Chương 3 Nghị định 90/2009/NĐ-CP: Thẩm quyền và thủ tục xử phạt

Chapter 3.

AUTHORITY AND PROCEDURES FOR SANCTION

Article 25. The authority to impose sanctions of the chairpersons of the People’s Committees at all levels

The chairpersons of the People’s Committees at all levels have authority to impose sanctions against administrative violations in chemical management within their management and happened in their localities, specifying as follows:

1. The chairpersons of the People’s Committees at level of commune, ward have right to sanction:

a) Warning;

b) Fine up VND 2,000,000;

c) Confiscating material evidences and means of violations in chemical management at the value up VND 2,000,000;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

2. The chairpersons of the People’s Committees at level of district, town, and attached-province city have the rights:

a) Warning;

b) Fine up VND 30,000,000;

c) Confiscating material evidences and means of violations in chemical management;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

e) Forcible dismantlement of construction works that are illegal or wrong in comparison with permit violating provisions of law in chemical management.

3. The chairpersons of the People’s Committees at level of central-affiliated citi and province have the rights:

a) Warning;

b) Fine up VND 100,000,000;

c) Confiscating material evidences and means of violations in chemical management;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management.

e) Forcible dismantlement of construction works that are illegal or wrong in comparison with permit violating provisions of law in chemical management;

e) Forcing to remedy the unsafe status that is caused by administrative violations;

g) Forcing to move chemicals causing danger for national reserve by administrative violations to warehouses, locations as prescribed;

h) Forcing to bring out Vietnam’s territory or forcing to re-export as prescribed in Article 20 of the Ordinance on handling administrative violations.

Article 26. The authority to impose sanctions of Inspectorate in Industry and Trading

Specialized inspectorate under the Ministry of Industry and Trading has authority to impose sanctions against violations nationwide. Specialized inspectorates under the provincial Services of Industry and Trade have authority to impose sanctions against administrative violations in localities under their management.

The authority to impose sanctions against administrative violations in chemical management of Specialized inspectorates is specified as follows:

1. Specialized inspectors of the Ministry of Industry and Trade, the Services of Industry and Trade have the rights:

a) Warning;

b) Fine up VND 500,000;

c) Confiscating material evidences and means of violations in chemical management at the value up VND 2,000,000;

d) Forcible restoration of the initial state that already been changed due to administrative violations in chemical management;

e) Forcing to remedy the unsafe status that is caused by administrative violations.

2. Chief inspectors of the Services of Industry and Trade have the rights:

a) Warning;

b) Fine up VND 30,000,000;

c) Confiscating material evidences and means of violations;

d) Forcible restoration of the initial state that already been changed due to acts of violation;

e) Forcing to remedy the unsafe status that is caused by acts of violation.

3. Chief inspector of the Ministry of Industry and Trade has the rights:

a) Warning;

b) Fine up VND 100,000,000;

c) Confiscating material evidences and means of violations;

d) Forcible restoration of the initial state that already been changed due to acts of violation;

dd) Forcing to remedy the unsafe status that is caused by acts of violation;

e) Forcing to move chemicals causing danger for national reserve by administrative violations to warehouses, locations as prescribed;

g) Forcing to bring out Vietnam’s territory or forcing to re-export as prescribed in Article 20 of the Ordinance on handling administrative violations.

Article 27. The authority to impose sanctions of other forces

Apart from the persons competent to impose sanctions specified in Article 28 and Article 29 of this Decree, competent persons of Public Security, Customs, Army forces and the Market management and Inspectorate of labour safety and labor hygiene have rights to sanction as prescribed in the Ordinance on handle administrative violations when they detect acts of administrative violations in chemical management specified in this Decree within their authority and localities.

Article 28. The authorization and principle in defining authority to impose sanctions against administrative violations in chemical management

1. The authorization to impose sanctions against administrative violations in chemical management shall comply with provision in Article 41 of the Ordinance on handle administrative violations.

2. The principles in defining the authority to impose sanctions against administrative violations in chemical management shall comply with provision in Article 42 of the Ordinance on handle administrative violations.

Article 29. The procedures for sanction against administrative violations in chemical management

1. The procedures for and order of sanction against administrative violations in chemical management shall comply with provisions of the Ordinance on handle administrative violations and the Decree No. 128/2008/ND-CP.

2. Documents relating to sanction against administrative violations in chemical management must be stored fully at the sanctioning agencies. Minutes of administrative violations must be made in according to the current set forms.

3. Individuals and organizations who are fined must pay fine on time and at place stated in decisions on sanction except for case where they have paid fine on the spot as prescribed in Article 54 and Article 58 of the Ordinance on handle administrative violations and they will receive the receipts of collecting fines.

4. When applying forms of confiscating material evidences or means of violations, the persons competent to impose sanctions must comply with provisions in Article 60, Article 61 of the Ordinance on handling of administrative violations and the Decree No. 128/2008/ND-CP.

Article 30. The compliance with decision on sanction and forced execution of decisions on handling administrative violations in chemical management

1. Individuals and organizations sanctioned for administrative violations must execute the sanctioning decisions within ten days as from the date they are given the sanctioning decisions, except otherwise provided for by law. If individuals or organizations sanctioned for administrative violations still fail to voluntarily execute the sanctioning decisions, they shall be coerced to do so as prescribed in Article 66 of the Ordinance on Handling administrative violations and provisions on forced execution of decisions on sanctioning administrative violations of law.

2. When applying coercive measures for executing decisions on sanctioning administrative violations in chemical management, agencies and competent persons must comply with the order of and procedures for enforcement as prescribed in Article 66 and Article 67 of the Ordinance on handle administrative violations and provisions on forced execution of decisions on sanctioning administrative violations of law.

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