On the basis of the guiding views on policies in the field of disaster prevention and control, exploitation, and protection of irrigation works and dikes, the Ministry of Agriculture and Rural Development is drafting a Decree on administrative penalties in these areas.
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Implementing the Law on Handling Administrative Violations 2012; Ordinance on the Exploitation and Protection of Hydraulic Works; Law on Dykes; Ordinance on Flood and Storm Prevention and Control, the Government of Vietnam has promulgated Decree No. 139/2013/ND-CP dated October 22, 2013, on the sanctioning of administrative violations related to the exploitation and protection of hydraulic works; dykes; flood and storm prevention and control.
The implementation of Decree 139 has seen positive outcomes, contributing to raising public awareness; preventing and combating administrative violations in the fields of exploitation and protection of hydraulic works, dykes, and disaster prevention and control; ensuring order and discipline in state management activities in these fields. However, the Decree also reveals certain limitations, such as: some provisions being too general and not specific, leading to inconsistent interpretations and difficulties in enforcement; some penalties being too low and not acting as a deterrent, resulting in repeated violations; certain provisions being outdated compared to current legal documents, thus limiting the effectiveness of dealing with violations, and leading to more frequent violations of the protection scope of hydraulic works and dykes.
After the Decree 139 was applied, the Law on Natural Disaster Prevention and Control was enacted and effective from May 1, 2014, simultaneously rendering the Ordinance on Flood and Storm Prevention and Control ineffective. Subsequently, several guiding documents for the Law on Natural Disaster Prevention and Control were introduced, adjusting many provisions and expanding their scope. Therefore, to align with newly enacted legal documents, and to address the limitations of Decree 139, it is necessary to develop a new Decree on the sanctioning of administrative violations in the areas of natural disaster prevention and control, and the exploitation and protection of hydraulic works and dykes. This will meet management requirements and ensure consistency in state administrative handling policies.
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Currently, the Ministry of Agriculture and Rural Development is soliciting feedback for the draft Decree on the sanctioning of administrative violations in the fields of natural disaster prevention and control, exploitation and protection of hydraulic works, and dykes. The draft Decree initially comprises 6 Chapters and 35 Articles, with the primary content as follows:
Chapter I: General Provisions (Retaining the regulations of Decree No. 139/2013/ND-CP)
- Scope of regulation- Subjects of administrative sanctions- Forms of sanctions and remedial measures- Regulation on penalty amounts
Chapter II: Provisions on Administrative Violations and Sanctions in the Field of Natural Disaster Prevention and Control
Based on the implementation of Decree No. 139/2013/ND-CP and the Law on Natural Disaster Prevention and Control and related legal documents, several appropriate provisions will be amended and supplemented, such as:
- Violations causing damage or obstructing the operation of natural disaster prevention structures;- Violations in disaster response implementation;- Violations regarding rescue activities in natural disaster prevention;- Violations in disaster aftermath mitigation work;- Violations in investment and construction activities;- Violations in developing and implementing disaster response plans;- Violations regarding contributions to the Disaster Prevention Fund;- Violations concerning unregistered activities of foreign organizations, international organizations operating in Vietnam in natural disaster prevention.
Chapter III: Provisions on Administrative Violations and Sanctions in the Field of Exploitation and Protection of Hydraulic Works
This chapter will amend and supplement provisions to ensure deterring effects and practical feasibility. Specifically:
- More detailed regulations on violations regarding wastewater discharge into hydraulic works;- Higher penalties for severe violations by organizations;- Adjustments to violations obstructing the flow of hydraulic works;- ...
Chapter IV: Provisions on Administrative Violations and Sanctions in the Field of Dykes
- Adding violations for unauthorized fencing, planting on dyke slopes, and dyke bodies;- Digging, hoeing, weeding, planting crops, and perennial trees on dykes; planting perennial trees within dyke protection corridors;- Digging, cutting, and leveling dyke surfaces, slopes, and bases; unauthorized appropriation, use, relocation, or damage to dyke auxiliary works;- ...
Chapter V: Provisions on Administrative Sanctioning Authority and Authority to Make Administrative Violation Records
This chapter reviews and supplements the administrative sanctioning authority and record-making authority of Fishery Surveillance forces.
Specific regulations on the authority of functional agencies include:
- Authority of the Chairmen of the People's Committees at all levels;- Authority of inspection agencies and heads of agencies assigned with specialized inspection functions for hydraulic works and dykes;- Authority of Fishery Surveillance;- Authority of inspection agencies and heads of agencies assigned with specialized inspection functions for natural disaster prevention and control;- Authority of the People's Police;- Authority of Border Guard forces;- Authority of Coast Guard forces;- Authority to make administrative violation records.
Chapter VI: Implementation Provisions
- Effective date;- Responsibilities for implementation.
Notably, the draft Decree proposes administrative penalties for violations. Specifically, the maximum fine for each administrative violation in natural disaster prevention and control is 50 million VND. The maximum fine for each administrative violation in the exploitation and protection of hydraulic works and dykes is 100 million VND. The draft also specifies that the proposed fines are for individuals; for the same administrative violation, the fine for organizations will be twice that for individuals.
The Ministry of Agriculture and Rural Development continues to solicit feedback on this draft on the Ministry’s electronic information portal.
