THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 120/2013/ND-CP
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Hanoi, October
09, 2013
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DECREE
ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL DEFENSE
AND CRYPTOGRAPHY
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Handling Administrative
Violations dated June 20, 2012;
Pursuant to the Law on National Defense dated
June 14, 2005;
Pursuant to the Law on Military Conscription
dated December 30, 1981 and 1990, 1994 and 2005 Laws on Amendments to Law on
Military Conscription;
Pursuant to the Law on Vietnam People’s Army
Officers dated December 21, 1999; and 2008 Law on Amendments to Law on Vietnam
People’s Army Officers;
Pursuant to the Law on Militia and Self Defense
Forces dated November 23, 2009;
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Pursuant to the Ordinance on Reserve Forces
dated August 27, 1996;
Pursuant to the Ordinance on Industrial Mobilization
dated February 25, 2003;
Pursuant to the Ordinance on National Defense
Industry dated January 26, 2008;
Pursuant to the Ordinance on Protection of
National Defense Projects and Military Zones dated May 19, 1994;
At the request of the Minister of National
Defense;
The Government hereby promulgates a Decree on
penalties for administrative violations against regulations on national defense
and cryptography.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope
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2. Administrative violations against regulations on
national defense include:
a) Violations against regulations on conscription;
b) Violations against regulations on reserve
forces;
c) Violations against regulations on industrial
mobilization;
d) Violations against regulations on national
defense industry;
dd) Violations against regulations on militia and
self-defense forces;
e) Violations against regulations on protection of
national defense works and military zones; and encroachment upon land for
national defense and military-managed residential land and houses;
g) Violations against regulations on use of
military driver’s licenses and number plates of military transport vehicles,
automobiles and motorbikes;
h) Violations against regulations on use, purchase,
selling and production of military uniforms, work signage and signal flags.
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a) Violations against regulations on use of
cryptographic products not provided by Government Cipher Commission to protect
information pertaining to state secrets;
b) Violations against regulations on state secret
protection during transmission of confidential information via information or
telecommunications equipment or storage of confidential information using electronic
or computer devices without encryption using keys provided by cryptography
forces;
c) Violations against regulations on period of
ineligibility for cryptographic operations and regulations on production and
provision of cryptographic products for protection of information pertaining to
state secrets.
4. Administrative violations related to national
defense and cryptography mentioned in Decrees on penalties for administrative
violations against regulations on land; healthcare; social insurance; transport;
construction; management and use of state property; public order and social
safety and other fields shall be subject to the penalties provided for in those
Decrees.
Article 2. Prescriptive period
for imposition of administrative penalties for violations against
regulations on national defense and cryptography
Prescriptive period for imposition of penalties for
administrative violations against regulations on national defense and
cryptography shall be one year. Prescriptive period for imposition of penalties
for administrative violations against regulations on management of land for
national defense and military-managed residential land and houses; national
defense works and military zones shall be two years.
Article 3. Regulations on fine
rates and power to impose fines
1. Maximum fines imposed upon administrative
violations against regulations on national defense and cryptography:
a) The maximum fine for committing a violation
against national defense regulations shall be VND 75.000.000 if it is imposed
upon an individual or VND 150.000.000 if it is imposed upon an organization;
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2. Fines imposed upon the administrative violations
provided for in Sections 1, 2, 3, 4, 5, 6, 7 and 8 Chapter II and Section 1
Chapter III of this Decree are incurred by individuals. The maximum fines that may
be imposed upon organizations are twice as much as the fines incurred by
individuals.
3. The power to impose fines of those holding the
titles specified in Section 9 Chapter II and Section 2 Chapter III of this
Decree is applicable to administrative violations committed by individuals; the
power to impose a fine on an administrative violation committed by an
organization is twice as much as the power to impose a fine on an individual.
Chapter 2.
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST NATIONAL DEFENSE REGULATIONS
SECTION 1. ADMINISTRATIVE
VIOLATIONS AGAINST CONSCRIPTION REGULATIONS AND PENALTY TYPES AND REMEDIAL
MEASURES THEREOF
Article 4. Violations against
regulations on conscription registration
1. A warning shall be issued to male citizens reaching
17 years old in the year and required to register for conscription if they fail
to apply for initial conscription registration.
2. A fine ranging from VND 200.000 to VND 600.000
shall be imposed upon the following violations:
a) Failure to apply for initial registration for
conscription, excluding the case provided for in Clause 1 of this Article;
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c) Failure to apply for modification of
conscription registration prior to change of place of residence as per the law;
d) Failure to register for reserve force as per the
law.
3. Remedial measures: enforced conscription
registration, supplemental conscription registration, application for
modification of conscription registration and reserve force registration for
the violations mentioned in Clauses 1 and 2 herein.
Article 5. Violations against
regulations on preliminary selection for conscription
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed upon failure to be present at the time or location for
preliminary selection stated in the call to preliminary selection for
conscription without a legitimate reason.
2. Remedial measure: enforced participation in
preliminary selection for conscription according to the plan of the
conscription council for the violations mentioned in Clause 1 herein.
Article 6. Violations against
regulations on health examination for conscription
1. A fine ranging from VND 800.000 to VND 1.200.000
shall be imposed upon failure to be present at the time or location for health
examination stated in the call to health examination for conscription without a
legitimate reason.
2. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon the following violations:
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b) Offering of money or other material benefits to
healthcare officials and workers for the purpose of falsification of health
classification results of persons undergoing health examination for
conscription;
c) Deliberate alteration of health determinants of
persons undergoing health examination for conscription by healthcare officials
and workers.
3. Remedial measures:
a) Enforced health examination according to the
plan of the conscription council for the violations mentioned in Clause 1
herein;
b) Confiscation of illegal profit obtained by
healthcare officials and workers due to the violations provided for in Point b
Clause 2 of this Article;
c) Enforced health reexamination for persons
undergoing health examination for conscription for the violations mentioned in
Points a, b and c Clause 2 herein.
Article 7. Violations against
enlistment regulations
1. A fine ranging from VND 1.500.000 to VND
2.500.000 shall be imposed upon failure to be present at the assembling time or
location stated in the enlistment order without a legitimate reason.
2. Remedial measure: enforced compliance with the
enlistment order for the violations mentioned in Clause 1 herein.
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1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon the following violations:
a) Desertion during conscription in a regular armed
force in peacetime which has not resulted in any serious consequence and for
which the regiment-level military unit or equivalent has sent a notification of
desertion and removal from personnel list to the commune-level People’s
Committee and district-level military authority;
b) Sheltering and concealment of deserting
soldiers.
2. Remedial measures: enforced return of all
military uniforms provided and enforced performance of conscription according
to regulations of the Law on Military Conscription for the violation mentioned
in Point a Clause 1 herein.
Article 9. Violations against
regulations on performance of conscription
1. A fine ranging from VND 1.500.000 to VND
2.000.000 shall be imposed upon failure to enable citizens to register for
conscription, participate in preliminary selection for conscription,
participate in health examination for conscription and comply with enlistment
orders.
2. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed upon obstructing persons tasked with conscription
registration, preliminary selection for conscription, health examination for
conscription and execution of enlistment orders from fulfilling their duties.
3. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon the following violations:
a) Failure to report or failure to sufficiently or
accurately report list of male citizens reaching 17 years old in the year or
list of female citizens aged 18 to 40 and having technical qualifications
needed by the army;
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4. A fine ranging from VND 5.000.000 to VND 10.000.000
shall be imposed upon failure to allow citizens who have completed conscription
to return to the workplaces that they work for prior to conscription.
5. Remedial measures:
a) Enforced enabling citizens to register for
conscription, participate in preliminary selection for conscription,
participate in health examination for conscription and comply with enlistment
orders as per the law for the violations mentioned in Clause 1 herein;
b) Enforced employment of citizens who have
completed conscription in the workplaces that they work for prior to
conscription for the violation mentioned in Clause 4 herein.
SECTION 2. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON RESERVE FORCES AND PENALTY TYPES AND REMEDIAL
MEASURES THEREOF
Article 10. Violations against
regulations on registration as reserve serviceman
1. A fine ranging from VND 500.000 to VND 1.500.000
shall be imposed upon failure to register as reserve serviceman with the
military authority of the locality where the new place of residence or new workplace
is located when moving to a new place of residence or workplace.
2. Remedial measure: enforced registration as
reserve serviceman for the violation mentioned in Clause 1 herein.
Article 11. Violations against
regulations on reserve serviceman training
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2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon failure to enable citizens to follow the call
to health examination for selection or reserve serviceman training decision.
3. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon the following violations:
a) Alteration of health classification results by
persons undergoing health examination for the purpose of avoiding reserve
serviceman training;
b) Offering of money or other material benefits to
healthcare officials and workers for the purpose of falsification of health
classification results of persons undergoing health examination for reserve
serviceman training;
c) Deliberate falsification of health determinants
of persons undergoing health examination for reserve serviceman training by
healthcare officials and workers.
4. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon failure to allow persons who have completed
reserve serviceman training to return to the workplaces that they work for prior
to training.
5. Remedial measures:
a) Enforced compliance with call to health
examination for selection or reserve serviceman training decision for the
violations mentioned in Clause 1 herein;
b) Confiscation of illegal profit obtained by healthcare
officials and workers due to the violations mentioned in Point b Clause 3 of
this Article;
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d) Enforced employment of persons who have
completed reserve serviceman training in the workplaces that they work for
prior to training for the violation mentioned in Clause 4 herein.
Article 12. Violations against
regulations on training, drilling and mobilization and fighting readiness
assessment
1. A fine ranging from VND 800.000 to VND 1.200.000
shall be imposed upon failure to be present at the time or location stated in
the call to training, drilling and mobilization and fighting readiness
assessment without a legitimate reason.
2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon failure to enable reserve servicemen to comply
with regulations on training, drilling and mobilization and fighting readiness
assessment.
3. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon failure to allow reserve servicemen who have
completed training, drilling and mobilization and fighting readiness assessment
to return to the workplaces that they work for prior to such activities.
4. Remedial measures:
a) Enforced compliance with calls to training,
drilling and mobilization and fighting readiness assessment according to orders
from competent authorities for the violations mentioned in Clause 1 herein;
b) Enforced employment of reserve servicemen in
their previous workplaces for the violation mentioned in Clause 3 herein.
Article 13. Violations against
regulations on technical equipment registration
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a) Failure to register technical equipment with the
competent authority of the locality where an individual resides or an
organization’s office is located;
b) Failure to modify registration upon change to
functions, uses or technical condition of technical equipment;
c) Failure to register change of place of residence
or relocation upon change to place of residence of the technical equipment’s
owner;
d) Failure to remove technical equipment
registration as per the law;
dd) Failure to register temporary absence of
technical equipment planned to be mobilized for the army’s permanent standing
bodies.
2. Remedial measure: enforced compliance with
regulations on technical equipment registration for the violation mentioned in
Clause 1 herein.
Article 14. Violations against
regulations on technical equipment mobilized
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon failure to execute decisions or orders
concerning mobilization of technical equipment not yet provided for reserve
forces for the purposes of reserve force training, drilling and assessment in
peacetime.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed upon failure to execute decisions or orders
concerning mobilization of technical equipment already provided for reserve
forces for the purposes of reserve force training, drilling and assessment in
peacetime.
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SECTION 3. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INDUSTRIAL MOBILIZATION AND PENALTY TYPES AND
REMEDIAL MEASURES THEREOF
Article 15. Violations against
regulations on industrial mobilization
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon provision of insufficient or false information
on production or repair capacity to survey authority.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon failure to cooperate with survey authority in
surveying production or repair capacity of industrial enterprises.
3. A fine ranging from VND 50.000.000 to VND
75.000.000 shall be imposed upon the following violations:
a) Avoiding industrial mobilization tasks assigned;
b) Failure to execute decisions on mobilization for
industrial mobilization drilling.
4. Remedial measures:
a) Enforced provision of sufficient and correct
information on production or repair capacity to survey authority for the
violations mentioned in Clause 1 herein;
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Article 16. Violations against
regulations on management and use of technological documents and equipment for
industrial mobilization
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed upon industrial enterprises allocated equipment by
the State committing the following violations:
a) Failure to open a logbook or failure to record
use and fluctuation of allocated equipment in a logbook;
b) Failure to formulate regulations on management
and use of allocated equipment;
c) Failure to carry out stocktaking of allocated
equipment as per regulations;
d) Failure to report results of stocktaking of
allocated equipment to competent authority as per regulations.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon the following violations:
a) Failure to report to the supervisory authority
or submit a written request to the Minister of National Defense when using
state-allocated equipment to complete production or repair lines outside of
industrial mobilization plan;
b) Failure to submit a written report to the
authority issuing the enterprise establishment decision and the Ministry of
National Defense upon a decision on merger, division, dissolution or transfer
of ownership to another entity or a written request for bankruptcy declaration
or incapacity to perform industrial mobilization tasks after technological
renovation is completed.
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a) Failure to use equipment outside of industrial
mobilization plan for the intended purpose or permitted time;
b) Misuse of depreciation amounts for
state-invested property.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon the following violations:
a) Destruction or loss of technological documents
allocated by the State for industrial mobilization purpose;
b) Failure to transfer sufficient technological
documents received and state-allocated equipment upon a revocation decision.
5. Remedial measures:
a) Enforced revocation of equipment and/or
technological documents allocated by the State for industrial mobilization
purpose for the violation mentioned in Point a Clause 3 herein;
b) Enforced return of misused depreciation amounts
for the violation mentioned in Point b Clause 3 herein.
Article 17. Violations against
regulations on industrial mobilization products
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2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon failure to deliver industrial mobilization
products of required quality according to industrial mobilization targets.
3. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed upon trading, gifting, leasing and pawning of
industrial mobilization products.
4. Remedial measures: enforced recall of
unqualified products or enforced disposal of products causing harm to humans,
domestic animals or the environment for the violation mentioned in Clause 2
herein.
SECTION 4. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON NATIONAL DEFENSE INDUSTRY AND PENALTY TYPES
AND REMEDIAL MEASURES THEREOF
Article 18. Violations against
regulations on applications for certificates of eligibility to participate in
national defense industry
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed upon alteration, erasure or other acts of
falsification of contents of documents in applications for certificates of
eligibility to participate in national defense industry.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon forgery of documents or use of forged documents
in applications for certificates of eligibility to participate in national
defense industry.
3. Additional penalty: confiscation of altered or
forged documents for the violations mentioned in Clauses 1 and 2 herein.
4. Remedial measure: revocation of issued
certificates of eligibility to participate in national defense industry for the
violations mentioned in Clauses 1 and 2 herein.
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1. A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed upon alteration, erasure or other acts of
falsification of contents of certificates of eligibility to participate in
national defense industry.
2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon selling, leasing and lending of certificates
of eligibility to participate in national defense industry.
3. Additional penalty: revocation of certificates
of eligibility to participate in national defense industry for 6-12 months for
the violations mentioned in Clause 2 herein.
4. Remedial measure: revocation of issued
certificates of eligibility to participate in national defense industry for the
violations mentioned in Clause 1 herein.
Article 20. Violations
against regulations on activities of national defense industry
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed upon the following violations:
a) Failure to comply with requirements for periodic
reporting on participation in national defense industry to the contracting
authority and issuer of the certificate of eligibility to participate in
national defense industry;
b) Failure to submit ad hoc reports at the request
of affiliates of the Ministry of National Defense.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon the following violations:
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b) Failure to participate in national defense
industry in accordance with contents written in the issued certificate of
eligibility to participate in national defense industry.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon participation in national defense industry
without signing an agreement on such participation.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon failure to maintain compliance with
requirements for participation in national defense industry according to the
issued certificate of eligibility to participate in national defense industry.
5. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed upon participation in national defense industry
without a certificate of eligibility to participate in national defense
industry.
6. Additional penalty: revocation of certificates
of eligibility to participate in national defense industry for 01-03 months for
the violation mentioned in Point b Clause 2 herein.
SECTION 5. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MILITIA AND SELF-DEFENSE FORCES AND PENALTY
TYPES AND REMEDIAL MEASURES THEREOF
Article 21. Violations against
regulations on organization of militia and self-defense forces
1. A fine ranging from VND 500.000 to VND 1.500.000
shall be imposed upon evasion of participation in core militia and self-defense
forces.
2. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon obstructing development of militia and
self-defense forces.
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4. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed upon organization of militia and self-defense
forces against the law.
5. Remedial measures:
a) Enforced participation in militia and
self-defense forces for the violation mentioned in Clause 1 herein;
b) Enforced organization of militia and
self-defense forces according to decisions of competent authorities for the
violation mentioned in Clause 3 herein;
c) Enforced dissolution of militia and self-defense
forces organized against the law for the violation mentioned in Clause 4
herein.
Article 22. Violations against
regulations on training of militia and self-defense forces
1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon failure to enable responsible persons to train
militia and self-defense forces.
2. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon the following violations against regulations on
training of militia and self-defense forces:
a) Failure to provide training according to given
schedule;
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3. Remedial measure: enforced provision of training
to militia and self-defense forces for required duration and according to
required programs and contents for the violations mentioned in Points a and b
Clause 2 herein.
Article 23. Violations against
regulations on impersonation of core militia and self-defense forces, use of
militia and self-defense forces and obstruction of on-duty militia and
self-defense forces
1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon impersonation of core militia and self-defense
forces.
2. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon misuse of militia and self-defense forces.
3. A fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed upon obstructing on-duty members of militia and
self-defense forces.
4. Additional penalty: exhibit confiscation for the
violation mentioned in Clause 1 herein;
Article 24. Violations against
regulations on weapon and equipment management
1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon illegal weapon use or lending weapons to other
people without permission (unless during fights).
2. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon damaging weapons or equipment through
negligence.
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4. Additional penalty: revocation of weapon
licenses for 01 - 03 months for the violations mentioned in Clause 1, Clause 2
and Clause 3 of this Article.
SECTION 6. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON PROTECTION OF NATIONAL DEFENSE WORKS AND
MILITARY ZONES; AND ENCROACHMENT UPON LAND FOR NATIONAL DEFENSE AND
MILITARY-MANAGED RESIDENTIAL LAND AND HOUSES AND PENALTY TYPES AND REMEDIAL
MEASURES THEREOF
Article 25. Violations against
regulations on illegal movement, residence and business operation in no entry
areas, protection areas and safety zones of national defense works and military
zones
1. A warning shall be issued to persons carelessly
entering, exiting or moving in no entry areas, protection areas and safety
zones of national defense works and military zones.
2. A fine ranging from VND 300.000 to VND 500.000
shall be imposed upon persons deliberately entering, exiting or moving in
protection areas and safety zones of national defense works and military zones.
3. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed upon persons deliberately entering, exiting or moving in no
entry areas of national defense works and military zones.
4. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed upon illegal residence in no entry areas, protection
areas and safety zones of national defense works.
5. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon illegal business operation in no entry areas,
protection areas and safety zones of national defense works and military zones.
6. Remedial measures: enforced demolition of
illegally built works and housing, reversal of the changes made and relocation
from no entry areas, protection areas and safety zones of national defense
works and military zones for the violations mentioned in Clauses 4 and 5
herein.
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1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed upon filming, photographing, measuring or mapping
safety zones of national defense works and military zones without permission of
competent authority.
2. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed upon filming, photographing, measuring or mapping
protection areas of national defense works and military zones without
permission of competent authority.
3. A fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed upon filming, photographing, measuring or mapping no
entry areas of national defense works and military zones without permission of
competent authority.
4. A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed upon researching the location, functions or
structure of or recording information concerning national defense works and
military zones ultra vires or without permission of competent authority.
5. Additional penalty: confiscation of exhibits and
vehicles used to commit the violations mentioned in Clauses 1, 2, 3 and 4
herein.
Article 27. Violations against
regulations on protection of national defense works and military zones
1. A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed upon the following violations:
a) Allowing waste to erode or damage structure or
equipment of national defense works;
b) Placing equipment that affects structure,
functions, safety or secret of national defense works and military zones;
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d) Cutting trees used to disguise national defense
works and military zones.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon collecting materials, minerals or antiques in
protection areas and safety zones of national defense works and military zones.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon the following violations:
a) Allowing toxic chemicals or toxic substances to
enter national defense works;
b) Collecting materials, minerals or antiques on
the top of, on the sides of or under national defense works or in no entry
areas of national defense works and military zones.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon construction without permission of competent
authority that affects national defense works and military zones.
5. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon demolishing or damaging structure and
equipment of national defense works.
6. Additional penalty: confiscation of exhibits and
vehicles used to commit the violations mentioned in Clause 2 and Point b Clause
3 herein.
7. Remedial measures:
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b) Enforced removal of waste, toxic chemicals and
toxic substances from national defense works for the violations mentioned in
Point a Clause 1 and Point a Clause 3 of this Article;
c) Enforced removal of illegally built equipment and
works for the violations mentioned in Point b Clause 1 and Clause 4 of this
Article.
Article 28. Violations against
regulations on use of national defense works and military zones
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon misuse of specialized equipment and materials
of national defense works.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon misuse of national defense works and military
zones without permission of competent authority.
3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed upon conversion of national defense works and
military zones without permission of competent authority.
4. Remedial measure: enforced reversal of the
changes made for the violation mentioned in Clause 3 herein.
Article 29. Violations against
regulations on encroachment upon land for national defense and military-managed
residential land and houses
1. Fines shall be imposed upon violations against
regulations on management of land for national defense. To be specific:
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b) A fine ranging from VND 15.000.000 to VND 30.000.000
shall be imposed on encroachment upon land for national defense having land use
right value from VND 200.000.000 to under VND 400.000.000;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on encroachment upon land for national defense
having land use right value from VND 400.000.000 to under VND 1.000.000.000;
d) A fine ranging from VND 50.000.000 to VND
75.000.000 shall be imposed on encroachment upon land for national defense having
land use right value of VND 1.000.000.000 or more.
2. Fines shall be imposed upon violations against
regulations on military-managed residential land and houses. To be specific:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on encroachment upon military-managed residential
houses and land having land use right value of less than VND 200.000.000;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on encroachment upon military-managed residential
houses and land having land use right value from VND 200.000.000 to under VND
400.000.000;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on encroachment upon military-managed residential
houses and land having land use right value from VND 400.000.000 to under VND
1.000.000.000;
d) A fine ranging from VND 30.000.000 to VND
75.000.000 shall be imposed on encroachment upon military-managed residential
houses and land having land use right value of VND 1.000.000.000 or more.
3. Remedial measures: enforced reversal of the
changes made and returning of encroached land for the violations mentioned in
Clauses 1 and 2 herein.
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Article 30. Violations against
regulations on selling, buying and use of forged military driver’s licenses and
number plates of military transport vehicles, automobiles and motorbikes
1. A fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed upon the following violations:
a) Use of forged military driver’s licenses;
b) Use of number plates of military transport
vehicles, automobiles and motorbikes against the law.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon the following violations:
a) Selling and buying forged military driver’s
licenses;
b) Selling and buying number plates of military
transport vehicles, automobiles and motorbikes.
3. Additional penalty: confiscation of forged
military driver’s licenses and number plates of military transport vehicles,
automobiles and motorbikes for the violations mentioned in Clauses 1 and 2
herein.
Article 31. Violations against
regulations on forgery of military driver’s licenses and number plates of
military transport vehicles, automobiles and motorbikes
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a) Forgery of forged military driver’s licenses;
b) Forgery of number plates of military transport
vehicles, automobiles and motorbikes.
2. Additional penalty: confiscation of forged
military driver’s licenses and number plates of military transport vehicles,
automobiles and motorbikes for the violations mentioned in Clause 1 herein.
SECTION 8. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON USE, PURCHASE, SELLING AND PRODUCTION OF
MILITARY UNIFORMS, WORK SIGNAGE AND SIGNAL FLAGS AND PENALTY TYPES AND REMEDIAL
MEASURES THEREOF
Article 32. Violations against
regulations on use of military uniforms
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed upon the following violations:
a) Use of headwear with military badge against the
law;
b) Use of military uniforms with epaulets or
badges, laurel branches, military name tags or military symbols against the
law.
2. Additional penalty: exhibit confiscation for the
violations mentioned in Clause 1 herein.
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1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon illegal possession of military badges,
epaulets, laurel branches, military name tags, military symbols, kepi caps,
combat hats, dress uniforms, regular military uniforms, combat uniforms,
uniforms for professional operations and other military uniforms.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed upon illegal exchange of military badges, epaulets,
laurel branches, military name tags, military symbols, kepi caps, combat hats,
dress uniforms, regular military uniforms, combat uniforms, uniforms for
professional operations and other military uniforms.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed upon illegal selling of military badges, epaulets,
laurel branches, military name tags, military symbols, kepi caps, combat hats,
dress uniforms, regular military uniforms, combat uniforms, uniforms for
professional operations and other military uniforms.
4. Additional penalty: exhibit confiscation for the
violations mentioned in Clauses 1, 2 and 3 herein.
Article 34. Violations against
regulations on military uniform production
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon the following violations:
a) Illegal production of military badges, epaulets,
laurel branches, military name tags, military symbols, kepi caps, combat hats,
dress uniforms, regular military uniforms, combat uniforms, uniforms for
professional operations and other military uniforms;
b) Counterfeiting of military badges, epaulets,
laurel branches, military name tags, military symbols, kepi caps, combat hats,
dress uniforms, regular military uniforms, combat uniforms, uniforms for
professional operations and other military uniforms.
2. Additional penalty: confiscation of exhibits and
vehicles used to commit the violations mentioned in Clause 1 herein.
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1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed upon illegal use of work signage, signal flags and
priority signals for on-duty military forces.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon illegal selling and buying of work signage and
signal flags for on-duty military forces.
3. Additional penalties:
a) Exhibit confiscation for the violation mentioned
in Clause 1 herein;
b) Exhibit confiscation for the violation mentioned
in Clause 2 herein.
Article 36. Violations against
regulations on production of work signage and signal flags for on-duty military
forces
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon the following violations:
a) Illegal production of work signage and signal
flags for on-duty military forces;
b) Counterfeiting of work signage and signal flags
for on-duty military forces.
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SECTION 9. POWER TO IMPOSE
PENALTIES UPON ADMINISTRATIVE VIOLATIONS AGAINST NATIONAL DEFENSE REGULATIONS
Article 37. Power to impose
penalties of Chairpersons of People’s Committees at all levels
Chairpersons of People’s Committees at all levels
have the power to impose penalties upon the administrative violations mentioned
in Sections 1, 2, 3, 5, 6, 7 and 8 Chapter II of this Decree in localities
under their management. To be specific:
1. Chairpersons of commune-level People’s
Committees have the power to:
a) Issue warnings;
b) Impose fines of up to VND 5.000.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 5.000.000;
d) Impose the remedial measures mentioned in Section
6 Chapter II herein.
2. Chairpersons of district-level People’s
Committees have the power to:
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b) Impose fines of up to VND 37.500.000;
c) Revoke licenses temporarily;
d) Confiscate exhibits and vehicles used to commit administrative
violations worth up to VND 37.500.000;
dd) Impose the remedial measures mentioned in
Sections 1, 2, 3, 5 and 6 Chapter II herein.
3. Chairpersons of provincial People’s Committees
have the power to:
a) Issue warnings;
b) Impose fines of up to VND 75.000.000;
c) Revoke licenses temporarily;
d) Confiscate exhibits and vehicles used to commit
administrative violations;
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Article 38. Power to impose
penalties of national defense inspectorates
National defense inspectorates have the power to
impose penalties upon the administrative violations mentioned in Chapter II
herein.
1. On-duty national defense inspectors have the
rights to:
a) Issue warnings;
b) Impose fines of up to VND 500.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 500.000;
d) Impose the remedial measures mentioned in
Section 6 Chapter II herein;
2. Chief national defense inspectors of high
commands of Hanoi, Ho Chi Minh City, provinces and central-affiliated cities
have the rights to:
a) Issue warnings;
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c) Revoke licenses temporarily;
d) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 37.500.000;
dd) Impose the remedial measures mentioned in
Chapter II herein.
3. Chief national defense inspectors of military
zones have the rights to:
a) Issue warnings;
b) Impose fines of up to VND 52.500.000;
c) Revoke licenses temporarily;
d) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 52.500.000;
dd) Impose the remedial measures mentioned in
Chapter II herein.
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a) Issue warnings;
b) Impose fines of up to VND 75.000.000;
c) Revoke licenses temporarily;
d) Confiscate exhibits and vehicles used to commit
administrative violations;
dd) Impose the remedial measures mentioned in
Chapter II herein.
5. Heads of national defense inspector teams of
high commands of Hanoi, Ho Chi Minh City, provinces and central-affiliated
cities have the power to impose the penalties mentioned in Clause 2 of this
Article.
6. Heads of national defense inspector teams of
military zones have the power to impose the penalties mentioned in Clause 2 of
this Article.
7. Heads of inspector teams of the Ministry of
National Defense have the power to impose the penalties mentioned in Clause 3
of this Article.
Article 39. Power to impose
penalties of police forces
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1. On-duty police officers have the right to impose
fines of up to VND 500.000.
2. Heads of police posts and teams to which the
officers in Clause 1 herein are affiliated have the right to impose fines of up
to VND 1.500.000.
3. Heads of commune-level police forces and heads
of police stations have the rights to:
a) Impose fines of up to VND 2.500.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point a of
this Clause.
4. Heads of district-level police forces, heads of
professional divisions affiliated to road and railway traffic police department
and waterway police department, heads of divisions affiliated to provincial
police forces, including heads of police divisions for investigation of
economic management order and position-related crimes, chiefs of road and
railway traffic police divisions, chiefs of waterway police divisions and
chiefs of economic security police divisions, have the rights to:
a) Impose fines of up to VND 15.000.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point a of
this Clause.
5. Heads of provincial police forces have the
rights to:
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b) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point a of
this Clause.
6. Head of economic security department, head of
police department for investigation of economic management order and
position-related crimes, head of road and railway traffic police department and
head of waterway police department have the rights to:
a) Impose fines of up to VND 75.000.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations.
Article 40. Power to impose
penalties of market surveillance forces
Market surveillance forces have the power to impose
penalties upon the violations mentioned in Article 33, Article 34, Clause 2 and
Point b Clause 3 Article 35 and Article 36 of Section 8 Chapter II herein. To
be specific:
1. On-duty members of market surveillance forces
have the right to impose fines of up to VND 500.000.
2. Heads of market surveillance teams have the
rights to:
a) Impose fines of up to VND 25.000.000;
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3. Heads of district-level market surveillance
authorities affiliated to Departments of Industry and Trade, head of
district-level smuggling control authorities, heads of district-level
counterfeit control authorities and heads of goods quality control authorities
affiliated to provincial market surveillance authorities have the rights to:
a) Impose fines of up to VND 50.000.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point a of
this Clause.
4. Heads of provincial market surveillance
authorities have the rights to:
a) Impose fines of up to VND 75.000.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations.
Article 41. Power to impose
penalties of Border guard
Border Guards has the power to impose penalties
upon the violations mentioned in Sections 6 and 7 Chapter II of this Decree. To
be specific:
1. On-duty border guards have the rights to:
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b) Impose fines of up to VND 500.000.
2. Heads of posts and teams to which the persons in
Clause 1 herein are affiliated have the rights to:
a) Issue warnings;
b) Impose fines of up to VND 2.500.000.
3. Heads of border guard stations, heads of border
guard flotillas, heads of border guard sub-zones and heads of border guards at
port checkpoints have the rights to:
a) Issue warnings;
b) Impose fines of up to VND 15.000.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point b of
this Clause;
d) Impose the remedial measures mentioned in
Section 6 Chapter II herein.
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a) Issue warnings;
b) Impose fines of up to VND 75.000.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations;
d) Impose the remedial measures mentioned in Section
6 Chapter II herein.
Article 42. Power to impose
penalties of Coast Guard
Coast Guard has the power to impose penalties upon
the violations mentioned in Sections 6 and 7 Chapter II of this Decree. To be
specific:
1. On-duty coast guard officers have the rights to:
a) Issue warnings;
b) Impose fines of up to VND 1.500.000.
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a) Issue warnings;
b) Impose fines of up to VND 3.700.000.
3. Coast guard squad leaders and captains of
coastguard stations have the rights to:
a) Issue warnings;
b) Impose fines of up to VND 7.500.000;
c) Impose the remedial measures mentioned in Points
a and b Clause 7 Article 27, Clause 4 Article 28 and Clause 3 Article 29
Section 6 Chapter II herein.
4. Heads of coast guard platoons have the rights
to:
a) Issue warnings;
b) Impose fines of up to VND 15.000.000;
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d) Impose the remedial measures mentioned in
Section 6 Chapter II herein.
5. Heads of coast guard squadrons have the rights
to:
a) Issue warnings;
b) Impose fines of up to VND 22.500.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations worth no more than the amount mentioned in Point b of
this Clause;
d) Impose the remedial measures mentioned in
Section 6 Chapter II herein.
6. Commanding officers of coast guard regions have
the rights to:
a) Issue warnings;
b) Impose fines of up to VND 37.500.000;
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d) Impose the remedial measures mentioned in
Section 6 Chapter II herein.
7. Commander of Vietnam Coast Guard has the rights
to:
a) Issue warnings;
b) Impose fines of up to VND 75.000.000;
c) Confiscate exhibits and vehicles used to commit
administrative violations;
d) Impose the remedial measures mentioned in
Section 6 Chapter II herein.
Article 43. Power to issue
notices of administrative violations against national defense regulations
1. Persons having power to impose penalties
mentioned in Articles 37, 38, 39, 40, 41 and 42 of this Decree.
2. On-duty professional servicemen, servicewomen
and police officers.
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Chapter 3.
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON CRYPTOGRAPHY
SECTION 1. ADMINISTRATIVE
VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS AND PENALTY TYPES AND REMEDIAL
MEASURES THEREOF
Article 44. Violations against
regulations on use of cryptographic products not provided by Government Cipher
Commission to protect information pertaining to state secrets
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed upon use of cryptographic techniques and products
not provided by Government Cipher Commission to protect information pertaining
to state secrets.
2. Additional penalty: confiscation of
cryptographic techniques and products used for the violation mentioned in
Clause 1 herein.
Article 45. Violations against
regulations on state secret protection during transmission of confidential
information via information or telecommunications equipment or storage of
confidential information using electronic or computer devices without
encryption using keys provided by cryptography forces
1. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed upon the following violations:
a) Failure to encrypt state secret information
transmitted via information or telecommunications equipment using keys provided
by cryptography forces;
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2. Remedial measures: enforced use of technical and
professional measures of Government Cipher Commission to ensure safety and
confidentiality of state secret information transmitted via information or
telecommunications equipment or stored in electronic or computer devices.
Article 46. Violations against
regulations on period of ineligibility for cryptographic operations and
regulations on production and provision of cryptographic products for
protection of information pertaining to state secrets
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon cryptography personnel who have retired,
switched to another profession, moved to another workplace or resigned and
participate in cryptographic activities of organizations and individuals outside
of the cryptography sector within 5 years after the decision issuance date.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed upon production and provision of cryptographic
products to regulatory bodies and organizations for state secret protection
without permission of Government Cipher Commission.
3. Additional penalty: confiscation of exhibits and
instrumentalities used to commit the violations mentioned in Clause 2 herein.
SECTION 2. POWER TO IMPOSE
PENALTIES UPON ADMINISTRATIVE VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS
Article 47. Power to impose
penalties of cryptography inspectorates
1. On-duty cryptography inspectors have the rights
to:
a) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 500.000;
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2. Chief Government Cryptography Inspector and
heads of cryptography inspectorates have the rights to:
a) Impose fines of up to VND 25.000.000;
b) Confiscate exhibits and vehicles used to commit
administrative violations worth up to VND 25.000.000;
c) Impose the remedial measures mentioned in
Section 1 Chapter III herein.
Article 48. Power to impose
penalties of Head of Government Cipher Commission
Head of Government Cipher Commission has the power
to:
1. Impose fines of up to VND 50.000.000;
2. Confiscate exhibits and vehicles used to commit
administrative violations;
3. Impose the remedial measures mentioned in
Section 1 Chapter III herein.
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1. Persons having power to impose penalties
mentioned in Articles 47 and 48 of this Decree.
2. On-duty cryptography personnel.
Chapter 4.
IMPLEMENTATION CLAUSE
Article 50. Effect
This Decree takes effect from November 22, 2013 and
supersedes the Government’s Decree No. 151/2003/ND-CP dated December 09, 2003
on penalties for administrative violations against regulations on national
defense.
Article 51. Transitional
clauses
1. Administrative violations against national
defense regulations committed prior to the entry into force of this Decree and
discovered afterwards or under consideration shall be handled according to
regulations of this Decree if the application of this Decree is favorable to
the individuals and organizations committing these violations.
2. For complaints against administrative penalty
decisions issued or executed prior to the entry into force of this Decree filed
by individuals or organizations incurring such administrative penalties, these
complaints shall be handled according to regulations of the Ordinance on
Handling of Administrative Violations and Decree No. 151/2003/ND-CP.
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1. The Minister of National Defense shall provide
guidelines for the implementation of this Decree.
2. Ministers, heads of Ministerial-level agencies,
heads of Governmental agencies, Chairpersons of People’s Committees of
provinces and central-affiliated cities shall implement this Decree.
P.P. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung