Chương 5 Nghị định 163/2013/NĐ-CP: Thẩm quyền xử phạt

Chapter 5.

POWER TO IMPOSE PENALTIES

Article 38. The power to imposer penalties of Presidents of the People’s Committees

Presidents of the People’s Committees are entitled to impose penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives that are committed locally. In particular:

1. Presidents of People’s Committees of communes are entitled to impose penalties for the violations mentioned in Clauses 1, 2 Article 5; Article 7; Clause 1, 2 Article 8; Clause 1 Article 9; Clause 1 Article 10; Article 11; Article 12; Article 13; Clause 1 Article 19; Clause 1 Article 24; Clause 1 Article 25; Clause 1 Article 26; Article 27; Article 28; Clauses 1, 2 Article 29; Clauses 1, 2 Article 30; Clause 1 Article 31; Clauses 1, 2 Article 33; Clauses 1, 2 Article 34; Clause 1 Article 36; Clauses 1, 2 Article 37:

a) Give warnings;

b) Impose fines of up to 5,000,000 VND;

c) Compel the destruction of hazardous chemicals mentioned in Point b Clause 3 Article 12 of this Decree; compel the verification of fertilizer experiment results mentioned in Clause 3 Article 26 of this Decree;

d) Confiscate illegal items and instruments for working with industrial explosives, the value of which does not exceed 5,000,000 VND;

dd) Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives.

2. Presidents of People’s Committees of districts are entitled to:

a) Give warnings;

b) Impose fines of up to 25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 VND for violations pertaining to fertilizers and industrial explosives;

c) Suspend the manufacture, sale, or storage of hazardous chemicals, operation of DOC, DOC/PSF facilities; manufacture, processing, sale of fertilizers; works with industrial explosives;

d) Confiscate the fertilizers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives, the value of which does not exceed 50,000,000 VND;

dd) Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives;

e) Suspend Licenses to manufacture or sell restricted chemicals;

g) Compel the destruction of hazardous chemicals and fertilizers; compel the verification of fertilizer experiment results.

3. Presidents of People’s Committees of provinces are entitled to:

a) Give warnings;

b) Impose fines of up to 50,000,000 VND for violations pertaining to chemicals; up to 100,000,000 for violations pertaining to fertilizers and industrial explosives;

c) Suspend licenses to manufacture or sell restricted chemicals and licenses to export/import Schedule chemicals; suspend the manufacture or sale of Schedule chemicals. Suspend the manufacture, processing, and sale of fertilizers. Suspend licenses to use industrial explosives or suspend the work with industrial explosives;

d) Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives;

dd) Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives;

e) Compel the dismantlement of constructions that are illegal or violate the regulations on works with industrial explosives;

g) Compel the elimination of threats to safety caused by unlawful works with industrial explosives;

h) Compel the move of industrial explosives in national storage to proper storage of places;

i) Compel the removal from Vietnam or re-export according to Article 28 of the Law on Penalties for administrative violations.

Article 39. The power to impose penalties of specialized inspectors

1. Inspectors of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, Services of Industry and Trade, Services of Agriculture and Rural development are entitled to:

a) Give warnings;

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

2. Chief Inspectors of Services of Industry and Trade, Services of Agriculture and Rural development, chief commissioners of inspectorates of Industrial Safety Techniques and Environment Agency, Vietnam Chemicals Agency, chief commissioners of inspectorates of Services of Industry and Trade, Services of Agriculture and Rural development are entitled to:

a) Give warnings;

b) Impose fines of up to 25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 for violations pertaining to fertilizers and industrial explosives;

c) Suspend the manufacture, sale, or storage of hazardous chemicals, operation of DOC, DOC/PSF facilites; manufacture, processing, sale of fertilizers; works with industrial explosives;

d) Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives, the value of which does not exceed 50,000,000 VND;

dd) Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives;

e) Suspend the License to manufacture or sell restricted chemicals;

g) Compell the destruction of hazardous chemicals and fertilizers; compel the verification of fertilizer experiment results.

3. Chief Inspector of the Ministry of Industry and Trade, Chief Inspector of the Ministry of Agriculture and Rural Development, the Director of Vietnam Chemicals Agency, the Director of the Director of the Industrial Safety Techniques and Environment Agency affiliated to the Ministry of Industry and Trade; the Director of Department of Crop Production affiliated to the Ministry of Agriculture and Rural Development are entitled to:

a) Give warnings;

b) Impose fines of up to 50,000,000 VND for violations pertaining to chemicals; up to 100,000,000 for violations pertaining to fertilizers and industrial explosives;

c) Suspend licenses to manufacture or sell restricted chemicals and licenses to export/import Schedule chemicals; suspend the manufacture or sale of Schedule chemicals. Suspend the manufacture, processing, and sale of fertilizers. Suspend licenses to use industrial explosives or suspend the work with industrial explosives;

d) Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives;

dd) Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives;

e) Compel the dismantlement of constructions that are illegal or violate the regulations on work with industrial explosives;

g) Compel the elimination of threats to safety caused by unlawful works with industrial explosives;

h) Compel the move of industrial explosives in national storage to proper storage of places;

i) Compel the removal from Vietnam or re-export according to Article 28 of the Law on Penalties for administrative violations.

Article 40. The power to impose penalties of other forces

1. The police

a) Police officers on duty are entitled to impose fines of up to 500,000 VND for violations pertaining to chemicals;

b) Leaders of police squad on duty are entitled to impose fines of up to 1,500,000 VND for violations pertaining to chemicals, fertilizers and industrial explosives;

c) Chiefs of police stations of communes, border checkpoints and export-processing zones are entitled to impose fines of up to 2,500,000 VND for violations pertaining to chemicals, fertilizers and industrial explosives;

d) Chiefs of Police Stations of districts; chiefs of departments of provincial police stations (including Social Order Police Department, Rail and Road Traffic Police Department, Waterway Police Department, Law Enforcement Department, Fire Safety and Rescue Department, Fire Departments of districts affiliated to Fire Safety Services are entitled to: give warnings, impose fines of up to 10,000,000 VND for violations pertaining to chemicals, up to 20,000,000 VND for violations pertaining to fertilizers and industrial explosives.

Suspend the manufacture, sale, and storage of chemicals and fertilizers. Compel the destruction of hazardous chemicals. Suspend the licenses to manufacture or sell restricted chemicals; suspend licenses to transport industrial explosives and explosive precursors; confiscate illegal instruments of which the value does not exceed 20,000,000 VND;

dd) Directors of Police Headquarters and Fire Safety Services are entitled to: give warnings; impose fines of up to 25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 VND for violations pertaining to fertilizers and industrial explosives;

Suspend the manufacture, sale, storage of hazardous chemicals, operation of DOC, DOC/PSF facilities; the manufacture, processing, sale of fertilizers; works with industrial explosives. Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives, the value of which does not exceed 50,000,000 VND; Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives; Suspend the License to manufacture or sell restricted chemicals; compel the destruction of hazardous chemicals and fertilizers; compel the verification of fertilizer experiment results;

e) The Director of Social Order Police Department, the Director of Road Traffic Police Department, the Director of Waterway Police Department, the Director of Fire Safety and Rescue Department are entitled to: give warnings, impose fines of up to 50,000,000 VND for violations pertaining to chemicals; up to 100,000,000 VND for violations pertaining to fertilizers and industrial explosives.

Suspend licenses to manufacture or sell restricted chemicals and licenses to export/import Schedule chemicals; suspend the manufacture or sale of Schedule chemicals. Suspend the manufacture, processing, and sale of fertilizers. Suspend licenses to use industrial explosives or suspend the work with industrial explosives. Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives. Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives; Compel the dismantlement of constructions that are illegal or violate the regulations on work with industrial explosives; compel the elimination of threats to safety caused by the administrative violations during the work with industrial explosives. Compel the move of industrial explosives in national storage to proper storage of places. Compel the removal from Vietnam or re-export according to Article 28 of the Law on Penalties for administrative violations.

2. The customs

a) Directors of Sub-departments of Customs, Directors of Sub-departments of Post-Clearance Inspection, leaders of control teams of Customs Departments of provinces, leaders of smuggling prevention teams, leaders of customs procedure teams, captains of sea patrol squadrons, leaders of IPR protection teams affiliated to Smuggling Investigation Department of the General Department of Customs are entitled to: impose fines of up to 10,000,000 VND for violations pertaining to chemicals, up to 20,000,000 VND for violations pertaining to fertilizers and industrial explosives.

Suspend the manufacture, sale, and storage of chemicals and fertilizers. Compel the destruction of hazardous chemicals. Suspend the licenses to manufacture or sell restricted chemicals; suspend licenses to transport industrial explosives and explosive precursors; confiscate illegal instruments of which the value does not exceed 20,000,000 VND;

b) The Director of the Smuggling Investigation Department, Director of the Post-clearance Inspection Department, Directors of Customs Departments of provinces are entitled to: Impose fines of up to 25,000,000 VND for violations pertaining to chemicals; up to 50,000,000 VND for violations pertaining to fertilizers and industrial explosives.

Suspend the manufacture, sale, storage of hazardous chemicals, operation of DOC, DOC/PSF facilities; the manufacture, processing, sale of fertilizers; works with industrial explosives. Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives, the value of which does not exceed 50,000,000 VND; Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives; Suspend the License to manufacture or sell restricted chemicals; compel the destruction of hazardous chemicals and fertilizers; compel the verification of fertilizer experiment results;

c) The Director of the General Department of Customs is entitled to:

Impose fines of up to 50,000,000 VND for violations pertaining to chemicals; up to 100,000,000 for violations pertaining to fertilizers and industrial explosives.

Suspend licenses to manufacture or sell restricted chemicals and licenses to export/import Schedule chemicals; suspend the manufacture or sale of Schedule chemicals. Suspend the manufacture, processing, and sale of fertilizers. Suspend licenses to use industrial explosives or suspend the work with industrial explosives. Confiscate the fertilziers of which the origins are not proven; confiscate illegal items and instruments for working with industrial explosives. Compel the restoration of the initial condition that has been changed by the unlawful work with industrial explosives; Compel the dismantlement of constructions that are illegal or violate the regulations on work with industrial explosives; compel the elimination of threats to safety caused by the administrative violations during the work with industrial explosives. Compel the move of industrial explosives in national storage to proper storage of places. Compel the removal from Vietnam or re-export according to Article 28 of the Law on Penalties for administrative violations.

Article 41. Management of illegal items and instruments

1. The procedure for confiscating illegal items and instruments is specified in Article 81 of the Law on Penalties for administrative violations No. 15/2012/QH13 dated June 20, 2012.

2. Illegal industrial explosives confiscated must be given to a specialized authority in charge of industrial explosives according to Article 82 of the Law on Penalties for administrative violations No. 15/2012/QH13 dated June 20, 2012.

3. The transport, delivery, and preservation of confiscated industrial explosives must conform to current standards and regulations on industrial explosives. If no warehouse for preserving industrial explosives separately is available, an organization that has a proper warehouse shall be appointed to preserve confiscated industrial explosives.

4. Do not sell confiscated industrial explosives at auction; the authority in charge of industrial explosives shall valuate and sell confiscated industrial explosives to the organizations licensed to sell industrial explosives. The organizations licensed to sell industrial explosives must buy such confiscated industrial explosives.

5. The confiscated industrial explosives that are degraded must be destroyed. A destruction council composed of representatives of relevant agencies shall be established. Confiscated industrial explosives shall be destroyed in accordance with current standards and regulations on industrial explosives.

6. The costs of preservation, transport, verification, and settlement of confiscated items and instruments that are degraded are specified in Article 82 of the Law on Penalties for administrative violations.

Article 42. The power to make records on penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives

1. The persons below are entitled to make records:

a) The persons entitled to impose penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives;

b) Officials, civil servants, police officers on duty.

2. The persons mentioned in Clause 1 of this are entitled to make records on the administrative violations under their control, and take responsibility for such records.

3. Only one record shall be made for a violation.

4. If an organization or individual commits multiple administrative violations or recommit a violation, the record must enumerate all violations or specify the number of recurred violations.

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