in Point b Clause 2 Article 27 of the Law on Dikes on expansion of building area when repairing or upgrading existing works and houses within safety perimeters of dikes and on river stretches, sandbars or islets

1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for the act of expansion of building area without a permit or against the regulations set out in the license when repairing or upgrading an existing work or house within the dike protection corridor and on a river stretches, sandbar or islet if the expanded area is less than 05 m².

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of expansion of building area without a permit or against the regulations set out in the license when repairing or upgrading an existing work or house within the dike protection corridor and on a river stretches, sandbar or islet if the expanded area is from 05 m² to less than 10 m².

3. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for the act of expansion of building area without a permit or against the regulations set out in the license when repairing or upgrading an existing work or house within the dike protection corridor and on a river stretches, sandbar or islet if the expanded area is from 10 m² to less than 30 m².

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of expansion of building area without a permit or against the regulations set out in the license when repairing or upgrading an existing work or house within the dike protection corridor and on a river stretches, sandbar or islet if the expanded area is from 30 m² to less than 50 m².

5. A fine of between VND 50,000,000 and VND 100,000,000 shall be imposed for the act of expansion of building area without a permit or against the regulations set out in the license when repairing or upgrading an existing work or house within the dike protection corridor and on a river stretches, sandbar or islet if the expanded area is 50 m² or more.

6. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1, 2, 3, 4 and 5 of this Article.

Article 35. Violations against regulations in licenses or written approval for dike-related activities

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of using a dike, dike protection jetty or dike culvert as a place for anchoring means, vessels, boats and rafts against the regulations set out in the license or without the license.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of carrying out activities prescribed at Points a, b, c, d, e, g and h Clause 1 Article 25 against the regulations set forth in the license and the written approval prescribed in Clause 2 Article 28 of the Law on Dikes.

3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of carrying out activities prescribed at Points a, b, c, d, e, g and h Clause 1 Article 25 of the Law on Dikes without the license; carrying out the activities prescribed in Clause 2 Article 28 of the Law on Dikes without the written approval.

4. Additional sanctions:

Deprivation of the right to use licenses for 01 to 03 months, for violations prescribed in Clause 2 of this Article.

5. Remedial measures:

Forcible restoration of the original state, for violations prescribed in Clauses 1, 2 and 3 of this Article.

Article 36. Violations related to mobilization of resources for dike protection and salvage of dike safety-related works

A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to implement decisions made by authorized persons on mobilization of forces, supplies and means for dike protection or salvage of dike safety-related works., which is not serious enough for penal liability examination.

Chapter V

COMPETENCE TO MAKE MINUTES OF ADMINISTRATIVE VIOLATIONS, IMPOSE SANCTIONS FOR ADMINSTRATIVE VIOLATIONS AND IMPLEMENTATION OF REMEDIAL MEASURES

Article 37. Competence to make minutes of administrative violations

1. Minutes of administrative violations related to natural disaster prevention and control; irrigation; dikes shall be made in accordance with Article 58 of the Law on Handling of Administrative Violations and Government’s Decree detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Persons competent to make minutes of the violations against regulations prescribed in this Decree include:

a) Persons competent to make minutes of administrative violations prescribed in Articles 38 to 46 of this Decree who are on duty;

b) Civil servants and public employees who are on duty in relation to natural disaster prevention and control; irrigation; dikes;

c) Civil servants and public employees of state the Inspectorate, agencies assigned to carry out specialized inspections who are on duty;

d) People working for the People's Army and People's Public Security Forces who are on duty.

3. Persons competent to make minutes prescribed in Clause 2 of this Article shall issue decisions to impose sanctions under the competence or transfer the violation cases to persons having the sanctioning competence in accordance with the law on handling of administrative violations and this Decree.

Article 38. Sanctioning competence of Chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a) Issue caution;

b) Impose a fine of up to VND 5,000,000;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 10,000,000;

d) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Chairpersons of district-level People’s Committees may:

a) Issue caution;

b) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 100,000,000, for violations related to irrigation; up to VND 50,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

3. Chairpersons of provincial-level People’s Committees may:

a) Issue caution;

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

Article 39. Sanctioning competence of the Inspectorate and agencies assigned to carry out specialized inspections of natural disaster prevention and control; irrigation; dikes

1. Inspectors and persons assigned to carry out specialized inspections of natural disaster prevention and control; irrigation; dikes who are on duty may:

a) Issue caution;

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

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 1,000,000;

d) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Provincial-level Departments of Agriculture and Rural Development; Chiefs of Specialized Inspectorates of Provincial-level Departments of Agriculture and Rural Development; Chiefs of Specialized Inspectorates of the Directorate of Water Resources, the Vietnam Disaster Management Authority; Directors of Branches in charge of natural disaster prevention and control, irrigation and dikes; Heads of Inspectorates of Branches in charge of natural disaster prevention and control, irrigation and dikes may:

a) Issue caution;

b) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 50,000,000, for violations related to irrigation and dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 50,000,000, for violations related to natural disaster prevention and control; VND 100,000,000, for violations related to irrigation and dikes;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

3. Chiefs of Specialized Inspectorate of the Ministry of Agriculture and Rural Development may:

a) Issue caution;

b) Impose a fine of up to VND 35,000,000, for violations related to natural disaster prevention and control; up to VND 175,000,000, for violations related to irrigation; up to VND 70,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 70,000,000, for violations related to natural disaster prevention and control; VND 350,000,000, for violations related to irrigation; VND 140,000,000, for violations related to dikes;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Agriculture and Rural Development, Director General of the Directorate of Water Resources, Director General of the Vietnam Disaster Management Authority may:

a) Issue caution;

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

Article 40. Sanctioning competence of fisheries resources surveillance forces

1. Chiefs of fisheries resources surveillance stations affiliated to Regional fisheries resource surveillance branches may:

a) Impose a fine of up to VND 10,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 20,000,000, for violations related to natural disaster prevention and control;

c) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Directors of Regional fisheries resource surveillance branches may:

a) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences and means of administrative violations;

c) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

3. Director General of Fisheries Surveillance Directorate may:

a) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences and means of administrative violations;

c) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

Article 41. Sanctioning competence of the Public Security Force

1. Chiefs of commune-level police offices, Chiefs of police offices, Majors of Mobile Police Battalions, and Captains of Squadrons may:

a) Issue caution;

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

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 5,000,000;

d) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. District-level Police Chiefs; the Head of the professional section of the Police Department of Administrative Management of Social Order; Captains of Squadrons; the Head of the professional section of the Traffic Police Department; Chiefs of provincial-level Police Departments, including: Chiefs of Police Divisions for Administrative Management of Social Order; Chiefs of Investigation Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of Waterway Police Divisions, Chiefs of Traffic Police Divisions, Chiefs of Mobile Police Divisions, Head of Security Division, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police Divisions; Colonels of Mobile Police Regiments may:

a) Issue caution;

b) Impose a fine of up to VND 10,000,000, for violations related to natural disaster prevention and control; up to VND 25,000,000, for violations related to irrigation; up to VND 20,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 20,000,000, for violations related to natural disaster prevention and control; VND 50,000,000, for violations related to irrigation; VND 40,000,000, for violations related to dikes;

dd) Apply the remedial measures prescribed at Point a Clause 1 and Clause 2 Article 4 of this Decree.

3. Directors of provincial-level Police Departments may:

a) Issue caution;

b) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 100,000,000, for violations related to irrigation; up to VND 50,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

4. Director General of the Economic Security Department, Director General of the Police Department for Administrative Management of Social Order, Director General of the Investigation Police Department for Corruption, Economic and Smuggling Crimes, Director General of the Traffic Police Department, Director General of the Firefighting, Prevention and Rescue Police Department, Director General of the Police Department for Prevention and Control of Environmental Crimes, Commander of the Mobile Police may:

a) Issue caution;

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100.000.000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

Article 42. Sanctioning competence of the Border Guard

1. The leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control may:

a) Issue caution;

b) Impose a fine of up to VND 5,000,000, for violations related to natural disaster prevention and control; up to VND 10,000,000, for violations related to irrigation and dikes;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 10,000,000, for violations related to natural disaster prevention and control; VND 20.000.000, for violations related to irrigation and dikes;

d) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates may:

a) Issue caution;

b) Impose a fine of up to VND 10,000,000, for violations related to natural disaster prevention and control; up to VND 25,000,000, for violations related to irrigation; up to VND 20,000,000, for violations related to dikes;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 20,000,000, for violations related to natural disaster prevention and control; VND 50,000,000, for violations related to irrigation; VND 40,000,000, for violations related to dikes;

dd) Apply the remedial measures prescribed at Point a Clause 1 and Clause 2 Article 4 of this Decree.

3. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command may:

a) Issue caution;

b) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 100,000,000, for violations related to irrigation; up to VND 50,000,000, for violations related to dikes;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 50,000,000, for violations related to natural disaster prevention and control; VND 200,000,000, for violations related to irrigation; VND 100,000,000, for violations related to dikes;

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

4. Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command may:

a) Issue caution;

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100,000,000, for violations related to dikes;

c) Deprive of the right to use licenses;

d) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Article 4 of this Decree.

Article 43. Sanctioning competence of the Marine police

1. Heads of professional operation squads of the Marine Police and heads of marine police stations may:

a) Impose a fine of up to VND 5,000,000, for violations related to natural disaster prevention and control;

b) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Captains of marine police flotillas may:

a) Impose a fine of up to VND 10,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 20,000,000, for violations related to natural disaster prevention and control;

c) Apply the remedial measures prescribed at Point a Clause 1, Point a Clause 2 Article 4 of this Decree.

3. Captains of marine police ship fleets; Heads of Reconnaissance Commissions; Commanders of drug and crime prevention and combat task force regiments under the control of the Command of Vietnam Coast Guard may:

a) Impose a fine of up to VND 15,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 30,000,000, for violations related to natural disaster prevention and control;

c) Apply the remedial measures prescribed at Point a Clause 1, Point a Clause 2 Article 4 of this Decree.

4. Commanders of regional coastguard command centers and Director General of the Department of Operations and Legislation under the control of the Command of Vietnam Coast Guard may:

a) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences and means of administrative violations;

c) Apply the remedial measures prescribed at Point a Clause 1, Point a Clause 2 Article 4 of this Decree.

5. Commander of Vietnam Coast Guard may:

a) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences and means of administrative violations;

c) Apply the remedial measures prescribed at Point a Clause 1, Point a Clause 2 Article 4 of this Decree.

Article 44. Sanctioning competence of specialized Transport Inspectorate

1. Chief Inspectors of Provincial-level Departments of Transport, Chief Inspector of the Vietnam Maritime Administration, Chief of Specialized Inspectorate of the Directorate for Roads of Vietnam, Chief of Specialized Inspectorate of the Vietnam Maritime Administration, Chief of Specialized Inspectorate of the Vietnam Inland Waterway Administration, Chiefs of Specialized Inspectorates of Provincial-level Departments of Transport; Heads of Regional Road Authorities affiliated to the Directorate for Roads of Vietnam, Chiefs of Specialized Inspectorates of Regional Road Authorities affiliated to the Directorate for Roads of Vietnam may:

a) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 50,000,000, for violations related to irrigation and dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 50,000,000, for violations related to natural disaster prevention and control; VND 100,000,000, for violations related to irrigation and dikes;

d) Apply the remedial measures prescribed at Point a Clause 1, Point dd Clause 2 Article 4 of this Decree.

2. Chief of Specialized Inspectorate of the Ministry of Transport may:

b) Impose a fine of up to VND 35,000,000, for violations related to natural disaster prevention and control; up to VND 175,000,000, for violations related to irrigation; up to VND 70,000,000, for violations related to dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 70,000,000, for violations related to natural disaster prevention and control; VND 350,000,000, for violations related to irrigation; VND 140,000,000, for violations related to dikes;

d) Apply the remedial measures prescribed at Point a Clause 1, Point dd Clause 2 Article 4 of this Decree.

3. Chief Inspector of the Ministry of Transport, Director General of the Directorate for Roads of Vietnam, Director General of the Vietnam Maritime Administration and Director General of the Vietnam Inland Waterway Administration may:

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100,000,000, for violations related to dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences and means of administrative violations;

d) Apply the remedial measures prescribed at Point a Clause 1, Point dd Clause 2 Article 4 of this Decree.

Article 45. Sanctioning competence of specialized natural resources and environment Inspectorate

1. Inspectors and persons assigned to carry out specialized inspections who are on duty may:

a) Issue caution;

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

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 1,000,000;

d) Apply the remedial measures prescribed at Point a Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Provincial-level Departments of Natural Resources and Environment; Chiefs of Specialized Inspectorates of Provincial-level Departments of Natural Resources and Environment; Chiefs of Specialized Inspectorates of the General Department of Geology and Minerals of Vietnam, General Department of Land Administration and Vietnam Environment Administration may:

a) Impose a fine of up to VND 25,000,000, for violations related to natural disaster prevention and control; up to VND 50,000,000, for violations related to irrigation and dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 50,000,000, for violations related to natural disaster prevention and control; VND 100,000,000, for violations related to irrigation and dikes;

dd) Apply the remedial measures prescribed in Clause 1, Point d Clause 2 Article 4 of this Decree.

3. Chief of Specialized Inspectorate of the Ministry of Natural Resources and Environment may:

b) Impose a fine of up to VND 35,000,000, for violations related to natural disaster prevention and control; up to VND 175,000,000, for violations related to irrigation; up to VND 70,000,000, for violations related to dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 70,000,000, for violations related to natural disaster prevention and control; VND 350,000,000, for violations related to irrigation; VND 140,000,000, for violations related to dikes;

dd) Apply the remedial measures prescribed in Clause 1, Point d Clause 2 Article 4 of this Decree.

4. Chief Inspector of the Ministry of Natural Resources and Environment, Director General of the General Department of Geology and Minerals of Vietnam, Director General of the General Department of Land Administration and Director General of the Vietnam Environment Administration may:

b) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control; up to VND 250,000,000, for violations related to irrigation; up to VND 100,000,000, for violations related to dikes;

b) Deprive of the right to use licenses;

c) Confiscate material evidences and means of administrative violations;

dd) Apply the remedial measures prescribed in Clause 1, Point d Clause 2 Article 4 of this Decree.

Article 46. Sanctioning competence of seaport authorities and inland waterway port authorities

1. Chief representatives of seaport authorities and inland waterway port authorities may:

a) Impose a fine of up to VND 10,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences or means of administrative violations, the value of which does not exceed VND 20,000,000, for violations related to natural disaster prevention and control;

2. Directors of seaport authorities and inland waterway port authorities may:

a) Impose a fine of up to VND 50,000,000, for violations related to natural disaster prevention and control;

b) Confiscate material evidences and means of administrative violations;

c) Apply the remedial measures prescribed at Point a Clause 1, Point a Clause 2 Article 4 of this Decree.

Article 47. Delegation of competence to sanction administrative violations

1. Competence to sanction administrative violations of Chairpersons of People’s Committees at all levels

Chairpersons of People’s Committees at all levels have the sanctioning competence for the administrative violations prescribed in Chapters II, III and IV under the competence prescribed in this Decree and within the scope of their functions, tasks and entitlements.

2. Sanctioning competence of the Inspectorate and heads of agencies assigned to carry out specialized inspections of natural disaster prevention and control; irrigation; dikes

Persons competent to sanction of the Inspectorates and heads of agencies assigned to carry out specialized inspections of natural disaster prevention and control; irrigation; dikes shall impose sanctions for the administrative violations prescribed in Chapters II, III and IV under the competence prescribed in Article 39 of this Decree and within the scope of their functions, tasks and entitlements.

3. Competence to sanction administrative violations of fisheries resources surveillance forces

Persons competent to sanction of fisheries resources surveillance forces shall impose sanctions for the administrative violations prescribed in Clause 2 Article 8, Clause 1 Article 9, Article 12, Article 13 and Article 16 under the competence prescribed in Article 40 of this Decree and within the scope of their functions, tasks and entitlements within the assigned territorial waters.

4. Competence to sanction administrative violations of the Public Security Force

Persons competent to sanction of the Public Security Force shall impose sanctions for the administrative violations prescribed in Article 9, Article 10, Article 12, Article 13, Article 14, Article 18, Article 20, Article 21, Article 22, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31 , Article 32, Article 33, Article 34, Article 35 and Article 36 under the competence prescribed in Article 41 of this Decree and within the scope of their functions, tasks and entitlements in the fields and localities under their management.

5. Competence to sanction administrative violations of the Border Guard

Persons competent to sanction of the Border Guard forces shall impose sanctions for the administrative violations prescribed in Article 9, Article 10, Article 12, Article 13, Article 14, Article 18, Article 20, Article 21, Article 22, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31 , Article 32, Article 33, Article 34, Article 35 and Article 36 under the competence prescribed in Article 42 of this Decree and within the scope of their functions, tasks and entitlements in border areas.

6. Competence to sanction administrative violations of the Marine police

Persons competent to sanction of Marine police forces shall impose sanctions for the administrative violations prescribed in Clause 2 Article 8, Clause 1 Article 9, Article 12, Article 13, Clause 2 Article 14 and Article 16 under the competence prescribed in Article 43 of this Decree and within the scope of their functions, tasks and entitlements and localities within the assigned territorial waters.

7. Competence to sanction administrative violations of specialized Transport Inspectorate

Persons competent to sanction of the transport inspection forces shall impose sanctions for the administrative violations prescribed in Article 12, Article 13, Article 15, Article 16, Points g and h Clause 2 Article 24, Article 25, Article 30 and Article 31under the competence prescribed in Article 44 of this Decree and within the scope of their functions, tasks and entitlements.

8. Competence to sanction administrative violations of specialized natural resources and environment Inspectorate

Persons competent to sanction of the natural resources and environment inspection forces shall impose sanctions for the administrative violations prescribed in Article 10, Article 11, Point dd Clause 6 Article 24, Point a Clause 2 Article 26, Clause 6 Article 27 and Clause 1 Article 29 under the competence prescribed in Article 45 of this Decree and within the scope of their functions, tasks and entitlements.

9. Competence to sanction administrative violations of seaport authorities and inland waterway port authorities

Persons competent to sanction of the seaport authorities and inland waterway port authorities shall impose sanctions for the administrative violations prescribed in Clause 2 Article 8, Clause 1 Article 9, Article 12, Article 13, Clause 2 Article 14 and Article 16 under the competence prescribed in Article 46 of this Decree and within the scope of their functions, tasks and entitlements.

Article 48. Implementation of a number of remedial measures

1. The remedial measure “forcible contribution to the Natural Disaster Prevention and Control Fund” prescribed in Clause 3 Article 17 shall be implemented as follows:

a) The violator shall make a payment to the competent collecting authority;

b) The competent agency authorized to collect the Fund shall collect and manage the Fund contributions by violators as prescribed; notify results of the violators’ Fund contribution to the person issuing the decision sanctioning administrative violations;

c) Organizations and individuals who fail to pay the Fund as prescribed in Point a, Clause 1 of this Article shall be subject to compulsory enforcement in accordance with the law on handling of administrative violations.

2. The remedial measure “forcible replanting of wave-breaking trees that have been destroyed; grasses that have been dug, uprooted, or cleared” prescribed at Point a Clause 11 of Article 27 shall be implemented as follows:

a) Organizations and individuals in violation shall replant wave-breaking trees and grasses of the correct species and in the full quantity that were cut, destroyed, dug, tilled, or cultivated; and protect and care for the plants for a minimum of one year to ensure survival and maintain the protective function of the dike; planting and care shall be carried out in accordance with technical standards and sectoral norms;

b) The Dike Management Office shall supervise and provide guidance on the implementation, make a record confirming the completion and send it to the person issuing the sanctioning decision.

3. The remedial measure “forcible return of the supplies reserved for flood, inundation or storm control which have been appropriated or illegally used” prescribed in Clause 2 of Article 30 shall be implemented as follows:

a) Organizations and individuals in violation shall return the full quantity of reserve materials that were misappropriated or used unlawfully, restoring them to their original condition. Returned materials must be of the same type and service life as the misappropriated or unlawfully used materials, or of materials with equivalent functionality; they must meet technical specifications, service life, and total value not less than the misappropriated or unlawfully used materials;

b) The unit assigned to directly manage the supplies shall supervise and provide guidance on the implementation, make a record confirming the completion and send it to the person issuing the sanctioning decision.

4. The remedial measure “forcible repair of the damage to the dike works prescribed in Clause 6 and 31 of this Article” shall be implemented as follows:

a) Organizations and individuals in violation shall repair and remediate the damaged dike works and bear the costs of appraisal, inspection, evaluation, surveying, design consultancy, and supervision consultancy (if any). Repairs and remediation shall be carried out in accordance with technical standards and sectoral norms, at a minimum restoring the condition to that prior to the violation;

b) If the violation damages the dike works, it is required to immediately repair the damage to ensure dike safety. The violator must carry out the repair or reimburse the costs of repair according to the plan approved by the competent agency. The Provincial-level Department of Agriculture and Rural Development and provincial-level or district-level the Steering Committee for Natural disaster prevention and control and Search and Rescue shall approve the aforesaid plan within the scope of their functions, tasks and management;

c) The Provincial-level Department of Agriculture and Rural Development shall expedite, supervise and provide guidance on the implementation; make a record confirming the completion and send it to the person issuing the sanctioning decision.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 49. Effect

1. This Decree takes effect from the date of its signing for promulgation.

2. This Decree replaces of the Government’s Decree No. 104/2017/ND-CP dated September 14, 2017, on penalties for administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems, and Decree No. 65/2019/ND-CP dated July 18, 2019, amending and supplementing a number of articles of Decree No. 104/2017/ND-CP dated September 14, 2017, on penalties for administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems.

Article 50. Transitional provisions

1. For administrative violations that occurred prior to the effective date of this Decree but are subsequently discovered or under review or resolution, the provisions most favorable to the violating organization or individual shall apply.

2. For administrative penalty decisions that have been issued or fully enforced prior to the effective date of this Decree, where the sanctioned organization or individual has filed a complaint, the provisions of the law on administrative sanctions in force at the time the sanctioning decision was issued shall apply for resolution.

Article 51. Implementation responsibility

1. The Minister of Agriculture and Rural Development shall provide instructions, organize and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, Chairpersons of People’s Committees at all levels and concerned organizations and individuals shall implement this Decree.