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;

The Government hereby promulgates a Decree on penalties for administrative violations against regulations on chemicals and industrial explosive materials.

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);

b) Economic organizations that are duly established under the Law on Co-operatives, consisting of: Co-operatives and cooperative unions;

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:

a) Suspension of the certificate of eligibility to manufacture or sell conditional industrial chemicals; the license to manufacture or sell industrial chemicals restricted from manufacture and sale; the license to manufacture Schedule 1, Schedule 2 and Schedule 3 chemicals, DOC chemicals or DOC-PSF chemicals; licenses and certificates of eligibility for management and use of industrial explosive materials or explosive precursors (hereinafter referred to as “licenses to use industrial explosive materials or explosive precursors);

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;

g) Enforced termination of publishing of information about units eligible for providing preparation-based insect and germ control services;

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

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CHEMICALS AND INDUSTRIAL EXPLOSIVE MATERIALS, AND PENALTIES AND FINES THEREFOR

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;

e) Failure to use the air ventilation system in the factory or chemical warehouse in accordance with one of the regulations on or standards for the air ventilation system;

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:

The violator is compelled to implement measures for control of environmental pollution if any of the violations in Clauses 3 and 4 of this Article is committed.

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.

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 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;

b) Failure to develop an emergency response plan when transport chemicals in a quantity greater than the permissible one.

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

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to satisfy requirements for chemical and fire safety in accordance regulations of law in a store that sells conditional industrial chemicals or the license to manufacture or sell industrial chemicals restricted from manufacture and sale.

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.

2. Fines for failure to organize or appoint persons to join periodic training courses on chemical safety offered to subjects in group 1 or 2:

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.

5. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for failure to provide chemical safety training documents in accordance with regulations applied to each group.

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.

3. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for failure to implement measures for management and control of industrial precursors during their manufacture and sale.

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

Article 14. Violations against regulations on hazardous chemical safety

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:

a) Failure to retain information about use of chemicals within 03 years from the end of the activities involving such chemicals.

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

1. A warning or fine of from VND 500,000 to VND 1,000,000 shall be imposed for falsifying the certificate of eligibility to manufacture or sell conditional industrial 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 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;

b) The certificate of eligibility to manufacture or sell conditional industrial chemicals 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 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.

5. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to adhere to regulations on adjustments to the license to manufacture or sell industrial chemicals restricted from manufacture and sale 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 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.

3. Additional penalties:

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;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the value of industrial precursors 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 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.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to prepare documents about permissible content of toxic chemicals in accordance with regulations.

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.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to trade in toxic chemicals without a toxic chemical sale record.

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.

3. A fine ranging from 10,000,000 to 15,000,000 shall be imposed for failure to provide safety data sheets to entities using hazardous chemicals to manufacture other products.

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.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed if the violation mentioned in Clause 1 of this Article is repeated.

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;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to implement preparedness measures associated with technology, design and equipment serving the manufacture;

c) A fine ranging from VND 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;

e) A fine ranging from VND 20,000,000 to VND 25,000,000 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 approved chemical emergency preparedness and response measure or plan.

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.

Article 27. Violations against regulations on development of chemical emergency preparedness and response measures and plans

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.

3. 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 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

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be paid by the Schedule 1, Schedule 2 and Schedule 3 chemical facility or DOC and DOC-PSF chemical facility for each employee that is directly exposed to chemicals without being trained in chemical safety.

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.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to manufacture according to the place or types of chemicals specified in the licenses to manufacture Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals.

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:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the value of chemicals 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 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

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, Schedule 3, DOC and DOC-PSF chemicals behind schedule.

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.

5. Additional penalties:

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;

b) Failure to prepare sufficient documents, maps, drawings and books necessary for the inspection.

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;

b) Manufacturing an insecticidal or germicidal chemical or preparation without a notice of receipt of the application for declaration of eligibility for manufacture issued by the competent authority.

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.

3. Fines for violations against regulations on use of expired materials for manufacture of insecticidal and germicidal chemicals and preparations:

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);

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.

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:

a) The violator is compelled to recall domestic and medical insecticidal and germicidal preparations if any of the violations in Clauses 3 and 4 of this Article is committed.

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.

3. Additional penalties:

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;

b) Failure to re-follow procedures for declaring eligibility for provision of preparation-based insect and germ control services.

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.

3. Penalties for sale of insecticidal and germicidal preparations without a registration number in Vietnam issued by the Ministry of Health; sale 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.

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:

The import of insecticidal and germicidal chemicals and preparations shall be suspended from 03 months to 06 months if any of the violations in Clauses 2 and 3 of this Article is committed.

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

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

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:

a) Advertising an insecticidal or germicidal chemical or preparation without an advertisement certificate issued by the Ministry of Health;

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:

a) 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;

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.

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 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;

c) Failure to archive the original application at the registry in case of online registration;

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;

b) Submitting a report on manufacture or sale of industrial explosive materials or explosive precursors behind schedule;

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;

c) Failure to submit the ad hoc report on industrial explosive material or explosive precursor activities;

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.

6. Remedial measures:

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.

3. Additional penalties:

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.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for appropriating or falsifying the license to use industrial explosive materials or explosive precursors.

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:

The violator is compelled to transfer illegal benefits obtained from the violation mentioned in Point a Clause 2 of this Article.

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;

d) Failure to carry out classification or labeling as prescribed by law.

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.

6. Remedial measures:

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.

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 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:

a) Allowing another entity to store its industrial explosive materials or rent an industrial explosive material warehouse without a contract or a document about transfer of industrial explosive materials for storage issued by the competent authority;

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:

a) Suspend the storage of industrial explosive materials or explosive precursors from 06 months to 12 months if the violation mentioned in Clause 5 of this Article is committed.

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.

3. 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 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.

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 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.

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

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

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for blasting mines without a lead blaster.

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.

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) 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.

7. Additional penalties:

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.

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 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:

a) Issue warnings;

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.

3. Presidents of the People’s Committees of provinces have the power 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 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;

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. 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;

b) Impose a maximum fine of VND 35,000,000 for administrative violations against regulations on chemicals; a maximum fine of VND 70,000,000 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.

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.

Article 60. The power to impose administrative penalties of People's Public Security Force

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;

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.

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;

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, 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.

Article 61. The power to impose administrative penalties of the customs

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;

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 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;

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) 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;

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, 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:

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) 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:

a) Issue warnings;

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;

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.

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;

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

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:

a) Issue warnings;

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:

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 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.

2. The power to impose administrative penalties of inspectors:

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;

k) Chiefs of inspectorates of agencies in charge of specialized inspections of industrial explosive materials that are affiliated to the Ministry of Industry and Trade are entitled to impose penalties for the administrative violations mentioned in Articles 49 and 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2 and 3 Article 52; Clauses 1, 2, 3, 4 and 5 Article 53; Clauses 1, 2, 3, 4, 5 and 6 Article 54; Clauses 1, 2, 3 and 4 Article 55; Clauses 1, 2, 3, 4 and 5 Article 56 and Article 57 of this Decree;

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;

c) 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 are entitled to impose penalties for the administrative violations mentioned in Clause 1 Article 5; Point a Clause 1 Article 11; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1 Article 32; Clause 1 Article 38; Clause 1 Article 53 and Clause 1 Article 54 of this Decree as prescribed in Clause 3 of Article 60 and within their jurisdiction;

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

a) Market surveillance officials 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;

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.

7. The power to impose administrative penalties of the Vietnam Coast Guard

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

The persons below are entitled to make records of 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

2. Persons of People’s Army or People's Public Security Force working at regulatory authorities mentioned in Articles 60, 63 and 64 hereof; officials and public employees who are performing their duties and state management tasks in the field of chemicals and industrial explosive materials.

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.

Article 69. Responsibility for implementation

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./.