Chương III Nghị định 45/2022/NĐ-CP: Thẩm quyền xử phạt và các biện pháp bảo đảm việc thi hành quyết định xử phạt vi phạm hành chính

Chapter III

POWER TO IMPOSE PENALTIES AND MEASURES TO ENFORCE PENALTY IMPOSITION DECISIONS

Article 56. Power to impose penalties for administrative offences of Chairpersons of People’s Committees at all levels

1. Chairpersons of communal People’s Committees have the power to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 10,000,000;

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 warnings;

b) impose a maximum fine of VND 100,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, b, c, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

3. Chairpersons of provincial People’s Committees have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 57. Power to impose penalties for administrative offences of People's Public Security

1. Soldiers of the People’s Public Security in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Senior officers of the persons mentioned in clause 1 of this Article have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,500,000.

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police, Majors of Mobile Police Battalions, and Captains of Squadrons have the power to:

a) issue warnings;

b) impose a maximum fine of VND 2,500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 5,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

4. District-level Police Chiefs; the Chiefs of provincial Police Departments, including: Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes and Chiefs of Immigration Divisions in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

dd) enforce the remedial measures mentioned in points a, c, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

5. Directors of provincial Police Departments have the power to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

6. Director General of Police Department for Prevention and Control of Environmental Crimes and Director General of Immigration Department in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

Article 58. Power to impose penalties for administrative offences of natural resources and environment inspecting authorities

1. Inspectors and persons assigned to carry out specialized inspections in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

2. Chief Inspectors of provincial Departments of Natural Resources and Environment, Chiefs of Specialized Inspectorates of provincial Departments of Natural Resources and Environment and Vietnam Environment Administration have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

3. Chief of Specialized Inspectorate of the Ministry of Natural Resources and Environment has the power to:

a) issue warnings;

b) impose a maximum fine of VND 250,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

4. Chief Inspector of the Ministry of Natural Resources and Environment and Director General of Vietnam Environment Administration have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 59. Power of national defense inspecting authorities

1. Chief of Specialized Inspectorate of the Ministry of National Defense has the power to:

a) issue warnings;

b) impose a maximum fine of VND 250,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

2. Chief Inspector of the Ministry of National Defense has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 60. Power of the Border Guard

1. The Border Guard officers in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Senior officers of the persons mentioned in clause 1 of this Article have the power to:

a) issue warnings;

b) impose a maximum fine of VND 2,500,000.

3. The leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control have the power to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

4. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of the Border Guard Commands at port border gates have the power to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

d) enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

5. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard High Command have the power to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 200,000,000;

d) enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

6. Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons and Director General of the Department of Drug and Crime Prevention and Control affiliated to the Border Guard High Command have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, c, d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

Article 61. Power of the Coast Guard

1. The Border Guard officers in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,500,000.

2. Captains of coastguard teams have power to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000.

3. Coastguard squad leaders and captains of coastguard stations have the power to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

4. Commanders of coastguard platoons have power to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

d) enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

5. Commanders in chief of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

d) enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

6. Commanders of regional coastguard command centers and Director General of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000;

c) suspend the license;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

7. Commander of Vietnam Coast Guard has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, b, c, d, dd, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

Article 62. Power of customs authorities

1.  Customs officers in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Team Leaders, Group Leaders of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to provincial, inter-provincial or central-affiliated city Customs Departments; Leaders of Teams in Post-clearance Inspection Sub-departments have the power to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000.

3. Directors of Customs Sub-departments, Directors of Post-clearance Inspection Sub-departments, Leaders of Control Teams of provincial, inter-provincial or central-affiliated city Customs Departments, Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas, Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention Department; Directors of Post-clearance Inspection Sub-departments as an affiliate of the Post-clearance Inspection Department have the power to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

d) enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

4. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

5. The Director General of the General Department of Customs has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) enforce the remedial measures mentioned in points d, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

Article 63. Power of forest protection forces, fishery resource surveillance forces and agriculture and rural development inspecting authorities

1. Forest protection officers in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Agriculture and rural development inspectors and persons assigned to carry out specialized inspections of fishery have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

3. Fisheries resources surveillance officers in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 2,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 4,000,000;

4. Heads of forest protection stations have the power to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000.

5. Heads of Fishery Resource Surveillance Stations under Regional Fishery Resource Surveillance Sub-departments have the power to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000;

d) enforce the remedial measures mentioned in points a, b and g clause 3 Article 4 of this Decree.

6. Directors of district-level forest protection offices and heads of mobile ranger and forest fire prevention and fighting teams have the power to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

d) enforce the remedial measures mentioned in points a, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

7. Heads of Forest Protection Sub-departments; Heads of Regional Forest Protection Sub-departments and Leaders of Forest Protection Task Force Teams under the Forest Protection Department have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

dd) enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

8. Chief Inspectors of Departments of Agriculture and Rural Development, specialized Inspectorates of provincial Departments of Agriculture and Rural Development, chief of specialized inspectorate of the Directorate of Fisheries, chief of specialized inspectorate of the Vietnam Administration of Forestry have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

9. Heads of Regional Fishery Resource Surveillance Sub-departments have the power to:

a) issue warnings;

b) impose a maximum fine of VND 100,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) enforce the remedial measures mentioned in points a, b, d, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

10. Chief of specialized inspectorate of the Ministry of Agriculture and Rural Development have the power to:

a) issue warnings;

b) impose a maximum fine of VND 250,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

11. Director General of the Forest Protection Department has the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

12. Director General of the Director General of the Viet Nam Fisheries Resources Surveillance has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

13. Chief Inspector of Ministry of Agriculture and Rural Development, Director General of Vietnam Administration of Forestry and Director General of Directorate of Fisheries have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 64. Power of industry and trade inspecting authorities and market surveillance authorities

1. Market surveillance officials in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Industry and trade inspectors in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

3. Heads of Market Surveillance Teams and Heads of Professional Division affilited to the Market Surveillance Operations Department shall have the powers to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 50,000,000;

d) enforce the remedial measures mentioned in points a, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

4. Chief inspectors of Departments of Industry and Trade, Chiefs of specialized inspectorates of Departments of Industry and Trade have the powers to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

5. Directors General of provincial Market Surveillance Departments and Director General of the Market Surveillance Operations Department affiliated to the Vietnam Directorate of Market Surveillance have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

6. Chief of Specialized Inspectorate of the Ministry of Industry and Trade has the power to:

a) issue warnings;

b) impose a maximum fine of VND 250,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

7. The Director General of the Vietnam Directorate of Market Surveillance has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in points a, c, d, dd, e, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

8. Chief Inspector of the Ministry of Industry and Trade has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 65. Power of maritime administrations, airports authorities and inland waterways port authorities

1. Chief representatives of maritime administrations, chief representatives of airports authorities, chief representatives of inland waterways port authorities have the power to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 20,000,000.

2. Directors of maritime administrations, directors of airports authorities and directors of inland waterways port authorities have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in points a, b, c, dd, g, h, i, k, l, m, n and o clause 3 Article 4 of this Decree.

3. Chief Inspector of Vietnam Maritime Administration and Chief Inspector of Civil Aviation Authority of Vietnam have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

4. Director General of Vietnam Inland Waterway Administration, Director General of Vietnam Maritime Administration and Director General of Civil Aviation Authority of Vietnam have the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) confiscate exhibits and instruments of administrative offence;

d) suspend the license or operation;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 66. Power to impose penalties for administrative offences of culture, sports and tourism inspecting authorities

1. Culture, sports and tourism inspectors in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

2. Chief Inspectors of Departments of Culture, Sports and Tourism, Chief Inspectors of Departments of Culture and Sports, Chief Inspectors of Departments of Tourism, chiefs of specialized inspectorates of Departments of Culture, Sports Departments of Culture, Sports and Tourism, chiefs of specialized inspectorates of Departments of Culture and Sports and chiefs of specialized inspectorates of Departments of Tourism have the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

3. Chiefs of specialized culture, sports and tourism inspectorates of the Ministry of Culture, Sports and Tourism have the power to:

a) issue warnings;

b) impose a maximum fine of VND 250,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 500,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

4. Chief Inspector of Ministry of Culture, Sports and Tourism has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 67. Power of Health Environment Management Agency

1. Persons assigned to carry out specialized inspections of health environment management in the performance of their duty have the power to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

c) confiscate exhibits and instruments of administrative offence worth up to VND 1,000,000;

d) enforce the remedial measures mentioned in points a, c and dd clause 3 Article 4 of this Decree.

2. Chief of specialized inspectorate of Health Environment Management Agency has the power to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend the environmental license or operation;

d) confiscate exhibits and instruments of administrative offence worth up to VND 100,000,000;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

3. Director General of Health Environment Management Agency has the power to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000,000;

c) suspend the environmental license or operation;

d) confiscate exhibits and instruments of administrative offence;

dd) enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.

Article 68. Delegation of power to impose administrative environmental protection offences; transfer of files on cases suspected of environmental crimes for initiation of criminal prosecution

1. The forces’ power to impose penalties for administrative environmental protection offences shall be delegated as follows:

a) Chairpersons of People’s Committees at all levels have the power to impose penalties for the administrative offences prescribed in Chapter II hereof within their scope of management;

b) Natural resources and environment inspecting authorities have the power to impose penalties for the administrative offences prescribed in Chapter II hereof;

c) The People’s Public Security, under its authority, and within the sectors under its management and scope of duties, have the power to impose penalties for the administrative offences specified in point a clause 1, point a clause 2, point a clause 3 Article 9; Article 10 if the EIAR appraisal result is within its power to approve or point g clause 1, point g clause 2 Article 10 if the EIAR appraisal result is beyond its power to approve; Article 11 if the environment license is within its power to issue or points g and h clause 1, points g and h clause 2, points g and h clause 3 Article 11 if the environment license is beyond its power to issue; Article 12 if the environment license is within its power to issue or point dd clause 1, point dd clause 2, point dd clause 3 Article 12 if the environment license is beyond its power to issue; Article 13 if the EIAR appraisal result is within its power to approve or points a and b clause 1, points a and b clause 2 Article 13 if the EIAR appraisal result is beyond its power to approve; Article 14 if the environment license is within its power to issue or points a, c and dd clause 1, points d and dd clause 2, points d and dd clause 3, points d and dd clause 4 if the environment license is beyond its power to issue; clause 2, points e, g and h clause 3, points e, h and i clause 4, points d and e clause 5, clause 6, Article 15; clauses 2, 3 and 4 Article 16 if the environment license is within its power to issue; Articles 18, 19, 20, 21, 22, 23 and 24; clauses 2, 3, 4 and 6 Article 25; point c clause 4, point d clause 5, clauses 8, 9 and 10 Article 26; Article 27; clauses 5, 6 and 7 Article 29; point a clause 2, points a and d clause 3, points a and c clause 4, clauses 5, 6 and 7 Article 30; point a clause 4, clauses 6 and 7 Article 31; clause 2 points g and h clause 3 Article 34; clauses 3, 4 and 5 Article 36; point b clause 4, point b clause 5, point b clause 6, Point b clause 7 and point c clause 8, clause 11 Article 39; clause 2 Article 40; clauses 4 and 5 Article 41; clauses 5 and 6, points b, d and dd clause 7 Article 46; clauses 2, 3, 4 and 5 Article 47; Article 49; Article 51 and Article 55 of this Decree;

d) National defense inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Article 10 and Article 13 if the EIAR appraisal result is within their power to approve; Article 11 and Article 12 if the environment license is within their power to issue.

dd) The Coast Guard, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within territorial waters, exclusive economic zones and zones under the sovereignty of the Socialist Republic of Vietnam specified in Articles 18, 19, 20, 21 and 24; point d clause 2, clause 4 Article 25; clause 8 Article 26; Article 27; clauses 5, 6 and 7 Article 29; clauses 5, 6 and 7 Article 30; points g and h clause 3 Article 34; Articles 36 and 39; clause 2 Article 40; clause 5 Articles 47 and 55 of this Decree;

e) The Border Guard, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Articles 25, 26, 27, 29, 30, 36, 39, 49; 51, 52, 54 and 55 of this Decree;

g) Forest protection forces and forestry inspectors, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving ranger’s activities specified in Articles 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree. Fishery resource surveillance forces, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving fishery resource surveillance activities specified in point a clause 2 Article 36; clause 5 Article 47; clauses 6 and 7 Article 51; point b clause 5, point b clause 6 Article 54 and Article 55 of this Decree. Agriculture and rural development inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving agriculture and rural development activities specified in point a clause 2 Article 36; Article 41; Articles 45, 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree. Fishery inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving fishery activities specified in point a clause 2 Article 36; Articles 47, 49, 50, 51, 52, 53, 54 and 55 of this Decree;

h) Maritime administrations, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving maritime activities specified in Articles 36, 39, 40 and 55 of this Decree; inland waterways port authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within inland waterways specified in Articles 39, 40 and 55 of this Decree; airports authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences committed within aviation areas specified in clauses 2 and 5 Articles 25 and 55 of this Decree;

i) Customs authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving customs activities specified in Article 27; clauses 1 and 2 Article 34; points d and e clause 1, clause 3 Article 25; clause 4 Article 46; Articles 51, 54 and 55 of this Decree;

k) Market surveillance authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences involving market surveillance activities, commodities and the trading in and use of wild animals specified in Articles 46, 49, 51, 52, 54 and 55 of this Decree; industry and trade inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Articles 45 and 46 of this Decree;

l) Culture, sports and tourism inspecting authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative environmental protection offences specified in Article 22; clauses 2 and 5 Article 25 of this Decree;

m) Health environment management authorities, within their power, and within the sectors under their management and scope of duties, have the power to impose penalties for the administrative offences committed within hospitals and health facilities specified in clause 2, point a clause 3, clause 8 Article 26; clauses 1 and 2, points a, d, d, dd, e and g clause 3, clauses 4, 5 and 7 Article 29 of this Decree.

2. Transfer of files on cases suspected of environmental crimes for initiation of criminal prosecution and transfer of files on offence cases for imposition of administrative penalties.

a) The transfer of files on cases suspected of environmental crimes to competent criminal proceeding agencies and transfer of files on offence cases for imposition of administrative penalties shall comply with the regulations laid down in Articles 62 and 63 of the Law on Penalties for Administrative Violations and Criminal Procedure Code;

b) For an offence case suspected of environmental crimes detected through the inspection, regulations of law on inspection shall be complied with.

Article 69. Procedures for suspending environmental licenses or operation or enforcing the application of remedial measures and responsibility of relevant authorities, organizations and individuals

1. Procedures for suspending the license or operation of the organizations and individuals prescribed in Chapter II of this Decree shall comply with regulations of Law on Penalties for Administrative Violations.

2. An organizational or individual whose environmental license or operation has been suspended have production/business activities and services causing environmental pollution, agencies making decision on imposition of administrative penalties shall assume the following responsibilities:

a) The Ministry of Natural Resources and Environment shall cooperate with provincial People’s Committees, Ministries and central authorities concerned in directing authorities and organizations to suspend the environmental license or operation in cases where the environmental license is issued by the Ministry. To be specific:

The Management Board of economic zones, industrial parks, export processing zones and high-tech zones shall preside over and cooperate with the provincial Department of Natural Resources and Environment, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committees of the commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual commits the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones;

The provincial Department of Natural Resources and Environment shall preside over and cooperate with authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within at least 02 districts;

The district-level People’s Committee shall preside over and cooperate with the provincial Department of Natural Resources, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within 01 district;

b) The provincial People’s Committee shall direct the suspension of the environmental license or operation in cases where the environmental license is issued by the provincial People’s Committee. To be specific:

The Management Board of economic zones, industrial parks, export processing zones and high-tech zones shall preside over and cooperate with the provincial Department of Natural Resources and Environment, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committees of the commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual commits the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones;

The provincial Department of Natural Resources and Environment shall preside over and cooperate with authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of the Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within at least 02 districts;

The district-level People’s Committee shall preside over and cooperate with the provincial Department of Natural Resources, authorities of the persons imposing penalties, People's Public Security at all levels, People’s Committee of the district or commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the organization or individual does not commit the offence within an area of Management Board of economic zones, industrial zones, export processing zones and high-tech zones and commits the offence within 01 district;

c) The district-level People’s Committee shall preside over and cooperate with authorities of the persons imposing penalties, district-level police and People’s Committee of the commune where the organization or individual commits the offence and relevant authorities in sealing factories, machinery and equipment of the organization or individual on the beginning date of the suspension of the environmental license or operation which is written on the penalty imposition decision in cases where the district-level People's Committee issues the environmental license to the violating organization or individual.

3. Responsibilities of organizations and individuals whose license or operation has been suspended or that are compelled to take remedial measures against offences are as follows:

a) Organizations and individuals whose license or operation has been suspended must strictly comply with penalty imposition decisions, enable competent authorities to fulfil their duties and are permitted to resume their operation only when the competent authority confirms the completed remediation of consequences of offences;

b) Organizations and individuals that are compelled to take remedial measures against offences must strictly comply with penalty imposition decisions, submit remedial action reports to authorities which impose the penalties and authorities which have granted the license for inspection and supervision;

c) If an offence causes environmental pollution or it is mandatory to renovate, upgrade and build environmental protection works, the violating individual or organization must promptly implement remedial measures. After completing remedial measures, the violating individual or organization must send a report on plan on trial operation of environmental protection works to competent authorities specified in point a clause 1 Article 70 of this Decree for inspection, supervision and approval for trial operation in accordance with regulations of law.

Article 70. Inspection and confirmation of results of implementation of remedial measures against administrative environmental protection offences

1. Procedures for inspection and certification of result of remedial measures against administrative offences taken by an individual or organization whose environmental license or operation is suspended before the operation resumption or that is compelled to implement remedial measures in cases the person imposing penalties works for the competent authority issuing environmental license (hereinafter referred to as “competent authority”):

a) At least 15 working days before the expiry date of the suspension of the environmental license/operation or implementation of remedial measures, the violating individual or organization must send a report on result of completed remediation of consequences of environmental protection offence (enclosed with documents, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional authority) to the competent authority of the person imposing penalties.

The report on result of completed remediation of consequences of environmental protection offence includes general information about the individual or organization (name of individual or organization, address, operating location, account, investment certificate, business registration certificate, license, penalty imposition decision, inspection and examination conclusions); results of completed remediation of consequences of environmental protection offence (result of remediation of offence against regulations on wastewater, result of remediation of offence against regulations on dust and emissions, result of remediation of offence against regulations on noise, result of remediation of offence against regulations on vibration, result of remediation of offence against regulations on management of normal solid waste, hazardous waste, result of remediation of other environmental protection offences).

b) Within 05 working days from the date of receiving the report on result of completed remediation of consequences of environmental protection offence, the competent authority shall inspect the remediation according to the penalty imposition decision and environmental protection inspection conclusion (if any). The inspectorate establishment decision; inspection record shall be made in accordance with regulations of law on environmental protection and inspection;

c) In case the individual or organization has completed the remediation of consequences of the environmental protection offence, the competent authority shall, within 05 working days from the end of the remediation inspection (except for cases where inspection, measurement and analysis of environmental samples by third parties are necessary), give a conclusion on the remediation inspection and remove the seals (if any) so as for the individual or organization to resume their operation;

d) In cases where the organization or individual has yet to complete the remediation of consequences of the environmental protection offence, they shall continue the remediation provided that the time limit for remediation written on the penalty imposition decision is not exceeded; if the time limit is not long enough to carry out the remediation, such organization or individual shall request a competent authority to consider extending it but not exceeding 24 months; if the violator does not carry out the remediation on purpose, they shall be compelled to implement remedial measures in accordance with regulations of law.

2. Procedures for inspection and certification of result of remedial measures against administrative offences taken by an individual or organization whose environmental license or operation is suspended before the operation resumption or that is compelled to implement remedial measures in cases the person imposing penalties works for the competent authority issuing environmental license:

a) At least 15 working days before the expiry date of the suspension of the environmental license/operation or implementation of remedial measures, the violating individual or organization must send a report on result of completed remediation of consequences of environmental protection offence (enclosed with documents, data and results of analysis of waste samples in conformity with environmental technical regulations conducted by a functional authority) to:

- Specialized authorities and units affiliated to the Ministry of Natural Resources and Environment exercising the functions of inspecting the remediation of consequences of the environmental administrative offence (if the project or dedicated area for production, business and service provision has its environment license granted by the Ministry of Natural Resources and Environment);

- The provincial Department of Natural Resources and Environment (if the project or dedicated area for production, business and service provision has its environment license granted by the provincial People’s Committee);

- The district-level People’s Committee (if the project or dedicated area for production, business and service provision has its environment license granted by the district-level People’s Committee);

The report on result of completed remediation of consequences of environmental protection offence must be also sent to the authority of the person imposing penalties for cooperation in conducting a remediation inspection;

b) Within 05 working days from the date of receiving the report on result of completed remediation of consequences of environmental protection offence, the competent authority specified in point a of this clause shall preside over and cooperate with the authority of the person conducting the remediation inspection according to the penalty imposition decision and environmental protection inspection conclusion (if any). Where necessary, a specialized authority or unit affiliated to the Ministry of Natural Resources and Environment exercising the functions of inspecting the remediation of consequences of the environmental administrative offence shall assign the provincial Department of Natural Resources and Environment to inspect the remediation in cases where such specialized authority or unit is responsible for the inspection. The inspectorate establishment decision; inspection record shall be made in accordance with regulations of law on environmental protection and inspection;

c) In case the individual or organization has completed the remediation of consequences of the environmental protection offence, the competent authority specified in point a of this clause shall, within 05 working days from the end of the remediation inspection (except for cases where inspection, measurement and analysis of environmental samples by third parties are necessary), give a conclusion on the remediation inspection and at the same time request the responsible authorities specified in points a, b and c clause 2 Article 69 of this Decree to remove the seals (if any) so as for the individual or organization to resume their operation;

d) In cases where the organization or individual has yet to complete the remediation of consequences of the environmental protection offence, they shall continue the remediation provided that the time limit for remediation written on the penalty imposition decision is not exceeded; if the time limit is not long enough to carry out the remediation, such organization or individual shall request the competent authority specified in point a of this clause to consider extending it but not exceeding 24 months; if the violator does not carry out the remediation on purpose, they shall be compelled to implement remedial measures in accordance with regulations of law.

3. If the business establishment or dedicated area for production, business and service provision is granted the environment license by multiple licensing authorities, the authority having the power to inspect the remediation is the superior authority which issued the environmental license. Where necessary, superior authority shall assign an inferior authority to conduct the remediation inspection.

4. For administrative offences subject to remedial measures applied in the form of mandatory preparation of EIARs, environmental registration and preparation of application for issuance of environmental license, procedures for inspection and confirmation that the consequences of offences have been completely remedied with regard to individuals and organizations shall be integrated into the processes of appraisal and approval of EIARs, receipt of application and issuance of environmental license by competent authorities. Results of processing of these administrative procedures shall replace remediation conclusions as provided in this Article.

Article 71. Regulations on offence notices and power to make notices and decisions on imposition of penalties for administrative environmental protection offences

1. Administrative environmental protection offence notices shall be subject to regulations of Law on Penalties for Administrative Violations.

2. The following persons have the power to make administrative environmental protection offence notices:

a) Persons in the performance of their duty who have power to impose penalties for administrative environmental protection offences;

b) Officials and public employees performing environmental protection tasks of the Ministry of Natural Resources and Environment; authorities assigned to exercise their functions of specialized inspection of environmental protection, authorities assigned to exercise their functions of inspection of compliance with law on environmental protection affiliated to the Ministry of Natural Resources and Environment; provincial Departments of Natural Resources and Environment; Environmental Protection Sub-departments and Management Boards of economic zones, industrial parks and export processing zones of provinces and central-affiliated cities; district-level Departments of Natural Resources and Environment affiliated to district-level People’s Committees;

c) Officials and persons working for the People's Army and People's Public Security Forces who are performing environmental protection tasks of sectors under their management affiliated to Ministries and ministerial agencies;

d) Officials of communes, wards and commune-level towns who are performing environmental protection tasks within their communes, wards and commune-level towns;

dd) Public order officers who are performing environmental protection tasks in urban areas, apartment buildings, commercial, service or public areas;

e) Officials of forest management boards, management boards of national parks, wildlife sanctuaries and biosphere reserves who are performing environmental protection tasks.

3. Forms of notices and decisions used in imposition of penalties for administrative environmental protection offences shall comply with regulations of the Decree elaborating some Articles of Law on Penalties for Administrative Violations.

4. Persons having power to impose penalties for administrative offences may impose administrative penalties without needing to making offence notices in case of commission of the offences prescribed in Articles 25, 45, 46, 49, 50, 52 and 53 or may impose fines of up to VND 250,000 on perpetrating individuals or VND 500,000 on perpetrating organizations in case of commission of the offences prescribed in points a and b clause 2 Article 25 of this Decree; except the administrative offences discovered by using technical devices and equipment.

Article 72. Disclosure of information about administrative environmental protection offences

Information about individuals and organizations committing administrative environmental protection offences leading to serious consequences or adversely affecting public opinion shall be disclosed in the following cases:

1. Individuals and organizations whose environmental licenses have been suspended.

2. Individuals and organizations whose activities causing environmental pollution or establishment’s activities causing environmental pollution have been suspended.

3. Business establishments subject to remedial measures applied in the form of mandatory relocation for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.

4. Individuals and organizations incurring penalties in the cases specified in point g clause 2, clause 5 and clause 7 of Article 32; point g clause 2 and clause 4 of Article 33.

5. Other cases decided by persons having power to impose penalties for administrative offences as prescribed by law.

Article 73. Enforcement of penalty imposition decisions; responsibility for organizing implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed

1. Enforcement measures, power, contents, procedures and organization of enforcement of implementation of decisions on imposition of penalties for administrative environmental protection offences shall comply with regulations of law on penalties for administrative violations.

2. Responsibility for organizing implementation of decisions to enforce application of additional penaltiy in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed:

a) Chairperson of the provincial People’s Committee shall direct the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed;

Management Boards of economic zones, industrial parks, export processing zones and high-tech zones shall preside over and cooperate with provincial Departments of Natural Resources and Environment, People's Public Security at all levels, People’s Committees of communes where organizations and individuals commit offences and relevant authorities in organizing the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed in cases where the organizations and individuals commit the offences within areas of the Management Boards of economic zones, industrial zones, export processing zones and high-tech zones;

Provincial Departments of Natural Resources and Environment shall preside over and cooperate with People's Public Security at all levels, People’s Committees of districts where organizations and individuals commit offences and relevant authorities in organizing the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed in cases where the organizations and individuals do not commit the offences within areas of the Management Boards of economic zones, industrial zones, export processing zones and high-tech zones and commit the offences within at least 02 districts;

District-level People’s Committees shall preside over and cooperate with Departments of Natural Resources and Environment, district-level police, People’s Committees of communes where organizations and individuals commit offences and relevant authorities in organizing the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed in cases where the organizations and individuals do not commit the offences within areas of the Management Boards of economic zones, industrial zones, export processing zones and high-tech zones and commit the offences within 01 district;

b) People’s Committees of districts where business establishments which are enforced to incur an additional penalty in the form of operation suspension or be subject to a remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed shall direct relevant authorities to cooperate in enforcing operation suspension and relocation of projects and business establishments as prescribed;

c) People’s Public Security at all levels concerned shall assume responsibility to ensure the public order and security during the implementation of enforcement measures, assign personnel to prevent acts causing disruption or opposing law enforcers during the implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed upon request.

Article 74. Responsibilities of individuals and organizations concerned for implementation of decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed

1. Any individual or organization related to the entity that is enforced to implement the decision to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of project or business establishment for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed shall cooperate in enforcing application of additional penalty in the form of operation suspension or enforcing application of remedial measure in the form of mandatory relocation upon request.

2. State Treasuries, commercial banks and other credit institutions shall implement measures to freeze deposit accounts from the date of enforcement specified in the decision to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.

Article 75. Responsibilities of ministries and central authorities for application of additional penalty in the form of operation suspension or enforced application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed

The Minister of Natural Resources and Environment, Ministers and heads of ministerial agencies shall, within their jurisdiction, cooperate with Chairpersons of People’s Committees of provinces and central-affiliated cities in implementing decisions to enforce application of additional penalty in the form of operation suspension or enforce application of remedial measure in the form of mandatory relocation of projects and business establishments for assurance of consistency with the planning, environmental zoning and environmental carrying capacity approved by a competent authority as prescribed.