Proposing to raise the maximum sanctions of administrative violations in water resources

The National Assembly unanimously approved a law modifying and augmenting a number of provisions of the Law on the Handling of Administrative Violations on November 13, 2020, with an implementation date of January 1, 2022. The newly enacted law contains many provisions that are directly linked to the Decrees on punishing administrative breaches in the fields of natural disaster prevention and control, water resources management, and dyke management.

Accordingly, The Ministry of Agriculture and Rural Development has prepared a Decree on sanctioning administrative violations in the fields of natural disaster prevention and control; water resources; and dikes. The Decree is divided into six chapters and 44 paragraphs. Which clearly states administrative infractions, penalty categories, severity levels, and corrective methods applicable in the field.

The MARD proposed in the draft to set a maximum fine of VND 50 million in the field of natural disaster prevention and control; VND 100 million for violations of water resources; and VND 250 million (current regulations set it at VND100 million) for dike violations, which is consistent with Clause 1, Article 24 of the Law on the Handling of Administrative Violations.

Additionally, the draft clarifies that the sanction levels specified in this draft Decree are applicable to individuals, except for the acts specified in Article 13 (violation of security guarantees for natural disaster prevention and control in the management, operation, use, construction, or renovation of works as prescribed in Articles 18a and 19 of the Law o For the same administrative infraction, organizations face a fine that is double that of individuals.

A decree issued in 2017 on sanctioning administrative violations in the fields of natural disaster prevention and control; water resource exploitation and protection; and dyke construction exploitation and protection, as well as an amended decree issued in 2019, have aided in raising awareness of the issues among organizations and individuals.

However, the former revealed several shortcomings and limitations, including a lack of protection sanctions, specifically requiring the addition of a number of natural disasters prevention works; ensuring the requirements for natural disaster prevention and control; formulating and approving natural disaster response plans; and protecting river beds, riverbanks, floating beaches, and islets.

While some acts in both aforementioned decrees continue to have limitations and shortcomings in their implementation processes, including some violations, some prescribed acts remain vague and difficult to apply; and a number of prescribed acts remain unbroken down into acts and violations, resulting in unfair sanctions.

Due to the foregoing, the MARD believes that developing a draft Decree establishing penalties for administrative violations in the fields of natural disaster prevention and control; water resources and dyke management is necessary to ensure the legal system's consistency and to overcome limitations and inadequacies.

Vietnam has developed a world-class water resources infrastructure consisting of 6,759 reservoirs and 592 dams with a combined storage capacity of approximately 14.5 billion cubic meters, providing irrigation water for nearly 1.1 million hectares of agricultural land as well as water for human and industrial consumption.

According to the National Center for Hydro-meteorological Forecasting, the remaining months of 2021 are expected to see around 9-11 storms and tropical depressions operating in the East Sea, with three to five storms directly affecting the country's mainland. Flood peaks of 1-2 are typical in the Northern region's river basins. Thus, predicting, checking, and evaluating in order to react proactively to natural catastrophes is critical; this is particularly true for dike systems and water resources works.

Hydroelectric reservoirs and dams, as well as the majority of irrigation dams, are safe for flood prevention and control.