Chương 4 Nghị định 142/2013/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính và áp dụng biện pháp khắc phục hậu quả trong lĩnh vực tài nguyên nước và khoáng sản

Chapter 4.

THE AUTHORITIES OF ADMINISTRATIVE VIOLATION SANCTION AND APPLICATION OF REMEDIAL MEASURES IN DOMAINS OF WATER RESOURCES AND MINERALS

Article 44. Authority of inspectors

1. Specialized inspectors, persons assigned to implement tasks of specialized inspectors in Natural Resources and Environment on duty have the powers:

a) To impose a warning;

b) To fine up VND 500,000;

c) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 500,000;

d) To apply remedial measures specified at points c and i Clause 3 article 2 of this Decree.

2. The Chief Inspectors of the provincial Departments of Natural Resources and Environment; heads of specialized inspection teams under inspection decisions and decisions on establishment of inspection teams of General Director of the General Department of Geology and Minerals of Vietnam, Directors of the provincial Departments, the Chief Inspectors of the provincial Departments of Natural Resources and Environment have powers:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 50,000,000;

dd) To apply remedial measures specified in this Decree.

3. Head of specialized inspection teams under inspection decisions and decisions on establishment of inspection teams of Minister of Natural Resources and Environment, the Chief Inspector of the Ministry of Natural Resources and Environment have powers:

a) To impose a warning;

b) To fine up to VND 175,000,000 for acts of administrative violations in domain of water resources; fine up to VND 250,000,000 for acts of administrative violations in mineral domain;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding the respective fine level specified at point b this clause;

dd) To apply remedial measures specified in this Decree.

4. The Chief Inspector of the Ministry of Natural Resources and Environment, General Director of the General Department of Geology and Minerals of Vietnam have powers:

a) To impose a warning;

b) To fine up VND 1,000,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified in this Decree.

Article 45. Authorities of the chairpersons of People’s Committee at all levels

1. The commune-level People's Committee presidents have powers:

a) To impose a warning;

b) To fine up VND 5,000,000;

c) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 5,000,000;

d) To apply remedial measures specified at points c, e and i Clause 3 article 2 of this Decree.

2. The district-level People's Committee presidents have powers:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for commission of administrative violations with value not exceeding VND 50,000,000;

dd) To apply remedial measures specified in this Decree.

3. The provincial People's Committee presidents have powers:

a) To impose a warning;

b) To fine up to VND 250,000,000 for acts of administrative violations in domain of water resources; fine up to VND 1,000,000,000 for acts of administrative violations in mineral domain;

c) To deprive the right to use license, practice certificate in a defined term or suspend operation with a defined term;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified in this Decree.

Article 46. Authorities of administrative violation sanction of People's Police, Border Guard, Marine Police, Customs agencies, Forest Ranger, tax agencies, Maritime Port Authorities, Inland Waterway Port Authorities and specialized Inspectors

1. Persons competent to sanction of Police agencies, Border Guard, Marine Police, Customs agencies, Forest Ranger, Tax agencies, Maritime Port Authorities, Inland Waterway Port Authorities have authority to sanction administratively and apply remedial measures for administrative violations defined at Chapter II and Chapter III of this Decree as prescribed in Articles 39, 40, 41, 42, 43, 44, 47 and 52 of Law on handling administrative violations in the areas under their assigned management, function, tasks and powers.

2. Persons competent to sanction of specialized inspection agencies have authority to sanction administratively and apply remedial measures for administrative violations defined at Chapter II and Chapter III of this Decree under sectors and fields managed by them as prescribed in Article 46 and 52 of Law on handling administrative violations.

Article 47. Authority to make written records of administrative violations

1. Persons competent to make written record include:

a) Persons competent to sanction administrative violations in domains of water resources and minerals;

b) Cadres, civil servants of agencies defined at Articles 44, 45 and 46 of this Decree on duty.

2. Persons competent to make written record as prescribed in Clause 1 this Article have power to make administrative written record on administrative violations within scope of implementing the assigned duties and tasks according to the set form and take responsibilities about making written record.

3. An act of administrative violation will only made written record once. If an act of administrative violation has been made written record, do not make written record for the second time for such act of administrative violation

In case when an act of violations have been made written record, then individuals and organizations still continue committing although persons competent to sanction have force terminate acts of violations, when issuing decision on sanction for that act, the competent person may apply additionally aggravating circumstances defined at point i Clause 1article 10 of Law on handling of administrative violations.

4. If individuals and organizations commit many acts of administrative violations in the same violation case or repeated violations for many times, the written record of sanction must present sufficiently violations or number of violation times.

Bài viết liên quan