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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 96/2020/ND-CP
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Hanoi, August 24, 2020
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DECREE
PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON NATIONAL BORDER MANAGEMENT AND PROTECTION
Pursuant to the Law
on Government Organization dated June 19, 2015;
Pursuant to the Law
on Government Organization dated June 19, 2015;
Pursuant to the Law
on National Border dated June 17, 2003;
At the request of
the Minister of National Defense;
The Government
hereby promulgates a Decree on penalties for administrative violations against
regulations on national border management and protection.
Chapter
I
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Article
1. Scope
1. This Decree
provides for administrative violations, penalties, fines, remedial measures,
the power to impose penalties against administrative violations and the power
to make records of administrative violations against regulations on national
border management and protection.
2. Administrative
violations committed in border areas not covered by this Decree shall be
governed by other regulations on penalties for corresponding administrative
violations in the relevant state management sector.
Article
2. Regulated entities
1. This Decree applies
to Vietnamese and foreign organizations and individuals (hereinafter referred
to as “entities”) that commit administrative violations within the territory of
Vietnam; the persons who have the power to record administrative violations and
persons who have the power to impose penalties for the administrative
violations prescribed in this Decree.
2. The organizations
mentioned in Clause 1 of this Article include:
a) Regulatory
authorities committing violations which are not related to their assigned state
management duties;
b) Enterprises that
are duly established and operate in accordance with Vietnam’s laws; branches
and representative offices of foreign enterprises operating in Vietnam;
c) Cooperatives,
cooperative unions and cooperative associations;
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dd) Social
organizations, socio-political organizations and socio-professional
organizations.
3. Household
businesses that register their business in accordance with law and households
that commit the administrative violations mentioned in this Decree shall be
subject to the same fines as those imposed on violating individuals.
Article
3. Penalties and remedial measures
1. For each
administrative violation against regulation on national border management and
protection regulated by this Decree, the violator will receive either:
a) a warning; or
b) a fine.
2. Depending on the
nature and severity of the violation, the entity that commits administrative
violations may also incur one or more of the following additional penalties:
a) Confiscation of the
exhibits and instrumentalities used for committing administrative violations;
b) Suspension of the
license to extract or explore natural resources or minerals, the aquatic
product exploration license, the fishing license, the environmental license,
the construction permit, the transport license or the business license for 06 -
12 months; suspension of the driver’s license, the certificate of competency,
the international tour operator license, the license to provide services or the
license to conduct commercial activities at land border checkpoints for 03 - 06
months;
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3. In addition to the
abovementioned penalties, an entity that commits administrative violations may
be liable to one or more of the following remedial measures:
a) Enforced
restoration to original condition;
b) Enforced
dismantling of works or parts of works constructed without a construction
permit or against the construction permit;
c) Enforced
implementation of remedial measures against environmental pollution or spread
of diseases;
d) Enforced
destruction of goods or items detrimental to human, animal and plant health and
the environment, and indecent materials;
dd) Enforced return of
illegal benefits obtained from the administrative violations or enforced
transfer of amounts of money equivalent to the value of the exhibits and/or
instrumentalities of administrative violations which have been sold, hidden or
destroyed inconsistently with the law;
e) Enforced exit from
a border area or border checkpoint area;
g) Enforced
destruction of expired identity documents and entry/exit documents;
h) Enforced transport
of goods in transit, transshipped goods, goods moved to another custom post
outside the checkpoint area or temporarily imported goods at correct border
checkpoint or route;
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k) Enforced obtainment
of opinions of the Ministry of National Defense, Ministry of Public Security,
provincial People’s Committees and relevant agencies;
l) Enforced return of
shore pass or boarding pass;
m) Suspension of exit
procedures for Vietnamese vehicles and entry/exit procedures for foreign
vehicles.
4. The deportation of
foreign nationals may be a primary or additional penalty.
Article
4. Fines and power to impose fines
1. The maximum fine
for an administrative violation against regulations on national border
management and protection incurred by an individual is VND 50,000,000.
2. The fines
prescribed in Chapter II hereof are imposed for administrative violations
committed by individuals, except for the violations mentioned in Point a Clause
4, Point a Clause 5, Point a Clause 7 Article 6; Point a Clause 5 Article 7;
Point b Clause 8 Article 8; Point d Clause 2 Article 9; Article 11 hereof. The
fine incurred by an organization is twice as much as the fine incurred by an
individual for the same violation.
3. The power to impose
penalties for administrative violations specified in Chapter III of this Decree
is the power to impose penalties on violating individuals. The fine imposed
upon an organization for the same violation is twice the fine imposed upon an
individual.
Chapter
II
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Article
5. Violations against regulations on management and protection of national
border, national border markers and border line signs
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following
violations:
a) Carrying out
geological exploration, natural resource extraction or mineral mining according
to the license in a manner that damages national border line signs, national
border makers, marking poles, items used to mark border, flag poles,
sovereignty steles on islands or basepoints; waters defense works or border
works;
b) Dumping of soil,
rocks and waste in border rivers and streams.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for any one of the following
violations:
a) Damaging any
national border marker, marking pole, border line sign, border maker, item used
to mark border, flag pole, basepoint or sovereignty stele on an islands;
b) Changing water
flows of border rivers and streams or affecting national border;
c) Building permanent
works within 30m from the Vietnam - China land border or 100m from the Vietnam
- Laos and Vietnam - Cambodia land borders with Laos and Cambodia;
d) Illegally building
works on border rivers and streams.
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a) Confiscation of the
exhibit or instrumentality used for committing the administrative violations
specified in this Article.
b) Suspension of the
license to extract or explore natural resources, the mining license or the
construction permit for 06 - 12 months in the case of the violations mentioned
in Point a Clause 1 and Points c and d Clause 2 of this Article;
c) Deportation of the
foreign national who commits any of the violations mentioned in this Article.
4. Remedial measures:
The violator is compelled to restore the original condition or bear the costs
of restoring the original condition or dismantle works or parts of works
constructed without a construction permit or against the construction permit if
any of the violations in this Article is committed.
Article
6. Violations against regulation on land border area
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed:
a) on a Vietnamese
citizen who enters a land border area or the border belt without his/her ID
card or Citizen ID card; or
b) on a person who
temporarily resides, stays or travels in a land border area in contravention of
regulations; or
c) for failure to
report, declare or register temporary residence, stay or travel in a land
border area, or conceals or facilitate another person’s illegal temporary
residence, staying or travelling in a land border area.
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a) on a border citizen
who uses expired entry/exit document to cross the border; or
b) on a border citizen
who travels outside the permitted areas when permitted to travel across the
border; or
c) for providing
inaccurate information to be issued with an entry/exit document; or
d) on a foreign
national who enters a land border area (except for tourism areas, services
areas and economic zones) or the border belt without carrying any prescribed
document; or
dd) on a foreign
national who enters the border belt without reporting his/her entry to the
local border-guard post; or
e) on a resident that
grazes cattle and poultry across the border.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed:
a) on a border citizen
who allows another to use his/her entry/exit document to cross the border; or
b) for carrying out
farming or excavation within the border sightline; or
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d) for failure to
report to the local border-guard post or communal police authority the purpose,
time and list of persons, quantity of vehicles, contents and scope of
activities in the border belt; or
dd) for leaving,
entering, travelling, operating vehicles or conducting activities against
regulations within a prohibited area.
4. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed:
a) on an organization
that brings foreign nationals to a land border area without sending any person
to accompany them or notifying the provincial police authority or provincial
Border Guard of arrival; or
b) for failure to
comply with the decision to suspend activities within a land border area or the
border belt issued by a competent person; or
c) for facilitating
unlawful activities of persons or vehicles within a land border area; or
d) for travelling
outside permitted areas in a land border area, except for border residents; or
dd) for illegally
filming, photographing, measuring or drawing landscapes or recording videos
using electronic devices or radio transceivers in the prohibited area.
5. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed:
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b) on a border
resident who crosses the border for farming; or
c) on a border
resident who crosses the border without his/her entry/exit document in
accordance with law; or
d) on a border
resident who fails to cross the border at border crossing points intended for
border residents; or
dd) for using another
person’s entry/exit document to cross the border; or
e) for allowing
another person to use entry/exit document to cross the border.
6. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Carrying out slash
and burn cultivation within 1,000m from the land border;
b) Illegally
immigrating to a land border area;
c) Illegally using
explosive materials and explosives precursors within the border belt, which is
not so serious that criminal prosecution may be brought;
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a) on an organizations
that operate within the border belt without notifying the local border-guard
post of list of persons, vehicles, time, scope and contents of activities; or
b) for entering the
border belt without prescribed documents and without notifying the local
border-guard post or communal People’s Committee, except for border residents;
or
c) for illegally
catching aquatic products or using explosives, toxic substances or electric
pulses on rivers, streams or underground in a border area.
8. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for illegally transporting
corpses, bones or animal carcasses across the border.
9. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any one of the following
violations:
a) Burying corpses,
bones or animal carcasses or moving graves within the border belt;
b) Firing guns to go
hunting within 1,000m from the land border.
10. A fine ranging
from VND 40,000,000 to VND 50,000, 000 shall be imposed for any one of the
following violations:
b) Firing, launching
or releasing aircraft within the border area or across the border;
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c) Installing
equipment containing hazardous chemicals and building hazardous waste treatment
facilities within 1,000m from the land border.
11. Additional
penalties:
a) Confiscation of the
exhibit or instrumentality used for committing the administrative violation in
Point b Clause 3; Point dd Clause 4; Clause 6; Point c Clause 7; Point b Clause
9; Clause 10 of this Article;
b) Confiscation of the
entry/exit document specified in Points a and c Clause 2; Point a Clause 3;
Points dd and e Clause 5 of this Article;
c) Deportation of the
foreign national who commits any of the violations mentioned in Point b Clause
1; Point d or dd Clause 2; Point c or dd Clause 3; Point b, c or d Clause 4;
Point b Clause 6; Point b Clause 7; Clause 8; Point a Clause 9; Clause 10 of
this Article.
12. Remedial measures:
The violator is
compelled to:
c) leave the land
border area if any of the violations mentioned in Point a or b Clause 1; Point
d or dd Clause 2; Point d or dd Clause 3; Point b or d Clause 4; Point a Clause
5; Point b Clause 6; Point a or b Clause 7 of this Article is committed;
b) restore the
original condition if the violation in Point b Clause 3 of this Article is
committed; restore to the original condition or dismantle works or part of
works constructed without a construction permit if any of the violations in
Point b Clause 6; Point c Clause 10 of this Article is committed;
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d) destroy goods or
items detrimental to human, animal and plant health and the environment, and
indecent materials, bear the costs of restoring the original condition if any
of the violations mentioned in Point c Clause 7; Clause 8; Point a Clause 9;
Point c Clause 10 of this Article is committed;
dd) destroy the
document specified in Point a Clause 2 of this Article.
Article
7. Violations against regulation on land border checkpoint management
1. A warning or a fine
ranging from VND 300,000 to VND 500,000 shall be imposed for temporarily
residing, staying or travelling within a land border checkpoint area against
regulations.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for any one of the following
violations:
a) Operating a vehicle
within a land border checkpoint area without any document about the vehicle or
using a document about the vehicle inconsistently with law or with the purpose
of travelling at the land border checkpoint;
b) Operating a land
cross-border means of transport without a badge attached to it or expired
documents or with expired documents with respect to one of the documents
prescribed by the Agreement on Road Transport signed between Vietnam and
countries sharing the same border and Vietnam’s law;
c) Failure to pick up
or drop off persons, transport or handle goods in a land border checkpoint area
at designated places or entering a prohibited area.
3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for failure to be subject to or
obstruct the inspection, supervision or management by a specialized agency at
the border checkpoint.
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a) Providing services
or conducting commercial activities within a border checkpoint without a
license issued by the competent authority or inconsistently with the license;
b) Obstructing legal
activities carried out in the border checkpoint area;
c) Threatening
security and order or inciting, persuading or assisting other persons to
threaten security and order in the land border checkpoint;
d) Failure to comply
with the decision to restrict or cross-border movements through the land border
checkpoint issued by a competent person.
5. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed on:
a) an international
tour operator that lets foreign visitors use vehicles against regulations; or
b) a foreign visitor
that is allowed to use a vehicle in Vietnam but operates it outside permitted
areas or beyond permitted period.
6. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for dumping, discharging or
throwing waste, dirt, chemicals, bricks, rocks or other objects to the National
Gate or other works within the National Gate area.
7. Additional
penalties:
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b) Suspension of the
license to provide services or the license to conduct commercial activities at
land border checkpoints for 03 - 06 months in the case of the violation
specified in Point a Clause 4 of this Article;
c) Suspension of the
international tour operator license for 03 - 06 months in the case of the
violation specified in Point a Clause 5 of this Article;
d) Deportation of the
foreign national that commits any of the violations mentioned in Clause 1;
Point a or c Clause 2; Clause 4; Point c Clause 5; Clause 6 of this Article.
8. Remedial measures:
The violator is
compelled to:
a) leave the land
border checkpoint area if any of the violations mentioned in Clause 1; Point a
Clause 2; Point b Clause 5; Clause 6 of this Article is committed;
b) implement remedial
measures against environmental pollution or restore landscape of the border
checkpoint area if any of the violations in Clause 6 of this Article is
committed;
c) suspend exit
procedures for Vietnamese vehicles or entry/exit procedures for foreign
vehicles if the violation in Point b Clause 2 of this Article is committed.
Article
8. Violations against regulations on management of activities of persons and
vehicles within sea border areas
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a) on a Vietnamese
citizen who enters a sea border area or restricted area within the sea border
area without his/her ID card or Citizen ID card; or
b) for temporarily
residing, staying or travelling in a sea border area against regulations; or
c) for failure to
declare temporary residence, stay or travel in a sea border area, or conceals
or facilitate another person’s illegal temporary residence, staying or
travelling in a sea border area.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for any one of the following
violations:
d) Entry by a foreign
national into a sea border area (except for tourism areas, services areas and
economic zones) without carrying any prescribed document;
b) Leaving, entering,
travelling, operating vehicles or conducting activities against regulations
within a restricted area;
c) Failure to notify
the local Department of Labor, Invalids and Social Affairs, district-level
People's Committee, communal People’s Committee or border-guard post in writing
of the foreign national’s full name, age, nationality, number of passport,
starting and ending date of work, contents of work and workplace, and name and
address of the organization for which the foreign national is working within 24
hours from the time such foreign national is employed to work in an economic
zone that is within the sea border area or has part of its boundary lying
within the sea border area;
d) Illegally filming,
photographing, measuring or drawing landscapes or recording videos using
electronic devices or radio transceivers in the prohibited area within the sea
border area.
3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed on a person operating a
waterway vehicle within a sea border area for any one of the following
violations:
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b) Failure to carry
the following documents (their originals or notarized/certified copies):
certificate of vessel registration; certificate of fishing vessel registration;
certificate of technical and environmental safety inspection for vessels; crew
list or seaman’s book (in the case of a fishing vessel) or crew certificate;
crew insurance certificate; radio frequency and transmitter use license;
documents concerning goods on board the vessel; voyage logbook.0}
4. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to use waterway
vehicles within a sea border area for intended purpose.
5. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for failure to be subject to
vehicle inspection and supervision by a competent authority in the cases
prescribed by law; or failure to comply with decisions according to
administrative procedures.
6. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed:
a) for using road
vehicle within the sea border area (except for tourism areas, service areas and
economic zones) for transport, business, construction, mineral mining, natural
resources extraction or environmental activities for at least 10 days without
notifying the local Border Guard in writing of number of persons, vehicles,
license plates, time, scope and contents of travelling; or
b) for operating
waterway vehicles within the sea border area without an appropriate certificate
of competency issued by the competent authority; or
c) on a master or
chief engineer operating waterway vehicles within the sea border area without
any diploma or certificate as prescribed.
7. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for operating aerial vehicles
when carrying out civil aviation activities, economic activities, commercial
activities, tourism activities, survey, exploration and mining of minerals,
extraction of natural resources or environmental activities within the sea
border area against regulations on Vietnam’s aviation and on management and
protection of national airspace.
8. A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for any one of the following
violations:
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b) Using explosive
materials without a plan approved by the competent authority or with a plan but
failing to notify the provincial People’s Committee and provincial Border Guard
as prescribed;
c) Exploring and
catching aquatic product, conducting scientific research or extracting natural
resources licensed by ministries but failing to notifying the provincial
People’s Committee and provincial Border Guard;
d) Exploiting or
salvaging property, objects and antiques within the internal waters or
territorial waters without permission of a competent authority.
9. A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to notify the
competent authority of location, size, shape and depth of offshore equipment
and facilities or failure to install aids to navigation and danger warning
signs appropriate to offshore equipment or facilities within the internal
waters or territorial waters.
10. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed:
a) for failure to
dismantle the expired offshore equipment or facility; or
b) on a foreign vessel
entering Vietnam’s internal waters without obtaining permission of a Vietnam's
competent authority.
11. A fine ranging
from VND 40,000,000 to VND 50,000,000 shall be imposed for any one of the
following violations:
a) Using radio
transmitters in the restricted or prohibited area within the sea border area;
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c) Using waterway
vehicles to perform side-by-side mooring to foreign vessels without permission
of a competent authority within the internal waters or territorial waters.
12. Additional
penalties:
a) Confiscation of the
exhibit or instrumentality used for committing the administrative violation in
Point d Clause 2; Point d Clause 8; Point a or b Clause 11 of this Article;
b) Suspension of the
driver’s license or the certificate of competency for 03 - 06 months in the
case of the violations mentioned in Point b Clause 2; Point a Clause 3; Clause
4 of this Article;
c) Suspension of the
transport license, the business license, the construction permit, the license
to extract or explore natural resources, the mining license or the fishing
license for 06 - 12 months in the case of the violations mentioned in Point a
Clause 6; Point c Clause 8 of this Article;
d) Deportation of the
foreign national that commits any of the violations mentioned in Point b Clause
1; Point a or d Clause 2; Clause 7; Point b Clause 10; Clause 11 of this
Article.
13. Remedial measures:
The violator is
compelled to:
c) leave the sea
border area if any of the violations mentioned in Point a or b Clause 1; Point
a or b Clause 2; Clause 5; Point a Clause 6; Point b Clause 10; Point a or b
Clause 11 of this Article is committed;
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Article
9. Violations against regulations on assurance of security and order at port
checkpoints
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed on:
a) a foreign seaman
who goes ashore without producing his/her shore pass or license issued to
foreign seamen staying overnight on shore; or who fails to go ashore within the
time limit specified in the shore pass; or
b) a Vietnamese or
foreign national who boards a foreign ship or foreign national who boards a
Vietnamese ship without producing the license issued by the port border guard
for boarding or fails to comply with the regulations set out in the license.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed:
a) on a foreign seaman
who goes ashore without his/her shore pass or outside the permitted area
specified in the shore pass; or
b) a Vietnamese or
foreign national that boards a foreign ship or foreign national who boards a
Vietnamese ship without the boarding pass; for operating a vehicle to perform
side-by-side mooring to a foreign ship without the license issued by the port
border guard; or
c) for allowing
another person to use the shore pass or boarding pass; using another person's
shore pass or boarding pass; or
d) on an organization
or enterprise that receives foreign nationals to the port checkpoint area
without notifying the port border guard as prescribed.
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a) for failure to be
subject to or obstruct the inspection or supervision by a specialized agency at
the port checkpoint; or
b) on a person on
board the ship or inland waterway vehicle who is not included in the crew list
or list of passengers who have declared and registered their entry into/exit
from the port checkpoint; or
c) for breaking the
seals of border guard documents when the ship is in transit or transshipped; or
d) on a seaman or
foreign passenger that returns to a ship after completing the entry procedures
and leaves the ship or returns inland from a foreign ship when completing the
exit procedures without notifying the port border guard.
4. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed:
a) for threatening
security and order or inciting, persuading or assisting other persons to
threaten security and order in the port checkpoint area; or
b) a seaman or
passenger who deliberately leaves a ship when the entry procedures have yet to
be completed or the exit procedures have been completed; or
c) on a foreign
passenger in transit who fails to follow the entry procedures when leaving the transit
area at the port checkpoint; or
d) for operating
vessels, inland waterway ships or motor vehicles without the license within the
port checkpoint area in the field that has to be licensed; or
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e) on a vehicle owner,
master or authorized person who fails to register the inbound or outbound
inland waterway vehicle with the port border guard within the prescribed time
limit.
5. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed:
a) for failure to
comply with the decision to carry out border guard inspection or supervision of
persons and vessels that enter, leave, transit or transship, Vietnamese vessels
operating on inland routes, inland waterway vehicles and other Vietnamese and
foreign vehicles that leave, enter and operate in the port checkpoint in the
cases prescribed by law; or
b) for illegally
loading and unloading goods onto vessels and inland waterway vessels and from
vessels and waterway vehicles within the port checkpoint area; or
c) for breaking the
seals of weapons, explosive materials and goods when the vessel is in transit
or transshipped; or
d) for changing any
seaman or passenger after completing the electronic border guard procedures for
vessels but failing to declare the revisions to electronic border guard
documents; or
dd) on a declarant
that insufficiently or inaccurately declares the information prescribed by law
on electronic border guard procedures after the deadline for revising the
electronic border guard documents; or
e) for failure to
declare information about weapons, explosive materials and stowaways (if any)
as prescribed; or
g) on a declarant that
fails to request the port border guard to cancel the electronic border guard
documents as prescribed with respect to the vessels that have completed the
electronic border guard procedures but changes the port checkpoint entry or
exit plan.
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a) a vehicle owner,
master or authorized person who fails to register the inbound or outbound
inland waterway vehicle with the port border guard in accordance with
regulations; or
b) a master or
authorized person on board a vessel who fails to take necessary preventive
measures and notify the port border guard or specialized agencies when
discovering any stowaway; or
c) a master or
authorized person who lets any seaman or passenger or unauthorized persons
disembark from the vessel before completing the entry procedures or after
having completed the exit procedures; or
d) a vehicle owner or
master who let the watercraft anchor within the port waters for more than 24
hours without obtaining permission of the competent authority after the exit
procedures have been completed.
7. Additional
penalties:
a) Confiscation of the
exhibit or instrumentality used for committing the administrative violation in
Point b Clause 5 of this Article;
b) Deportation of the
foreign national that commits any of the violations mentioned in Point a Clause
3; Point a Clause 4 of this Article.
8. Remedial measures:
The violator is
compelled to:
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b) return the shore
pass or boarding pass if the violation in Point c Clause 2 of this Article is
committed.
Article
10. Violations against regulations on management and protection of border
works, and signs in border areas, land border checkpoint and port checkpoint
areas
1. A warning or fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for drawing on,
adding more words to or erasing words on the signs “khu vực biên giới” (“border
area”), “vành Đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”),
“khu vực cửa khẩu” (“checkpoint area”), “khu vực biên giới biển” (“sea border
area”) and signs showing a border area, land border checkpoint, port checkpoint
or border work.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for damaging the signs “khu vực
biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm”
(“prohibited area”), “khu vực biên giới biển” (“sea border area”), “khu vực cửa
khẩu” (“checkpoint area”) and other signs erected within the border area or
border checkpoint area.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for moving the signs “khu vực
biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm”
(“prohibited area”), “khu vực biên giới biển” (“sea border area”), “khu vực cửa
khẩu” (“checkpoint area”) and other signs erected within the border area or
border checkpoint area.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for erecting the signs “khu vực
biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm”
(“prohibited area”), “khu vực biên giới biển” (“sea border area”) or “khu vực cửa
khẩu” (“checkpoint area”) within the border area or border checkpoint area.
5. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for illegally constructing or
installing works or equipment or threatening safety of border works.
6. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for destroying, dismantling
or damaging structures or equipment of border works, which is not so serious
that criminal prosecution may be brought.
7. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for forging the signs “khu vực
biên giới” (“border area”), “vành đai biên giới” (“border belt”), “khu vực biên
giới biển” (“sea border area”) or “khu vực cửa khẩu” (“checkpoint area”) within
the border area or border checkpoint area.
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a) Confiscation of the
exhibit or instrumentality used for committing the administrative violation in
Clause 3, 4, 5, 6 or 7 of this Article;
d) Deportation of the
foreign national that commits any of the violations mentioned in Clause 3, 4,
5, 6 or 7 of this Article.
9. Remedial measures:
The violator is compelled to restore the original condition or bear the costs
of restoring the original condition if any of the violations mentioned in
Clause 1, 2, 3, 4, 5 or 6 of this Article is committed.
Article
11. Violations against regulations on construction of projects and works within
border areas and border checkpoint areas
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to notify
the communal People’s Committee or local border-guard post in writing 03
working days in advance of the list of persons, vehicles, time, scope and
contents of activities when carrying out survey, design, construction and
execution of projects and works within the border area or border checkpoint
area;
b) Executing a
licensed project or work within the border area or border checkpoint area but
the investor fails to notifying the Border Guard, provincial police authority
or district- or communal-level People’s Committee in writing 03 working days in
advance.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for building a project or
work involving foreign elements within the border area or border checkpoint
area but the investor fails to notify the district- or communal-level People's
Committee or local border-guard post.
3. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
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b) Failure to seek
opinions of the Ministry of National Defense, the Ministry of Public Security,
the provincial People's Committee and relevant agencies upon formulating a
planning or a planning project or adjusting the planning or the planning
project involving foreign elements within the border area or border checkpoint
area.
4. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for the act in Point b Clause
1 or Clause 2 of this Article which fails to be performed at a designated
position, affects national border line or damages any national border marker,
flag pole, sovereignty stele, marking pole, basepoint, border line sign, item
used to mark border, defense work or border work.
5. Additional
penalties:
a) Confiscation of the
exhibit or instrumentality used for committing the administrative violation
specified in Clause 4 of this Article;
b) Suspension of the
construction permit for 06 - 12 months in the case of the violation specified
in Point b Clause 3 or Clause 4 of this Article;
c) Deportation of the
foreign national that commits any of the violations mentioned in Point a Clause
3 or Clause 4 of this Article.
6. Remedial measures:
The violator is
compelled to:
a) dismantle the work
or part of work constructed without the construction permit or against the
construction permit if the violation in Clause 4 of this Article is committed;
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c) bear the costs of
restoring the original condition of the national border marker, flag pole,
sovereignty stele, marking pole, basepoint, border line sign, item used to mark
border, border work, waters, marine environment or island defense work if the
violation in Clause 4 of this Article is committed.
Article
12. Violations on illegal cross-border transport of goods and currency outside
checkpoint areas which is not so serious that criminal prosecution may be
brought.
1. A fine ranging from
VND 1,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less
than VND 10,000,000.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Committing the
violation whose exhibit is worth from VND 10,000,000 to less than VND
50,000,000;
b) Illegal
cross-border transport of cultural materials.
3. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000.
4. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth at
least VND 100,000,000.
5. Additional
penalties: Confiscation of the exhibit in the case of the violations mentioned
in this Article, except for the case where the remedial measure set out in
Clause 6 of this Article has been taken.
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Article
13. Violations against regulations on storage, trading in, transport and
exchange of goods in border areas
1. Fines for storing,
trading, transporting or exchanging goods within a border area without
producing any document or adequate documents proving legitimacy of such goods
at the time of inspection are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 if the exhibit is worth less than VND 5,000,000;
b) A fine ranging from
VND 3,000,000 to VND 5,000,000 if the exhibit is worth from VND 5,000,000 to
less than VND 10,000,000;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 if the exhibit is worth from VND 10,000,000 to
less than VND 20,000,000;
d) A fine ranging from
VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 20,000,000 to
less than VND 50,000,000;
dd) A fine ranging
from VND 15,000,000 to VND 20,000,000 if the exhibit is worth from VND
50,000,000 to less than VND 70,000,000;
e) A fine ranging from
VND 20,000,000 to VND 25,000,000 if the exhibit is worth from VND 70,000,000 to
less than VND 100,000,000;
g) A fine ranging from
VND 25,000,000 to VND 30,000,000 if the exhibit is worth at least VND
100,000,000;
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2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations committed outside of the customs area:
a) Failure to
transport goods in transit, transshipped goods, goods moved to another custom
post outside the checkpoint area or temporarily imported goods on the designate
route, at the designated place or checkpoint or within the prescribed time
limit or those goods specified in the goods document that are yet to be
approved by a competent authority as prescribed by law.
b) Intentionally
breaking seals of goods;
c) Failure to maintain
status quo of goods under supervision or goods being stored as prescribed by
law awaiting the completion of the import/export procedures;
d) Failure to store
goods at the designated place.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for intentionally using goods
under supervision as prescribed by law.
4. Additional
penalties:
a) Confiscation of the
exhibit specified in Clause 1 of this Article, except for the case where the
goods has had its legal origin determined.
b) Confiscation of the
exhibit of the violation specified in Clause 3 of this Article with respect to
goods on the list of goods banned from export or import; goods suspended from
export or import or goods ineligible for export or import or goods that have to
obtain the license but fail to have the license upon export or import.
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The violator is
compelled to:
a) destroy goods or
items detrimental to human, animal and plant health and the environment, and
indecent materials if any of the violations mentioned in this Article is
committed.
b) transport goods in
transit, transshipped goods, goods moved to another custom post outside the
checkpoint area or temporarily imported goods at correct border checkpoint or
route if the violation in Point a Clause 2 of this Article is committed;
c) pay an amount of
money equal to the value of the exhibit which no longer exists if the violation
in Clause 3 of this Article is committed.
Article
14. Administrative violations against regulations on fisheries committed within
sea border areas, administrative violations against regulations on forestry,
environmental protection and construction committed within border areas and
checkpoint areas
1. Penalties for
violations against regulations on areas banned from commercial fishing;
eligibility requirements for aquaculture; import and export of live aquatic
animals, import, temporary import, re-export and transit of fishery products
from illegal fishing; violations against regulations on commercial fishing;
fishing vessels, fishing ports and sheltered anchorages for fishing vessels are
specified in the Government’s Decree No. 42/2019/ND-CP dated May 16, 2019.
2. Penalties for
crossing the border to unlawfully harvest and destroy harvests, violations
against regulations on forest animals; regulations on cross-border transport,
storage, trading in and processing of forest products originating from outside
of Vietnam's border against the law within the border area are specified in the
Government’s Decree No. 35/2019/ND-CP dated April 25, 2019.
3. Penalties for
illegal cross-border trading, exchange, transport or storage of substances
harmful to human, animal and plant health, environment, social order and safety
within the border area; causing insanitation or environmental pollution,
thereby adversely affecting landscape of the border area are specified in
Articles 19, 20 and 22 of the Government’s Decree No. 155/2016/ND-CP dated
November 18, 2016.
4. The Border Guard
shall impose penalties for violations against regulations on construction
survey, formulation of the construction planning and adjustment to the
construction planning; construction of works and construction order committed
within border areas and border checkpoint areas as prescribed in Articles 8, 9,
10, 14, 15, 16 and 26 of the Government's Decree No. 139/2017/ND-CP dated
November 27, 2017.
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Chapter
III
POWER TO
IMPOSE ADMINISTRATIVE VIOLATIONS
Article
15. Power delegated to People’s Committees of bordering communes, districts and
provinces
1. Presidents of
communal People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 5,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, b, c and d Clause 3 Article 3 hereof.
2. Presidents of
district-level People’s Committees are entitled to:
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b) impose a maximum
fine of VND 25,000,000;
c) suspend licenses
and practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
dd) enforce the
remedial measures mentioned in Points a, b, c, d, e, g, h, i and l Clause 3
Article 3 hereof.
3. Presidents of
provincial People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 50,000,000;
c) suspend licenses
and practicing certificates, or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
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Article
16. Power delegated to the Border Guard
1. The Border Guard
officers on duty are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 500,000;
2. Senior officers of
the persons mentioned in Clause 1 of this Article and heads of border control
stations are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 2,500,000;
3. Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to:
a) issue warnings;
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c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, b, c, d, e, g, h, i, l and m Clause 3
Article 3 hereof.
4. Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 50,000,000;
c) suspend licenses
and practicing certificates or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the
remedial measures mentioned in Clause 3 Article 3 hereof.
Article
17. Power delegated to People's Public Security Force
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1. People’s police
officers on duty are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 500,000;
2. Senior officers of
the persons mentioned in Clause 1 of this Article are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 1,500,000;
3. Chiefs of the
communal police, commanders of police stations and heads of police stations at
border checkpoints and export-processing zones are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 2,500,000;
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d) enforce the
remedial measures mentioned in Points a, c and d Clause 3 Article 3 hereof.
4. Chiefs of the
district-level Police, chiefs of Traffic Police Divisions, chiefs of Social
Order-related Crime Investigation Divisions; chiefs of Police Divisions for
Environmental Crime Prevention and Control; chiefs of Traffic Police Divisions
or Road and Rail Traffic Police Divisions; chiefs of Road Traffic Police
Divisions; chiefs of Internal Waterways Police Divisions affiliated to the
Police of bordering provinces are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 10,000,000;
c) suspend licenses
and practicing certificates or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
dd) enforce the
remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3
hereof.
5. Director of the
provincial Police is entitled to:
a) issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) suspend licenses
and practicing certificates or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
dd) enforce the
deportation;
e) enforce the
remedial measures mentioned in Points a, c, d, e, g, h, i and l Clause 3
Article 3 hereof.
Article
18. Power delegated to the Coast Guard
The Coast Guard is
entitled to impose penalties for the violations mentioned in this Decree in the
fields and areas under its management as follows:
1. Coast guard
officers on duty are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 1,000,000.
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a) issue warnings;
b) impose a maximum
fine of VND 2,500,000.
3. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 5,000,000;
c) enforce the
remedial measures mentioned in Points a, c and d Clause 3 Article 3 hereof.
4. Commanders of
coastguard platoons are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 10,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) enforce the
remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3
hereof.
5. Commanders in chief
of coastguard squadrons are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 15,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3
hereof.
6. Commanders of
regional coastguard command centers are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) enforce the
remedial measures mentioned in Points a, c, d, e, g, h, i and l Clause 3
Article 3 hereof.
7. Commander of
Vietnam Coast Guard is entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 50,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) suspend licenses
and practicing certificates or suspend the operation;
dd) enforce the
remedial measures mentioned in Clause 3 Article 3 hereof.
Article
19. Power delegated to market surveillance authorities
Market surveillance
authorities are entitled to impose penalties for the violations mentioned in
this Decree in the fields and areas under its management as follows:
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a) issue warnings;
b) impose a maximum
fine of VND 500,000.
2. Leaders of
district-level market surveillance teams affiliated to Provincial Market
Surveillance Departments are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.
3. Director of Market
Surveillance Operations Department affiliated to Vietnam Directorate of Market
Surveillance, and Provincial Market Surveillance Departments are entitled to:
a) issue warnings;
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d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) suspend licenses
and practicing certificates or suspend the operation;
dd) enforce the
remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.
Article
20. Power delegated to the customs
The customs is
entitled to impose penalties for the violations mentioned in this Decree in the
fields and areas under its management as follows:
1. Customs officials
on duty are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 500,000.
2. Team leaders of
Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are
entitled to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) impose a maximum
fine of VND 5,000,000.
3. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, leaders
of customs enforcement teams affiliated to provincial, inter-provincial or city
Customs Departments, smuggling prevention team leaders, customs procedures team
leaders, leaders of customs control teams at sea and leaders of intellectual
property right protection teams of the Smuggling Investigation and Prevention
Department of the General Department of Customs are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.
4. Director of
Smuggling Investigation Department, Director of Post-clearance Inspection
Department affiliated to the General Department of Customs, Directors of
provincial, inter-provincial or city Customs Departments are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 50,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) suspend licenses
and practicing certificates or suspend the operation;
d) enforce the
remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.
5. Director General of
General Department of Customs is entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 50,000,000;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) suspend licenses
and practicing certificates or suspend the operation;
d) enforce the
remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.
Article
21. Power delegated to the seaport authorities
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Chief
representatives of seaport authorities are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 10,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
2. Directors of
seaport authorities are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
c) suspend licenses
and practicing certificates or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
22. Power delegated to inland waterways port authorities
Inland waterways port
authorities are entitled to impose penalties for the violations mentioned in
this Decree in the fields and areas under their management as follows:
1. Chief
representatives of inland waterways port authorities are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 10,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause.
2. Directors of inland
waterways port authorities affiliated to the Vietnam Inland Waterway
Administration are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
dd) enforce the
remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i and l Clause 3
Article 3 hereof.
Article
23. Power delegated to the fisheries surveillance force
The fisheries
surveillance force is entitled to impose penalties for the violations mentioned
in this Decree in the fields and areas under its management as follows:
1. Fisheries
surveillance officials on duty are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 500,000.
2. Heads of fisheries
surveillance stations affiliated to regional sub-departments of fisheries
resources surveillance are entitled to:
a) issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3
hereof.
3. Directors of
regional sub-departments of fisheries surveillance are entitled to:
a) issue warnings;
b) impose a maximum
fine of VND 25,000,000;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point b of this
Clause;
d) enforce the
remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3
hereof.
4. Director of
Department of Fisheries Surveillance is entitled to:
a) issue warnings;
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c) suspend licenses
and practicing certificates or suspend the operation;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the
remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3
hereof.
Article
24. Delegation of power to impose penalties
1. Power delegated to
Presidents of People’s Committees at all levels:
a) Presidents of
communal People’s Committees shall impose penalties for the administrative
violations specified in Point c Clause 1; Points b and c Clause 2; Point b
Clause 3; Points b, c, d, dd and e Clause 5 Article 6; Clause 3 Article 7;
Point c Clause 1, Point c Clause 2, Point b Clause 3 Article 8; Clause 1;
Points a and b Clause 2; Points c and d Clause 3; Points b, c, dd and e Clause
4 Article 9; Clauses 1 and 2 Article 10; Clause 1 Article 12; Points a and b
Clause 1 Article 13; Article 14 hereof;
b) Presidents of
district-level People’s Committees shall impose penalties for the
administrative violations specified in Clauses 1 through 7 Article 6; Article
7; Clauses 1 through 8 Article 8; Article 9; Clauses 1 through 5 Article 10;
Clauses 1 and 2 Article 11; Clauses 1 and 2 Article 12; Points a, b, c, d, dd
and e Clause 1 Article 13; Article 14 hereof;
c) Presidents of
provincial People’s Committees shall impose penalties for the administrative
violations specified in Articles 5 through 14 hereof.
2. Power delegated to
the Border Guard:
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b) Senior officers of
the Border Guard officers shall impose penalties for the administrative
violations specified in Point c Clause 1, Point b Clause 2 Article 6; Point c
Clause 1, Point c Clause 2 Article 8; Clause 1; Points a and b Clause 2 Article
9; Article 14 hereof;
c) Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints shall impose penalties for the administrative
violations specified in Clauses 1 through 6 Article 6; Clause 1; Points b and c
Clause 2; Clause 3; Points b, c and d Clause 4; Point b Clause 5 Article 7;
Clause 1; Points a, c and d Clause 2; Point b Clause 3; Clause 5; Points b and
c Clause 6 Article 8; Clauses 1 through 5 Article 9; Clauses 1 through 4
Article 10; Clauses 1 Article 11; Clauses 1 and 2 Article 12; Points a, b and c
Clause 1 Article 13; Article 14 hereof;
d) Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command shall impose penalties for the administrative
violations specified in Articles 5 through 14 hereof.
3. Power delegated to
the People's Public Security:
a) People’s police
officers shall impose penalties for the administrative violations specified in
Point c Clause 1 Article 6; Point c Clause 1 Article 8 hereof;
b) Senior officers of
the People’s police officers shall impose penalties for the administrative
violations specified in Point c Clause 1 Article 6; Point c Clause 1 Article 8;
Clause 1 Article 9 hereof;
c) Chiefs of the
communal police, commanders of police stations and heads of police stations at
border checkpoints and export-processing zones shall impose penalties for the
administrative violations specified in Point c Clause 1; Points b and c Clause
2 Article 6; Point c Clause 1, Point c Clause 2 Article 8; Clause 1; Points a
and b Clause 2 Article 9; Clauses 1 and 2 Article 10 hereof;
d) Chiefs of the
district-level Police, chiefs of Traffic Police Divisions, chiefs of Social
Order-related Crime Investigation Divisions; chiefs of Police Divisions for Environmental
Crime Prevention and Control; chiefs of Traffic Police Divisions or Road and
Rail Traffic Police Divisions; chiefs of Road Traffic Police Divisions; chiefs
of Internal Waterways Police Divisions affiliated to the Police of bordering
provinces shall impose penalties for the administrative violations specified in
Clauses 1 through 6 Article 6; Clauses 1 through 5 Article 7; Clauses 1 through
6 Article 8; Clause 1; Points a, b and c Clause 2; Points a and b Clause 3;
Point a Clause 4; Points a and b Clause 5 Article 9; Clauses 1 through 4
Article 10; Clause 1 Article 11; Clauses 1 and 2 Article 12; Points a, b and c
Clause 1 Article 13 and Article 14 hereof;
dd) Directors of the
Police of bordering provinces shall impose penalties for the administrative
violations specified in Clauses 1 through 6, Point c Clause 7 Article 6;
Article 7; Clause 1; Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause
7; Points b, c and d Clause 8 Article 8; Clause 1; Points a, b and c Clause 2;
Points a and b Clause 3; Point a Clause 4; Points a and b Clause 5; Point d
Clause 6 Article 9; Clauses 1 through 5 Article 10; Clauses 1 and 2 Article 11;
Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e Clause 1 Article 13 and
Article 14 hereof.
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a) Coast guard
officers shall impose penalties for the administrative violations specified in
Clause 1 Article 9 hereof;
b) Coastguard team
leaders shall impose penalties for the administrative violations specified in
Clause 1 Article 9 hereof;
b) Coastguard squad
leaders and captains of coastguard stations shall impose penalties for the
administrative violations specified in Point b Clause Article 8; Clause 1
Article 9 hereof;
d) Commanders of
coastguard platoons shall impose penalties for the administrative violations
specified in Point d Clause 2; Point b Clause 3; Clause 5; Points b and c
Clause 6 Article 8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points
a, b and c Clause 5 Article 9; Clause 1 Article 12; Clauses 1 and 3 Article 14
hereof;
dd) Commanders in
chief of coastguard squadrons shall impose penalties for the administrative
violations specified in Point d Clause 2; Point b Clause 3; Clause 5; Points b
and c Clause 6; Clause 7 Article 8; Clause 1; Points a and b Clause 3; Point d
Clause 4; Points a, b and c Clause 5 Article 9; Clauses 1 and 2 Article 12;
Points a, b, c and d Clause 1 Article 13 and Clauses 1 and 3 Article 14 hereof;
dd) Commanders of
regional coastguard command centers shall impose penalties for the
administrative violations specified in Point d Clause 2; Point b Clause 3;
Clause 5; Points b and c Clause 6; Clause 7; Points a, b and d Clause 8 Article
8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points a, b and c
Clause 5 Article 9; Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e
Clause 1; Clause 2 Article 13; Clauses 1 and 3 Article 14 hereof;
g) Commander of
Vietnam Coast Guard shall impose penalties for the administrative violations
specified in Point a Clause 1, Point a Clause 2 Article 5; Points b and d
Clause 2; Clause 3; Clause 4; Clause 5; Points b and c Clause 6; Clause 7;
Clause 8; Clause 10; Clause 11 Article 8; Clause 1; Points a and b Clause 3;
Point d Clause 4; Points a, b and c Clause 5 Article 9; Article 12; Article 13;
Clauses 1 and 3 Article 14 hereof.
5. Power delegated to
the customs:
a) Team leaders of
Sub-departments of Customs and Sub-departments of Post-Clearance Inspection
shall impose penalties for the administrative violations specified in Clause 3
Article 7 hereof;
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c) Director of
Smuggling Investigation Department, Director of Post-clearance Inspection
Department affiliated to the General Department of Customs, Directors of
provincial, inter-provincial or city Customs Departments shall impose penalties
for the administrative violations specified in Clause 2; Clause 3; Points a, b,
c and d Clause 4; Clause 5 Article 7; Points a and c Clause 3; Point d Clause
4; Points b and c Clause 5 Article 9; Clauses 1 and 3 Article 13 hereof;
d) Director General of
General Department of Customs shall impose penalties for the administrative
violations specified in Clause 2; Clause 3; Points a, b, c and d Clause 4;
Clause 5 Article 7; Points a and c Clause 3; Point d Clause 4; Points b and c
Clause 5 Article 9; Clauses 1 and 3 Article 13 hereof.
6. Power delegated to
market surveillance authorities:
a) Leaders of
district-level market surveillance teams affiliated to Provincial Market
Surveillance Departments shall impose penalties for the administrative
violations specified in Point c Clause 2, Clause 3 Article 7; Clause 5 Article
8; Point b Clause 5 Article 9; Clauses 1 and 2 Article 12; Points a, b, c, d,
dd and e Clause 1, Clause 2 Article 13 hereof;
b) Director of Market
Surveillance Operations Department affiliated to Vietnam Directorate of Market
Surveillance, and Provincial Market Surveillance Departments shall impose
penalties for the administrative violations specified in Point c Clause 2,
Clause 3, Point a Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8;
Point b Clause 5 Article 9; Article 12; Article 13 hereof;
c) Director General of
the Vietnam Directorate of Market Surveillance shall impose penalties for the
administrative violations specified in Point c Clause 2, Clause 3, Point a
Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8; Point b Clause 5
Article 9; Article 12; Article 13 hereof.
7. Power delegated to
seaport authorities:
a) Chief
representatives of seaport authorities shall impose penalties for the
administrative violations specified in Point b Clause 3; Points b and c Clause
6; Points a and d Clause 8 Article 8; Clause 1; Points a and b Clause 2; Points
c and d Clause 3; Points b, c, dd and e Clause 4; Point b, d and dd Clause 5
Article 9 hereof;
b) Directors of
seaport authorities shall impose penalties for the administrative violations
specified in Clause 3; Clause 4; Clause 5; Points b and Point c Clause 6;
Points a and d Clause 8 Article 8; Clauses 1 through 6 Article 9 hereof.
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a) Chief
representatives of inland waterways port authorities shall impose penalties for
the administrative violations specified in Point b Clause 3; Points b and c
Clause 6; Points a and d Clause 8 Article 8; Clause 1; Points a and b Clause 2;
Points c and d Clause 3; Points b, c, dd and e Clause 4; Point b, d and dd
Clause 5 Article 9 hereof;
b) Directors of inland
waterways port authorities affiliated to the Vietnam Inland Waterway
Administration shall impose penalties for the administrative violations
specified in Clause 3; Clause 4; Clause 5; Points b and Point c Clause 6;
Points a and d Clause 8 Article 8; Clauses 1 through 6 Article 9 hereof.
9. Power delegated to
the fisheries surveillance force:
a) Heads of fisheries
surveillance stations affiliated to regional sub-departments of fisheries
resources surveillance shall impose penalties for the administrative violations
specified in Point b Clause 3; Clause 5; Points b and c Clause 6 Article 8;
Point b Clause 3 Article 9; Clause 1 Article 14 hereof;
b) Directors of
regional sub-departments of fisheries surveillance shall impose penalties for
the administrative violations specified in Point b Clause 3; Clause 5; Points b
and c Clause 6; Clause 9 Article 8; Point b Clause 3 Article 9; Clause 1
Article 14 hereof;
c) Director of
Department of Fisheries Surveillance shall impose penalties for the
administrative violations specified in Point b Clause 2; Clause 3; Clause 4;
Clause 5; Points b and c Article 6; Point c Clause 8; Clause 9 Article 8; Point
b Clause 3 Article 9; Clause 1 Article 14 hereof.
Article
25. The power to record administrative violations
1. In performance of
their duty, the persons specified in Articles 15 through 23 have the power to
record administrative violations against regulations on national border
management and protection.
2. The officials and
soldiers in the authorities specified in Articles 15 through 23 who are
performing their duty under the legislative document or administrative document
promulgated by a competent person or authority have the power to record
administrative violations against regulations on national border management and
protection.
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4. Any person that has
the power to record administrative violations against regulations on national
border management and protection but does not have the power to impose
penalties as specified in Clauses 1, 2 and 3 of this Article are only entitled
to record the violations within the extent of their duty and responsible for
the records. If a case includes a violation falling within the power to impose
penalties of the person competent to make records and another falling beyond
his/her power to impose penalties, he/she shall still record all administrative
violations detected and transfer the record of the violation beyond his/her
power to impose penalties to the person competent to impose penalties as
prescribed in Clause 3 Article 58 of the Law on Penalties for Administrative
Violations.
Chapter IV
IMPLEMENTATION
CLAUSE
Article 26. Effect
This Decree comes into
force from October 10, 2020 and replaces the Government’s Decree No. 169/2013/ND-CP
dated November 12, 2013.
Article
27. Grandfather clauses
1. If any
administrative violation against regulations on national border management and
protection occurs prior to the effective date of this Decree, is detected after
the effective date of this Decree or action against such violation is
considered, regulations that are advantageous to violating entities shall
apply.
2. If the decision to
impose penalties for administrative violations has been issued or completely
executed prior to the entry into force of this Decree, and the entity or person
enforced to comply with such decision files an appeal, the regulations
enshrined in the Government’s Decree No. 169/2013/ND-CP dated November 12, 2013
shall apply.
Article
28. Responsibility for implementation
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2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities are responsible for the
implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc