From July 22, 2022, the act of building works on border rivers and streams in Vietnam but having a plan to prevent water shortage will be fined up to VND 50,000,000?
- Penalties for violations of national border protection according to current regulations?
- In the near future, the act of building works on border rivers and streams in Vietnam without having a plan to prevent water depletion will be fined up to VND 50 million?
- Increase the sanction for the act of damaging border signs to 75,000,000 VND?
Penalties for violations of national border protection according to current regulations?
Pursuant to Decree 96/2020/ND-CP stipulating administrative sanctions for violations of regulations on management and protection of national borders as follows:
“Article 5. Violations against regulations on management and protection of national borders, border markers and border signs
1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:
a) The geological exploration, exploitation of natural resources and minerals under the license causes damage to the signs of the national border, national landmarks, stamp stakes, border markers, flagpoles, sovereignty steles on the island, base point; sea defense works, border works;
b) Dumping soil, rock and waste into border rivers and streams.
2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:
a) Damaging national boundary markers, stamp stakes, border line signs, border markers, flagpoles, base points, sovereignty steles on islands;
b) Changing the flow of border rivers or streams or affecting the national border line;
c) Construction of solid works within 30 meters from the land border line on the Vietnam - China border or 100 meters from the land border on the Vietnam - Laos and Vietnam border - Cambodia;
d) Illegally building works on border rivers and streams.
3. Additional sanctioning forms:
a) Confiscate exhibits and means of administrative violations, for violations specified in this Article;
b) Deprivation of the right to use mining and mineral exploration permits, construction permits, and construction permits for between 06 and 12 months, for violations specified at Point a, Clause 1; Point c, Point d Clause 2 of this Article;
c) Deportation of foreigners who commit violations specified in this Article.
4 Remedial measures: Forced to restore to original condition or forced to bear responsibility for costs to restore the original condition, forced dismantling of works, assignment of works without construction permits or construction construction not in accordance with the permit, for violations specified in this Article.”
Thus, based on administrative violations in the management and protection of national borders to determine the level of administrative sanctions according to the above provisions. In addition, individuals and organizations that commit administrative violations will also be subject to additional penalties and take remedial measures according to the above content.
Note: The above administrative sanction is only applicable to violators, in case of violation by organizations, the administrative sanction will be doubled.
From July 22, 2022, the act of building works on border rivers and streams in Vietnam but having a plan to prevent water shortage will be fined up to VND 50,000,000?
In the near future, the act of building works on border rivers and streams in Vietnam without having a plan to prevent water depletion will be fined up to VND 50 million?
Pursuant to Point a, Clause 6, Article 2 of Decree 37/2022/ND-CP stipulates as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
...
6. To amend and supplement a number of clauses of Article 5 as follows:
a) Amend and supplement the opening paragraph and add point c after point b, clause 1 as follows:
"first. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts:
c) There is no plan to prevent and combat the depletion of water sources, causing flooding when constructing works on border rivers and streams.”.
Thus, in the near future, if the act of building works on border rivers and streams on Vietnam without having a plan to prevent water depletion and causing flooding, they will be subject to an administrative fine of at least 30 million VND and the maximum is 50 million VND.
In addition, with the change of the provisions at point a, clause 6 of Decree 37/2022/ND-CP, in the coming time, the administrative sanction will increase from 30,000,000 to 50,000,000 VND for the following acts. after:
- Geological exploration, exploitation of natural resources and minerals under permits damage the national border signs, national landmarks, stamp stakes, border markers, flagpoles, sovereignty steles on islands. , base point; sea defense works, border works;
- Dumping soil, rock and waste into border rivers and streams.
Increase the sanction for the act of damaging border signs to 75,000,000 VND?
Pursuant to Point b, Clause 6, Article 2 of Decree 37/2022/ND-CP stipulates as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
...
6. To amend and supplement a number of clauses of Article 5 as follows:
...
b) Amending and supplementing the opening paragraph of Clause 2 as follows:
"2. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for one of the following acts:”.
Accordingly, with this change, in the near future, violations specified in Clause 2, Article 5 of Decree No. 96/2020/ND-CP will be subject to an administrative fine of at least VND 50,000,000 and a minimum of VND 50,000,000. maximum is 75,000,000 VND.
Note: The level of administrative sanction in the above content is only applied to violators, in case the violating organization will have to double sanction.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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