THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
|
No.
123/2005/ND-CP
|
Hanoi,
October 5th, 2005
|
DECREE
PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE DOMAIN OF FIRE PREVENTION AND FIGHTING
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Law on Fire Prevention and Fighting;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
Pursuant to the January 28, 1989 Ordinance on the Vietnam Peoples Police and
the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on the Vietnam
Peoples Police;
At the proposal of the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1:
Scope of regulation
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Article 2:
Subjects of application
Individuals and organizations
that intentionally or unintentionally commit violations of regulations on fire
prevention and fighting which are not severe enough to be examined for penal
liability shall all be administratively sanctioned under the provisions of this
Decree; where treaties to which Vietnam is a contracting party contain
different provisions, the provisions of such treaties shall apply.
Article 3:
Principles for sanctioning of administrative violations in fire prevention and
fighting
1. All acts of administrative
violation in fire prevention and fighting must be promptly detected, immediately
stopped and strictly handled according to the provisions of law. All
consequences caused by such acts must be remedied according to the provisions
of law.
2. Individuals and organizations
shall be sanctioned for administrative violations in fire prevention and
fighting only when they commit acts of violation specified in this Decree.
3. The sanctioning of
administrative violations in fire prevention and fighting must be carried out
by competent persons defined in Chapter III of this Decree.
4. An act of administrative
violation shall be sanctioned only once.
A person who commits more than
one act of violation shall be handled for each of such acts. If the imposed
sanctions are fines, they shall be aggregated into a common fine imposed under
one sanctioning decision only.
If many persons jointly commit
an act of administrative violation, each shall be sanctioned.
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6. Administrative violations
committed in emergency cases, for legitimate self-defense, in unexpected events
or administrative violations committed by persons suffering from mental
diseases or other diseases which make such persons unable to perceive or
control their acts shall not be sanctioned.
Article 4:
Statute of limitations for sanctioning administrative violations
1. The statute of limitations
for sanctioning an administrative violation in fire prevention and fighting is
one year, counting from the date of commission of such administrative
violation. Beyond this time limit, administrative violations shall not be
sanctioned but must be subject to the application of consequence-remedying
measures specified at Points a and c, Clause 3, Article 12 of the Ordinance on
Handling of Administrative Violations.
2. Within the period specified
in Clause 1 of this Article, if the violating individual or organization
commits a new administrative violation in fire prevention and fighting or
deliberately shirks or obstructs the sanctioning, the statute of limitations specified
in Clause 1 of this Article shall not be applied but it shall be counted from
the date of commission of the new administrative violation or from the time of
termination of the act of shirking or obstructing the sanctioning.
3. Individuals or organizations
that have been sanctioned for administrative violations that have been
sanctioned for administrative violations shall be regarded as not having been
sanctioned if they do not relapse into violation within one year counting from
the date they completely execute sanctioning decisions or from the date of
expiration of the statute of limitations for executing sanctioning decisions.
Article 5:
Forms of sanctioning administrative violations in the domain of fire prevention
and fighting
1. principal sanctioning forms
are:
a. Caution;
b. Fire: An act of
administrative violation in fire prevention and fighting may be subject to a
fine of between VND 50.000 and VND 20.000.000.
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3. In addition to principal and
additional sanctioning forms stated in Clauses 1 and 2 of this Article,
violating individuals or organizations may be subject to the application of one
or some of the following consequence-remedying measures:
a. Forcible remedy of
environmental pollution caused by administrative violations;
b. Forcible restoration to the
original state which was altered as a result of administrative violations or
forcible dismantlement of illegally constructed works;
c. Forcible remedy of unsafe
conditions caused by administrative violations;
d. Forcible movement of
dangerous inflammables or explosives involved in administrative violations to
designated warehouses or places;
e. Other consequence-remedying
measures specified in this Decree.
Article 6:
Responsibilities of persons with sanctioning competence
Persons with sanctioning
competence shall be responsible for sanctioning the right persons and right
acts of violation according to their competence in accordance with law; if
abusing their positions and powers to hassle, tolerate or cover up acts of
administrative violation or impose sanctions in contravention of the provisions
of law, they shall, depending on the nature and severity of their violations,
be disciplined or examined for penal liability; if causing material damage,
they shall have to pay compensation therefore according to the provisions of
law.
Article 7:
Responsibilities of violating individuals and organizations
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2. If obstructing or resisting
persons on public duty, employing deceitful tricks or giving bribes so as to
evade inspection, control or handling by persons on public duty, individuals
and organizations committing acts of administrative violation in fire
prevention and fighting shall, depending on the nature and severity of their
violations, be handled according to the provisions of law.
3. Individuals and organizations
sanctioned for administrative violations in the fire prevention and fighting
and shall be subject to forcible execution of decisions of competent persons if
they fail to comply with such decisions.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN FIRE PREVENTION AND FIGHTING SANCTIONING FORMS AND LEVELS
Article 8:
Sanctioning of violations in the promulgation, dissemination and organization
of implementation of regulations and internal rules on fire prevention and
fighting
1. A caution or a fire of
between VND 50.000 and VND 200.000 shall be imposed for one of the following
acts:
a. Failing to post up internal
rules on fire prevention and fighting according to regulations;
b. Removing, displacing internal
rules-displaying boards, signboards, prohibition boards or instruction boards
from their fixed positions.
2. A fine of between VND 500.000
and VND 1.000.000 shall be imposed for acts of failing to popularize
regulations and internal rules on fire prevention and fighting among the people
under their management.
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4. A fine of between VND
2.00.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Failing to issue regulations,
internal rules on fire prevention and fighting according to regulations;
b. Issuing regulations, internal
rules on fire prevention and fighting in contravention of current legal
documents of the State.
5. In addition to being subject
to a caution or a fine, violators of Point b, Clause 1 of this Article shall be
forced to restore to the original state which was altered as a result of their
administrative violations.
Article 9:
Sanctioning of violations of regulations on safety inspection regarding fire
prevention and fighting
1. A fine of between VND 500.000
and VND 1.000.000 shall be imposed for acts of failing to produce fully records
and documents for inspection or to appoint responsible persons to join inspection
teams on fire prevention and fighting according to regulations.
2. A fine of between VND
2.000.000 and VND 5.000.000 shall be imposed for acts of failing to conduct
inspection on safety for fire prevention and fighting according to regulations.
Article 10:
Sanctioning of violations of regulations on fire prevention and fighting in the
management, preservation and use of dangerous inflammables and explosives
1. A fire of between VND 200.000
and VND 500.000 shall be imposed for one of the following acts:
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b. Illegally using dangerous
inflammables and explosives in excess of prescribed volumes or weights.
2. A fine of between VND
1.000.000 and VND 2.000.000 shall be imposed for acts of stowing dangerous
inflammables and explosives in excess of prescribed volumes or weights.
3. A fine of between VND
2.000.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Storing and stowing dangerous
inflammables and explosives not in separate according to regulations;
b. Using equipment and means
containing dangerous inflammables and explosives which have not yet been
inspected or have expired according to regulations;
c. Using depots and equipment
containing dangerous inflammables and explosives which fail to meet fire
prevention and fighting conditions according to regulations.
4. A fine of between VND 5.000.000
and VND 10.000.000 shall be imposed for acts of illegally storing dangerous
inflammables and explosives.
5. In addition to being subject
to a fine, violators of Clause 2 of this Article shall be forced to reduce the
weights or volumes of dangerous inflammables and explosives to the prescribed
limits; violators of Point a, Clause 3 of this Article shall be forced to
re-stow dangerous inflammables and explosives in separate places according to
regulations; violators of Point c, Clause 3 of this Article shall be forced to
move dangerous inflammables and explosives to designated warehouses or places;
violators of Clause 4 of this Article shall have dangerous inflammables and
explosives confiscated.
Article 11:
Sanctioning of violations of regulations on fire prevention and fighting in the
production and trading of dangerous inflammables and explosives
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a. Having no measures and means
to prevent electrostatic accumulation as required;
b. Having no natural ventilation
measures or compulsory ventilation equipment according to regulations.
2. A fine of between VND
1.000.000 and VND 2.000.000 shall be imposed for acts of producing and trading
in dangerous inflammables and explosives without certificates of satisfaction
of conditions for fire prevention and fighting according to regulations.
3. A fine of between VND
2.00.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Failing to install equipment
for detecting and handling leakage of dangerous inflammables and explosives
into the surrounding environment according to regulations;
b. Having no plan and equipment
for handling cracks in containing tanks, equipment and pipelines of
inflammables like petroleum oil, oil product and other inflammable liquids;
c. Trading in dangerous
inflammables and explosives on the lists of those banned from trading.
4. A fine of between VND
5.000.000 and VND 10.000.000 shall be imposed for acts of illegally producing
and trading in dangerous inflammables and explosives.
5. In addition to being subject
to a fine, violators of Point b, Clause 3 of this Article shall be forced to
remedy environmental pollution according to regulations; violators of Point c,
Clause 3, Article 4 of this Article shall have dangerous inflammables and
explosives confiscated.
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1. A fine of between VND 200.000
and VND 1.000.000 shall be imposed for one of the following acts:
a. Employing motor vehicles for
transporting dangerous inflammables and explosives, which fail to ensure one of
safety conditions for fire prevention and fighting according to regulations;
b. Loading dangerous inflammables
and explosives on means of transport in contravention of regulations;
c. Transporting dangerous
inflammables and explosives in excess of the volumes or weights stated in
permits;
d. Having no signboards and
signs of transportation of dangerous inflammables and explosives according to
regulations;
e. Damaging and creasing permits
for transportation of dangerous inflammables and explosives;
f. Not removing signboards and
signs of transportation of dangerous inflammables and explosives displayed on means
of transport after dangerous inflammables and explosives have been unloaded
therefore.
2. A fine of between VND
1.000.000 and VND 2.000.000 shall be imposed for one of the following acts:
a. Halting or stopping means of
transport carrying dangerous inflammables and explosives at prohibited places
according to regulations;
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c. Loading or unloading
dangerous inflammables and explosives at places where prescribed conditions are
not met;
d. Loading, unloading or moving
dangerous inflammables and explosives en route onto another means of transport
without permission of competent management agencies.
3. A fine of between VND
2.000.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Transporting dangerous
inflammables and explosives along routes other than those stated in permits for
transportation of dangerous inflammables and explosives;
b. Transporting dangerous
inflammables and explosives without permits for transportation of dangerous
inflammables and explosives according to regulations.
4. In addition to being subject
to a fine, violators of Points c, Clause 1 of this Article shall be forced to
reduce the volumes or weights of dangerous inflammables and explosives
according to regulations.
Article 13:
Sanctioning of violations of safety conditions for fire prevention and fighting
for motor vehicles subject to special requirements of safety for fire
prevention and fighting
1. A fine of between VND
5.000.000 and VND 10.000.000 for acts of making or transforming motor vehicles
subject to special requirements of safety for fire prevention and fighting
without evaluation and approval of competent agencies in charge of fire
prevention and fighting.
2. A fine of between VND
10.000.000 and VND 15.000.000 shall be imposed for acts of putting motor
vehicles subject to special requirements of safety for fire prevention and
fighting into operation without written certifications of competent agencies to
the effect that safety conditions for fire prevention and fighting are
satisfied.
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1. A caution or a fine of
between VND 50.000 and VND 200.000 shall be imposed for acts of arranging
cooking places unsafe for fire prevention and fighting according to regulations.
2. A caution or a fine of
between VND 200.000 and VND 500.000 shall be imposed for one of the following
acts:
a. Using fire sources, heat
sources, fire-or heat-generating equipment or tools without ensuring a safe
distance for fire prevention and fighting according to regulations;
b. Bringing matches, lighters,
fire- or heat-generating equipment or tools into no-fire places;
c. Using fire sources and other
fire- or heat-generating equipment or tools in places where no-fire signboards
or rules are displayed.
Article 15:
Sanctioning of violations of regulations on fire prevention and fighting in
electricity management and use
1. A fine of between VND 100.000
and VND 200.000 shall be imposed for acts of having no anti-fire spread
solutions when using electric equipment.
2. A fine of between VND 200.000
and VND 1.000.000 shall be imposed for one of the following acts:
a. Installing anti-lighting
systems not according to regulations or not satisfying the set anti-lighting
requirements;
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c. Using electric equipment in
places where the use thereof is banned.
3. A fine of between VND
1.000.000 and VND 2.000.000 shall be imposed for one of the following acts:
a. Failing to install
anti-lightning systems and equipment according to regulations;
b. Installing or using electric
systems and equipment in a fire-or explosion-prone environment which fail to
ensure safety for fire prevention and fighting according to regulations.
4. A fine of between VND
2.000.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Having no measures to cope
with technical incidents that may cause fires or explosion at electricity-generating,
-supplying, -transmitting or -distributing establishments;
b. Failing to separate electric
systems according to regulations;
c. Having no standby electricity
sources according to regulations.
Article 16:
Sanctioning of violations of regulations on fire prevention and fighting in
investment and construction
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2. A fine of between VND
2.000.000 and VND 5.000.000 shall be imposed for one of the following acts:
a. Failing to conduct supervision
of construction and installation of fire prevention and fighting facilities in
construction works;
b. Failing to submit for
re-evaluation and approval changes in fire prevention and fighting-related
designs and equipment in the process of construction;
c. Failing to satisfy one of
safety conditions for fire prevention and fighting for construction works
subject to evaluation and approval regarding fire prevention and fighting as
provided for in Appendix 3 to the Governments Decree No. 35/2003/ND-CP of April
4, 2003, detailing the implementation of a number of articles of the Law on
Fire Prevention and Fighting.
3. A fine of between 5.000.000
and VND 10.000.000 shall be imposed for one of the following acts:
a. Constructing and installing
fire prevention and fighting facilities at variance with the approved fire
prevention and fighting-related designs;
b. Having no measures and means
to ensure safety in fire prevention and fighting in the process of
construction;
c. Failing to conduct testing of
fire prevention and fighting before take-over according to regulations.
4. A fine of between VND
10.000.000 and VND 15.000.000 shall be imposed for acts of building works
subject to evaluation and approval related to fire prevention and fighting
without certificates of evaluation and approval related to fire prevention and
fighting.
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a. Having no design on the fire
prevention and fighting system for works required to have fire prevention and
fighting related designs;
b. Putting into operations works
which have not yet been tested in fire prevention and fighting for take-over.
Article 17:
Sanctions of violations of regulations on safe distance for fire prevention and
fighting, and fire containment
1. A fine of between VND 500.000
and VND 1.000.000 shall be imposed for one of the following acts:
a. Arranging supplies and goods
at distance in between failing to ensure safety for fire prevention and
fighting according to regulations;
b. Firewalls, fire partitions or
fire doors or anti-fire spread solutions failing to meet requirements according
to regulations.
2. A fine of between VND 1.000.000
and VND 2.000.000 shall be imposed for one of the following acts:
a. Negating the effect of
firewalls, fire partitions, fire doors and other fire-containing solutions.
b. Making ceilings and partitions
of inflammable materials in places where the use of such materials is banned
according to regulations;
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3. A fine of between VND 2.000.000
and VND 5.000.000 shall be imposed for one of the following acts:
a. Failing to clear up inflammable
materials within the safety corridors of oil, gas and oil product pipelines;
b. Failing to build firewalls, fire
partitions, fire doors and otherwise according to regulations;
c. Building works within the area
used for fire containment;
d. Negating the effect of firewalls,
fire partitions, fire doors and other fire-containing solutions.
4. In addition to a fine, violators
of Point a, Clause 1; Point a, Clause; or Point d, Clause 3 of this Article
shall be forced to restore the original state which was altered due to their
administrative violations; violators of Point c, Clause 2; Point c, Clause 3 of
this Article shall be forced to dismantle illegally constructed works.
Article 18:
Sanctioning of violations of regulations on escape in fire prevention and
fighting.
1. A caution or a fine of between
VND 200,000 and VND 1,000.000 shall be imposed for one of the following acts:
a. Arranging, placing supplies,
goods, means of transport and other objects obstructing escape exits;
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c. Removing or damaging emergency
lighting devices, signboards and instruction board along escape exits.
2. A fine of between VND 1,000,000
and VND 2,000,000 shall be imposed for one of the following acts:
a. Failing to have sufficient
rescue equipment and devices according to regulations;
b. Failing to have sufficient
ventilation and smoke-exhausting required for escape exits;
c. Having no emergency lighting
devices along escape exits according to regulations or have out-of-order ones.
3. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for acts of building works components
obstructing escape exits.
4. In addition to a caution or a
fine, violators of Clause 1 or Clause 3 of this Article shall be forced to
restore the original state which was altered due to their administrative
violations.
Article 19:
Sanctioning of violations of regulations in formulation and organization of
fire drill plans.
1. A fine of between VND 100,000
and VND 200,000 shall be imposed for acts of formulating fire prevention and
fighting plans that fail to meet set requirements.
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a. Failing to submit fire fighting
plans for approval according to regulations;
b. Failing to supplement or adjust
fire fighting plans according to regulations;
c. Failing to participate in fire
drills according to regulations.
3. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for one of the following acts:
a. Failing to draw up fire fighting
plans according to regulations;
b. Failing to organize fire drills
according to regulations.
Article 20:
Sanctioning of violations of related to fire alarm
1. A caution or a fine of between
VND 50,000 and VND 100.000 shall be imposed for acts of damaging or negating
the effect of fine alarm means and equipment.
2. A fine of between VND 200,000
and VND 1,000,000 shall be imposed for acts of failing to have fire alarm
signals or equipment according to regulations.
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4. In addition to a caution or a
fine, violators of Clause 1 of this Article shall be forced to restore the
original state which was altered.
Article 21:
Sanctioning of violations of regulations in furnishing, preservation and use of
fire prevention and fighting equipment.
1. A caution or a fine of between
VND 200,000 and VND 500,000 shall be imposed for one of the following acts:
a. Placing and installing fire
prevention and fighting equipment not at prescribed places;
b. Failing to regularly maintain
fire prevention ad fighting equipment according to regulations.
2. A fine of between VND 500,000
and VND 2,000,000 shall be imposed for one of the following acts:
a. Using fire prevention and
fighting equipment not yet inspected according to regulation;
b. Furnishing fire fighting
equipment and means unsuitable to the dangers of fire and explosion according
to regulations;
c. Having insufficient fire
fighting equipment according to regulations;
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3. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for acts of deliberately damaging fire
prevention and fighting equipment.
4. a fine of between VND 5,000,000
and VND 10,000,000 shall be imposed for one of the following acts:
a. Failing to furnish and install
fire prevention and fighting equipment and system according to regulations;
b. Transforming specialized fire
engines, fire fighting ships and boats without permission of competent
agencies.
Article 22:
Sanctioning of violations in fire fighting work
1. A caution or a fine of between
VND 50,000 and VND 100,000 shall be imposed for acts of entering fire fighting
areas to perform any acts other than fighting fire, rescuing persons and
property without permission of competent persons.
2. A fine of between VND 500,000
and VND 1,000,000 shall be imposed for one of the following acts:
a. Failing to prepare ready and
sufficient fire fighting forces according to regulations;
b. Failing to arrange road and
other spaces for fire engines and other motor vehicles to operate according to
regulations.
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a. Failing to organize in time the
escape and rescue of persons or fire fighting;
b. Failing to obey orders of fire
fighting commanders;
c. Failing to obey competent
persons orders for participation in fire fighting;
d. Failing to coordinate in fire
fighting command according to regulations or at the request of competent
persons;
e. Obstructing the operation of
fire fighting forces and means in fire fighting areas;
f. Failing to participate in
remedying fire consequences at the request of competent person;
g. Failing to protect the fire
scenes after the fires are extinguished.
4. A fire of between VND 2,000,000
and VND 5,000,000 shall be imposed for one of the following acts:
a. Resisting persons on public duty
of fighting fires;
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Article 23:
Sanctioning of violations in dissemination and popularization of fire
prevention and fighting law and knowledge, in fire prevention and fighting
training.
1. A caution or a fine of between
VND 50,000 and VND 100,000 shall be imposed for acts of damaging banderoles,
banners, panel boards, posters and pictures for propaganda and advocacy on fire
prevention and fighting.
2. A fine of between VND 200,000 and
VND 1,000,000 shall be imposed for one of the following acts:
a. Failing to organize
dissemination of fire prevention and fighting law and knowledge, in fire
prevention and fighting training according to regulations;
b. Failing to have certificates of fire
prevention and fighting skill training according to regulations.
3. A fine of between VND 1,000,000
and VND 2,000,000 shall be imposed for acts of failing to incorporate fire
prevention and fighting knowledge in training programs for motor vehicle drivers
according to regulations.
4. In addition to a caution or a
fine, violators of Clause 1 of this Article shall be forced to restore the
original state which was altered due to administrative violations.
Article 24:
Sanctioning of violations in setting up, organization and management of civil
defense forces, grassroots fire prevention and fighting forces and specialized
fire prevention and fighting forces.
1. A fine of between VND 200,000
and VND 1,000,000 shall be imposed for acts of failing to take measures to
manage and maintain the operation of civil defense forces, grassroots and
specialized fire prevention and fighting forces according to regulations.
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3. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for acts of failing to set up civil defense
forces, grassroots or specialized fire prevention and fighting forces according
to regulations.
Article 25:
Sanctioning of violations of regulation on production and trading of fire
prevention and fighting equipment and designing related to fire prevention and
fighting.
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed for acts of trading in fire prevention and
fighting equipment not yet inspected according to regulations.
2. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for acts of producing and trading in fire
prevention and fighting or making fire prevention and fighting-related design
when conditions on material foundations, professional and technical
qualifications are not yet fully met.
Article 26:
Sanctioning of violations compulsory fire and explosion insurance.
A fine of between VND 2,000,000 and
VND 5,000,000 shall be imposed for one of the following acts:
1. Enterprises dealing in
compulsory fire and explosion insurance failing to take measures to prevent and
limit damage to participants in compulsory fire and explosion insurance
according to regulations.
2. Failing to sell or buy
compulsory fire and explosion insurance according to regulations.
Article 27:
Sanctioning of individuals or organizations letting fires or explosions occur
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2. A fine of between VND 200,000
and VND 1,000,000 shall be imposed for one of the following acts:
a. Letting fires or explosions
occur due to violations of regulations on safety and fire prevention and
fighting, causing no damage or causing damage worth up to VND 500,000.
b. Unintentionally letting fires or
explosions occur, causing damage worth between VND 1,000,000 and VND
25,000,000.
3. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for acts of unintentionally
letting fires or explosions occur, causing damage worth between VND 25,000,000
and VND 50,000,000.
Chapter
III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS IN FIRE PREVENTION AND FIGHTING
Article 28:
Principles for determining competence to sanction administrative violations
1. The competence to sanction
administrative violations under the provisions of this Decree is the competence
over an act of administrative violation. In case of imposing fines, the
sanctioning competence shall be determined on the basis of the highest level in
the fine frame provided for a given act of violation.
2. In case of sanctioning a
person having committed many acts of administrative violation, the sanctioning
competence shall be determined on the following principles:
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b. If the sanctioning form and
level provided for one of such acts fall beyond the competence of the
sanctioning decision-issuing person, the case must be transferred to competent
authorities sanctioning;
c. Where a case of
administrative violation falls under the sanctioning competence of many
persons, the person that is the first to receive the case shall handle it;
d. If acts fall under the
sanctioning competence of many persons in different branches, the sanctioning
competence shall rest with the president of the Peoples Committee at a level
competent to sanction such acts and of the locality where such acts are
committed.
Article 29:
Competence to sanction administrative violations of fire prevention and
fighting law
1. Presidents of Peoples
Committees at all levels, heads of police offices at all levels shall
competence to sanction acts of violation specified in this Decree and committed
within the localities under their management.
2. The fire prevention and
fighting police shall have competence to sanction acts of violation specified
in this Decree and acts of violation in fire prevention and fighting specified
in other legal documents; the police in charge of administrative management of
social order, the road and railway traffic police and the waterway traffic
police shall have competence to sanction acts of violation specified in this Decree
and falling under their respective functions, tasks and management.
3. Those who are defined in
Articles 32,33,34,35,36,37,38,39 and 40 of the 2002 Ordinance on Handling of
Administrative Violations that detect, within the scope of their respective functions
and tasks, administrative violations in fire prevention and fighting, shall
have competence to sanction them under this Decree.
Article 30:
Competence to decide on sanctioning forms and levels and application of
measures to handle administrative violations in the domain of fire prevention
and fighting
1. Presidents of commune-level
Peoples Committees shall have powers
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b. To impose fines of up to VND
500,00;
c. To confiscate exhibits and
means employed for commission of administrative violations, worth up to VND
500,00;
d. To apply
consequence-remedying measures specified in this Decree.
2. Presidents of district-level
Peoples Committees shall have powers:
a. To issue cautions;
b. To impose fines of up to VND
20,000,000;
c. To confiscate exhibits and
means employed for commission of administrative violations;
d. To deprive of the right to
use practice permits or certificates falling under their competence;
e. To apply
consequence-remedying measures specified in this Decree.
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a. To issue cautions;
b. To impose fines of up to the
prescribed maximum level;
c. To confiscate exhibits and
means employed for commission of administrative violations;
d. To deprive of the right to
use practice permits or certificates falling under their competence;
e. To apply
consequence-remedying measures specified in this Decree.
4. Fire prevention and fighting
policemen, policemen in charge of administrative management of social order,
road and railway traffic policemen and waterway traffic policemen on public
duty shall have powers:
a. To issue cautions;
b. To impose fines of up to VND
100,000.
5. Station heads, team heads of competent
persons specified in Clause 4 of this Article shall have powers:
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b. To impose fines of up to VND
200,000
6. Chief of commune-level police
offices shall have powers:
a. a. To issue cautions;
b. To impose fines of up to VND
500,000
c. To confiscate exhibits and
means employed for commission of administrative violations, worth up to VND
500,000;
d. To force the restoration of
the original state which was altered due to Administrative Violations
7. Chief of district-level police offices shave have powers:
a. a. To issue cautions;
b. To impose fines of up to VND
10,00,000;
c. To deprive of the right to
use practice permits or certificates falling under their competence;
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e. To apply
consequence-remedying measures specified in the 2002 Ordinance on Handling of
Administrative Violations.
8. Heads of fire prevention and
fighting police sections, heads of police sections for administrative
management of social order, heads of road and railway police sections and heads
of waterway police sections under police departments of provinces or centrally
run cities shall, within the scope of their respective tasks and powers, have
powers:
a. To issue cautions;
b. To impose fines of up to VND
10,00,000;
c. To deprive of the right to
use practice permits or certificates falling under their competence;
d. To confiscate goods and means
employed for commission of administrative violations;
e. To apply consequence-remedying
measures specified in the 2002 Ordinance on Handling of Administrative
Violations.
9. Directors of provincial-level
police departments shall have powers:
a. To issue cautions;
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c. To deprive of the right to use
practice permits or certificates falling under their competence;
d. To confiscate goods and means
employed for commission of administrative violations;
e. To apply
consequence-remedying measures specified in the 2002 Ordinance on Handling of
Administrative Violations.
10. The director of the Fire
Prevention and Fighting Police Department, the director of the Police
Department for Administrative Management of Social Order, the director of the
Road and Railway Police Department and the director of the Waterway Police
Department under the General Department of Police shall, within the scope of
their respective tasks and powers, have powers:
a. To issue cautions;
b. To impose fines of up to the
maximum level;
c. To deprive of the right to
use practice permits or certificates falling under their competence;
d. To confiscate goods and means
employed for commission of administrative violations;
e. To apply
consequence-remedying measures specified in the 2002 Ordinance on Handling of
Administrative Violations.
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SANCTIONING PROCEDURES,
COMPLAINTS AND DENUNCIATIONS IN SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
FIRE PREVENTION AND FIGHTING
Article 31:
Procedures for sanctioning administrative violations in the domain of fire
prevention and fighting
1. The procedures and order for
sanctioning administrative violations in the domain of fire prevention and
fighting shall comply with the provisions of the 2002 Ordinance on Handling of
Administrative Violations and the Government Decree No.134/2003/ND-CP of November
14,2003, detailing the implementation of a number of articles of the 2002
Ordinance on Handling of Administrative Violations.
2. Documents relating to the
sanctioning of administrative violations in the domain of fire prevention and
fighting must be fully archived at sanctioning agencies. Records on
administrative violations must be made according to set forms attached to the
aforesaid Decree No.134/2003/ND-CP.
3. when applying the sanctioning
form of confiscation of exhibits and means in violation, persons with
sanctioning competence must fully observe the provisions of Article 60 and
Article 61 of the Ordinance on Handling of administrative Violations and
Article 32 of the aforesaid Decree No.134/203/ND-CP.
Article 32:
Compliance with administrative sanctioning decisions
1. Individuals and organization
sanctioned for administrative violation in fire prevention and fighting must
comply with sanctioning decisions within ten days, counting from the date of
receiving such decisions, unless otherwise provided for by law.
2. Beyond the time limit
specified in Clause 1 of this Article, if individuals and organizations
sanctioned for administrative violations fail to voluntarily comply with
sanctioning decisions, they shall be forced to comply with such decisions
according to the provisions of law.
Article 33:
Complaints, denunciations
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2. Citizens may denounce
administrative violations committed by organizations or individuals in the
domain of fire prevention and fighting and denounce acts of violation committed
by persons with competence to sanction administrative violations in the domain
of fire prevention and fighting to competent state agencies.
3. The competence, procedures,
order and time limits for settlement of complaints, denunciations and
initiation of administrative law suits shall comply with the provisions of law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 34:
Implementation effect
This Decree takes effect 15 days
after its publication in CONG BAO. All previous regulations on sanctioning
administrative violations of regulations on fire prevention and fighting, which
are contrary to this Decree, are hereby annulled.
Article 35:
- Organization of implementation
The Minister of Public Security
shall be responsible for guiding ad organizing the implementation of this
Decree.
Article 36:
- Implementation responsibility
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai