The Government promulgates Decree 104/2017/ND-CP to introduce penalties for administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems.
This Decree deals with violations, penalties, fines, remedial measures against administrative violations, the power to impose penalties against administrative violations and the power to make records of administrative violations against regulations on disaster preparedness, operation and protection of hydraulic structures and flood control systems.
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any acts of obstructing operation of disaster preparedness works.
A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for failure to anchor ships or other means of water transport at prescribed places in the location of disaster preparedness works.
A fine ranging from VND 8,000,000 to VND 15,000,000 shall be imposed for deliberately misusing the disaster preparedness works.
A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following violations:
a) Encroaching upon the river terrace or river channel causing an increase in disaster risks without remedial measures;
b) Illegally exploiting sand, gravel and/or minerals causing an increase in disaster risks without remedial measures.
A fine ranging from VND 25,000,000 to VND 40,000,000 shall be imposed for causing damage to disaster preparedness works.
Remedial measures:
a) Enforced restoration of the initial state which has been damaged due to any of the administrative violations prescribed in Point a Clauses 4 and Clause 5 of this Article;
b) Enforced transfer of illegal benefits obtained from the administrative violation prescribed in Point b Clause 4 of this Article.
A fine ranging from VND 100,000 to VND 300,000 shall be imposed for deliberately delaying or failing to follow directions or orders for disaster relief from an authorized authority or person.
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for opposing or obstructing the implementation of directions or orders for disaster relief or decisions on mobilization of human and material resources, vehicles and other necessities, etc. to serve an emergency response made by authorized authorities or persons.
A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for deliberately keeping secret of information or providing false information about locations and status of ships, boats or vessels that are operating at sea, river or lake for local governments or competent authorities when disaster occurs.
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to give aid or provide information for rescue forces to search for and give aid to persons or boats, ships or vessels that face perils at sea, river, stream or lake.
A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for requesting for an emergency medical service but failing to cooperate with the rescue team causing waste of time and resources of the rescue forces.
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for deliberately making false statement about damage caused by disasters.
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:
a) Misusing or causing loss of relief or improperly providing relief;
b) Failing to timely fulfill relief works.
Remedial measures:
a) Enforced transfer of illegal benefits obtained from the administrative violation prescribed in Clause 1 of this Article;
b) Enforced transfer of money or goods or an amount of money equivalent to the value of goods if the administrative violation prescribed in Point a Clause 2 of this Article is committed.
A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for failure to satisfy disaster preparedness requirements for investment and construction of or upgrading to an urban area, rural residential area or a technical infrastructure structure.
Remedial measures:
Enforced satisfaction of disaster preparedness requirements if the administrative violation prescribed in Clause 1 of this Article is committed.
This Decree shall come into force as from November 01, 2017.