THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 71/2019/ND-CP
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Hanoi, August 30, 2019
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON CHEMICALS AND INDUSTRIAL EXPLOSIVE MATERIALS
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the Law on
Drug Prevention and Fight dated December 09, 2000; Law on amendments to the Law
on Drug Prevention and Fight dated June 03, 3008;
Pursuant to the Law on
Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;
At the request of the
Minister of Industry and Trade;
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Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures against each
violation; the power to impose penalties, fines imposed by authorized title
holders, and the power to record administrative violations against regulations
on chemicals and industrial explosive materials.
2. Other administrative
violations against regulations on chemicals and industrial explosive materials
which are not prescribed in this Decree shall be governed by other relevant
Government's decrees on penalties for administrative violations within the
scope of state management.
Article
2. Regulated entities
1. Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit violations specified in this Decree.
2. Organizations facing
penalties for administrative violations regulated by this Decree include:
a) Economic organizations
that are duly established under the Law on enterprises, consisting of: sole
proprietorships, joint-stock companies, limited liability companies,
partnerships and their affiliates (including branches and representative
offices);
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c) Organizations that are
duly established under the Law on Investment, consisting of: Domestic
investors, foreign investors and foreign-invested economic organizations;
representative offices and branches of foreign traders in Vietnam; representative
offices of foreign trade promotion organizations in Vietnam;
d) Social organizations,
socio-political organizations, and socio-professional organizations;
dd) Administrative units
and other organizations prescribed by law.
3. Household businesses
that are required to register their business as prescribed by law and business
families shall incur the same penalties as those incurred by individuals for
committing administrative violations specified in this Decree.
Article
3. Penalties and remedial measures
1. Primary penalties:
a) Warnings;
b) Fines.
2. Additional penalties:
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b) Partial or total
suspension of chemical activities; manufacture, sale, import and experimenting
of insecticidal and germicidal chemicals and preparations for household and
medical use; provision of preparation-based insect and germ control services;
industrial explosive material-related activities;
c) Confiscation of the
exhibits and instrumentalities for committing administrative violations against
regulations on chemicals and industrial explosive materials.
3. Apart from the
remedial measures specified in Points a, c, d, dd, e, h and i Clause 1 Article
28 of the Law on Penalties for Administrative Violations, this Decree also
provides for remedial measures as follows:
a) Enforced invalidation
of results of chemical safety training received by entities involved in
chemical activities;
b) Enforced recycling of
domestically manufactured electric and electronic products whose toxic chemical
content exceeds permissible limits.
c) Enforced recall of
domestically manufactured or imported chemicals that have been used or sold on
the market but have not been classified;
d) Enforced recall and
recycling of hazardous chemicals that are used or sold toxic chemicals that
harm human, animal or plant health or the environment if recyclable;
dd) Enforced termination
of publishing of information about units eligible for manufacturing
insecticidal and germicidal preparations;
e) Enforced recycling of
domestic and medical insecticidal and germicidal preparations if recyclable;
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h) Enforced termination
of publishing of information about units eligible for experimenting
insecticidal and germicidal chemicals and preparations for domestic and medical
use;
i) Enforced adoption of
remedial measures against the failure to ensure safety during the manufacture,
testing and assessment of industrial explosive materials;
k) Enforced adoption of
remedial measures against the failure to ensure safety during the storage of
industrial explosive materials; during the construction and equipment of combat
gears, vehicles and works for protecting and guarding warehouses of industrial
explosive materials;
l) Enforced movement of
reserved industrial explosive materials to designate warehouses and locations.
Article
4. Maximum fines and power to impose fines on entities
1. The maximum fine for a
violation against regulations on chemicals and a violation against regulations
on industrial explosive materials incurred by an individual is VND 50,000,000
and VND 100,000,000 respectively.
2. The fines prescribed
in Chapter II hereof are imposed for administrative violations committed by
individuals. The fine incurred by an organization is twice as much as the fine
incurred by an individual for the same violation.
3. The maximum fines
imposed by the persons mentioned in Chapter III hereof are incurred by individuals.
The maximum fines they may impose upon organizations are twice as much as the
fines incurred by individuals.
Chapter
II
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Section
1. VIOLATIONS AGAINST REQUIREMENTS FOR SAFETY ASSURANCE AND CONDITIONS FOR
MANUFACTURE AND SALE OF CHEMICALS
Article
5. Violations against regulations on factories, warehouses and equipment
serving manufacture and sale of chemicals
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for failure to put up signs and
lights at escape routes of factories and chemical warehouses.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to include
information about hazardous properties of chemicals in warning signs put up in
the factory or chemical warehouse;
b) Failure to put up or
place signs indicating hazardous properties of chemicals in noticeable places
of the factory or chemical warehouse;
c) Failure to put up
regulatory signs indicating regulations on chemical safety in the factory or
chemical warehouse;
d) Failure to put up or
place signs indicating detailed guidelines on safe work procedure in noticeable
and legible places in the production area where hazardous chemicals are
available;
dd) Failure to use the
lighting system in accordance with regulations and requirements on manufacture
and storage of chemicals;
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g) Failure to establish a
lightning protection system in the factory or chemical warehouse that is not
located in the lightning protection area;
h) Failure to build
gutters to collect and drain water on the floor of the factory or chemical
warehouse.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any one of the following
violations:
a) Using outdoor tanks
without a protection dike or other technical measures for preventing the
release of chemicals.
b) Failure to carry out
periodic inspection of machinery and equipment subject to strict requirements
for occupational safety and hygiene during their use.
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Failure to maintain
fulfillment of conditions for safe chemical storage and fire safety in the
chemical warehouse with respect to industrial chemicals conditionally
manufactured and sold; in a separate area in the warehouse or separate
warehouse intended for storage of industrial chemicals restricted from
manufacture and sale;
b) Failure to contain
chemicals in the warehouse intended for storage of industrial chemicals
industrial chemicals conditionally manufactured and sold; failure to maintain
storage of chemicals in a separate area in the warehouse or separate warehouse
intended for storage of industrial chemicals restricted from manufacture and
sale.
5. Remedial measures:
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Article
6. Violations against regulations on chemical containers and packages serving
manufacture and sale of chemicals
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to separately
store used chemical packages that are meant to be reused.
2. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for using chemical containers and
packages that are not tightly sealed during their handling and transport.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to check and clean
used chemical containers and packages before filling chemicals.
4. Remedial measures:
The violator is compelled
to implement measures for control of environmental pollution if the commission
of any of the violations in Clauses 1, 2 and 3 of this Article threatens
environmental safety.
Article
7. Violations against regulations on storage of chemicals during manufacture
and sale of chemicals
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to classify and
arrange each type of hazardous chemical by its properties.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the violation mentioned in
Clause 1 of this Article is repeated.
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The violator is compelled
to implement measures for control of environmental pollution if the commission
of any of the violations in Clauses 1 and 2 of this Article threatens
environmental safety.
Article
8. Violations against regulations on transport of chemicals during manufacture
and sale of chemicals
1. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed on the transporter if he/she
fails to appoint an escort during transport of chemicals in a quantity greater
than the permissible one.
2. The following fines
shall be imposed on the motor vehicle operator, escort, handling staff or
warehouse keeper that fails to satisfy requirements to be satisfied by a
chemical transporter:
a) A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed for failure to provide personal
protective equipment appropriate to the transported chemicals in accordance
with applicable regulations on occupational safety of persons involved in the
transport;
b) A fine ranging from
VND 4,000,000 to VND 5,000,000 shall be imposed for employing transporters
without a Certificate of training in safe transport of hazardous industrial
goods.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for transport of chemicals by
a new or reusable chemical container that has not been tested or inspected
before packaging.
4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for any one of the following
violations:
a) Failure to satisfy requirements
for packaging chemicals in accordance with regulations on packaging levels
before transport;
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5. Remedial measures:
The violator is compelled
to implement measures for control of environmental pollution if the commission
of any of the violations in Clauses 3 and 4 of this Article threatens
environmental safety.
Article
9. Violations against regulations on personnel in charge of manufacture and
sale of chemicals
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Employing a person in
charge of chemical safety in a store selling conditional industrial chemicals
or industrial chemicals restricted from manufacture and sale who does not
obtain at least an intermediate professional education diploma in chemicals;
b) Employing a technical
director, deputy technical director or technician in charge of manufacture of
chemicals in a facility manufacturing conditional industrial chemicals or
industrial chemicals restricted from manufacture and sale who does not obtain
at least a bachelor’s degree in chemicals;
2. Additional penalties:
The certificate of
eligibility to manufacture or sell conditional industrial chemicals or the
license to manufacture or sell industrial chemicals restricted from manufacture
and sale shall be suspended from 01 month to 03 months if any of the violations
in Clause 1 of this Article is committed.
Article
10. Violations against regulations on chemical stores
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2. Additional penalties:
The trading in chemical
stores shall be suspended from 01 month to 03 months if the violation mentioned
in Clause 1 of this Article is committed.
Article
11. Violations against regulations on training in chemical safety
1. Fines for failure to
organize or appoint persons to join periodic training courses on chemical
safety offered to subjects in group 3:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the violation involves fewer
than 10 persons in group 3;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves 10 -
49 persons in group 3;
c) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed if the violation involves 50
- 99 persons in group 3;
d) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed if the violation involves 100
- 999 persons in group 3;
dd) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed if the violation involves
1,000 persons or more in group 3.
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a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the violation involves
fewer than 10 persons in group 1 or 2;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed if the violation involves 10
- 29 persons in group 1 or 2;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed if the violation involves 30
- 49 persons in group 1 or 2;
d) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed if the violation involves 50
- 99 persons in group 1 or 2;
dd) A fine ranging from
VND 25,000,000 to VND 30,000 shall be imposed if the violation involves 100
persons or more in group 1 or 2.
3. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any one of the following
violations:
a) Failure to
sufficiently archive chemical safety training documents as prescribed;
b) Failure to provide
training in chemical safety to subjects in group 1 or group 2 or group 3 for a
prescribed minimum period.
4. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to archive chemical
safety training documents or archiving them for less than 03 years.
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6. A fine ranging from
VND 7,000,000 to VND 10.000.000 shall be imposed for any one of the following
violations:
a) Employing a chemical
safety trainer who does not obtain at least a bachelor’s degree in chemicals;
b) Employing a chemical
safety trainer who does not have sufficient 05 years’ experience in chemical
safety.
7. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to comply with
regulations on assessment of results of chemical safety training.
8. Remedial measures:
The results of chemical
safety training received by entities involved in chemical activities shall be
invalidated if any of the violations in Point b Clause 3, Clauses 4 and 6 of
this Article is committed.
Article
12. Violations against regulations on management and control of industrial
precursors
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to sufficiently record
information about industrial precursors during their manufacture and sale in a
logbook.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to prepare a
logbook to record the manufacture and sale of industrial precursors.
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Article
13. Violations against regulations on chemical extraction and packaging
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to separately
store used chemical packages that are meant to be reused for chemical
extraction and packaging.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for extracting and packaging
chemicals in containers and packages that are not tightly sealed.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Failure to check and
clean used chemical packages and containers before chemical extraction and
packaging;
b) Extracting and
packaging chemicals in places where requirements for fire prevention,
environmental safety and occupational safety and hygiene are not satisfied.
4. Remedial measures:
The violator is compelled
to implement measures for control of environmental pollution if the commission
of any of the violations in Clause 2 and Point a Clause 3 of this Article
threatens environmental safety.
Section
2. VIOLATIONS AGAINST REGULATIONS ON USE OF CHEMICALS AND USE OF HAZARDOUS
CHEMICALS FOR MANUFACTURE OF OTHER PRODUCTS
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1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to put up a
regulatory sign indicating regulations on chemical safety in the area where
hazardous chemicals are used or stored;
b) Failure to put up a
signaling system corresponding to the levels of hazard of chemicals in the area
where hazardous chemicals are used or stored;
c) Failure to include all
hazardous properties of chemicals in the warning sign indicating that hazardous
chemicals have different hazardous properties;
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to provide space
for storage of hazardous chemicals.
3. Additional penalties:
The use of hazardous
chemicals shall be suspended from 01 month to 03 months if the violation mentioned
in Clause 2 of this Article is committed.
Article
15. Violations against regulations on information retention, personnel and
chemical safety training during use of chemicals and hazardous chemicals
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
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b) Failure to retain
information about use of chemicals, including scientific and trade names of the
chemicals; quantities of chemicals manufactured, imported, used or discarded;
purposes, and hazard classification based on the Globally Harmonized System of
Classification and Labelling of Chemicals; information about chemical
emergencies and chemical safety in chemical facilities. If a chemical facility
has multiple branches, data on chemicals shall cover all relevant information
about the facility and its branches.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Failure to retain
information about the chemicals used for manufacture of other products;
b) Failure to provide a
person in charge of chemical safety in the facility using chemicals for manufacture
of other products.
3. Regulations on
violations, fines, additional penalties and remedial measures specified in
Article 11 of this Article shall be applied to imposition of penalties for
administrative violations against regulations on chemical safety training
provided to employees in facilities using chemicals and hazardous chemicals.
4. Additional penalties:
The use of chemicals and
hazardous chemicals shall be suspended from 01 month to 03 months if the
violation mentioned in Point b Clause 2 of this Article is committed.
Section
3. VIOLATIONS AGAINST REGULATIONS ON MANUFACTURE AND SALE SPECIFIED IN
CERTIFICATE OF ELIGIBILITY TO MANUFACTURE OR SELL CONDITIONAL INDUSTRIAL
CHEMICALS; LICENSE TO MANUFACTURE OR SELL INDUSTRIAL CHEMICALS RESTRICTED FROM
MANUFACTURE AND SALE; LICENSE TO IMPORT INDUSTRIAL PRECURSORS
Article
16. Violations against regulations on manufacture and sale specified in the
certificate of eligibility to manufacture or sell conditional industrial
chemicals
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2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any one of the following
violations:
a) Leasing, lending,
selling or transferring the certificate of eligibility to manufacture or sell
conditional industrial chemicals or putting up the certificate as collateral;
b) Renting, borrowing or
buying the certificate of eligibility to manufacture or sell conditional
industrial chemicals or receiving the certificate as collateral.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to manufacture or
sell conditional chemicals according to the place, scope and type written on
the certificate of eligibility to manufacture or sell conditional industrial
chemicals.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to adhere to
regulations on re-issuance of the certificate of eligibility to manufacture or
sell chemicals in case of any change to information about establishment
registration.
5. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to adhere to
regulations on adjustments to certificate of eligibility to manufacture or sell
chemicals in the case of any change of the location of the facility, type of
chemical to be manufactured or sold or scope of manufacturing or sale.
6. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for manufacturing or selling
chemicals without a certificate of eligibility to manufacture or sell
conditional industrial chemicals or continuing to manufacture or sell chemicals
while the manufacture or sale or the certificate of eligibility to manufacture
or sell conditional industrial chemicals is being suspended.
7. Additional penalties:
a) The exhibit for
committing the administrative violation which is the falsified certificate of
eligibility to manufacture or sell conditional industrial chemicals shall be confiscated
if the violation mentioned in Clause 1 of this Article is committed;
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8. Remedial measures:
The violator is compelled
to transfer illegal benefits obtained from the violations mentioned in Clauses
2 and 6 of this Article.
Article
17. Violations against regulations on manufacture and sale specified in the
license to manufacture or sell industrial chemicals restricted from manufacture
and sale
1. A warning or fine of
from VND 500,000 to VND 1,000,000 shall be imposed for falsifying the license
to manufacture or sell industrial chemicals restricted from manufacture and
sale.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any one of the following
violations:
a) Leasing, lending, selling
or transferring the license to manufacture or sell industrial chemicals
restricted from manufacture and sale or putting up the license as collateral;
b) Renting, borrowing or
buying the license to manufacture or sell industrial chemicals restricted from
manufacture and sale or receiving the license as collateral.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to manufacture or
sell industrial chemicals restricted from manufacture and sale according to the
place, type or scope written on the license to manufacture or sell industrial
chemicals restricted from manufacture and sale.
4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to adhere to
regulations on re-issuance of the license to manufacture or sell industrial
chemicals restricted from manufacture and sale in case of any change to
information about the entity.
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6. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing or selling
industrial chemicals restricted from manufacture and sale without a license to
manufacture or sell industrial chemicals restricted from manufacture and sale
or continuing to manufacture or sell chemicals while the operation or the
license to manufacture or sell industrial chemicals restricted from manufacture
and sale is being suspended.
7. Additional penalties:
a) The exhibit for
committing the administrative violation which is the falsified license to
manufacture or sell industrial chemicals restricted from manufacture and sale
shall be confiscated if the violation mentioned in Clause 1 of this Article is
committed;
b) The license to
manufacture or sell industrial chemicals restricted from manufacture and sale
shall be suspended from 01 month to 03 months if any of the violations in Point
a Clause 2, Clause 3 and Clause 5 of this Article is committed.
8. Remedial measures:
The violator is compelled
to transfer illegal benefits obtained from the violations mentioned in Clauses
2 and 6 of this Article.
Article
18. Violations against regulations on control of industrial chemicals
restricted from manufacture and sale
1. A fine ranging from
5,000,000 to 10,000,000 shall be imposed for selling industrial chemicals
restricted from manufacture and sale to entities buying chemicals for sale
purpose but failing to satisfy all conditions for selling industrial chemicals
restricted from manufacture and sale as prescribed.
2. A fine ranging from
10,000,000 to 15,000,000 shall be imposed for selling industrial chemicals
restricted from manufacture and sale to entities buying chemicals for use but
failing to adhere to regulations on use of hazardous chemicals.
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The license to sell
industrial chemicals restricted from manufacture and sale shall be suspended
from 01 month to 03 months if any of the violations in Clauses 1 and 2 of this
Article is committed.
4. Remedial measures:
The violator is compelled
to transfer illegal benefits obtained from the violations mentioned in Clauses
1 and 2 of this Article.
Article
19. Violations against regulations on activities specified in the license to
export or import industrial precursors
1. A warning or fine of
from VND 500,000 to VND 1,000,000 shall be imposed for falsifying the license
to export or import industrial precursors.
2. Fines for exporting or
importing industrial precursors without an export or import license or the
expired export or import license:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the value of industrial
precursors involved in the violation is less than VND 20,000,000;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the value of industrial
precursors involved in the violation is from VND 20,000,000 to less than VND
50,000,000;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the value of industrial
precursors involved in the violation is from VND 50,000,000 to less than VND
70,000,000;
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dd) A fine ranging from
VND 40.000.000 to VND 50,000,000 shall be imposed if the value of industrial
precursors involved in the violation is at least VND 100,000,000 while no
criminal prosecution is brought;
3. Additional penalties:
The exhibit for
committing the administrative violation which is the falsified license to
export or import industrial precursors shall be confiscated if the violation
mentioned in Clause 1 of this Article is committed.
4. Remedial measures:
The violator is compelled
to remove or re-export imported industrial precursors from Vietnam’s territory
if the violation mentioned in Clause 2 of this Article is committed.
Section
4. VIOLATIONS AGAINST REGULATIONS ON PERMISSIBLE CONTENT OF TOXIC CHEMICALS IN
ELECTRIC AND ELECTRONIC PRODUCTS; VIOLATIONS AGAINST REGULATIONS ON TOXIC
CHEMICAL SALE RECORDS
Article
20. Violations against regulations on permissible content of toxic chemicals in
electric and electronic products with respect to import and export
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to archive
documents about permissible content of toxic chemicals in accordance with
regulations.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to publish information
about permissible content of toxic chemicals in accordance with regulations.
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4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to manufacture or
import electric and electronic products whose toxic chemical content exceeds
permissible limits.
5. Remedial measures:
a) The violator is compelled
to recycle or destroy domestically manufactured electric and electronic
products whose toxic chemical content exceeds permissible limits, whichever is
appropriate, if the violation mentioned in Clause 4 of this Article is
committed;
b) The violator is
compelled to remove or re-export or destroy imported electric and electronic
products whose toxic chemical content exceeds permissible limits, whichever is
appropriate, if the violation mentioned in Clause 4 of this Article is
committed.
Article
21. Violations against regulations on toxic chemical sale records
1. A fine ranging from
VND 100,000 to VND 300,000 shall be imposed for any one of the following
violations:
a) The toxic chemical
sale record does not include confirmation given by the buyer or the seller;
b) The toxic chemical
sale record does not contain all information as prescribed: name and quantity
of the chemical, purposes; name and signature of the buyer or the seller;
address and number of the ID card of the buyer’s representative or the seller’s
representative; date of delivery.
2. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed for failure to retain toxic
chemical sale records in accordance with regulations on toxic chemicals.
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Section
5. VIOLATIONS AGAINST REGULATIONS ON CLASSIFICATION OF CHEMICALS, SAFETY DATA
SHEETS AND DECLARATION OF IMPORTED CHEMICALS
Article
22. Violations against regulations on classification of chemicals
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to use the GHS from
Rev. 2 (2007) onwards to classify chemicals.
2. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for using or selling domestically
manufactured or imported chemicals on the market without classifying chemicals
as prescribed.
3. Remedial measures:
The violator is compelled
to recall domestically manufactured or imported chemicals that have been used
or sold on the market but have not been classified if the violation mentioned
in Clause 2 of this Article is committed.
Article
23. Violations against regulations on safety data sheets
1. A fine ranging from VND
500,000 to VND 1,000,000 shall be imposed for failure to develop all required
contents of each safety data sheet.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for specifying false
information about hazardous chemicals in the safety data sheet.
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4. A fine ranging from
15,000,000 to 20,000,000 shall be imposed for failure to prepare safety data
sheets in Vietnamese language for used or sold hazardous chemicals.
5. Remedial measures:
a) The violator is
compelled to correct false information on the safety data sheet if the
violation mentioned in Clause 2 of this Article is committed;
b) The violator is
compelled to recall and recycle used or sold toxic chemicals that harm human,
animal or plant health or the environment if recyclable if the violation mentioned
in Clause 4 of this Article is committed. In case of failure to recycle them,
carry out destruction.
Article
24. Violations against regulations on declaration of imported chemicals through
the National Single Window Portal
1. A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed for any one of the following
violations:
a) In the case of
non-commercial import, failure to attach a chemical purchase or sale invoice or
arrival notice of the imported chemicals upon declaration;
b) Failure to attach a
safety data sheet in Vietnamese language which contains all information in
accordance with regulations on imported chemicals upon declaration.
2. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for specifying false information
about hazardous chemicals in the declaration of imported chemicals submitted
through the National Single Window Portal.
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4. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed if the violation mentioned in
Clause 2 of this Article is repeated.
5. A fine ranging from
VND 12,000,000 to VND 15,000,000 shall be imposed for failure to archive
documents about declaration of imported chemicals within 05 years as
prescribed.
6. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to archive
documents about declaration of imported chemicals as prescribed.
7. Additional penalties:
The import of chemicals
shall be suspended from 01 month to 03 months if any of the violations in
Clauses 3 and 4 this Article is committed.
Section
6. VIOLATIONS AGAINST REGULATIONS ON CHEMICAL EMERGENCY PREPAREDNESS AND
RESPONSE MEASURES AND PLANS
Article
25. Violations against regulations on chemical emergency preparedness and
response measures and plans
1. Fines for failure to
adhere to chemical emergency preparedness and response measures and plans that
have been promulgated:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to implement the
technology equipment inspection and maintenance plan, excluding the chemical
emergency preparedness and response measures that have been verified by the
competent authority before December 28, 2017;
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c) A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for failure to implement the
plan to inspect and supervise potential sources of emergencies;
d) A fine ranging from
VND 7,000,000 to VND 10,000,000 shall be imposed for failure to provide a
sufficient quantity or maintain effective operation of infrastructures,
equipment and vehicles serving response to chemical emergencies, warning system
and internal and external communication system in the event of emergencies;
dd) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to provide
equipment and vehicles for response to chemical emergencies which suit
hazardous properties of chemicals in areas where hazardous chemicals are
manufactured, sold and stored according to the chemical emergency preparedness
and response measure or plan that has been established by the investor in the
chemical manufacture and sale project.
2. Fines for failure to
adhere to chemical emergency preparedness and response measures and plans that
have been approved:
a) A fine ranging from VND
2,000,000 to VND 5,000,000 shall be imposed for failure to implement the
technology equipment inspection and maintenance plan;
b) A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed for failure to implement
preparedness measures associated with technology, design and equipment serving
the manufacture;
c) A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed for failure to implement the
plan to inspect and supervise potential sources of emergencies;
d) A fine ranging from VND
12,000,000 to VND 15,000,000 shall be imposed for failure to provide training
to on-site response forces or failure to annually hold emergency drills
specified in the approved chemical emergency preparedness and response plan;
dd) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to provide
sufficient quantity or maintain effective operation of infrastructures,
equipment and vehicles serving response to chemical emergencies, warning system
and internal and external communication system in the event of emergency;
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3. Remedial measures:
The violator is compelled
to implement measures for control of environmental pollution if the commission
of any of the violations in Clauses 1 and 2 of this Article threatens
environmental safety.
Article
26. Violations against regulations on quantity of stored hazardous chemicals
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for storing hazardous chemicals
that are materials, intermediate and finished chemicals that have not been
specified or have been stored in a quantity greater than that specified in the
promulgated chemical emergency preparedness and response measures.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for storing hazardous
chemicals that are materials, intermediate and finished chemicals not included
in the list of hazardous chemicals with compulsory emergency preparedness and
response plans which have not been specified in the plans or have been stored
in a quantity greater than that mentioned in the approved plans, excluding the
chemical emergency preparedness and response plans approved by competent
authorities before December 28, 2017.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for storing hazardous
chemicals that are materials, intermediate and finished chemicals included in
the list of hazardous chemicals with compulsory emergency preparedness and
response plans which have not been specified in the plans or have been stored
in a quantity greater than that mentioned in the approved chemical emergency
preparedness and response plans.
4. A fine ranging from
VND 10,000,000 to VND 25,000,000 shall be imposed for storing hazardous
chemicals that are materials, intermediate and finished chemicals included and
not included in the list of hazardous chemicals with compulsory emergency
preparedness and response plans which have not been specified in the plans or
have been stored in a quantity greater than that mentioned in the approved
plans, excluding the chemical emergency preparedness and response plans
approved by competent authorities before December 28, 2017.
5. Additional penalties:
The manufacture or sale
or use of hazardous chemicals shall be suspended from 01 month to 03 months if
the commission of any of the violations in Clauses 1, 2, 3 and 4 of this
Article results in a chemical emergency which harms human, animal or plant
health or the environment.
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1. Fines for violations against
regulations on development of chemical emergency preparedness and response
measures:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to send the
industrial chemical emergency preparedness and response measure and decision on
measure promulgation to the Department of Industry and Trade of a province or
city where the chemical activity project is set up; failure to develop
sufficient required contents of the chemical emergency preparedness and
response measure;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to retain the
promulgated chemical emergency preparedness and response measure at the
chemical facility as the basis for the entity to inspect safety at the facility
and present it at the request of competent authorities;
c) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for developing the industrial
chemical emergency preparedness and response measure without issuing the
decision on measure promulgation but the project is still put into operation;
d) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to develop the
industrial chemical emergency preparedness and response measure but the project
is still put into operation.
2. Fines for violations
against regulations on development of chemical emergency preparedness and
response plans:
a) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to retain the
approved chemical emergency preparedness and response plan at the chemical
facility as the basis for the entity to inspect safety at the facility and
present it at the request of competent authorities;
b) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for developing the industrial
chemical emergency preparedness and response plan without submitting it to the
competent authority for approval but the project is still put into operation;
c) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to develop the
industrial chemical emergency preparedness and response plan to serve the
manufacture, sale, use and storage of hazardous chemicals while still putting
the project into operation.
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The manufacture or sale
or use of hazardous chemicals shall be suspended from 01 month to 03 months if
the commission of any of the violations in Point d Clause 1, Points b and c
Clause 2 of this Article results in a chemical emergency which harms human,
animal or plant health or the environment.
Section
7. VIOLATIONS AGAINST REGULATIONS ON CHEMICAL ACTIVITY REPORTS AND CONTENTS
THEREOF
Article
28. Violations against regulations on contents of reports
1. A warning or fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed on entities involved
in chemical activities for failure to report all contents related to chemical
activities.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for report false information
about the entities’ manufacture, sale and use of chemicals.
Article
29. Violations against reporting regulations
A fine ranging from VND
5,000,000 to VND 7,000,000 shall be imposed for failure to submit annual
reports or ad hoc reports on chemical activities in the case of any chemical
emergency or end of a chemical activity or at the request of a competent
authority.
Section
8. VIOLATIONS AGAINST REGULATIONS ON IMPORT, DECLARATION AND INSPECTION OF
SCHEDULE CHEMICALS
Article
30. Violations against regulations on conditions for manufacture of Schedule 1,
Schedule 2, Schedule 3, DOC and DOC-PSF chemicals
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be paid by the Schedule 1, Schedule 2 and
Schedule 3 chemical facility or DOC and DOC-PSF chemical facility for employing
a technical director or deputy technical director who does not obtain at least
a bachelor’s degree in chemicals or employing the management or technology team
that does not hold qualifications in chemicals.
3. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for manufacturing Schedule 1,
Schedule 2, Schedule 3, DOC and DOC-PSF chemicals against the commitment.
4. Additional penalties:
The manufacture of
Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals shall be
suspended from 01 month to 03 months if the commission of any of the violations
in Clauses 1, 2 and 3 of this Article results in a chemical emergency which
harms human, animal or plant health or the environment.
Article
31. Violations against regulations on the manufacture specified in the license
to manufacture Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals
1. A warning or fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for falsifying the
licenses to manufacture Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF
chemicals.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any one of the following
violations:
a) Leasing, lending,
selling or transferring the license to manufacture Schedule 1, Schedule 2 and
Schedule 3 chemicals or DOC and DOC-PSF chemicals or putting up the license as
collateral;
b) Renting, borrowing or
buying the license to manufacture Schedule 1, Schedule 2 and Schedule 3
chemicals or DOC and DOC-PSF chemicals or receiving the license as collateral.
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4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for manufacturing Schedule 1,
Schedule 2, Schedule 3, DOC and DOC-PSF chemicals without a manufacturing
license or continuing to manufacture chemicals while the manufacture is being
suspended or the manufacturing license is being suspended or revoked.
5. Additional penalties:
a) The exhibit for
committing the administrative violation which is the falsified license to
manufacture Schedule 1, Schedule 2 and Schedule 3 chemicals or DOC and DOC-PSF
chemicals shall be confiscated if the violation mentioned in Clause 1 of this
Article is committed; the exhibits for committing the administrative violation
which are Schedule 1, Schedule 2 and Schedule 3 chemicals or DOC and DOC-PSF
chemicals if the violation mentioned in Clause 4 of this Article is committed;
b) If any of the
violations in Point a Clause 2 and Clause 3 of this Article is committed, the
license to manufacture Schedule 1, Schedule 2 and Schedule 3 chemicals or DOC
and DOC-PSF chemicals shall be suspended from 01 month to 03 months.
6. Remedial measures:
The violator is compelled
to transfer illegal benefits obtained from the violations mentioned in Clauses
2 and 4 of this Article.
Article
32. Violations against regulations on activities specified in the license to
export or import Schedule 1, Schedule 2, Schedule 3 chemicals
1. A warning or fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for falsifying the
license to export or import Schedule 1, Schedule 2, Schedule 3 chemicals.
2. Fines for export or
import of Schedule 1, Schedule 2 and Schedule 3 chemicals without an export or
import license:
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b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the value of chemicals
involved in the violation is from VND 20,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the value of chemicals
involved in the violation is from VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if the value of chemicals
involved in the violation is from VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 40.000.000 to VND 50,000,000 shall be imposed if the value of chemicals
involved in the violation is at least VND 100,000,000 while no criminal
prosecution is brought.
3. Additional penalties:
The exhibit for
committing the administrative violation which is the falsified license to
export or import Schedule 1, Schedule 2 and Schedule 3 chemicals shall be
confiscated if the violation mentioned in Clause 1 of this Article is
committed.
4. Remedial measures:
The violator is compelled
to remove or re-export Schedule 1, Schedule 2 and Schedule 3 chemicals from
Vietnam’s territory if the violation mentioned in Clause 2 of this Article is
committed.
Article
33. Violations against regulations on declaration of manufacture, sale,
processing, consumption and storage of Schedule 1, Schedule 2, Schedule 3, DOC
and DOC-PSF chemicals
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to correctly declare
information about the manufacture, sale, processing, consumption or storage of
Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for making declarations of
Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals.
4. Additional penalties:
The manufacture or sale
by the facility manufacturing, selling, processing, consuming and storing
Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals shall be suspended
from 01 month to 03 months if the violation mentioned in Clause 3 of this
Article is committed.
Article
34. Violations against regulations on declaration of import and export of
Schedule 1, Schedule 2 and Schedule 3 chemicals
1. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for declaring information about
Schedule 1, Schedule 2 and Schedule 3 chemicals behind schedule.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to incorrectly
declare information about the export or import of Schedule 1, Schedule 2,
Schedule 3 chemicals.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to make
declarations of export or import of Schedule 1, Schedule 2 and Schedule 3
chemicals.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to facilitate
audit of reports on export or import of Schedule 1, Schedule 2 and Schedule 3
chemicals by Organization for the Prohibition of Chemical Weapons or the Ministry
of Industry and Trade in cooperation with a Vietnamese authority.
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The manufacture or sale
by the facility manufacturing and selling Schedule 1, Schedule 2 and Schedule 3
chemicals shall be suspended from 01 month to 03 months if any of the
violations Clauses 2, 3 and 4 of this Article is committed.
Article
35. Violations against regulations on retention of information about and list
of buyers of Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to retain
information about or list of buyers of Schedule 1 within 05 years, Schedule 2,
Schedule 3, DOC and DOC-PSF chemicals within 02 years as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to retain
information about or list of buyers of Schedule 1, Schedule 2, Schedule 3, DOC
and DOC-PSF chemicals as prescribed.
3. Additional penalties:
The manufacture or sale
by the facility manufacturing and selling Schedule 1, Schedule 2, Schedule 3,
DOC and DOC-PSF chemicals shall be suspended from 01 month to 03 months if the
violation mentioned in Clause 2 of this Article is committed.
Article
36. Violations against regulations on inspection of Schedule 1, Schedule 2,
Schedule 3, DOC and DOC-PSF chemical facilities
1. A warning shall be
issued for any one of the following violations:
a) Assigning officials
that are unauthorized or unqualified for operation of the Schedule chemical
facility to work with the inspectorate of the Organization for the Prohibition
of Chemical Weapons;
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2. A fine ranging from
VND 200,000 to VND 500,000 shall be imposed if the violation mentioned in
Clause 1 of this Article is repeated.
3. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed for failure to adhere to guidelines
of the accompanying delegation during the inspection process.
Section
9. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND CONTROL OF INSECTICIDAL AND
GERMICIDAL CHEMICALS AND PREPARATIONS
Article
37. Violations against regulations on conditions for manufacture of insecticidal
and germicidal chemicals and preparations for domestic and medical use
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to employ a
full time person in charge of chemical safety that obtains at least an
intermediate professional education diploma in chemicals at the manufacturing
facility.
b) Failure to establish a
testing laboratory to test composition and content of chemicals in the
preparations manufactured by the facility or to hire a qualified testing
facility as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Failure to update
information in the application for declaration of eligibility for manufacture
in case of change of area of a factory or warehouse of equipment and vehicles
serving manufacture and response to chemical and preparation emergency, name,
address or telephone or failure to re-follow procedures for declaring
eligibility for manufacture of insecticidal and germicidal chemicals and
preparations;
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3. Regulations on
violations, fines and remedial measures specified in Article 5 of this Article
shall be applied to imposition of penalties for violations against regulations
on conditions for infrastructure and equipment of the facility manufacturing
insecticidal and germicidal chemicals and preparations.
4. Additional penalties:
a) The manufacture of the
insecticidal or germicidal chemical or preparation shall be suspended from 01
month to 03 months if any of the violations in Clause 1 and Point a Clause 2 of
this Article is committed.
b) The manufacture of the
insecticidal or germicidal chemical or preparation shall be suspended from 03
months to 06 months if the violation in Point b Clause 2 of this Article is
committed.
5. Remedial measures:
The publishing of
information about units eligible for manufacture of insecticidal and germicidal
preparations shall be terminated if any of the violations in Clause 1 and Point
a Clause 2 of this Article is committed.
Article
38. Violations against regulations on manufacture of insecticidal and
germicidal chemicals and preparations
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 for failure to retain results of testing of
composition and content of active ingredients of insecticidal and germicidal
chemicals and preparations manufactured by the facility with respect to each
batch of preparations before release for a period equal to the expiry date of
such batch.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 for failure to retain results of testing of
composition and content of active ingredients of insecticidal and germicidal
chemicals and preparations manufactured by the facility with respect to each
batch of preparations before release.
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a) A fine ranging from
VND 1,000,000 to VND 2,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of less than 05
kilograms (or liters);
b) A fine ranging from
VND 2,000,000 to VND 3,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 05
kilograms (or liters) to less than 20 kilograms (or liters);
c) A fine ranging from
VND 3,000,000 to VND 5,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 20
kilograms (or liters) to less than 100 kilograms (or liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 100
kilograms (or liters) to less than 300 kilograms (or liters);
dd) A fine ranging from
VND 10.000.000 to VND 20,000,000 for manufacturing each insecticidal or germicidal
preparation with a total volume of finished products of from 300 kilograms (or
liters) to less than 500 kilograms (or liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 500
kilograms (or liters) to less than 1,000 kilograms (or liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of 1,000
kilograms (or liters) or more.
4. Fines for manufacture
of insecticidal or germicidal preparation against the registered standards
approved by the Ministry of Health:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of less than 05
kilograms (or liters);
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c) A fine ranging from
VND 3,000,000 to VND 5,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 20
kilograms (or liters) to less than 100 kilograms (or liters);
d) A fine ranging from
VND 5,000,000 to VND 10,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 100 kilograms
(or liters) to less than 300 kilograms (or liters);
dd) A fine ranging from
VND 10,000,000 to VND 20,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 300
kilograms (or liters) to less than 500 kilograms (or liters);
e) A fine ranging from
VND 20,000,000 to VND 30,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of from 500
kilograms (or liters) to less than 1,000 kilograms (or liters);
g) A fine ranging from
VND 30,000,000 to VND 40,000,000 for manufacturing each insecticidal or
germicidal preparation with a total volume of finished products of 1,000
kilograms (or liters) or more.
5. Penalties for
manufacture of insecticidal and germicidal preparations without a registration
number in Vietnam issued by the Ministry of Health; manufacture of insecticidal
and germicidal preparations containing active ingredients on the list of active
ingredients banned from use in domestic and medical insecticidal and germicidal
preparations shall be imposed in accordance with regulations on penalties for
administrative violations against regulations on commercial activities,
manufacture and sale of counterfeit and banned goods, and protection of
consumer rights.
6. Additional penalties:
The manufacture of
domestic and medical insecticidal and germicidal preparations shall be
suspended from 03 months to 06 months if any of the violations in Clauses 3 and
4 of this Article is committed.
7. Remedial measures:
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b) The violator is
compelled to recycle domestic and medical insecticidal and germicidal
preparations if recyclable. In case of failure to carry out recycling, the
violator is compelled to destroy insecticidal and germicidal chemicals and
preparations if the violation mentioned in Clause 4 of this Article is committed;
c) The violator is
compelled to destroy insecticidal and germicidal chemicals and preparations for
domestic and medical use if the violation mentioned in Clause 3 of this Article
is committed.
Article
39. Violations against regulations on conditions for sale of insecticidal and
germicidal preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any one of the following
violations:
a) A person in charge of
chemical safety that obtains at least an intermediate professional education
diploma in chemicals is not available;
b) The insecticidal and
germicidal preparation store is not separated from food stores;
c) One of the storage
conditions written on the label of the domestic or medical insecticidal or
germicidal preparation is not satisfied;
d) First aid kits fail to
satisfy first aid requirements written on the label of the insecticidal or
germicidal preparation.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 for failure to provide first aid kits in
accordance with requirements written on the medical insecticidal or germicidal
preparation.
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The sale of domestic and
medical insecticidal and germicidal preparations shall be suspended from 01
month to 03 months if any of the violations in Clauses 1 and 2 of this Article
is committed.
Article
40. Violations against regulations on conditions to be satisfied by
preparation-based insect and germ control service providers
1. A fine ranging from
VND 3,000,000 to VND 5.000.000 shall be imposed for failure to train persons
directly performing insecticidal and germicidal works in one of the following
contents:
a) How to read
information on labels of insecticidal and germicidal chemicals and
preparations;
b) Insect and germ
control techniques appropriate to the services provided;
c) Safe use and disposal
of insecticidal and germicidal chemicals and preparations;
d) Updating of
information in the application for declaration of eligibility for provision of
preparation-based insect and germ control services behind schedule.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Failure to update
information in the application for declaration of eligibility for provision of
preparation-based insect and germ control services in case of any change to one
of the conditions for provision of preparation-based insect and germ control
services as prescribed by law;
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c) Providing
preparation-based insect and germ control services without a notice of receipt
of the application for declaration of eligibility for provision of
preparation-based insect and germ control services issued by the competent
authority,
3. Additional penalties:
a) The provision of
preparation-based insect and germ control services shall be suspended from 01
month to 03 months if any of the violations in Clause 1 and Points a and b
Clause 2 of this Article is committed;
b) The provision of
preparation-based insect and germ control services shall be suspended from 03
months to 06 months if the violation mentioned in Point c Clause 2 of this
Article is committed.
4. Remedial measures:
The publishing of
information about units eligible for provision of preparation-based insect and
germ control services shall be terminated if any of the violations in Clause 1
and Points a and b Clause 2 of this Article is committed.
Article
41. Violations against regulations on sale of insecticidal and germicidal
preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for providing insufficient or
false information about hazardous properties of insecticidal or germicidal chemicals
and preparations, thereby harming human, animal or plant health or the
environment.
2. Fines for sale of
expired insecticidal and germicidal preparations are those specified in Clause
3 Article 38 of this Decree.
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4. Additional penalties:
The sale of insecticidal
and germicidal chemicals and preparations shall be suspended from 03 months to
06 months if any of the violations in Clause 2 of this Article is committed.
5. Remedial measures:
The violator is compelled
to recall and destroy insecticidal and germicidal preparations if the violation
specified in Clause 2 of this Article is committed.
Article
42. Violations against regulations on import of insecticidal and germicidal
chemicals and preparations
1. Penalties for import
of insecticidal and germicidal preparations without a registration number in
Vietnam issued by the Ministry of Health; import of insecticidal and germicidal
chemicals and preparations containing active ingredients on the list of active
ingredients banned from use in insecticidal and germicidal chemicals and
preparations for domestic and medical use shall be imposed in accordance with
regulations on penalties for administrative violations against regulations on
commercial activities, manufacture and sale of counterfeit and banned goods,
and protection of consumer rights.
2. Fines for import of
expired insecticidal and germicidal chemicals and preparations are those
specified in Clause 3 Article 38 of this Decree.
3. Fines for import of
expired insecticidal and germicidal preparations against the registered
standards approved by the Ministry of Health are those specified in Clause 4
Article 38 of this Decree.
4. Additional penalties:
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5. Remedial measures:
The violator is compelled
to remove or re-export insecticidal and germicidal chemicals and preparations
from Vietnam’s territory if any of the violations in Clauses 2 and 3 of this
Article is committed.
Article
43. Violations against regulations on use of insecticidal and germicidal
chemicals and preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 for failure to follow the instructions for use
of a domestic or medical insecticidal or germicidal preparation written on its
label or attached user manual.
2. Fines for use of
expired insecticidal and germicidal chemicals and preparations for domestic and
medical use are those specified in Clause 3 Article 38 of this Decree.
3. Remedial measures:
a) The violator is
compelled to implement measures for control of environmental pollution if the
violation mentioned in Clause 1 of this Article is committed;
b) The violator is
compelled to destroy insecticidal and germicidal chemicals and preparations if
the violation specified in Clause 2 of this Article is committed.
Article
44. Violations against regulations on transport of insecticidal and germicidal
chemicals and preparations
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a) Failure to use a
vehicle that meets safety requirements for transport of a chemical or preparation;
b) Failure to satisfy
requirements for packages, casks or containers during transport;
c) Transporting an
insecticidal or germicidal chemical or preparation for domestic and medical use
together with foods, drinks, drugs and other consumables.
2. Fines for transport of
expired insecticidal and germicidal chemicals and preparations for domestic and
medical use are those specified in Clause 3 Article 38 of this Decree.
3. Remedial measures:
The violator is compelled
to destroy insecticidal and germicidal chemicals and preparations if the
violation specified in Clause 2 of this Article is committed.
Article
45. Violations against regulations on advertising insecticidal and germicidal
chemicals and preparations
1. A fine ranging from VND
5,000,000 to VND 10,000,000 for advertising an insecticidal or germicidal
chemical or preparation for domestic or medical use against the advertisement
certificate issued by the Ministry of Health.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 for any of the following violations against
regulations on advertising insecticidal and germicidal chemicals and
preparations for chemical and domestic use:
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b) Advertising an
insecticidal or germicidal chemical or preparation without being re-issued with
the advertisement certificate in case of any change as prescribed by law;
c) Advertising an
insecticidal or germicidal chemical or preparation with an expired
advertisement certificate.
Article
46. Violations against regulations on experimenting insecticidal and germicidal
chemicals and preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 for failure to update information in the
application for declaration of eligibility for experimenting the insecticidal
or germicidal preparation in case of change to one of the conditions for
conducting experiments as prescribed by law.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) A person in charge of
the experiment division who obtains at least 03 years’ experience in
experimenting insecticidal and germicidal preparations is not available;
b) The experimental
laboratory is not managed and operated according to ISO 17025:2005 or ISO
15189:2012 or an updated version;
c) Experimental services
are provided without applying for registration in accordance with regulations
of law on conditions for provision of conformity assessment services.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
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b) Failure to maintain
fulfillment of conditions applied to facilities experimenting domestic and
medical insecticidal and germicidal chemical preparations according to the
application;
c) Experimenting a
domestic or medical insecticidal or germicidal preparation without a notice of
receipt of the application for declaration of eligibility issued by the
competent authority.
4. Additional penalties:
a) The experimenting of
domestic or medical insecticidal or germicidal preparation shall be suspended
from 01 month to 03 months if any of the violations in Clauses 1 and 2, and
Points a and b Clause 3 of this Article is committed;
b) The experimenting of
the domestic or medical insecticidal or germicidal preparation shall be
suspended from 03 months to 06 months if the violation mentioned in Point c
Clause 3 of this Article is committed.
5. Remedial measures:
The publishing of
information about units eligible for manufacture of insecticidal and germicidal
chemicals and preparations for domestic and medical use shall be terminated if
any of the violations in Clauses 1 and 2 and Points a and b Clause 3 of this
Article is committed.
Article
47. Violations against regulations on testing insecticidal and germicidal
preparations
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 for failure to update information in the
application for declaration of eligibility for testing the insecticidal or
germicidal preparation in case of change to one of the conditions for
conducting tests as prescribed by law.
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a) Failure to maintain fulfillment
of conditions applied to facilities testing domestic and medical insecticidal
and germicidal chemical preparations according to the application;
b) Testing an
insecticidal or germicidal preparation without declaring eligibility for
testing as prescribed by law.
4. Additional penalties:
a) The testing of the
domestic or medical insecticidal or germicidal preparation shall be suspended
from 01 months to 03 months if the violation mentioned in Point a Clause 2 of
this Article is committed;
b) The testing of the
domestic or medical insecticidal or germicidal preparation shall be suspended
from 03 months to 06 months if the violation mentioned in Point b Clause 2 of
this Article is committed.
Article
48. Violations against regulations on registration of sale of insecticidal and
germicidal preparations
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Leasing or lending the
Certificate of free sale;
b) Falsifying the
Certificate of free sale;
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d) Failure to grant
additional registration to a preparation in case of change of the ownership or
the registration number; change of trade name of the preparation; change of
manufacturer’s location or change of manufacturer; change of name or contact
address of the applicant for the registration, or change of name of
manufacturer or production location and change of effects, quality criteria or
method of using the preparation;
2. Additional penalties:
The exhibit for
committing the administrative violation which is the falsified Certificate of
free sale shall be confiscated if the violation in Point b Clause 1 of this
Article is committed.
3. Remedial measures:
The violator is compelled
to transfer illegal benefits obtained from the violation mentioned in Point a
Clause 1 of this Article.
Section
10. VIOLATIONS AGAINST REGULATIONS ON INDUSTRIAL EXPLOSIVE MATERIAL ACTIVITIES
Article
49. Violations against regulations on responsibilities of organizations and
enterprises researching into, manufacturing, selling, transporting and using
industrial explosive materials and explosive precursors
1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Submitting a periodic
report on use of industrial explosive materials or explosive precursors behind
schedule;
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c) Reporting incorrect
data on the use of industrial explosive materials or explosive precursors;
d) Reporting incorrect
data on the manufacture or sale of industrial explosive materials or explosive
precursors;
dd) Failure to facilitate
or obstructing the inspection of industrial explosive material or explosive
precursor activities by competent authorities.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Submitting an ad hoc
report on industrial explosive material or explosive precursor activities
behind schedule;
b) Archiving insufficient
documents about industrial explosive material or explosive precursor
activities.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Failure to submit the
periodic report on use of industrial explosive materials or explosive
precursors;
b) Failure to submit the
report on manufacture or sale of industrial explosive materials or explosive
precursors;
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b) Failure to archive
documents about industrial explosive material or explosive precursor
activities.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Failure to carry out
assessment of safety risks during industrial explosive material activities in a
sufficient manner;
b) Failure to implement
the emergency response plan during industrial explosive material activities in
a sufficient manner;
c) Failure to carry out
assessment of safety risks on an annual basis or in case of any change related to
safety conditions during industrial explosive material activities;
d) Failure to review or
update the emergency response plan on an annual basis or in case of any change
related to the emergency response during industrial explosive material
activities.
5. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Failure to carry out
assessment of safety risks during industrial explosive material activities;
b) Failure to develop an
emergency response plan for industrial explosive material activities.
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The violator is compelled
to correct false information mentioned in the report on manufacture or sale of
industrial explosive materials or explosive precursors if any of the violations
in Points c and d Clause 1 of this Article is committed.
Article
50. Violations against regulations on personnel involved in industrial
explosive material and explosive precursor activities
1. A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed for any one of the following
violations:
a) Failure to provide
industrial explosive material or explosive precursor safety training as
prescribed;
b) Failure to design
industrial explosive material or explosive precursor safety training documents
or failure to develop sufficient contents of industrial explosive material or
explosive precursor safety training documents as prescribed;
c) Selecting an
unqualified trainer to provide industrial explosive material or explosive precursor
safety training.
2. A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Employing an
unqualified person to carry out an industrial explosive materials activity;
b) Employing a person who
has not been trained in and issued with the certificate of industrial explosive
material or explosive precursor safety training.
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The industrial explosive
material or explosive precursor activity shall be suspended from 03 months to
06 months if any of the violations in Clauses 1 and 2 of this Article is
committed.
Article
51. Violations against regulations on management of licenses to use industrial
explosive materials or explosive precursors
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Failure to send a
written notification to the People's Committee of the province at least 10 days
before using industrial explosive materials or providing blasting services according
to the license;
b) Sending a notification
containing insufficient or incorrect information before using industrial
explosive materials or providing blasting services according to the license.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Buying, selling,
exchanging, giving, borrowing, leasing or lending the license to use industrial
explosive materials or explosive precursors or putting up the license or
certificate as collateral;
b) Manufacturing,
transporting or using an amount that exceeds the permissible amount specified
in the license to use industrial explosive materials or explosive precursors;
c) Using an amount of
industrial explosive materials that exceeds the permissible amount specified in
the notification of use of industrial explosive materials.
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4. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Misusing the license
to use industrial explosive materials for selling or providing industrial
explosive materials to other entities;
b) Misusing the license
to use industrial explosive materials for providing blasting services or
blasting mines in a place not specified in the license.
5. Additional penalties:
a) Confiscate the exhibit
for committing the administrative violation mentioned in Point a Clause 4 of
this Article;
b) Suspend the license to
use industrial explosive materials or explosive precursors from 03 months to 06
months if the violation mentioned in Clause 2 of this Article is committed;
c) Suspend the license to
use industrial explosive materials or explosive precursors from 18 months to 24
months if the violation mentioned in Clause 4 of this Article is committed;
d) Confiscate the exhibit
for committing the administrative violation which is the license to use
industrial explosive materials or explosive precursors if the violation
mentioned in Clause 3 of this Article is committed.
6. Remedial measures:
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Article
52. Violations against regulations on researching into, testing and
manufacturing industrial explosive materials and explosive precursors
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for packaging industrial
explosive materials against the standard or technical regulation the conformity
with which has been declared.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Researching into,
developing or testing an industrial explosive material against the approved
research outline;
b) Failure to carry out
inspection before use or to carry out periodic inspections during use of
machinery and equipment subject to strict requirements for occupational safety
and hygiene.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Failure to maintain
fulfillment of conditions for ensuring safety and quality of industrial
explosive materials or explosive precursors granted a certificate by the
competent authority;
b) Failure to conduct
sufficient tests and assessments of industrial explosive materials as
prescribed by law;
c) Manufacturing an
industrial explosive material or explosive precursor against the type specified
in the certificate of eligibility;
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4. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Researching into,
developing or testing an industrial explosive material without the permission
of the competent authority;
b) Manufacturing an
industrial explosive material or explosive precursor without a certificate of
eligibility for manufacture of industrial explosive materials or explosive
precursors issued by the competent authority;
c) Changing technology,
equipment, premises or factory for manufacture of industrial explosive
materials without the permission of the competent authority;
b) Failure to test or
deliberately falsifying the result of testing of an industrial explosive
material.
5. Additional penalties:
a) Confiscate the exhibit
for committing the administrative violation if any of the violations mentioned
in Clause 2, Point b Clause 4 and Points a and b Clause 4 of this Article is
committed;
b) Suspend the
certificate from 03 months to 06 months if the any of the violations in Point c
Clause 3 and Point c Clause 4 of this Article is committed;
c) Suspend the research
into or manufacture of the industrial explosive material from 03 months to 06
months if any of the violations in Points a and b Clause 4 of this Article is
committed.
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a) The violator is
compelled to restore the original condition which is changed by the violation
mentioned in Point c Clause 4 of this Article;
b) The violator is
compelled to implement remedial measures against the failure to ensure safety
during the manufacture, testing or assessment of industrial explosive materials
if any of the violations in Points a and b Clause 3 of this Article is
committed.
Article
53. Violations against regulations on storage of industrial explosive materials
and explosive precursors
1. A fine ranging from VND
500,000 to VND 2,000,000 shall be imposed for any one of the following
violations:
a) Failure to impose
internal rules and regulations on maintenance of security, safety and fire
safety in the warehouse of industrial explosive materials or explosive precursors;
b) Failure to put up
warning signs or instruction signs relevant to safety and fire safety in the
warehouse of industrial explosive materials or explosive precursors;
c) Failure to design and
post procedures for arranging, storing, releasing and receiving industrial
explosive materials or explosive precursors in the warehouse;
d) Failure to prepare a
logbook to record entry into and exit from the warehouse of industrial
explosive materials in a shift;
dd) Failure to record or
update entry into and exit from the warehouse of industrial explosive materials
in a shift or incorrect entry into and exit from the warehouse of industrial
explosive materials in a shift.
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a) Failure to develop a
plan to maintain security and order in the warehouse of industrial explosive
materials or explosive precursors as prescribed by law;
c) Failure to seal or
lock the warehouse of industrial explosive materials;
c) Failure to provide
insufficient number of security guards in the warehouse of industrial explosive
materials as prescribed by law.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Violating technical
regulations on safety of industrial explosive materials during their storage;
b) Failure to follow
procedures for releasing and receiving industrial explosive materials or
explosive precursors in the warehouse of industrial explosive materials or
explosive precursors;
c) Insufficiently
constructing and providing or incorrectly providing combat gears, vehicles or
works for protecting and guarding the warehouse of industrial explosive
materials or explosive precursors;
d) Failure to guard or protect
the area where industrial explosive materials are stored as prescribed.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
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b) Storing industrial
explosive materials in a quantity in excess of the limit specified the approved
design document;
c) Failure to store
industrial explosive materials for national reserve in the designated warehouse
or location;
d) Failure to adhere to
regulations of law on construction and management of quality of works or
technical regulations when investing in, constructing, expanding or renovating
a warehouse of industrial explosive materials;
dd) Deliberately
falsifying the receipt/release record or blasting passport with a view to
causing loss of industrial explosive materials.
5. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for any one of the following
violations:
a) Storing industrial
explosive materials or explosive precursors in a location or warehouse that
fails to satisfy construction, security, safety, fire safety, lightning
protection, static electricity control and environmental safety requirements in
accordance with regulations of law;
b) Losing explosive
materials due to failure to deploy security guards 24/24.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for losing industrial
explosive materials in the warehouse of industrial explosive materials.
7. Additional penalties:
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b) Suspend the license to
use industrial explosive materials from 06 months to 12 months if the violation
mentioned in Clause 6 of this Article is committed.
8. Remedial measures:
a) The violator is
compelled to adopt remedial measures against the failure to ensure safety
during the storage of industrial explosive materials; during the construction
and equipment of combat gears, vehicles and works for protecting and guarding
the warehouse of industrial explosive materials if any of the violations in
Points a and c Clause 3 of this Article is committed;
b) The violator is
compelled to move reserved industrial explosive materials to the designated
warehouse or location if any of the violations in Points a, b and c Clause 4
and Clause 5 of this Article is committed.
Article
54. Violations against regulations on transport of industrial explosive
materials and explosive precursors
1. A fine ranging from
VND 500,000 to VND 2,000,000 shall be imposed for failure to put up a sign
indicating the area where industrial explosive materials are loaded or
unloaded.
2. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to use any
symbol or sign when transporting industrial explosive materials;
b) Failure to deploy
security guards while loading or unloading industrial explosive materials.
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a) Failure to provide or
providing insufficient number of escorts when transporting industrial explosive
materials;
b) Failure develop a plan
for emergency response and safety assurance;
c) Stopping or parking a
vehicle that transports industrial explosive materials due to an emergency
without putting up a warning sign as prescribed;
d) Transferring
industrial explosive materials to another vehicle against regulations while
they are being transported on the road;
dd) Losing the license to
transport industrial explosive materials; failure to return the license to
transport industrial explosive materials after completing the transport on
schedule.
4. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Transporting the type
of the industrial explosive material or explosive precursor that is not
specified in the transport license or order;
b) Violating technical
regulations on safety of industrial explosive materials during their storage;
c) Using a vehicle that
fails to satisfy the standard for or technical regulation on safety during
industrial explosive material activity so as to transport industrial explosive
materials.
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a) Failure to transport
industrial explosive materials on the route specified in the transport license;
c) Stopping or parking a vehicle
that transports industrial explosive materials in prohibited locations;
c) Loading or unloading
industrial explosive materials in prohibited locations.
6. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for transporting industrial
explosive materials without a license to transport industrial explosive
materials.
7. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for losing industrial
explosive materials during their transport.
Article
55. Violations against regulations on sale of industrial explosive materials
and explosive precursors
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to sign a contract
to sell industrial explosive materials or explosive precursors as prescribed.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for refusing to re-purchase
the underused or unused industrial explosive materials from organizations
lawfully using industrial explosive materials when the latter wish to sell
them.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for releasing or receiving
industrial explosive materials for national reserve according to the type,
quantity, specifications and quality not specified in the nation reserve plan.
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a) Exporting or importing
an industrial explosive material or explosive precursor according to the type, quality
or quantity that is not specified in the license to export or import industrial
explosive materials or explosive precursors;
b) Selling an industrial
explosive material to an organization using industrial explosive materials
according to the type, quality or quantity that is not specified in the license
to use industrial explosive materials.
5. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for selling an industrial
explosive material to an organization without a license to use industrial
explosive materials or an organization with an expired license to use
industrial explosive materials or an organization whose operation has been
suspended or temporarily suspended by the competent authority or whose license
to use industrial explosive materials has been revoked.
6. Additional penalties:
Suspend the license to
sell industrial explosive materials from 18 months to 24 months if the
violation mentioned in Clause 5 of this Article is committed.
7. Remedial measures:
a) The violator is
compelled to transfer illegal benefits obtained from the violations mentioned
in Clauses 1 and 5 of this Article;
b) The violator is
compelled to remove or re-export the exhibit for committing administrative
violation mentioned in Clause 4 of this Article from Vietnam’s territory.
Article
56. Violations against regulations on use of industrial explosive materials and
provision of blasting services
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) The blasting passport
contains insufficient instructions; the blasting passport is not consistent
with the license to use industrial explosive materials or the approved blasting
plan;
b) Guards are not
deployed or symbols or warning signs are not put up at the blasting site;
c) The sequence of giving
blasting signals and completion signals is not registered or notified or
followed.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Violating technical
regulations on safety of industrial explosive materials during their use;
b) Failure to supervise
the impacts of blasting on the works and objects that need protection within
the affected area;
c) Failure to carry out
inspection before use or to carry out periodic inspections during use of
machinery and equipment subject to strict requirements for occupational safety
and hygiene.
4. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to prepare a
blasting passport; changing the type of an industrial explosive material,
blasting control method or using a quantity of industrial explosive materials
larger than the blast size specified in the blasting permit, blast design or
blasting plan that has been approved.
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a) Industrial explosive
materials are used when creating a design or the blasting design has not been
approved or permitted by the competent authority but mines are still blasted
within a residential area, health facility, area where historic and cultural
relics are available, natural reserves, works serving security and national
defense purposes or other national important works and other protected areas;
b) An industrial
explosive material that is not included it the list of industrial explosive
materials permitted for manufacture, sale and use in Vietnam is used.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any one of the following
violations:
a) Using industrial
explosive materials in a location that fails to satisfy security and safety
requirements;
b) Using an explosive
material without a license to use explosive materials or license to provide
blasting services or beyond the scope of the license or with an expired
license;
c) Failure to sell
underused or redundant industrial explosive materials that still meet quality
requirements to the seller of industrial explosive materials or failure to sell
underused or redundant explosive precursors to the organization manufacturing
or selling explosive precursors;
d) Purchasing industrial
explosive materials or explosive precursors from the entity not allowed to sell
industrial explosive materials or explosive precursors;
dd) Failure to move the
unused industrial explosive materials to the warehouse after the blasting is
done;
e) Losing industrial
explosive materials.
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a) Confiscate the exhibit
for committing the administrative violation specified in Point b Clause 5 of
this Article;
b) Suspend the license to
use industrial explosive materials from 06 months to 12 months if any of the violations
in Clause 4 and Point b Clause 5 of this Article is committed;
c) Suspend the license to
use industrial explosive materials from 18 months to 24 months if any of the
violations in Point d and Point dd Clause 6 of this Article is committed.
8. Remedial measures:
The violator is compelled
to restore the original condition which is changed by the violation mentioned
in Point a Clause 3 of this Article;
Article
57. Violations against regulations on inspection, testing and destruction of
industrial explosive materials
1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any one of the following
violations:
a) Failure to conduct
periodic testing of industrial explosive materials;
b) Failure to make a
record of destruction of the industrial explosive material that has been
degraded or is permitted for destruction as prescribed.
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a) Failure to destroy the
degraded industrial explosive materials;
b) Failure to notify the
competent authority of destruction of the industrial explosive materials.
3. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for violating the technical
regulation on safety of industrial explosive materials during the destruction
process.
4. Remedial measures:
The violator is compelled
to destroy the degraded industrial explosive material if the violation
mentioned in Point a Clause 2 of this Article is committed.
Chapter
III
POWER TO
IMPOSE ADMINISTRATIVE PENALTIES AND RECORD ADMINISTRATIVE VIOLATIONS
Article
58. The power to impose administrative penalties of Presidents of People's
Committees at all levels
1. Presidents of the
People’s Committees of communes have the power to:
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b) Impose a maximum fine
of VND 5,000,000;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Presidents of the
People’s Committees of districts have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for administrative violations against regulations on
chemicals; of VND 50,000,000 for administrative violations against regulations
on industrial explosive materials;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture or
sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
dd) Enforce the remedial
measures mentioned in Points a, c, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
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a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 100,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
Article
59. The power to impose administrative penalties of inspectors
1. Inspectors and persons
assigned to carry out specialized inspections of chemicals and industrial
explosive materials have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000;
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d) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Chief Inspectors of
Provincial Departments of Industry and Trade, Chief Inspectors of Provincial
Departments of Health, Chief Inspectors of Provincial Departments of
Agriculture and Rural Development, Directors of Sub-departments of Plant
Protection, Animal Health and Fisheries affiliated to Provincial Departments of
Agriculture and Rural Development; chiefs of inspectorates of specialized
agencies of the Vietnam Chemicals Agency, Industrial Safety Techniques and
Environment Agency, Health Environment Management Agency, Directorate of
Fisheries, Department of Animal Health and Department of Plant Protection;
chiefs of inspectorates of specialized agencies of Provincial Departments of
Industry and Trade, Provincial Departments of Health, Provincial Departments of
Health and Provincial Departments of Agriculture and Rural Development have the
power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 50,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the exhibits
and instrumentalities used for administrative violation commission whose value
does not exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
3. The chiefs of
inspectorates of specialized agencies of the Ministry of Industry and Trade,
Ministry of Health and Ministry of Agriculture and Rural Development have the
power to:
a) Issue warnings;
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c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
4. Chief Inspector of
Ministry of Industry and Trade, Chief Inspector of Ministry of Health, Director
of Vietnam Chemicals Agency, Director of Industrial Safety Techniques and
Environment Agency, Director of Health Environment Management Agency; Chief Inspectors
of Ministry of Agriculture and Rural Development, Ministry of Transport,
Ministry of Science and Technology, Ministry of Natural Resources and
Environment and Ministry of Information and Communications; Director General of
Directorate of Fisheries, Director General of the Directorate for Roads of
Vietnam, Director General of Directorate for Standards, Metrology and Quality,
Director General of Vietnam Environment Administration; Director of Department
of Animal Health, Director of Department of Plant Protection, Director of
Vietnam Railway Authority, Director of Vietnam Inland Waterways Administration,
Director of Vietnam Maritime Administration, Director of Civil Aviation
Authority of Vietnam, Director of Vietnam Agency for Radiation and Nuclear Safety,
Director of Vietnam Telecommunications Authority, Director of Authority for
Broadcasting and Electronic Information, Director of Press Department, Director
of Authority of Publication, Printing and Distribution, Director of Drug
Administration of Vietnam, Director General of General Department of Preventive
Medicine and holders of equivalent positions are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for administrative violations against regulations on chemicals;
a maximum fine of VND 100,000,000 for administrative violations against
regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to manufacture
or sell conditional industrial chemicals; licenses to manufacture or sell
industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities for committing administrative violations;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
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1. Soldiers of People's
Public Security Force in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000;
2. Captains of police
stations and leaders 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. Chiefs of police
authorities of communes, chiefs of police stations and chiefs of police
stations of border checkpoints and export-processing zones are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2,500,000;
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d) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. Chiefs of police
authorities of districts; chiefs of specialized divisions affiliated to the
Traffic Police Department; chiefs of provinces’ public security, including
chiefs of Social Order Divisions, Social Order-related Crime Investigation
Divisions, Corruption, Economy and Smuggling-related Crime Investigation
Divisions, Drug Enforcement Divisions, Traffic Police Divisions, Road and Rail
Traffic Police Divisions, Road Traffic Police Divisions; chiefs of Internal
Waterways Police Divisions, Environmental Crime Divisions, Fire Safety and
Rescue Divisions, Immigration Divisions and Economic Security Divisions are
entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 20,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
5. Directors of
provincial police authorities are entitled to:
a) Issue warnings;
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c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial
measures mentioned in Points a, c, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
6. Directors General of
Economic Security Agency, Social Order Agency, Social Order-related Crime
Investigation Agency, Corruption, Economy and Smuggling-related Crime
Investigation Agency, Drug Enforcement Agency, Traffic Police Department, Fire
Safety and Rescue Agency, Environmental Crime Agency and Immigration Department
are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 100,000,000 for administrative violations against
regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities for committing administrative violations;
dd) Enforce the remedial
measures mentioned in Points a, c, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
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1. Customs officials in
the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000.
2. Team leaders of
Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are
entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 5,000,000.
3. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, customs
procedures team leaders, leaders of customs control teams at sea and leaders of
intellectual property right protection teams of the Smuggling Investigation and
Prevention Department of the General Department of Customs are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000;
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d) Enforce the remedial
measures mentioned in Points d, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
4. Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs, Directors of Customs
Departments of provinces are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities used for administrative violation commission whose
value does not exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial
measures mentioned in Points d, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
5. Director General of
General Department of Customs is entitled to:
a) Issue warnings;
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c) Confiscate the
exhibits and instrumentalities for committing administrative violations;
d) Enforce the remedial
measures mentioned in Points d, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
Article
62. The power to impose administrative penalties of market surveillance
authorities
1. Market surveillance
officials in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000.
2. Leaders of market
surveillance teams of districts are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000;
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d) Enforce the remedial
measures mentioned in Points a, dd, e, h and i Clause 1 Article 28 of the Law
on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
3. Directors of
Provincial Market Surveillance Departments affiliated
to the Vietnam Directorate of Market Surveillance are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000;
c) Confiscate the exhibits
and instrumentalities used for administrative violation commission whose value
does not exceed the fine mentioned in Point b of this Clause;
d) Suspend operations for
a fixed period or suspend certificates of eligibility to manufacture or sell
conditional industrial chemicals; licenses to manufacture or sell industrial
chemicals restricted from manufacture and sale; licenses to manufacture
Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and DOC-PSF
chemicals; licenses to use industrial explosive materials or explosive
precursors;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
4. Director of Market Surveillance
Operations Department affiliated to Vietnam Directorate of Market Surveillance
has the power to impose penalties specified in Clause 3 of this Article.
5. Director General of
Vietnam Directorate of Market Surveillance is entitled to:
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b) Impose a maximum fine
of VND 50,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 100,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Confiscate the exhibits
and instrumentalities for committing administrative violations;
d) Suspend operations for
a fixed period or suspend certificates of eligibility to manufacture or sell
conditional industrial chemicals; licenses to manufacture or sell industrial
chemicals restricted from manufacture and sale; licenses to manufacture
Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and DOC-PSF
chemicals; licenses to use industrial explosive materials or explosive
precursors;
dd) Enforce the remedial
measures mentioned in Points a, c, d, dd, e, h and i Clause 1 Article 28 of the
Law on Penalties for Administrative Violations and Clause 3 Article 3 of this
Decree.
Article
63. The power to impose administrative penalties of the Border Guard
1. The border guard soldiers
in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000.
2. Captains of border
guard stations and leaders of border guard soldiers are entitled to:
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b) Impose a maximum fine
of VND 2,500,000.
3. Captains of
border-guard posts, commanders of border-guard flotillas, commanders of
border-guard sub-zones, and commanders of border guards at checkpoints are
entitled to:
a) Issue warnings;
b) Impose a maximum fine of
VND 10,000,000 for administrative violations against regulations on chemicals;
a maximum fine of VND 20,000,000 for administrative violations against
regulations on industrial explosive materials;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
4. Commanders of
provincial border guards, and commanders of coastal guard fleets affiliated to
the Border Guard High Command are entitled to:
a) Issue warnings;
b) Impose a maximum fine of
VND 50,000,000 for administrative violations against regulations on chemicals;
a maximum fine of VND 100,000,000 for administrative violations against
regulations on industrial explosive materials;
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d) Confiscate the
exhibits and instrumentalities for committing administrative violations;
dd) Enforce the remedial
measures mentioned in Points a, c, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
Article
64. The power to impose administrative penalties of the Vietnam Coast Guard
1. Coast guard officers
in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 1,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 1,500,000 for administrative violations
against regulations on industrial explosive materials;
2. Coastguard team
leaders are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2,500,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 5,000,000 for administrative violations
against regulations on industrial explosive materials;
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a) Issue warnings;
b) Impose a maximum fine
of VND 5,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 10,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Enforce the remedial
measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. Commanders of
coastguard platoons are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 20,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial
measures mentioned in Points a, c, d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
5. Commanders in chief of
coastguard squadrons are entitled to:
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b) Impose a maximum fine
of VND 15,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 30,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial
measures mentioned in Points a, c, d and dd Clause 1 Article 28 of the Law on Penalties
for Administrative Violations and Clause 3 Article 3 of this Decree.
6. Commanders of regional
coastguard command centers are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 50,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial
measures mentioned in Points a, c, d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
7. Commander of Vietnam
Coast Guard is entitled to:
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b) Impose a maximum fine
of VND 50,000,000 for administrative violations against regulations on
chemicals; a maximum fine of VND 100,000,000 for administrative violations
against regulations on industrial explosive materials;
c) Suspend violators’
operation for a fixed period or suspend certificates of eligibility to
manufacture or sell conditional industrial chemicals; licenses to manufacture
or sell industrial chemicals restricted from manufacture and sale; licenses to
manufacture Schedule 1, Schedule 2, Schedule 3 chemicals, DOC chemicals and
DOC-PSF chemicals; licenses to use industrial explosive materials or explosive
precursors;
d) Confiscate the
exhibits and instrumentalities for committing administrative violations;
dd) Enforce the remedial
measures mentioned in Points a, c, d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clause 3 Article 3 of this Decree.
Article
65. Distribution of power to impose administrative penalties of
Presidents of People’s Committees, inspectors, People's Public Security Force,
customs, market surveillance authorities, Border Guard and Vietnam Coast Guard
1. The power to impose
administrative penalties of Presidents of People's Committees at all levels:
a) Presidents of People’s
Communes of communes are entitled to impose penalties for the violations
mentioned in Clause 1 Article 5; Clause 1 Article 14; Article 21; Article 43;
Clause 1 Article 53; Clauses 1 and 2 Article 54; Clause 1 Article 56 of this
Decree that are committed locally;
b) Presidents of People’s
Communes of districts are entitled to impose penalties for the violations
mentioned in Clauses 1 and 2 Article 5; Clauses 1, 2 and 3 Article 8; Articles
9 and 10; Clause 1 Points a, b, c and d Clause 2, Clauses 3, 4, 5, 6 and 7
Article 11; Articles 12, 13, 14, 15, 16, 17 and 18; Article 21; Articles 30 and
31; Article 37; Clauses 1 and 2 Points a, b, c, d and dd Clause 3, Points a, b,
c, d and dd Clause 4, Clause 5 Article 38; Articles 39, 40 and 41; Articles 43,
44, 48 and 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2, 3 and 4 Article 53;
Clauses 1, 2, 3, 4 and 5 Article 54; Clauses 1, 2 and 3 Article 55; Clauses 1,
2, 3 and 4 Article 56 and Article 57 of this Decree that are committed locally;
c) Presidents of People’s
Committees of provinces have the power to impose penalties for the violations
mentioned in Chapter II hereof that are committed locally.
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a) Inspectors and persons
assigned to carry out specialized inspections of chemicals are entitled to
impose penalties for the administrative violations specified in Clauses 1 and 2
Article 21 and Article 36 of this Decree;
b) Chief Inspectors of
Provincial Departments of Industry and Trade and chiefs of inspectorates of
specialized agencies of Provincial Departments of Industry and Trade are
entitled to impose penalties for the administrative violations mentioned in
Articles 5, 6, 7, 8, 9 and 10; Clause 1 Points a, b, c and d Clause 2, Clause
3, 4, 5, 6 and 7 Article 11; Articles 12, 13, 14, 15, 16, 17 and 18; Clause 1
and Points a and b Clause 2 Article 19; Articles 20, 21, 22, 23, 24, 25, 26,
27, 28, 29, 30 and 31; Clause 1 and Points a and b Clause 2 Article 32; Article
33; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 49 and 50; Clauses 1, 2 and
3 Article 51; Clauses 1, 2 and 3 Article 52; Clauses 1, 2, 3 and 4 Article 53;
Clauses 1, 2, 3, 4 and 5 Article 54; Clauses 1, 2, 3 and 4 Article 55; Clauses
1, 2, 3 and 4 Article 56 and Article 57 of this Decree;
c) Chief Inspectors of
Provincial Departments of Health, chiefs of inspectorates of specialized
agencies of Health Environment Management Agency and chiefs of inspectorates of
specialized agencies of Provincial Departments of Health are entitled to impose
penalties for the administrative violations against regulations on health,
chemicals for use in domestic and medical germicides or insecticides,
pharmaceuticals and food additives that are mentioned in Articles 14, 15, 22,
23, 24, 25, 26, 27, 28 and 29 of this Decree; the administrative violations
mentioned in Article 37; Clauses 1 and 2 Points a, b, c, d and dd Clause 4,
Clause 5 Article 38; Articles 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 of this
Decree;
b) Chiefs of inspectorates
of specialized agencies of the Vietnam Chemicals Agency are entitled to impose
penalties for the administrative violations mentioned in Articles 5, 6, 7, 8, 9
and 10; Clause 1 Points a, b, c and d Clause 2, Clauses 3, 4, 5, 6 and 7
Article 11; Articles 12, 13, 14, 15, 16, 17 and 18; Clause 1 and Points a and b
Clause 2 Article 19; Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and
31; Clause 1 and Points a and b Clause 2 Article 32; Article 33; Clauses 1, 2
and 3 Article 34; Articles 35 and 36 of this Decree; the administrative
violations against regulations in sale, export or import of explosive
precursors, export or import of industrial explosive materials that are
mentioned in Points b, d and dd Clause 1, Clause 2, Points b, c and d Clause 3
Article 49; Article 50; Point a Clause 2, Clause 3 Article 51; Clauses 1, 2 and
3 Article 53; Clauses 1, 2, 3 and 4 Article 55 of this Decree;
dd) Chiefs of
inspectorates of specialized agencies of the Industrial Safety Techniques and Environment
Agency are entitled to impose penalties for the administrative violations
mentioned in Article 5; Article 8; Article 11; Articles 14 and 15; Clause 1
Article 30; Articles 49 and 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2 and
3 Article 52; Clauses 1, 2, 3 and 4 Article 53; Clauses 1, 2, 3, 4 and 5
Article 54; Clauses 1, 2, 3 and 4 Article 55; Clauses 1, 2, 3 and 4 Article 56
and Article 57 of this Decree;
e) Chief Inspectors of
Provincial Departments of Industry and Trade, Directors of Sub-departments of
Plant Protection, Animal Health and Fisheries affiliated to Provincial
Departments of Agriculture and Rural Development; chiefs of inspectorates of
specialized agencies of the Directorate of Fisheries, Department of Animal
Health and Department of Plant Protection; chiefs of inspectorates of
specialized agencies of Provincial Departments of Agriculture and Rural
Development are entitled to impose penalties for the administrative violations
against regulations on cultivation, husbandry, aquaculture, animal health,
plant protection and processing of agriculture, forest and fishery products and
foods that are mentioned in Articles 14, 15, 22, 23, 24, 25, 26, 27, 28 and 29
of this Decree;
g) Chiefs of
inspectorates of agencies in charge of specialized inspections of chemicals
that are affiliated to the Ministry of Industry and Trade are entitled to
impose penalties for the administrative violations mentioned in Articles 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18; Clause 1 and Points a, b and c
Clause 2 Article 19; Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and
31; Clause 1 and Points a, b and c Clause 2 Article 32; Articles 33, 34, 35 and
36 of this Decree;
h) Chiefs of
inspectorates of specialized agencies of the Ministry of Health are entitled to
impose penalties for the administrative violations against regulations on
health, chemicals for use in domestic and medical germicides or insecticides,
pharmaceuticals and food additives that are mentioned in Articles 14, 15, 22,
23, 24, 25, 26, 27, 28 and 29 of this Decree; the administrative violations
mentioned in Article 37; Clauses 1 and 2 Points a, b, c, d, dd and e Clause 4,
Clause 5 Article 38; Articles 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 of this
Decree;
i) Chiefs of inspectorates
of specialized agencies of the Ministry of Agriculture and Rural Development
are entitled to impose penalties for the administrative violations against
regulations on cultivation, husbandry, aquaculture, animal health, plant
protection and processing of agriculture, forest and fishery products and foods
that are mentioned in Articles 14, 15, 22, 23, 24, 25, 26, 27, 28 and 29 of
this Decree;
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l) Chief Inspector of
Ministry of Industry and Trade is entitled to impose penalties for the
administrative violations mentioned in Sections 1, 2, 3, 4, 5, 6, 7, 8 and 10
Chapter II of this Decree;
m) Chief Inspector of
Ministry of Health and Director of Health Environment Management Agency are
entitled to impose penalties for the administrative violations against regulations
on health, chemicals for use in domestic and medical germicides or
insecticides, pharmaceuticals and food additives that are mentioned in Articles
14, 15, 22, 23, 24, 25, 26, 27, 28 and 29 of this Decree; the administrative
violations mentioned in Section 9 Chapter II of this Decree;
n) Director of Vietnam
Chemicals Agency is entitled to impose penalties for the administrative
violations mentioned in Sections 1, 2, 3, 4, 5, 6, 7 and 8 Chapter II of this
Decree; the administrative violations against regulations on sale, export or
import of explosive precursors, export or import of industrial explosive
materials that are mentioned in Points b, d and dd Clause 1, Clause 2, Points
b, c and d Clause 3 Article 49; Article 50; Point a Clause 2, Clause 3 Article
51; Clauses 1, 2, 3, 5 and 6 Article 53; Article 55 of this Decree;
o) Director of Industrial
Safety Techniques and Environment Agency is entitled to impose penalties for
the administrative violations mentioned in Article 5; Article 8; Article 11;
Articles 14 and 15; Clause 1 Article 30 of this Decree; the administrative
violations mentioned in Section 10 Chapter II of this Decree;
p) Chief Inspector of the
Ministry of Agriculture and Rural Development, Director General of Directorate
of Fisheries, Director of Department of Animal Health and Director of Plant
Protection are entitled to impose penalties for the administrative violations
against regulations on cultivation, husbandry, aquaculture, animal health,
plant protection and processing of agriculture, forest and fishery products and
foods that are mentioned in Articles 14, 15, 22, 23, 24, 25, 26, 27, 28 and 29
of this Decree;
q) Chief Inspectors of
Ministry of Transport, Ministry of Science and Technology, Ministry of Natural
Resources and Environment and Ministry of Information and Communications;
Directors General of Directorate for Roads of Vietnam, Directorate for
Standards, Metrology and Quality and Vietnam Environment Administration;
Director of Vietnam Railway Authority, Director of Vietnam Inland Waterways
Administration, Director of Vietnam Maritime Administration, Director of Civil
Aviation Authority of Vietnam, Director of Vietnam Agency for Radiation and
Nuclear Safety, Director of Vietnam Telecommunications Authority, Director of
Authority for Broadcasting and Electronic Information, Director of Press
Department, Director of Authority of Publication, Printing and Distribution,
Director of Drug Administration of Vietnam, Director General of the General
Department of Preventive Medicine and holders of equivalent positions are
entitled to impose penalties for administrative violations mentioned in Chapter
II of this Decree as prescribed in Clause 4 of Article 59 and within their
jurisdiction.
3. The power to impose
administrative penalties of People's Public Security Force
a) Soldiers of People's
Public Security Force in the performance of their duty are entitled to
impose penalties for the administrative violations mentioned in Clauses 1 and 2
Article 21 of this Decree;
b) Captains of police
stations and leaders of the persons mentioned in Clause 1 of this Article is
entitled to impose penalties for the administrative violations mentioned in
Article 21; Clause 1 Article 23; Clause 1 Article 31 of this Decree;
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d) Chiefs of police
authorities of districts; chiefs of specialized divisions affiliated to the
Traffic Police Department; chiefs of provinces’ public security, including
chiefs of Social Order Divisions, Social Order-related Crime Investigation
Divisions, Corruption, Economy and Smuggling-related Crime Investigation
Divisions, Drug Enforcement Divisions, Traffic Police Divisions, Road and Rail
Traffic Police Divisions, Road Traffic Police Divisions; chiefs of Internal
Waterways Police Divisions, Environmental Crime Divisions, Fire Safety and
Rescue Divisions, Immigration Divisions and Economic Security Divisions are
entitled to impose penalties for the administrative violations mentioned in
Clauses 1 and 2 Article 5; Clause 1 Article 6; Article 7; Clauses 1, 2 and 3
Article 8; Article 9; Points a and b Clause 1, Point a Clause 2, Clauses 3, 4,
5 and 6 Article 11; Article 12; Clause 1 Article 13; Clause 1 Article 14;
Article 15; Clauses 1, 3 and 4 Article 16; Clauses 1 and 3 Article 17; Clause 1
Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article 23; Clause
1 Article 26; Points a and b Clause 1 Article 27; Clauses 1 and 2 Article 30;
Clauses 1 and 3 Article 31; Clause 1 Article 32; Articles 35 and 37; Clauses 1,
2 and 5 Article 38; Articles 39 and 40; Clauses 1 and 3 Article 41; Clause 1
Article 42; Articled 43 and 44; Clause 1 Article 45; Points a, b and dd Clause
1, Clauses 2 and 3 Article 49; Clause 1 Article 50; Clause 1 Article 51; Clause
1 Article 52; Clauses 1 and 2 Article 53; Clauses 1, 2 and 3 Article 54; Clause
2 Article 55; Clauses 1 and 2 Article 56; Clauses 1 and 2 Article 57 of this
Decree as prescribed in Clause 4 Article 60 and within their jurisdiction;
dd) Directors of
provincial police authorities are entitled to impose penalties for the
administrative violations mentioned in Articles 5, 6, 7, 8, 9 and 10; Clause 1
Points a, b, c and d Clause 2, Clause 3, 4, 5, 6 and 7 Article 11; Articles 12,
13, 14, 15, 16, 17 and 18; Clause 1 and Points a and b Clause 2 Article 19;
Articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31; Clause 1 and Points
a and b Clause 2 Article 32; Article 33; Clauses 1, 2 and 3 Article 34;
Articles 35, 36, 49 and 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2 and 3
Article 52; Clauses 1, 2, 3 and 4 Article 53; Clauses 1, 2, 3, 4 and 5 Article
54; Clauses 1, 2 and 3 Article 55; Clauses 1, 2, 3 and 4 Article 56 and Article
57 of this Decree;
e) Directors General of
Economic Security Agency, Social Order Agency, Social Order-related Crime
Investigation Agency, Corruption, Economy and Smuggling-related Crime
Investigation Agency, Drug Enforcement Agency, Traffic Police Department, Fire
Safety and Rescue Agency, Environmental Crime Agency and Immigration Department
are entitled to impose penalties for the administrative violations mentioned in
Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18; Clause 1 Article
19; Clauses 1, 2 and 3 Article 20; Article 21; Clauses 1, 3 and 4 Article 23;
Articles 26, 27, 30 and 31; Clause 1 Article 32; 35, 37; Clauses 1, 2 and 5
Article 38; Articles 39 and 40; Clauses 1 and 3 Article 41; Clause 1 Article
42; Articles 43, 44, 45 and 48; Points a, b and dd Clause 1, Clauses 2, 3, 4
and 5 Article 49; Articles 50, 51, 52 and 53; Clauses 1, 2, 3 and 5 Article 55;
Articles 56 and 57 of this Decree as prescribed in Clause 6 Article 60 and
within their jurisdiction.
4. The power to impose
administrative penalties of the customs
a) Team leaders of
Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are
entitled to impose penalties for the administrative violations mentioned in
Clause 1 Article 24 and Clause 1 Article 42 of this Decree;
b) Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, customs
procedures team leaders, leaders of customs control teams at sea and leaders of
intellectual property right protection teams of the Smuggling Investigation and
Prevention Department of the General Department of Customs are entitled to
impose penalties for the administrative violations mentioned in Clause 1 and
Points a and b Clause 2 Article 19; Clause 4 Article 20; Clauses 1, 2, 5 and 6
Article 24; Clause 1 and Points a and b Clause 2 Article 32; Clause 1 Article
42 of this Decree;
c) Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs, Directors of Customs
Departments of provinces are entitled to impose penalties for the
administrative violations mentioned in Article 19; Clause 4 Article 20; Article
24; Article 32; Article 42; Clause 3 and Point a Clause 4 Article 55 of this
Decree;
d) Director General of
General Department of Customs is entitled to impose penalties for the
administrative violations mentioned in Article 19; Clause 4 Article 20; Clauses
1, 2, 5 and 6 Article 24; Article 32; Clause 1 Article 42; Clause 3 and Point a
Clause 4 Article 55 of this Decree.
5. The power to impose
administrative penalties of market surveillance authorities
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dd) Leaders of market
surveillance teams in the performance of their duty are entitled to impose
penalties for the administrative violations mentioned in Clauses 1 and 2 Article
5; Clauses 1 and 2 Article 8; Article 12; Clause 1, Point b Clause 3 Article
13; Clause 1 Point b Clause 2, Clauses 4 and 6 Article 16; Clause 1, Point b
Clause 2, Clauses 4 and 6 Article 17; Clause 1 Article 19; Clauses 1, 2 and 3
Article 20; Articles 21, 22 and 23; Clause 1, Point b Clause 2, Clause 4
Article 31; Clause 1 Article 32; Clause 3 Article 37; Clause 5 Article 38;
Clauses 1 and 3 Article 41; Clause 1 Article 42; Clause 2 Article 43; Article
44, 45 and 48; Clause 1 Article 52; Clauses 1 and 2 Article 53; Clauses 1, 2
and 3 Article 54; Clauses 1 and 2 Article 55 of this Decree;
c) Directors of
Provincial Market Surveillance Departments affiliated
to the Vietnam Directorate of Market Surveillance are entitled to impose penalties for the administrative
violations mentioned in Articles 5, 6, 7, 8, 10, 12, 13, 16, 17, 18, 19, 20,
21, 22, 23, 30, 31, 32 and 37; Clauses 3, 4 and 5 Article 38; Articles 39, 41,
42, 43, 44, 45 and 48; Points a and b Clause 2, Clause 3 Article 51, Clause 1
and Points a, c and d Clause 3 Article 52; Clauses 1, 2, 3 and 4 Article 53;
Clauses 1,2,3,4 and 5 Article 54; Clauses 1, 2, 3 and 4 Article 55 of this
Decree;
d) Director of Market
Surveillance Operations Department affiliated to Vietnam Directorate of Market
Surveillance is entitled to impose penalties for the administrative violations
mentioned in Articles 5, 6, 7, 8, 10, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23,
30, 31, 32 and 37; Clauses 3, 4 and 5 Article 38; Articles 39, 41, 42, 43, 44,
45 and 48; Points a and b Clause 2, Clause 3 Article 51, Clause 1 and Points a,
c and d Clause 3 Article 52; Clauses 1, 2, 3 and 4 Article 53; Clauses 1,2,3,4
and 5 Article 54; Clauses 1, 2, 3 and 4 Article 55 of this Decree;
dd) Directors of
Provincial Market Surveillance Departments affiliated to the Vietnam
Directorate of Market Surveillance are entitled to impose penalties for the
administrative violations mentioned in Articles 5, 6, 7, 8, 10, 12, 13, 16, 17,
18, 19, 20, 21, 22, 23, 30, 31, 32 and 37; Clauses 3, 4 and 5 Article 38; Articles
39, 41, 42, 43, 44, 45 and 48; Points a and b Clause 2, Clause 3, Point a
Clause 4 Article 51, Clause 1 and Points a, c and d Clause 3 Article 52;
Articles 53, 54 and 55 of this Decree.
6. The power to impose
administrative penalties of the Border Guard
a) The border guard
soldiers in the performance of their duty are entitled to impose penalties for
the administrative violations mentioned in Clauses 1 and 2 Article 21 of this
Decree;
b) Captains of border
guard stations and leaders of border guard soldiers are entitled to impose
penalties for the administrative violations mentioned in Article 21; Clause 1
Article 23; Clause 1 Article 31; Clause 1 Article 42; Clause 1 Article 54 of
this Decree;
c) Captains of
border-guard posts, commanders of border-guard flotillas, commanders of
border-guard sub-zones, and commanders of border guards at checkpoints are
entitled to impose penalties for the administrative violations mentioned in
Clauses 1, 2 and 3 Article 8; Clauses 1 and 4 Article 16; Clause 1 Article 17;
Clause 1 Article 19; Article 21; Clause 1 Article 23; Clause 1 Article 31;
Clause 1 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article
44; Clause 1 Article 51; Clauses 1, 2 and 3 Article 54; Clause 2 Article 55 of
this Decree;
d) Commanders of
provincial border guards, and commanders of coastal guard fleets affiliated to
the Border Guard High Command are entitled to impose penalties for the
administrative violations mentioned in Articles 8, 16 and 17; Clause 1 Article
19; Article 21; Clauses 1, 3 and 4 Article 23; Article 31; Clause 1 Article 32;
Clauses 1 and 3 Article 41; Clause 1 Article 42; Articles 44, 51 and 54;
Clauses 1, 2 and 3 Article 55 of this Decree.
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a) Coast guard officers
in the performance of their duty are entitled to impose penalties for the
administrative violations mentioned in Article 21; Clause 1 Article 23; Clause
1 Article 31; Clause 1 Article 42 of this Decree;
b) Coastguard team leaders
are entitled to impose penalties for the administrative violations mentioned in
Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1 Article 42;
Clauses 1 and 2 Article 54; Clause 1 Article 56 of this Decree;
c) Coastguard squad
leaders and captains of coastguard stations are entitled to impose penalties
for the administrative violations mentioned in Clauses 1 and 2 Article 8;
Clauses 1 and 2 Article 12; Clause 1 Article 16; Clause 1 Article 17; Clause 1
Article 20; Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1
Article 41; Clause 1 Article 42; Articles 43 and 44; Clauses 1, 2 and 3 Article
54; Clauses 1 and 2 Article 56 of this Decree;
d) Commanders of
coastguard platoons are entitled to impose
penalties for the administrative violations mentioned in Clauses 1, 2 and 3
Article 8; Article 12; Clause 1 Article 13; Clause 1 Point a Clause 2, Clause 3
Article 15; Clauses 1 and 4 Article 16; Clause 1 Article 17; Clause 1 and Point
a Clause 2 Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article
23; Clause 1 Article 31; Clause 1 and Point a Clause 2 Article 32; Clauses 1
and 3 Article 41; Clause 1 Article 42; Articles 43 and 44; Clause 1 Article 51;
Clauses 1, 2 and 3 Article 54; Clause 2 Article 55; Clauses 1 and 2 Article 56
of this Decree;
dd) Commanders in chief
of coastguard squadrons are entitled to impose
penalties for the administrative violations mentioned in Articles 8 and 12;
Clauses 1 and 2 Article 13; Clause 1 Point a Clause 2, Clause 3 Article 15;
Clauses 1, 2, 3, 4 and 5 Article 16; Clauses 1, 2, 3 and 4 Article 17; Article
18; Clause 1 and Point a Clause 2 Article 19; Clauses 1, 2 and 3 Article 20;
Article 21; Clauses 1 and 3 Article 23; Clause 1 Article 31; Clause 1 and Point
a Clause 2 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42:
Articles 43 and 44; Clause 1 Article 51; Clauses 1, 2, 3 and 4 Article 54;
Clauses 2 and 3 Article 55; Clauses 1, 2 and 3 Article 56 of this Decree;
e) Commanders of regional
coastguard command centers are entitled to impose penalties for the
administrative violations mentioned in Articles 8, 12 and 13; Clause 1, Point a
Clause 2, Clause 3 Article 15; Clauses 1 and 4, Article 16; Clauses 1 and 4
Article 17; Clause 1 and Points a and b Clause 2 Article 19; Articles 20 and
21; Clauses 1, 3 and 4 Article 23; Clause 1 Article 31; Clause 1 and Points a
and b Clause 2 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42;
Articles 43 and 44; Points b, c and d Clause 1 Article 48; Clauses 1 and 3
Article 51; Clauses 1, 2, 3, 4 and 5 Article 54; Clauses 2, 3 and 4 Article 55;
Clauses 1, 2 and 3 Article 56 of this Decree;
g) Commander of Vietnam
Coast Guard is entitled to impose penalties for the administrative violations
mentioned in Article 8, 12, 13 and 15; Clauses 1, 3, 4 and 5 Article 16;
Clauses 1, 3, 4 and 5 Article 17; Articles 19, 20 and 21; Clauses 1, 3 and 4
Article 23; Clauses 1 and 3 Article 31; Articles 32 and 39; Clauses 1 and 3
Article 41; Articles 42, 43 and 44; Points b, c and d Clause 1 Article 48; Clause
1 Points b and c Clause 2, Clause 3, Clause 4 Article 51; Article 54; Clauses
2, 3 and 4 Article 55; Article 56 of this Decree.
Article
66. The power to record administrative violations
1. The persons having the
power to impose administrative penalties mentioned in Articles 58, 59, 60, 61,
62, 63 and 64 of this Decree
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3. Persons in command of
aircraft, shipmasters and trainmasters shall make records of administrative
violations committed on the aircraft, ships and trains.
Chapter
IV
IMPLEMENTATION
CLAUSE
Article
67. Transitional clauses
1. If any of the
administrative violations against regulations on chemicals and industrial explosive
materials that is committed before the effective date of this Decree and
discovered afterwards or under consideration, the Government’s Decrees on
penalties for administrative violations that are in effect at the time of
commission shall apply. If this Decree does not contain legal liability or
impose a less serious legal liability on a violation which has been committed,
regulations hereof shall apply.
2. Regarding decisions on
penalties for administrative violations issued or implemented before the
effective date of this Decree, if the penalized entities still lodge
complaints, regulations of the Law on Penalties for Administrative Violations,
Government’s Decree No. 163/2013/ND-CP dated November 12, 2013 and Decree No.
115/2016/ND-CP dated July 08, 2016 shall apply.
Article
68. Effect
1. This Decree comes into
force from October 15, 2019.
2. This Decree supersedes
the Government’s Decree No. 163/2013/ND-CP dated November 12, 2013 and Decree
No. 115/2016/ND-CP dated July 08, 2016.
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Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities shall organize the
implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc