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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No:
52/2012/ND-CP
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Ha
Noi, June 14, 2012
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DECREE
REGULATIONS ON SANCTION OF ADMINISTRATIVE VIOLATION IN THE
AREA OF FIRE PREVENTION AND FIGHTING
Based on the Law on
Government organization dated December 25, 2001;
Based on the Law on fire
prevention and fighting dated June 29, 2001;
Pursuant to the Ordinance on
Handling of Administrative Violations dated July 2, 2002 Ordinance amending and
supplementing a number of articles of the Ordinance on Handling of
Administrative Violations dated April 2, 2008;
At the proposal of the
Minister of Public Security;
The Government issues the
Decree stipulating the sanction of administrative violations in the area of
fire prevention and fighting.
Chapter 1.
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Article 1.
Scope of regulation
1. This Decree stipulates the
acts of administrative violation, sanctioning principle, forms of sanction,
fines, remedial measures, the sanctioning competence, order, procedures for
sanction, complaints, denunciation and settlement of complaint and denunciation
about the sanctioning of administrative violations in the area of fire
prevention and fighting.
2. The acts of administrative
violations in the area of fire prevention and fire fighting or in relation with
the area of fire prevention and fighting not regulated in this Decree but
having been regulated in other decrees of the Government on handling of
administrative violations shall be sanctioned for administrative violations as
regulated in those decrees.
Article 2.
Subject of application
Individuals and organizations
committing administrative violations in the area of fire prevention and
fighting in the territory of the Socialist Republic of Vietnam shall be
sanctioned under the provisions of this Decree and other provisions of the
relevant law on sanction of administrative violations.
Article 3.
Principle of sanction of administrative violations
The principle of sanction of
administrative violations in the area of fire prevention and fighting shall
comply with the provisions in the Article 3 of the Ordinance on Handling of
Administrative Violations
Article 4.
Form of sanction of administrative violations
1. For each administrative
violation in the area of fire prevention and fighting prescribed in this
Decree, the individuals, organizations violating shall be subject to one of the
following forms of sanction:
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b) Fine.
2. Depending on the nature and
seriousness of violations, the individuals and organizations with
administrative violations in the area of fire prevention and fire fighting can
be subject to one or more additional forms of sanction as follows:
a) Being deprived of the license
use right and practice certificate;
b) Being confiscated the exhibit
and means used for administrative violations.
3. In addition to the forms of
sanctions, the additional sanctions specified in clause 1 and clause 2 of this
Article, the individuals and organizations committing administrative violations
in the area of fire prevention and fighting can be subject to one or many
remedial measures as follows:
a) Coersively performing the
remedial measures of the environmental pollution due to administrative
violations.
b) Coercively restoring the
initial state altered due to administrative violations or coercively
dismantling the work items or the unauthorized building works;
c) Coercively remedying unsafe
conditions due to administrative violations;
d) Coercively reducing the
quantity and amount of the dangerous substances and goods at risk of fire and
explosion under the prescribed rate;
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e) Other remedial measures are
regulated in Chapter II of this Decree.
4. Those who commit acts of
administrative violations in the area of fire prevention and fighting and cause
damages to organizations and individuals, in addition to administrative sanctions
as stipulated in clause 1, 2 and 3 of this Article, they also make compensation
for damage under the provisions of civil law.
5. Foreigners who commit acts of
administrative violations in the area of fire prevention and fighting in the
territory of Vietnam may be expelled from the Socialist Republic of Vietnam.
The expulsion applied may be the form of administrative sanction or additional
sanction. The competence, order and procedures for applying the sanction of
expulsion shall comply with the provisions of current law on sanction of
expulsion by administrative procedures.
Chapter 2.
ACTS OF ADMINSTRATIVE
VIOLATION AND FORM OF SANCTION
Article 5.
Acts of violation in the issuance and dissemination and organization of
implementation of the regulations and rules on fire prevention and fighting
1. A caution or fine between VND
100,000 and 200,000 for one of the following acts:
a) Failing to fully abide by the
rules and regulations on fire prevention and fighting;
b) Frustrating or letting the
rules, regulations, signboards, ban signal, instruction board about fire
prevention and fighting be old and fuzzy, the letters and instruction symbols
cannot be seen clearly;
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2. A fine between VND 200,000
and 500,000 for one of the following acts:
a) Failing to place and list the
regulations, signboards, ban signal, instruction board about fire prevention
and fighting as prescribed.
b) Failing to observe the rules
and regulations on fire prevention and fighting;
c) Failing to disseminate the
rules and regulations on fire prevention and fighting to the people within its
management;
d) Issuing the rules and
regulations on fire prevention and fighting with inadequate content or
non-conformity with the dangerous characteristics of fire and explosion of the
facility.
3. A fine of between VND
1,000,000 and 2,000,000 for the acts of non-placement and listing of the rules
on fire prevention and fighting.
4. A fine of between VND
2,000,000 and 5,000,000 for the acts of non-promulgation or promulgation of
regulations and rules on fire prevention and fighting contrary to the legal
normative documents of the State.
5. Remedial measures:
a) Coercively restoring the
initial state altered due to administrative violations as prescribed in point
b, clause 1 of this Article.
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Article 6.
Act of violation of regulation on safety inspection of fire prevention and
fighting
1. A fine of between VND 100,000
and 200,000 for the acts of not presenting record and materials to serve the
inspection of the fire prevention and fighting.
2. A fine of between VND 200,000
and 500,000 for one of the following acts:
a) Performing incompletely or
not in a timely manner the recommendations on fire prevention and fire fighting
compulsory in writing by the competent agencies;
b) Failing to send the
responsible person to take part in the inspection Team for the safety of fire
prevention and fire fighting as prescribed.
c) Failing to organize the
inspection of the safety of fire prevention and fighting as prescribed.
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) Failing to organize the
implementation of guiding and directing documents on fire prevention and
fighting of the competent authorities.
b) Failing to perform the
recommendations on fire prevention and fighting of which the competent
authorities have made requirements in writing;
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4. A fine of between VND
10,000,000 and 15,000,000 for the acts after the facility is approved and
accepted of the fire prevention and fighting, before putting the facility into
operation, the facility’s head has no written announcement and sign no
commitment that the facility has met all requirements and maintained the
conditions to ensure the safety of fire prevention and fighting in the course
of using the house, works and business and production operations as prescribed.
Article 7.
Act of violation on record of management of work of fire prevention and
fighting
1. A caution or fine of between
VND 100,000 and 200,000 for one of the following acts:
a) Failing to perform the
statistics and report on the work of fire prevention and fighting as
prescribed;
b) The record of management and
monitoring of the activity of fire prevention and fighting has not adequate
materials as prescribed;
c) Failing to update the changed
information related to the fire prevention and fighting in the record of
management and monitoring of fire prevention and fighting of the facility.
2. A fine of between VND
1,000,000 and 3,000,000 for the acts of failing to make the record of management
and monitoring of fire prevention and fighting as prescribed;
Article 8.
Act of violation of regulations on fire prevention and fighting in management
and preservation and use of dangerous substances and goods at risk of fire and
explosion
1. A caution or fine of between
VND 100,000 and 200,000 for the acts of not having books and records of
monitoring and management of dangerous substances and goods at risk of fire and
explosion as prescribed.
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3. A fine of between VND
2,000,000 and 5,000,000 for the acts of using equipment and means containing
dangerous substances and goods at risk of fire and explosion without any
certificate of inspection or guarantee of safety conditions on fire and
explosion as prescribed.
4. A fine of between VND
10,000,000 and 20,000,000 for the acts of illegal storage of dangerous
substances and goods at risk of fire and explosion
5. A fine of between VND
20,000,000 and 30,000,000 for the acts of illegal use of dangerous substances
and goods at risk of fire and explosion
6. Form of additional sanction:
Confiscating dangerous
substances and goods at risk of fire and explosion for the acts prescribed in
the clause 4 and 5 of this Article.
7. Remedial measures:
a) Coercively building and
formulating the record and books of monitoring and managing dangerous
substances and goods at risk of fire and explosion for the acts prescribed in
the clause 1 of this Article.
b) Coercively preserving,
arranging and placing and reducing amount and volume of dangerous substances
and goods at risk of fire and explosion as prescribed for the acts prescribed
in the clause 2 of this Article;
c) Coercively removing dangerous
substances and goods at risk of fire and explosion to storage and location as
prescribed in clause 3 of this Article.
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1. A fine of between VND 200,000
and 500,000 for one of the following acts:
a) There’s no measure and means
to prevent accumulation of static electricity as prescribed;
b) There’s no measure for
natural ventilation or without mandatory ventilation equipment as prescribed.
2. A fine of between VND
5,000.000 and 10,000.000 for one of the following acts:
a) Failing to install the device
of detection and leaking treatment of dangerous substances and goods at risk of
fire and explosion into the surrounding environment as prescribed;
b) There’s no plan or device to
tackle the crack and break of tank, equipment, pipeline containing oil,
petroleum products and other flammable liquids;
c) Extracting and filling
dangerous substances and goods at risk of fire and explosion at improper place
or extracting and filling dangerous substances and goods at risk of fire and
explosion to the containers of wrong type and discordant with dangerous
substances and goods at risk of fire and explosion.
3. A fine of between VND
10,000.000 and 20,000.000 for the acts of production, business, extraction and
filling of dangerous substances and goods at risk of fire and explosion without
any license as prescribed.
4. A fine of between VND
20,000.000 and 25,000.000 for the acts of production, business of dangerous substances
and goods at risk of fire and explosion in the list of banned trading
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Confiscating the dangerous
substances and goods at risk of fire and explosion for the acts prescribed in
clause 3 and 4 of this Article.
6. Remedial measures:
Coercively taking remedial
measures of the environmental pollution as prescribed for the acts prescribed
at Point a, b of this Article.
Article 10.
Act of violation of regulations on transportation of dangerous substances and
goods at risk of fire and explosion
1. A caution a fine of between
VND 100,000 and 200,000 for one of the following acts:
a) Making damage and rumpling of
transportation license of dangerous substances and goods at risk of fire and
explosion.
b) Failing to bring the transportation
license of dangerous substances and goods at risk of fire and explosion as
prescribed;
c) Failing to take off and
remove logos of dangerous substances and goods at risk of fire and explosion
affixed on means of transporation when dangerous substances and goods at risk
of fire and explosion have been removed from means of transporation.
d) Losing the transportation
license of dangerous substances and goods at risk of fire and explosion but
having notified promptly to the competent authorities.
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a) Failing to arrange dangerous
substances and goods at risk of fire and explosion on means of transporation as
prescribed.
b) Stopping or parking means of
transporation of dangerous substances and goods at risk of fire and explosion
in places prohibited as prescribed.
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) Failing to fully maintain the
conditions on the safety of fire prevention and fighting upon using the
motorized means to transport dangerous substances and goods at risk of fire and
explosion during the time permitted for transportation as prescribed.
b) Transporting other goods
together with dangerous substances and goods at risk of fire and explosion on
the same means of transportation without any permission as prescribed.
c) Carrying person without
duties on the means of transportation of dangerous substances and goods at risk
of fire and explosion.
4. A fine of between VND
5,000.000 and 10,000,000 for one of the following acts:
a) Transporting dangerous
substances and goods at risk of fire and explosion exceeding the amount and
volume and types prescribed in the license;
b) Failing to list the
transporation logo of dangerous substances and goods at risk of fire and
explosion on means of transportation as prescribed.
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d) Loading, unloading, pumping,
transfer dangerous substances and goods at risk of fire and explosion at the
site not ensuring the safety conditions on fire prevention and fighting as
prescribed;
dd) Loading, unloading, pumping,
transfer dangerous substances and goods at risk of fire and explosion on the
way of transportation to other means without permission of competent agencies;
e) Correcting and erasing the
transportation license of dangerous substances and goods at risk of fire and
explosion;
g) Losing the transportation
license of dangerous substances and goods at risk of fire and explosion without
notification to the competent agencies;
5. A fine of between VND
10,000.000 and 15,000,000 for one of the following acts:
a) Transporting dangerous
substances and goods at risk of fire and explosion without transportation
license of dangerous substances and goods at risk of fire and explosion.
b) Falsifying or using false
license to transport dangerous substances and goods at risk of fire and
explosion
6. Form of additional sanction:
a) Depriving the use right of transportation
license of dangerous substances and goods at risk of fire and explosion for the
acts prescribed at Point e, clause 4 of this Article;
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7. Remedial measures:
a) Coercively re-arranging
dangerous substances and goods at risk of fire and explosion as prescribed for
the acts regulated at Point a, clause 2 of this Article.
b) Coercively reducing the
amount, volume and types of dangerous substances and goods at risk of fire and
explosion as prescribed at point a, clause 3 of this Article;
c) Coercively removing dangerous
substances and goods at risk of fire and explosion to the storage and location
as prescribed for the acts regulated at Point a, b, clause 5 of this Article.
Article 11.
Act of violation of regulations on fire prevention and fighting in use of fire
and heat source, fire or heat generating equipment and tool
1. A caution or fine of between
VND 100,000 and 200,000 for one of the following acts:
a) Arranging the cooking and
worship place that does not guarantee the safety of fire prevention and
fighting as prescribed;
b) Bringing matches, lighters,
cell phones, electronic devices or fire or heat generating equipment and tool
in areas where prohibited.
2. A caution or fine of between
VND 200,000 and 500,000 for the acts of using fire and heat source, fire or
heat generating equipment and tool without ensuring a safe distance from fire prevention
and fighting as prescribed.
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a) Using other fire source, cell
phones, electronic devices or fire or heat generating equipment and tool in
areas where prohibited.
b) Welding, cutting metal
without safety measures for fire prevention and fighting as prescribed.
Article 12.
Act of violation of regulations on fire prevention and fighting
1. A caution or fine of between
VND 100,000 and 200,000 for the acts without any provision on fire prevention
and fighting in the use of electricity at facility.
2. A fine of between VND 200,000
and 500,000 for the acts of not using electrical equipment in conformity with
the manufacturer’s instruction
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) Failing to maintain the
regular operation of the emergency lighting system;
b) Changing the design,
structure or key parameters of power system, electrical equipment without the
acceptance from the competent person or agency;
c) Installing and using of
electrical wires, electrical cables or switching equipment, protection
equipment or power consumption equipment without ensuring the safety for fire
prevention and fighting;
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dd) Using electrical equipment
in places where prohibited.
4. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Using electrical equipment
does not guarantee the requirements for fire prevention and and explosion as
prescribed in dangerous environment of fire and explosion;
b) There is no redundant power
supply as prescribed.
5. A fine of between VND
10,000,000 and 20,000,000 for acts of failing to design and install electrical
systems to serve the fire prevention and fighting, rescue and salvage as
prescribed.
6. Remedial measures
Coercively remedying the unsafe
condition due to administrative violations prescribed in Clauses 3, 4 and 5 of
this Article.
Article 13.
Act of violation of regulations on the safety of fire prevention and fighting
in design, performance, checking and maintenance of lightning protection system
1. A fine of between VND 100,000
and 200,000 for the acts of having no monitoring record of lightning protection
system as prescribed.
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3. A fine of between VND
5,000,000 and 10,000,000 for the acts of failing to remedy the shortcomings and
damages to counteract the effect of lightning protection systems.
4. A fine of between VND
10,000,000 and 15,000,000 for the acts of failing to install lightning
protection systems for house and work subject to the installation of lightning
protection systems as prescribed.
5. Remedial measures:
Coercively remedying the unsafe
conditions due to administrative violations prescribed in clause 3 of this
Article.
Article 14.
Act of violation of regulations on fire prevention and fighting in investment
and construction
1. A fine of between VND 100,000
and 200,000 for the acts of having no measures and means to ensure the safety
on fire prevention and fighting during the process of performance and building
of works.
2. A fine of between VND 200,000
and 500,000 for the acts of failing to design the fire prevention and fighting
system for the works subject to having design on fire prevention and fighting.
3. A fine of between VND
1,000,000 and 5,000,000 for the acts of putting the house and building into use
without ensuring one of the conditions on the safety of fire prevention and
fighting for the works not subject to approval of the fire prevention and
fighting as prescribed.
4. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
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b) Failing to submit record for
re-appraisal upon renewal, expansion, modification of the nature of use of the
house and building during the process of performance and use as prescribed.
5. A fine of between VND
10,000,000 to 15,000,000 for one of the following acts:
a) Organizing the performance
and building of works subject to the appraisal and approval on fire prevention
and fighting without having “ Certificate of appraisal and approval on fire
prevention and fighting” as prescribed.
b) Newly fabricating or
converting means of motor vehicle with the special requirements on ensuring the
fire prevention and fighting without any appraisal and approval from the
competent authorities.
6. A fine of between VND
20,000,000 and 30,000,000 for the acts of putting the house and building into
operation and use without organization of the acceptance of fire prevention and
fighting as prescribed.
7. Remedial measures:
a) Coercively remedying the
conditions to ensure the safety on fire prevention and fighting for the acts
prescribed in clause of this Article;
b) Coercively re-performing and
re-installing the items of fire prevention and fighting in accordance with the
approved design on fire prevention and fighting for the acts specified at Point
a, Clause 4 of this Article;
c) Coercively organizating the
remedy of unsafety due to administrative violation or coercively organizing the
acceptance from the state management agency on fire prevention and fighting for
the acts prescribed in clause 6 of this Article.
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1. A caution or fine of between
VND 100,000 and 200,000 for one of the following acts:
a) Placement and arrangement of
materials and goods without ensuring safe distance on fire prevention, fighting
and stopping as prescribed;
b) Failing to organize
industrial hygiene leading to the possibility to create an environment at risk
of fire and explosion
2. A fine of between VND
2,000,000 and 5,000,000 for the acts of building fire resistant wall, fire
resistant partition or fire resistant door and other fire resistant measures without
ensuring the requirements as prescribed.
3. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Building the ceiling, floor,
wall, roof or gathering of combustible materials in places prohibited as
prescribed;
b) Building house in forest or
along forest edge without ensuring the safety on fire prevention and fighting
as prescribed.
4. A fine of between VND
10,000,000 and 20,000,000 for one of the following acts:
a) Failing to clean up flammable
substances in the safety corridor of oil, gas and petroleum products pipelines;
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5. A fine of between VND
20,000,000 and 30,000,000 for one of the following acts:
a) Failing to buil fire
resistant wall, partition and door and fire resistant measures as prescribed;
b) Counteracting the effect of
fire resisting of the fire resistant wall, partition and door and fire
resistant measures.
6. Remedial measures:
a) Coercively restoring the
initial state altered due to administrative violations as prescribed in point
a, clause 1, point b, clause 5 of this Article.
b) Coercively dismantling the
unauthorized building works for the acts specified at Point b, Clause 3, Clause
4 of this Article;
c) Coercively remedying the
unsafe conditions due to administrative violations specified in Clause 2, Point
a, Clause 3, Point a, Clause 4, Point a, Clause 5 of this Article;
Article 16.
Sanction of violations of regulations on escape in fire prevention fighting
1. A caution or fine of between
100,000 and 200,000 for the acts of design of exit doors that do not open in
the direction of escape; mounting the mirror in the escape stairs.
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a) Placing and arranging
materials, goods, vehicles and other objects obstructing the exits;
b) Removing, dismounting or
damaging the emergency lighting equipment, signboards, instruction board on the
emergency exits;
c) Failing to install
signboards, instruction board on the emergency exits;
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) There is inadequate rescue
equipment and tool as prescribed;
b) There is no ventilation and
smoke exhausting equipment as prescribed for the exits;
c) There is no emergency light
equipment on the emergency exits or there is but not enough brightness as
prescribed or not working.
d) Designing and building exit
doors, emergency exits, emergency staircase in sufficient amount, area, width
or not in conformity with regulations.
4. A fine of between VND
5,000,000 and 15,000,000 for the acts of lock, choke and block of emergency
exits.
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6. Remedial measures:
Coercively remedying the unsafety
conditions due to administrative violations prescribed in clause 1, 2, 3, 4,
and 5 of this Article.
Article 17.
Act of violation on fire fighting of the facility
1. A caution or fine of between
VND 100,000 and 200,000 for the acts of failing to control the fire fighting
plan as prescribed.
2. A fine of VND 500,000 and
1,000,000 for one of the following acts:
a) Making the fire fighting plan
not satisfying the requirements as prescribed;
b) Failing to disseminate the fire
fighting plan as prescribed;
3. A fine of VND 1,000,000 and
2,000,000 for one of the following acts:
a) Failing to submit the plan
for approval as prescribed;
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c) Failing to supplement and
adjust the fire fighting plan as prescribed;
d) Failing to fully practice the
fighting circumstances in the fire fighting plan as approved.
4. A fine of VND 2,000,000 and
5,000,000 for one of the following acts:
a) Failing to make the fire fighting
plan as prescribed;
b) Failing to organize practice
of the fire fighting plan as prescribed;
5. Remedial measures:
Coercively remedying the unsafe
conditions due to administrative violations as prescribed in clauses 1, 2, 3
and 4 of this Article.
Article 18.
Act of violation on fire alarm information
1. A caution or fine of between
VND 100,000 and 200,000 for the acts of letting means and equipment of fire
alarm break down or not work.
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a) There is no command and
equipment of fire alarm as prescribed;
b) Slowly fire alarming, not in
a timely manner and incompletely.
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) False fire alarm;
b) Failing to alarm fire or
prevent and hinder the fire alarm;
c) The unit providing
information service does not remedy promptly the breakdown of the fire alarm
information receiving equipment of the fire prevention and fighting police
agencies upon requested in writing.
4. Remedial measures:
Coercively remedying the initial
conditions altered due to administrative violation in clause 1 of this Article.
Article 19.
Act of violation on equipment, maintenance and use of means of fire prevention
and fighting.
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a) Moving and changing the
installation location of the means of fire prevention and fighting according to
the design approved by competent authority;
b) Obscuring means of fire
prevention and fighting.
2. A fine of between VND 200,000
and 500,000 for one of the following acts:
a) Failing to periodically check
and maintain the system and means of fire prevention and fighting as
prescribed;
b) Equipping means of fire prevention
and fighting inadequately or unsynchronously as prescribed;
c) Failing to equip the motor
vehicles with 4 seat or more, specialized motor vehicles to transport dangerous
substances and goods at risk of fire and explosion with means of fire prevention
and fighting as prescribed.
3. A fine of between VND
1,000,000 and 5,000,000 for one of the following acts:
a) Equipping, installing and
using means of fire prevention and fighting whose quality, type and model have
not been inspected as prescribed;
b) Failing to equipping with
means of fire prevention and fighting in conformity with the dangerous nature
of fire and explosion of the facility as prescribed;
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d) Failing to reserve water for
fire fighting as prescribed.
4. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Failing to equip with common
means of fire prevention and fighting for house and building as prescribed;
b) Losing, damaging or
counteracting the effect of means of fire prevention and fighting
5. A fine of between VND
10,000,000 and 20,000,000 for the acts of failing to equip and install fire
alarm and fighting system as prescribed;
6. Remedial measures:
a) Coercively remedying the
unsafe condition due to administrative violations prescribed in clause 2, 3,
point a, clause 4 and 5 of this Article.
b) Coercively restoring the
initial condition altered due to administrative violations prescribed at point
b, clause 4 of this Article.
Article 20.
Act of violation on fire fighting
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2. A fine of between VND 200,000
and 500,000 for the acts of failing to promptly perform the saving of life and
property or fire fighting.
3. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) Failing to readily and
completely prepare the force, means, water resources and other conditions to
serve the fire fighting as prescribed;
b) Failing to arrange traffic
roads, access location to the building, works and other spaces for fire
fighting vehicles and other motor means of fire fighting to operate as prescribed.
4. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Failing to comply with the
order of the person in chage of fire fighting;
b) Failing to comply with the
mobilization order for fire fighting of the competent person;
c) Hindering the activities of
the force and means of fire prevention and fighting ;
d) Failing to participate in
remedying the consequence of the fire upon requirement of the competent person;
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5. A fine of between VND
10,000,000 and 15,000,000 for one of the following acts:
a) Failing to organize the
escape and human rescue or fire fighting;
b) Taking advantage of fire fighting
to cause harm to health and legal property of the citizens and of the state.
6. Remedical measures:
Coercively remedying the unsafe
condition due to administrative violations prescribed in Clause 3 of this
Article.
Article 21.
Act of violation on propagation, dissemination of the law, knowledge, learning,
fostering and training on fire prevention and fighting
1. A caution or fine of between
VND 100,000 to 200,000 for the acts of damaging banners, slogans, billboards,
posters, placards, propagation and promotion pictures on fire prevention and
fighting.
2. A fine of between VND 200,000
and 500,000 for one of the following acts:
a) Failing to organize the
propagation and dissemination of the law and knowledge on fire prevention and
fighting as prescribed;
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3. A fine of between VND
1,000,000 and 2,000,000 for the acts of failing to organize the training and
fostering of fire prevention and fighting as prescribed;
4. Remedial measures:
Coercively restoring the initial
condition altered due to administrative violations prescribed in Clause 1 of
this Article.
Article 22.
Act of violation on establishment, organization and management of the
grassroots force of fire prevention and fighting and specialized force of fire
prevention and fighting
1. A caution or fine of between
VND 100,000 and 200,000 for one of the following acts:
a) Failing to ensure the number
of people and time in a shift and attendance crew on the safety of the fire
prevention and fighting;
b) The grassroots fire fighting
force cannot use proficiently the means of fire prevention and fighting
equipped at the facility.
2. A fine of between VND 200,000
and 500,000 for the acts of failing to allot shift at the facility as
prescribed prescribed.
3. A fine of between VND
1,000,000 and 3,000,000 for one of the following acts:
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b) Failing to manage and
maintain the activities of the grassroots or specialized team of fire
prevention and fighting as prescribed;
4. A fine of between VND
2,000,000 and 5,000,000 for the acts of failing to take part in the activities
of the fire prevention and fighting upon requirements from the competent
person.
5. A fine of between VND
5,000,000 and 10,000,000 for the acts of failing to formulate the grassroots or
specialized team of fire prevention and fighting as prescribed;
6. Remedial measures:
Coercively remedying the unsafe
condition due to administrative violations prescribed in Clause 1, 2, 3 and 5
of this Article.
Article 23.
Act of violation of regulations in the activities of production and business of
means of fire prevention and fighting and design on fire prevention and
fighting.
1. A caution or fine of between
VND 1,000,000 and 3,000,000 for the acts of the design unit on fire prevention
and fighting without any legal entity and technical qualification as
prescribed.
2. A fine of between VND
3,000,000 and 5,000,000 for the acts of individuals and organizations operating
the business of means and equipment of fire prevention and fighting without
satisfying the requirements on material and technical facility and training or
practicing the techniques on fire prevention and fighting.
3. A fine of between VND
5,000,000 and 10,000,000 for the acts of conversion of fire fighting vehicles,
specialized fire fighting ships and boats without permission of competent
agencies.
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5. Remedial measures:
Coercively remedying the unsafe
condition due to administrative violations prescribed in Clause 2, 3 and 4 of
this Article.
Article 24.
Acts of violations of compulsory fire and explosion insurance
1. A fine of between VND
5,000,000 and 10,000,000 for the acts of business of compulsory fire and
explosion insurance without measures of precaution and limit of damage to the
subjects participating in compulsory fire and explosion insurance as prescribed.
2. A fine of between VND
20,000,000 and 30,000,000 for one of the following acts:
a) The facility subject to
buying compulsory fire and explosion insurance but fails as prescribed.
b) Buying compulsory fire and
explosion insurance not in conformity with the principle, premium schedule of
compulsory fire and explosion insurance issued by the Ministry of Finance.
c) The facility is subject to
buying compulsory fire and explosion insurance but fails to separate the
contract of compulsory fire and explosion insurance in the package contract as
prescribed.
d) Failing to deduct the payment
of compulsory fire and explosion insurance in order to contribute fund for the
activities of fire prevention and fighting as prescribed;
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1. A fine of 200,000 VND to
500,000 for the acts of unintentional violation of safety regulations on fire
prevention and fighting upon the occurrence of fire and explosion but without
causing any damage or with the damage under VND 25,000,000.
2. A fine of VND 500,000 to
1,000,000 for the acts of unintentional violation of safety regulations on fire
prevention and fighting upon the occurrence of fire and explosion causing
damage of between VND 25,000,000 and 50,000,000.
3. A fine of VND 2,000,000 to
3,000,000 for the acts of unintentional violation of safety regulations on fire
prevention and fighting upon the occurrence of fire and explosion causing
damage of over VND 50,000,000 but without being prosecuted for criminal liability.
Article 26.
Sanctioning individuals and organizations upon occurrence of fire and
explosion.
1. A fine of between VND 200,000
and 500,000 for the acts of violation of safety regulations on fire prevention
and fighting for the occurrence of fire and explosion causing damage of less
than VND 2,000,000.
2. A fine of between VND 500,000
and 3,000,000 for the acts of unintentional violations of safety regulations
for fire prevention and fighting for the occurrence of fire and explosion
causing damage of between VND 2,000,000 and under 10,000,000.
3. A fine of between VND
3,000,000 and 5,000,000 for the acts of unintentional violations of safety
regulations for fire prevention and fighting for the occurrence of fire and
explosion causing damage of between VND 10,000,000 and under 25,000,000.
4. A fine of between VND
5,000,000 and 10,000,000 for the acts of unintentional occurrence of fire and
explosion causing damage of between VND 25,000,000 and 50,000,000.
5. A fine of between VND
10,000,000 and 20,000,000 for the acts of irresponsibility causing fire and
explosion but not serious enough for criminal liablity prosecution.
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Article 27.
Sanction of expulsion
Foreigners who commit acts of
administrative violation specified in Articles 5, 6, 7, 8, 9, 10, 11, 18, 20 and
21 of this Decree shall, depending on the seriousness of the violation, be
subject to the form of sanction of expulsion from the Socialist Republic of
Vietnam.
Chapter 3.
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article 28.
Competence to sanction administrative violations of People’s Public Security
1. People’s police officer who
is on duty has the right:
a) To impose a caution;
b) To impose a fine up to VND
200,000.
2. Station chief, captain of the
competent persons as prescribed in clause 1 of this Article may:
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b) To impose a fine up to VND
500,000.
3. Police chief of commune, ward
and townlet (hereafter referred to as communal level) has the right
a) To impose a caution;
b) To impose a fine up to VND
2,000,000.
c) To confiscate exhibit and
means used for administrative violations valued up to VND 2,000,000;
d) Coercively restoring the
initial condition altered due to administrative violations.
4. Police chief of district,
town and provincial run city (hereafter referred to as district level) has the
right:
a) To impose a caution;
b) To impose a fine up to VND
10,000,000.
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d) To confiscate exhibit and
means used for administrative violations;
dd) To apply remedial measures
prescribed in this Decree.
5. Head of Division of fire
prevention and fighting, rescue and salvage, Head of police Division on
administrative management of social order, Head of police Division of road and
rail traffic, Head of police Division of waterway, Head of police Division of
prevention of environmental crime, Head of police Division of criminal
investigation of the social order, provincial-level police and Head of
district-level police Division of fire prevention and fighting under the
Service of fire prevention and fighting within their functions, duties and
power have the right:
a) To impose a caution;
b) To impose a fine up to VND
10,000,000.
c) To deprive the license use
right and certificate of practice under the competence;
d) To confiscate exhibit and
means used for administrative violations;
dd)To apply remedial measures
prescribed in this Decree;
6. Directors of police of
central-run cities and provinces (hereafter referred to as provincial level), Director
of police Service of fire prevention and fighting have the right:
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b) To impose a fine up to VND
30,000,000.
c) To deprive the license use
right and certificate of practice under the competence;
d) To confiscate exhibit and means
used for administrative violations;
dd) To confiscate exhibit and
means used for administrative violations;
e) Directors of provincial
–level police have the right to apply the form of sanction of expulsion as
assigned by the Minister of Public Security.
7. Head of Department of fire
prevention and fighting, rescue and salvage, Head of police Department on
administrative management of social order, Head of police Department of road
and rail traffic, Head of police Department of waterway, Head of police
Division of prevention of environmental crime, Head of police Division of
criminal investigation of the social order within their functions, duties and
power have the right:
a) To impose a caution;
b) To impose a fine to a maximum
level specified in point a, clause 2, Article 14 of the Ordinance amending and
supplementing some articles of the Ordinance on Handling of Administrative
Violations 2008;
c) To deprive the license use
right and certificate of practice under the competence;
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dd) To apply remedial measures
prescribed in this Decree;
8. Minister of Public Security
shall decide to apply the form of sanction of expulsion
Article 29.
Competence to sanction administrative violations of Chairman of People’s
Committee of all levels
1. Chairman of communal-level
People’s Committee has the right:
a) To impose a caution;
b) To impose a fine up to VND
2,000,000
c) To confiscate exhibit and
means used for administrative violations valued up to VND 2,000,000;
d) Coercively restoring the
initial condition altered due to administrative violations;
2. Chairman of district-level
People’s Committee has the right:
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b) To impose a fine up to VND
30,000,000
c) To confiscate exhibit and
means used for administrative violations;
d) To deprive the license use
right and certificate of practice under the competence;
dd) To apply remedial measures
prescribed in this Decree;
3. Chairman of provincial-level
People’s Committee has the right:
a) To impose a caution;
b) To impose a fine to a maximum
level specified in point a, clause 2, Article 14 of the Ordinance amending and
supplementing some articles of the Ordinance on Handling of Administrative
Violations 2008;
c) To confiscate exhibit and
means used for administrative violations;
d) To deprive the license use
right and certificate of practice under the competence;
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Article 30.
Competence to sanction administrative violations of other agencies
Apart from persons with
sanctioning competence prescribed in Article 28 and Article 29 of this Decree,
the persons having competence to sanction under the provisions of the Ordinance
on Handling of Administrative Violations 2002 and the Ordinance Amending and
Supplementing some articles of the Ordinance on Handling of Administrative
Violations 2008 while performing functions, duties under their respective
management area and detecting the administrative violation specified in this
Decree shall may sanction as prescribed by law.
Article 31.
Authorized to sanction administrative violations in the area of fire prevention
and fighting
Persons who has competence to
sanction administrative violations prescribed in Clause 2, 3, 4, 5, 6 and 7 of
Article 28; clause 1, 2 and 3 of Article 29 of this Decree may authorize his
deputy to exercise the competence to sanction administrative violations. The
authorization must be made in writing. The deputy authorized must take
responsibility for his decisions on sanctioning of administrative violations
before his superior and law.
Article 32.
Principle to determine competence to sanction administrative violations
1. The competence to sanction
administrative violations in accordance with this Decree is the competence
applicable to an administrative violation. In the case of fines, the
sanctioning competence shall be determined based on the maximum level of the
fine fine bracket prescribed for each specific act of violation. In case of
administrative violation under the competence of many persons, the sanction
shall be made by the first person who handles the case.
2. In the case of sanctioning a
person who commits many acts of administrative violation, the sanctioning
competence shall be determined according to the following principles:
a) If the form and level of
sanction prescribed for every act are under the competence of the sanctioning
person, the sanctioning competence still belongs to that person;
b) If the form and level of sanction
prescribed for one of the acts exceed the competence of the sanctioning person,
that person must transfer the violation case to the sanctioning competent
level.
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Chapter 4.
ORDER AND PROCEDURE FOR
SANCTION OF ADMINISTRATIVE VIOLATION
Article 33.
Order and procedures for sanction of administrative violation
1. Upon detecting administrative
violation in the area of fire prevention and fighting, the person with
sanctioning competence must give order to stop that act of violation.
2. Order and procedure for the
sanction of administrative violation are implemented as follows:
a) For administrative violation
but the form of sanction is a caution or a fine up to VND 200,000 the person
with sanctioning competence shall decide to sanction on the spot under the
simple procedures prescribed in the Article 54 of the Ordinance on Handling of
Administrative Violations Ordinance 2002 and amending and supplementing some
articles of the Ordinance on Handling of Administrative Violations 2008;
b) For administrative violations
sanctions but the form of sanction is a fine of over VND 200,000 the person
with sanctioning competence shall make records of administrative violations as
stipulated in Article 55 of the Ordinance on Handling of Administrative
Violations 2002 and Ordinance amending and supplementing some articles of the
Ordinance on Handling of Administrative Violations 2008 and make a decision on
sanction prescribed in Article 56 of the Ordinance on Handling of
Administrative Violations, 2002; if the violation exceeds the sanctioning
competence of the person making record, that person must send the record to persons
with sanctioning competence to make sanctioning decision as prescribed.
c) Form for sanctioning
administrative violation in the area of fire prevention and fighting are
applied uniformly under the form prescribed in the area of security and order
and social safety.
3. When imposing a fine, the
level of sanction for a specific administrative act is the average level of the
fine bracket for that act specified in this Decree; in case the violations with
extenuating circumstances then the fine may be slightly reduced, but not lower
than the minimum level of the fine bracket; n case the violations with
aggravating circumstances, the level of fine may be increased, but not exceed
the maximum amount of the fine bracket prescribed. When imposing fines, the person
who is fined must be known the fine bracket and specific level of fine.
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Article 34.
Application of measures to prevent administrative violations and ensure the
sanction of administrative violations in the area of fire prevention and
fighting
In case of necessity to promptly
prevent the administrative violations or to ensure the sanction of
administrative violations in the area of fire prevention and fighting, the
measure of temporary detention of people and exhibits and means of
administrative violations shall apply; searching body, transportation vehicles,
and objects and places where the exhibits and means of administrative
violations are concealed in accordance with the Ordinance on Handling of
administrative Violations Ordinance 2002 and amended supplementing some
articles of the Ordinance on Handling of Administrative Violations 2008.
Article 35.
Collection of fines of administrative violations
1. Individuals and organizations
imposed fines for administrative violations in the area of fire prevention and
fighting must pay fines in a timely manner at the State Treasury specified in
the sanctioning decision, except for payment of fines made on the spot
prescribed in Article 54 of the Ordinance on Handling of Administrative
Violations Ordinance 2002 and amending and supplementing some articles of the
Ordinance on Handling of Administrative Violations 2008 and having received
fine receipts. The collection of fines must use receipts issued by the Ministry
of Finance in accordance with regulations.
2. In remote areas, on river or
sea, areas where travel is difficult or non-working hours, the individuals and
organizations sanctioned may make fine payment to person with sanctioning
competence. Person with sanctioning competence shall have to collect fines on
the spot and pay into the State Treasury as stipulated in clause 3, Article 58
of the Ordinance on Handling of Administrative Violations 2002. The sanctioned
person is entitled delay the fine payment if there is no fine receipt issued by
the Ministry of Finance as prescribed.
Article 36.
Compliance with decision on sanction of administrative violations
1. Individuals and organizations
sanctioned for administrative violations in the area of fire prevention and fighting
must abide by the sanctioning decision within 10 days from the date of
receiving the sanction decision. If exceeding that time limit but individuals
and organizations sanctioned do not voluntarily execute the sanctioning
decision, they shall be enforced as prescribed by law.
2. Individual who is fined from
VND 500,000 or more may postpone the execution of the fine as prescribed in
Article 65 of the Ordinance on Handling of Administrative Violations 2002.
3. When necessary, the person
with santioning competence or the sanctioning agency for individuals and
organizations that commit acts of administrative violations in the area of fire
prevention and fighting have the right to publicly announce the acts of
administrative violations, the sanctioning decision to the local agency,
organization or authorities where the violating individuals are working or
residing and to the direct superior management agency or local authorities
organizations where the violating organizations register their activities.
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The deprivation of the license
use right and certificate of practice is only be made for acts of violation
prescribed in this Decree, other decrees of the Government on sanction of
administrative violations related to fire prevention and fighting shall comply
with the provisions of the Ordinance on Handling of Administrative Violations
Ordinance 2002 and amending and supplementing some articles of the Ordinance on
Handling of Administrative Violations 2008.
Article 38.
Transfer of records of violations with criminal signs for criminal liability
prosecution
In case considering the
violation cases for making sanctioning decisions, if finding the violations
bearing the signs of crime or for the case where the santioning decision has
been made, if later detecting violations with the signs of crime but the
limitation for criminal liability prosecution has not expired, the record of
the violation with the signs of crime must be transferred to the competent
agency conducting criminal proceedings in accordance with the provisions in
Article 62 of the Ordinance on Handling of administrative violations 2002.
Article 39.
Complaint and denunciation
1. Individuals and organizations
sanctioned for administrative violations in the area of fire prevention and
fighting or their legal representatives have the right to appeal against
decisions on sanctioning of administrative violations, decisions to apply
preventive measures and guarantee of the handling of administrative violations
of the competent persons.
Individuals have the right to
make denunciation to the competent State agencies on the acts contrary to the
law on sanction of administrative violations in the area of fire prevention and
fighting.
2. The complaints and
denunciations and the settlement of complaints and denunciations shall comply
with the law provisions on complaints and denunciations.
3. The lawsuits against
decisions on sanction of administrative violations, decisions on the application
of preventive measures and guarantee of the handling of administrative
violations in the area of fire prevention and fighting shall comply with the
provisions of law on administrative proceedings.
Chapter 5.
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Article 40.
Effect
This Decree takes effect as from
August 5, 2012 and supersedes the Decree No. 123/2005/ND-CP dated October 5,
2005 prescribing the sanctio of administrative violations in the area of fire
prevention and fighting.
Article 41.
Responsibility for implementation
1. Minister of Public Security
is responsible for organizing the implementation, guidance, inspection and urge
of the implementation of this Decree.
2. The ministers, heads of
ministerial-level agencies, heads of agencies under the government, Chairman of
People’s Committee of central run provinces and cities and other organizations
and individuals are liable to implement this Decree. /.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung