THE GOVERNMENT

Decree No. 163/2013/ND-CP dated November 12, 2013 of the Government on penalties for administrative violations pertaining to chemicals, fertilizers and industrial explosives

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2013;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 of 12^th Standing Committee of the National Assembly on the management and use of weapons, explosives and combat gears;

Pursuant to the Government's Decree No. 100/2005/ND-CP dated August 03, 2005 on the implementation of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

Pursuant to the Government's Decree No. 113/2003/ND-CP dated October 07, 2003 on management of manufacture and sale of fertilizers; the Government's Decree No. 191/2007/ND-CP dated December 31, 2007 on amendments to the Decree No. 113/2003/ND-CP;

Pursuant to the Government's Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree on Penalties for Administrative Violations pertaining to chemicals, fertilizers and industrial explosives,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with the administrative violations, penalties, fines, and remedial measures; the power to impose administrative penalties and make records on administrative violations pertaining to chemicals, fertilizers, and industrial explosives.

2. For the administrative violations pertaining to chemicals, fertilizers and industrial explosives that are not mentioned in this Decree, the regulations in corresponding Decrees shall apply.

Article 2. Entities that incur administrative penalties

1. Vietnamese organizations and individuals that commit administrative violations pertaining to chemicals, fertilizers and industrial explosives within the territory of Socialist Republic of Vietnam.

2. The foreign organizations and foreigners that commit administrative violations pertaining to chemicals, fertilizers and industrial explosives within the territory of Socialist Republic of Vietnam, unless otherwise prescribed in International Agreements to which Vietnam is a signatory.

Article 3. Remedial measures

Apart from the primary penalties and additional penalties, the organizations and individuals that commit administrative violations (hereinafter referred to as violators) must take one or some of the following remedial measures:

1. Removing from Vietnam or destroying the hazardous chemicals; destroying the electric products, electronic products, textile and garment products that exceeds the permissible limits on harmful chemicals.

2. Destroying the fertilizers that threaten the health of human, animals, plants, and the environment.

3. Taking samples, retest the quality of fertilizers if the regulations on sampling, quality inspection and certification are not complied with.

4. Re-conduct the experiment, rectify or cancel the result of fertilizer experiment if the experiment procedure is not followed or the result is not truthful.

5. Restoring the initial condition; eliminate unsafe factors in the process of manufacture of industrial explosives.

6. Moving the spare industrial explosives to proper storage or places.

Article 4. Fines and the power to impose fines

1. The maximum fine incurred by a individual that commits violations pertaining to chemicals in Chapter II of this Decree, is VND 50,000,000. The fine for the same violation committed by an organization is twice as much as the fine incurred by a individual.

2. The maximum fine incurred by a individual that commits violations pertaining to fertilizers and explosives in Chapter III and Chapter IV of this Decree is VND 100,000,000; the fine for the same violation committed by an organization is twice as much as the fine incurred by a individual.

3. The maximum fines imposed by the persons mentioned in Articles 36 to 44 of this Decree are incurred by individuals. The maximum fines such persons can imposed upon organizations are twice as much as the maximum fines they are entitled to impose upon individuals.