What are regulations on minerals of illegal origin inside Vietnamese territorial waters?

What are regulations on minerals of illegal origin inside Vietnamese territorial waters?

Pursuant to Clause 5 Article 9 of the Circular 105/2022/TT-BQP stipulating trade, use, retain, transport of minerals of illegal origin inside Vietnamese territorial waters as follows:

Violations against regulations on illegal transport, trading or ship-to-ship transfer of cargoes within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam specified in Article 15 of Decree No. 162/2013/ND-CP, amended by Clause 2 Article 1 of Decree No. 23/2017/ND-CP

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5. In case of transport, trading or ship-to-ship transfer of minerals of illegal origins, the handling of such violation shall comply with regulations in Point d Clause 1 Article 17 of Government’s Decree No. 98/2020/ND-CP dated August 26, 2020 on penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights, amended by Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 on amendment to Decrees on imposition of penalties for administrative violations in chemicals and industrial explosive materials; electricity, hydroelectricity dam safety, effective and efficient use of energy; commerce, production and trade of counterfeits and prohibited goods, and protection of consumer’s rights; petroleum, petrol, oil and gas trading

The minerals of illegal origin are minerals that fall outside cases specified in Article 14 of Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade. Minerals of legal origin shall:

- Be extracted or obtained from secondary mining from mines, mining spots and landfills within the effective period of the mining license and secondary mining license issued by the competent authority;

- Be imported according to the customs declaration of imports certified by the checkpoint customs;

- Be confiscated and liquidated by the competent authority.

As regulations above, minerals of legal origin shall:

- Be extracted or obtained from secondary mining from mines, mining spots and landfills within the effective period of the mining license and secondary mining license issued by the competent authority;

- Be imported according to the customs declaration of imports certified by the checkpoint customs;

- Be confiscated and liquidated by the competent authority.

What are the fines for transporting minerals of illegal origin with a total value of 4.000.000 VND inside Vietnamese territorial waters?

Pursuant to Clause 1.d and 3, Article 17 of the Decree 98/2020/NĐ-CP stipulating the fines for transporting minerals of illegal origin inside Vietnamese territorial waters as follows:

Violations involving expired goods or goods of unknown origin and involving in other violations

1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed for one of the following violations if the value of goods is less than VND 1.000.000:

a) Trading in goods (except pesticides and animal feeds) past the expiration date indicated in their labels or packages;

b) Swapping or changing labels or packages of goods, erasing or altering the expiration dates indicated on labels or packages of goods, or committing other frauds to extend the expiration dates of goods;

c) Trading in goods of unknown origin;

d) Trading in, transporting, storing or consuming minerals of illicit origin.

2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 1.000.000 to under VND 3.000.000.

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 3.000.000 to under VND 5.000.000.

4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 5.000.000 to under VND 10.000.000.

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Pursuant to Clause 4.b Article 4 of the Decree 98/2020/NĐ-CP (amended by Clause 1.b Article 3 of the Decree 17/2022/NĐ-CP) stipulating as follows:

Penalties and remedial measures

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4. Fines:

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b) Fines mentioned under Chapter II hereof apply to administrative violations committed by individual offenders, except for administrative violations under Article 33, Article 35, Article 68, Article 70, Clauses 6, 7, 8, and 9 Article 73, Clauses 6, 7, and 8 Article 77 hereof. Organization offenders shall be met with twice the fines applicable to individual offenders.

As regulations above, the fines for transporting minerals of illegal origin with a total value of 4.000.000 VND inside Vietnamese territorial waters are:

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on individuals.

- A fine ranging from VND 2.000.000 to VND 6.000.000 shall be imposed on organizatioons.

What are the fines for trading, detaining, transporting minerals of illegal origin with a total value of 200.000 VND inside Vietnamese territorial waters?

Pursuant to Clause 1.d Article 17 of the Decree 98/2020/NĐ-CP stipulating the fines for trading, detaining, transporting minerals of illegal origin inside Vietnamese territorial waters as follows:

Violations involving expired goods or goods of unknown origin and involving in other violations

1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed for one of the following violations if the value of goods is less than VND 1.000.000:

a) Trading in goods (except pesticides and animal feeds) past the expiration date indicated in their labels or packages;

b) Swapping or changing labels or packages of goods, erasing or altering the expiration dates indicated on labels or packages of goods, or committing other frauds to extend the expiration dates of goods;

c) Trading in goods of unknown origin;

d) Trading in, transporting, storing or consuming minerals of illicit origin.

2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 1.000.000 to under VND 3.000.000.

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 3.000.000 to under VND 5.000.000.

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Pursuant to Clause 4.b Article 4 of the Decree 98/2020/NĐ-CP (amended by Clause 1.b Article 3 of the Decree 17/2022/NĐ-CP) stipulating as follows:

Penalties and remedial measures

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4. Fines:

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b) Fines mentioned under Chapter II hereof apply to administrative violations committed by individual offenders, except for administrative violations under Article 33, Article 35, Article 68, Article 70, Clauses 6, 7, 8, and 9 Article 73, Clauses 6, 7, and 8 Article 77 hereof. Organization offenders shall be met with twice the fines applicable to individual offenders.

As regulations above, the fines for trading, detaining, transporting minerals of illegal origin with a total value of 200.000 VND inside Vietnamese territorial waters are:

- A fine ranging from VND 3000.000 to VND 500.000 shall be imposed on individuals.

- A fine ranging from VND 600.000 to VND 1.000.000 shall be imposed on organizatioons.

Best regards!