Issuing Incorrect Disaster Forecast Bulletin May Be Fined Up to 50 Million VND

Decree 84/2017/ND-CP amends and supplements certain articles of Decree 173/2013/ND-CP dated November 13, 2013, of the Government of Vietnam, stipulating that the transmission and broadcasting of incorrect meteorological and hydrological disaster forecasts and warnings will be fined from VND 40 to 50 million.

Concurrently, the transmission and broadcasting of meteorological and hydrological disaster forecasts and warnings later than the stipulated time will also be fined from VND 20 to 30 million.

Decree 84/2017/ND-CP stipulates that administrative violations in the field of meteorology and hydrology include: violations of regulations on meteorological and hydrological forecasting and warnings; violations of regulations on managing and operating the meteorological and hydrological station network; violations of regulations on providing, exploiting, using, and exchanging meteorological and hydrological information and data; violations of regulations on weather modification and other violations related to meteorology and hydrology as stipulated in this Decree.

Increased Penalties

Decree 173/2013/ND-CP stipulates that organizations and individuals committing administrative violations in the field of meteorology, hydrology, surveying, and cartography will be subject to one of the main penalties according to the provisions, including temporary revocation of licenses from 3 to 12 months. Decree 84/2017/ND-CP extends the license revocation period to 3 to 24 months.

Decree 84/2017/ND-CP also increases the fines for conducting meteorological and hydrological forecasting and warning activities without a license to VND 25 to 30 million. The previous fine was only VND 10 to 15 million.

Decree 84/2017/ND-CP stipulates that activities inconsistent with the content recorded in the license; altering or falsifying the license content; conducting meteorological and hydrological forecasting and warning activities with an expired license will be fined from VND 15 to 20 million; and fines from VND 20 to 25 million for individuals or organizations assigning the use of their license to another or using someone else's license contrary to regulations.

Decree 84/2017/ND-CP also clearly stipulates that revoking the license from 3 to 6 months for failing to organize meteorological and hydrological forecasting and warning activities continuously for 12 months since the issuance of the license without notifying the licensing authority.

Revoking the license from 6 to 12 months for any of the following violations: Fraud in declaring content for licensing applications; continuing operations after a decision to suspend meteorological and hydrological forecasting and warning activities has been issued. Revoking the license from 12 to 24 months for utilizing the license to perform illegal activities.

Additional Penalties

Decree 84/2017/ND-CP also supplements penalties for violations related to the meteorological and hydrological forecasting and warning activities of licensed organizations and individuals.

Specifically, fines from VND 3 to 5 million for issuing meteorological and hydrological forecasts and warnings three consecutive times within one month that lack reliability; fines from VND 5 to 10 million for failing to report or inadequately reporting the results of meteorological and hydrological forecasting and warning activities.

Fines from VND 10 to 15 million apply to any of the following violations: Non-compliance with technical standards for meteorological and hydrological forecasting and warnings; non-compliance with technical processes and quality evaluation processes in meteorological and hydrological forecasting and warnings.

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