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THE GOVERNMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 144/2021/ND-CP
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Hanoi, December 31, 2021
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DECREE
ADMINISTRATIVE PENALTIES FOR
VIOLATIONS AGAINST REGULATIONS ON SOCIAL SAFETY, SECURITY, ORDER; SOCIAL EVILS,
FIRE PREVENTION AND FIREFIGHTING; RESCUE; DOMESTIC VIOLENCE PREVENTION AND
CONTROL
Pursuant
to the Law on Government Organization of Vietnam dated June 19, 2015; the Law
dated November 22, 2019 on amendments to the Law on Government Organization of
Vietnam dated June 19, 2015 and the Law on Local Government Organization;
Pursuant
to the Law on Handling of Administrative Violations of Vietnam dated June 20,
2010; the Law dated November 13, 2020 on Amendments to the Law on Handling of
Administrative Violations;
Pursuant
to the Law on Domestic Violence Prevention and Control of Vietnam dated November
21, 2007;
Pursuant
to the Law on Fire Prevention and Firefighting of Vietnam dated June 29, 2001;
the Law dated November 22, 2013 on Amendments to the Law on Fire Prevention and
Firefighting;
Pursuant
to the Law on Citizen Identification of Vietnam dated November 20, 2014;
Pursuant
to the Law on Housing of Vietnam dated November 25, 2014;
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Pursuant
to the Law on Entry, Exit, Transit, and Residence of Foreigners In Vietnam of Vietnam
dated June 16, 2014; the Law dated November 25, 2019 on Amendments to the Law
on Entry, Exit, Transit, and Residence of Foreigners In Vietnam;
Pursuant to the Law on Management and Use of Weapons,
Explosives and Combat Gears of Vietnam dated June 20, 2017 and the Law dated November 25,
2019 on Amendments to the Law on Management and Use of Weapons, Explosives and
Combat Gears;
Pursuant to the Law on State Secret Protection of Vietnam dated November
15, 2018;
Pursuant to the Law on Execution of Criminal Judgments of Vietnam dated June 14,
2019;
Pursuant to the Law on Entry and Exit of Vietnamese Citizens of Vietnam dated November
22, 2019;
Pursuant to the Law on Investment of Vietnam dated June 17,
2020;
Pursuant to the Law on Residence of Vietnam dated November
13, 2020;
Pursuant to the Law on Prevention and Control of Narcotic
Substances of Vietnam dated March 30, 2021;
Pursuant to the Law on Environment Protection of Vietnam dated November
17, 2020;
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At the request of the Minister of Public Security of Vietnam;
The Government promulgates a Decree on Administrative
penalties for violations against regulations on social safety, security, order;
social evils, fire prevention and firefighting; rescue; domestic violence
prevention and control.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This
Decree specifies administrative violations, penalties, fines, remedial measures
imposed against each administrative violations, persons having the power to
issue offence notices, impose penalties and specific fines.
2. Other
the Government’s Decrees on administrative penalties for violations against
relevant regulations shall apply to other administrative violations that are
directly related to social safety, security, order; social evils, fire
prevention and firefighting; rescue; domestic violence prevention and control
that are not provided for in this Decree.
Article 2. Regulated entities
1. Vietnamese
organizations and individuals, foreign organizations and individuals that
commit administrative penalties for violations against regulations on social
safety, security, order; social evils, fire prevention and firefighting;
rescue; domestic violence prevention and control within the territory, inland
waterways, territorial sea, contiguous zones, exclusive economic zones and
continental shelves of the Socialist Republic of Vietnam; on airplanes with
Vietnamese nationality and ships with Vietnamese flags.
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3. Authorities
and persons imposing administrative penalties for violations against
regulations on social safety, security, order; social evils, fire prevention
and firefighting; rescue; domestic violence prevention and control, relevant
organizations and individuals.
Article 3. Administrative penalties and
remedial measures
1. Primary
administrative penalties for violations against regulations on social safety,
security, order; social evils, fire prevention and firefighting; rescue;
domestic violence prevention and control include:
a) Warnings;
b) Fines.
2. Depending
on the nature and extent of the violation, the organizations and individuals
that commit violations against regulations on social safety, security, order;
social evils, fire prevention and firefighting; rescue; domestic violence prevention
and control may have to incur one or some of the following additional
penalties:
a) Suspension of the license or practicing certificate;
b) Suspension of operation;
c) Confiscation of exhibits or vehicles used for commission of
the administrative violations (hereinafter referred to as "exhibits and
means of administrative violations");
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3. In
addition to the remedial measures specified in Points a, c, e and I Clause 1
Article 28 of the Law on Handling of Administrative Violations, organizations
and individuals that commits the administrative violations specified in this
Decree may also have to implement one or some of the following remedial
measures:
a) Mandatory return of the illegally appropriated property;
b) Mandatory return of the certificates relevant to weapons,
combat gears and firecrackers; certificates of security and order; certificates
of security operation; certificates of seal registration; licenses to transport
goods with fire hazards/explosion hazards; fire safety approvals; practicing
certificates, certificates of eligibility to provide fire prevention and
firefighting services; certificates of inspection of fire safety and
firefighting equipment that are falsified ((hereinafter referred to as "licenses,
practicing certificates, certificates of registration");
c) Mandatory return of the ID card;
d) Mandatory return of the seal, the certificate of seal
registration;
dd) Mandatory destruction of documents that are illegally
sealed;
e) Mandatory withdrawal, return of documents, fliers,
articles, pictures serving commission of the administrative violations;
g) Mandatory withdrawal, return of classified documents and
items;
h) Mandatory removal of classified documents;
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k) Mandatory ventilation;
l) Mandatory installation and maintenance of anti-static
devices or systems as per regulations;
m) Mandatory installation of devices for detecting and
responding to leakage of substances/goods with fire hazards/explosion hazards;
n) Mandatory installation of electric devices or systems
serving fire prevention, firefighting and rescue;
o) Mandatory installation of the lightning protection system
or rectification of error or repair of damage to the lightning protection
system;
p) Mandatory implementation of fire separation solutions as
prescribed by law;
q) Mandatory update of the fire prevention and firefighting
database as per regulations;
r) Mandatory maintenance of continuous operation of incident
communication devices;
s) Mandatory withdrawal of the fire safety and firefighting
equipment or the inspection record;
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u) Mandatory fulfillment of contribution/nurturing
obligations;
v) Mandatory payment of the entire medical examination and
treatment cost.
4. Procedures
for return of a falsified license or certificate:
a) The competent person shall issue a decision; the violator
shall return the falsified license or certificate in accordance with Clauses 1,
2, 3 and 4 Article 85 of the Law on Handling of Administrative Violations;
b) The decision issuer mentioned in Point a of this Clause
shall send a written notification to the issuer of the license or certificate.
Article 4. Maximum fines, organizations
incurring administrative penalties
1. The
maximum fine for a domestic violence-related offence shall be 30.000.000 VND if
imposed upon an individual, 60.000.000 VND if imposed upon an organization; the
maximum fine for an offence against regulations on social security and order
shall be 40.000.000 VND if imposed upon an individual, 80.000.000 VND if
imposed upon an organization; the maximum fine for an offence against
regulations on fire prevention, firefighting and rescue shall be 50.000.000 VND
if imposed upon an individual, 100.000.000 VND if imposed upon an organization;
the maximum fine for an offence against regulations on social evils shall be
75.000.000 VND if imposed upon an individual, 150.000.000 VND if imposed upon
an organization.
2. The
fines specified in Chapter II of this Decree are imposed upon administrative
violations committed by individuals. The fine imposed upon an organization for
the same violation shall be twice the fine imposed upon an individual.
3. The
organizations mentioned in Clause 1 and Clause 2 of this Article include:
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b)Business organizations established under the Law on
Cooperatives, including: cooperatives, cooperative unions;
c) Social organizations, socio-political organizations,
social-professional organizations;
d) Public service providers;
d) State agencies that commit violations that are not their
state management tasks;
e) Artels.
4. Households,
household businesses that commit violations specified in this Decree shall
incur the same penalties as individuals.
Article 5. Prescriptive period
1. Prescriptive
period for imposition of administrative penalties for violations against
regulations on social safety, security, order; social evils, fire prevention
and firefighting; rescue; domestic violence prevention and control is 01 year.
2. Determination
of prescriptive period:
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b) For an ongoing administrative violation, the prescriptive
period begins when it is discovered by a competent person;
c) In case an administrative penalty is imposed under a
notice sent by a competent person, the prescriptive period will be the same as
that prescribed in Clause 1 of this Article, Point a and Point b of this Clause
by the date of issuance of the decision on penalty imposition.
Article 6. Procedures for imposition of
penalties for violations that are also provided for in the Criminal Code
Upon discovery of the violations specified in Point d Clause
1, Point c Clause 2, Point b Clause 3, Points b and c Clause 4, Points a and d
Clause 5 Article 7; Points b and c Clause 4 Article 9; Point a Clause 3, Points
a and b Clause 4 Article 10; Point c Clause 2, Clause 5 Article 11; Point c
Clause 3, Points b, dd and e Clause 5 Article 12; Point e Clause 3, Points a
and b Clause 4 Article 13; Points a, b, c and dd Clause 1, Points c, d and e
Clause 2 Article 15; Point a Clause 3 Article 16; Point a Clause 4, Point c
Clause 6 and Point a Clause 7 Article 18; Point dd Clause 2, Clause 4 Article 19;
Clause 3 Article 21; Clause 2, Clause 3, Points b, c, d, dd and e Clause 5
Article 23; Point c Clause 4 Article 26; Clause 2, Points b and d Clause 4,
Points a and d Clause 5 Article 28; Clause 4 Article 32; Point c Clause 5
Article 34; Point a Clause 2 Article 50; Point a Clause 4 Article 51; Clause 1
Article 52 and Clause 1 Article 53 of this Decree, the competent person who is
handling the case shall transfer the case file to a criminal proceeding
authority for criminal prosecution in accordance with Clauses 1, 2 and 4
Article 62 of the Law on Handling of Administrative Violations.
In case the criminal proceeding authority issues a decision
to not initiate criminal prosecution; a decision to cancel the decision on
criminal charge; a decision to suspend criminal investigation; a decision to
suspend the case; or a decision to cancel the decision on criminal charge and
return the case file, the case file shall be transferred to the person having
the power to impose administrative penalties specified in Clause 3 Article 62
and Article 63 of the Law on Handling of Administrative Violations for
imposition of administrative penalties in accordance with this Decree.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section 1. ADMINISTRATIVE VIOLATIONS
AGAINST REGULATIONS ON SOCIAL SAFETY, ORDER AND SECURITY
Article 7. Violations against regulations
on public order
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a) Disrupting order at a place with ongoing art performance,
sports activities, commerce, office buildings, residential areas or other
public places, except the cases specified in Point a Clause 2 and Point b
Clause 5 of this Article;
b) Allowing domestic animals to run off-leash in an urban
area or public area;
c) Allowing domestic animals, plants or other items to occupy
the road surface, sidewalk, public park, playground, urban area or public area
in a residential area or urban area;
d) Unintentionally causing injuries or bodily harm to another
person but not liable to criminal prosecution;
dd) Throwing or putting any other item on the perimeter walls
and adjacent areas of the protected area;
e) Raising, grazing livestock and poultry in an apartment
building
2. A fine ranging
from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following
violations:
a) Using alcohol or stimulants in a manner that disrupts
public order;
b) Assembling, joining a crowd in a public area in a manner
that disrupts public order;
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d) Flying kites, balloons, playing other flying toys in an
area where they are banned or in a protected area;
dd) Using an unmanned aerial vehicle (UAV) or an ultralight
aircraft without a flight license, or organizing flights before having the
license or after having been registered but the permitted time, location, area,
coordinates and limits are not adhered to;
e) Obstructing, harassing another person during handling,
transport, storage of luggage at a market, wharf, bus station, airport, port,
train station or another public area;
g) Lighting and launching sky lanterns;
h) Failure to have adequate documents while operating an UAV
or ultralight aircraft;
i) Organizing flights of an UAV or ultralight aircraft while
the operator has not fulfilled flight requirements;
k) Organizing flights of an UAV or ultralight aircraft while the
UAV or ultralight aircraft is not flight-qualified;
l) Spraying paint, writing, drawing, sticking images or text
on a wall, utility pole or another place in a residential area, public area,
apartment building, a citizen's residence or another construction work without
permission of a competent authority.
3. A fine
ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the
following violations:
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b) Organizing, hiring, enticing, tempting another person to
cause injuries or bodily harms, or to insult or humiliate another person but
not liable to criminal prosecution;
c) Providing false information for a competent authority or
organization;
d) Calling 111, 113, 114, 115 or a hotline number of an
organization for the purpose of harassment, threatening or insulting;
dd) Manufacturing, storing, transporting sky lanterns;
e) Designing, manufacturing, repairing, maintaining, testing
UAVs or ultralight aircrafts, engines, propellers and parts thereof without
adequate legal documents issued by or registered with competent authorities as
per regulations;
g) Designing, manufacturing, repairing, maintaining, testing
UAVs or ultralight aircrafts, engines, propellers and parts thereof without
maintaining fulfillment of personnel requirements under the license issued by a
competent authority;
h) Designing, manufacturing, repairing, maintaining, testing
UAVs or ultralight aircrafts, engines, propellers and parts thereof without
adequate equipment, tools, workshop, area under the license issued by a
competent authority;
i) Designing, manufacturing, repairing, maintaining, testing
UAVs or ultralight aircrafts, engines, propellers and parts thereof without
compliance with regulations of law on security, safety and environment.
4. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
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b) Carrying, storing, hiding cold weapons, combat gears or
other items that can cause injuries; items, vehicles for the purpose of
disrupting public order or causing injuries to another person;
c) Taking advantage of democracy, freedom of religion and
belief to organize, hire, entice, tempt another person to infringe upon
interests of the State, or lawful rights and interests of another organization
or individual;
d) Disrupting or obstructing normal operation of an
organization;
dd) Gathering, joining crowds illegally at Communist Party
agency, State agency or an area where crowds are banned.
e) Dumping, throwing wastes, dirty matters, chemicals, debris
or other objects into a house, residence; at a person, item or property of
another person; into the premises of an organization, workplace, factory,
business organization, protected area or guard post thereof;
g) Entering a protected area or guard post thereof without
permission;
h) Using an UAV or ultralight aircraft to fly a flag, banner,
drop fliers or play audio propaganda against the flight permit;
i) Writing, spreading, circulating documents or images that
are meant to slander another organization or individual, except the case
specified in Clause 1 Article 101 of the Government’s Decree No. 15/2020/ND-CP.
5. A fine
ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for any of the
following violations:
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b) Disrupting public order while carrying cold weapons,
combat gears or other items that can cause injuries;
c) Filming, photographing, charting an restricted area that
is relevant to defense and security;
d) Molestation of a person under 16 but not liable to
criminal prosecution;
dd) Molestation, sexual harassment;
e) Engaging in sexual acts in public;
g) Perform designing, manufacturing, repairing, maintaining,
testing UAVs or ultralight aircrafts, engines, propellers and parts thereof
against the categories or quality specified in the license issued by a
competent authority;
h) Using UAVs and ultralight aircrafts to launch, drop
harmful or dangerous objects or substances without permission.
6. A fine
ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for using UAVs and
ultralight aircrafts to perform aerial photography or videography without
permission.
7. A fine
ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for operating
UAVs and ultralight aircrafts against the license issued by a competent
authority.
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9. A fine
ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for designing,
manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts,
engines, propellers and parts without a license issued by a competent
authority.
10. A fine
ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for operating
UAVs and ultralight aircrafts without a license issued by a competent
authority.
11. A fine
ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for operating a
UAV and ultralight aircraft obstructing or endangering other aircrafts.
12. Hygiene-related
offences shall be handled in accordance with the Government’s Decree on
administrative penalties for environmental protection-related offences and
relevant legislative documents.
13. Additional
penalties:
a) Confiscation of the exhibits and means of administrative
violations for the violations specified in Points a, d, dd and g Clause 2; Points
dd Clause 3; Points b, e and I Clause 4; Points a, b and c Clause 5; Clauses 6
and 10 of this Article;
b) 3 - 6 months suspension of the license for designing,
manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts,
engines, propellers and parts thereof in case of violations specified in Point
h and Point I Clause 3 and Clause 9 of this Article ;
c) 3 – 6 months suspension of the flight license in case of
violations specified in Clauses 6, 7, 8 and 11 of this Article;
d) Expulsion of foreigners committing the violations
specified in Points c, e and g Clause 4 of this Article.
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a) Mandatory restoration of original condition in case of
violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4
of this Article;
b) Mandatory rectification of false or confusing information
in case of violations specified in Point a Clause 3; Point I Clause 4 of this
Article;
c) Mandatory public apology in case of violations specified in
Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is
relinquished in writing by the victim;
d) Mandatory environmental recovery in case of violations
specified in Point h Clause 5 of this Article;
dd) Mandatory payment of the entire medical examination and
treatment cost in case of violations specified in Point d Clause 1, Point c
Clause 2, Point b Clause 3 and Point a Clause 5 of this Article.
Article 8. Violations against regulations
on public serenity
1. A
warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed
for any of the following violations:
a) Making loud noises in a residential area or public area
during 10 p.m – 6 a.m;
b) Failure to comply with regulations on maintaining serenity
in health facilities, sanitariums, schools or other places with such
regulations;
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2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using
loudspeakers, gongs, drums, horns or other devices to make loud noises in
public without permission of competent authorities.
3. Additional
penalty:
Confiscation of the exhibits and means of administrative
violations in case of violations specified in Clauses 2 of this Article.
Article 9. Violations against regulations
on residence management and registration
1. A fine
ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the
following violations:
a) Failure to comply with regulations on registration of permanent
residence and temporary residence, cancellation of permanent residence and
temporary residence, household division or revision of residence in of in
Residence Database;
b) Failure to comply with regulations on notification of
residence and temporary absence;
c) Failure to present the family register, temporary
residence register, residence certification, other residence documents at the
request of a competent authority.
2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
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b) Buying, selling, leasing out the family register,
temporary residence register, residence certification, other residence
documents for commission of illegal acts;
c) Borrowing, lending or using the family register, temporary
residence register, residence certification, other residence documents for
commission of illegal acts;
d) Residing in a new lawful residence without completing
procedures for change of residence despite eligibility therefor;
dd) Operating a lodging establishment, tenement, treatment
facility, tourist accommodation or any other lodging facility without notifying
the accommodation of 1 - 3 guests;
e) Enticing, tempting, persuading, brokering, forcing another
person to violate residence laws;
g) Pledging the family register, temporary residence
register, residence documentation or receiving them as pledge;
h) Destroying the family register, temporary residence
register, residence documentation.
3. A fine
ranging from 2.000.000 VND to 4.000.000 VND shall be imposed for any of the
following violations:
a) Allowing another person to join the residence for personal
gain;
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c) Obstructing a citizen from exercising his/her freedom of
residence.
d) Giving, brokering, receiving bribes in residence
registration and management.
4. A fine
ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the
following violations:
a) Providing false information, documents about residence for
the purpose of registration of permanent residence, temporary residence,
declaring residence information, issuance of other residence document or
performing other illegal acts;
b) Making, using forged documents or data about residence for
the purpose of registration of permanent residence, temporary residence,
declaring residence information, issuance of other residence document or
performing other illegal acts;
c) Making, using a forged family register or temporary
residence register for the purpose of registration of permanent residence,
temporary residence, declaring residence information, issuance of other
residence document or performing other illegal acts;
d) Operating a lodging establishment, tenement, treatment
facility, tourist accommodation or any other lodging facility without notifying
the accommodation of 09 guests or more;
dd) Failure to have an adequate number of people keeping fire
watches as prescribed by law;
e) Obstructing, resisting residence or lodging inspection by
competent authority.
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Confiscation of the exhibits and means of administrative
violations in case of violations specified in Points a and h Clause 2, Points b
and Clause 4 of this Article.
6. Remedial
measure:
Mandatory return of the illegal profits earned from
commission of the administrative violations specified in Points b and g Clause
2 and Point a Clause 3 of this Article.
Article 10. Violations against regulations
on issuance, management, use of ID cards and citizen identity cards
1. A
warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for
any of the following violations:
a) Failure to present the ID card or citizen identity card or
ID number certificate at the request of a competent person;
b) Failure to comply with regulations of law on issuance,
replacement, reissuance of the citizen identity card;
c) Failure to return the ID card or citizen identity card to
the competent authority upon renunciation, loss of the Vietnamese nationality
or cancellation of the decision to grant the Vietnamese nationality; failure to
return the ID card or citizen identity card to the authority that executes the
detention order, sentences including imprisonment, compulsory education in a
reform school, correctional institution or rehabilitation center.
2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
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b) Erasing, chancing or otherwise falsifying the ID card or
citizen identity card or ID number certificate;
c) Destroying, deliberating damaging the ID card or citizen
identity card or ID number certificate;
3. A fine
ranging from 2.000.000 VND to 4.000.000 VND shall be imposed for any of the
following violations:
a) Making, using forged documents or data in order to be
granted an ID card or citizen identity card or ID number certificate;
b) Providing false information or documents in order to be
granted an ID card or citizen identity card or ID number certificate.
4. A fine
ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the
following violations:
a) Forging the ID card or citizen identity card or ID number
certificate; but not liable to criminal prosecution;
b) Using a forged ID card or citizen identity card or ID
number certificate;
c) Pledging the ID card or citizen identity card or ID number
certificate, or receiving them as pledge;
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dd) Borrowing, lending the ID card or citizen identity card
or ID number certificate for commission of illegal acts.
5. Additional
penalty:
Confiscation of the exhibits and means of administrative
violations for the violations specified Points b and c Clause 2, Point a Clause
3, points a, b, c and d Clause 4 of this Article.
6. Remedial
measures:
a) Mandatory return of the ID card or citizen identity card
or ID number certificate in case of violations specified in Point a Clause 2
and Point dd Clause 4 of this Article;
b) Mandatory return of the illegal profits earned from
commission of the administrative violations specified in Points a, c, d and dd
Clause 4 of this Article.
Article 11. Violations against regulations
on management and use of weapons, explosive materials, explosive precursors,
combat gears, fireworks, firecrackers, and dangerous banned toys
1. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following
violations:
a) Failure to implement or promptly and fully implement
regulations on periodic inspection of weapons and combat gears issued;
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c) Violating regulations on preservation of weapons and
combat gears;
d) Using or allowing children to use dangerous banned toys;
dd) Circulating expired licenses, confirmations,
certificates, qualifications relevant to management and use of weapons, combat
gears, fireworks and firecrackers.
2. A fine
ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Destroying, deliberately damaging weapons or combat gears
issued;
dd) Appropriating, exchanging, buying, selling, giving away,
borrowing, lending, renting, leasing, pledging licenses, confirmations,
certificates, qualifications relevant to weapons, combat gears, fireworks and
firecrackers, or receiving them as pledge;
c) Forging licenses, confirmations, certificates, qualifications
relevant to weapons, combat gears, fireworks and firecrackers;
d) Concealing, assisting or failure to report illegal
fabrication, production, carry, purchase, sale, repair, export, import,
storage, transport, use or destruction of weapons, combat gears, fireworks and
firecrackers;
dd) Losing licenses, confirmations, certificates,
qualifications relevant to weapons, combat gears, fireworks and firecrackers;
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g) Assigning weapons or combat gears to unqualified persons
as prescribed by law;
h) Assigning an unqualified person to manage the warehouse or
depot where weapons and combat gears are stored;
i) Failure to prepare a place for storage of weapons and
combat gears as prescribed by law;
k) Deliberately providing incorrect information about
management of weapons and combat gears; failure to report or timely report,
concealing or falsifying information about loss, accidents, incidents relevant
to weapons, explosive materials, explosive precursors, combat gears, fireworks
and firecrackers;
dd) Failure to present, surrender licenses, confirmations,
certificates, qualifications relevant to weapons, explosive materials, combat
gears as prescribed by law;
m) Carrying a weapon or combat gear without a certificate,
license or confirmation of registration;
n) Giving explosive fireworks, pyrotechnic compositions to an
unqualified organization or individual as prescribed by law;
o) Erasing, falsifying licenses, confirmations, certificates,
qualifications relevant to weapons, combat gears, fireworks and firecrackers.
3. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the
following violations:
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b) Transporting or destroying weapons, explosive materials,
explosive precursors or combat gears without ensuring safety or affecting the
environment but not liable to criminal prosecution;
c) Failure to carry out testing, inspection, assessment and
registration as prescribed by regulations of law on management of product
quality before initiation production, sale, use of weapons or combat gears in
Vietnam;
d) Illegal storage, transport of junk and scrap of weapons
and combat gears;
dd) Transport, storage of dangerous banned toys;
e) Selling explosive precursors to an organization or
enterprise that has not been granted the certificate of security and order,
certificate of eligibility to manufacture industrial explosives, license for
sale of explosive precursors or written approval issued by a competent
authority;
g) Losing provided cold weapons or combat gears;
h) Using weapons or combat gears without a license;
i) Illegal use of firecrackers, fireworks or pyrotechnic
compositions;
k) Manufacturing, providing, storing, transporting, repairing
weapons or combat gears with a license but failing to comply with regulations
of law.
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a) Illegally manufacturing, providing, storing, transporting,
repairing cold weapons or combat gears; parts or assemblies of weapons or
combat gears, or explosive components;
b) Appropriating cold weapons or combat gears; parts or
assemblies of weapons or combat gears, or explosive components;
c) Illegally manufacturing, storing, transporting, using
weapons that have similar functions to hunting guns, cold weapons, sporting
weapons or parts, assemblies for manufacture of weapons or combat gears with
similar functions;
d) Manufacturing, providing, storing, transporting,
repairing, using appropriating hunting guns, parts or assemblies thereof;
dd) Illegally excavating, searching, collecting weapons,
explosive materials, combat gears, wastes or scraps thereof;
e) Illegally transporting, storing firecrackers, fireworks,
pyrotechnic compositions, materials or components for production thereof;
g) Losing military or sporting weapons;
h) Illegally sawing, cutting or otherwise defusing bombs,
mines, bullets, grenades, explosives, naval mines, torpedoes and other weapons;
g) Illegally instructing, training, organizing training in
fabrication, production, repair or use of weapons and combat gears in any shape
or form.
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a) Illegally manufacturing, providing, storing, transporting,
repairing, using military or sporting weapons;
b) Appropriating military or sporting weapons;
c) Illegally bringing weapons, combat gears, firecrackers or
fireworks into or out of the territory of the Socialist Republic of Vietnam,
into a prohibited area or protected area.
6. Administrative
violations against regulations on management of explosive materials, explosive
precursors, production, sale of firecrackers shall be handled in accordance
with the Government’s Decree on administrative violations against regulations
on chemicals and industrial explosives, Decree on administrative violations against
regulations on trade, production, sale of counterfeit, banned goods and
protection of consumers, and relevant legislative documents.
7. Additional
penalties:
a) Confiscation of the exhibits and means of administrative
violations for the violations specified in Points d and dd Clause 1, Points a,
b, c, e and g Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a,
b, c, d, dd, e, h and I Clause 4 and Clause 5 of this Article;
b) 3 – 6 months suspension of the license for use,
certificate of registration of weapon or combat gear in case of violations
specified in Point e Clause 2 of this Article;
c) 9 - 12 months suspension of the license, certificate of
weapon, combat gear or fireworks in case of violations specified in Point a
Clause 2, Points b and k Clause 3 of this Article.
8. Remedial
measures:
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b) Mandatory return of the illegal profits earned from commission
of the administrative violations specified in Points b and c Clause 2; Points
a, b, c, d, dd, e and k Clause 3; Points a, c, d, e and I Clause 4 and Point a
Clause 5 of this Article;
c) Mandatory return of the license, certificate of weapon,
combat gear or fireworks in case of violations specified in Point o Clause 2 of
this Article;
Article 12. Violations against regulations
on management of business lines subject to security and order conditions
1. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
a) Untimely, untruthful, inadequate quarterly reports on
implementation of regulations on security and order according to regulations of
the Ministry of Public Security;
b) Incorrect or inadequate business records according to
regulations of the Ministry of Public Security;
c) Failure to send a notice and a copy of the certificate of
security and order to the police department of the commune where the business
is located within 05 days from the inauguration date;
d) Failure to send a notice to the police authority that
issued the certificate of security and order and the police department of the
commune where the business is located within 10 days from the suspension date;
dd) Failure to send a notice to the police authority that
issued the certificate of security and order within 03 working days from the
day on which the loss of the certificate is discovered;
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g) Failure to issue or publicize the procedures for receiving
applications for production of seals and prices thereof at the seal production
facility;
h) Failure to present the original certificate of security
and order at the request of a competent police authority.
2. A fine
ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to submit quarterly reports on implementation of
regulations on security and order to the police authority that issued the
certificate of security and order;
b) Failure to submit ad hoc reports on security and
order-related incidents that occur at the business establishment to the police
authority that issued the certificate of security and order and the police
department of the commune where the business establishment is located;
c) Failure to keep a log of business operation that is
suitable for the business lines as prescribed by law;
d) Failure to develop a plan for assurance of security and
order in the business lines that such a plan is required by law;
dd) Failure to have a warehouse or an adequate warehouse for
storage of materials, goods, products for sale;
e) Hiring unqualified people to work in business
establishments subject to security and order conditions as prescribed by law;
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h) Failure to retain copies of ID papers of mortgagor as
prescribed by law;
i) Providing paintball gun services for customers under 18
years;
k) Failure to have a health worker on duty at the paintball
gun area, who will handle accidents that occur during these activities;
l) Failure to inspect and retain copies of ID papers of
plastic surgery clients as prescribed by law;
m) Failure to fully follow procedures for inspection and
retention of information of guests and their visitors as prescribed by law;
n) Failure to send a notice to the police authority that
issued the certificate of security and order within 03 working days from the
day on which the person in charge of security and order of the business
establishment is changed.
3. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the
following violations:
a) Failure to maintain fulfillment of security and order conditions
throughout business operation;
b) Including false information in documents in order to
obtain the certificate of security and order;
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d) Falsifying the certificate of security and order or
certificate of security guard training;
dd) Lending, leasing out, selling, buying the certificate of
security and order;
e) Doing business at a location other than that specified in
the certificate of security and order;
g) Giving the seal to the customer without transferring it to
a competent police authority for registration as prescribed by law;
h) Providing the seal design of a organization to
unauthorized persons;
i) Receive collateral without making a mortgage contract as
prescribed by law;
k) Receive collateral without retention of the pledged
property or original copy of the certificate of ownership of the pledged
property at the business establishment throughout the mortgage period if such
certificate of ownership is required by law;
l) Receiving collateral that is owned by another person
without valid authorization of the owner to the mortgagor;
m) Selling or providing emergency signaling devices for
entities that do not have the license to use these devices or entities whose licenses
are not suitable for these devices;
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o) Employing a foreigner or a Vietnamese national who resides
overseas as the person in charge of security and order of the private security
company or to directly operate the business or as a private security guard;
p) Failure to provide or provide proper clothing and signs
for private security guards as prescribed by law;
q) Providing security services without signing contracts with
clients;
r) Buying or selling mobile signal jammers to an organization
or individual that has not obtain a license or written approval from a
competent authority;
s) Failure to hire or hire an adequate number of security
guards who are employees of the private security company during operation of a
night club, an establishment providing electronic prize-winning games for
foreigners, or a casino as prescribed by law;
t) Hiring a private security guard who has not obtained the
certificate of security guard training.
4. A fine
ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for any of the
following violations:
a) Operating in a business line subject to security and order
conditions without the certificate of security and order or during suspension
thereof;
b) Irresponsibility that leads to threats to security and
order, violations of law, acts that are contrary to fine traditions and ethics
at the business establishment directly under their management;
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d) Running a pawn business with the interest rate exceeds
that specified in the Civil Code;
dd) Failure to apply for registration of the business line
subject to security and order conditions that involves grant of secured loans
with interest rate exceeds that specified in the Civil Code;
e) Failure to preserve the pledged property or preserving
pledged property at a location other than that registered with the competent
authority;
g) Providing security guard services for illegal subjects,
targets or activities;
h) Failure to include sufficient information about the customers
in the logbook and failure to retain copies of ID papers of customers of the
casino or establishment providing electronic prize-winning games for
foreigners;
i) Buying, selling, importing goods, products that are
military clothing or military equipment without retention of adequate documents
as prescribed by law;
k) Selling or providing military clothing or military
equipment for subjects have not obtain a license or written approval from a
competent authority.
5. A fine ranging
from 20.000.000 VND to 40.000.000 VND shall be imposed for any of the following
violations:
a) Taking advantage of the business line subject to security
and order conditions to commit acts that are contrary to fine traditions and
ethics;
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c) Providing security services using violence or threat to
use violence for the purpose of threatening, obstructing normal operation of an
organization or individual, or infringe upon lawful rights and interests of an
organization or individual;
d) Using violence, threatening to use violence or using other
illegal methods to collect debts;
dd) Forging the certificate of security and order or certificate
of security guard training;
e) Using a forged certificate of security and order or
certificate of security guard training,
6. Additional
penalties:
c) 3 - 6 months suspension of the license, practicing
certificate, certificate of security and order in case of violations specified
in Point e Clause 3 and Points c, e and g Clause 4 of this Article;
b) 6 – 9 months suspension of the license, practicing
certificate, certificate of security and order in case of violations specified
in Points h and q Clause 3; Point d Clause 4 and Clause 5 of this Article;
c) Suspension of operation for 06 – 09 months in case of
violations specified in Point q Clause 3; Point a Clause 4 of this Article;
d) Confiscation of the exhibits and means of administrative
violations in case of violations specified Points b, c, h, m, n and r Clause 3;
Points c and k Clause 4, and Points b, dd and e Clause 5 of this Article;
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7. Remedial
measures:
a) Mandatory return of the illegal profits earned from
commission of the administrative violations specified in Points dd, i, k, l, m,
n and r Clause 3; Points d, dd and k Clause 4 and Point b Clause 5 of this
Article;
b) Mandatory return of the certificate of security and order
or certificate of security guard training in case of violations specified in
Point d Clause 3 of this Article.
Article 13. Violations against regulations
on management and use of seals
1. A fine
ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the
following violations:
a) Failure to apply for reissuance of the certificate of seal
registration after its loss;
b) Failure to apply for reissuance of the certificate of seal
registration after it is lost;
c) Failure to notify the relevant organization of the seal
design before use;
d) Failure to issue internal regulations on management and
use of the organization's own seal.
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a) Removing the seal from the organization without permission
of a state official or the head of the organization;
b) Failure to re-register the seal design as prescribed by
law;
c) Failure to submit to seal inspection; failure to present
the seal, the certificate of seal registration upon request for inspection of
the seal registration authority;
d) Failure to send a written notice to the authority that
issued the certificate of seal registration and the police authority of the
commune where the seal is lost within 02 working days from the day on which the
loss of the seal is discovered;
3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to turn the seal in under the decision of a
competent authority or the seal registration authority;
b) Appending the seal to a document that does not have the
signature of the competent person or has the seal of an unauthorized person;
c) Borrowing, lending, giving lease, taking lease, pledging,
buying, selling the seal, illegally destroying the seal; using the seal of
another organization for operation;
d) Using an expired seal;
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e) Forging the certificate of seal registration;
g) Using an seal without registration;
h) Failure to return the seal and the certificate of seal
registration upon issuance of the a competent authority's decision on division,
merger or consolidation, or revocation of the certificate of business
registration or operation license, or business suspension or termination; or
upon receipt of a competent authority's request for of the seal as prescribed
by law;
i) Erasing, falsifying the certificate of seal registration.
4. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the
following violations:
a) Forging documents to make an additional seal of an
organization or state official;
b) Forging a seal or using a fake seal;
c) Appropriating, illegaling trading seals;
d) Illegally destroying seals.
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a) Confiscation of the exhibits and means of administrative
violations in case of violations specified in Points c, e and g Clause 3 and
Points a and b Clause 4 of this Article;
b) Expulsion of foreigners committing the violations
specified in Clauses 3 and 4 of this Article.
6. Remedial
measures:
a) Mandatory return of the seal, the certificate of seal
registration in case of violations specified in Point b Clause 2; Points a, d
and dd Clause 3 and Point c Clause 4 of this Article;
b) Mandatory destruction of documents that are illegally
sealed in case of violations specified in Point b Clause 3 of this Article;
c) Mandatory return of the illegal profits earned from
commission of the administrative violations specified in Point c Clause 3 and
Point c Clause 4 of this Article;
d) Mandatory return of the certificate of seal registration
in case of violations specified in Point I Clause 3 of this Article.
Article 14. Violations against regulations
on criminal sentence execution and implementation of administrative measures
1. A
warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed
for any of the following violations:
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b) Violations against regulations on implementation of
administrative measures including compulsory education in the commune,
compulsory admission to a reform school, correctional institution or
rehabilitation center.
2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
a) Violations against regulations on implementation of
preventive measures, enforcement measures: emergency detention, arrest,
detention or custody, bail, prohibition from leaving residence, suspension from
exit, escort, transport, distraint of property, freezing of accounts or
commission of violations that lead to other preventive measures, enforcement
measures as prescribed by law;
b) Violations against regulations on implementation of
detention or custody measures; violations against regulations on execution of
penalties including fines, confiscation of property, deportation.
3. A fine
ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the
following violations:
a) The person who is granted deferral of imprisonment sentence
fails to be present when being summoned by a criminal sentence execution
authority or the People’s Committee of the commune;
b) The person who is granted deferral of imprisonment
sentence fails to facilitate the transfer from the detention center, the
district-level criminal sentence execution authority to the People’s Committee
of the commune;
c) The person who is granted deferral of imprisonment
sentence fails to report at the request of the People’s Committee of the
commune;
d) The person who is given a suspended sentence fails to be
present when being summoned by the sentence execution authority or the People’s
Committee of the commune;
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e) The person who is given a suspended sentence fails to be
present at the disciplinary meeting; fails to report the serving of the
sentence;
g) The person who is serving a community sentence fails to be
present when being summoned by the sentence execution authority or People’s
Committee of the commune;
h) The person who is serving a community sentence fails to
serve the sentence;
i) The person who is serving a community sentence fails to
report the serving of the sentence;
k) The person who is serving a community sentence fails to be
present at the disciplinary meeting;
l) The person who is serving a community sentence fails to
turn in part of the deductible income;
m) The person who is serving a community sentence fails to do
certain works serving the local community under the decision of the criminal
sentence execution authority;
n) The person who is under mandatory supervision fails to
fulfill his/her obligations as prescribed by law;
o) The person who is under mandatory supervision fails to be
present at the request of the criminal sentence execution authority or the
People’s Committee of the commune in which he/she is being supervised without
acceptable explanation;
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q) The person who is under mandatory supervision fails to be
present and report to the People’s Committee of the commune as prescribed by
law;
r) The person who is incurring prohibition from residence
fails to be present at the request of the People’s Committee of the commune;
s) The person who is incurring prohibition from residence
fails to make a commitment to serve the sentence;
t) The person who is given conditional parole fails to be
present at the People’s Committee of the commune after the parole is given;
u) The person who is given conditional parole fails to make a
commitment to fulfill his obligations;
v) The person who is given conditional parole fails to be
present at the request of the criminal sentence execution authority or People’s
Committee of the commune;
x) The person who is given conditional parole fails to attend
the disciplinary meeting;
y) The person who is given conditional parole fails to report
as prescribed by law.
4. A fine
ranging from 3.000.000 VND to 4.000.000 VND shall be imposed for any of the
following violations:
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b) The person who is granted deferral of imprisonment
sentence fails to be present at criminal sentence execution authority after the
expiration of the postponement duration or at the request of the competent
authorities.
c) The person who is granted deferral of imprisonment sentence
fails to be present at a place where he/she will serve the sentence before the
deferral or at criminal sentence execution authority after the expiration of
the deferral duration or at the request of the competent authorities.
d) The person who is sentenced to prison while on bail with
decision on execute criminal judgments fails to be present at criminal sentence
execution authority within the prescribed time limit.
dd) The person who is given a suspended sentence leaves his/her
residence without permission or the consent of the People's Committee of the
commune or fails to be present at his/her resident longer than the length of
time he/she is allowed to be absent;
e) The person who is given a suspended sentence changes his/her
place of residence without the consent of the competent authorities;
g) The person who is under mandatory supervision leaves the
place of mandatory supervision without the consent of the competent persons or
over the time he/she is allowed to leave without reasonable reasons;
h) The person who is given conditional parole fails to abide
by management of the People's Committee of the commune;
i) The person who is given conditional parole leaves his/her residence
without permission or the consent of the People's Committee of the commune or
fails to be present at his/her resident longer than the length of time he/she
is allowed to be absent;
k) The person who is given conditional parole changes his/her
place of residence without the consent of the competent authorities;
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m) The person who is serving a community sentence leaves
his/her residence without permission or the consent of the People's Committee
of the commune or fails to be present at his/her resident longer than the
length of time he/she is allowed to be absent;
n) The person who is serving a community sentence changes
his/her place of residence without the consent of the competent authorities;
o) The person subject to the sentence of deprivation of
certain civil rights exercises the prohibited rights according to the judgment;
p) The person who serves the sentence of prohibition from
holding certain positions, practicing certain professions or performing certain
jobs fails to perform his/her obligations as prescribed by law;
q) The person who is given conditional parole fails to
perform his/her obligations during the probation period;
Article 15. Violations against regulations
on causing damage to property of other organizations or individuals
1. A fine
of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the
following violations:
a) Stealing property, intruding into residential areas,
warehouses or other places under the management of another person for the
purpose of theft or appropriation of property
b) Blatantly appropriating property;
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d) Taking a loan, borrowing, leasing property of another
person or receiving property of another person under a contract and then fails
to repay loan or return property and uses it for illegal purposes which result
in the offender's inability to repay the loan or return the property
dd) Negligence that results in damage to property of the
State, authorities, organizations and enterprises.
2. A fine
of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the
following violations:
a) Destroying or deliberately damaging property of
organizations or individuals, except for violations mentioned in Point b Clause
3 Article 21 of this Decree;”.
b) Using deception or creating circumstances to force another
person into giving money or property;
c) Cheating or defrauding in brokerage, instruction or
introduction of services of trading of house and land or other property;
d) Buying, selling, concealing, or using property of another
person despite knowing that the assets were illegally obtained;
dd) Using, buying, selling, mortgaging, illegally pledging or
impounding property of another person;
e) Extorting property without bringing criminal prosecution
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a) Confiscate the exhibits and means used for committing
administrative violations specified in Points a,b,c and d Clauses 1 and Points
a,b,c and dd Clause 2 of this Article.
b) Expel foreigners committing the administrative violations
specified in Clauses 1 and 2 of this Article.
4. Remedial
measures:
a) Enforced return of benefits illegally obtained from the
commission of the violation in Points c, d and dd Clause 2 of this Article;”.
b) Mandatory return of the illegally appropriated property in
case of commission of the violations in Points dd and e Clause 2 of this
Decree."
c) Mandatory restoration of original condition in case of
administrative violations specified in Point a Clause 2 of this Article.".
Article 16. Violations against regulations
on tontine
1. A fine
of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the
following violations:
a) Failing to notify members of the new place of residence
which any member changes.;
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c) Failing to make written agreements on tontine or make
written agreements without the main contents as prescribed by law;
d) Falling to open tontine books;
dd) Failing to hand over the annuities to the
annuity-receiving members at each tontine opening.
e) Failing to let members see and copy the tontine book and
supply information related to the tontine upon request.
g) Failing to issue a receipt for a member when contributing
or receiving annuity shares or interests or conduct other relevant transactions
2. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following
violations:
a) Failing to notify the local People’s Committee of commune
in writing of organization of a tontine group. The value of annuity shares of
which at a tontine opening is at least VND 100 million;
b) Failing to notify the local People’s Committee of commune
in writing of organization of at least two tontine groups.
3. A fine
of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the
following violations:
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b) Organizing tontine to mobilize illegal fund.
4. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in Clause 3 of this Article;”.
Article 17. Violations against regulations
on protection for public works or security and order works.
1. A fine
of from VND 500.000 to VND 1.000.000 shall be imposed for shifting signals,
instruction signs, signboards of agencies and organizations without permission.
2. A fine
of from VND 1.000.000 to VND 2.000.000 shall be imposed for any of the
following violations:
a) Arbitrarily shifting and dismantling column of telephone,
telegraph, lamp-post and fence of state agencies or other public works;
b) Dismantling, demolishing or doing anything else that may
damage the signals, instruction signs, signboards of agencies and
organizations.
c) Destroying property and kind at a protected area or guard
post thereof; climbing or performing other acts that impact on the gate, door,
fence of a protected area or guard post thereof without permission.
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a) Confiscate the exhibits and means used for committing
administrative violations specified in Clauses 1 and 2 of this Article.
b) Expel foreigners committing the administrative violations
specified in Clause 2 of this Article.
4. Remedial
measure:
Mandatory restoration of original condition in case of
administrative violations specified in Clauses 1 and 2 of this Article.".
Article 18. Violations against regulations
on exit, entry, transit, residence and travel
1. A
warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed upon
a foreigner for traveling within the territory of Vietnam without bearing
passport, laissez-passer, international travel document, document issued to a
foreigner entering, leaving or residing in Vietnam or ABTC card.
2. A fine
of from VND 500.000 to VND 2.000.000 shall be imposed for any of the following
violations:
a) Failing to notify competent authorities of loss or damage
of passport, laissez-passer, international travel document, document issued to
a foreigner entering, leaving or residing in Vietnam or ABTC card;
b) Intentionally providing false information to be issued,
extended or restored or false information relating to loss of passport or
laissez-passer; intentionally providing false information to be issued with
international travel document, document issued to a foreigner entering, leaving
or residing in Vietnam or ABTC card;
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d) Failing to present passport, laissez-passer, international
travel document, document issued to a foreigner entering, leaving or residing
in Vietnam or ABTC card at the request of competent authorities or officials of
Vietnam; failing to comply with the request of a competent authority or
official of Vietnam for frisking of people or vehicles, or inspection of
articles or places where the exhibits and instrumentalities of an
administrative violation are hidden;
dd) A foreigner still uses certificate of temporary
residence, approval of temporary residence extension or temporary resident card
or fails to apply for replacement of permanent residence card for residing in
Vietnam without obtaining permission from a competent authority when one of
these documents has been expired for less than 16 days.
3. A fine
of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the
following violations:
a) Crossing national borders without following immigration
procedures as prescribed by law;
b) Destroying, erasing, deleting, altering or falsifying
format or contents of passport, laissez-passer, international travel document,
document issued to a foreigner entering, leaving or residing in Vietnam or ABTC
card;
c) Gifting, giving, hiring, leasing, pawning or receiving
passport, laissez-passer, international travel document, document issued to a
foreigner entering, leaving or residing in Vietnam or ABTC card as collateral;
d) Letting another person use one’s passport, laissez-passer,
international travel document, document issued to a foreigner entering, leaving
or residing in Vietnam or ABTC card for performing illegal acts;
dd) Using another person’s passport, laissez-passer,
international travel document, document issued to a foreigner entering, leaving
or residing in Vietnam or ABTC card for entering, exiting, transiting, residing
or performing other acts of violation;
e) A foreigner still uses certificate of temporary residence,
approval of temporary residence extension or temporary resident card or fails
to apply for replacement of permanent residence card for residing in Vietnam
without obtaining permission from a competent authority when one of these
documents has been expired for from 16 days to less than 30 days;
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h) A tourist accommodation establishment that is a hotel
fails to make internet connection or connect their computer network with the
immigration division affiliated to the relevant provincial department of public
security for transmitting information about foreigners’ declaration of
temporary residence;
i) An accommodation establishment fails to make declaration
of temporary residence or update information about temporary residence when
providing overnight accommodation for foreigners; a foreigner fails to provide
information or provides false information for the accommodation establishment
when making declaration of temporary residence as prescribed by law.
4. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the
following violations:
a) Using a fake passport, laissez-passer, international
travel document, document issued to a foreigner entering, leaving or residing
in Vietnam or ABTC card;
b) A foreigner still uses certificate of temporary residence,
approval of temporary residence extension or temporary resident card or fails
to apply for replacement of permanent residence card for residing in Vietnam
without obtaining permission from a competent authority when one of these
documents has been expired for from 30 days to less than 60 days.
5. A fine
of from VND 10.000.000 to VND 15.000.000 shall be imposed for any of the
following violations:
a) A foreigner enters, works or performs other activities in
Vietnam without obtaining permission from a competent authority of Vietnam;
b) A foreigner still uses certificate of temporary residence,
approval of temporary residence extension or temporary resident card or fails
to apply for replacement of permanent residence card without obtaining
permission from a competent authority when one of these documents has been
expired for from 60 days to less than 90 days;
c) Buying or selling passports, laissez-passers,
international travel documents, documents issued to foreigners entering,
leaving or residing in Vietnam or ABTC cards.
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a) Following procedures for inviting or sponsoring a
foreigner for entry, exit or residence in Vietnam without fulfilling responsibilities
as prescribed by law, or providing false information when following such
procedures;
b) A foreigner fails to use his/her visa, temporary resident
card or approval of temporary residence extension for the stated purpose or
program;
c) Forging documents to be issued with passport,
laissez-passer, international travel document, document issued to a foreigner
entering, leaving or residing in Vietnam or ABTC card;
d) A foreigner still uses certificate of temporary residence,
approval of temporary residence extension or temporary resident card or fails
to apply for replacement of permanent residence card without obtaining
permission from a competent authority when one of these documents has been
expired for 90 days or more;
dd) An agency or organization that uses or employs foreigners
fails to follow procedures for inviting or sponsoring them to apply for
issuance of visa or temporary resident card, unless these documents can be
repurposed as prescribed by law.
7. A fine
of from VND 30.000.000 to VND 40.000.000 shall be imposed for any of the
following violations:
a) Forging passports, laissez-passers, international travel
documents, documents issued to foreigners entering, leaving or residing in
Vietnam or ABTC cards;
b) Entering or staying at an embassy, consulate, diplomatic
mission, consular mission or international authority or organization located in
Vietnam without their permission;
c) A foreigner resides in a prohibited area;
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dd) Organizing, arranging, assisting, inciting, concealing,
harboring or enabling others to illegally enter and stay in foreign countries
or enter and stay in Vietnam or illegally cross national borders.
a) A foreigner fails to comply with a decision issued by a
competent authority to force him/her to leave Vietnam and continues staying in
Vietnam;
8. Additional
penalties:
a) Confiscation of the exhibits and means of administrative
violations in case of violations specified in Points b, c, d Clause 3; Point a
Clause 4; Point a Clause 5; Point c Clause 6; Points a, d Clause 7 of this
Article;
b) Expulsion of foreigners who commit the violations
specified in Clauses 1 through 7 of this Article.
9. Remedial
measure:
Mandatory return of the illegal profits earned from
commission of the administrative violations specified in Point c Clause 3 and
Points a and c Clause 5 of this Article.
Article 19. Violations against regulations
on protection for classified information
1. A fine
of from VND 1.000.000 to VND 3.000.000 shall be imposed for any of the
following violations:
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b) Copying, keeping, transporting, giving or receiving
classified documents or items in contravention of law;
c) Failing to withdraw classified documents or items
according to regulations of the law;
d) Bringing classified documents or items out of the place of
storage of the classified documents or items serving works without permission
of competent persons;
dd) Failing to hand over classified documents and items in
case of resignation, job transfer, retirement or failure to be assigned to
continue to manage classified information;
e) Failing to use classified information for the stated
purposes;
g) Failing to determine classified information for the
documents that do not contain classified information; mark classification level
on the documents that do not contain classified information in accordance with
the law;
h) Determining the classification level in an inexact manner
according to regulations of the Law.
i) Failing to determine or mark the classification level
according to regulations of the Law.
2. A fine of
from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following
violations:
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b) Flailing to carry out measures for prevention and remedial
measures in case of disclosure or loss of classified information
c) Failing to notify the competent state agencies or persons
in case of disclosure or loss of classified information;
d) Failing to remove classified information when changing
intended purpose of use of computers and other devices used for drafting,
keeping and exchanging classified information;
dd) Failing to destroy classified documents or items in
accordance with regulations of the law;
3. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the
following violations:
a) Failing to draft and keep classified documents on
computers or other devices that have been connected to the Internet, computer
networks or telecommunications networks in accordance with the Law;
b) Using devices that are capable of receiving, transmitting
signals, recording audio or video or other forms in conferences, seminars or
meetings with classified information without permission of competent persons;
c) Misjudging or destroying classified documents or items;
d) Failing to provide or transfer classified information in
accordance with regulations of the law;
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4. A fine
of from VND 20.000.000 to VND 30.000.000 shall be imposed for any of the
following violations:
a) Disclosing classified information; losing classified
documents or items, but not to the extent of being prosecuted for penal
liability;
b) Failing to post or spread classified documents on the mass
media, the Internet, computer networks and telecommunications networks in
accordance with regulations of the Law;
c) Failing to transmit classified documents on the mass
media, telecommunications networks in accordance with regulations of the Law;
5. Additional
penalty:
Confiscate the exhibits and means used for committing
administrative violations specified in Points b, did Clauses 3 of this Article.
6. Remedial
measures:
a) Enforced return of classified documents or items in case
of the violations specified in Points b,d,dd Clause 1, Point a Clause 2, point
d Clauses 3 of this Article;
b) Enforced withdrawal of classified documents or items in
case of the violations specified in Point c Clause 1 of this Article;
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d) Enforced restoration of original condition in case of
administrative violations specified in Point c Clause 3 of this Article.".
Article 20. Violations against regulations
on management, use of uniform, insignia, badge, identification number, police
ID card or other papers that are exclusive to the People's Public Security
force
1. A fine
of from VND 500.000 to VND 1.500.000 shall be imposed for Illegal possession
and use of uniform, insignia, badge, identification number, police ID card or
other papers that are exclusive to the People's Public Security force
2. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for Illegal trading
and change of uniform, insignia, badge, identification number, police ID card
or other papers that are exclusive to the People's Public Security force
3. A fine
of from VND 10.000.000 to VND 30.000.000 shall be imposed for Illegal
production or fabrication of uniform, insignia, badge, identification number,
police ID card or other papers that are exclusive to the People's Public Security
force
4. Additional
penalties:
a) Confiscate the exhibits and means used for committing
administrative violations specified in Clauses 1, 2 and 3 of this Article.
b) Expel foreigners committing the administrative violations
specified in Clauses 1, 2 and 3 of this Article.
5. Remedial
measure:
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Article 21. Acts of obstructing or resisting
inspection, examination and control of on-duty officers or giving bribes to
on-duty officers
1. A fine
of from VND 1.000.000 to VND 4.000.000 shall be imposed for brokering,
assisting organizations or individuals committing the violation to evade their
responsibilities in inspection, examination and control of on-duty officers
2. A fine
of from VND 4.000.000 to VND 6.000.000 shall be imposed for any of the
following violations:
a) Obstructing or failing to comply with the requirements for
inspection, examination and control or other duties of on-duty officers
according to regulations of the Law;
b) Having words or actions threatening, abusive, insulting
the honor and dignity of the on-duty officers;
c) Organizing, enticing, assisting, tempting another person
not to comply with the requirements for inspection, examination and control of
the on-duty officers;
3. A fine
of from VND 6.000.000 to VND 8.000.000 shall be imposed for any of the
following violations:
a) Using force or threatening to use force against the
on-duty officers;
b) Causing damage to property and/or facilities of the state
agencies or the on-duty officers;
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4. Remedial
measure:
a) Mandatory public apology in case of commission of the
violation in Point b Clause 2 of this Decree.".
Article 22. Violations against regulations
on creation, management and use of the national database on population,
database on residence, database on citizen identity
1. A fine
of from VND 2.000.000 to VND 4.000.000 shall be imposed for deliberately
failing to provide, inadequately providing, falsifying information, papers or
documents serving creation, collection, updating, management and use of the
national database on population, database on residence, database on citizen
identity.
2. A fine
of from VND 4.000.000 to VND 6.000.000 shall be imposed for any of the
following violations:
a) Falsifying books, documents, data, papers and information
about citizens in the national database on population, database on residence,
database on citizen identity
b) Extracting or using database, information about citizens
in the national database on population, database on residence, database on
citizen identity without the consent of the holders of the database;
c) Obstructing, preventing or interrupting the transmission,
provision and receipt of the national database on population, database on
residence, database on citizen identity.
3. A fine
of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the
following violations:
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a) Deliberately disclosing secret information about citizens
in the national database on population, database on residence, database on
citizen identity;
4. A fine
of from VND 30.000.000 to VND 40.000.000 shall be imposed for any of the
following violations:
a) Illegally accessing, changing, deleting, spreading
information in the national database on population, database on residence,
database on citizen identity;
b) Destroying technical infrastructure, transmission lines
and pages and equipment serving the normal operation of the agency that manage
national database on population.
5. Additional
penalty:
Confiscate the exhibits and means used for committing
administrative violations specified in Point a Clauses 3 and 4 of this Article.
6. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in prescribed Clauses 2, 3 and 4 of this Article;
Section 2. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND COMBAT AGAINST SOCIAL VICES
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1. A
warning or a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed
for illegal use of narcotic substances.
2. A fine
of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the
following violations:
a) Illegally possessing, transporting or appropriating
narcotic substances without bringing criminal prosecution
b) Possessing, transporting, trading or appropriating
precursors used in illegal manufacturing of narcotic substances;
c) Manufacturing, possession, transport, trading of
instruments and equipment used in illegal manufacturing or use of narcotic
substances.
3. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing opium poppy
plants, coca plants, cannabis plants, khat plants other plants containing
narcotic substances.
4. A fine
of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the
following violations:
a) A head, a legal representative, a person assigned to
manage the service business establishment, a manager of vehicle(s) or another
person who is responsible for the management of restaurant(s), tourist
accommodation establishment(s), club(s), karaoke business, discotheque, video
game business and vehicle(s) allow illegal possession, trade and use of
narcotic substances to occur in the area(s) and vehicle(s) under their
management;
b) Brokering, assisting or other acts that help another
person to illegally use narcotic substances.
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a) Providing premises, instruments for another person to
illegally use, possess, trade narcotic substances.
b) Violations against regulations on export, import, temporary
import, re-export, temporary export, re-import or transit through Vietnam’s
territory narcotic substances, narcotic drug, psychotropic drug and precursors;
c) Violations against regulations on research, analysis,
test, manufacturing, preservation or storage of narcotic substances and/or
precursors;
d) Violations against regulations on delivery, possession,
transport of narcotic substances, narcotic drug, psychotropic drug and
precursors;
dd) Violations against regulations on distribution, trading,
use, exchange of narcotic substances, narcotic drug, psychotropic drug and
precursors;
e) Violations against regulations on management, control,
storage of narcotic substances, narcotic drug, psychotropic drug and precursors
in the border checkpoint area or at sea;
g) Carrying out narcotic substance rehabilitation that
exceeds the scope of operation stated in licenses to operate voluntary
rehabilitation centers
6. A fine
of from VND 40.000.000 to VND 50.000.000 shall be imposed for leasing out,
lending, transferring or using the license to operate voluntary rehabilitation
center for other purposes.
7. A fine
of from VND 50.000.000 to VND 75.000.000 shall be imposed for organization of
voluntary rehabilitation without registration or operating license.
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a) Confiscate the exhibits and means used for committing
administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this
Article.
b) Suspend the license, practicing certificate, certificate
of security and order from 06 to 12 months in case of violations specified in
Point a Clauses 4 and 6 of this Article;
c) Suspend operation for 03 - 06 months in case of commission
of the violation specified in points b and g Clauses 5 of this Article;
d) Expel foreigners committing the administrative violations
specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
9. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in Clause 6 of this Article;”.
Article 24. Sex buying;
1. A fine
of from VND 1.000.000 to VND 2.000.000 shall be imposed for buying sex:
2. A fine
of from VND 2.000.000 to VND 5.000.000 shall be imposed for buying sex in case
the offence involves more than one person at the same time.
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Confiscate the exhibits and means used for committing
administrative violations specified in Clauses 1 and 2 of this Article.
Article 25. Sex selling;
1. A
warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for
selling sex.
2. A fine of
from VND 1.000.000 to VND 2.000.000 shall be imposed for selling sex in case
the offence involves more than one person at the same time.
3. Additional
penalties:
a) Confiscate the exhibits and means used for committing
administrative violations specified in Clauses 1 and 2 of this Article.
b) Expel foreigners committing the administrative violations
specified in Clauses 1 and 2 of this Article.
4. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in prescribed Clauses 1 and 2 of this Article;
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1. A
warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for
prostitution or engaging in sexual acts.
2. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for concealment,
protection for prostitution.
3. A fine
of from VND 10.000.000 to VND 20.000.000 shall be imposed for assisting,
enticing, tempting, forcing or another person to buy or sell sex:
4. A fine of
from VND 30.000.000 to VND 50.000.000 shall be imposed for any of the following
violations:
a) Using force or threatening to use force to protect or
maintain prostitution;
b) Contributing money and property to prostitution;
c) Procuring
5. “2. A
fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for one of acts
that abuse positions, powers, dignity to protect or maintain prostitution.
6. Remedial
measure:
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Article 27. Abusing the business and
services for prostitution activities;
1. A fine
ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for prostitution
or sexual activities as the business methods.
2. A fine
ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for a head, a
legal representative, a person assigned to manage the service and business
establishment(s) who allows prostitution or sexual acts to happen in the
area(s) under their management
3. Additional
penalties:
a) Suspend the certificate of security and order from 06 to
12 months in case of violations specified in Point a Clauses 1 and 2 of this
Article;
b) Expel foreigners committing the administrative violations specified
in Clauses 1 and 2 of this Article.
4. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in Clause 1 of this Article;”.
Article 28. Illegal gambling;
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2. A fine
of from VND 1.000.000 to VND 2.000.000 shall be imposed for any of the
following violations:
a) Illegally gambling with one of the forms such as “xoc
dia”, “ta la”, “to tom”, “tu lo kho”, “tam cuc”, “3 cay”, “tu sac”, “do den”,
“co the”, “binh an do 6 la”, “binh xap xam 13 la”, “tien len 13 la”, “da ga”,
“tai xiu” or other forms which are lost or won in cash, property or in kind;
b) Gambling with machine or illegal electronic games;
c) Illegally betting in sports competition, entertainment or
other activities.
3. A fine
of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the
following violations:
a) Illegally receiving deposit, pawn or loan at casinos or
other gambling places;
b) Selling illegal lottery number, lottery sheet or printed
matters used for playing illegal lottery; handing them over to another person
to receive commissions;
c) Assisting, concealing the illegal gambling;
d) Protecting illegal casinos or other gambling places;
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4. A fine
of from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the acts of
gambling organization as follows:
a) Enticing, inciting or gathering people for illegal
gambling;
b) Using home or accommodation or other means and locations
to organize the gambling;
c) Illegally placing gambling or electronic game machine;
d) Organizing illegal betting activities;
5. A fine
of from VND 10.000.000 to VND 20.000.000 shall be imposed for one of acts of
organizing the illegal lottery as follows:
a) As a banker;
b) Organizing the production and distribution of illegal
lottery sheets or other printed matters used for illegal lottery playing;
c) Organizing network for sales of illegal lottery;
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6. Additional
penalties:
a) Confiscate the exhibits and means used for committing
administrative violations specified in Clause 1, Clause 2; Points a and b
Clause 3 and Points b,c and dd Clauses 4 and 5 of this Article;
b) Suspend operation for 06 - 12 months in case of commission
of the violation specified in point d Clause 3 of this Article;
c) Expel foreigners committing the administrative violations
specified in Clauses 1, 2, 3, 4 and 5 of this Article.
7. Remedial
measure:
Enforced return of benefits illegally obtained from the
commission of the violation in Clause 1, Clause 2 or Points a and b Clause 3; points
b, c and d Clauses 4 and 5 of this Article;”.
Section 3. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON FIRE PREVENTION AND FIREFIGHTING; RESCUE
Article 29. Violations against regulations
on promulgation, dissemination and implementation of rules and regulations,
signs, warning signs, diagrams, direction signs related to fire prevention,
firefighting and rescue
1. A
warning or a fine ranging from 100.000 VND to 300.000 VND shall be imposed for
any of the following violations:
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b) Putting up rules and regulations, signs, warning signs,
diagrams, direction signs about fire prevention, firefighting and rescue where
they are not visible or do not work as intended;
c) Putting up signs, warning signs, direction signs related
to fire prevention, firefighting and rescue against regulations.
2. A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for any of the
following violations:
a) Failure to put signs, warning signs, diagrams, direction
signs about fire prevention and firefighting; warning signs in dangerous areas
as prescribed by law;
b) Failure to comply with rules and regulations on fire
prevention, firefighting and rescue of the competent person or competent
authority;
c) Failure to disseminate rules and regulations on fire
prevention, firefighting and rescue among people under management;
d) Promulgating rules and regulations on fire prevention, firefighting
and rescue with inadequate contents or with contents that are not appropriate
for the operation of the facility.
3. A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failure to
putting up rules and regulations on fire prevention, firefighting and rescue.
4. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failure to
have rules and regulations on fire prevention, firefighting and rescue or
having rules and regulations on fire prevention, firefighting and rescue that
contradict legislative documents of the State
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1. A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for failure to
implement or punctually implement fire safety and rescue requirements that are
imposed by a competent authority in writing.
2. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to organize implementation of documents with
instructions on fire prevention, firefighting and rescue of the competent
authority;
b) Failure to implement documents with requirements for fire
prevention, firefighting and rescue of the competent authority;
c) Failure to present documents serving inspection of fire
safety and rescue requirements;
d) Failure to assign persons with responsibility to work with
the inspecting persons after having received the notice of inspection of fire
safety and rescue requirements;
dd) Failure to carry out self-inspection of fire safety and
rescue requirements as prescribed by law;
e) Failure to send the report on inspection of fire safety as
prescribed by law.
3. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for failure to
implement the decision on suspension of operation as prescribed by regulations
of law on fire prevention and firefighting.
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Article 31. Violations against regulations
on documents for management and monitoring of fire prevention, firefighting and
rescue activities
1. A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for any of the
following violations:
a) Failure to have adequate documents for management and
monitoring of fire prevention, firefighting and rescue activities as prescribed
by law;
b) Failure to update and supplement documents for management
and monitoring of fire prevention, firefighting and rescue activities.
2. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failure to
prepare documents for management and monitoring of fire prevention,
firefighting and rescue activities.
Article 32. Violations against regulations
on documents for management, preservation and use of substances/goods with fire
hazards/explosion hazards
1. A
warning or a fine ranging from 100.000 VND to 300.000 VND shall be imposed for
failure to have documents for management and monitoring of substances/goods
with fire hazards/explosion hazards.
2. A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for storing,
placing, arranging substances/goods with fire hazards/explosion hazards in
inappropriate places or exceeding the capacity or without maintaining safety
distance or without sorting them by categories as prescribed by law.
3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for using
containers of substances/goods with fire hazards/explosion hazards that do not
have the certificate of inspection or do not satisfy fire safety requirements.
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5. A fine
ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for bringing
substances/goods with fire hazards/explosion hazards to a crowded area.
6. A fine
ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for illegal use
of substances/goods with fire hazards/explosion hazards.
7. Additional
penalties:
a) Confiscation of the exhibits and means of administrative
violations in case of violations specified in Clauses 3, 4, 5 and 6 of this
Article;
b) Expulsion of foreigners committing the violations
specified in Clauses 4, 5 and 6 of this Article.
8. Remedial
measure:
Mandatory storage, placement, arrangement, reduction of
quantity of substances/goods with fire hazards/explosion hazards in case of
violations specified in Clause 2 of this Article.
Article 33. Violations against regulations
on fire prevention and firefighting during manufacture and sale of
substances/goods with fire hazards/explosion hazards
1. A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the
following violations:
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b) Failure to install anti-static devices or systems or
installing unfit anti-static devices or systems.
2. A fine
ranging from 8.000.000 VND to 15.000.000 VND shall be imposed for any of the
following violations:
a) Failure to install devices for detecting and responding to
leakage of substances/goods with fire hazards/explosion hazards;
b) Failure to have a plan for response to broken reservoices
or pipelines containing substances/goods with fire hazards/explosion hazards.
3. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for any of the
following violations:
a) Manufacturing, selling, packaging, filling
substances/goods with fire hazards/explosion hazards without a license;
b) Packaging, filling substances/goods with fire
hazards/explosion hazards at inappropriate location; packaging, filling
substances/goods with fire hazards/explosion hazards into containers that are
not appropriate for these substances/goods.
4. A fine
ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for
manufacturing, selling banned substances/goods with fire hazards/explosion
hazards.
5. Additional
penalties:
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b) Suspension of operation for 03 – 06 months in case of
violations specified in Point b Clause 3 and Clause 4 of this Article.
6. Remedial
measures:
a) Mandatory ventilation in case of violations specified in
Point a Clause 1 of this Article;
b) Mandatory installation of anti-static devices or systems in
case of violations specified in Point b Clause 1 of this Article;
c) Mandatory installation of devices for detecting and
responding to leakage of substances/goods with fire hazards/explosion hazards
in case of violations specified in Point a Clause 2 of this Article.
Article 34. Violations against regulations
on transport of goods with fire hazards/explosion hazards
1. A
warning or a fine ranging from 100.000 VND to 300.000 VND shall be imposed for
failure to remove the fire hazards/explosion hazards symbol from the vehicle
after the goods with fire hazards/explosion hazards have been removed from the
vehicle.
2. A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the
following violations:
a) Arranging goods with fire hazards/explosion hazards on the
vehicle against regulations of law;
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3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to maintain fulfillment of fire safety
requirements during the transport of the goods with fire hazards/explosion
hazards on the vehicle;
b) Transporting other goods and the goods with fire
hazards/explosion hazards on the same vehicle without permission by a competent
authority;
c) Carrying unauthorized persons on the vehicle transporting
goods with fire hazards/explosion hazards;
d) Losing the license for transporting goods with fire
hazards/explosion hazards without notifying a competent authority.
4. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for failure
putting up fire hazards/explosion hazards symbole on the vehicle.
5. A fine
ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the
following violations:
a) Transporting goods with fire hazards/explosion hazards
exceeding the maximum permissible quantity/weight or transporting wrong
categories of goods;
b) Transporting goods with fire hazards/explosion without the
license to transport goods with fire hazards/explosion hazards;
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d) Falsifying the license to transport goods with fire
hazards/explosion hazards;
dd) Failure to ensure fire safety or failure to comply with
instructions of the person in charge while unloading, pumping, moving goods
with fire hazards/explosion hazards from the vehicle;
e) Failure to have or maintain fire safety measures for the
devices or pipelines for transporting flammable/explosive gases/liquids;
g) Unloading, pumping, moving goods with fire
hazards/explosion hazards at a location that do not satisfy fire safety
requirements;
h) Unloading, pumping moving goods with fire
hazards/explosion hazards to another vehicle during the trip without permission
by a competent authority.
6. Additional
penalty:
Confiscation of the exhibits and means of administrative
violations in case of violations specified in Points b, c, and d Clauses 5 of
this Article.
7. Remedial
measures:
a) Mandatory reduction of quantity, volume, categories of the
goods with fire hazards/explosion hazards in case of violations specified in
Point a Clause 5 of this Article;
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c) Mandatory return of the license to transport goods with
fire hazards/explosion hazards in case of violations specified in Point d
Clause 5 of this Article.
Article 35. Violations against regulations
on fire prevention and firefighting during management, use of sources of
fire/heat, fire-/heat-generating devices or electronic devices
1. A
warning or fine of from 100.000 VND to 300.000 VND shall be imposed for bringing
matches, lighters, cellphones, sources of fire/heat, fire-/heat-generating
devices to areas where they are banned.
2. A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for use of sources of
fire/heat, fire-/heat-generating devices without maintaining a fire safety
distance according to regulations of law.
3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for use of sources
of fire/heat, fire-/heat-generating devices, electric devices or electronic
devices in areas where they are banned.
4. A fine
ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for welding,
cutting metals without implementing fire safety measures as prescribed by law.
Article 36. Violations against regulations
on fire prevention and firefighting during installation, management and use of
electricity
1. A fine
ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Changing the design or fundamental specifications of an electricity
system or electric device without permission by a competent authority;
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2. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the
following violations:
a) Using electric devices without satisfying explosion proof
requirements in an environment with fire hazards/explosion hazards;
b) Failure to have or maintain a backup power source for the
fire prevention and firefighting system and relevant technical systems as
prescribed by law.
3. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for failure to
install electric devices or systems serving fire prevention, firefighting and
rescue as prescribed by law.
4. Remedial
measure:
Mandatory installation of electric devices or systems serving
fire prevention, firefighting and rescue in case of violations specified in
Clause 3 of this Article.
Article 37. Violations against regulations
on fire safety during installation, inspection and maintenance of lightning
protection system
1. A
warning or fine of from 100.000 VND to 300.000 VND shall be imposed for failure
to have documents for monitoring the lightning protection system as prescribed
by law.
2. A fine
ranging from 300.000 VND to 500.000 VND shall be imposed for failure to carry
out periodic inspection of the lightning protection system as prescribed by
law.
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4. A fine
ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for installing a
lightning protection system that fails to satisfy lighting protection
requirements.
5. A fine
ranging from 10.000.000 VND to 25.000.000 VND shall be imposed for failure to
install a lightning protection system in a house or building in which a
lightning protection system is mandatory as prescribed by law.
6. Remedial
measures:
a) Mandatory rectification of error or repair of damage in
case of violations specified in Clause 3 of this Article;
b) Mandatory installation of a conformable lightning
protection system in case of violations specified in Clause 4 and Clause 5 of
this Article.
Article 38. Violations against regulations
on fire prevention and firefighting in investment and construction
1. A fine
ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failure to
have measures and instruments for assurance of fire safety during the
construction process as prescribed by law.
2. A fine
ranging from 8.000.000 VND to 15.000.000 VND shall be imposed for any of the
following violations:
a) Executing construction against the fire safety designed
approved by a competent authority;
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c) Falsifying the
certificate of approval or the document approving the commissioning result or other
documents relevant to fire prevention and firefighting commissioning issued by
competent authorities.
3. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for any of the
following violations:
a) Executing construction of a work subject to fire safety
appraisal before having the fire safety design certificate or approval
document;
b) Manufacturing motor vehicles subject to fire safety
appraisal before having the fire safety design certificate or approval
document.
4. A fine
ranging from 30.000.000 VND to 50.000.000 VND shall be imposed for putting into
operation a work, work item or motor vehicle before having the fire safety
commissioning document.
5. A fine
ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for putting into
operation a work, work item or motor vehicle before having the fire safety
design certificate or approval document.
6. Remedial
measures:
a) Mandatory fire safety appraisal in case of violations
specified in Point b Clause 2 and Clause 3 of this Article;
b) Mandatory fire safety commissioning in case of violations
specified in Clause 4 of this Article;
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d) Mandatory return of the certificate of fire safety
approval or commissioning in case of violations specified in Point c Clause 2
of this Article.
Article 39. Violations against regulations
on fire safety and fire separation distance
1. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
a) Placing, arranging supplies or goods without maintaining
fire safety and fire separation distance as prescribed by law;
b) Failure to organize industrial cleaning which causes fire
hazards/explosion hazards in the environment.
2. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for installing
fire-rated walls, partitions, doors and other fire separation solutions that do
not satisfy requirements as prescribed by law.
3. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for building
ceilings, floors, partitions, roofs or placing flammable materials where they
are not allowed.
4. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for any of the
following violations:
a) Failure to clean flammable materials along the corridor of
pipelines for petroleum, gas and petroleum products;
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c) Building housing, residential works in the forest or along
the forest without maintaining fire safety distance and fire safety corridor as
prescribed by law.
5. A fine
ranging from 30.000.000 VND to 50.000.000 VND shall be imposed for any of the
following violations:
a) Failure to install fire-rated walls, partitions, doors and
other fire separation solutions as prescribed by law;
b) Failure to maintain fire separation measures as prescribed
by law.
6. Remedial
measure:
Mandatory implementation of fire separation solutions in case
of violations specified in Point b Clause 5 of this Article.
Article 40. Violations against regulations
on fire escape
1. A fine
ranging from 500.000 VND to 1.000.000 VND shall be imposed for installing
mirrors on the escape route; installing escape doors that do not swing in the
direction of egress.
2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
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b) Removing, damaging or compromising emergency lighting,
emergency exit signs, escape plan, fire safety signs along the escape route;
c) Failure to install the escape plan, fire safety signs
along the escape route;
d) Failure to inspect and maintain emergency lighting and
emergency exit signs;
dd) Failure to maintain continuous operation of emergency
lighting and emergency exit signs;
3. A fine
ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to install emergency lighting, emergency exit
signs along the escape route; emergency lighting, emergency exit signs do not
have enough brightness or are not installed properly or are not functional as
prescribed by law;
b) The sizes or quantity of escape doors, routes, staircases
are inadequate as prescribed by law.
4. A fine
ranging from 5.000.000 VND to 15.000.000 VND shall be imposed for any of the
following violations:
a) Locking, blocking the escape door;
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5. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for compromising
the escape route.
6. Remedial
measure:
Mandatory restoration of original condition in case of
violations specified in Point b Clause 2; Clauses 4 and 5 of this Article.
Article 41. Violations against regulations
on firefighting and rescue plans
1. A
warning or fine of from 100.000 VND to 300.000 VND shall be imposed for failure
to manage the firefighting plan as prescribed by law.
2. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
a) Developing a firefighting and rescue plan that has
adequate contents as prescribed by law;
b) Failure to send the fire drill plan and the report to the
supervisory authority as prescribed by law;
c) Failure to send copies of the rescue plan to competent
authorities.
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a) Using a firefighting and rescue plan that has not been
approved as prescribed by law;
b) Failure to organize drills of the scenarios in the
firefighting plan prescribed by law;
c) Failure to appoint persons or provide necessary
information and documents about the development of the firefighting plan as
requested by the competent authority.
4. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to develop a firefighting and rescue plan;
b) Failure to organize periodic or irregular fire and rescue
drills as prescribed by law;
c) Failure to assign personnel and vehicles under management
to participate in the fire drill when mobilized by the competent person.
Article 42. Violations against regulations
on fire and incident/accident alarm
1. A fine
ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the
following violations:
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b) Failure to replace damaged or compromised fire alarm
devices as prescribed by law.
2. A fine
ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the
following violations:
a) Failure to sound the fire alarm or accident alarm, or
obstructing the sounding of fire alarm or incident/accident alarm;
b) Sounding false fire alarm or incident/accident alarm.
Article 43. Violations against regulations
on declaration of fire prevention and firefighting data and incident
communication
1. A warning
or fine of from 100.000 VND to 300.000 VND shall be imposed for failure to
incorrectly or inadequately update the fire prevention and firefighting
database as prescribed by law.
2. A fine
ranging from 500.000 VND to 1.500.000 VND shall be imposed for failure to
maintain continuous operation of the incident communication devices as
prescribed by law.
3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failure to
update the fire prevention and firefighting database as prescribed by law.
4. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for failure to
incident communication devices as prescribed by law.
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a) Mandatory update of the fire prevention and firefighting
database in case of violations specified in Clause 1 and Clause 3 of this
Article;
a) Mandatory maintenance of continuous operation of incident
communication devices in case of violations specified in Clause 2 of this
Article.
Article 44. Violations against regulations
on provision, storage and use of fire safety and firefighting equipment
1. A
warning or a fine ranging from 100.000 VND to 300.000 VND shall be imposed for
any of the following violations:
a) Visually or physically blocking the access of fire safety
and firefighting equipment;
b) Use of unfit common firefighting equipment as prescribed
by law;
c) Failure to prepare documents for management of fire
safety, firefighting and rescue equipment.
2. A fine
ranging from 500.000 VND to 1.500.000 VND shall be imposed for any of the following
violations:
a) Failure to periodically inspect and maintain the fire
safety and firefighting equipment and system;
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c) Failure to have adequate or compatible fire safety and
firefighting equipment as prescribed by law;
d) Failure to provide common firefighting equipment on motor
vehicles as prescribed by law;
dd) Losing, damaging or compromising common firefighting equipment,
extinguishing agents, firefighting communication devices.
3. A fine
ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Providing, installing, using fire safety and firefighting
equipment that have not undergone fire prevention and firefighting inspection
as prescribed by law;
b) Providing fire safety and firefighting equipment that is
not suitable for the fire hazards/explosion hazards of the facility as
prescribed by law;
c) Use of firefighting equipment at its post for unintended
purposes;
d) Use of the firefighting water source for unintended
purposes or failure to have adequate reserve of water for firefighting as
prescribed by law;
dd) Moving, relocating fire safety and firefighting equipment
against the designed approved by a competent authority;
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4. A fine
ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the
following violations:
a) Failure to provide common firefighting equipment in
houses, buildings or on motor vehicles that have special fire safety
requirements for passenger transport as prescribed by law;
b) Losing, damaging or compromising firefighting apparatus,
fire alarm or firefighting system;
c) Failure to maintain the readiness of the available
firefighting apparatus, fire alarm or firefighting system as prescribed by law;
d) Falsifying the certificate of inspection of fire safety
and firefighting equipment.
5. A fine
ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for any of the
following violations:
a) Failure to install the fire alarm and firefighting system
as prescribed by law;
b) Failure to have firefighting apparatus as prescribed by
law.
6. Remedial
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b) Mandatory return of the certificate of inspection of fire
safety and firefighting equipment in case of violations specified in Point d
Clause 4 of this Article.
Article 45. Violations against regulations
on firefighting and rescue
1. A
warning or fine of from 100.000 VND to 300.000 VND shall be imposed for
entering the firefighting or rescue site without permission of a competent
person.
2. A
warning or fine of from 300.000 VND to 500.000 VND shall be imposed for failure
to promptly rescue people, property or extinguish fire.
3. A fine
ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the
following violations:
a) Failure to be prepared in terms of forces, vehicles, water
sources and other conditions serving firefighting and rescue as prescribed by
law;
b) Failure to follow orders of the incident commander;
c) Failure to follow the order to participate in the
firefighting or rescue issued by the competent person;
d) Failure to have or maintain a firefighting elevator and a
fire control station as prescribed by law.
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a) Obstructing operation of the firefighting or rescue force
or vehicle;
b) Failure to participate in post-fire recovery activities at
the request of the competent person;
c) Failure to participate in protection of the incident site
as per regulations;
d) Failure to prepare, maintain roads, parking lot, access
for the firefighting apparatus and force to operate as per regulations.
5. A fine
ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the
following violations:
a) Failure to organize the escape, rescue of people or
firefighting;
b) Taking advantage of the firefighting or rescue to harm to
health or lawful property of other citizens and the State.
Article 46. Violations against regulations on dissemination
of fire prevention, firefighting and rescue law and knowledge, provision of
training in fire prevention, firefighting and rescue
1.
A warning or fine of from 100.000 VND to
300.000 VND shall be imposed for damaging fire prevention and firefighting
banners, posters, billboards.
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a)
Failure to organize dissemination of fire prevention, firefighting and rescue
law and knowledge as prescribed by law;
b)
Assigning a person who has not been granted the certificate of training in fire
prevention and firefighting or who has an expired certificate of training in
fire prevention and firefighting to an internal or professional firefighting
force, as operator or attendant on a vehicle for transport of more than 29
passengers or goods with fire hazards/explosion hazards, or to work in a
environment with fire hazards/explosion hazards or regular contact with goods
with fire hazards/explosion hazards;
c)
Employing a person as a professional rescuer without a certificate of rescue
training or with an expired certificate of rescue training;
d)
Organize training in fire prevention, firefighting and rescue with inadequate
contents or time as prescribed by law.
3. A fine ranging from 1.500.000 VND to 3.000.000 VND shall be
imposed for failure to organize training in fire prevention, firefighting and
rescue.
Article 47. Violations against regulations on establishment
and management of internal and professional firefighting teams
1.
A warning or a fine ranging from 100.000 VND
to 300.000 VND shall be imposed for any of the following violations:
a)
Failure to have an adequate number of people keeping fire watches as prescribed
by law;
b)
Failure to proficiently use the fire safety and firefighting equipment
available at the facility.
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3.
A fine ranging from 1.000.000 VND to 3.000.000
VND shall be imposed for any of the following violations:
a)
Establishing an internal or professional firefighting team that does not have
an adequate number of members;
b) Failure
to manage or maintain operation of the internal or professional firefighting
team as prescribed by law;
c)
Failure to provide or adequately provide fire safety and firefighting equipment
for the internal or professional firefighting team as prescribed by law;
d)
Failure to assign people to the internal firefighting team as prescribed by
law.
4.
A fine ranging from 3.000.000 VND to 5.000.000
VND shall be imposed for failure to participate in fire prevention and
firefighting activities at the request of the competent person.
5.
A fine ranging from 5.000.000 VND to
10.000.000 VND shall be imposed for failure to establish the internal
firefighting team as per regulations.
6.
A fine ranging from 10.000.000 VND to
15.000.000 VND shall be imposed for failure to establish the professional
firefighting team as per regulations.
Article 48. Violations against regulations on provision of
fire prevention and firefighting services
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2.
A fine ranging from 10.000.000 VND to
15.000.000 VND shall be imposed for any of the following violations:
a)
Employing a person who does not have the practicing certificate for fire
prevention and firefighting to provide fire prevention and firefighting
services if such a certificate is required;
b)
Falsifying the practicing certificate or certificate of eligibility to provide
fire prevention and firefighting services;
c)
Failure to return the certificate of eligibility to provide fire prevention and
firefighting services when no longer providing fire prevention and firefighting
services;
d)
Failure to maintain adequate personnel, material facilities, vehicles and
equipment for provision of fire prevention and firefighting services after the
certificate of eligibility to provide fire prevention and firefighting services
is granted;
dd)
Issuing the certificate of inspection of fire safety and firefighting equipment
to equipment that is not on the list of equipment of which inspection is
permitted by a competent authority;
e) Issuing
the certificate of inspection of fire safety and firefighting equipment without
following the inspection procedures established by a competent authority.
3.
A fine ranging from 15.000.000 VND to
25.000.000 VND shall be imposed for any of the following violations:
a)
Providing fire prevention and firefighting services before the certificate of
eligibility to provide fire prevention and firefighting services is granted as
prescribed by law;
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c)
Issuing the certificate of inspection without actually carry out the inspection
or issuing a false certificate of inspection.
4.
A fine ranging from 30.000.000 VND to
50.000.000 VND shall be imposed for any of the following violations:
a)
Manufacturing, selling fire safety and firefighting equipment with
specifications different from those specified in the certificate of inspection
of fire safety and firefighting equipment issued by a competent authority;
b)
Putting fire safety and firefighting equipment into circulation without
inspection as prescribed by law.
5.
Additional penalty:
Suspension
of the certificate of eligibility to provide fire prevention and firefighting
services for 03 – 06 months in case of violations specified in Point b Clause 3
of this Article.
6.
Remedial measures:
a)
Confiscation of the fire safety and firefighting equipment in case of
violations specified in Point a and Point b Clause 4 of this Article;
b)
Revocation of the certificate of eligibility to provide fire prevention and
firefighting services for 03 – 06 months in case of violations specified in
Point c and Point d Clause 2 of this Article;
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d)
Mandatory return of the practicing certificate or certificate of eligibility to
provide fire prevention and firefighting services in case of violations
specified in Point b Clause 2 of this Article.
Article 49. Violations against regulations on compulsory
fire and explosion insurance
1.
A fine ranging from 20.000.000 VND to
30.000.000 VND shall be imposed for any of the following violations:
a) Buying
compulsory fire and explosion insurance against regulations of law on
principles and premiums of compulsory fire and explosion insurance;
b)
Failure to issue the certificate of compulsory fire and explosion insurance or
issuing a certificate with inadequate contents as prescribed by law.
2.
A fine ranging from 30.000.000 VND to
40.000.000 VND shall be imposed for failure to buy compulsory fire and
explosion insurance (for facilities to which fire and explosion insurance is
compulsory).
3. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed for failure contribute part of the compulsory fire and explosion
insurance premium to the fire prevention and firefighting fund as prescribed by
law.
Article 50. Violations against regulations on fire
prevention and firefighting in households
1.
A fine ranging from 100.000 VND to 300.000 VND
shall be imposed for any violation against regulations on fire prevention and
firefighting that causes a fire or explosion and property damage of from
50.000.000 VND to less than 100.000.000 VND.
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a) Any
violation against regulations on fire prevention and firefighting that causes a
fire or explosion and property damage of more than 100.000.000 VND;
b) Any
violation against regulations on fire prevention and firefighting that cause
bodily harm upon 01 person with whole person impairment (WPI) of < 61%;
c) Any
violation against regulations on fire prevention and firefighting that cause
bodily harm upon 02 or more persons, each of whom suffers < 61% WPI.
3.
Remedial measure:
Mandatory
payment of the entire medical examination and treatment cost in case of violations
specified in Point b and Point c Clause 2 of this Article.
Article 51. Penalties for causing fire or explosion
1.
A fine ranging from 100.000 VND to 300.000 VND
shall be imposed for any violation against regulations on fire prevention and
firefighting that causes a fire or explosion and property damage of less than
20.000.000 VND.
2.
A fine ranging from 1.000.000 VND to 3.000.000
VND shall be imposed for violations against regulations on fire prevention and
firefighting that causes a fire or explosion and property damage of from
20.000.000 VND to less than 50.000.000 VND.
3.
A fine ranging from 3.000.000 VND to 5.000.000
VND shall be imposed for violations against regulations on fire prevention and
firefighting that causes a fire or explosion and property damage of from
50.000.000 VND to less than 100.000.000 VND.
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a) Any
violation against regulations on fire prevention and firefighting that causes a
fire or explosion and property damage of more than 100.000.000 VND;
b) Any
violation against regulations on fire prevention and firefighting that cause
bodily harm upon 01 person with whole person impairment (WPI) of less than 61%;
c) Any
violation against regulations on fire prevention and firefighting that cause
bodily harm upon 02 or more persons, each of whom suffers < 61% WPI.
5. Remedial measure:
Mandatory
payment of the entire medical examination and treatment cost in case of violations
specified in Point b and Point c Clause 4 of this Article.
Section 4. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON DOMESTIC
VIOLENCE PREVENTION AND CONTROL
Article 52. Acts of harming health of family members
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for acts of beat causing injury to family members:
2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed for any of the following violations:
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b)
Failing to take the victim to the medical emergency or treatment in case the
victim needs timely medical emergency or failing to take care of the victim
during the treatment of injury due to domestic violence, except in cases where
the victim refuses.
3.
Remedial measures:
a)
Mandatory public apology upon the victim’s requirement for the acts specified
in Clauses 1 and 2 of this Article;
b)
Mandatory payment of the entire medical examination and treatment cost in case
of violations specified in Clause 1 and Point a Clause 2 of this Article;
Article 53. Acts of torturing or abusing family members
1. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for any of the following violations:
a) Mistreating the family members, such as forcing them to
abstain from eating and drinking, suffer from coldness, wear torn clothes,
prohibit or restrict personal hygiene;
b) Neglecting without care for family members as elderly,
disabled, pregnant woman or nursing woman;
2. Remedial measure:
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Article 54. Acts of defamation of family members
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for insulting, nagging or hurting the honor and dignity of
family members.
2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed for any of the following violations:
a)
Disclosing or distributing materials or documentation of privacy of family members
to hurt the honor and dignity;
b) Using
the media to hurt the honor and dignity of family members;
c)
Disseminating and distributing the leaflets, articles, photos or sounds to hurt
the honor and dignity of family members;
3.
Remedial measures:
a) Mandatory
public apology upon the victim’s requirement for the acts specified in Clauses
1 and 2 of this Article;
b)
Mandatory withdrawal of leaflets, articles, photos or sounds for the acts
specified at Points a and c Clause 2 of this Article;
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1. A warning or a fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for any of the following violations:
a)
Prohibiting family members from going out of their house, preventing family members
from meeting with their relatives, friends or having legitimate and healthy
social relations aimed at isolating or psychologically putting pressure on
those members;
b)
Prohibiting the family members from exercising the right to work;
c) Prohibiting the family members from participating healthy
and legitimate social activities;
2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed for coercing the family members to witness the
violence against people or animals.
3.
A fine of from VND 20.000.000 to VND
30.000.000 shall be imposed for any of the following violations:
a)
Forcing family members to perform erotic actions and use aphrodisiacs;
b) Having
sexual arousal behavior or abusing body against family member.
4. Remedial measure:
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Article 56. Preventing the implementation of rights and
obligations in family relationships between grandparents and grandchildren;
between parents and children, between husband and wife and between brothers and
sisters together
A fine of
between VND 5.000.000 and 10.000.000 shall be imposed for acts to prevent
visitation and care rights between grandparents and grandchildren; between
parents and children, except for cases where the parental visitation rights is
limited under the decision of the court; between husband and wife; between
brothers and sisters together.
Article 57. Violations against regulations on care, nurture
or support
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for any of the following violations:
a)
Denying or evading support obligations between husband and wife after divorce,
refusing or evading the nurturing obligations between sisters and brothers,
between paternal grandparents, maternal grandparents and grandchildren under
the regulations of law;
b)
Denying or evading the support and nurturing obligations for parents;
obligations of support and care for children after divorce as prescribed by
law;
2.
Remedial measure:
Mandatory
fulfillment of contribution/nurturing obligations for the acts specified in
Clause 1 of this Article.
Article 58. Acts of economic violence;
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1.
Seizing private property of family member;
2.
Forcing family members to overwork or do heavy
and dangerous work, exposure to toxic substances or do other work in
contradiction with regulations of law on labor;
3.
Forcing family members to beg or wander for a
living.
Article 59. Illegal acts forcing family members out of
their legal living place
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for acts forcing family members out of their legal living
place:
2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed for acts threatening with violence to force family
members out of their legal living place;
Article 60. Acts of violence against persons who prevent,
detect and report of domestic violence and persons who help victims of domestic
violence
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed for any of the following violations:
a)
Threatening the person who prevents, detects or reports of domestic violence or
helps the victim of domestic violence;
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2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed for any of the following violations:
a)
Assaulting the person who prevents detects and reports of domestic violence,
and helps victim of domestic violence;
b)
Destroying and damaging property of the person who prevents detects and reports
of domestic violence, and helps victim of domestic violence;
3.
Remedial measures:
a)
Mandatory restoration of original condition in case of administrative
violations specified in Point b Clause 2 of this Article.".
b)
Mandatory public apology upon the victim’s requirement for the acts specified
in Clauses 1 and 2 of this Article;
Article 61. Forcing, inciting, instigating and enabling
others to commit acts of domestic violence
1.
A fine of between VND 5.000.000 and 10.000.000
shall be imposed for coercing, inciting, instigating and enabling others to
commit acts of domestic violence;
2.
A fine of between VND 10.000.000 and
20.000.000 shall be imposed for forcing others to commit acts of domestic
violence;
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A fine of
from VND 1.000.000 to VND 2.000.000 shall be imposed for any of the following
violations:
1.
Knowing family violence and having the
condition to prevent without prevention.
2.
Knowing family violence without informing the
competent person or authority.
3.
Obstructing others to detect and report on
acts of domestic violence.
Article 63. Using or disseminating the information, photos
and sounds to incite acts of violence
A warning
or a fine of between VND 1.000.000 and 2.000.000 shall be imposed for using or
disseminating the information, photos and sounds to incite acts of violence;
Article 64. Violations against regulations on disclosing
information on victim of domestic violence
A fine of
from VND 3.000.000 to VND 5.000.000 shall be imposed on medical personnel or
counselors against regulations on prevention of domestic violence having one of
the following acts:
1.
Disclosing personal information of victims of
domestic violence without the consent of the victim or the victim's guardian
affecting honor, dignity and reputation of the victim.
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Article 65. Taking advantage of activity of domestic
violence prevention for illegal benefits
1. A fine of from VND 1.000.000 to VND 2.000.000 shall be
imposed for any of the following violations:
a) Demanding for victim’s money or victim’s relative after
helping the victim of domestic violence;
b)
Requiring the payment of victim’s cost of living at the credible address in the
community;
c) Taking
advantage of difficult situation of victims of domestic violence to ask them to
commit illegal acts;
2.
A fine of from VND 10.000.000 to VND
30.000.000 shall be imposed for any of the following violations:
a)
Establishing the consulting units of prevention of domestic violence or
supporting unit for victims of domestic violence for illegal benefit;
b) Taking
advantage of activities of domestic violence prevention to commit illegal acts;
3.
Additional penalty:
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4.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
Point a Clause 1 of this Article;”.
Article 66. Violations against regulations on operation
registration for consulting units of prevention of domestic violence or
supporting unit for victims of domestic violence
1.
A fine of from VND 5.000.000 to VND 10.000.000
shall be imposed on the consulting units of prevention of domestic violence or
supporting unit for victims of domestic violence operating beyond the scope of
certificate of operation registration;
2.
A fine of from VND 10.000.000 to VND
20.000.000 shall be imposed on the consulting units of prevention of domestic
violence or supporting unit for victims of domestic violence for operation
without being issued with certificate of operation registration or without
registration for operation;
Article 67. Violations against regulations on banned contact
of Chairperson of communal-level People’s Committee;
1.
A warning or a fine of between VND 500.000 and
1.000.000 shall be imposed for deliberately contacting the victim of domestic
violence during the time to execute the decision on banned contact;
2.
A fine of between VND 3.000.000 and 5.000.000
shall be imposed for using telephone and other media to threaten, taunt or
insult the victims of domestic violence.
3. Additional penalty:
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Chapter III
POWER TO IMPOSE ADMINISTRATIVE PENALTIES
Article 68. Power to impose penalties of the Chairpersons
of the People’s Committees at all levels:
1.
Chairperson of the People’s Committee of commune
shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 3.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 4.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND
5.000.000 for the administrative violation against regulations on fire
prevention and fighting, rescue and social evil prevention;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d) Impose
the remedial measures specified in Points a and c Clause 1 Article 28 of the
Law on penalties for administrative violations.
2.
Chairperson of the People’s Committee of
district shall have the power to:
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b) Impose
a fine up to VND 15.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 20.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 25.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 37.500.000 for the administrative violation
against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate exhibits and/or means used for administrative violations;
dd)
Impose the remedial measures specified in Points a, c, e and i Clause 1 Article
28 of the Law on penalties for administrative violations and points dd, e, g
and h Clause 3 Article 3 of this Decree.
3. Chairperson of the People’s Committees of province shall
have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 30.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 40.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND
50.000.000 for the administrative violation against regulations on fire
prevention and fighting and rescue; up to VND 75.000.000 for the administrative
violation against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate exhibits and/or means used for administrative violations;
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Article 69. Power to impose penalties for administrative
violations of the People’s Public Security
1.
The People’s Police officers on duty shall
have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 300.000 for administrative violation against regulations on
domestic violence prevention; up to VND 400.000 for the administrative
violation against regulations on social security, order and safety; up to VND
500.000 for the administrative violation against regulations on fire prevention
and fighting, rescue and social evil prevention;
2.
Head of company-level Mobile Police Unit, head
of police station and leader of the officers mentioned in Clause 1 of this
Article shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 900.000 for administrative violation against regulations on
domestic violence prevention; up to VND 1.200.000 for the administrative
violation against regulations on social security, order and safety; up to VND
1.500.000 for the administrative violation against regulations on fire
prevention and fighting and rescue and social evil prevention;
3.
Communal-level chief policy, head of border
gate police station or export processing zone, head of police authority of
international airport, battalion chief of mobile police battalion and captain
of squadron shall have the power to
a) Issue warnings;
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c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d) Impose
the remedial measures specified in Points a and c Clause 1 Article 28 of the
Law on penalties for administrative violations.
4. Head of the Police Authority of district, Manager of
Specialized Department of Internal Political Security Department, Manager of
Specialized Department of Police Department for Administrative Management of
Social Order, Manager of Specialized Department of Traffic Police Department, Manager
of Specialized Department of Cybersecurity and Hi-tech Crime Prevention and
Control Division, Manager of Specialized Department of Immigration Department,
Manager of Specialized Department of Police Department of Fire Prevention,
Fighting and Rescue and Head of the Police Department of province, including
Head of Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Head of Police Department for Investigation into
Social order-related Crimes, Head of Police Department for Administrative
Management of Social Order, Head of Economic Security Department, Head of
Internal Political Security Department, Head of Cybersecurity and Hi-tech Crime
Prevention and Control Division, Head of Traffic Police Department, Head of Immigration
Department, Captain of Squadron, Head of Road-Rail Traffic Division, Head of
Road Traffic Division, Head of Waterway Traffic Division, Head of Protection
and Mobility Police Division, Head of Criminal Judgment Enforcement and Justice
Assistance Police Division, Head of Environmental Crime Prevention Police
Division, Head of Police Department for Fire Prevention and Fighting and
Rescue, Head of Foreign Affairs Department and Commander of Mobile Police
Regiment shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 6.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 8.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND 10.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 15.000.000 for the administrative violation
against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d) Confiscate any exhibit or mean which has been used for
committing administrative violation if its value is not 02 times as high as the
fine specified in Point b of this Clause
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations.
5.
Director of the Public Security Department of
province shall have the power to:
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b) Impose
a fine up to VND 15.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 20.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND
25.000.000 for the administrative violation against regulations on fire
prevention and fighting and rescue; up to VND 37.500.000 for the administrative
violation against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate exhibits and/or means used for administrative violations;
dd) Apply
the expulsion;
e) Impose
the remedial measures specified in Points a, c and I Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
6.
Director of Department of Cybersecurity and
Hi-tech Crime Prevention and Control, Director of Police Department for
Investigation into Social Order-related Crimes, Director of Police Department
for Investigation into Corruption, Economy and Smuggling-related Crimes,
Director of Police Department for Administrative Management of Social Order,
Director of Internal Political Security Department, Director of Economic
Security Department, Director of Environmental Crime Prevention Police
Department, Director of Traffic Police Department, Director of Police
Department for Fire Prevention and Fighting and Rescue, Director of Department
of Homeland Security, Director of Police Department of Custody, Temporary
Detention and Criminal Judgment Execution in the community, Director of Mobile
Police Department shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 30.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 40.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND
50.000.000 for the administrative violation against regulations on fire
prevention and fighting and rescue; up to VND 75.000.000 for the administrative
violation against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
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dd)
Impose the remedial measures specified in Points a, c and i Clause 1 Article 28
of the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
7. Director of Immigration Department shall have the power to
impose administrative penalties in Clause 6 of this Article and have the right
to apply the expulsion.
Article 70. Power to impose penalties of the Border Guard
forces:
1.
On-duty soldiers of the Border Guard forces
shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 400.000 for the administrative violation against regulations
on social security, order and safety; up to VND 500.000 for the administrative
violation against regulations on fire prevention and fighting, rescue and
social evil prevention;
2.
Head of Border Guard station and leader of the
soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 2.000.000 for the administrative violation against regulations
on social security, order and safety; up to VND 2.500.000 for the administrative
violation against regulations on fire prevention and fighting, rescue and
social evil prevention;
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a) Issue
warnings;
b) Impose
a fine up to VND 4.000.000 for the administrative violation against regulations
on social security, order and safety; up to VND 5.000.000 for the
administrative violation against regulations on fire prevention and fighting and
rescue, up to VND 7.500.000 for the administrative violation against
regulations on social evil prevention;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine specified
in Point b of this Clause
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
4.
Head of Border Guard post, Commander of Border-guard
Flotilla and Commander of Port Border Guard shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 8.000.000 for the administrative violation against regulations
on social security, order and safety; up to VND 10.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue, up to
VND 15.000.000 for the administrative violation against regulations on social
evil prevention;
c) Confiscate
any exhibit or mean which has been used for committing administrative violation
if its value is not 02 times as high as the fine specified in Point b of this
Clause
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
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a) Issue
warnings;
b) Impose
a fine up to VND 20.000.000 for the administrative violation against
regulations on social security, order and safety; up to VND 25.000.000 for the
administrative violation against regulations on fire prevention and fighting
and rescue, up to VND 37.500.000 for the administrative violation against
regulations on social evil prevention;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d) Impose
the remedial measures specified in Points a, c and i Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this Decree.
6.
Commander of Provincial-level Border Guard
Force, Commander of Coastguard Squadron, Director of Crime and Drug Prevention
and Control Department of Border Guard High Command shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety; up to VND 50.000.000 for the
administrative violation against regulations on fire prevention and fighting
and rescue, up to VND 75.000.000 for the administrative violation against
regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate exhibits and/or means used for administrative violations;
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Article 71. Power to impose penalties of the Coast Guard
1.
Police officers of the Coast Guard who are on
duty shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 800.000 for the administrative violation against regulations
on social security, order and safety;
2.
Squad leader of professional squad of Coast
Guard shall have the power to:
a) Issue warnings;
b) Impose
a fine up to VND 2.000.000 for the administrative violation against regulations
on social security, order and safety;
3.
Team leader of professional team of Coast
Guard and Captain of Coast Guard Station shall have the power to:
a) Issue
warnings;
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c) Impose
the remedial measures specified in Points a and c Clause 1 Article 28 of the
Law on penalties for administrative violations.
4.
Commander of Coastguard Platoon shall have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 8.000.000 for the administrative violation against regulations
on social security, order and safety;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
dd) Impose the remedial measures specified in Points a and c
Clause 1 Article 28 of the Law on penalties for administrative violations an
Clause 3 Article 3 of this Decree.
5.
Marine delegation chiefs of the Marine Police,
Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention and
Control Brigades affiliated to Vietnam Coast Guard shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 12.000.000 for the administrative violation against
regulations on social security, order and safety;
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d) Impose
the remedial measures specified in Points a and c Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
6.
Commander of Regional Coast Guard, Director of
Operation and Law Department affiliated to Vietnam Coast Guard shall have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 20.000.000 for the administrative violation against
regulations on social security, order and safety;
c)
Suspend licenses/practicing certificates for fixed periods;
d)
Confiscate exhibits and/or means used for administrative violations;
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
7.
Commander of Vietnam Coast Guard shall have
the power to:
a) Issue
warnings;
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c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d) Confiscate exhibits and/or means used for administrative
violations;
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
Article 72. Power to impose penalties of Customs
1.
On-duty officers of the Customs shall have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 500.000 for the administrative violation against regulations
on social security, order and safety;
2.
Team leader and squad leader of Sub-department
of Customs; squad leaders of Control Teams of Customs Departments of provinces
and inter-provinces; team leader of Post Clearance Audit Sub-Department shall
have the power to:
a) Issue
warnings;
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3.
Director of Sub-department of Customs;
Director of Post Clearance Audit Sub-Department; team leaders of Control Teams
of Customs Departments of provinces and inter-provinces; team leader of Criminal
Investigation Team; team leader of Anti-smuggling Control Team; Commander of
Sea Patrol Squadron and team leader of Anti-smuggling, Counterfeit Product
Control and Intellectual Property Team affiliated to the Smuggling
Investigation and Prevention Department; Director of Post Clearance Audit
Sub-Department affiliated to Post Clearance Audit Department shall have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 25.000.000 for the administrative violation against
regulations on social security, order and safety;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause;
dd)
Impose the remedial measures specified in Points d, dd, i and k Clause 1
Article 28 of the Law on penalties for administrative violations and Clause 3
Article 3 of this Decree.
4.
Director of Smuggling Investigation and
Prevention Department, Director of Post Clearance Audit Department affiliated to
General Department of Customs, Directors of Customs Departments of provinces
and inter-provinces shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
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dd)
Impose the remedial measures specified in Point i Clause 1 Article 28 of the Law
on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
5. Director General of General Department of Vietnam Customs
shall have power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety;
c)
Confiscate material evidences and/or means used for administrative violations;
dd)
Impose the remedial measures specified in Points d, dd, i and k Clause 1
Article 28 of the Law on penalties for administrative violations and Clause 3
Article 3 of this Decree.
Article 73. Power to impose penalties of Forest Ranger
1.
On-duty forest rangers shall have the power
to:
a) Issue
warnings;
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2.
Head of forest ranger station shall have power
to:
a) Issue
warnings;
b) Impose
a fine up to VND 10.000.000 for the administrative violation against
regulations on social security, order and safety and fire prevention and
fighting and rescue;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
3.
Head of Forest Ranger Division, leader of
mobile ranger and forest fire prevention and fighting team shall have the power
to:
a) Issue
warnings;
b) Impose
a fine up to VND 25.000.000 for the administrative violation against regulations
on social security, order and safety and fire prevention and fighting and
rescue;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d) Impose
the remedial measures specified in Points a, c and i Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
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a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety and up to VND 50.000.000 for
the administrative violation against regulations on fire prevention and
fighting and rescue
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d)
Suspend licenses/practicing certificates or suspend operations for fixed
periods
dd)
Impose the remedial measures specified in Points a, c and i Clause 1 Article 28
of the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
5.
Director of Forest Protection Department shall
have power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against regulations
on social security, order and safety and up to VND 50.000.000 for the
administrative violation against regulations on fire prevention and fighting
and rescue
c)
Confiscate material evidences and/or means used for administrative violations;
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dd)
Impose the remedial measures specified in Points a, c and i Clause 1 Article 28
of the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
Article 74. Power to impose penalties of Fisheries Resource
Surveillance
1.
On-duty fishery resource surveillance
personnel shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 2.000.000 for the administrative violation against regulations
on social security, order and safety and fire prevention and fighting and
rescue;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
2.
Head of Fishery Resource Surveillance Station
affiliated to the Regional Fishery Resource Surveillance Sub-department shall
have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 10.000.000 for the administrative violation against regulations
on social security, order and safety and fire prevention and fighting and
rescue;
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d) Impose
the remedial measures specified in Points a and i Clause 1 Article 28 of the
Law on penalties for administrative violations.
3.
Director of Regional Fishery Resource
Surveillance Sub-Department shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety and up to VND 50.000.000 for
the administrative violation against regulations on fire prevention and
fighting and rescue;
c)
Confiscate material evidences and/or means used for administrative violations;
dd)
Impose the remedial measures specified in Points a and i Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
4.
Director of Viet Nam Fisheries Resources
Surveillance shall have power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety and up to VND 50.000.000 for
the administrative violation against regulations on fire prevention and
fighting and rescue;
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d) Confiscate exhibits and/or means used for administrative
violations;
dd) Impose
the remedial measures specified in Points a and i Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
Article 75. Power to impose penalties for administrative
violations of Market Surveillance Authorities
1.
On-duty market controllers shall have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 500.000 for the administrative violation against regulations
on social security, order and safety;
2.
Team leader of Market Surveillance Team, Head
of Specialized Department affiliated to Department of Market Surveillance
Operation shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 25.000.000 for the administrative violation against regulations
on social security, order and safety;
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d) Impose
the remedial measures specified in Points a, e and i Clause 1 Article 28 of the
Law on penalties for administrative violations and Clause 3 Article 3 of this
Decree.
3.
Director of Provincial Market Surveillance
Department and Director of Market Surveillance Operations Department affiliated
to Vietnam Directorate of Market shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety;
c)
Confiscate material evidences and/or means used for administrative violations;
d) Impose
the remedial measures specified in Points a, c, e and i Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
4.
Director General of Vietnam Directorate of
Market Surveillance shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 40.000.000 for the administrative violation against
regulations on social security, order and safety;
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d) Impose
the remedial measures specified in Points a, c, e and i Clause 1 Article 28 of
the Law on penalties for administrative violations and Clause 3 Article 3 of
this Decree.
Article 76. Power to impose penalties of inspectors
1.
On-duty inspectors shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 300.000 for administrative violation against regulations on
domestic violence prevention; up to VND 400.000 for the administrative
violation against regulations on social security, order and safety; up to VND
500.000 for the administrative violation against regulations on fire prevention
and fighting and rescue; up to VND 750.000 for the administrative violation
against regulations on social evil prevention;
c)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
d) Impose
the remedial measures specified in Points a and c Clause 1 Article 28 of the
Law on penalties for administrative violations.
2.
Chief Inspector of Provincial Department shall
have the power to:
a) Issue
warnings;
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c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate any exhibit or mean which has been used for committing administrative
violation if its value is not 02 times as high as the fine specified in Point b
of this Clause
dd)
Impose the remedial measures specified in Points a, c, e and i Clause 1 Article
28 of the Law on penalties for administrative violations and Clause 3 Article 3
of this Decree.
3.
Chief Inspectors of Ministries, ministerial
authorities, Director of Department of the Insurance Supervisory Authority
shall have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 30.000.000 for administrative violation against regulations on
domestic violence prevention; up to VND 40.000.000 for the administrative
violation against regulations on social security, order and safety; up to VND
50.000.000 for the administrative violation against regulations on fire
prevention and fighting and rescue; up to VND 75.000.000 for the administrative
violation against regulations on social evil prevention;
c)
Suspend licenses/practicing certificates or suspend operations for fixed
periods;
d)
Confiscate exhibits and/or means used for administrative violations;
dd)
Impose the remedial measures specified in Points a, c, e and i Clause 1 Article
28 of the Law on penalties for administrative violations and Clause 3 Article 3
of this Decree.
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Head of
provincial-level specialized inspectorates and specialized inspectorates of agencies
assigned to carry out specialized inspection shall have power to impose
penalties according to regulations of Clause 2 of this Article.
Article 77. Power to impose penalties of diplomatic
missions, consulates and other agencies authorized to perform the consular
function of the Socialist Republic of Vietnam overseas.
Heads of
diplomatic missions, consulates and other agencies authorized to perform the
consular function of the Socialist Republic of Vietnam overseas shall have the
power to:
1.
a) Issue warnings;
2.
Impose a fine up to VND 40.000.000 for the
administrative violation against regulations on social security, order and
safety;
3.
d) Confiscate exhibits and/or means used for
administrative violations;
4.
Impose the remedial measures specified in
Points a and i Clause 1 Article 28 of the Law on penalties for administrative
violations and Clause 3 Article 3 of this Decree.
Article 78. Principle to determine the authority to impose
penalties
1.
The authority to impose penalty for
administrative violation of the competent persons specified in Articles 68, 69,
70, 71, 72, 73, 74, 75, 76 and 77 of this Decree is the authority applied to
one act of administrative violation of individuals. In case of fines, the authority
to impose sanction on organizations is twice as much of that one for
individuals;
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3.
The persons who have the power to impose
penalties of the People’s Police forces shall have the power to impose
administrative penalties and apply remedial measures for administrative
violations in Chapter II of this Decree under their competence specified in
Article 69 of this Decree; functions, powers and tasks that are assigned within
the scope and field of their management.
4.
The persons who have the power to impose
penalties of the Border Guard forces shall have the power to impose
administrative penalties and apply remedial measures for administrative
violations in Articles 7, 8 and 15; Clause 1, Points c, d and dd Clause 2,
Clauses 3, 4, 5, 6 and 7 Article 18; Articles 24, 25, 26, 27, 28, 32, 34, 45
and Articles in Section 4, Chapter II of this Decree under their competence
specified in Article 70 of this Decree within the scope and field of their
management and functions, powers and tasks that are assigned.
5.
The persons who have the power to impose
penalties of the Coast Guard forces shall have the power to impose
administrative penalties and apply remedial measures for administrative
violations in Point d Clause 1, Point dd Clause 2, Point c Clause 3, Point d
Clause 4, Points a and c Clause 5 Article 7; Point a, Clause 1, Points a, b and
c Clause 2, Points b and d Clause 4 Article 10; points a, b, c, d and dd clause
1, points a, b, c, d, e, g and m clause 2, points a, b, d, dd, g, h, i and k
clause 3, Points a, b, c, d, dd, e, g, h and i Clause 4, Points a, b and c
Clause 5 Article 11; Points a, b and dd Clause 1, Points a, d, dd and e Clause
2 Article 15; Clause 1, Article 20; Articles 21, 23 and 28 of this Decree under
their competence specified in Article 71 of this Decree and functions, powers,
local areas and tasks that are assigned.
6.
The persons who have the power to impose
penalties of the Customs shall have the power to impose administrative penalties
and apply remedial measures for administrative violations in Points c and dd
Clause 3, Point d Clause 4 Article 7; Points dd and k Clause 3, Points a, c, d
and e Clause 4, Point a Clause 5 Article 11 and Article 21 of this Decree under
their competence specified in Article 72 of this Decree and functions, powers
and tasks that are assigned.
7.
The persons who have the power to impose
penalties of the Forest Ranger, Fisheries Resource Surveillance shall have the
power to impose administrative penalties and apply remedial measures for
administrative violations in Article 21, Section 3 of Chapter II of this Decree
under their competence specified in Article 73 and 74 of this Decree;
functions, powers and tasks that are assigned.
8.
Heads of diplomatic missions, consulates and
other agencies authorized to perform the consular function of the Socialist
Republic of Vietnam overseas shall have the power to impose administrative
penalties and apply remedial measures for administrative violations in Articles
18 and 21 of this Decree under their competence specified in Article 77 of this
Decree; functions, powers and tasks that are assigned.
9.
Labor - Invalids and Social Affairs inspectors
shall have the power to impose administrative penalties and apply remedial
measures for administrative violations in Section 2 Chapter II of this Decree
under their competence specified in Article 76 of this Decree; functions,
powers and tasks that are assigned.
10.
Culture, Sports & Tourism inspectors shall
have the power to impose administrative penalties and apply remedial measures
for administrative violations in Section 4 Chapter II of this Decree under
their competence specified in Article 76 of this Decree; functions, powers and
tasks that are assigned.
11.
Culture, Sports & Tourism inspectors shall
have the power to impose administrative penalties and apply remedial measures
for administrative violations in Section 4 Chapter II of this Decree under
their competence specified in Article 76 of this Decree; functions, powers and
tasks that are assigned.
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13.
The persons who have the power to impose
penalties of the Market Surveillance Authorities shall have the power to impose
administrative penalties for administrative violations in Article 20 of this
Decree under their competence specified in Article 75 of this Decree;
functions, powers and tasks that are assigned.
Article 79. Power to record administrative violations
1. The persons having the power to impose penalties for
administrative violations are specified in Articles 68, 69, 70, 71, 72, 73, 74,
75, 76 and 77 of this Decree.
2.
Competent persons, persons assigned to perform
specialized inspection, persons of the People's Public Security forces are on
duty with the assigned tasks according to their assigned tasks, functions and
powers.
3.
The police officers have the power record
administrative violations that occur within the areas of their management.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 80: Entry into force
1.
This Decree comes into force from January 01,
2022
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Article 81. Transitional clauses
1.
In case of a violation against regulations on
social security, order and safety, social evil prevention, fire prevention and
fighting and domestic violence prevention is committed before the effective
date of this Decree but discovered or being handled afterwards the Government's
Decree on sanction of administrative violations that is effective when the
violation is committed shall be applied; In case, this Decree does not provide
for legal liability or impose less serious legal liability for violations that
occur prior to the entry into force of this Decree, the regulations of this
Decree shall be applied.
2.
If the penalized individual or organization
continues to appeal against the administrative sanction decision that has
already been issued or executed completely before the entry into force of this
Decree, the regulations of the Law on Handling of Administrative Violations of
Vietnam, Government's Decree No. 167/2013/ND-CP dated November 12, 2013 on
regulations on sanction of administrative violation in social security, order
and safety, prevention and fighting of social evils, fire prevention and
firefighting, and domestic violence shall be applied.
3.
Administrative violations regarding the management
and use of the family register, temporary residence register that are committed
before December 31, 2022 shall be handled according to regulations of this
Decree.
Article 82. Responsibility of implementation
1.
The Minister of Public Security of Vietnam
shall be responsible for organizing, urging, guiding and inspecting the
implementation of this Decree.
2.
The Ministers, the Heads of the
Ministerial-Level Agencies, the Heads of the Governmental Agencies, the
Chairpersons of the People's Committees of provinces and relevant organizations
and individuals shall be responsible for the implementation of this Decree.
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