Heavy sanctions against violations in the field of water and mineral resources

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The Government has issued the Decree No. 33/2017/NĐ-CP regulating sanctions against administrative violations in the field of water and mineral resources.

The Decree stipulates that the organizations and individualscommitting acts of administrative violation in the field of water and mineral resources shall be subject to one of the following principal sanctions: Warning; Financial Fine; Deprivation of the right to use licenses for mineral exploration and mining for 1 to 12 months.

The maximum fine level for an administrative violation in the field of water resources is 250 million VND for individuals, 500 million VND for organizations.

The maximum fine level for an act of administrative violation in the field of minerals is 1 billion VND for individuals and 2 billion VND for organizations.

Apart from fines, depending on the nature and seriousness of their violations, the violating organizations or individuals may also be subject to one or several additional sanctioning forms: Deprivation of the right to use licenses for exploring, exploiting water resources, discharging wastewater into water sources; Deprivation of underground drilling license; Deprivation of mineral exploration and mining licenses.

For each act of administrative violation, apart from being subject to the principal sanctioning forms and additional sanctioning forms, the violating organizations and individuals may be subject to one or several remedial measures such as: to force the implementation of measures to overcome environmental pollution, degradation and depletion of water sources; to forcethe actions for handling, overcoming of land subsidence or other abnormalities; to forcethe implementation of solutions for the recovery of land and environment...

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