Xử lý vi phạm hành chính trong lĩnh vực bảo vệ môi trường ở việt nam hiện nay tt tiếng anh

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

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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
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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 socioeconomic development strategy in the period 2010-2020 affirmed that “Socioeconomic 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
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environmental protection are considered the basic nucleus of the system of law
on handling administrative violations in the field of environmental protection.
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
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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 socio-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
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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).

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.
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- 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.
- 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.
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- 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
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
9


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
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
10

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
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
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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
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handling administrative violations in the field of environmental protection; the
form and level of handling administrative violations in the field of environmental
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,
15


environmental license; checking transport means and objects, as well as places
store material evidence and means of administrative violations.
- 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
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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
18


who intentionally commit administrative violations in the field of
environmental protection for profit purposes.
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
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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.
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.

Figure 3.1: Cases of administrative violations in the field of environmental
protection between 2012 and 2018
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.
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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 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
21


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

Chapter 4
VIEWPOINTS AND SOLUTIONS TO IMPROVE THE EFFICIENCY
OF HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ENVIRONMENTAL PROTECTION
22


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-oflaw 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
out monitoring environment but not done in reports of assessing environment
impacts, environmental protection projects and equivalent environmental files
23


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
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