Xử lý vi phạm hành chính trong lĩnh vực bảo vệ môi trường ở Việt Nam hiện nay ttta

MINISTRY OF EDUCATION AND TRAINING

MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY
************

LE THI HANG

HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION IN VIETNAM TODAY

SUMMARY OF THE DOCTORAL DISSERTATION IN LAW

Hanoi - 2019


MINISTRY OF EDUCATION AND TRAINING

MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY
************

LE THI HANG

HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION IN VIETNAM TODAY

SUMMARY OF THE DOCTORAL DISSERTATION IN LAW
Supervisors: 1. Assoc. Prof. Bui Thi Dao

2. Assoc. Prof. Dr. Vu Thu

Hanoi - 2019

0


VIEWPOINTS AND SOLUTIONS TO IMPROVE THE EFFICIENCY
OF HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION INTRODUCTION
1. The necessity of the research topic
Enhancing the effectiveness of the fight against law violations in the field of
environmental protection to ensure the people’s health and life quality,
contributing to the national political stability and security, and promoting
economic growth of the country is an urgent requirement, goal and one of the
basic contents of sustainable development of countries around the world.
In recent years, in Vietnam, administrative violations in the field of
environmental protection have been quite common, accounting for the largest
proportion among violations of environmental protection law. Although its
danger to society is not as great as that of criminal crimes, administrative
violations are increasing and causing significant harm to the environment. If the
struggle with administrative violations is not effective, it will lead to increasing
violations of the law in the field of environment protection and affecting the
sustainable development goals of Vietnam. The Party’s socio-economic
development strategy in the period 2010-2020 affirmed that “Socio-economic
development must always attach importance to protecting and improving the
environment ...” and “perfecting the legal system on environmental protection,
building a system of sanctions strong enough to prevent and handle violations”.
Handling administrative violations is the State’s legal measure that has great
effects in combating violations of law in the field of environmental protection,

contributing to raising the efficiency of environmental protection, stabilizing
security, politics, social order and safety. Being aware of this, our state has
focused on improving the system of law on handling administrative violations
and gradually improving the effectiveness of handling administrative violations
in this field in practice. In which, the 2014 environmental protection law, the
2012 law on the handling of administrative violations and Decrees on handling
administrative violations in the field of environmental protection are considered
the basic nucleus of the system of law on handling administrative violations in
the field of environmental protection.
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By examining the provisions of the existing law on handling administrative
violations in the field of environmental protection in the 2014 environmental
protection law, the law on handling administrative violations 2012, Decree
155/2016/ND-CP on sanctioning administrative violations in the field of
environmental protection also reveals many shortcomings. There are many
overlapping and inappropriate rules on handling administrative violations,
competence and procedures for handling administrative violations in the field of
environmental protection, causing difficulties for law enforcement on handling
administrative violations in the field of environmental protection in reality [122,
p. 47]. Additionally, the awareness of individuals and organizations in protecting
environment and their participation in handling administrative violations in the
field of environmental protection is not high. The competent subjects to handle
administrative violations in this field are still limited professional and
qualifications; coordination in handling administrative violations is not strict;
technical facilities for handling administrative violations have not yet met the
requirements in practice; form of handling is just applying fines rather than
measures of solving consequences and forcing implementation of decision on
handling administrative violations, thus reducing the effectiveness of handling

administrative violations in the field of environmental protection.
On the other hand, our state is a socialist rule of law state, of the people, by
the people and for the people. The state must be responsible for environmental
control, all administrative violations in the field of environmental protection
must be strictly handled to ensure that people can live in a clean, safe and healthy
environment to ensure their natural rights and interests. In order to do this, the
State should complete the law on handling administrative violations and
improve the effectiveness of organizations of law enforcement in handling
administrative violations in the field of environmental protection in reality.
It is necessary to examine and evaluate comprehensively and systematically
theoretical issues, situation of law and the law enforcement in handling
administrative violations in the field of environmental protection in reality, as
well as proposing specific solutions to improve the efficiency of handling
administration in the field of environmental protection. This aims to enhance the
efficiency of environmental protection and contributing to sustainable socio2


economic development of the country and international integration. This is the
reason why the author selects research titled “Handling administrative
violations in the field of environment protection in Vietnam today” as her
doctoral dissertation in law.
2. Research purpose and tasks
2.1. Research purpose: The study aims to clarify theoretical and practical
issues on handling administrative violations in the field of environmental
protection and propose solutions to improve the effectiveness of handling
administrative violations in the field of environmental protection in Vietnam
today.
2.2. Research tasks
- Analyzing the theoretical issues on handling of administrative violations in
the field of environmental protection such as: concepts, characteristics of

administrative violations and handling violations; competence, procedures,
forms, roles and factors affecting the effectiveness of handling administrative
violations in the field of environmental protection;
- Analyzing the provisions of the existing law and the law enforcement in
handling administrative violations in the field of environmental protection in
reality, and pointing out achievements, limitations and causes of the limitations.
- Proposing solutions to improve the law and the effectiveness of law
enforcement in handling administrative violations in the field of environmental
protection in Vietnam today.
3. Methodology and research methods
3.1. Methodology: The dissertation uses the methodology of MarxismLeninism and Ho Chi Minh’s thought to consider and analyze issues.
3.2. Research methods: Methods of systematical approach, analysis and
synthesis; methods of description and analysis legal documents; statistical
methods; methods of comparison, proven and method-investigated by ankét
(200 questionnaires for the competent subjects in handling administrative
violations in the field of environmental protection; 200 questionnaires for
individuals, organizations and enterprises).

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4. Research subject and scope
4.1. Research subject: is the theoretical handling administrative violations
in the field of environment protection; law on handling administrative violations
in the field of environment protection and the reality of enforcing law handling
administrative violations in the field of environmental protection in Vietnam.
4.2. Research scope
- Regarding contents: systematize and explain theoretical issues on handling
administrative violations in the field of environmental protection; assessing the
situation of the law including provisions of the law on handling administrative

violations in the 2014 Environmental Protection Law, the law on handling
administrative violations 2012, Decree 155/2016/ND-CP on sanctioning
administrative violations in the field of environmental protection; proposing
solutions to improve the efficiency of the law enforcement in handling
administrative violations in the field of environmental protection in Vietnam
- Spatially: to survey directly in some typical provinces/cities in handling
administrative violations in the field of environmental protection such as Hanoi,
Bac Giang, Hai Phong, Thanh Hoa, Ha Tinh, Da Nang, Ho Chi Minh City Chi
Minh, Dong Nai, Lam Dong.
- Regarding time: from 2012 to 2018.
5. New contributions of the dissertation
- The dissertation presents the concept of handling administrative violations
in the field of environmental protection and clarifying characteristics of handling
administrative violations in the field of environmental protection.
- To analyze and clarify further some basic theoretical issues on handling
administrative violations in the field of environmental protection such as
grounds, competence, procedures and forms of handling administrative
violations in the field of environmental protection, roles and factors affecting
the efficiency of handling these violations.
- To analyze further and assess comprehensively achievements and
limitations of the provisions of Vietnamese law on handling administrative
violations in the field of environmental protection and law enforcement in
practice. it then draws causes of the limitations.
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- Giving arguments on the perspective and propose some solutions to
improve the efficiency of handling administrative violations in the field of
environmental protection
6. Theoretical and practical significance of the dissertation

The dissertation seeks to examine and clarify issues from theory, law and
law enforcement in handling administrative violations in the field of
environmental protection. The dissertation findings can be seen as valuable
reference for legislative and regulatory agencies in the process of studying,
building and perfecting the law on handling administrative violations in the field
of environmental protection. The dissertation is valuable for researching and
teaching at universities of law.
7. Structure of the dissertation
In addition to the introduction and conclusion and references, the dissertation
includes 4 chapters.

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Chapter 1
LITERATURE REVIEW
1.1. Research situation related to the dissertation title
1.1.1. Research works on theoretical issues on environment, protection of
environment, handling law violations and handling administrative violations
in the field of environmental protection
1.1.1.1. Research works on theoretical issues on environment, protection of
environment, handling law violations on environmental protection
1.1.1.2. Research works on theoretical issues on handling administrative
violations in the field of environmental protection
This section mentions research works that examine concept and
characteristics of handling administrative violations in general, as well as the
concept and characteristics of handling administrative violations in the field of
environmental protection in particular; bases of handling these violations; the
handled objects, competent subjects, forms and procedures in handling
administrative violations, and roles and factors affecting handling administrative

violations in the field of environmental protection.
1.1.2. Research works on the real situation of the law in handling
administrative violations in the field of environmental protection in Vietnam
1.1.3. Research works on the reality of enforcing law and solutions to
improve the efficiency of handling administrative violations in the field of
environmental protection in Vietnam
1.1.4. Research works on foreign experiences in handling administrative
violations in the field of environmental protection
1.2. Evaluating research situation related to the dissertation title and the
issues need to be further examined
1.2.1. Achievements of previous research works that the dissertation
inherits and develop
- Previous research works presented concept of environment, protection of
environment and handling administrative violation on environmental protection.
- Referring bases for handling administrative violations, characteristics of
administrative violation in the field of environmental protection; competences in
handling administrative violation, the subjects are handled to be mainly
6


individuals and organizations; basic forms of handling, procedures, roles and
factors affecting handling administrative violations in the field of environmental
protection.
- Examining the real situation of the law and enforcing law in handling
administrative violation in the field of environmental protection in Vietnam
before 2015.
- Giving solutions to improve the law on administrative violations, as well
as competence and forms of handling administrative violations
1.2.2. Issues that need further study
- Previous research works have not given a full concept of administrative

violations and handling administrative violations in the field of environmental
protection. They presented characteristics of handling administrative violations
but they are similar to characteristics of sanctioning administrative violations in
the field of environmental protection.
- The works have not fully interpreted the nature of each form of
administrative deterrence to ensure the implementation of the decisions on
handling administrative violations in the field of environmental protection. Not
yet clarified the competence in handling administrative violations of the state
administrative management offices on environmental protection and
environmental police forces; not clarifying procedures on handling
administrative violations that include steps from discovery to overcome
consequences.
- Most of research works on the real situation of the law in handling
administrative violations on environmental protection and handling these
violations in practice, have just stopped mention rather than intensive
interpretation and stopped by 2012, so there are many contents to be no longer
consistent with the provisions of the existing law. Therefore, the study will focus
on assessing the quality of the actual law and the reality of enforcing law on
handling administrative violations in the field of environmental protection
between 2012 and 2018.
- So far, there have not been any comprehensive research works of countries
around the world on handling administrative violations in the field of
environmental protection and compare with Vietnam. The dissertation tries to
7


examine foreign research works on this issue so as to draw experiences for
Vietnam. The study also intends to propose solutions to improve regulations on
administrative violations in the field of environmental protection; forms of
handling violations; procedures and competence in handling administrative

violations in the field of environmental protection.
1.3. Research questions and hypotheses
1.3.1. Research questions
(1) How is the nature of handling administrative violations in the field of
environmental protection and the components to handle administrative
violations in the field of environmental protection understood? (2) What are the
roles and factors affecting handling administrative violations in the field of
environmental protection? (3) How to assess the real situation of the law and
activities of handling administrative violations of environmental protection in
Vietnam? (4) What are solutions to improve the law and activities of handling
administrative violations of environmental protection in Vietnam?
1.3.2. Hypotheses
- The nature of handling administrative violations in the field of
environmental protection is the process of applying forms of handling to
individuals and organizations who violate administration in the field of
environmental protection from the discovery their violations to completely
overcome consequence of administrative violations in the field of environmental
protection.
- There are 4 components in handling administrative violations in the field
of environmental protection, including: bases of handling administrative
violations; competent subjects in handling administrative violations; forms and
procedures in handling administrative violations in the field of environmental
protection. Specifically: the bases of handling administrative violations in the
field of environmental protection is that violations occurred in practice but has
been anticipated by administrative law; the handling competence will be based
on the principle of empowering state administrative agencies in this field. Forms
of handling administrative violations on protection of environment include
sanctions, consequence recovery, administrative suppression to ensure the
implementation of decisions on handling administrative violations; force to
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implement the decisions; procedures to handle administrative violations in the
field of environmental protection are carried out through different stages
corresponding to the order of applying forms of handling administrative
violations.
Handling administrative violations in the field of environmental protection
plays an important role to the state administrative management in the field of
environmental protection, contributing to improving the law on environmental
protection. The effectiveness of handling administrative violations in the
protection of environment is impacted by the quality of the legal system, the
people’s qualifications and awareness of environmental protection; the
completion of the apparatus; the quality of human resources; facilities,
equipment and technical facilities.
- The existing law on handling administrative violations in the filed of
environmental protection still has inadequacies and shortcomings. The actual
situation of enforcing law in handling administrative violations on
environmental protection has not met the requirement of reality due to the
limitations of organizational structure and capacity of cadres and civil servants
to perform their work in the field of environmental protection.
- Solutions to improve the efficiency of handling administrative violations
are to improve the legal regulations in the direction of adding more
administrative violation acts in protecting environment; increasing the authority
for subjects who directly handle violations; increasing fines for acts of
administrative violations with economic purposes; adding more forms of
handling to those who are incapable of or deliberately failing to implement the
decision of handling administrative violations; completing regulations on
procedures of handling administrative violations; enhancing capacity of
handling administrative violations for competent subjects in this field.
Sub-conclusion of chapter 1

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Chapter 2
THEORETICAL ISSUES ON HANDLING ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION
2.1. Administrative violations in the field of environmental protection
2.1.1. The concept of environment, protection of environment
The environment is a system of natural and man-made physical elements
surrounding people, having a dialectical interaction with the existence and
development of humans and organisms.
Environmental protection is understood as “activities aim to preserve,
prevent and limit adverse impacts on environment; responding to environmental
incidents; recovering environmental pollution, degradation, improvement and
restoration; exploiting and using rationally natural resources so as to keep a
clean environment.

2.1.2. The concept of administrative violations in the field of environmental
protection
Administrative violation in the field of environmental protection is illegal
acts of environmental protection by individuals who have administrative
responsibility capacity or infringing on social relations in the field of
environmental protection and must be handled by certain forms of handling
administrative violations under the law’s regulations.
Administrative violations in the field of environmental protection also have
characteristics: The objects of administrative violations in the field of
environmental protection are very diverse; administrative violation acts in this
filed are also diverse; the subjects-violated include individuals and
organizations. In addition to the subjects directly violate administration in the

field of environmental protection, there are also assistants such as advising,
encouraging and inciting others to commit acts of harming environment;
geographical areas of administrative violation acts are in urban, industrial zones,
craft villages, densely populated areas, river basins, coastal areas and seaports;
tricks of violation acts are very sophisticated and diverse.

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2.1.3. Constituent of administrative violations in the field of environmental
protection
Objectively: constituent of administrative violations includes signs of
behavior, illegal acts and its consequences for social relations in the field of
environmental protection, causes and effects, time, place and means of
violations. In which, the illegal acts are mandatory signs in all administrative
violations on environmental protection.
Subjectively: it includes errors, motives, purposes of violations. In which, the
errors are reflected in all administrative violations as a mandatory sign.
Subjects violate administration in the field of environmental protection:
including individuals and organizations. In addition to citizens, officials and
cadres are also those who violate administration if they perform administrative
violation acts in the environmental protection.
Regarding objects: whether they participate in the state administration in the
field of environmental protection or not.
2.2. Handling administrative violations in the field of environmental
protection.
2.2.1. The concept and role of handling administrative violations in the
field of environmental protection
2.2.1.1. The concept of handling administrative violations in the field of
environmental protection

“Handling administrative violations in the field of environmental protection
is the activity of the state powerful subjects by administrative procedures
prescribed by law to determine administrative violations on protection of
environment and applying specific forms of handling for individuals,
organizations who violate administration on environmental protection in
specific cases to punish, educate violated-individuals, organizations, and protect
rights and interests of individuals, organizations, state, society to maintain the
order of the state administration in the field of environmental protection.
Characteristics of handling administrative violations in the field of
environmental protection: Environmental regulations are legal grounds for
handling administrative violations in the field of environmental protection; the
form and level of handling administrative violations in the field of environmental
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protection are stricter than that of other areas. Analyzing and determining causeeffect relationship between administrative violation acts on protection of
environment and its consequences to the state administration on environmental
protection are very difficult, methods of collecting evidences to be implemented
directly and indirectly. The competent subjects in handling administrative
violations are diverse, interdisciplinary and inter-region; associated with the use
of modern tools and technology, high scientific expertise, and as a complex
process and easily lead to negative and take much time.
2.2.1.2. The role of handling administrative violations in the field of
environmental protection
2.2.2. Forms of handling administrative violations in the field of
environmental protection
- Sanctioning administrative violations includes major and additional
penalties: warning is applied for individuals, organizations that their violation
is not serious, with extenuating circumstances or for all acts of administrative
violations by minors from full 14 to under 16 years of age. Imposing fine is

defined as a common form in handling administrative violations in the
environmental protection. Seizing material evidences and means; take away the
right to use environmental licenses; suspending activities causing damage to the
environment and forcing relocation of production and business establishments
that cause serious harm to the environment; and forcing to work for serving the
community.
- Recovering consequences of administrative violations in the field of
environmental protection: including: forcing to remedy the initial environment
situation that was changed by administrative violations; forcing to break down
works and part of works that were built illegally; forcing to implement measures
to recover environmental pollution; and forcing to relocate.
- Preventing administrative violations and ensure the implementation of
decisions on handling administrative violations in the field of environmental
protection including: temporary seizure of material evidences and means,
environmental license; checking transport means and objects, as well as places
store material evidence and means of administrative violations.
12


- Forcing to implement decision on handling administrative violations in the
field of environmental protection including: deducting part of salary or income,
deducting money from personal accounts and violated-organizations; distraining
assets and imposing a fine to administrative violation by real estate.
2.2.3. Competence to handle administrative violations in the field of
environmental protection
Competent subjects in handling administrative violations in the field of
environmental protection including individuals hold job title in the agencies
which have function of the state administration on protection of environment
like the state administration by territorial; individuals hold job title in the
administrative agencies-specialized environmental protection to ensure timeliness

and comprehensiveness in handling administrative violations in this field.
2.2.4. Procedures for handling administrative violations in the field of
environmental protection
Procedures for handling administrative violations in the field of environmental
protection are defined as order and ways to conduct specific activities in the
process of handling administrative violations including the following stages: to
discover administrative violations in the field of environmental protection; to
verify administrative violations; to make decisions on handling administrative
violations; to implement the decisions on handling administrative violations; to
force to implement the decisions on handling administrative violations.
2.3. Factors affecting the handling administrative violations in the field
of environmental protection
2.3.1. Law on environmental protection and law on handling administrative
violations
2.3.2. Organizational and personnel structure in the field of environmental
protection
2.3.4. Science and technology, facilities, facilities, finance
2.3.5. Socio-economic factors
Sub-conclusion of chapter 2

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Chapter 3
THE REALITY HANDLING ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF ENVIRONMENTAL PROTECTION
3.1. The reality of the law on handling administrative violations in the
field of environmental protection
3.1.1. The reality of the law on subjects of handling administrative
violations in the field of environmental protection

Subjects were handled administrative violations in the field of protection
including individuals and organizations. However, the provisions of handled
subjects have the following limitations: First, Decree 155 stipulates that
households and individual business households violate administration in the
field of environmental protection are sanctioned as individuals who violate the
legal principles regulated by the 2012 Law on handling administrative
violations. Second, missing the objects who assist others to commit
administrative violations in the field of environmental protection. Third, those
who are officials and public employees when performing official duties shall not
be handled for administrative violations. This does not guarantee the principle
of fairness when dealing with administrative violations in the field of
environmental protection.
3.1.2. Forms of handling administrative violations in the field of
environmental protection
The law stipulates the form of handling administrative violations in the field
of environmental protection, including: major and additional sanctions;
recovering consequences; preventing and ensuring the implementation of
decisions on handling administrative violations; forcing to implement the
decisions. There are still limitations of regulations on measures of handling
administrative violations: organizations were imposed a fine twice as much as
individuals, has not yet ensured the principle of fairness; administrative violation
acts are similar but penalties in legal documents are different; the fine for some
acts has not yet been quantified; the fine is not enough to deter those who
intentionally commit administrative violations in the field of environmental
protection for profit purposes.
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3.1.3. The reality of the law on competence for handling administrative
violations in the field of environmental protection

The competent subjects in handling administrative violations in the field of
environmental protection are very diverse. In which, the competence for
applying imposed a fine of 1 billion dong for individuals and 2 billion dong for
organizations under the authority of the Chief Inspector of the Ministry of
Natural Resources and Environment, the General Director of Environment
Department and the Director of the Police Department on preventing and
combating environmental violations and crimes, the Director of the Immigration
Department, the President of the provincial People's Committee, and the lowest
level is 500 thousand dong under the authority of inspectors. However, these
regulations are still unavoidable some limitations.
3.1.4. The reality of the law on procedures for handling administrative
violations
The existing law stipulates procedures for handling administrative violations
in the field of environmental protection is applied by general provisions on
handling administrative violations including procedures of sanctioning;
recovering consequences; procedures of preventing and ensuring the
implementation of decisions on handing administrative violations; procedures
of handling exhibits and means; procedures of enforcing decisions. The current
regulations on these procedures still reveal some shortcomings in terms of time,
prescription; scope of application of explanatory procedures in handling
administrative violations is relatively narrow.
Summary, the law on handling administrative violations in the field of
environmental protection has many advantages but also has many limitations
such as not ensuring consistency and uniformity; there are many shortcomings;
integration and the compatibility between domestic law and international law
are not high. Evaluate 4 causes of restrictions.
3.2. Administrative violations in the field of environmental protection
In the period 2012-2018, there were 93,011,000 cases of administrative
violations in the field of environmental protection. The figure is increasing. If
the year 2012 just had 10,297 cases, it increased to 14,054 cases in 2014. The

year 2015 tends to decrease but this figure has dramatically increased in 2016.
15


After Decree 155/2016/ND-CP took effect in 2017, the total number of cases of
administrative violations decreased from 2016 but then increased dramatically
in 2018 and reached 21,758 cases (see figure 3.1).
Administrative violations in the field of environmental protection violate all
8 groups of administrative violations prescribed by law: acts violate regulations
on environmental protection plans and schemes; acts of causing environmental
pollution; acts violate regulations in the field of environmental protection by
production and business facilities and services, and industrial parks, export
processing zones, hi-tech parks, industrial clusters, concentrated service and
business areas; acts violate waste management; violations in handling household
waste, industrial solid waste; violations of hazardous waste management;
violating regulations on environmental protection when importing machinery,
equipment, transport means, raw materials, biological products; violating
regulations on preventing and recovering environmental pollution, degradation
and incidents; acts of administrative violations on biodiversity.
Cases of administrative violations from 2012 to 2018
(93,011,000 cases)
25,000

21,578

20,000
14,361

15,000

14,054

10,297

13,096
9,974

9,651

10,000
5,000
0
2012

2013

2014

2015

2016

2017

2018

Figure 3.1: Cases of administrative violations in the field of environmental
protection between 2012 and 2018
16

Limitations of regulations on administrative violation acts in the field of
environmental protection include: some provisions on acts of administrative
violations in the field of environmental protection have not been unified with
other legal documents or with Decree 155/2016/ND-CP; the law does not have
full provisions on specific administrative violation acts of each group; some
provisions on administrative violation acts do not have specific guidance on how
to determine the level of violations, so it is hard to determine measures of
handling in reality.
3.3. Actual situation of handling administrative violations in the field of
environmental protection
3.3.1. The reality of implementing competence in handling administrative
violations in the field of environmental protection
The forces of Natural Resources and Environment in the whole country have
imposed a fine of 451,870 million dong for 5,448 cases. However, there are still
some limitations such as: responsibilities of authorized subjects in managing
personal information of those who violate administration in the field of
environmental protection are not closed; some Decisions on handling
administrative violations were issued wrongly; many case were discovered late
and not handled in time, so the time for sanctioning was expired.
3.3.2. The reality of applying forms of handling administrative violations
in the field of environmental protection:
The sanction is mainly applied by imposed a fine of 1,559,827 dong.
Suspending operation of more than 640 facilities make environmental pollution.
There are over 77,191 forms were applied by recovering consequences.
However, there are still limitations such as choosing the wrong law for the level
of handling violations, it is not consistent with the nature and violation; the
additional sanctions have not been paid attention.
3.3.3. The reality of implementing procedures for handling administrative
violations in the field of environmental protection

Most of administrative violations were dealt with under procedures with
records. In general, the process of handling administrative violations has
complied with the law on the time to issue decisions. However, there are still
certain limitations to implement procedures of handling violations such as some
17


localities still have errors in the documents; some decisions still have many
errors such as mistaking forms of additional sanctions for recovering
consequences; issuing sanctioning decisions beyond the time since the date of
making the violation records.
Summary, the law enforcement in handling administrative violations in the
field of environment protection in Vietnam has many advantages but pointing
out some limitations such as missing administrative violations; many cases were
discovered late and not handled in time; the issued decisions but there are still
many subjects who are not complied with.
3.4. Causes results achieved and limited of administrative violations in the
field of environment protection in Vietnam
Assessing 4 causes of advantages, and causes of the limitations: there is no
consensus of viewpoints in handling administrative violations; the apparatus and
staffs who are charged in handling administrative violations to be ineffective;
some individuals and organizations have not yet complied with the law on
handling administrative violations; lack of facilities, techniques and funding.
Sub-conclusion of chapter 3

18


Chapter 4
VIEWPOINTS AND SOLUTIONS TO IMPROVE THE EFFICIENCY

OF HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION
4.1. The viewpoints of improving the efficiency of handling administrative
violations in the field of environmental protection
- To be fully aware of the viewpoint of sustainable development in issuing
legal policies and the law enforcement on handling administrative violations in
the field of environmental protection.
- Handling administrative violations in the field of environmental protection
should be associated with the process of building a socialist rule-of-law state,
ensuring the right to live in a clean environment.
- Handling administrative violations in the field of environmental protection
should be associated with ensuring the effectiveness of state management in the
field of environmental protection, associated with inspection activities and the
fighting against violations of law in the field of environmental protection,
ensuring prevention principle.
- To combine harmoniously between the state’s role in handling
administrative violations in the field of environmental protection and
participation of socio-political organizations and inhabitants in handling
administrative violations in the field of environmental protection.
4.2. Solutions to improve the law on the handling of administrative
violations in the field of environmental protection
4.2.1. Amending and supplementing provisions on the administrative
violations in the field of environmental protection
- Supplementing a number administrative violations in the field of
environmental protection such as collecting, transporting, burying and treating
construction wastes; collecting, transporting, burying mud from dredging
canals, ponds, lakes and rivers; collecting, transporting, burying non-hazardous
medical wastes; collecting, transporting, burying non-hazardous wastes from
agricultural and aqua-cultural activities; failing to monitoring periodic waste;
not report the results of environmental monitoring in each stage; not submit

results of monitoring waste to the competent agencies. In case, must be carried
19


out monitoring environment but not done in reports of assessing environment
impacts, environmental protection projects and equivalent environmental files
under the competence of provincial-level People’s Committee or agencies were
authorized by the provincial-level People's Committee; violation acts in
formulating strategies for sustainable exploitation and use resources, protecting
maritime environment; acts of violating the master plan on the exploitation and
sustainable use of coastal resources; acts of violating program of coastal
resource management.
- Supplementing objects of administrative violations in the field of
environmental protection and administrative violation acts in this field
corresponding to such objects.
- Setting up and supplementing regulations on environmental technical
standards to ensure legal basis to handle effectively administrative violations.
4.2.2. Supplementing and increasing competence further of a number of
subjects to handle administrative violations in the field of environmental
protection
First, the 2012 Law on handling administrative violations needs to increase
competency for those who are inspectors specialized natural resources and
environment, public security, President of the commune-level People's
Committee in handling administrative violations by imposing a fine twice
compared to current sanction to ensure their autonomy in handling
administrative violations. Increasing the fine level of the inspectors of the
Ministry of Natural Resources and Environment to reduce the difference with
the fine level of the Chief Inspector of the Ministry of Natural Resources and
Environment.
Second, supplementing competence of environmental inspection and

handling administrative violations for the Director of Environmental Protection
Branch under the Department of Natural Resources and Environment; Director
General of Vietnam General Department of Sea and Islands, Director of
Department of Resources Protection and Environment, Director of General
Department of Meteorology and Hydrology, Director of Department of Water
Resources Management, General Director of General Department of Fisheries,
Director of Fisheries Department.
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Third, amending regulations on competency of implementing decision to
suspend, enforce and confirm the recovered-consequences for those who
violating administration in the direction who issue decision of suspending or
force to implement decision on handling administrative violations; for decision
of applying forms of recovering consequences, the state management agencies
in the field of environmental protection will be the authorized subject
implements decision to suspend and force to implement the decision.
4.2.3. Amending and supplementing provisions on the handling of
administrative violations in the field of environmental protection
- Abolishing and amending some provisions on fine in the 2012 law on the
handling of administrative violations, Decree 155 to ensure consistency.
- Increasing the minimum fine and the maximum fine when handling
violations of administration in the field of environmental protection but not
exceeding 2 billion dong.
- Amending and supplementing provisions on the forms of seizing material
evidences, preventing and ensuring the implementation and force to implement
decision on the handling of administrative violations in the field of
environmental protection.
- Supplementing forms of “putting real estate in pledge” into the 2012 law
on the handling of administrative violations to ensure imposing fine effectively.

4.2.4. Amending and supplementing a number of provisions on
procedures for handling administrative violations in the field of
environmental protection
- Increasing prescription, time is considered to have not been violated by the
law in the field of environmental protection. Expanding the scope of applying
the right to explain in case of seizing material evidences and means and the right
to use practicing certificate.
- Regulating the time to make records of administrative violations when
discovering through control and inspection, the time to make records of handling
administrative violations will be the time to make records of the inspection.
Place where making the records take place where the organizations or
individuals violate administration.
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- Completing provisions, order and procedures of inspecting the environment
quickly and ensuring surprises.
4.3. Solutions to improve the effectiveness actual situation of handling
administrative violations in the field of environmental protection
4.3.1. Solutions to raise awareness of compliance with environmental
protection laws, participate in handling administrative violations in the field of
environmental protection of individuals, organizations and communities
4.3.2. Solutions to the organizational structure and personnel
4.3.3. Solutions to strengthen inspection, control and settlement of
complaints and denunciations about handling administrative violations in the
field of environmental protection
4.3.4. Solutions to improve the efficiency of receiving, processing
information and publicizing information on administrative violations, and
increasing investment in facilities and equipment for handling administrative

violations in the field environmental Protection.
4.3.5. Solutions to improve the role of the community in handling
administrative violations in the field of environmental protection.
Sub-conclusion of chapter 4

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CONCLUSION AND FURTHER RESEARCH DIRECTIONS
From research findings on the handling of administrative violations in the
field of environmental protection, the study draws the following conclusion:
1. The dissertation clarifies the concept, characteristics and role of handling
administrative violations in the field of environmental protection.
2. The dissertation explains bases of handling administrative violations in
the field of environmental protection. It also clarifies the nature of forms and
procedures for handling administrative violations on protection of environment.
3. The study identifies factors affecting the process of handling
administrative violations.
4. The dissertation describes a system of the provisions of the law on
handling administrative violations in the field of environmental protection in
Vietnam today, it then also seeks to assess the situation and analyze advantages
and disadvantages, withdraw causes of limitations in the legal system.
Analyzing and assessing the reality of implementing laws on handling
administrative violations in the field of environmental protection by competent
subjects.
5. The dissertation seeks to analyze relevant points of view that should be
thoroughly grasped when handling administrative violations.
6. The dissertation proposes solutions to improve the efficiency of this field.
Further research directions: Building coercive measures in cases that
coercive subjects fail to abide by coercive decisions on forcing to recover

consequences or for those who are coerced to be unable to implement the
coercive decisions. Setting up coordination mechanism among administrative
agencies in the inspection and control of abiding law on environmental
protection and handling administrative violations in the field of environmental
protection.

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