Penalties for violations of regulations on weather modification in Vietnam from February 1, 2025

Penalties for violations of regulations on weather modification in Vietnam from February 1, 2025​ (Image from Internet)

On December 10, 2024, the Government of Vietnam issued Decree 155/2024/ND-CP stipulating administrative sanctions in the field of meteorology and hydrology.

Penalties for violations of regulations on weather modification in Vietnam from February 1, 2025

According to Article 15 of Decree 155/2024/ND-CP, the penalties for violations of regulations on weather modification in Vietnam are as follows:

- Fines ranging from 10,000,000 VND to 20,000,000 VND for actions not following the approved plan for weather modification by the competent state authority.

- Fines ranging from 20,000,000 VND to 30,000,000 VND for any of the following violations:

+ Not adjusting the weather modification plan when there are changes to any of the fundamental contents of the plan as stipulated in Clause 2, Article 44 of the 2015 Meteorology and Hydrology Law. To be specific:

“Article 44. Development, Approval, and Monitoring of Weather Modification Plans

…

2. The weather modification plan must include the following fundamental contents:

a) Purpose of weather modification as stipulated in Article 42 of this Law;

b) Expected area for weather modification activities;

c) Scheduled time for weather modification activities;

d) Solutions for performing weather modification activities;

đ) Agencies and organizations expected to carry out weather modification activities;

e) Plans to ensure safety and minimize negative impacts from weather modification activities.”

And the personnel mentioned in the approved weather modification plan lead to an impact on the implementation of the plan;

+ Not adjusting the weather modification plan when there is an objective change in meteorological, hydrological, defense, or security conditions that impact the implementation of the plan;

+ Not adjusting the weather modification plan upon the request of the competent authority.

- Fines ranging from 30,000,000 VND to 40,000,000 VND for not publicly notifying the local community before conducting weather modification activities.

- Fines ranging from 40,000,000 VND to 50,000,000 VND for any of the following violations:

+ Failing to implement safety solutions and minimize negative impacts according to the approved plan;

+ Conducting weather modification without an approved plan.

- Additional sanctions: Confiscation of materials and equipment used for violations stipulated in Clause 1 and Point b, Clause 4, Article 15 of Decree 155/2024/ND-CP.

- Remedial measures: Compulsory return of illegal profits gained from violations stipulated at Point b, Clause 4, Article 15 of Decree 155/2024/ND-CP.

Note: The fine levels stipulated in Chapter II of Decree 155/2024/ND-CP are fines for individuals committing administrative violations. For organizations with the same violation, the fine will be 02 times the fine for individuals. (According to Clause 1, Article 5 of Decree 155/2024/ND-CP)

Refer to more details in the Decree 155/2024/ND-CP effective from February 1, 2025.

Decree 155/2024/ND-CP annuls the content in the following Decrees:

- Clause 2, Article 1, Chapter II, Point a, Clause 2, Article 21; the phrase “meteorology and hydrology” in the title of the Decree, its issuing basis, the title of Chapter IV, in Clause 1 and Clause 4, Article 1, in Article 2, in Clause 1, Article 3, Point a, Clause 1, Article 20 of Decree 173/2013/ND-CP of the Government of Vietnam prescribing administrative sanctions in the field of meteorology, hydrology, surveying, and mapping;

- Decree 84/2017/ND-CP of the Government of Vietnam amending and supplementing several articles of Decree 173/2013/ND-CP of the Government of Vietnam prescribing administrative sanctions in the field of meteorology, hydrology, surveying, and mapping;

- Article 3 of Decree 04/2022/ND-CP of the Government of Vietnam amending and supplementing several articles of decrees on administrative sanctions in the fields of land, water resources and minerals, meteorology, hydrology, surveying, and mapping.

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