How much is fine for illegally backfilling irrigation trenches in Vietnam?

How much is fine for illegally backfilling irrigation trenches in Vietnam?

Article 8 of the Law on Irrigation 2017 stipulates prohibited acts in irrigation operations, according to which:

1. Develop and establish irrigation projects in breach of the irrigation planning that has been approved by the competent authority.

2. Dump wastes or sewage within the enclosure of an irrigation project; discharge wastewater in breach of laws and regulations into irrigation projects; perform other acts polluting water existing within irrigation works or facilities.

3. Ruin or, purposely or knowingly, damage irrigation works or facilities.

4. Perform illegal acts, such as blocking, backfilling, digging, or dredging or suctioning mud, sand or gravels from, rivers, canals, trenches, lakes or ponds, which result in impacts on irrigation operations.

5. Operate motor vehicles that exceed the maximum allowable mass on irrigation works or facilities; operate motor vehicles or inland watercraft on irrigation works or facilities without compliance with prohibition signs, except for types of vehicles or transport equipment allowed for traffic participation by laws on road and inland waterway traffic.

6. Hinder audits of irrigation operations.

7. Carry out illegal abstraction of water from irrigation works or facilities.

8. Operate irrigation works or facilities without obtaining permission; operate irrigation works or facilities in breach of regulatory procedures approved by the competent authority.

9. Protest, hinder or disobey the decision issued by a competent entity or person in response to emergencies taking place inside the perimeters of irrigation projects.

10. Encroach upon and illegal use land inside the perimeter of an irrigation work or facility.

11. Perform activities inside the perimeter of a irrigation work or facility without obtaining any license or carry out activities that are not specified in the license to carry out operations referred to in Article 44 hereof.

According to Clause 7, Clause 9, Article 24 of Decree 03/2022/ND-CP stipulates as follows:

7. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Demolishing or filling a hydraulic structure without permission;

b) Illegally building a house, bridge, embankment, production facility and other reinforced structures without an operation license within the safety perimeter of a hydraulic structure, which is not so serious that criminal prosecution may be brought;

c) Illegally blocking, backfilling, digging or dredging or suctioning mud, sand or gravels from, rivers, canals, trenches, lakes or ponds, which is not so serious that criminal prosecution may be brought;

d) Illegally creating areas for storage of raw materials, fuels, materials, supplies or vehicles or illegally storing raw materials, fuels, materials, supplies or vehicles within the safety perimeter of a hydraulic structure.

9. Remedial measures:

The violator is compelled to:

a) restore to the original condition if any of the violations specified in clause 1; points a, b, c, d and dd clause 2; clause 4; clause 5; points a, b and c clause 6; clause 7; clause 8 of this Article is committed;

b) return the illegal benefits obtained from the administrative violations specified in points d and dd clause 6 of this Article.

Thus, if violating regulations on illegal backfilling of irrigation trenches in Vietnam, they may be fined from 30,000,000 VND to 50,000,000 VND and forced to restore to the original condition with filled irrigation trenches.

Do public officials in the performance of their duty in relation to natural disaster management have the right to make administrative violation records of illegally backfilling irrigation trenches in Vietnam?

Pursuant to Article 37 of Decree 03/2022/ND-CP stipulating power to make administrative violation records, according to which:

1. Records of administrative violations against regulations on disaster management; irrigation; flood control systems shall be made as prescribed in Article 58 of the Law on Penalties for Administrative Violations and Government’s Decree on elaboration of the Law on Penalties for Administrative Violations.

2. Persons that have the power to make records of the violations against regulations specified in this Decree include:

a) The persons that have the power to make administrative violation records specified in Articles 38 to 46 of this Decree in the performance of their duty;

b) Public officials and public employees in the performance of their duty in relation to natural disaster management; irrigation; flood control systems;

c) Public officials and public employees of state inspecting authorities, authorities assigned to carry out specialized inspections in the performance of their duty;

d) People working for the People's Army and People's Public Security Forces in the performance of their duty.

3. The persons that have the power to make records specified in clause 2 of this Article shall issue decisions to impose penalties within their power or transfer the violation cases to persons having the power to impose penalties in accordance with regulations of law on imposition of penalties for administrative violations and this Decree.

According to this Article, while public officials in the performance of their duty in relation to natural disaster management still have the right to make administrative violation records when detecting illegal backfilling of irrigation trenches in Vietnam.

What are regulations on international cooperation in irrigation operations in Vietnam?

According to Article 7 of the Law on Irrigation 2017 stipulating international cooperation in irrigation operations, specifically as follows:

1. Show respect for independence, sovereignty, territorial integrity, equality and mutual interest in irrigation operations taking place on transnational and transboundary rivers or streams between Vietnam and other countries.

2. Comply with Vietnamese laws and international treaties concerning irrigation operations of which the Socialist Republic of Vietnam is a member state.

3. Exchange information about irrigation operations performed on transnational or transboundary rivers or streams between Vietnam and other countries.

4. Provide preferential treatment for international cooperation in respect of scientific research, technology transfer, training and experience sharing as well as mobilization of resources used in irrigation operations.

5. Play active roles in participating in international organizations relating to irrigation operations.

With this regulation in Vietnam, international cooperation activities in the field of irrigation shall comply with the above provisions.

Best Regards!