Decree No. 155/2024/ND-CP dated December 10, 2024 on penalties for administrative violations against regulations on hydrometeorology

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 155/2024/ND-CP	Hanoi, December 10, 2024

 

DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON HYDROMETEOROLOGY

Pursuant to the Law on Government Organization dated June 19, 2015; the Law dated November 22, 2019 on Amendments to the Law on Government Organization dated June 19, 2015 and the Law on Local Government Organization;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law on amendments to the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Hydrometeorology dated November 23, 2015;

At the request of the Minister of Natural Resources and Environment;

The Government promulgates Decree on penalties for administrative violations against regulations on hydrometeorology.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for administrative violations, penalties, fines, remedial measures, power to impose penalties and power to record administrative violations against regulations on hydrometeorology.

2. Violations against regulations on hydrometeorology include:

a) Violations against regulations on licenses for hydrometeorological forecasts and warnings;

b) Violations against regulations on hydrometeorological forecasts and warnings;

c) Violations against regulations on transmission and release of hydrometeorological bulletins;

d) Violations against regulations on management and operation of network of hydrometeorological stations;

dd) Violations against regulations on provision, access, use and exchange of hydrometeorological information and data;

e) Violations against regulations on utilization and protection of hydrometeorological works;

h) Violations against regulations on impacts on weather;

h) Other violations against regulations on hydrometeorology specified in this Decree.

3. Any administrative violations against regulations on hydrometeorology which are not prescribed in this Decree shall be handled in accordance with other Government's Decrees prescribing penalties for administrative violations in relevant state management fields.

4. Violations against regulations on use, inspection and calibration of hydrometeorological measurement instruments shall be handled according to regulations of the law on measurement.

5. Penalties for administrative violations against regulations on hydrometeorology imposed upon press agencies shall comply with regulations of the law on press and the law on handling administrative violations against regulations on press and publishing.

6. Administrative violations related to hydrometeorological activities against regulations on civil aviation shall be handled according to regulations of the law on civil aviation and the law on handling administrative violations against regulations on civil aviation.

Any administrative violations which are related to hydrometeorological activities against regulations on civil aviation but are not prescribed in the law on handling of administrative violations against regulations on civil aviation shall be handled according to this Decree.

Article 2. Regulated entities

1. Vietnamese and foreign organizations and individuals commit any administrative violations against regulations on hydrometeorology within the territory of Vietnam, unless otherwise prescribed by international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Organizations that are liable to administrative penalties for violations against regulations on hydrometeorology as prescribed in clause 1 of this Decree include:

a) Economic organizations established under regulations of the Law on Enterprises and the Law on Cooperatives, including: sole proprietorships, limited liability companies, joint stock companies, partnerships and units affiliated to enterprises (branches, representative offices), cooperatives and cooperative union; 

b) Regulatory authorities committing violations which are not related to their assigned management tasks;

c) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service providers and other organizations established as per by law and committing violations which are not related to their tasks assigned by competent state management authorities.

d) Foreign organizations and individuals participating in hydrometeorological activities within the Socialist Republic of Vietnam;

dd) Other organizations that operate within the Socialist Republic of Vietnam.

3. Persons have the power to record administrative violations or impose administrative penalties; other relevant organizations and individuals are specified in this Decree.

4. Household businesses and households that commit administrative violations specified in this Decree shall face the same penalties/fines as those imposed on individuals committing violations.

5. In case an on-duty official, public employee or person working for the people’s army, the people’s public security and cipher forces commits an administrative violation against regulations on hydrometeorology which is related to his/her assigned duties, he/she is not required to incur penalties in accordance with the law on handling of administrative violations against regulations on hydrometeorology but shall incur penalties in accordance with regulations of relevant laws. A regulatory authority that commits a violation against regulations on hydrometeorology related to its state management duties is not required to incur penalties in accordance with the law on handling of administrative violations against regulations on hydrometeorology but shall incur penalties in accordance with regulations of relevant laws.

Article 3. Prescriptive periods and violations that have been completed or are in progress

1. The prescriptive period for imposition of a penalty for a violation against regulations on hydrometeorology is 01 year.

2. It is determined that the following violations have been completed and the time of abandonment of the violation is the time on which an organization or individual abandons the time limit for report, notification or declaration. To be specific:

a) Failing to report or fully report results of hydrometeorological forecasts and warnings according to regulations in clause 1 Article 7 of this Decree;

b) Failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where stations are located after establishment of special-purpose hydrometeorological stations specified in clause 1 Article 10 of this Decree;

c) Failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where stations are located after relocation of special-purpose hydrometeorological stations specified in clause 2 Article 10 of this Decree;

d) Failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where stations are located after dissolution of special-purpose hydrometeorological stations specified in clause 3 Article 10 of this Decree;

dd) Failing to report or fully or accurately report exchange of hydrometeorological information/data or that on supervision of climate change with international organizations, foreign organizations and individuals to the Ministry of Natural Resources and Environment within the time limit specified in clause 2 Article 14 of this Decree;

e) Failing to publicly notify the residential community within the area before creation of impacts on weather according to clause 3 Article 15 of this Decree.

3. Regarding violations other than those specified in clause 2 of this Article, the ending time of the violation is the time on which the organization or individual no longer has the obligation to comply with regulations or begins to strictly comply with regulations.

4. Violations against regulations on hydrometeorology other than those specified in clause 2 and clause 3 of this Article that have been completed before competent on-duty persons detect these violations shall be determined as violations that have been completed.

5. If the violation is detected when the organization/individual has not completely fulfilled their obligation to comply with regulations or has not yet complied with regulations, it shall be considered as a violation in progress.

Article 4. Penalties, fines for administrative violations and remedial measures

1. Primary penalties, fines:

When committing any administrative violation against regulations on hydrometeorology, the violator shall incur a primary penalty that is a fine.  The maximum fine for an administrative violation against regulations on hydrometeorology imposed upon an individual is VND 50.000.000; and imposed upon an organization is VND 100.000.000.

2. Additional penalties:

a) Suspension of license for hydrometeorological forecasts and warnings for a fixed period of 01-12 months;

b) Confiscation of exhibits or means used to commit violations.

3. In addition to the primary and additional penalties, depending on the nature and severity of each administrative violation, the violator may be liable to remedial measures specified in points a, e and i clause 1 Article 28 of the Law on Handling of Administrative Violations and the following remedial measures:

a) Enforced cancellation of results, data, bulletins and printed matters and disposal of products obtained from commission of violations;

b) Enforced addition or installation of hydrometeorological monitoring stations or measurement instruments;

c) Enforced hydrometeorological monitoring;

d) Enforced notification of establishment, relocation, dissolution of special-purpose hydrometeorological stations;

dd) Enforced report on or provision of hydrometeorological information/data;

e) Enforced return of erased or falsified licenses.

4. Illegal profits earned from commission of violations specified in clauses 1, 2 and 3 Article 6, clause 4 Article 11; clauses 3 and 4 Article 13; clause 3 Article 14 and point b clause 4 Article 15 of this Decree shall be determined as follows:

a) The illegal profit obtained from an administrative violation specified in clause 1, 2 or 3 Article 6 of this Decree is the entire revenue earned by the violator from commission of the violation minus (-) the direct costs calculated according to economic-technical norms and unit price for establishment of each hydrometeorological bulletin pursuant to documents and invoices proving the legality and validity of such costs provided by the violator;

b) The illegal profit obtained from an administrative violation specified in clause 4 Article 11 of this Decree is the entire revenue earned from use of hydrometeorological information/data appropriated for purchase, sale or exchange;

c) The illegal profit obtained from an administrative violation specified in clause 3 Article 13 of this Decree is the entire revenue earned from use of hydrometeorological information/data provided free of charge for purchase, sale or exchange for profitable purposes;

d) The illegal profit obtained from an administrative violation specified in clause 4 Article 13 of this Decree is the entire revenue earned from provision of advice, design or investment in construction of a work or project through use of hydrometeorological information/data of unidentifiable origin or hydrometeorological information/data that is not certified by a competent agency/organization/individual for provision of advice, design or investment in construction of the work or project;

dd) The illegal profit obtained from an administrative violation specified in clause 3 Article 14 of this Decree is the entire revenue earned by the violator from exchange of information/data on hydrometeorology or supervision of climate change without a written agreement concluded by the Ministry of Natural Resources and Environment;

e) The illegal profit obtained from an administrative violation specified point b, clause 4 Article 15 of this Decree is the entire revenue earned by the violator from commission of the violation minus (-) the direct costs for impact on weather pursuant to documents and invoices proving the legality and validity of such costs provided by the violator;

5. The remedial measure which is the enforced return of the erased or falsified license shall be imposed on the violation specified in point c, clause 1 Article 6 of this Decree.

The violator shall submit its license which has been erased or falsified to the person that has power to impose penalties.  If a person that has power to issue a decision to impose penalties is not concurrently an agency or person that has power to grant the license, within 05 working days from the date of issuance of the decision to impose penalties, the person that has power to issue the decision to impose penalties shall send a notification of imposition of the remedial measure which is the enforced return of the erased or falsified license to the agency or person that has power to grant the license.

Article 5. Fines for administrative violations

1. The fines prescribed in Chapter II herein are imposed on administrative violations committed by individuals. The fine imposed upon an organization is twice as much as that imposed upon an individual for commission of the same administrative violation.

2. The fines imposed by the persons specified in Articles 16, 17, 18, 19, 20, 21 and 22 herein are those imposed upon administrative violations committed by individuals; the fine such a person may impose upon an organization is twice as much as that imposed upon an individual.

Chapter II

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON HYDROMETEOROLOGY, PENALTIES, FINES AND REMEDIAL MEASURES

Article 6. Violations against regulations on licenses for hydrometeorological forecasts and warnings

1. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for one of the following violations:          

a) Failing to adhere to the scope of hydrometeorological forecasts and warnings as prescribed in the license;

b) Providing information on hydrometeorological forecasts and warnings for recipients not specified in the license;

c) Erasing or falsifying the license;

d) Issuing hydrometeorological forecasts and warnings when the license has expired for less than 06 months;

dd) Failing to follow procedures that have been registered in the application for the license.

2. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for an act of arbitrarily lending or leasing the license.

3. A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for one of the following violations:

a) Giving hydrometeorological forecasts and warnings without the license;

b) Issuing hydrometeorological forecasts and warnings when the license has expired for 06 months or more;

4. Additional penalties:

a) Suspension of the license for hydrometeorological forecasts and warnings for a fixed period of 06-12 months with regard to the violation specified in point a or point b clause 1 of this Article;

b) Confiscation of exhibits or means used to commit the violations specified in points c and d clause 1, clause 2 and point b clause 3 of this Article.

5. Remedial measures:

a) Enforced return of the erased or falsified license to the person that has power to impose penalties with regard to the violation specified in point c clause 1 of this Article;

b) Enforced return of illegal profits earned from commission of the violations specified in clauses 1, 2 and 3 of this Article;

c) Enforced cancellation of results, data, bulletins and printed matters and disposal of products obtained from commission of the violations specified in clause 1 and clause 3 of this Article.

Article 7. Violations against regulations on hydrometeorological forecasts and warnings

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for an act of failing to report or fully report results of hydrometeorological forecasts and warnings according to regulations.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following violations:

a) Failing to comply with technical standards and regulations on, and follow professional procedures for hydrometeorological forecasts and warnings;

b) Failing to comply with technical standards and regulations on, and follow professional procedures for assessment of quality of hydrometeorological forecasts and warnings;

c) Failing to comply with technical standards and regulations on, and follow professional procedures for type and duration of a hydrometeorological bulletin.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for one of the following violations:

a) Failing to forecast the inflow and capacity of reservoir water level increase according to regulations of law on dam and reservoir safety;

b) Issuing each type of hydrometeorological bulletins that are unreliable 03 consecutive times within 01 month.

4. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for one of the following violations:

a) Intentionally providing hydrometeorological bulletins in a false manner;

b) Intentionally violating technical standards and regulations on, or failing to follow professional procedures for hydrometeorological forecasts and warnings;

5. Additional penalties:

a) Suspension of the license for hydrometeorological forecasts and warnings for a fixed period of 03-06 months with regard to one of the violations specified in clause 2 of this Article;

b) Suspension of the license for hydrometeorological forecasts and warnings for a fixed period of 06-12 months with regard to the violation specified in point b clause 3 of this Article;

Article 8. Violations against regulations on transmission and release of hydrometeorological bulletins

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for an act of transmitting or releasing hydrometeorological bulletins without clearly stating their origins.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for an act of transmitting or releasing hydrometeorological bulletins of unknown origin.   

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for an act of transmitting or releasing hydrometeorological bulletins for natural disasters in an insufficient manner.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for an act of transmitting or releasing hydrometeorological bulletins for natural disasters after the prescribed time.

5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for one of the following violations:

a) Failing to transmit or release hydrometeorological bulletins for natural disasters;

b) Committing frauds involved in origins of hydrometeorological bulletins for natural disasters upon transmission or release of such bulletins;

c) Transmitting or releasing hydrometeorological bulletins for natural disasters in a false manner;

d) Intentionally providing false information on hydrometeorological forecasts or warnings about natural disasters.

6. Remedial measure:

Enforced correction of false or misleading information with regard to the violations specified in points b,c and c clause 5 of this Article.

Article 9. Violations against regulations on hydrometeorological monitoring

1. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for one of the following violations:

a) Installing hydrometeorological measurement instruments in locations other than monitoring locations;

b) Monitoring hydrometeorology in wrong locations.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following violations:

a) Monitoring hydrometeorological elements in an insufficient manner;

b) Monitoring hydrometeorology with insufficient frequency; 

c) Monitoring hydrometeorology against the prescribed schedule.

3. A fine ranging from VND 15.000.000 to VND 25.000.000 shall be imposed for an act of installing hydrometeorological monitoring stations without assurance of density.

4. A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for an act of intentionally violating technical regulations or standards, or failing to follow professional procedures for hydrometeorological monitoring.

5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for an act of failing to monitor hydrometeorology.

6. Remedial measures:

a) Enforced addition or installation of hydrometeorological monitoring stations or measurement instruments with regard to the violations specified in point a clause 1 and clause 3 of this Article;

b) Enforced monitoring of hydrometeorology with regard to the violation specified in clause 5 of this Article.

Article 10. Violations against regulations on establishment, relocation or dissolution of special-purpose hydrometeorological stations by organizations and individuals

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for an act of failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where special-purpose hydrometeorological stations are located after establishment of such stations.

2. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for an act of failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where special-purpose hydrometeorological stations are located after relocation of such stations.

3. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for an act of failing to notify the Ministry of Natural Resources and Environment and hydrometeorological authorities of provinces where special-purpose hydrometeorological stations are located after dissolution of such stations.

4. Remedial measure:

Enforced notification of establishment, relocation, dissolution of special-purpose hydrometeorological stations with regard to the violations specified in clauses 1, 2 and 3 of this Article.

Article 11. Violations against regulations on provision of hydrometeorological monitoring information/data

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following violations:

a) Providing hydrometeorological monitoring information/data against the prescribed schedule;

b) Insufficiently providing hydrometeorological monitoring information/data.

2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for an act of falsifying hydrometeorological monitoring information/data upon provision.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for an act of concealing or failing to provide hydrometeorological monitoring information/data.

4. A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for an act of appropriating hydrometeorological information/data.

5. Remedial measures:

a) Enforced report on or provision of hydrometeorological information/data with regard to the violations specified in point b clause 1 and clause 3 of this Article;

b) Enforced correction of false or misleading information with regard to the violation specified in clause 2 of this Article; 

b) Enforced return of illegal profits earned from commission of the violation specified in clause 4 of this Article.

Article 12. Violations against regulations on utilization and protection of hydrometeorological works

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for one of the following violations:

a) Burning fire or spraying water, affecting works of hydrometeorological stations;

b) Obstructing utilization and operation of hydrometeorological works and hydrometeorological measurement instruments.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for an act of using water or discharging water into technical corridors, affecting the operation of hydrometeorological works.

3. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for one of the following violations:

a) Encroaching on or occupying airspace, ground, underground, water surface, or underwater area; planting trees, constructing works or placing materials or equipment within technical corridors of hydrometeorological works, affecting the operation of hydrometeorological works;

b) Building dams and blocking flows in technical corridors, affecting the operation of works of hydrometeorological stations;

c) Digging riverbeds, river banks, or exploiting minerals in technical corridors, affecting the operation of works of hydrometeorological stations;

d) Dumping garbage or waste, or placing other construction materials into riverbeds or river banks in technical corridors, affecting the operation of works of hydrometeorological stations;

dd) Installing heat-generating structures and equipment, affecting the operation of works of hydrometeorological stations;

4. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for an act of relocating, distorting, affecting or damaging boundary markers of technical corridors of hydrometeorological works.

5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for an act of infringing, colliding, destroying or relocating  hydrometeorological works, benchmarks or boundary markers of technical corridors of hydrometeorological works, causing adverse effects or damage.

6. A fine shall be imposed for an act of damaging measure instruments, communication equipment or other technical equipment of hydrometeorological works. To be specific:

a) A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth less than VND 100.000.000;

b) A fine ranging from VND 8.000.000 to VND 10.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth from VND 10.000.000 to less than VND 50.000.000;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth from VND 50.000.000 to less than VND 100.000.000;

d) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth from VND 100.000.000 to less than VND 300.000.000;

dd) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth from VND 300.000.000 to less than VND 500.000.000;

e) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for an act of damaging a measure instrument, communication equipment or another technical equipment worth more than VND 500.000.000;

7. Administrative penalties or fines for acts of anchoring, stopping and parking ships or other vehicles in wrong places at hydrometeorological works shall be imposed according to regulations of laws on prevention and management of natural disasters; irrigation; and dykes.

8. Additional penalty:

Confiscation of exhibits or means used to commit the violations specified in clause 1 and clause 4 of this Article.

9. Remedial measure:

Enforced restoration to the original condition with regard to the violations specified in point b clause 1 and clauses 2,3,4,5 and 6 of this Article.  

Article 13. Violations against regulations on access to or use of hydrometeorological monitoring information/data

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for an act of failing to update information/data to the latest year in which the design of a socio-economic development work, program, plan or project is approved.

2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for an act of using hydrometeorological information/data for wrong purposes.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for an act of using hydrometeorological information/data provided free of charge for purchase/sale/exchange for profitable purposes.

4. A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for one of the following violations:

a) Using hydrometeorological information/data of unknown origin for provision of advice, design, investment in construction of a work or project, unless otherwise prescribed by law;

b) Using hydrometeorological information/data which is not certified by a competent agency/organization/individual for provision of advice, design, investment in construction of a work or project, unless otherwise prescribed by law;

5. Remedial measures:

a) Enforced report on or provision of hydrometeorological information/data with regard to the violation specified in clause 1 of this Article.

b) Enforced return of illegal profits earned from commission of the violations specified in clause 3 and clause 4 of this Article.

Article 14. Violations against regulations on exchange of information/data on hydrometeorology or supervision of climate change with international organizations, foreign organizations and individuals, not regulated by international treaties to which the Socialist Republic of Vietnam is a signatory

1. A fine shall be imposed for an act of failing to comply with one of the regulations stated in the written agreement concluded by the Ministry of Natural Resources and Environment on exchange of information/data on hydrometeorology or supervision of climate change with an international organization, foreign organization or individual, not regulated by an international treaty to which the Socialist Republic of Vietnam is a signatory. To be specific:

a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for an act of exchanging information/data for purposes other than those specified in the written agreement; 

b) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for an act of exchanging information/data with incorrect name/address of the international organization, foreign organization or individual stated in the written agreement;

c) A fine ranging from VND 7.000.000 to VND 9.000.000 shall be imposed for an act of exchanging or providing information/data with incorrect type or quantity;

d) A fine ranging from VND 9.000.000 to VND 11.000.000 shall be imposed for an act of exchanging information/data against the schedule specified in the written agreement; 

dd) A fine ranging from VND 11.000.000 to VND 13.000.000 shall be imposed for an act of exchanging information/data by the form other than that specified in the written agreement;

e) A fine ranging from VND 13.000.000 to VND 15.000.000 shall be imposed for an act of failing to exchange information/data within the time limit specified in the written agreement; 

2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for an act of failing to report or fully or accurately report exchange of information/data on hydrometeorology or supervision of climate change with the international organization, foreign organization or individual to the Ministry of Natural Resources and Environment within the prescribed time limit.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for an act of exchanging information/data on hydrometeorology or supervision of climate change without the written agreement concluded by the Ministry of Natural Resources and Environment.

4. Remedial measures:

a) Enforced report on or provision of hydrometeorological information/data with regard to the violation specified in clause 2 of this Article; 

b) Enforced return of illegal profits earned from commission of the violation specified in clause 3 of this Article.

Article 15. Violations against regulations on impacts on weather

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for an act of failing to properly implement a plan to make impacts on weather, approved by a competent regulatory authority.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for one of the following violations:

a) Failing to adjust the plan to make impacts on weather when there is a change in one of the basic contents of the plan specified in clause 2, Article 44 of the Law on Hydrometeorology and personnel stated in the approved plan, thereby affecting the implementation of the plan;

b) Failing to adjust the plan to make impacts on weather when there are objective changes in hydrometeorological conditions, national defense and security, affecting the implementation of the plan;

c) Failing to adjust the plan to make impacts on weather when requested by the competent authority.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for an act of failing to publicly notify the residential community within the area before creation of impacts on weather:

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for one of the following violations:

a) Failing to implement safety measures and minimize negative impacts according to the approved plan;

b) Making impacts on weather without the approved plan.

5. Additional penalty:

Confiscation of exhibits or means used to commit the violations specified in clause 1 and point b clause 4 of this Article.

6. Remedial measure:

Enforced return of illegal profits earned from commission of the violation specified in point b clause 4 of this Article.

Chapter III

POWER TO IMPOSE PENALTIES AND POWER TO RECORD ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON HYDROMETEOROLOGY

Article 16. Power to impose administrative penalties of Chairpersons of People’s Committees at all levels

1. The Chairperson of the commune-level People’s Committee shall have the power to:

a) Impose a fine up to VND 5.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 10.000.000.

2. The Chairperson of the district-level People’s Committee shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

3. The Chairperson of the provincial People’s Committee shall have the power to:

a) Impose a fine up to VND 50.000.000 according to regulations of this Decree;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

Article 17. Power to impose administrative penalties of natural resources and environment inspecting authorities

1. Chief Inspector or Inspector of the provincial Department of Natural Resources and Environment shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations and worth up to VND 50.000.000;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

2. Chief of specialized inspectorate of the Ministry of Natural Resources and Environment, the provincial Chief Inspector shall have the power to:

a) Impose a fine up to VND 35.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations and worth up to VND 70.000.000;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

3. Chief Inspector of the Ministry of Natural Resources and Environment shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

Article 18. Power to impose administrative penalties of People's Public Security Force

1. Head of company-level Mobile Police Unit, Head of police station, or Leader of soldiers of people’s public security force shall have the power to impose a fine up to VND 1.500.000.

2. Commune-level Police Chief, Head of Police Post, Head of Police Station at a border gate, export processing zone, Head of International Airport Police Office, Major of Mobile Police Battalion, or Captain of Squadron shall have the power to:

a) Impose a fine up to VND 2.500.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 5.000.000.

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Head of district-level police agency; Head of professional division affiliated to Traffic Police Department; Captain of Squadron; Heads of provincial-level police departments, including: Head of Investigation Police Division for Corruption, Economic and Smuggling Crimes, Head of Traffic Police Division, Head of Economic Security Division; Colonel of Mobile Police Regiment shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations and worth up to VND 20.000.000;

d) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Director of Provincial-level Police Department shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in point a and point i clause 1 Article 28 of the Law on Handling of Administrative Violations and point a clause 3 Article 4 of this Decree.

5. Director of Economic Security Department, Director of Police Department for Investigation into Corruption, Economic and Smuggling Crimes, Director of Traffic Police Department, Director of Police Department for Prevention and Control of Environmental Crimes shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in point a and point i clause 1 Article 28 of the Law on Handling of Administrative Violations and point a clause 3 Article 4 of this Decree.

Article 19. Power to impose administrative penalties of Border Guard Forces

1. Leader of Task Force Team for drug and crime prevention and control affiliated to Task Force Commission for drug and crime prevention and control shall have the power to:

a) Impose a fine up to VND 5.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 10.000.000.

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Head of border-guard post, Commander of border-guard flotilla or Commander of Port Border Guard shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 20.000.000;

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Leader of Task Force Team for drug and crime prevention and control affiliated to the Department of Drug and Crime Prevention and Control under the control of the Command of Border Guards shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 50.000.000;

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Commander of Provincial-level Border Guard Force, Captain of Naval Border Guard Squadron, and Director of the Department of Drug and Crime Prevention and Control affiliated to the Command of Border Guards shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 20. Power to impose administrative penalties of Coast Guard

1. Commander of Coastguard Platoon shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 20.000.000;

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Captain of Naval Border Guard Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam shall have the power to:

a) Impose a fine up to VND 15.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 30.000.000; 

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Regional Command of Coast Guard and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate exhibits or means used to commit violations;  

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Commander of Vietnam Coast Guard shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Confiscate exhibits or means used to commit violations; 

c) Implement remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 21. Power to impose administrative penalties of Maritime Administrations, Airport Authorities, Inland Waterway Port Authorities

1. Chief representative of Maritime Administration, Chief representative of Airport Authority, Chief representative of Inland Waterway Port Authority shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate exhibits or means used to commit violations and worth up to VND 20.000.000.

2. Director of Maritime Administration, Director of Airport Authority, Director of Inland Waterway Port Authority shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in point d clause 3 Article 4 of this Decree.

Article 22. Power to impose administrative penalties of specialized inspectors/inspectorates conducting transport, construction, industry and trade, agriculture and rural development, science and technology and information and communications inspections

1. Chief Inspector, Head of Inspectorate of Department of Transport, Department of Industry and Trade, Department of Agriculture and Rural Development, Department of Science and Technology, Department of Construction, Department of Information and Communications, Chief Inspector of Civil Aviation Authority of Vietnam shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations and worth up to VND 50.000.000; 

d) Implement remedial measures specified in point d clause 3 Article 4 of this Decree.

2. Head of specialized inspectorate of the Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Science and Technology, Ministry of Construction, Ministry of Information and Communications shall have the power to:

a) Impose a fine up to VND 35.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations and worth up to VND 70.000.000; 

d) Implement remedial measures specified in point d clause 3 Article 4 of this Decree.

3. Chief Inspector of the Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Science and Technology, Ministry of Construction, Ministry of Information and Communications, Civil Aviation Authority of Vietnam shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend license for hydrometeorological forecasts and warnings for a fixed period;

c) Confiscate exhibits or means used to commit violations;

d) Implement remedial measures specified in clause 3 Article 4 of this Decree.

Article 23. Power to record administrative violations

Persons that have the power to record administrative violations include:

1. Persons that have the power to impose penalties for administrative violations against regulations on hydrometeorology.

2. On-duty public employees assigned to conduct inspections of Viet Nam Meteorological and Hydrological Administration affiliated to the Ministry of Natural Resources and Environment.

Article 24. Determination of power to impose penalties

1. Chairpersons of People’s Committees at all levels shall have the power to impose penalties for the administrative violations specified in Chapter II of this Decree under their management and implement remedial measures within their jurisdiction.

2. Natural resources and environment inspecting authorities shall have the power to impose penalties for the administrative violations specified in Chapter II of this Decree and implement remedial measures within their jurisdiction.

3. People’s Public Security Forces shall have the power to impose penalties for the administrative violations specified in Chapter II of this Decree and implement remedial measures within their jurisdiction.

4. Border Guard shall have the power to impose penalties for the administrative violations specified in Article 9 and Article 12 of this Decree under their management and implement remedial measures within their jurisdiction.

5. Coast Guard shall have the power to impose penalties for the administrative violations specified in Article 9 and Article 12 of this Decree under their management and implement remedial measures within their jurisdiction.

6. Maritime Administrations, Airport Authorities, Inland Waterway Port Authorities shall have the power to impose penalties for the administrative violations specified in Articles 6, 7, 8, 9, 10, 11, 12 and 13 of this Decree under their management and implement remedial measures within their jurisdiction.

7. Specialized inspectors/inspectorates conducting industry and trade inspections shall have the power to impose penalties for the administrative violations specified in clause 3 Article 7 and Article 9 of this Decree under their management and implement remedial measures within their jurisdiction.

8. Specialized inspectors/inspectorates conducting transport inspections shall have the power to impose penalties for the administrative violations specified in Articles 6, 7, 8, 9, 10, 11, 12 and 13 of this Decree under their management and implement remedial measures within their jurisdiction.

9. Specialized inspectors/inspectorates conducting agriculture and rural development inspections shall have the power to impose penalties for the administrative violations specified in clause 3 Article 7 and Article 9 of this Decree under their management and implement remedial measures within their jurisdiction.

10. Specialized inspectors/inspectorates conducting information and communication inspections shall have the power to impose penalties for the administrative violations specified in Article 8 of this Decree under their management and implement remedial measures within their jurisdiction.

11. Specialized inspectors/inspectorates conducting construction inspections shall have the power to impose penalties for the administrative violations specified in point b and point c clause 1, clause 4 and clause 5 Article 12 of this Decree under their management and implement remedial measures within their jurisdiction.

Chapter IV

IMPLEMENTATION CLAUSES

Article 25. Entry into force

1. This Decree enters into force from February 01, 2025.

2. This Decree annuls regulations in the following Decrees:

a) Clause 2, Article 1, Chapter II, point a, clause 2, Article 21; the phrase “khí tượng thủy văn” (hydrometeorology) in the title of the Decree, promulgation bases, the title of Chapter IV, Clauses 1 and 4, Article 1, Article 2, clause 1, Article 3, point a, clause 1, Article 20 of the Government’s Decree No. 173/2013/ND-CP dated November 13, 2013;

b) The Government’s Decree No. 84/2017/ND-CP dated July 18, 2017 on amendments to some articles of the Government’s Decree No. 173/2013/ND-CP dated November 13, 2013;

c) Article 3 of the Government’s Decree No. 04/2022/ND-CP dated January 06, 2022.

Article 26. Transition clauses

1. If a violation against regulations on hydrometeorology is committed before the effective date of this Decree, a violation record on which has been issued but a decision on imposition of administrative penalties has not been issued, regulations on imposition of administrative penalties shall apply as follows:

a) If the prescriptive period or the time limit for issuance of the decision on imposition of administrative penalties ends as prescribed in point c, clause 1 Article 65 of the Law on Handling of Administrative Violations, it is not required to issue the decision on imposition of administrative penalties but a decision on confiscation of any exhibit or mean used to commit the violation and implementation of remedial measures (if any) shall be issued.  The imposition of additional penalties and remedial measures shall comply with regulations of the Decree on penalties for administrative violations against regulations on hydrometeorology at the time on which the violation record is made.   If this Decree does not provide for legal liability or imposes less serious legal liability on such the violation, regulations of this Decree shall prevail.

b) If the time limit for issuance of the decision on imposition of administrative penalties has not expired, penalties/fines and remedial measures shall be imposed according to the Decree on penalties for administrative violations against regulations on hydrometeorology at the time on which the violation record is made.  If this Decree does not provide for legal liability or imposes less serious legal liability on such the violation, regulations of this Decree shall prevail.

2. If a violation against regulations on hydrometeorology is committed before the effective date of this Decree, a violation record on which has been issued and a decision on imposition of administrative penalties has been issued and effective but the decision has not yet been executed or fully executed, the decision on imposition of administrative penalties shall be abided by.

Article 27. Responsibilities for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree.

 

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Hong Ha