Changes in the administrative sanctioning competence of the People's Committees at all levels and the People's Public Security in the field of environment in Vietnam from August 25, 2022?
- Competence to impose administrative sanctions of People's Committees at all levels in the field of environment in Vietnam in the coming time?
- Changing some regulations on the administrative sanctioning competence of the People's Police in the field of environment in Vietnam?
- How will the specialized inspector of natural resources and environment have the authority to impose administrative sanctions on the environment in Vietnam?
Competence to impose administrative sanctions of People's Committees at all levels in the field of environment in Vietnam in the coming time?
Pursuant to Article 56 of Decree 45/2022/ND-CP stipulates as follows:
“Article 56. Authority to sanction administrative violations of Presidents of People's Committees at all levels
1. Chairpersons of commune-level People's Committees have the right to:
a) Impose a warning;
b) A fine of up to 5,000,000 VND;
c) Confiscate exhibits and means of administrative violations valued at up to VND 10,000,000;
d) Apply remedial measures specified at Points a, b, c and dd, Clause 3, Article 4 of this Decree.
2. Presidents of district-level People's Committees have the right to:
a) Impose a warning;
b) A fine of up to VND 100,000,000;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified at Points a, b, c, dd, e, g, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
3. Presidents of provincial-level People's Committees have the right to:
a) Impose a warning;
b) A fine of up to 1,000,000,000 VND;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.”
Thus, the People's Committees at all levels will have the authority to impose administrative sanctions in the field of environment in Vietnam according to the above provisions.
Accordingly, in the near future, the Chairman of the commune-level People's Committee will be able to confiscate material evidences and means of administrative violations valued at up to VND 10,000,000. According to current regulations, only material evidences and means will be confiscated with a maximum value of VND 5,000,000.
Changes in the administrative sanctioning competence of the People's Committees at all levels and the People's Public Security in the field of environment in Vietnam from August 25, 2022?
Changing some regulations on the administrative sanctioning competence of the People's Police in the field of environment in Vietnam?
Pursuant to Article 57 of Decree 45/2022/ND-CP stipulates as follows:
“Article 57. Competence to sanction administrative violations of the People's Police
1. People's Public Security soldiers on official duty have the right to:
a) Impose a warning;
b) A fine of up to 500,000 VND.
2. Station commanders and team captains of the persons specified in Clause 1 of this Article have the right to:
a) Impose a warning;
b) A fine of up to 1,500,000 VND.
3. The head of the commune-level police station, the head of the police station, the head of the border gate police station, the export processing zone, the head of the international airport's border-gate police station shall have the power to:
a) Impose a warning;
b) A fine of up to 2,500,000 VND;
c) Confiscate exhibits and means of administrative violations valued at up to VND 5,000,000;
d) Apply remedial measures specified at Points a, c and dd, Clause 3, Article 4 of this Decree.
4. District-level police chiefs; The head of the provincial-level Public Security Department, including the Head of the Environmental Crime Prevention and Control Department and the Head of the Immigration Department on duty, has the right to:
a) Impose a warning;
b) A fine of up to VND 25,000,000;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations valued at up to VND 50,000,000;
dd) Apply remedial measures specified at Points a, c, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
5. Provincial-level police chiefs have the right to:
a) Impose a warning;
b) A fine of up to VND 100,000,000;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified at Points a, c, dd, g, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
6. The Director of the Environmental Crime Prevention and Control Police Department and the Director of the Immigration Department while on official duty shall have the right to:
a) Impose a warning;
b) A fine of up to 1,000,000,000 VND;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified at Points a, c, dd, g, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.”
Accordingly, in the coming time, the administrative sanctioning competence of the People's Police in the field of environment in Vietnam will be implemented in accordance with the above provisions.
Thus, in the near future, the commune-level police chief will have the authority to confiscate exhibits and means of violation with a value of up to 5,000,000 VND. The head of the district-level police station will be entitled to confiscate material evidences and means of committing the crime up to VND 50,000,000. The director of the provincial police will have the authority to impose an administrative fine of up to VND 100,000,000.
How will the specialized inspector of natural resources and environment have the authority to impose administrative sanctions on the environment in Vietnam?
Pursuant to Article 58 of Decree 45/2022/ND-CP stipulates as follows:
“Article 58. Competence to sanction administrative violations of specialized inspectors of natural resources and environment
1. Inspectors specialized in natural resources and environment who are assigned to perform the task of specialized inspection of natural resources and environment while on official duty have the right to:
a) Impose a warning;
b) A fine of up to 500,000 VND;
c) Confiscate exhibits and means of administrative violations valued at up to VND 1,000,000;
d) Apply remedial measures specified at Points a, c and dd, Clause 3, Article 4 of this Decree.
…
4. The Chief Inspector of the Ministry of Natural Resources and Environment, the Director of the General Department of Environment has the right to:
a) Impose a warning;
b) A fine of up to 1,000,000,000 VND;
c) Deprive the right to use the license for a definite time or suspend the operation for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.”
Thus, in the near future, the specialized inspector of natural resources and environment will have the authority to impose administrative sanctions on the environment in Vietnam in accordance with the above regulations.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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