From August 25, 2022, will the National Defense Inspectorates have the authority to impose administrative penalties on the environment in Vietnam?
- What are the additional regulations on the authority to impose administrative penalties on the environment for the National Defense Inspectorates in Vietnam?
- What are the regulations on authority of the Border Guards to impose administrative penalties on the environment in Vietnam?
- What are the regulations on authority of the Coast Guards to impose administrative penalties on the environment in Vietnam?
What are the additional regulations on the authority to impose administrative penalties on the environment for the National Defense Inspectorates in Vietnam?
Pursuant to Article 59 of Decree 45/2022/ND-CP stipulates as follows:
“Article 59. Authority of the National Defense Inspectorates
1. The head of the specialized inspection team of the Ministry of National Defense has the right to:
a) Issue warnings;
b) Impose fines of up to VND 250,000,000;
c) Revoke licenses or suspend the operation temporarily;
d) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 500,000,000;
dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.
2. The Chief Inspector of the Ministry of National Defense has the right to:
a) Issue warnings;
b) Impose fines of up to 1,000,000,000 VND;
c) Revoke licenses or suspend the operation temporarily;
d) Confiscate exhibits and means of administrative violations;
dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.”
Thus, the specialized inspection team of the Ministry of National Defense will have the authority to impose a maximum administrative penalty on the environment of VND 250,000,000, the maximum administrative penalty of the Chief Inspector of the Ministry of Defense will be 1.00. 000 000 dong.
From August 25, 2022, will the National Defense Inspectorates have the authority to impose administrative penalties on the environment in Vietnam?
What are the regulations on authority of the Border Guards to impose administrative penalties on the environment in Vietnam?
Pursuant to Article 60 of Decree 45/2022/ND-CP stipulates as follows:
“Article 60. Authority of the Border Guards
1. Border guard soldiers on official duty have the right to:
a) Issue warnings;
b) Impose fines of up to 500,000 VND.
2. Station commanders and team captains of the person specified in Clause 1 of this Article have the right to:
a) Issue warnings;
b) Impose fines of up to 2,500,000 VND.
3. The captain of the Special Task Force on Drugs and Crime Prevention of the Task Force on Drugs and Crime Prevention has the right to:
a) Issue warnings;
b) Impose fines of up to VND 10,000,000;
c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 20,000,000;
d) Impose the remedial measures mentioned in Points a, c and dd, Clause 3, Article 4 of this Decree.
4. The Commander of the Border Guard Station, the Captain of the Border Guard Squadron, and the Commander of the Commanding Board of the Border Guard at the port border gate shall have the power to:
a) Issue warnings;
b) Impose fines of up to VND 25,000,000;
c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 50,000,000;
d) Impose the remedial measures mentioned in Points a, c, d, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
5. The leader of the Special Task Force on Drug and Crime Prevention of the Drug and Crime Prevention Department of the Border Guard Command has the power to:
a) Issue warnings;
b) Impose fines of up to VND 100,000,000;
c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 200,000,000;
d) Impose the remedial measures mentioned in Points a, c, d, dd, g, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
6. Provincial-level border guard commanders; The Commander of the Border Guard Squadron and the Director of the Drug and Crime Prevention Department under the Border Guard Command has the power to:
a) Issue warnings;
b) Impose fines of up to 1,000,000,000 VND;
c) Revoke licenses or suspend the operation temporarily;
d) Confiscate exhibits and means of administrative violations;
dd) Impose the remedial measures mentioned in Points a, c, d, dd, g, h, i, k, l, m, n and o Article 4 of this Decree.”
Accordingly, based on the working position and position of the Border Guard to determine the competence to impose administrative penalties, apply remedial measures, etc., according to the above provisions.
What are the regulations on authority of the Coast Guards to impose administrative penalties on the environment in Vietnam?
Pursuant to Article 61 of Decree 45/2022/ND-CP stipulates as follows:
“Article 61. Authority of the Coast Guard
1. Coast Guard officers on duty have the right to:
a) Issue warnings;
b) Impose fines of up to 1,500,000 VND.
2. The head of the Coast Guard Operational Team has the right to:
a) Issue warnings;
b) Impose fines of up to 5,000,000 VND.
3. The captain of the Coast Guard professional team and the station commander of the Coast Guard station has the right to:
a) Issue warnings;
b) Impose fines of up to VND 10,000,000;
c) Impose the remedial measures mentioned in Points a, c and dd, Clause 3, Article 4 of this Decree.
4. The captain of the Coast Guard Squadron has the right to:
a) Issue warnings;
b) Impose fines of up to VND 25,000,000;
c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 50,000,000;
d) Impose the remedial measures mentioned in Points a, c, d, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
5. Captain of the Coast Guard Squadron, Chief of the Reconnaissance Squadron, and Leader of the Special Task Force for Drug Crime Prevention under the Coast Guard Command Vietnam has the right to:
a) Issue warnings;
b) Impose fines of up to VND 50,000,000;
c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 100,000,000;
d) Impose the remedial measures mentioned in Points a, c, d, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
6. The Commander of the Coast Guard Region, the Director of the Legal and Professional Affairs Department under the Vietnam Coast Guard Command has the power to:
a) Issue warnings;
b) Impose fines of up to VND 100,000,000;
c) Deprivation of the right to use the license for a definite time;
d) Confiscate exhibits and means of administrative violations;
dd) Impose the remedial measures mentioned in Points a, c, d, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.
7. The Commander of the Vietnam Coast Guard has the right to:
a) Issue warnings;
b) Impose fines of up to 1,000,000,000 VND;
c) Revoke licenses or suspend the operation temporarily;
d) Confiscate exhibits and means of administrative violations;
dd) Impose the remedial measures mentioned in Points a, b, c, d, dd, h, i, k, l, m, n and o, Clause 3, Article 4 of this Decree.”
Accordingly, based on the position and working position of the Coast Guard to determine the competence to impose administrative penalties, apply remedial measures, etc. in the field of environment according to the above regulations.
Decree 45/2022/ND-CP takes effect from August 25, 2022.
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