Nghị định 163/2013/NĐ-CP về xử phạt VPHC trong lĩnh vực hóa chất, phân bón

THE GOVERNMENT

Decree No. 163/2013/ND-CPdated November 12, 2013 of the Government on penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2013;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Ordinance No. 16/2011/UBTVQH12dated June 30, 2011 of 12thStanding Committee of the National Assembly on the management and use of weapons, explosives and combat gears;

Pursuant to the Government s Decree No. 100/2005/ND-CPdated August 03, 2005 on the implementation of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

Pursuant to the Government s Decree No. 113/2003/ND-CPdated October 07, 2003 on management of manufacture and sale of fertilizers; the Government s Decree No.191/2007/ND-CPdated December 31, 2007 on amendments to the Decree No. 113/2003/ND-CP;

Pursuant to the Government s Decree No.39/2009/ND-CPdated April 23, 2009 on industrial explosives;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree on Penalties forAdministrativeViolations pertaining to chemicals, fertilizers and industrial explosives,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with the administrative violations, penalties, fines, and remedial measures; the power to impose administrative penalties and make records on administrative violations pertaining to chemicals, fertilizers, and industrial explosives.

2.For the administrative violations pertaining tochemicals, fertilizers and industrial explosivesthat are not mentioned in this Decree, the regulations in corresponding Decrees shall apply.

Article 2. Entities that incur administrative penalties

1.Vietnamese organizations and individuals that commitadministrative violations pertaining to chemicals, fertilizers and industrial explosiveswithin the territory of Socialist Republic of Vietnam.

2.The foreign organizations and foreignersthat commit administrative violations pertaining to chemicals, fertilizers and industrial explosives within the territory of Socialist Republic of Vietnam, unless otherwise prescribed in International Agreements to which Vietnam is a signatory.

Article 3. Remedial measures

Apart from the primary penalties and additional penalties, the organizations and individuals that commit administrative violations (hereinafter referred to as violators) must take one or some of the following remedial measures:

1.Removing from Vietnam or destroying the hazardous chemicals; destroying the electric products, electronic products, textile and garment products that exceeds the permissible limits on harmful chemicals.

2.Destroying the fertilizers that threaten the health of human, animals, plants, and the environment.

3.Taking samples, retest the quality of fertilizers if the regulations on sampling, quality inspection and certification are not complied with.

4.Re-conduct the experiment, rectify or cancel the result of fertilizer experiment if the experiment procedure is not followed or the result is not truthful.

5.Restoring the initial condition; eliminate unsafe factors in the process of manufacture of industrial explosives.

6.Moving the spare industrial explosives to proper storage or places.

Article 4. Fines and the power to impose fines

1.The maximum fine incurred by a individual that commits violations pertaining to chemicals in Chapter II of this Decree, is VND 50,000,000. The fine for the same violation committed by an organization is twice as much as the fine incurred by a individual.

2.The maximum fine incurred by a individual that commits violations pertaining to fertilizers and explosives in Chapter III and Chapter IV of this Decree is VND100,000,000;the fine for the same violation committed by an organization is twice as much as the fine incurred by a individual.

3.The maximum fines imposed by the persons mentioned in Articles 36 to 44 of this Decree are incurred by individuals. The maximum fines such persons can imposed upon organizations are twice as much as the maximum fines they are entitled to impose upon individuals.

Chapter 2.

ADMINISTRATIVE VIOLATIONS PERTAINING TO CHEMICALS

Article 5. Violations against regulations on safety during the manufacture, sale, and storage of hazardous chemicals

1.A fine of fromVND1,000,000 toVND3,000,000 shall be imposed for one of the following violations:

a) No regulations on chemical safety are put up in the area where hazardous chemicals are manufactured, sold, or stored;

b) No warning systems that suit the danger of chemicals are established in the area where hazardous chemicals are manufactured, sold, or stored;

c) Noinstruments and vehicles for responding to accidents are availablein the area where hazardous chemicals are manufactured, sold, or stored;

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Failure to notify competent authorities of the changes to the plan for prevention and response to chemical accidents, which has been approved, or the measures for prevention and response to chemical accidents, which have been certified;

b) Failure tosatisfy the requirements inthe plan for prevention and response to chemical accidents, which has been approved, or the measures for prevention and response to chemical accidents, which have been certified;

3.A fine of from VND 5,000,000 to VND 8,000,000 shall be imposed for the failure to work out a plan or measures for prevention and response to chemical accidents during the manufacture, sale and storage of hazardous chemicals according to legislation on chemicals.

4. A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed for the failure tohave a warehouse to store hazardous chemicals, unless hazardous chemicals are delivered directly to the warehouse of the buyer.

5.Additional penalties:

Suspending of the manufacture, sale, or storage of hazardous chemicals for 01 - 03 months if the violations in Clause 3 and Clause 4 of this Article threaten or seriously harm human health and the environment

6. Remedial measures:

Violators of Clause 4 of this Article shall be compelled to destroy the hazardous chemicals that harm the health of humans, animals, and the environment.

Article 6. Violations against regulations on registration and use of hazardous chemicals

1. A fine of from VND 5,000,000 to VND 8,000,000 shall be imposed for one of the following violations:

a) Using hazardous chemicals for manufacturing other products not under registered list;

b) Failure to register the use of hazardous chemicals before use.

2. A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed forusing hazardous chemicals in the list of banned chemicals for manufacture and preservation of animal feeds.

3. A fine of from VND 12,000,000 to VND 15,000,000 shall be imposed for using hazardous chemicals in the list of banned chemicals for manufactureof veterinary medicines and pesticides.

4. A fine of from VND 15,000,000 to VND 18,000,000shall be imposed for using hazardous chemicals in the list of banned chemicals for manufacture and preservation offoods.

5. A fine of from VND 18,000,000 to VND 20,000,000 shall be imposed for using hazardous chemicals in the list of banned chemicals for manufactureof medicines and household chemicals.

6. Remedial measures:

Violators of Clauses 2, 3, 4, and 5 of this Articleshall be compelled to destroy the hazardous chemicalsand goodsthat harm the health of humans, animals, and the environment.

Article 7. Violations against regulations onthe permit to trade in toxicchemicals

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations:

a) The permit to trade in toxic chemicals does not contain sufficient information as prescribed by legislation on chemicals;

b) The permits to trade in toxic chemicals are not retained for a sufficient period of time or not at all.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed fortrading in toxic chemicals without the permit to trade in toxic chemicals.

Article 8. Violations against regulations onpermissible limits on harmful chemicals in some consumer goods

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed forthe failure to provide information about permissible limits on harmful chemicals as prescribed by legislation on chemicals.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the failure tomake or retain documents aboutpermissible limits on harmful chemicals as prescribed by legislation on chemicals.

3. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed forcommittingone of the following violationsduring the manufacture, sale, or import of chemicals:

a) The content of harmful chemicals in the electric or electronic products exceed the limits on permissible level of harmful chemicals prescribed by legislation on chemicals

b)The residue of formaldehyde in textile and garment productsexceeds the limitson permissible formaldehyde content prescribed by legislation on chemicals;

c) The content of aromatic amino that are derivatives of azo dyes in dyed textile and garment, printed or dyed details exceed the limits on permissible level of azo.

4. Remedial measures:

Violators of Clause 4 of this Article shall be compelled to destroyelectric products, electronic products, textile and garment productsin which the content of chemicals are not conformable.

Article 9. Violations against regulations on Certificates of eligibility to trade or sell chemicals in the List of chemicals manufactured or sold conditionally

1.A warning shall be issued or a fine of fromVND500,000 toVND1,000,000 for falsifying the Certificate of eligibility to trade or sell chemicals.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed formanufacturing or sellinghazardous chemicals in the list of chemicals manufactured or sold conditionallywithout a Certificate issued by a competent authority (if the Certificate is required by law).

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed forkeeping on manufacturingor selling hazardous chemicals in the list of chemicals manufactured or sold conditionallywhile the manufacture or business is suspended bya competent authorityor the Certificate of eligibility to manufacture or sell chemicals is revoked.

4. Remedial measures:

Violators of Clause2 and Clause 3of this Article shall be compelled to destroy the hazardous chemicals that harm the health of humans, animals, and the environment.

Article 10. Violations against regulations onLicenses to manufacture or sell restricted chemicals in the List of chemicals restricted from manufacture and trading

1. A warning shall be issued or a fine of from VND 1,000,000 to VND 3,000,000 for falsifying theLicense to manufacture or sell restricted chemicals.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for one of the following violations:

a) Leasing, lending, pledging, mortgaging, selling, transferring the License to manufacture or sell restricted chemicals;

a)Renting,borrowing,buying, receiving theLicense to manufacture or sell restricted chemicals, or taking it as a mortgage or a pledge.

3. A fine of from VND 7,000,000 to VND 12,000,000 shall be imposed for one of the following violations:

A) Using theLicense to manufacture or sell restricted chemicalsof another entity to manufacture or sell chemicals.

b) The scale, time, location, or products of the business are not conformable with the License to manufacture or sell restricted chemicals.

4. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Manufacturing or selling chemicals restricted from manufacture or trading withoutthe License to manufacture or sell restricted chemicals.

b) Manufacturing or selling chemicals restricted from manufacture or tradingwhile theLicense to manufacture or sell restricted chemicalsis expired.

5. A fine of from VND VND 20,000,000  to VND 2VND 5,000,000 shall be imposed for keeping on manufacturing or selling chemicals while the manufacture or business is suspended by a competent authority,or the License to manufacture or sell restricted chemicals issuspended orrevoked.

6. Additional penalties:

Violators of Point b Clause 3 of this Article shall have their Licenses to manufacture or sell restricted chemicals for 01 - 03 months if the violations are recommitted.

Article 11. Violations against regulations onmanagement of industrial precursors

A fine of from VND 300,000 to VND 500,000 shall be imposed forwriting precursors and other goods in the same inventory sheet; failing to separately monitor the purchase and delivery of precursors according to legislation on management of industrial precursors.

Article 12. Violations against regulations onreporting manufactured and imported chemicals

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations:

a) Reporting false amount or origins of chemicals;

b) Reporting falsenature or composition ofchemicals;

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Importing chemicals in the List of chemicals that must be reported without a Certificate of reported chemical import issued by a competent authority;

b)Manufacturingchemicals in the List of chemicals that must be reported without a Certificate ofreported chemical manufactureissued by a competentauthority.

3. Remedial measures:

a)Violators of PointaClause2of this Article shallbe compelled to re-export or remove hazardous chemicals from Vietnam.

b)Violators ofPoint b Clause 2of this Article shall be compelled to destroy the hazardous chemicals that harm the health of humans, animals, and the environment.

Article 13. Violations against regulations onretention of information about hazardous chemicals

A fine of from VND 300,000 to VND 500,000 shall be imposed for the failure to workretain information about hazardous chemicalsduring the manufacture, sale anduseof hazardous chemicals according to legislation on chemicals.

Article 14. Violations against regulations on management of pesticidesand germicides

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations:

a) Using other containers than those advised by the manufacturers to store pesticides and germicides, or using containers that might cause pesticides or germicides to be mistaken as other products.

b) Improperly disposing of containers ofpesticides and germicidesafter use.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failing to comply with regulations on conditions for manufacturing or sellingpesticides and germicides.

b) Failing to comply with regulations onpackaging, preservation, and transport ofpesticides and germicides;

c) The product labels are not consistent with the registered contents;

d) Failing to follow the experiment procedure established by a competent health agency.

3. A fine of from VND 10,000,000 to VND 20,000,000  shall be imposed for one of the following violations:

a)Manufacturing or sellingpesticides and germicideswhile the License for free sale of such products is expired;

b) Manufacturing or selling pesticides and germicidesthat are not conformable with announced standards;

c) Manufacturing or selling pesticides and germicideswithout obtaining aLicense for free salein Vietnam;

d) Advertising pesticides or germicides without a note of receipt of the application for registration of advertisement issued by a competent health agency, or advertising inconsistently with registered contents, or failing to change the advertisement at the request of a competent health agency.

4.A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed for selling expired pesticides or germicides.

5. A fine of from VND 30,000,000  to VND 40,000,000  shall be imposed formanufacturing or sellingpesticides or germicidesthat are banned in Vietnam.

Article 15. Violations against regulations oninspection and supervision

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to comply with the decision on inspection issued by a competent authority or Organization for the Prohibition of Chemical Weapons;

b)Failing to comply with regulations on inspection imposed byOrganization for the Prohibition of Chemical Weapons;

2. Additional penalties:

Violators of Clause 1 of this Article shall be suspended from operation from 01 to 03 months.

Article 16. Violations against regulations onmanagement of DOC and DOC-PSF

1.A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for providing false information about the DOC or DOC/PSF facility in the initial declaration, annual declaration of past activities, or additionally planned activities.

2. A fine of from VND 10,000,000 to VND 5,000,000 shall be imposed forthe failure to make an initial declaration, annual declaration of past activities, or additionally planned activities of the DOC or DOC-PSF facility.

3. Additional penalties:

DOC and DOC/PSF facilities that commit the violations in Clause 1 and Clause 2 of this Article shall be suspended for 01 - 03 months.

Article 17. Violations against regulations on managementSchedule 2 and Schedule 3 chemicals

1. A fine of from VND 5,000,000 to VND 20,000,000  shall be imposed for one of the following violations:

a) Making declarations behind schedule;

b) Failing to a make declaration or providing false information about the manufacture, export, or import of Schedule 2 and Schedule 3 chemicals.

2.A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed for manufacturing Schedule 3 chemicals and Schedule 2 chemicals against the written approval for investment made by a competent authority; exporting or importing Schedule 3 chemicals and Schedule 2 chemicals against the License for export or import; transferring the License to export or import to another company.

3. A fine of from VND 30,000,000  to VND 40,000,000  shall be imposed for manufacturing Schedule 3 chemicals and Schedule 2 chemicals against the written approval for investment made by a competent authority; exporting or importing Schedule 3 chemicals and Schedule 2 chemicals against the License for export or import; transferring the License to export or import to another company.

4. Additional penalties:

a)Violators of Clause 2 of this Articleshall have their licenses suspended for 01 - 03 months;

b) Violators of Clause 1 and Clause 3 of this Article shall have the manufacture of Schedule 3 chemicals or Schedule 2 chemicals suspended for 01 - 03 months.

5. Remedial measures:

Violators of Clause 4 of this Article shall be compelled to destroy theSchedule 3 chemicals or Schedule 2 chemicals if theyharm the health of humans, animals, and the environment.

Article 16. Violations against regulations on management ofchemical weapons and Schedule 1 chemicals

1. A fine of from VND 30,000,000  to VND 40,000,000  shall be imposed for one of the following violations:

a) Manufacturing, storing, using toxic chemicals, their precursors, and banned Schedule 1 chemicals;

b)Exporting, importingtoxic chemicals, their precursors, and banned Schedule 1 chemicals;

c)Exporting/importing Schedule 1chemicalsto/from the countries that are not signatories to the Convention;

d)Re-exporting/re-importing Schedule 1 chemicalsto/from any organization or individual of a third country;

dd) Exporting, importing Schedule 1 chemicals against the License to export or import; transferring the License to export or import to another company.

2. A fine of from VND 40,000,000  to VND 50,000,000  shall be imposed for one of the following violations:

a) Failing to declare or providing false information about the manufacture, use, or storage of Schedule 1 chemicals; failing to declare the export or import of Schedule 1 chemicals; declaring Schedule 1 chemicals behind schedule;

b) Manufacturing, processing, storing more Schedule 1 chemicals than permissible amounts.

3. Additional penalties:

a) Violators ofClause 1 andClause 2 of this Article shall have their licenses suspended for02 - 05months;

b) Violators of Clause2of this Article shall have the manufacture of Schedule1chemicals suspended for 02- 05months.

a) Violators of Clause 2 of this Article shall have their licenses suspended for 01 - 03 months;

4. Remedial measures:

Violators of Clause 1 and Clause 2 of this Article shallbe compelled to remove the chemicals from Vietnam.

Chapter 3.

ADMINISTRATIVE VIOLATIONS PERTAINING TO FERTILIZERS

Article 19. Violations against regulations onconditions for manufacturing and processing fertilizers

1.A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for the failure to employ workers that are proficient in manufacture and quality management of fertilizers.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for the failure toestablish a laboratory or to sign a contract with an appointed accredited laboratory to test fertilizer quality.

3. A fine of from VND 10,000,000 to VND 5,000,000 shall be imposed formanufacturing or processing fertilizers without a warehouse for storing fertilizers.

4. A fine of from VND 5,000,000 to VND 20,000,000  shall be imposed for the failure toobtain appropriate machinery, equipment and technology to manufacture or process fertilizers.

5. Additional penalties:

The manufactureof processing of fertilizers shall be suspendedfor 01 - 03 months if thefailure to test fertilizer quality, the failure to establish a fertilizer warehousein Clause 2 and Clause 3 of this Articleis likely toseriously harm human health and the environment.

Article 20.Penalties formanufacturing and processingsubstandardfertilizers

1.A fine of from VND 80,000,000 to VND 90,000,000 shall be imposed for exceeding the tolerable deviation of quantity of the applied Standards, National Technical Regulations, or the List of fertilizers.

2. A fine of fromVND90,000,000 toVND100,000,000 shall be imposed forfailing to meet the standardsin comparison to the applied Standards, National Technical Regulations, or the List of fertilizers.

3. Remedial measures:

Violators of Clause 1 and Clause 2 of this Article shall be compelled to destroythe fertilizersthat harm the health of humans, animals, and the environment.

Article 21. Violations against regulations on conditions forsellingfertilizers

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the failure topresent legitimate documents proving the manufacturers, exporters, or suppliers of fertilizers.

2. A fine of from VND 10,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Selling fertilizer without a shop or a place where fertilizer quality can be maintained;

b) Selling fertilizer withoutinstruments or containers that can maintain fertilizer quality;

c) Selling fertilizer without a fertilizer warehouse.

3. Additional penalties:

a) The fertilizers of which themanufacturers, exporters, or suppliersare not proven as mentioned in Clause 1 of this Article shall be confiscated;

b)Thesaleof fertilizers shall be suspended for 01 - 03 months if thelack of appropriate instruments, containers, or fertilizer warehouse in Clause 2 of this Articleis likely to seriously harm human health and the environment.

Article 22. Penalties forsellingsubstandard fertilizers

1. A fine of from VND 30,000,000  to VND 40,000,000  shall be imposed for selling expiredfertilizers.

2. A fine of from VND 40,000,000  to VND 50,000,000  shall be imposed forselling the fertilizers suspended from manufacture or sale.

3. Additional penalties:

The fertilizers that are expired, suspended from manufacture, or suspended from sale in Clause 1 of this Article shall be confiscated.

4. Remedial measures:

Violators of Clause 1 and Clause 2 of this Article shall be compelled to destroy the of fertilizers thatthreatenthe health of humans, animals, and the environment.

Article 23. Violations against regulations onimport offertilizers

1.A fine of from VND 4,000,000 to VND 7,000,000 shall be imposed for importing new fertilizers for experiment without a written approval by a competent authority.

2. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Importing fertilizers for sport stadiumswithout a written approval by a competent authority.

b) Importingdedicatedfertilizers forinternal usewithout a written approval by a competent authority.

3. A fine of from VND 10,000,000 to VND 20,000,000  shall be imposed for importing new fertilizersas samples, gifts, or scientific test objectswithout a written approval by a competent authority.

4. A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed forimporting fertilizers that fail to meetthe applied StandardsorNational Technical Regulationsof Vietnam.

5. Remedial measures:

Violators of Clause 4 of this Article shall be compelled to re-export or remove from Vietnam the imported fertilizers that contain heavy metal, harmful microorganisms, and other toxic substances beyond permissible limits.

Article 24. Violations against regulations onsampling and analyzing fertilizers

1.A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for the failure to follow the methods of sampling, quality testing and certification provided by competent authorities, or the failure to follow the testing methods, standards, or National Technical Regulations issued by competent authorities.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Falsifying the result or announcing a false result of fertilizer quality testing;

b) Failing to protect the confidentiality of information, data, results of sampling, quality testing and certification.

3.Remedial measures:

Violators of Clause 1 and Point a Clause 2 of this Article shall be compelled to conduct another sampling, quality testing and certification, and must not collect fees for such activities.

4. Additional penalties:

Sampling and analysis of fertilizers shall be suspended for 01 - 03 months if the violations in Clause 2 of this are recommitted.

Article 25. Violations against regulations onthe application for permission to perform fertilizer experiments

1. A fine of from VND 1,000,000 to VND 4,000,000 shall befalsifying the documents in the application for permission to perform fertilizer experiments

2. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed forthe failure to register and report changes to the experiments to competent authorities.

Article 26. Violations against regulations onfertilizer experiments

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed forperforming experiments against the registration or current regulations of fertilizer experiments.

2. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed forannouncing untruthful experiment results.

3. Remedial measures:

Violators of Clause 1 and Clause 2 of this Articleshall be compelled toperform another experiment, rectify the experiment result, or cancel the experiment result.

Article 27. Violations against regulations onchanging fertilizer names

A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed forthe failure to comply with regulations on conditions or procedures for changing names of fertilizers.

Article 28. Violations against regulations onaccrediting and appointing providers of training in fertilizer sampling and fertilizer-testing laboratories

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed forcarrying on the manufacture or salewhile thecertificate of accredited provider of training in fertilizer sampling or fertilizer-testing laboratory is expired without submitting an application for renewal to a competent authority.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the failure tonotify the competent authority of changes to the accredited operations.

Chapter 4.

ADMINISTRATIVE VIOLATIONS PERTAINING TO INDUSTRIAL EXPLOSIVES

Article 29. Violations against regulations on documents and reports on the work with industrial explosives and their precursors

1.A warning shall be given for failing to submit periodic reports on the work with industrial explosives and their precursors.

2.A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for providing false information in the reports on activities related to industrial explosives and their precursors; failing to retain sufficient documents about the work with industrial explosives or not at all.

3.A fine of from VND 10,000,000 to VND 20,000,000  shall be imposed for the failure to report the supply, export, import, and unused amount of industrial explosives and their precursor; providing false data about the sale of industrial explosives and their precursor; obstructing the inspection by competent authorities; failing to report the loss of industrial explosives or accidents related to industrial explosives to competent authorities.

Article 30. Violations against regulations onindividuals directly working withindustrial explosives and their precursors

1.A warning shall be given for the failure to provide periodic training for the persons directly working with industrial explosives.

2.A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed forthe failure to provide periodic training for the persons directlyworking withindustrial explosives within 03 months from the receipt of the warning.

3. A fine of from VND 5,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Employing unqualified persons.

b) Employing the persons that are not trained and issued with certificates of training in explosives safety.

4. A fine of from VND 5,000,000 to VND 30,000,000  shall be imposed foremploying unqualified persons to manage the work with industrial explosives.

Article 31. Violations against regulations onmanagement of licenses foractivitiesrelated toindustrial explosives and their precursors

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed forfailing to report the loss of the license licenses for activities related to industrial explosives and their precursors.

2. A fine of from VND 10,000,000 to VND 20,000,000  shall be imposed forfailing to apply for a registration when commencing or terminating activities related to industrial explosives or their precursors.

3. A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed for one of the following violations:

a) Lending or leasing the license to work withindustrial explosives and their precursors;

b) Manufacturing, preserving, transporting, using an amount of industrial explosives that exceeds the permissible amount in the License to work with industrial explosives or the Certificate of registration of use of industrial explosives;

c) Allowing a unit that is not mentioned in the license to sell industrial explosives.

4. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed forfalsifying the license to work withindustrial explosives and their precursors.

5. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a) Using the license to work with industrial explosives to sell or provide industrial explosives for other organizations and individuals;

b) Using the license to work with industrial explosives to provide blast services or plant explosives at a location not being mentioned in the license.

6. Additional penalties:

a) Violators ofPoint a Clause 5of this Article shall have theirillegal items confiscated;

b) The license to work with industrial explosives shall be suspended for 03 - 06 months when the violations in Clause 3 of this Article are committed, for 06 - 12 months when the violations in Clause 4 of this Article are committed, for 18 - 24 months when the violations in Clause 5 of this Article are committed.

Article 32. Violations against regulations onexperiment and manufacture of industrial explosives and explosive precursors

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed forpackaging industrial explosives improperly.

2. A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed for one of the following violations:

a) The research or experiment with industrial explosives and explosive precursors is inconsistent with the approved project;

b) Using materials with unknown origins to manufacture industrial explosives using.

3. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed for one of the following violations:

a) Manufacturing industrial explosives and explosive precursors while the conditions for manufacture are not fulfilled at the request of competent authorities;

b) Changing the composition or category of materials; manufacturing other industrial explosives that those registered and permitted;

c) Changing the industrial explosive manufacture process without the approval by competent authorities;

d) Do not test new industrial explosives that manufactured in Vietnam, or importing industrial explosives into Vietnam without accredited test results.

4. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed forone of the following violations:

a)Researching, testingindustrial explosives and explosive precursorswithout being approved or assigned by competent authorities;

b) Manufacturing industrial explosives andexplosive precursors without beingissued with the certificate of eligibility to manufacture industrial explosives and explosive precursors; using dedicated equipment for manufacture of industrial explosives without permission by competent authorities;

c)Changing the technology, equipment, or location for manufacture of industrial explosives without approval by competent authorities.

5.Additional penalties:

a)Illegal items and instruments shall be confiscated when the violations in Clause 2, Point b Clause 3, Point a and Point b Clause 4 of this Article are committed;

b)The violator that commits the violations in Point c Clause 3 and Point c Clause 4 of this Article shall be suspended from working with industrial explosives for 03 - 06 months.

6.Remedial measures:

a)The violator that commits the violations in Point c Clause 3 and Point c Clause 4 of this Article shall be compelled to restored the initial condition;

b) The violator shall be compelled toeliminate the threats caused by the violations inPointa Clause 3 and Point c Clause 4 ofthis Article.

Article 33. Violations against regulations onpreservationof industrial explosives and explosive precursors

1.A warning shall be given for:

a) Failing to put up safety regulations in the warehouse;

b) Failing to put up danger signs in the areas whereindustrial explosives and explosive precursorsare stored.

2.A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for failing to dispatch security guards to protect the areas where industrial explosives are stored;

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a)Failing to have an approved plan for protecting the industrial explosive warehouse.

b) Failing to seal and lock the industrial explosive warehouse;

c) The number of security guards is not sufficient.

4. A fine of from VND 10,000,000 to VND 30,000,000  shall be imposed for one of the following violations:

a) Violating safety regulations on industrial explosives during the preservation of industrial explosives;

b) Failing tofollow the procedureseal and lock the industrial explosivewarehouse;

c) Failing to provide instruments and constructions for guarding and protecting the warehouse of industrial explosives and explosive precursors;

d) The amount of degraded industrial explosives in national reserve are exceeds permissible limits without acceptable explanation;

dd) Violating the regulations on national reserve security;

5. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed for one of the following violations:

a) Allowing other organizations and individuals to put in their industrial explosives or lease the industrial explosive warehouse without a contract or legitimate document; the amount of industrial explosives in storage exceeds the approved limit.

b)The categories of industrial explosives in national reserve are not suitable for the warehouse or location;

c)The industrialexplosivewarehouse is expanded or repairedwithout the approval by competent authorities;

d) No plans for prevention and response to emergencies at the industrial explosive warehouse are made;

dd) Deliberately falsifying the papers and blast reports to leak industrial explosives.

6. A fine of from VND 50,000,000  to VND 70,000,000 shall be imposed for one of the following violations:

a) The industrial explosives are stored in place or awarehousethat is not approved by a competent authority;

b) The failure to comply with regulations on preservation leads to a loss of explosive precursors.

7. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed foromission of violations against regulations on preservation that leads to a loss of industrial explosives in the warehouse.

8. Additional penalties:

a)Illegal items and instruments shall be confiscatedwhen the violations inPoint a Clause 5 of this Article are committed.

9. Remedial measures:

a) The violator that commits the violations Point c Clause5of this Article shall be compelled to restored the initial condition;

b) Violators of Point b Clause 5 of this Article shall be compelled to move industrial explosives in reserve to a proper warehouse or place.

c)Violators ofPoint aand Point c Clause 4of this Article shall be compelled to eliminatethe threats to safety and security.

d) Violators of PointaClause 6 of this Article shall be compelled to move industrial explosivesthewarehousesor places approved by competent authorities.

Article 34. Violations against regulations ontransportof industrial explosives and explosive precursors

1.A warning shall be given if the signs indicating the area where industrial explosives are loaded or unloaded are not put up.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) No symbols are used when transporting industrial explosives;

b) No security force is deployed while loading or unloading industrial explosives.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Industrial explosives and explosive precursors are transported without being accompanied by escorts, or the number of escorts is insufficient;

b) Plans for prevention and response to emergencies, measures for protecting order and safety are not taken;

c) The vehicle that transports industrial explosives stops or parks due to a breakdown without any danger sign;

d) Improperly moving industrial explosives from one vehicle to another on the road;

d) The license to transport industrial explosives is lost; the license to transport industrial explosives is not returned on time after the transport is finished.

4. A fine of from VND 10,000,000 to VND 30,000,000  shall be imposed for one of the following violations:

a)The categories of industrial explosives transported are not consistent with the license to transport;

b) Safety regulations on industrial explosives during thetransportof industrial explosivesare not complied with;

c) Transporting industrial explosives by a vehicle that is not registered, not inspected and issued with a license by a competent authority, or not allowed to be used for transporting industrial explosives.

5. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed for one of the following violations:

a) Theroute of transportingindustrial explosivesisnot consistent with the license to transport;

b) Thevehicle that transportsindustrial explosivesstops or parks at the places not allowed inthe license to transport;

c) Industrial explosives are unloaded at the places that have not been allowed.

6. A fine of from VND 50,000,000  to VND 70,000,000 shall be imposed forlosingindustrial explosives;

7. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed fortransportingindustrial explosiveswithout a license.

8.Additional penalties: Illegal industrial explosives shall be confiscated whenthe violations inPoint a Clause 4 and Clause 7 of this Article are committed.

9.Remedial measures: Violators shall be compelled to eliminate the threats to safety posed by the violations in Point b Clause 4 of this Article.

Article 35. Violations against regulations onsellingindustrial explosives and explosive precursors

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed forsellingindustrial explosivesand explosive precursors without signing a contract;

2. A fine of from VND 10,000,000 to VND 20,000,000  shall be imposed forrefusing to repurchase the unused industrial explosives from the buyer without an acceptable explanation.

3. A fine of from VND 20,000,000  to VND 30,000,000  shall be imposed forexporting and importing incorrect categories, quantity, or types of industrial explosives in national reserve according to the national reserve plan.

4. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed for exporting, importing, buying, sellingincorrect categories, quantity, or types of industrial explosivesaccording to the license.

5.A fine of from VND 50,000,000  to VND 70,000,000 shall be imposed for selling industrial explosives to an organization of which the license to use industrial explosives has expired, or to an organization suspended from using industrial explosives by a competent authority.

6. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a)Exporting, importingindustrial explosives and explosive precursors withoutapprovalby competent authorities;

b)Selling industrial explosives to an organization without the license to use industrial explosives.

7. Additional penalties:

Illegal items and instruments shall be confiscated when the violations inClause 1, Clause 5, and Point b Clause 6of this Article are committed.

8. Remedial measures:

The violators mentioned in Clause 4 and Point a Clause 5 of this Article shall be compelled to re-export or remove the illegal items from Vietnam.

Article 36. Violations against regulations onusing industrial explosives and providing blast services

1.A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for blasting without a commander; the blasting plan is not made or not sufficient.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) The blasting report is not satisfactory;

b) No guard post or danger signs at the blasting site;

c) No registration, notice or compliance with the order of blasting signals and completion signals that were registered or notified.

3. A fine of from VND 10,000,000 to VND 30,000,000  shall be imposed for one of the following violations:

a)Violating National Technical Regulation on safety when using industrial explosives;

b) Failing to supervise the impact of blasting on the constructions and objects that need protection within the impact zone.

4. A fine of from VND 30,000,000  to VND 50,000,000  shall be imposed forfailing to make blasting reports.

5. A fine of from VND 50,000,000  to VND 70,000,000 shall be imposed for one of the following violations:

a) Changing the types, quantity of industrial explosives or blasting control methods in the blasting plan or blasting report that was approved;

b) Using industrial explosives while the blasting plan is not approved by competent authorities;

c)Using otherindustrial explosivesthan those allowed.

6. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a)Failing to sell unused industrial explosives to the seller when the use of industrial explosives is finished;

b) Buying industrial explosives and explosive precursors from the organizations or individuals that are not allowed to sell industrial explosives;

c)Do not move unused industrial explosives to the warehouse after the blasting is finished.

7. Additional penalties:

a) Illegal items and instruments shall be confiscated when the violations in PointcClause 5 of this Article are committed.

b)The license to use industrial explosives shall be suspended for 06-12months when the violations in Clause 4, Point b Clause 5of this Article are committed; for 18 - 24 months when the violations in Point b and Point c Clause 6 of this Article are committed.

8. Remedial measures:

The violator that commits the violations in PointaClause 3 of this Article shall be compelled to restored the initial condition.

Article 37. Violations against regulations onchecking, testing and destroying industrial explosives

1. A warning shall be given forfailing to test industrial explosives periodically.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Nowritten record on destruction ofindustrial explosivesis made;

b) The result is not verified after the destruction of industrialexplosives.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failing todestroy degraded industrial explosives;

b)Failing to notify competent authorities when destroying industrial explosives.

4. A fine of from VND 10,000,000 to VND 30,000,000  shall be imposed forviolating national safety regulation during the destruction of industrial explosives.

5. Additional penalties:

The license to use industrial explosives shall be suspended for 03 - 06 months when the violations in Clause 4 of this Article are committed.

6. Remedial measures:

The violator mentioned in Point a Clause 3 of this Article shall be compelled to destroy the industrial explosives.

Chapter 5.

COMPETENCE TO IMPOSE PENALTIES

Article 38. The competence to impose penalties of Presidents of the People’s Committees

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

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

a) Give warnings;

b) Impose fines of up toVND 5,000,000;

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

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

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

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

a)Givewarnings;

b) Impose fines of up toVND 5,000,000for violations pertaining to chemicals; up toVND 50,000,000for violations pertaining to fertilizers and industrial explosives;

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

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

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

e) Suspend Licenses to manufacture or sell restricted chemicals;

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

3. Presidents of People’s Committees ofprovincesare entitled to:

a) Give warnings;

b) Impose fines of up to VND 50,000,000  for violations pertaining to chemicals; up to VND 100,000,000 for violations pertaining tofertilizers andindustrial explosives;

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

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

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

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

g) Compel theelimination of threats to safety causedby unlawful workswith industrial explosives;

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

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

Article 39. The power to impose penalties of specialized inspectors

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

a) Give warnings;

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

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

a) Give warnings;

b) Impose fines of up to VND 5,000,000 for violations pertaining to chemicals; up to VND 50,000,000 for violations pertaining tofertilizers andindustrial explosives;

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

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

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

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

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

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

a) Give warnings;

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

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

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

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

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

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

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

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

Article 40. The power to impose penalties ofother forces

1.The police

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

b)Leaders of police squad on duty are entitled to impose fines of up to VND1,500,000 for violations pertaining to chemicals,fertilizers and industrial explosives;

c)Chiefs of police stations of communes, border checkpoints and export-processing zonesare entitled to impose fines of up to VND2,500,000 for violations pertaining to chemicals, fertilizers and industrial explosives;

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

Suspend the manufacture, sale, and storageofchemicals andfertilizers.Compel the destruction of hazardous chemicals. Suspend the licenses to manufacture or sell restricted chemicals; suspend licenses to transport industrial explosives and explosive precursors; confiscate illegal instruments of which the value does not exceed VND20,000,000;

dd)Directors of Police Headquarters and Fire Safety Services are entitled to: give warnings;impose fines of up to VND 5,000,000 for violations pertaining to chemicals; up to VND 50,000,000  for violations pertaining to fertilizers and industrial explosives;

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

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

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

2.The customs

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

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

b)The Director of the Smuggling Investigation Department, Director of the Post-clearance Inspection Department, Directors of Customs Departments of provinces are entitled to:Impose fines of up to VND 5,000,000 for violations pertaining to chemicals; up to VND 50,000,000  for violations pertaining to fertilizers and industrial explosives.

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

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

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

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

Article 41.Management of illegal items and instruments

1.The procedure for confiscating illegal items and instruments is specified in Article 81 of the Law on Penalties for administrative violations No.15/2012/QH13dated June 20, 2012.

2.Illegal industrial explosives confiscated must be given to a specialized authority in charge of industrial explosives according to Article 82 of the Law on Penalties for administrative violationsNo. 15/2012/QH13 dated June 20, 2012.

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

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

5.The confiscatedindustrial explosivesthat are degraded must be destroyed. A destruction council composed of representatives of relevant agencies shall be established. Confiscated industrial explosives shall be destroyed in accordance withcurrent standards and regulations on industrial explosives.

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

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

1.The persons below are entitled to make records:

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

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

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

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

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

Chapter 6.

IMPLEMENTATION

Article 43. Effect

1.The Decree takes effect on December 31, 2013.

2.This Decree supersedes:

a) The Government s Decree No.90/2009/ND-CPdated October 20, 2009on penalties for administrative violations pertaining to chemicals;

b) The Government s Decree No. 15/2010/ND-CP datedMarch 1, 2010on penalties for administrative violations pertaining tomanufacture and sale of fertilizers;

c) Section 2 Chapter V of the Government s Decree No.100/2005/ND-CPdated August 3, 2005 on implementation of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

d) The Government s Decree No. 64/2005/ND-CPdated May 16, 2005on penalties for administrative violations pertaining tomanagement of industrial explosives.

Article 44. Transition

1.The Decree No.90/2009/ND-CP, the Decree No.15/2010/ND-CP, and Section 2 Chapter V of the Decree No.100/2005/ND-CPstill apply administrative violations pertaining to chemicals, fertilizers and industrial explosives that are committed before this Decree takes effect but discovered afterwards, or are still under examination, except for the cases in which the regulations in this Decree are advantageous to the violators.

2. The Decree No. 90/2009/ND-CP, the Decree No. 15/2010/ND-CP, and Section 2 Chapter V of the Decree No. 100/2005/ND-CP still apply administrative violations pertaining to chemicals, fertilizers and industrial explosives that are committed before this Decree takes effect but discovered afterwards, or are still under examination, except for the cases in which the regulations in this Decree are advantegeous to the violators.

Article 45.Responsibility

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of Central-affiliated cities and provinces are responsible for the implementation of this Decree./.

For The Government

Prime Minister

Nguyen Tan Dung