Chapter 5.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN MANAGEMENT OF TECHNICAL INFRASTRUCTURE WORKS
SECTION 1. VIOLATION ON WATER DRAINAGE AND SUPPLY
Article 41. Violation of regulations on protection of safety area of underground water extraction
1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for discharging of manure, garbage, building waste, animal raising and cultivation of crops in the safe area of groundwater wells.
2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for digging trash pit, manure pit, lime pit, burying animals and harmful waste in the safety area of groundwater wells.
3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of violating the regulations on protection of safety area of groundwater well not subject to the cases specified in Clause 1 and 2 of this Article;
4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for extraction of groundwater for implementing the construction investment project without permission from the competent authority;
5. Remedial measures:
a) Coercively restoring the initial conditions for the acts specified in Clause 1, 2 and 3 of this Article;
b) Coercively taking remedial measures of environmental pollution for the acts specified in Clause 1, 2 and 3 of this Article;
Article 42. Violation of regulations on protection of safe area of surface water for domestic water
1. A fine of between 30,000,000 and 50,000,000 shall be imposed for building types of works on land, on water, under water in a protection area of surface water.
2. Remedial measures:
a) Coercively taking remedial measures of environmental pollution;
b) Coercively demolishing construction works and parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP.
Article 43. Violation of regulations on the protection of the safety corridors of the raw water pipelines and clean water pipelines
1. A caution or a fine of between 500,000 and 1,000,000 shall be imposed for one of the acts: discharging trash, wastewater, soils and stone and building materials in the safety corridors of the raw water pipelines and clean water pipelines;
2. A caution or a fine of between 15,000,000 and 20,000,000 shall be imposed for digging and removing soil and stone in the safety corridors of the raw water pipelines and clean water pipelines; enriching the safety corridor of the raw water pipelines and clean water pipelines;
3. A fine of between VND 20,000,000 and 25,000,000 shall be imposed for breaking the raw water pipelines and clean water pipelines;
4. Remedial measures:
a) Coercively taking remedial measures of environmental pollution;
b) Coercively restoring the initial conditions;
Article 44. Violation of regulations on safety protection of technical works of water supply system
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of discharging manure, trash, building materials, defecation, animal raising, tree and vegetable plantation, crop cultivation in the safety area of works of water supply system;
2. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts of violation of regulations on safety, protection of safety area of water towers, reservoirs and other technical works of water supply system;
3. Remedial measures: Coercively taking remedial measures of environmental pollution;
Article 45. Violation of regulation on protection and using of water supply system
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Using water before the position of water meter;
b) Falsifying water meter;
c) Arbitrarily changing location, size and type of water meter;
d) Removing seal or lead seal of water measuring device improperly;
2. A fine between VND 1,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Damaging the water supply pipelines and technical equipment in the water supply network;
b) Willingly connecting the water supply pipeline and changing the diameter of water supply pipelines improperly;
c) Moving pipelines and technical equipment of the water supply network improperly.
3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Supplying clean water for domestic use without prescribed quality assurance;
b) Failing to supply water under the contract signed with the households using water.
4. Remedial measures:
a) Coercively restoring the initial conditions;
b) Coercively surrendering the illegal benefits obtained due to administrative violation specified at Point a, b and c, Clause 1, Point b, Clause 2 of this Article;
Article 46. Violation of regulations on operation and use of water drainage system
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for discharging soil, stone, materials and trash into rivers, lakes, canals, ditches, manholes, culvert and gutter to impede the flow;
2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:
a) Discharging the hazardous materials into the public water drainage system;
b) Violating the regulations on protection of water drainage system;
3. A fine of between VND 4,000,000 and 8,000,000 shall be imposed for one of the acts as follows:
a) Arbitrarily connecting to the water drainage network and performing construction in rivers, channels, ponds and lakes;
b) Leveling and filling up canals, ditches, ponds for public drainage in contravention with the law;
c) Willingly moving the underground pipeline and water drainage manhole;
d) Performing works construction on land, on water surface, under water in the protection area of water drainage system in contravention with the law;
4. Remedial measures:
a) Coercively restoring the initial conditions;
b) Coercively demolishing the construction works and construction parts in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specifies at Point d, Clause 3 of this Article;
SECTION 2. VIOLATION OF REGULATIONS ON MANAGEMENT OF GENERAL SOLID WASTE
Article 47. Violation of regulations on collection, transport and dumping of trash and building waste and treatment of general solid waste
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to record and store documents of waste materials as prescribed;
2. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for one of the acts as follows:
a) Storing the general solid waste at improper place or exceeding the prescribed time without treatment;
b) Placing the general solid waste with types of hazardous waste;
3. A fine of VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:
a) Operating the general solid waste treatment facility inconsistently with the technological process in projects appraised and approved by the competent authority;
b) Using the treatment technology of general solid waste inconsistently causing environmental pollution or substandard environmental indicators;
c) Treating the general solid waste inconsistently with the process and techniques and without assurance of survey indicators of gas emission, water environment, heavy metal composition, physico-chemical indicators and organic indicators as prescribed;
d) Failing to arrange safe distance for other civil works as prescribed;
4. Remedial measures:
a) Coercively taking remedial measures of environmental pollution for the acts specified in Clause 2, Point a, b and c of Clause 3 of this Article;
b) Coercively treating the general solid waste under the prescribed processes and techniques for the acts specified at Point c, Clause 3 of this Article;
c) Coercively ensuring the safe distance as prescribed for the acts specified at Point d, Clause 3 of this Article;
SECTION 3. VIOLATION OF REGULATIONS ON URBAN LIGHTING AND TREES
Article 48. Violation of regulations on protection and use of public lighting system
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for decoration, hanging of advertising panel and other things on lighting columns without permission or with permission but improper hanging;
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Damaging the equipment and public lighting system;
b) Illegally moving or improperly using the devices in the public lighting system;
3. Remedial measures: Coercively restoring the initial conditions.
Article 49. Violation of regulations on protection of trees, parks and gardens
1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for piercing or nailing trees; willingly plucking flowers, cutting branches, burning foot of tree, peeling trunk, defecating or committing other acts to damage trees, gardens and lawn;
2. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Building ring around tree foot on streets, parks and other public places improperly;
b) Stretching wire, decorative lighting, hanging advertising panel and other things on trees at public places, streets and parks improperly;
c) Leaving cattle graze in parks and gardens;
3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:
a) Discharging waste, hazardous substance and building materials onto tree foot or willingly damaging and impeding the development of trees in urban area;
b) Planting trees on pavement, separating strip, streets, intersections and public areas improperly;
c) Planting trees in the list of trees banned from plantation and other trees in the list of trees of limited plantation without permission from the competent authority;
d) Failing to use works in parks for improper purposes;
dd) Damaging cultural facilities, services and public works in parks and gardens;
e) Encroaching and building works on the existing tree land or identified in the urban planning or preventing the tree plantation as prescribed;
g) Organizations and individuals assigned for management have failed to comply with the regulations on maintenance, care and development of urban trees;
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for willingly chopping or moving trees; cutting branches, trimming, digging and cutting root improperly;
5. Remedial measures:
a) Coercively restoring the initial conditions for the acts specified at Point a, b, Clause 2, Point a, b, c, Article and dd, Clause 3 of this Article;
b) Coercively demolishing construction work and works parts in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified at Point e, Clause 3 of this Article.
SECTION 4. VIOLATION OF REGULATIONS ON MANAGEMENT OF CEMETERY
Article 50. Violation of regulations on building, management and use of cemetery.
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:
a) Building tombs and gravestones and other works in cemetery improperly;
b) Damaging gravestones and tombs in the cemetery;
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:
a) Performing the burial the cemeteries which were closed as prescribed;
b) Failing to move tombs under the cemetery construction planning or urban development project approved by the competent authority;
c) Willingly move tombs in cemetery without permission of cemetery management board;
d) Hindering or failing to comply with regulations on burial, exhumation of bone and disinterment and cremation;
3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:
a) Damaging public works in cemetery;
b) Building fake tomb and cemetery;
c) Digging and damaging tombs without permission from the competent authority;
SECTION 5. VIOLATION OF REGULATIONS ON MANAGEMENT OF UNDERGROUND WORKS AND GENERAL USE OF URBAN TECHNICAL INFRASTRUCTURE
Article 51. Violation of regulations on using urban underground works
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:
a) Illegally connecting underground wires and pipes;
b) Using system of tunnel and trench without permit or for wrong purpose; willingly digging, moving and connecting tunnel and trench; violating regulations on management and protection of technical infrastructure works;
2. Remedial measures: Coercively restoring the initial conditions.
Article 52. Violation of regulations on management, operation and use of technical infrastructure works
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for assigned to manage the technical infrastructure works without coverage, installation of signs and issue of regulations on protection of technical infrastructure works;
2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the violation of regulations on maintenance and repair of technical infrastructure works;
Article 53. Violation of regulations on management and general use of technical infrastructure works
1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one the acts as follows:
a) Obstructing the installation, operation, maintenance, equipment upgrade under the signed contract;
b) Violation of regulations on management, operation, use and maintenance of technical infrastructure works commonly used;
2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for installation, management and operation of wire, telecommunication cable, electricity, public lighting, water supply and drainage pipeline, energy supply and equipment in technical infrastructure works commonly used inconsistently with regulations;
3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for building the technical infrastructure works commonly used without compliance with the urban planning and without building permit as prescribed or inconsistently with the contents of building permit issued;
4. Remedial measures:
a) Coercively restoring the initial conditions for the acts specified in Clause 2 of this Article;
b) Coercively demolishing the construction works, parts of construction works in violation as prescribed in Decree No. 180/2007/ND-CP for the acts specified in Clause 3 of this Article;
Tìm kiếm
Nghị định 121/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây dựng; quản lý công trình hạ tầng kỹ thuật; quản lý phát triển nhà và công sở (Bản Word)
Nghị định 121/2013/NĐ-CP quy định xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây dựng; quản lý công trình hạ tầng kỹ thuật; quản lý phát triển nhà và công sở (Bản Pdf)
