Chương III Nghị định 155/2016/NĐ-CP: Thẩm quyền, thủ tục xử phạt vi phạm hành chính

Chapter III

POWER AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 48. Power to impose administrative penalties of Chairpersons of People’s Committees at all levels

1. Chairpersons of Communal-level People’s Committees have the power to:

a) Issue warning;

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

c) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 5,000,000;

d) Enforce the remedial measures mentioned in Points a, b, c and dd Clause 3 Article 4 of this Decree.

2. Chairpersons of District-level People’s Committees have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Suspend environmental license or suspend relevant activities intra vires for definite period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 50,000,000;

dd) Enforce the remedial measures mentioned in Points a, b, c, dd, e, g, h, i, k, l and m Clause 3 Article 4 of this Decree.

3. Chairpersons of Provincial-level People’s Committees have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Clause 3 Article 4 of this Decree.

Article 49. Power to impose administrative penalties of People’s Public Security Forces

1. Soldiers on duty of People’s Public Security Forces have the power to:

a) Issue warning;

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

2. Heads of public security stations, and leaders of soldiers mentioned in Clause 1 of this Article have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,500,000;

3. Communal-level police chiefs, heads of public security stations, heads of public security stations at border gates or export processing zones have the power to:

a) Issue warning;

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

c) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 2,500,000;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 3 Article 4 of this Decree.

4. Chiefs of District-level Police Agencies, Chiefs of Provincial-level Police Agencies, including Chiefs of Environmental Police Agencies and Chiefs of Immigration Departments on duty have the power to:

a) Issue warning;

b) Impose a fine up to VND 25,000,000;

c) Suspend environmental license or suspend relevant activities intra vires for definite period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 25,000,000;

dd) Enforce the remedial measures mentioned in Points a, c, dd, i, k, l and m Clause 3 Article 4 of this Decree.

5. Directors of Provincial-level Police Security Departments have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 50,000,000;

dd) Enforce the remedial measures mentioned in Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.

6. Director of the Environmental Police Administration and Director of Immigration Department on duty shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Points a, c, dd, h, i, k, l and m Clause 3 Article 4 of this Decree.

Article 50. Power to impose administrative penalties of specialized inspectorates

1. Environmental inspectors on duty and persons on duty who are assigned to conduct specialized environmental inspections of Departments of Natural Resources and Environment, Vietnam Environment Administration, or Ministry of Natural Resources and Environment have the power to:

a) Issue warning;

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

c) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 500,000;

d) Enforce the remedial measures mentioned in Points a, c, dd, i, k, l and m Clause 3 Article 4 of this Decree.

2. The Chief Inspectors of Departments of Natural Resources and Environment and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment issues shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 50,000,000;

dd) Enforce the remedial measures mentioned in Clause 3 Article 4 of this Decree.

3. Director of Department of Pollution Control affiliated to the Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment issues shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 250,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 250,000,000;

dd) Enforce the remedial measures mentioned in Clause 3 Article 4 of this Decree.

4. The Chief Inspector of Ministry of Natural Resources and Environment, Director General of Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment issues shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Suspend environmental license or suspend relevant activities for definite period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Clause 3 Article 4 of this Decree.

5. Heads of inspectorates in natural resources and environment of Ministry of Natural Resources and Environment shall have the power to impose administrative penalties as prescribed in Clause 3 of this Article.

Heads of inspectorates in natural resources and environment of Departments of Natural Resources and Environment, Vietnam Environment Administration and equivalent-level agencies that are assigned by the Government to conduct inspections of natural resources and environment issues shall have the power to impose administrative penalties as prescribed in Clause 2 of this Article.

Article 51. Power to impose administrative penalties of other forces

Border guard forces, coast guard units, customs agencies, forestry agencies, agriculture and rural development inspectorates, aquatic product inspectorates, market management forces, taxation agencies, maritime authorities, and inland waterways authorities shall have the rights to impose administrative penalties according to the power set forth in Articles 40, 41, 42, 43, 44, 45 and 47 of the Law on penalties for administrative violations with respect of administrative violations against regulations on environmental protection in connection with their managing sectors as prescribed in this Decree.

Article 52. Determination of power to impose penalties for administrative violations against regulations on environmental protection; transfer of case dossiers denoting environmental crimes for criminal prosecution

1. The power to impose penalties for administrative violations against regulations on environmental protection of competent forces is determined as follows:

a) Forestry forces shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving ranger activities prescribed in Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree. Agriculture and rural development inspectorates shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving agriculture and rural development activities prescribed in Clause 5 Article 12, Clause 3 Article 27, Clause 3 Article 34, and Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree. Aquaculture inspectorates shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving aquatic activities prescribed in Clause 5 Article 12, Clause 3 Article 27, and Articles 39, 41, 42, 43, 44, 45, 46 and 47 of this Decree;

b) Maritime authorities shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving maritime activities prescribed in Articles 27, 33, 34 and 47 of this Decree;

c) Inland waterway authorities shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving inland waterway activities prescribed in Articles 33, 34 and 47 of this Decree;

d) Border guard forces shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection prescribed in Articles 33, 34, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;

dd) Coast guard forces shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection committed in the coastal zone, the exclusive economic zone or zones under the sovereignty of the Socialist Republic of Vietnam prescribed in Articles 13, 14, 15, 16, 19, 20, Clauses 7, 8, 9 and 10 Article 21, Clauses 6, 7, 8 and 9 Article 22, and Articles 27, 33, 34, 39, 40, 41,42, 43, 44, 45, 46 and 47 of this Decree;

e) Customs agencies shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection involving customs activities prescribed in Articles 24, 25, 26, 40, 43, 45, 46 and 47 of this Decree;

g) Market management forces shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations against regulations on environmental protection with respect of market management activities, commodities and the trading and use of wild animals prescribed in Articles 26, 40, 43, 46 and 47 of this Decree;

h) People’s public security forces shall, under their authority, and within their managing sectors and scope, have the power to impose penalties for administrative violations prescribed in Points d, dd, e, g, i, k, l, m, n and o Clause 1 Article 9; Clause 3 Article 10; Clause 4 Article 11; Points c and d Clause 2, Points c, d, dd and e Clause 3, Points g, h, i and k Clause 4, Clause 5, Points b and c Clause 6, Points c, d, dd, e, g, h, i and k Clause 7 Article 12; Articles 13, 14, 15, 16, 17, 18 and 19; Clauses 1, 2, 3, 9, 10 and 11 Article 20; Point b Clause 2, Clauses 7, 8, 9 and 10 Article 21; Clauses 5, 6, 7 and 8 Article 22; Clauses 5, 6, 7 and 8 Article 23; Clauses 2 and 3, Point dd, e and g Clause 4 Article 24; Clauses 5, 6 and 7 Article 25; Point dd Clause 3, Clauses 4, 5 and 6 Article 27; Clauses 1, 2, 3 and 5 Article 31; Point c Clause 4, Point b Clause 5, Point b Clause 6 and Clause 8 Article 33; Points b and dd Clause 1, Point d Clause 3 Article 34; Clauses 2, 3 and 4 Article 40; Article 41, Article 43 and Article 47 of this Decree;

i) Chairpersons of Communal-level People’s Committees shall, within their authority and managing scope, have the power to impose penalties for administrative violations against regulations on environmental protection prescribed in Articles 11, 19, 20, 28, 30, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;

k) Chairpersons of District-level People’s Committees shall, within their authority and managing scope, have the power to impose penalties for administrative violations against regulations on environmental protection prescribed in Articles 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 27, 28, 30, 36, 39, 40, 41, 42, 43, 44, 45, 46 and 47 of this Decree;

l) Chairpersons of Provincial-level People’s Committees shall, within their authority and managing scope, have the power to impose penalties for all administrative violations against regulations on environmental protection prescribed in this Decree;

m) Chief Inspectors of Departments of Natural Resources and Environment and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the power to impose penalties for administrative violations against regulations on environmental protection which are prescribed in this Decree and committed within their managing provinces or central-affiliated cities;

n) Chief Inspector of Ministry of Natural Resources and Environment, Director General of Vietnam Environment Administration and holders of equivalent titles who are assigned by the Government to conduct specialized inspections of natural resources and environment shall have the power to impose penalties for administrative violations against regulations on environmental protection prescribed in this Decree within the nationwide scope intra vires.

2. The persons that have the power to impose administrative penalties prescribed in Clause 1 of this Article may, within the ambit of their assigned functions and duties, implement professional methods to detect administrative violations against regulations on environmental protection; make records of administrative violations against regulations on environmental protection which are not under their competence, and cooperate with competent agencies/ persons that have the power to impose penalties for such violations in inspecting and handling such violations in accordance with law regulations.

If an organizational or individual entity commits more than one violation against regulations on environmental protection, the power to impose administrative penalties shall comply with regulations in Clause 4 Article 52 of the Law on penalties for administrative violations.

3. Transfer of case dossiers denoting environmental crimes for criminal prosecution and dossiers of violations for imposition of administrative penalties:

a) The transfer of case dossiers denoting environmental crimes for criminal prosecution and dossiers of violations for imposition of administrative penalties shall be performed in accordance with regulations in Article 62 and Article 63 of the Law on penalties for administrative violations and the Code of Criminal Procedures.

b) Handling of violations suspected of environmental crimes which are detected through the inspection shall comply with regulations of the law on inspection.

Article 53. Responsibility and coordination mechanism in inspection and imposition of penalties for administrative violations against regulations on environmental protection

1. The inspection and imposition of penalties for administrative violations against regulations on environmental protection must ensuring the principle of non-overlap and not causing influence on normal activities of committing organization or individual. Only one inspection team is established to inspect the compliance with regulations on environmental protection of a business establishment or enterprise every year, except for unexpected inspection as regulated by laws.

2. Ministry of Natural Resources and Environment shall consistently perform state management of inspection and imposition of penalties for administrative violations against regulations on environmental protection nationwide with respect of the following contents:

a) Formulate, apply for approval and implement the plan for inspection of the compliance with regulations on environmental protection of Ministry of Natural Resources and Environment nationwide in accordance with laws; annually orientate ministries, ministerial-level agencies and provincial-level people’s committees in subjects, sectors and regions of inspection of the compliance with regulations on environmental protection;

b) Instruct provincial-level people’s committees to formulate, apply for approval and implement their plans for inspection of the compliance with regulations on environmental protection; provide guidance on professional procedures for inspecting and imposing penalties for administrative violations against regulations on environmental protection;

c) Coordinate with People’s Public Security Forces in detecting, preventing and combating environmental crimes and violations against regulations on environmental protection; timely provide information about organizations and/or individuals suspected of environmental crimes to the People’s Public Security Forces in accordance with laws;

d) Take charge of handling overlapped inspection and imposition of penalties for administrative violations against regulations on environmental protection according to the principles, responsibility and coordination mechanism prescribed in this Article; consolidate and announce results of penalties imposed for violations administrative violations against regulations on environmental protection nationwide.

3. Ministry of Public Security shall instruct the People’s Public Security Forces in implementing measures to prevent, detect and combat environmental crimes and violations against regulations on environmental protection, and be responsible for:

a) Organizing the inspection of compliance with the laws and guidelines of Ministry of Natural Resources and Environment; the subjects of the plan for annual inspection prescribed in Point a Clause 2 and Point a Clause 4 of this Article shall not be subject to the said inspection, except for cases suspected of environmental crimes;

b) Taking charge and coordinating with Ministry of Natural Resources and Environment, and instructing People’s Public Security Forces to take charge and coordinate with competent environment agencies in inspecting the compliance with regulations on environmental protection by agencies, organizations and individuals in accordance with laws;

c) Providing information and instructing the People’s Public Security Forces to provide information about violations against regulations on environmental protection committed by subjects of the plan for annual inspection of environmental agencies;

d) Instructing the People’s Public Security Forces to coordinate with competent environment agencies in conducting unexpected inspection of organizational/ individual entities suspected of environmental crimes upon the detection of the People’s Public Security Forces. The inspection team established by the People’s Public Security Force must include member(s) of the environment agency;

dd) Every 06 months and on annual basis, submitting reports on the inspection and imposition of penalties for administrative violations against regulations on environmental protection of the People’s Public Security Forces to Ministry of Natural Resources and Environment for consolidation and announcement as regulated by laws.

4. Provincial Departments of Natural Resources and Environment shall be responsible for:

a) Formulating plans for inspection of the compliance with regulations on environmental protection on the basis of guidelines of Ministry of Natural Resources and Environment and inspection plans approved by Provincial-level People’s Committees; applying for approval and organizing the implementation of approved plans for inspection of the compliance with regulations on environmental protection intra vires in provinces after obtaining written consent from Ministry of Natural Resources and Environment;

b) Participating in inspection teams responsible by Ministry of Natural Resources and Environment or the People’s Public Security Forces to inspect the compliance with regulations on environmental protection in provinces; coordinating with the People’s Public Security Forces in preventing, detecting and combating environmental crimes and violations against regulations on environmental protection in provinces;

c) Every 06 months and on annual basis, submitting consolidate reports on the inspection and imposition of penalties for administrative violations against regulations on environmental protection in provinces to Ministry of Natural Resources and Environment and Provincial-level People’s Committees.

5. Ministries, ministerial-level agencies and People’s Committees at all levels shall assume responsibility to coordinate in inspecting and imposing penalties for administrative violations against regulations on environmental protection according to the principle specified in Clause 1 of this Article.

Article 54. Procedures for suspending environmental licenses or activities for definite period or enforcing the application of remedial measures and responsibility of relevant agencies

1. Procedures for suspending the environmental license or activities causing the environmental pollution or those of producer, business or service provider as prescribed in Chapter II of this Decree for definite period shall be performed in compliance with regulations of the Law on penalties for administrative violations.

2. The organizational or individual entity whose environmental license has been suspended for definite period and production/ business activities or services are unconnected with the suspended environmental license shall have its suspended license returned by the person who has the power to impose administrative penalty when the suspension period specified in the decision on imposition of administrative penalty expires.

3. If organizational/ individual entities whose environmental licenses or activities are suspended for definite period have production/ business activities and services causing the environmental pollution, agencies making decision on imposition of administrative penalties shall assume the following responsibilities:

a) Ministry of Natural Resources and Environment shall coordinate with Provincial-level People’s Committees, ministries and relevant regulatory bodies in instructing specialized agencies to organize the suspension of environmental license or activities in cases the EIA reports/ environmental protection schemes or certificates of the registration of satisfaction of environmental standards of violating entities are approved/ granted by ministries/ ministerial-level agencies;

Departments of Natural Resources and Environment shall take charge and coordinate with agencies of the persons imposing administrative penalties, the People’s Public Security Forces and the People’s Committees of districts or communes where the violations are committed and relevant agencies to seal workshops, machinery and/or equipment of the violating organizational/ individual entities on the beginning date of the suspension of environmental licenses or activities specified in decisions on imposition of administrative penalties in cases where the EIA reports/ environmental protection schemes or certificates of the registration of satisfaction of environmental standards of violating entities are approved/ granted by ministries/ ministerial-level agencies or ministries' authorized agencies;

b) Provincial-level People’s Committees shall instruct Departments of Natural Resources and Environment to take charge and coordinate with agencies of the persons imposing administrative penalties, the Provincial-level Police Departments, the District-level Police Departments, the People’s Committees of districts or communes where the violations are committed and relevant agencies to seal workshops, machinery and/or equipment of the violating organizational/ individual entities of the violating organizational/ individual entities on the beginning date of the suspension of environmental licenses or activities specified in decisions on imposition of administrative penalties in cases where the EIA reports/ environmental protection schemes or certificates of the registration of satisfaction of environmental standards of violating entities are approved/ granted by Provincial-level People’s Committees, Departments of Natural Resources and Environment or authorized agencies of the Provincial-level People’s Committees;

c) The District-level People’s Committees shall take charge and coordinate with agencies of the persons imposing administrative penalties, the District-level Police Departments, the People’s Committees of communes where the violations are committed and relevant agencies to seal workshops, machinery and/or equipment of the violating organizational/ individual entities of the violating organizational/ individual entities on the beginning date of the suspension of environmental licenses or activities specified in decisions on imposition of administrative penalties in cases where the environmental protection plans/ schemes are certified by the District-level People’s Committees or authorized agencies of the District-level People’s Committees.

4. Responsibilities of violating entities whose environmental licenses or activities are suspended or that must enforce remedial measures:

a) Organizational/ individual entities whose environmental licenses or activities are suspended for definite period must strictly implement decisions on imposition of administrative penalties, facilitate competent agencies in fulfilling their duties and may resume their activities only when results of enforced remedial measures are verified/ certified by competent agencies;

b) Organizational/ individual entities that are liable to implement remedial measures must strictly comply with decisions on imposition of administrative penalties, and submit reports on results of such remedial measures to agencies giving approval for their EIA reports, environmental protection schemes or certifying their environmental protection plans/ schemes for inspection;

c) In cases of violations that cause the environmental pollution or where the implementation of environmental improvement/ restoration measures and the construction of environmental protection works are compulsory, violating entities must promptly implement remedial measures. Violating entities must, after having implemented remedial measures, send reports on the plan on trial operation of environmental protection works to competent agencies prescribed in Point a Clause 2 Article 55 of this Decree for inspection and giving approval for trial operation; the period for trial operation of the environmental protection works shall be 30 days. The report on the plan for trial operation of environmental protection works shall be made using Form No. 01 stated in Annex II enclosed with this Decree; the written approval for trial operation of environmental protection works shall be granted using Form No. 02 stated in Annex II enclosed with this Decree.

Article 55. Inspection and certification of results of remedial measures against administrative violations against regulations on environmental protection

1. Procedures for inspection and certification of results of remedial measures against administrative violations carried out by the violating entities whose environmental licenses or activities are suspended for definite period before they resume their activities, or the violating entities that are liable to implement remedial measures in cases the persons imposing administrative penalties work at competent agencies that give approval for EIA reports/ environmental protection schemes or certify environmental protection plans/ schemes (hereinafter referred to as competent agencies):

a) At least 15 working days before the suspension period of environmental license/ activities or the prescribed period for implementing remedial measures expires, the violating entity must send the report on results of the implemented remedial measures against administrative violations against regulations on environmental protection (enclosed with documents, materials, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional agency) to the competent agency of the person imposing administrative penalties. The report on results of implemented remedial measures against administrative violations against regulations on environmental protection shall be prepared using Form No. 03 stated in Annex II enclosed with this Decree;

b) Within 05 working days as of the receipt of the report on results of implemented remedial measures against administrative violations against regulations on environmental protection, the competent agency shall conduct an inspection of results of implemented remedial measures according to the contents of the decision on imposition of administrative penalties and conclusion of inspection of compliance with regulations on environmental protection (if any). The decision on the establishment of inspection team and the record of inspection of results of implemented remedial measures against administrative violations against regulations on environmental protection shall be made in accordance with regulations of the law on environmental protection and the law on inspection;

c) In case the violating entity has finished the implementation of remedial measures against administrative violations against regulations on environmental protection, the competent agency shall, within 05 working days as of the completion of the inspection of results of implemented remedial measures (except for cases where results of inspection, measurement and analysis of environmental samples must be consulted), make certification of results of remedial measures against administrative violations against regulations on environmental protection and remove the seals (if any) in order that the violating entity may resume its activities;

d) If the violating entity does still not yet finish the implementation of remedial measures against administrative violations against regulations on environmental protection, it shall continue implementing remedial measures provided the period for implementing remedial measures specified in the decision on imposition of administrative penalties must be ensured; if the prescribed period is not enough for finishing the implementation of remedial measures, the violating entity may apply to the competent agency for an extension provided it must less than 24 months; if the violating entity deliberately does not implement remedial measures against violations, it shall be forced to implement remedial measures as prescribed by laws.

2. Procedures for inspection and certification of results of remedial measures against administrative violations carried out by the violating entities whose environmental licenses or activities are suspended for definite period before they resume their activities, or the violating entities that are liable to implement remedial measures in cases the persons imposing administrative penalties do not work at competent agencies that give approval for EIA reports/ environmental protection schemes or certify environmental protection plans/ schemes (hereinafter referred to as competent agencies):

a) At least 15 working days before the suspension period of environmental license/ activities or the prescribed period for implementing remedial measures expires, the violating entity must prepare and send the report on results of the implemented remedial measures against administrative violations against regulations on environmental protection (enclosed with documents, materials, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional agency) to:

- The Vietnam Environment Administration (if the project, the business establishment or the concentration of producers, businesses and service providers has its EIA report, environmental protection scheme or certificate of the registration of satisfaction of environmental standards approved/ granted by Ministry of Natural Resources and Environment, Ministry, ministerial-level agency or ministry’s authorized agency);

- Provincial Department of Natural Resources and Environment (if the project, the business establishment or the concentration of producers, businesses and service providers has its EIA report, environmental protection scheme or certificate of the registration of satisfaction of environmental standards approved/ granted by the Provincial-level People’s Committee, Provincial Department of Natural Resources and Environment or an authorized agency of the Provincial-level People’s Committee);

- The District-level People’s Committee (if the project, the producer, the business or the service provider has its environmental protection plan or scheme certified by the District-level People’s Committee or an authorized agency of the District-level People’s Committee).

The report on results of implemented remedial measures against administrative violations against regulations on environmental protection must be also sent to the agency of the person imposing administrative penalties for cooperation in conducting inspection of results of implemented remedial measures. The report on results of implemented remedial measures against administrative violations against regulations on environmental protection shall be prepared using Form No. 03 stated in Annex II enclosed with this Decree;

b) Within 05 working days as of the receipt of the report on results of implemented remedial measures against administrative violations against regulations on environmental protection, the competent agency prescribed in Point a of this Clause shall take charge and coordinate with the agency of the person imposing administrative penalties in conducting an inspection of results of implemented remedial measures according to the contents of the decision on imposition of administrative penalties and conclusion of inspection of compliance with regulations on environmental protection (if any). The Vietnam Environment Administration shall, where necessary, assigns Provincial Departments of Natural Resources and Environment to conduct the inspection of results of remedial measures against administrative violations implemented by violating entities in cases where such inspection is subject to the responsibility of the Vietnam Environment Administration. The decision on the establishment of inspection team and the record of inspection of results of implemented remedial measures against administrative violations against regulations on environmental protection shall be made in accordance with regulations of the law on environmental protection and the law on inspection;

c) In case the violating entity has finished the implementation of remedial measures against administrative violations against regulations on environmental protection, the competent agency prescribed in Point a of this Clause shall, within 05 working days as of the completion of the inspection of results of implemented remedial measures (except for cases where results of inspection, measurement and analysis of environmental samples must be consulted), make certification of results of remedial measures against administrative violations against regulations on environmental protection and notify the responsible agencies prescribed in Points a, b and c Clause 3 Article 54 of this Decree to remove the seals (if any) in order that the violating entity may resume its activities;

d) If the violating entity does still not yet finish the implementation of remedial measures against administrative violations against regulations on environmental protection, it shall continue implementing remedial measures provided the period for implementing remedial measures specified in the decision on imposition of administrative penalties must be ensured; if the prescribed period is not enough for finishing the implementation of remedial measures, the violating entity may apply to the competent agency prescribed in Point a of this Clause for an extension provided it must less than 24 months; if the violating entity deliberately does not implement remedial measures against violations, it shall be forced to implement remedial measures as prescribed by laws.

3. In case the EIA report, the environmental protection scheme or the environmental protection plan/ scheme of a business establishment or a concentration of producers, businesses and service providers is approved or certified by multiple agencies, the agency that has the power to inspect results of implemented remedial measures against administrative violations against regulations on environmental protection shall be the superior agency that has given approval or certification thereof. The superior agency may, where necessary, assign an inferior agency to conduct the inspection of results of implemented remedial measures against administrative violations against regulations on environmental protection.

Article 56. Regulations on violation notices and the power to make notices and decisions on imposition of penalties for administrative violations against regulations on environmental protection

1. The notices of administrative violations against regulations on environmental protection shall be made in accordance with regulations in Article 58 of the Law on penalties for administrative violations and the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating a number of articles and providing measures to implement the Law on penalties for administrative violations.

2. The following persons shall have the power to make notices of administrative violations against regulations on environmental protection:

a) On-duty persons who have the power to impose penalties for administrative violations against regulations on environmental protection;

b) Officials and public employees performing environmental protection duty of the Ministry of Natural Resources and Environment or the Vietnam Environment Administration; the Provincial Departments of Natural Resources and Environment, Environmental Protection Agencies, and the Management Boards of economic zones, industrial parks, or export processing zones of provinces or central-affiliated cities; Offices of Natural Resources and Environment affiliated to the District-level People’s Committees;

c) Officials of ministries/ ministerial-level agencies who perform environmental protection duty towards their management sectors;

d) Officials or public employees at commune, ward or town level who perform environmental protection duty in their management communes, wards or towns;

dd) Soldiers of the People’s Public Security Forces, police officers at commune, ward or town level and officers in charge of public order who are on duty related to the environmental protection at urban areas, residential areas, commercial areas or public areas;

e) Officials and public employees of forest management boards, the management boards of national parks, wildlife sanctuaries or biosphere reserves who perform environmental protection duty.

The persons that have the power to make administrative violation notices prescribed in this Clause must, upon the detection of any administrative violations against regulations on environmental protection, must timely make violation notices to impose administrative penalties or transfer the cases to the persons who have the power to impose administrative penalties in accordance with regulations of the law on penalties for administrative violations and of this Decree.

3. The forms of administrative violation notices and of decisions on imposition of penalties for administrative violations against regulations on environmental protection shall follow regulations of the Decree elaborating and providing measures to implement the Law on penalties for administrative violations.

The three forms of documents/ reports on results of remedial measures against administrative violations against regulations on environmental protection are promulgated in Annex II herein.

Article 57. Disclosure of information, the power and procedures for adopting methods of disclosing information about the pollution status and administrative violations against regulations on environmental protection

1. The following organizational/individual entities committing administrative violations shall have their information relating to the pollution status and administrative violations against regulations on environmental protection disclosed to the public:

a) Organizational/individual entities whose environmental licenses have been suspended;

b) Organizational/individual entities whose activities causing the environmental pollution or facility’s activities causing the environmental pollution have been suspended;

c) The establishments being liable to implement remedial measures against their violations or relocate to locations in conformity with the planning and the environment's carrying capacity;

d) Organizational/individual entities committing administrative violations against regulations on environmental protection which lead to serious consequences or cause bad public opinions.

2. The said information shall be publicly posted on the websites or the newspapers of the Ministry of Natural Resources and Environment, the Vietnam Environment Administration, Provincial Departments of Natural Resources and Environment, and the People’s Committees of provinces where administrative violations are committed or the governing agencies of the persons imposing administrative penalties are located.

3. The power and procedures for adopting methods of disclosing information about the pollution status and administrative violations against regulations on environmental protection:

a) The agency of the person that has imposed administrative penalty as prescribed in Clause 1 of this Article shall be responsible for disclosing information about the pollution status and administrative violations against regulations on environmental protection.

The head of the agency of the person who has made the decision on imposition of administrative penalty shall send the official dispatch on the information disclosure and the copy of the decision on imposition of administrative penalty to the person in charge of managing the website or the newspaper of the ministry, or department or the people’s committee of province where the administrative violation has been committed within 03 working days as of the date on which the decision on imposition of administrative penalty is granted.

b) The disclosed information includes: Name in business registration certificate, trade name or name of the violating entity, primary business sectors; head office of the business establishment, service provider or the organization committing violations; administrative violations against regulations on environmental protection; the process and consequences of committed violations; penalty, remedial measures and period for implementing remedial measures.

c) The head of the agency in charge of disclosing information must be responsible for disclosed information; assume responsibility to correct untrue information within 01 working day as of the detection of such untrue information or the receipt of the request for correction of information, and pay fees for such correction of information.

The person in charge of managing the website or the newspaper must post information on the website within 01 working day or on the next edition of the newspaper as of the receipt of request; if the information prescribed in Point b Clause 3 of this Article has been inaccurately posted on the website or the newspaper, the person in charge of managing the website or the newspaper must correct the untrue information posted on the website within 01 working day or the untrue information posted on the newspaper on the next edition, and pay fees arisen thereof.

d) A decision on imposition of administrative penalty must include reasons for adopting methods of disclosing information of the violating entity on means of mass media, information required to be disclosed, name of the newspaper or the website on which the said information shall be posted.

dd) The newspaper or the agency in charge of managing the website shall, upon the receipt of the request for disclosing information, assume responsibility to post on require information on the next edition or time of posting information on the website.

e) In case the information may not be disclosed within the required time limit due to force majeure events, the person that has the power to disclose information must report it to the superior and must disclose information immediately after the said force majeure events have been remediated.

g) The funding for disclosing environmental protection information shall be covered by the budget for environmental expenditures and regular operating expenditure of the agency where the person makes decision on information disclosure works.

Article 58. Enforcement of decisions on imposition of administrative penalties; responsibility for organizing the implementation of decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution

1. Coercive measures, the power, contents, procedures, formalities and agencies enforcing the implementation of decisions on imposition of penalties for administrative violations against regulations on environmental protection shall be governed by regulations of the law on penalties for administrative violations.

2. Responsibility for organizing the implementation of decisions on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution:

a) Chairperson of the Provincial-level People’s Committee shall instruct the implementation of decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.

Department of Natural Resources and Environment shall take charge and coordinate with the Provincial-level Police Department, the People’s Committee of district where the violating establishment is located, and relevant agencies in organizing the implementation of decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.

b) The People’s Committees of district where the establishment being liable to enforce the additional penalty which is the suspension of activities or enforce the remedial measure which is the relocation of the establishment causing serious environmental pollution is located shall be responsible for instructing relevant agencies in coordinating to enforce the said suspension or relocation.

c) Relevant People’s Public Security Forces shall assume responsibility to ensure the public order and security during the implementation of coercive measures, assign personnel to prevent acts causing disturbance or opposing law enforcers during the implementation of decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution as requested.

Article 59. Responsibilities of organizational/ individual entities involved in the implementation of decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution

1. Any organizational/ individual entities related to the entity that is liable to implement the decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution shall assume the responsibility to cooperate in enforcing the said additional penalty which is the suspension of activities or enforcing the said remedial measure which is the relocation of the establishment causing serious environmental pollution as requested.

2. The state treasuries, commercial banks and other credit institutions shall implement measures to freeze deposit accounts as of the time of implementing coercive measures specified in the decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.

3. Competent agencies shall revoke environmental licenses and relevant licenses in accordance with law regulations as of the time of implementing coercive measures specified in the decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.

Article 60. Responsibilities of relevant ministries/ regulatory bodies for the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution

Minister of Natural Resources and Environment, Ministers and heads of ministerial-level agencies shall, within the ambit of their assigned duties and power, be responsible for cooperating with Chairpersons of people’s committees of central-affiliated cities/ provinces in implementing decision on the enforcement of additional penalty which is the suspension of activities or the enforcement of remedial measure which is the relocation of the establishment causing serious environmental pollution.

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