Therefore, VLNCN has always been interested by the Party and the State, promoting development in all aspects from basic research, science and technology to management work to ensure very strict requirements.
Decree No. 71/2019/ND-CP stipulates sanctions for violations related to the illegal transportation, trading and use of explosives and explosives to ensure the legal basis for administrative sanctions when the violation is not determined to be a crime or there is insufficient basis for criminal prosecution according to the principles in Clause 2, Article 8 of the Penal Code and Clause 9, Article 6 of Resolution No. 03/2022/NQ-HDTP, or in other words, to avoid missing violations of the law that are not handled according to criminal law provisions.
In addition, Articles 62 and 63 of the Law on Handling of Administrative Violations also specifically stipulate the transfer of case files of violations with signs of crime for criminal prosecution and the transfer of case files of violations for administrative sanctions. However, the above provisions in Decree No. 71/2019/ND-CP (amended and supplemented by Decree No. 17/2022/ND-CP) can easily lead to inconsistent application, and competent persons can easily take advantage of them to administrativeize criminal acts.
In addition, in recent times, the Party, Government and Prime Minister have issued many directive documents to perfect institutions, build mechanisms and policies to promote administrative reform, decentralization, delegation of power, application and development of information technology to meet the requirements of sustainable development and international integration, so that the regulations on sanctioning authority stipulated in Decree No. 71/2019/ND-CP are no longer suitable.
Accordingly, in order to unify, synchronize, and avoid overlap in regulations on administrative sanctions and the Penal Code; unify regulations in newly issued legal documents in the field of explosives and the authority to sanction administrative violations in accordance with innovation, and to arrange the organization of the political system to be streamlined and operate effectively and efficiently, it is necessary to review and revise Decree No. 71/2019/ND-CP.
To complete the regulations on administrative sanctions for violations in the field of explosives, the draft Decree amending and supplementing a number of articles of Decree No. 71/2019/ND-CP includes the following contents:
1. Regarding administrative violations simultaneously regulated in the Penal Code in the management and use of explosive materials
Through reviewing the acts of administrative sanctions in the field of explosives and explosives with the Penal Code, it is proposed to add the provision that "when detecting acts of violation of the provisions in Clause 6, Article 54; Points a, b, Clause 4, Clause 5, Article 55; Points a, b, Clause 5, Points b, d, Clause 6, Article 56 of this Decree, the competent person handling the case must transfer the case file to the competent agency conducting criminal proceedings to prosecute criminal liability or handle administrative violations according to the provisions in Articles 62 and 63 of the Law on Handling of Administrative Violations.".
2. Regarding administrative violations stipulated in newly issued documents in the field of management and use of explosive materials
Through reviewing the Law on Management and Use of Weapons, Explosives and Supporting Tools and documents guiding the Law, it is proposed to supplement administrative sanctions for new violations as follows:
a) Add the violation of "not notifying the People's Committee of the commune where the blasting is carried out at least 24 hours before carrying out the blasting service" to comply with the provisions of Clause 9, Article 40 of the Law on Management and Use of Weapons, Explosives and Supporting Tools;
b) Add the violation "c) Not requesting the competent state agency to approve additional tasks to research, develop, and test industrial explosives products at the ministerial level when there is a change in the name, objectives, content, progress, and products of the task" to comply with the provisions of Clause 4, Article 6 of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade regulating the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of Industry and Trade.
3. On the authority to impose penalties, the determination of the authority to impose penalties and the authority to make records in the field of chemicals and hazardous materials
Through reviewing, amending and supplementing the authority to impose penalties, defining the authority to impose penalties and the authority to make records in the field of chemicals and hazardous materials to comply with the Law on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations (effective from July 1, 2025) and innovating and streamlining the apparatus of the political system, specifically:
a) Amend the titles allowed to impose administrative sanctions according to the provisions of the Law on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;
b) Amend the titles to suit the 2-level Local Government;
c) Amend the names of Ministries and units under the Ministry to conform to the innovation and streamlining of the apparatus of the political system.
Source: Department of Industrial Safety and Environment
Source: https://moit.gov.vn/tin-tuc/phat-trien-cong-nghiep/hoan-thien-quy-dinh-phap-luat-ve-xu-phat-vi-pham-hanh-chinh-trong-linh-vuc-vat-lieu-no-cong-nghiep.html
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