Penalties for placing obstacles unlawfully obstructing water circulation in rivers, springs, lakes, cannels, ditches in Vietnam

Penalties for placing obstacles unlawfully obstructing water circulation in rivers, springs, lakes, cannels, ditches in Vietnam (Internet image)

Placement of obstacles on rivers, lakes, cannels, ditches in Vietnam

Obstacles in the field of traffic are understood as immovable objects lying on the road that obstruct traffic activities.

According to the provisions of Clause 4, Article 9 of the Law on Water Resources 2012, prohibited acts include placing obstacles, built architecture works, to plant trees unlawfully obstructing flood drainage, water circulation in rivers, springs, lakes, cannels, ditches.

Thus, the current law does not prohibit the act of arbitrarily placing obstacles in rivers, lakes, and canals. When there is a short-term need and it does not cause damage or is prohibited by law, such objects can be placed in rivers, lakes, or canals. For example, people put rudimentary equipment for fishing in the river (post, that, ignore, etc.).

However, if the act of placing obstacles in these positions causes obstruction to flood drainage and water circulation, they will be sanctioned according to the law.

Penalties for placing obstacles obstructing water circulation in rivers, lakes, cannels, ditches in Vietnam

According to Clause 1, Article 25 of Decree 36/2020/ND-CP on violations against regulations on maintenance of water flow and prevention of river bank and terrace erosion, a warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed for laying obstacles or planting trees to block flood drainage, water flow on rivers, streams, ponds, canals or ditches.

According to Point d, Clause 10, Article 2 of Decree 04/2022/ND-CP amending and supplementing Points a and b, Clause 9, Article 25 of Decree 36/2020/ND-CP on violations against regulations on maintenance of water flow and prevention of river bank and terrace erosion, the violator is compelled to:

- Restore the original condition which has been changed by any of the violations mentioned in Article 25 of Decree 36/2020/ND-CP;

- Enforced demolition of the works or removal or relocation of the obstacles to the flow in relation to violations prescribed in Article 25 of Decree 36/2020/ND-CP.

- Enforced demolition of the works or removal or relocation of the obstacles on the area of the encroached river in relation to violation mentioned in Point b Clause 6 of Article 25 of Decree 36/2020/ND-CP.

Pursuant to Clause 1, Article 5 of Decree 36/2020/ND-CP, as amended by Clause 3, Article 2 of Decree 04/2022/ND-CP stipulating the application of fine levels in administrative sanctions as follows:

The fines prescribed in Chapter II and Chapter III of Decree 04/2022/ND-CP are imposed for administrative violations committed by individuals. Fines imposed on household businesses; branches or representative offices committing administrative violations outside the scope and time limit authorized by the enterprise are the same as those imposed on individuals. The fine incurred by an organization (including a branch or representative office committing administrative violations within the scope and time limit authorized by the enterprise) is twice as much as the fine incurred by an individual for the same violation.

Thus, individuals and household businesses; branches or representative offices that commit acts of placing obstacles to obstruct water circulation in canals shall be administratively sanctioned with a fine of warning or a fine of between VND 100,000 and 500,000. The fine level for organizations (including branches and representative offices that commit administrative violations within the authorized scope and time limit of enterprises) will be VND 200,000 to VND 1,000,000.

At the same time, the violating organization or individual is forced to restore the original condition and remove the obstacles that obstruct the flow.

Nguyen Pham Nhut Tan

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