Chương 3 Nghị định 142/2013/NĐ-CP: Hành vi vi phạm hành chính trong lĩnh vực khoáng sản, hình thức xử phạt, mức phạt và biện pháp khắc phục hậu quả

Chapter 3.

ACTS OF ADMINISTRATIVE VIOLATIONS IN MINERAL DOMAIN, SANCTION FORMS, SANCTION LEVELS AND REMEDIAL MEASURES

Article 22. Violations of regulations on field survey, taking samples on ground to select area for making scheme on mineral exploration

To impose a fine on acts of field survey, taking samples on ground to select area for making scheme on mineral exploration without written acceptance of the provincial People’s Committees where have minerals, specified as follows:

1. A fine of between VND 2,000,000 and 5,000,000 when making exploration scheme for minerals used to do normal building materials of business households.

2. A fine of between VND 10,000,000 and 20,000,000 when making exploration scheme for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 of this article.

3. A fine of between VND 30,000,000 and 50,000,000 when making exploration scheme for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

Article 23. Violations of regulations on notification of exploration plan, report of mineral exploration result, conditions for construction organization under scheme on mineral exploration, obligations when permit of mineral exploration ceases to be effective

1. To impose a fine on act of failing to notify in writing the provincial People’s Committees where mineral exploration is conducted about exploration plan before implementation, specified as follows:

a) A fine of between VND 2,000,000 and 5,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 5,000,000 and 10,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 10,000,000 and 20,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

2. A fine of between VND 20,000,000 and 30,000,000 for act of submission later than 30 (thirty) days, from the final day of report term or failing to send periodical reports on mineral exploration activities to the mineral state management agencies.

3. To impose a fine on act of sending reports with wrong content in excess of 10% between actual volume of mineral exploration operation in comparison with volume stated in Scheme on mineral exploration which has been approved by competent agencies, specified as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. To impose a fine on act of having not yet submit approval for mineral deposit after all exploration volume has been implemented and time limit stated in license for mineral exploration is expired, specified as follows:

a) A fine of between VND 10,000,000 and 20,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

5. To impose a fine on act of failing to send report on mineral exploration result enclosed with decision on approving mineral deposit in geologic archival and to state agencies competent to licensing within 90 (ninety) days after receiving decision on approving mineral deposit, without legitimate reason, specified as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

6. To impose a fine on act of conducting Scheme on mineral exploration while not satisfying conditions for mineral exploration practice under regulations, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 20,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

7. A fine of between VND 70,000,000 and 100,000,000 for any of the following violations:

a) Failing to move all their assets and assets of relevant parties from the exploration area after license for mineral exploration ceases to be effective;

b) Failing to conduct the leveling of the exploration works and protect minerals not yet been exploited as prescribed by law after permit of mineral exploration ceases to be effective;

c) Failing to hand, submit specimens, information of the collected minerals to the mineral state management agencies as prescribed by law after permit of mineral exploration ceases to be effective;

d) Arbitrarily changing the exploration method or changing exploration volume with cost more than 10% of total estimate in the approved Scheme on mineral exploration without acceptance of state management agencies competent to licensing before implementation.

8. Remedial measures:

Forcible leveling of the exploration works, implementation of measures to protect minerals which have not yet exploited, restoration of environment and handing of specimens, information of minerals to state management agencies competent to mineral for violations specified at points a, b and c Clause 7 of this Article.

Article 24. Violations of regulations on mineral exploration area

1. A fine of between VND 2,000,000 and 5,000,000 for act of setting up landmarks at angular closure points of area permitted mineral exploration inconsistently with the prescribed specification or failing to implement fully the setting up of landmarks at angular closure points of area permitted mineral exploration.

2. To impose a fine on act of failing to set up landmarks at angular closure points of area permitted mineral exploration, specifying as follows:

a) A fine of between VND 5,000,000 and 10,000,000 in case of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 in case of exploring other minerals under the licensing authority of the provincial People’s Committees;

c) A fine of between VND 20,000,000 and 30,000,000 in case of exploring minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on act of mineral exploration outside of boundary provided that exploration area in excess of boundary is 10% or more of total area of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 20,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. Remedial measures:

Forcible leveling, restoration of environment in the exploration area in excess of the permitted area for cases specified in Clause 3 this Article.

Article 25. Violations of regulations on mineral exploration transfer

To impose a fine on acts of transferring, receiving transfer of the right to explore minerals without acceptance of state management agencies competent to licensing, specifying as follows:

1. A fine of between VND 20,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households.

2. A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 this Article

3. A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

Article 26. Violations of regulations on hazardous mineral exploration

1. A fine of between VND 50,000,000 and 70,000,000 or depriving the right to use the mineral exploration license, from 03 (three) months to 06 (six) months, for acts of failing to implement or implement insufficiently measures to prevent environmental pollution which have been defined in Scheme on mineral exploration but not yet caused environmental pollution during exploration.

2. A fine of between VND 70,000,000 and 100,000,000 or depriving the right to use the mineral exploration license, from 06 (six) months to 09 (nine) months, for acts of failing to implement or implement insufficiently measures to prevent environmental pollution which have been defined in Scheme on mineral exploration, caused environmental pollution during exploration.

3. A fine of between VND 100,000,000 and 150,000,000 or depriving the right to use the mineral exploration license, from 09 (nine) months to 12 (twelve) months, for acts of causing environmental pollution during exploration and failing to implement sufficiently remedy measures.

4. A fine of between VND 150,000,000 and 200,000,000 or depriving the right to use the mineral exploration license, from 12 (twelve) months to 16 (sixteen) months, for acts of causing environmental pollution during exploration without implementation of any remedy measure.

5. Remedial measures:

a) Forcible implementation of measures to prevent environmental pollution, bad impacts to human health for violations specified at Clause 1 this article;

b) Forcible sufficient implementation of measures to remedy environmental pollution for violations specified at Clause 2 and Clause 3 this article.

Article 27. Violations of other regulations on mineral exploration

1. To impose a fine on act of mineral exploration without mineral exploration license as prescribed or mineral exploration outside of boundary provided that exploration area in excess of boundary is 10% or more of total area of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 10,000,000 and 150,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point d this Clause;

d) A fine of between VND 150,000,000 and 200,000,000 for cases of exploring gold, silver, precious stones, platinum, hazardous minerals.

2. To impose a fine on act of exploration after license of mineral exploration is expired (unless dossier of request for extension of mineral exploration license is being considered by competent agency under regulations) or mineral exploration in duration the right to use mineral exploration license has been deprived, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for cases of exploring minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for cases of mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point d this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for cases of exploring gold, silver, precious stones, platinum, hazardous minerals.

3. Forms of additional sanction:

a) To confiscate specimen being minerals; confiscate means used to commit administrative violations for violations specified at Clause 1 and Clause 2 this Article;

b) To suspend activities of mineral exploration, from 01 (one) month to 06 (six) months, for cases of violations specified at Clause 2 this Article.

4. Remedial measures:

Forcible leveling the exploration works, restoration of environment in the explored area for cases of violations specified at Clause 1 this Article.

Article 28. Violations of regulations on mine fundamental construction, report on results of mineral exploration activities, payment of charges for licensing mineral exploitation, exploration, upgrading of mineral deposit, resources

1. To impose a fine of between VND 3,000,000 and 5,000,000 on act of failing to notify in writing the provincial People’s Committees where have mine about the beginning day of mine fundamental construction, the beginning day of exploitation before implementation.

2. To impose a fine on acts of failing to register for the beginning day of mine fundamental construction with state agencies competent to licensing; failing to register for the beginning day of exploitation with state agencies competent to licensing, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. A fine of between VND 20,000,000 and 30,000,000 for any of the following violations:

a) To submit periodical reports on activities of mineral exploitation to state management agencies competent to licensing later than 15 (fifteen) days and less than 30 (thirty) days, from the final day of report term;

b) Failing to keep information of result of exploration and upgrading of mineral deposit, upgrading of natural resources in areas permitted mineral exploitation.

4. A fine of between VND 30,000,000 and 50,000,000 for act of submitting periodical reports on mineral exploitation activities to state management agencies competent to licensing later than 30 (thirty) days, from the final day of report term or failing to send periodical reports on mineral exploitation activities under regulations.

5. To impose a fine on acts of failing to notify the state management agencies competent to licensing about plan, volume, duration of exploration, upgrading of mineral deposit, upgrading of natural resources in scope of area permitted taking minerals before implementation, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000 for minerals under the licensing authority of the provincial People’s Committees;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

6. For acts of failing to pay charges for grant of right to exploit minerals under notification of competent state agencies, apart from being handled as prescribed by Law on tax administration, organizations and individuals committing violations are also applied form of additional sanction which is depriving the right to use license for mineral exploitation, from 04 (four) months to 06 (six) months.

Article 29. Violations of regulations on mineral exploration area

1. A fine of between VND 3,000,000 and 5,000,000 for act of setting up landmarks at angular closure points of area permitted mineral exploration inconsistently with the prescribed specification or failing to implement fully the setting up of landmarks consistently with specification at angular closure points of area permitted mineral exploration.

2. To impose a fine on act of failing to set up landmarks consistently with specification at angular closure points of area permitted mineral exploration, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 20,000,000 and 30,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on act of mineral exploration in excess of limitation up to 10% or more of total area or total height of zone permitted mineral exploration, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

4. Forms of additional sanction:

a) Confiscating all mineral exploited in area in excess of limitation or height of zone permitted exploiting for one of cases of violations specified in Clause 3 this Article;

b) Depriving the right to use mineral exploitation license, from 01 (one) month to 03 (six) months, for cases of violations specified at Clause 3 this Article.

5. Remedial measures:

Forcible leveling, restoration of environment, implementation of solutions to bring areas which have been exploited in excess of the limitation, height permitted exploitation to the safe status; forcible submission of illegal benefits gained from committing administrative violations for violations specified at clause 3 this Article.

Article 30. Violations of regulations on mine design

1. To impose a fine on acts of failing to submit the approved mine design under regulations to state management agencies competent to minerals, specifying as follows:

a) A fine of between VND 2,000,000 and 5,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 30,000,000 and 50,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment.

2. To impose a fine on one of acts of mineral exploitation improperly with the exploitation technology and method already been defined in the approved mine design or stated in license of mineral exploitation, investment projects of mineral exploitation without permission in writing of competent state agencies, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals used to do normal building materials not using industrial explosives; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for minerals used to do normal building materials using industrial explosives;

d) A fine of between VND 70,000,000 and 100,000,000 for cases of mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 100,000,000 and 150,000,000 for cases of mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 150,000,000 and 200,000,000 for hazardous minerals.

3. To impose a fine on act of mineral exploitation without the approved mine design under regulation, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 100,000,000 and 200,000,000 for cases of mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 200,000,000 and 300,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 300,000,000 and 400,000,000 for hazardous minerals.

4. Forms of additional sanction:

Depriving the right to use mineral exploitation license, from 06 (six) months to 12 (twelve) months, for cases of violations specified at Clauses 2 and 3 this Article.

Article 31. Violations of regulations on mine executive director

1. A fine of between VND 10,000,000 and 20,000,000 for any of the following violations:

a) At the same time, signing contracts of mine executive director to administer exploitation operation for 02 (two) mineral exploitation licenses or more;

b) Failing to notify in writing the state management agencies competent to licensing of mineral exploitation about professional qualification and capability of mine executive director;

c) Appointing one person who acts as mine executive director to administer exploitation operation (at the same time) for 02 (two) mineral exploitation licenses or more;

2. To impose a fine on act of appointing mine executive director failing to satisfy standards under regulation, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 30,000,000 and 50,000,000, for minerals under the licensing authority of the provincial People’s Committees, except for cases defined at points a and b of this Clause;

d) A fine of between VND 50,000,000 and 70,000,000 for minerals under the licensing authority of the Ministry of Natural Resources and Environment, except for cases specified at point dd this Clause;

dd) A fine of between VND 70,000,000 and 100,000,000 for hazardous minerals.

3. To impose a fine on act of mineral exploitation without mine executive director, specifying as follows:

b) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 120,000,000 and 150,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 160,000,000 and 200,000,000 for cases of exploiting hazardous minerals.

4. Forms of additional sanction:

a) Suspending mineral exploitation, from 03 (three) months to 6 (six) months for violations specified at points a and b Clause 3 of this Article;

b) Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for cases of violations specified at points c, d, dd and e Clause 3 of this Article.

Article 32. Violations of regulations on making status quo maps, drawings of status quo cross sections of area permitted exploitation; making statistics, inventory of mineral deposit, output of minerals which have been exploited

1. To impose a fine on act of failing to manage, keep sufficiently the mine status quo maps, drawings of status quo cross section of area permitted exploitation, under regulations, specifying as follows:

a) A fine of between VND 3,000,000 and 5,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 20,000,000 and 30,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 30,000,000 and 50,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 70,000,000 and 100,000,000 for exploiting hazardous minerals.

2. To impose a fine on act of making mine status quo maps, status quo cross section of area permitted exploitation but information and data on map, cross section are inexact in comparison with reality of mineral exploitation status quo (except for cases of exploiting sand, gravel in river, spring-beds, sand at sea, exploitation of hot water, mineral water) as follows:

a) A fine of between VND 3,000,000 and 5,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 10,000,000 and 20,000,000 for minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 120,000,000 and 150,000,000 for hazardous minerals.

3. To impose a fine on act of failing to make the mine status quo maps; failing to make status quo cross section of area permitted exploitation, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause;

d) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration by open method, except for cases specified at points a, b, c and e this Clause;

dd) A fine of between VND 100,000,000 and 150,000,000 for mineral exploration by pit method, except for cases specified at points a, b, c and e this Clause;

e) A fine of between VND 150,000,000 and 200,000,000 for exploiting hazardous minerals.

4. To impose a fine on acts of failing to send or send result of making statistics, inventory of the remaining mineral deposits in area permitted exploitation to state management agencies competent to licensing later than 30 (thirty) days from the final day of report term on mineral exploitation activities:

a) A fine of between VND 20,000,000 and 30,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for cases of mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

5. To impose a fine on act of failing to conduct the work of making statistics, inventory of the remaining mineral deposit in area permitted exploitation, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

6. Forms of additional sanction:

a) Depriving the right to use mineral exploitation license, from 02 (two) months to 04 (four) months, for cases of violations specified at Clause 3 this Article;

b) Depriving the right to use mineral exploitation license, from 04 (four) months to 06 (six) months, for cases of violations specified at Clause 5 of this Article.

Article 33. Violations of regulations on the permitted exploitation output

1. To impose a fine on act of exploitation in excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 70,000,000 and 100,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 120,000,000 and 150,000,000 for exploiting gold, silver, platinum, hazardous minerals.

2. To impose a fine on act of exploitation in 10% - 20% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 120,000,000 and 150,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 160,000,000 and 200,000,000 for exploiting gold, silver, platinum, hazardous minerals.

3. To impose a fine on act of exploitation in 20% - 50% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 70,000,000 and 100,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 120,000,000 and 150,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at point a this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 160,000,000 and 200,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 210,000,000 and 250,000,000 for exploiting gold, silver, platinum, hazardous minerals.

4. Forms of additional sanction:

a) To confiscate all material evidences being minerals which have been exploited in excess of the permitted exploitation output as stated in mineral exploitation license;

b) Depriving the right to use mineral exploitation license, from 02 (two) months to 04 (four) months, for violations specified at Clause 2 this Article;

c) Depriving the right to use mineral exploitation license, from 04 (four) months to 06 (six) months, for violations specified at Clause 3 this Article.

5. Remedial measures:

Forcible implement measures to remedy environmental pollution, damages of technical infrastructure; forcible return of all mineral volume or value in money gained from exploitation in excess of the permitted exploitation output.

Article 34. Violations of regulations on exploiting minerals used to do normal building materials not required mineral exploitation license

1. To impose a fine on act of exploiting minerals used to do normal building materials in land area belonging to land use right of households, individuals without use to build works of households, individuals in such area, specifying as follows:

a) A fine of between VND 6,000,000 and 10,000,000 for cases of using minerals after exploitation as a gift to other persons.

b) A fine of between VND 10,000,000 and 20,000,000 for cases of selling minerals after exploitation to other organizations and individuals.

2. A fine of between VND 50,000,000 and 70,000,000 for one of acts of failing to register the zone, output, volume, method, equipment and plan of exploitation at the provincial People’s Committees where have minerals for exploitation of minerals used to do normal building materials in land area of projects on works construction investment already been approved or permitted investment by competent state agencies, provided that products of exploitation are used for construction of such works.

3. To impose a fine on act of exploiting minerals used to do normal building materials in land area of projects on works construction investment already been approved or permitted investment by competent state agencies but products of exploitation are not used for construction of such works, specifying as follows:

a) A fine of between VND 50,000,000 and 70,000,000 in cases where minerals after exploitation are used for other projects, works;

b) A fine of between VND 70,000,000 and 100,000,000 in cases where minerals after exploitation are sold to other organizations and individuals.

4. Forms of additional sanction:

To confiscate all material evidences being minerals which are not used to build the works of households, individuals or build works of organizations, for violations specified at Clause 1 and Clause 3 this Article.

5. Remedial measures:

Forcible return of illegal benefit gained from committing administrative violations for violations specified at Clause 1 and Clause 3 of this article.

Article 35. Violations of regulations on exploration right transfer

To impose a fine on acts of transferring right to exploit minerals without acceptance license of competent state management agencies, specifying as follows:

1. A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households.

2. A fine of between VND 120,000,000 and 150,000,000 for other mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at Clause 1 this Article;

3. A fine of between VND 260,000,000 and 300,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

Article 36. Violations of regulations on obligations when winning auction of right to exploit minerals

1. A fine of between VND 20,000,000 and 30,000,000 for act of failing to submit dossier of request for grant of mineral exploration license to state agencies competent to licensing within 06 (six) months from the ending day of auction under regulations.

2. A fine of between VND 30,000,000 and 50,000,000 for act of failing to submit dossier of request for grant of mineral exploitation license to state agencies competent to licensing within 12 (twelve) months from the ending day of auction under regulations.

3. For acts of failing to pay charges for winning auction of right to exploit minerals according to notification of competent state agencies, apart from being handled as prescribed by Law on tax administration, organizations and individuals committing violations are also applied form of additional sanction which is depriving the right to use license for mineral exploitation, from 04 (four) months to 06 (six) months.

Article 37. Violations of other regulations in mineral exploration

1. To impose a fine on acts of exploiting minerals used to do normal building materials not using industrial explosives without mineral exploitation license, specifying as follows:

a) A fine of between VND 3,000,000 and 5,000,000 for exploiting with the exploited-mineral volume up to 5m³/day;

b) A fine of between VND 6,000,000 and 10,000,000 for exploiting with the exploited-mineral volume of between 5m³/day and less than 10 m³/day;

c) A fine of between VND 12,000,000 and 20,000,000 for exploiting with the exploited-mineral volume of between 10m³/day and less than 15 m³/day;

d) A fine of between VND 30,000,000 and 40,000,000 for exploiting with the exploited-mineral volume of between 15 m³/day and less than 20 m³/day;

dd) A fine of between VND 50,000,000 and 60,000,000 for exploiting with the exploited-mineral volume of between 20 m³/day and less than 25 m³/day;

e) A fine of between VND 50,000,000 and 70,000,000 for exploiting with the exploited-mineral volume of 25 m³/day or more.

2. To impose a fine on act of exploration after license of mineral exploration is expired (unless they have submitted dossiers of request for extension of mineral exploration license and dossiers are being considered by competent agency under regulations) or mineral exploration in duration the right to use mineral exploration license has been deprived; exploitation in excess of 50% or more up to 100% in comparison with the permitted annual exploitation output as stated in mineral exploitation license, specifying as follows:

a) A fine of between VND 40,000,000 and 60,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 80,000,000 and 110,000,000 for exploiting minerals used to do normal building materials not using industrial explosives; except for cases specified at point a this Clause; peat exploitation;

c) A fine of between VND 140,000,000 and 160,000,000 for exploiting minerals used to do normal building materials using industrial explosives; except for cases specified at points a and b this Clause; exploitation of mineral water, sand, gravel at river-bed;

d) A fine of between VND 180,000,000 and 210,000,000 for exploiting other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 230,000,000 and 260,000,000 for exploiting gold, silver, platinum, hazardous minerals.

3. To impose a fine on act of mineral exploitation without mineral exploitation license under regulation, except for cases specified at Clause 1 this Article or exploitation in 100% excess of the permitted annual exploitation output as stated in mineral exploration license, specifying as follows:

a) A fine of between VND 50,000,000 and 70,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 150,000,000 and 200,000,000 for minerals used to do normal building materials not using industrial explosives; peat exploitation;

c) A fine of between VND 250,000,000 and 300,000,000 for minerals used to do cement materials minerals used to do normal building materials using industrial explosives; exploitation of mineral water;

d) A fine of between VND 500,000,000 and 600,000,000 for other minerals, except for cases specified at points a, b and c this Clause;

dd) A fine of between VND 800,000,000 and 1,000,000,000 for gold, silver, platinum, hazardous minerals.

4. Forms of additional sanction:

a) To confiscate all material evidences being minerals; confiscate means used to commit administrative violations for violations specified in this Article;

b) Suspending mineral exploitation, from 06 (six) months to 12 (twelve) months for violations specified at Clauses 2 and 3 of this Article;

c) Depriving the right to use mineral exploitation license, from 06 (six) months to 12 (twelve) months, for cases of violations in 100% excess of output as specified at Clause 3 this Article.

5. Remedial measures:

Forcible implementation of solutions to remedy environment of the exploited zone, bring areas which have been exploited to the safe status for violations specified at clauses 1 and 3 this Article.

Article 38. Violations of regulations on exploration mine closure

1. To impose a fine on act of implementing insufficiently solutions to bring the exploited zone to the safe status, restore land which have been defined in the scheme on mineral mine closure already been approved by competent authorities, specifying as follows:

a) A fine of between VND 10,000,000 and 20,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 30,000,000 and 50,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 50,000,000 and 70,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

2. To impose a fine on act of failing to implement solutions to bring the exploited zone to the safe status, restore land which have been defined in the scheme on mineral mine closure already been approved by competent authorities, specifying as follows:

a) A fine of between VND 20,000,000 and 30,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

3. To impose a fine on acts of failing to make scheme on mine closure for cases specified in Article 73 of Law on minerals, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploiting minerals used to do normal building materials of business households;

b) A fine of between VND 50,000,000 and 70,000,000, for mineral exploitation under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 70,000,000 and 100,000,000 for mineral exploration under the licensing authority of the Ministry of Natural Resources and Environment.

4. A fine of between VND 200,000,000 and 300,000,000 for acts of dismantling, destroying the works, equipment ensuring mine safety, protecting environment at zones of mineral exploitation after license ceased to be effective.

5. Remedial measures:

a) Forcible implementation of all solutions to bring the exploited zone to the safe status, restore land according to the scheme on mineral mine closure already been approved by competent authorities, for violations specified at Clauses 1 and 2 this Article;

b) Forcible restore or re-construction of works, equipment ensuring mine safety, protecting environment at zone of mineral exploitation for violations specified at clause 4 this Article.

Article 39. Violations of regulations on lawful rights and benefits of localities and people where minerals are exploited

1. A fine of between VND 30,000,000 and 50,000,000 for act of implementing insufficiently the works items of upgrading, repair, construction of traffic roads in serve of mineral exploitation which have been defined in the approved projects on mineral exploitation works investment, mine design.

2. A fine of between VND 70,000,000 and 100,000,000 for act of failing to implement the works items of upgrading, repair, construction of traffic roads in serve of mineral exploitation which have been defined in the approved projects on mineral exploitation works investment, mine design.

3. Remedial measures:

Forcible implementation of all the works items of upgrading, repair, construction of traffic roads for violations specified in this Article.

Article 40. Violations of regulations on using mineral information

1. A fine of between VND 25,000,000 and 40,000,000 for act of using mineral information to make scheme on mineral exploration or investment projects on mineral exploitation, provided such information is not supplied by competent state agencies under regulations.

2. A fine of between VND 70,000,000 and 100,000,000 or depriving the right to use mineral exploitation license with a defined term from 03 (three) months to 06 (six) months for acts of failing to return costs for mineral geology basic survey, mineral exploration when using mineral information in serve of mineral exploitation (unless they have invested in mineral geology basic survey, mineral exploration under regulations).

Article 41. Violations of regulations on making mineral reports when have new discovery during mineral survey, exploration and exploitation

1. A fine of between VND 20,000,000 and 30,000,000 for act of reporting insufficiently kinds of mineral detected in zone of survey, mineral evaluation, and mineral exploration to state management agencies competent to licensing.

2. A fine of between VND 30,000,000 and 50,000,000 for act of failing to report kinds of mineral detected in zone of survey, mineral evaluation, and mineral exploration to state management agencies competent to licensing.

3. A fine of between VND 70,000,000 and 100,000,000 for act of failing to report in writing to state management agencies competent to licensing when detecting new minerals during exploitation.

4. Forms of additional sanction:

Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for violations specified at Clause 3 this Article.

Article 42. Violations of regulations in mineral geology basic survey

1. A fine of between VND 5,000,000 and 10,000,000 for act of failing to register for mineral geology basic survey at mineral state management agencies under regulations, before implementation.

2. A fine of between VND 10,000,000 and 20,000,000 for act of conducting the mineral geology basic survey inconsistently with the scheme already approved by competent state management agencies.

3. A fine of between VND 20,000,000 and 30,000,000 for any of the following violations:

a) Disclosing information of geology, minerals during the course of mineral geology basic survey;

b) Failing to implement solutions to protect environment; protect minerals which have not yet been exploited during the course of mineral geology basic survey;

c) Submitting reports on result of mineral geology basic survey, geology specimens to the mineral state management agencies later than 30 (thirty) days;

d) Implementing the work of mineral geology basic survey without permission in writing of competent state agencies.

4. A fine of between VND 30,000,000 and 50,000,000 for any of the following violations:

a) Failing to submit to competent state management agencies for approving reports on result of mineral geology basic survey;

b) Failing to submit reports on result of mineral geology basic survey, geology specimens to the mineral state management agencies under regulations.

Article 43. Violations of other regulations on mineral management

1. To impose a fine on act of misusing exploration to exploit minerals, specifying as follows:

a) A fine of between VND 30,000,000 and 50,000,000, for exploring minerals used to do normal building materials of business households;

b) A fine of between VND 60,000,000 and 100,000,000 for mineral exploration under the licensing authority of the provincial People’s Committees, except for cases defined at point a this Clause;

c) A fine of between VND 120,000,000 and 200,000,000 for exploring minerals under the licensing authority of the Ministry of Natural Resources and Environment;

d) A fine of between VND 400,000,000 and 500,000,000 for exploring minerals being gold, silver, platinum.

2. A fine of between VND 70,000,000 and 100,000,000 for act of mineral exploitation causing damaged of minerals in excess of 10% or more in comparison with the norm damage level as defined in the approved projects on mineral exploitation investment, mine design.

3. A fine of between VND 150,000,000 and 200,000,000 for acts of failing to revoke the associated minerals which have been defined in the approved investment projects.

4. Forms of additional sanction:

a) Confiscating all material evidences being minerals for violations specified at Clause 1 this Article;

b) Depriving the right to use mineral exploration license, from 06 (six) months to 12 (twelve) months, for violations specified at points b, c and d Clause 1 this Article;

c) Depriving the right to use mineral exploitation license, from 03 (three) months to 06 (six) months, for violations specified at Clauses 2 and 3 this Article.

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