Legal Document
Decree No. 115/2016/ND-CP was promulgated by the Government on July 8, 2016, to amend its Decree No. 163/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on chemicals, fertilizers and industrial explosives.
Some major contents amended by Decree No. 115/2016/ND-CP are as follow:
- Apart from the primary penalties, the organization or individual that commits administrative violations may incur additional penalties including: suspension of relevant licenses and certificates in certain period, suspension of production and trading activities in certain period; and confiscation of exhibits and instruments for committing violations in certain cases.
- Regarding the imposition of administrative penalties, Decree No. 115/2016/ND-CP specifies that warning is considered a primary penalty and shall be imposed upon a violation by individual or organization that incurs a warning. The limit of fine amount is abolished, and it is stipulated that the fines specified in Decree No. 115/2016/ND-CP are imposed upon administrative violations committed by individuals, while that for the same violation committed by an organization is twice as much as that imposed upon an individual.
Besides, Decree No. 115/2016/ND-CP amends the fines for some violations and provides for additional penalties. It also amends the authority to impose penalties of Chairman of People’s Committees at all levels, inspectors, and police; and stipulates this authority of some additional agencies, including customs, market surveillance authorities, border guard, and coastguard.
Decree No. 115/2016/ND-CP becomes effective since September 15, 2016.
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