Vietnam: Will entities digging or embanking ponds or lakes within the safety perimeter of a hydraulic structure face penalties?
Will entities digging or embanking ponds or lakes within the safety perimeter of a hydraulic structure in Vietnam face penalties?
Under Point dd Clause 2 Article 24 of Decree 03/2022/ND-CP stipulating penalties for violations against regulations on assurance of hydraulic structure safety in Vietnam:
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:
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dd) Digging or embanking ponds or lakes within the safety perimeter of a hydraulic structure;
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Additionally, Clause 9 Article 24 of Decree 03/2022/ND-CP also stipulates the following 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, entities digging or embanking ponds or lakes within the safety perimeter of a hydraulic structure in Vietnam shall face a fine ranging from VND 5,000,000 to VND 10,000,000. In case of digging or embanking ponds or lakes outside of the safety perimeter of a hydraulic structure, no penalty is imposed. The violator is also required to restore to the original condition of the violation.
Will entities illegally extracting water from a hydraulic structure in Vietnam face penalties?
Under Point ddClause 6 Article 24 of Decree 03/2022/ND-CP stipulating penalties for violations against regulations on assurance of hydraulic structure safety in Vietnam:
6. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:
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d) Illegally extracting water from a hydraulic structure;
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Thus, entities illegally extracting water from a hydraulic structure in Vietnam shall be fined from VND 20,000,000 to VND 30,000,000 depending on the case. If the water extraction is permitted, the extractor can continue to extract water.
To determine whether your uncle is subject to administrative penalties, it is necessary to master whether the pond's location is within the safety perimeter of the hydraulic dam and whether the water extraction from the hydraulic dam is permitted. If the pond's location is within the safety perimeter of the hydraulic dam, your uncle may be fined from VND 5,000,000 to VND 10,000,000 and required to restore the original condition for the violation. If the water extraction is illegal, your uncle may be fined from VND 20,000,000 to VND 30,000,000.
Sincerely!
