Regulations on administrative sanctions for violations in the field of irrigation

Scope of adjustmentDecree 03/2022-ND-CP includes:Regulations on administrative violations, forms of sanctions, levels of sanctions, remedial measures, authority to draw up records and authority to sanction administrative violations in the fields of natural disaster prevention and control; irrigation; dykes. The above violations that are not regulated in this Decree shall be subject to the provisions of the Decrees regulating sanctions for administrative violations in the field of State management.

Forms of punishmentincluding:Main and additional penalties. Main penalties include: Warning; Fine. Additional penalties include: Temporary revocation of license; Confiscation of exhibits and means of administrative violation.

People in Tang Thanh, Tan Thanh, Lang Thanh communes (Yen Thanh) dredge the canal system in the fields, repair the banks of the fields and plots. Photo: Ho Cac

Regulations on fines:The maximum fine is prescribed as follows: For the field of natural disaster prevention and control, it is 50 million VND; For the field of dikes, it is 100 million VND; For the field of irrigation, it is 250 million VND.

The fines for administrative violations prescribed in this Decree are the fines applied to individuals, except for the acts prescribed in Article 16 and Clause 2, Article 17 of this Decree, which are applied to organizations. For the same administrative violation, the fine for an organization is twice the fine for an individual.

Procedures for handling concurrent acts are prescribed in the Penal Code.: Upon discovering a violation of the provisions in Point a, Point b, Clause 2, Article 14, Article 36 of this Decree, the competent person handling the case must transfer the case file to the competent criminal prosecution agency for consideration and prosecution of criminal liability according to the provisions in Clause 1, Clause 2 and Clause 4, Article 62 of the Law on Handling of Administrative Violations.

In case the criminal proceedings agency has decisions such as not to initiate a criminal case; cancel the decision to initiate a criminal case; suspend the investigation of the criminal case; suspend the investigation of the accused; suspend the investigation of the criminal case against the accused; suspend the case; cancel the decision to initiate a criminal case against the accused and return the case file to the competent authority to impose sanctions that has transferred the file, the violation case file shall be transferred to the competent authority to impose administrative sanctions as prescribed in Clause 3, Article 62, Article 63 of the Law on Handling of Administrative Violations to impose administrative sanctions as prescribed in this Decree.

Chapter IIIDecree 03/2022-ND-CP stipulates administrative violations, penalties, levels of penalties and remedial measures in the field of irrigation. Specifically, Article 19 stipulates that violations that obstruct the flow of irrigation works will be subject to the following penalties:Fine from 100,000 VND to 300,000 VNDfor any of the acts of growing vegetables, setting up traps, trawling and other forms of fishing that obstruct the flow of water.Fine from 500,000 VND to 1,000,000 VNDfor one of the acts of soaking bamboo, reed, leaves, wood or creating other obstacles that obstruct the flow.

Remedial measures: Forced restoration of the original state for violations of the provisions in Clause 1 and Clause 2 of this Article.

Article 20regulationsThe act of dumping garbage and waste within the protection area of ​​hydraulic works is punished as follows:Warning penaltyfor the act of dumping garbage and waste within the protection area of ​​hydraulic works with a volume of less than 0.5 m3³.Fine from 300,000 VND to 500,000 VNDfor the act of dumping garbage and waste within the protection area of ​​hydraulic works with a volume of 0.5 m³to under 1 m³.Fine from 1 million to 2 million VNDFor the act of dumping garbage and waste within the protection area of ​​irrigation works with a volume of 1m³up to 3m³.Fine from 2 million to 4 million VNDfor the act of dumping garbage and waste within the protection area of ​​irrigation works with a volume of 3m³up to 5m³.Fine from 4 million to 8 million VNDfor the act of dumping garbage and waste within the protection area of ​​irrigation works with a volume of 5m³or more.

Remedial measures: Forced restoration of the original state for violations of the provisions in Clause 1 of this Article.

Article 21.Violations of regulations on the operation of irrigation works will be punished.fine from 10 million to 20 million dongfor one of the following acts: Failure to comply with the regulations in the irrigation works operation process approved by the competent authority, except for the case specified in Article 22 of this Decree. Operating irrigation works without a duty.

Fines for not having a process for operating irrigation works according to regulations, specifically as follows:Fine from 5 million to 10 million VNDfor the act of not having a process for operating small irrigation works according to regulations. A fine of 10 million to 20 million VND for the act of not having a process for operating medium irrigation works according to regulations. A fine of 20 million to 30 million VND for the act of not having a process for operating large or especially important irrigation works according to regulations.

The Table of Contents irrigation dam in Thanh Chi commune (Thanh Chuong). Photo courtesy of Tien Dong

Article 24.Penalties for violations of regulations on safety protection of hydraulic works include:Fine from 100,000 VND to 300,000 VNDfor one of the following acts: Building huts, stalls, walls; constructing temporary structures within the protection area of ​​irrigation works. Digging, hoeing, tilling, weeding, planting crops on banks, canal roofs, and earthen dam roofs.

Fine from 5 million to 10 million VNDfor one of the following acts: Building brick kilns, lime kilns, auxiliary works, barns for raising livestock and poultry without a license to operate within the protected area of ​​irrigation works. Raising aquatic animals without a license to operate within the protected area of ​​irrigation works. Demolishing, moving boundary markers, signs of irrigation works or arbitrarily connecting canals and water pipes. Scientific research activities, planting perennial trees without a license to operate within the protected area of ​​irrigation works. Digging and filling ponds and lakes within the protected area of ​​irrigation works. Anchoring or docking ships and boats in irrigation works when there are prohibition signs. Using inland waterway vehicles and motor vehicles within the protected area of ​​irrigation works without a license to operate within the protected area of ​​irrigation works, except for motorbikes, motorbikes, and rudimentary inland waterway vehicles.

Fine from 10 million to 20 million VNDfor one of the following acts regarding the management of dam and reservoir safety: Failure to submit a report on the current status of dam and reservoir safety according to the prescribed content and time. Failure to inspect dams and reservoirs according to the prescribed content and regime. Failure to have or not to organize the implementation of a natural disaster response plan for the project or downstream area of ​​the dam during construction. Failure to conduct safety inspections of dams and reservoirs according to regulations. Failure to place markers marking the protection area of ​​dams and reservoirs. Failure to have or not to implement an approved protection plan. Failure to have or not to review, adjust, or supplement annually or failure to implement an approved emergency response plan.