Chương 3 Nghị định 107/2013/NĐ-CP quy định về xử phạt vi phạm hành chính trong lĩnh vực năng lượng nguyên tử: Thẩm quyền xử phạt

Chapter 3.

THE SANCTIONING COMPETENCE

Article 43. The sanctioning competence of science and technology inspectors

1. Inspectors specialized in science and technology, persons assigned to execute task of inspection in radiation and nuclear safety on duty are entitled to:

a) Warning;

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

c) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

2. Chief inspectors of Services of Science and Technology, Chief inspectors of the Department of Radiation Safety and Nuclear, Heads of specialized inspection delegations of Services of Science and Technology, Heads of specialized inspection delegations of the Department of Radiation Safety and Nuclear are entitled to:

a) Warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree.

3. Heads of specialized delegations of the Ministry of science and technology are entitled to:

a) Warning;

b) Impose fines of up to VND 250,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree.

4. The Chief Inspector of Ministry of science and technology, Director of the Department of Radiation Safety and Nuclear are entitled to:

a) Warning;

b) Impose fines of up to VND 1,000,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations;

dd) Applying remedial measures specified in Article 3 of this Decree.

Article 44. The competence of chairperson of People’s Committees at all levels to sanction administrative violations

1. Chairpersons of district-level People’s Committees are entitled to:

a) Warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree, except for measure of re-export specified in Clause 4 Article 3 of this Decree.

2. Chairpersons of provincial People’s Committees are entitled to:

a) Warning;

b) Impose fines of up to VND 1,000,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations;

dd) Applying remedial measures specified in Article 3 of this Decree.

Article 45. The sanctioning competence of the People’s Public Security, Customs and other specialized Inspectorates

1. The persons competent to sanction of Public Security agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree and belonging to their management fields as prescribed in Article 39 and Article 52 of the Law on handling of administrative violations. 

2. The persons competent to sanction of Customs agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree, related to export and import of goods, services related to export and import of goods, and belonging to their management fields as prescribed in Article 42 and Article 52 of the Law on handling of administrative violations.

3. The persons competent to sanction of other specialized Inspection agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree and belonging to their management fields or sectors as prescribed in Article 46 and Article 52 of the Law on handling of administrative violations.

Article 46. Competence to make minutes of administrative violations

The titles specified in Articles 43, 44, 45 of this Decree, and civil servants, public employees on duty are entitled to make minutes of administrative violations, when detecting administrative violations in atomic energy, according to regulations.