THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 18/2020/ND-CP
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Hanoi, February 11, 2020
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON LAND SURVEYING AND MAPPING
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Land Surveying and Mapping dated June 14, 2018;
At the request of the
Minister of Natural Resources and Environment;
The Government hereby
promulgates a Decree on penalties for administrative violations against
regulations on land surveying and mapping.
Chapter
I
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Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures against each
violation; the power to impose penalties, and the power to record
administrative violations against regulations on land surveying and mapping.
2. Other administrative violations
against regulations on land surveying and mapping which are not prescribed in
this Decree shall be governed by other relevant Government's Decrees on
penalties for administrative violations within the scope of state management.
Article
2. Regulated entities
1. This Decree applies to
domestic and foreign organizations and individuals (hereinafter referred to as
“entities”) that commit administrative violations against regulations on land
surveying and mapping within the territory of the Socialist Republic of
Vietnam; the persons that have the power to record administrative violations,
authorities, organizations and individuals involved in imposition of penalties
for administrative violations against regulations on land surveying and mapping
in accordance with regulations of this Decree.
2. Organizations
facing penalties for administrative violations regulated by this Decree
include:
a) Enterprises that are
duly established and operate in accordance with Vietnam’s laws; branches and
representative offices of foreign enterprises operating in Vietnam;
b) Public service
providers;
c) Non-public services
providers;
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dd) Foreign contractors
that are organizations in accordance with regulations of law on bidding;
e) Regulatory authorities
committing violations which are not related to their assigned state management
duties;
g) Professional
associations operating in the field of land surveying and mapping.
Article
3. Penalties and remedial measures
1. Primary penalties
For each administrative
violation against regulation on land surveying and mapping regulated by this
Decree, the violator will receive either:
a) a warning; or
b) a fine.
2. Additional penalties
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a) Suspension of the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
b) Confiscation of the
exhibits and instrumentalities used for committing administrative violations;
c) Expulsion.
3. Remedial measures
Entities that commit administrative
violations regulated by this Decree, in addition to incurring the penalties
specified in Article 4 of this Decree, may be liable to one or some of the
following remedial measures:
a) Enforced restoration
to original condition;
b) Enforced dismantling
of buildings or parts thereof;
c) Enforced destruction
of land surveying and mapping data and products;
d) Enforced recall of
land surveying and mapping data and products and map publications;
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e) Enforced transfer of
land surveying and mapping information and data;
g) Enforced return of
illegal benefits obtained from the administrative violations;
h) Enforced destruction
of land surveying and mapping products and map publications;
Article
4. Fines and power to impose fines
1. The maximum fine for
an administrative violation against regulations on land surveying and mapping
incurred by an individual is VND 50,000,000; that incurred by an organization
is VND 100,000,000.
2. The fines prescribed
in Chapter II hereof are imposed for administrative violations committed by
individuals. The fine incurred by an organization is twice as much as the fine
incurred by an individual for the same violation.
3. The maximum fines
imposed by the persons mentioned in Articles 14 through 22 of this Decree are
incurred by individuals. The maximum fines they may impose upon organizations
are twice as much as the fines incurred by individuals.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Falsifying the land
surveying and mapping practicing certificate;
b) Practicing land
surveying and mapping against the practicing certificate.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Falsifying the
application for issuance of the land surveying and mapping license;
b) Practicing land
surveying and mapping without the practicing certificate or during the license
suspension period;
c) Carrying out land
surveying and mapping activities without maintaining the fulfillment of
prescribed conditions for issuance of the land surveying and mapping license.
3. 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 land
surveying and mapping activities against the land surveying and mapping
license;
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c) Carrying out land
surveying and mapping activities with an unexpired land surveying and mapping
license.
4. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for carrying out land
surveying and mapping activities without the license or carrying out land
surveying and mapping activities during the license suspension period.
5. Additional penalties:
a) Confisticate the
exhibit or instrumentality used for committing the administrative violation if
any of the violations mentioned in Point a Clause 1, Point a Clause 2 and Point
b Clause 3 of this Article is committed;
b) Suspend the land
surveying and mapping license for 03 - 12 months if the violation mentioned in
Point c Clause 2 of this Article is committed.
6. Remedial measures:
The violator is compelled
to destroy land surveying and mapping data/products obtained from the
violations mentioned in Point b Clause 2 and Clause 4 of this Article without
ensuring quality in accordance with regulations of law on land surveying and
mapping.
Article
6. Violations against regulations on construction, use and production of land
surveying infrastructure works
1. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for failure to notify the
communal People’s Committee of the use of a survey marker.
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a) Constructing,
repairing or renovating an architectural work within the safety corridor of a
land surveying infrastructure work without complying with regulations of the
Land Law regarding safety corridors of works and other relevant regulations of
law;
b) Relocating or
dismantling a survey marker without the approval from the authority managing
such survey marker.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for destroying or damaging a
survey marker.
4. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for building a network of GPS
satellites for commercial purpose against the list of prioritized investment
projects approved by Ministries, ministerial agencies, Governmental agencies
and provincial People’s Committees.
5. Remedial measures:
a) The violator is
compelled to restore the original condition which is changed by any of the
violations mentioned in Point b Clause 2 and Clause 3 of this Article;
b) The violator is
compelled to dismantle the work or part thereof if the violation mentioned in
Point a Clause 2 of this Article is committed;
c) The violator is
compelled to dismantle the GPS satellites if the violation mentioned in Clause
4 of this Article is committed.
Article
7. Violations against regulations on preparation and execution/performance of
land surveying and mapping projects, technical designs, cost estimates and
tasks
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Using land surveying
and mapping information/data/products of unknown origin for preparing and
realizing a land surveying and mapping project, technical design, cost estimate
or task;
b) Failure to verify
measuring instruments on the list of measuring instruments for land surveying
and mapping that are required to undergo verification in accordance with
regulations laid down by the Minister of Science and Technology;
c) Using measuring
instruments that fail to meet specifications in accordance with regulations on
realization of a land surveying and mapping project, technical design, cost
estimate or task;
d) Representing
inaccurate administrative division lines on the land surveying and mapping
information/data/products while preparing and realizing a land surveying and
mapping project, technical design, cost estimate or task;
3. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any one of the following
violations:
a) Forging or falsifying
land surveying and mapping information/data/products while preparing and
realizing a land surveying and mapping project, technical design, cost estimate
or task;
b) Showing inaccurate
national border lines and territorial sovereignty on the land surveying and
mapping information/data/products while preparing and realizing a land
surveying and mapping project, technical design, cost estimate or task;
c) Failure to use basic
land surveying and mapping information/data/products while preparing and realizing
a specialized land surveying and mapping project, technical design, cost
estimate or task;
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4. Additional penalties:
Suspend the land
surveying and mapping license or land surveying and mapping practicing
certificate for 03 - 12 months if the violation mentioned in Point c Clause 3
of this Article is committed.
5. Remedial measures:
a) The violator is
compelled to destroy land surveying and mapping data/products if any of the
violations mentioned in Point b, Point c Clause 2 and Point a Clause 3 of this Article
is committed;
b) The violator is
compelled to correct land surveying and mapping information/product/data or map
publication if any of the violations mentioned in Clause 1, Point d Clause 2,
Point b Clause 3 of this Article is violated.
Article
8. Violations against regulations on inspection of quality of land surveying
and mapping products
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any one of the following
violations:
a) Failure to verify
measuring instruments on the list of measuring instruments for land surveying
and mapping that are required to undergo verification in accordance with
regulations laid down by the Minister of Science and Technology;
b) Using measuring
instruments that fail to meet specifications in order to inspect quality of
land surveying and mapping products;
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2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Inspecting quality of
land surveying and mapping products with insufficient contents or insufficient
inspection level in accordance with regulations of law on land surveying and
mapping;
b) Forging or falsifying
land surveying and mapping data/products during the inspection of land
surveying and mapping product quality.
3. Additional penalties:
Suspend the land
surveying and mapping license or land surveying and mapping practicing
certificate for 03 - 12 months if the violation mentioned in Point b Clause 2
of this Article is committed.
4. Remedial measures:
The violator is compelled
to destroy the land surveying and mapping data/products if any of the
violations mentioned in Point a, Point b Clause 1 and Point b Clause 2 of this
Article is committed.
Article
9. Violations against regulations on reporting of land surveying and mapping
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for failure to notify the
authority licensing land surveying and mapping of the change of technical
personnel or headquarters address.
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Article
10. Violations against regulations on transfer, provision, exploitation, use
and exchange of land surveying and mapping information, data and products
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any one of the following
violations:
a) Using land surveying
and mapping information/data/products to realize a land surveying and mapping
project, technical design, estimate or task against the land surveying and
mapping information/data/product request form;
b) Exchanging and
providing land surveying and mapping information/data/product that is public
property to a domestic or foreign entity against regulations of law on land
surveying and mapping;
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to transfer land
surveying and mapping information/data/products for storage purpose in accordance
with regulations of law on land surveying and mapping.
3. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for international exchange or
import/export of land surveying and mapping information/data/products related
to national sovereignty without representing or without accurately representing
the national sovereignty or national border lines in accordance with
regulations of law on land surveying and mapping.
4. Additional penalties:
a) The exhibit or instrumentality
used for committing the administrative violation shall be confiscated if the
violation mentioned in Clause 3 of this Article is committed;
b) Based on the
violation's seriousness, the foreign individual that commits the administrative
violation specified in Clause 3 of this Article may be expelled from the
Socialist Republic of Vietnam.
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The violator is compelled
to:
a) return the illegal
benefits that are obtained from the administrative violation mentioned in Point
b Clause 1 of this Article;
b) transfer the land
surveying and mapping information/data/product if the violation mentioned in
Clause 2 of this Article is committed;
c) recall the land
surveying and mapping data/product/map publication if the violation mentioned
in Clause 3 of this Article is committed;
d) destroy the land
surveying and mapping data/product/map publication if the violation mentioned
in Clause 3 of this Article is committed.
Article
11. Violations against regulations on publishing and circulation of land
surveying and mapping products and map publications
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for publishing or circulating
a land surveying and mapping product or map publication that represents
inaccurate administrative divisions in accordance with regulations of law on
land surveying and mapping.
2. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for circulating a land
surveying and mapping product or map publication related to national
sovereignty without representing or without accurately representing the
national sovereignty or national border lines in accordance with regulations of
law on land surveying and mapping.
3. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for publishing a land
surveying and mapping product or map publication related to national
sovereignty without representing or without accurately representing the
national sovereignty or national border lines in accordance with regulations of
law on land surveying and mapping.
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a) The exhibit or
instrumentality used for committing the administrative violation shall be
confiscated if any of the violations mentioned in Clauses 2 and 3 of this
Article is committed;
b) Based on the
violation's seriousness, the foreign individual that commits the administrative
violations specified in Clauses 2 and 3 of this Article may be expelled from
the Socialist Republic of Vietnam.
5. Remedial measures:
The violator is compelled
to:
a) correct land surveying
and mapping information/data/map publication if any of the violations mentioned
in Clauses 1 and 2 of this Article is violated;
b) recall the land
surveying and mapping data/product/map publication if any of the violations
mentioned in Clauses 2 and 3 of this Article is committed;
c) destroy the land
surveying and mapping data/product/map publication if the violation mentioned
in Clause 3 of this Article is committed;
d) return the illegal
benefits that are obtained from the administrative violations mentioned in
Clauses 2 and 3 of this Article.
Article
12. Act of obstructing legal land surveying and mapping activities carried out
by entities
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2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for obstructing the legal land
surveying and mapping activities carried out by an entity.
Article
13. Act of misusing land surveying and mapping activities to infringe upon
national interests and lawful rights and interests of entities
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for misusing land surveying
and mapping activities to infringe upon lawful rights and interests of an
entity.
2. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for misusing land surveying
and mapping activities to infringe upon national interests.
3. Additional penalties:
a) The exhibit or
instrumentality used for committing the administrative violation shall be
confiscated if the violation mentioned in Clause 2 of this Article is
committed;
b) The land surveying and
mapping license or land surveying and mapping practicing certificate shall be
suspended for 03 - 12 months if the violation mentioned in Clause 2 of this
Article is committed.
c) Based on the
violation's seriousness, the foreign individual that commits the administrative
violation specified in Clause 2 of this Article may be expelled from the
Socialist Republic of Vietnam.
4. Remedial measures:
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Chapter
III
POWER TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS, RECORD ADMINISTRATIVE
VIOLATIONS AND ENFORCE REMEDIAL MEASURES IN THE FIELDS OF LAND SURVEYING AND
MAPPING
Article
14. The power to impose administrative penalties of Presidents of People's
Committees at all levels
Presidents of People’s
Committees are entitled to impose penalties for the administrative violations
specified in Chapter II of this Decree. To be specific:
1. Presidents of the
communal People's Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 5,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 5,000,000;
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2. Presidents of the
district-level People's Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
dd) enforce the remedial
measures mentioned in Clause 3 Article 3 of this Decree.
3. Presidents of the
provincial People's Committees are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
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d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the remedial
measures mentioned in Clause 3 Article 3 of this Decree.
Article
15. The power to impose administrative violations of inspectors and agencies
assigned to conduct natural resources and environment inspections
Inspectors and agencies
assigned to conduct natural resources and environment inspections are entitled
to impose penalties for the administrative violations specified in Chapter II
of this Decree. To be specific:
1. Natural resources and environment
inspectors and persons who are assigned to conduct natural resources and
environment inspections in the performance of their duties are entitled to:
a) issue warnings;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 500,000;
c) enforce the remedial
measures mentioned in Point a Clause 3 Article 3 of this Decree.
2. Chief Inspectors of
provincial Departments of Natural Resources and Environment, chiefs of
provincial inspectorates, chiefs of inspectorates of agencies assigned to
conduct specialized inspections are entitled to:
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b) impose a maximum fine
of VND 25,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
dd) enforce the remedial
measures mentioned in Clause 3 Article 3 of this Decree.
3. Chiefs of ministerial
inspectorates:
a) issue warnings;
b) impose a maximum fine
of VND 35,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the exhibits
and instrumentalities used for administrative violation commission whose value
does not exceed VND 35,000,000;
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4. Chief Inspector of
Ministry of Natural Resources and Environment, Director General of General
Department of Geology and Minerals of Vietnam, Director General of Vietnam
Environment Administration and Director General of General Department of Land
Administration are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the remedial
measures mentioned in Clause 3 Article 3 of this Decree.
Article
16. The power to impose administrative penalties of People's Public Security
Force
The power of the People’s
Public Security Force to impose penalties for administrative violations and
enforce remedial measures is specified in Article 39 of Law on Penalties for
Administrative Violations. Persons that have the power to impose administrative
penalties of People's Public Security Force are entitled to impose penalties for
the administrative violations in Clauses 1 and 3 Article 10, Clauses 1, 2 and 3
Article 11, Article 12, Clauses 1 and 2 Article 13 of this Decree within their
area and their jurisdiction as specified in Clauses 1, 2, 3 and 4 of this
Article.
1. Chiefs of communal
police authorities, chiefs of police stations and chiefs of police stations of
border checkpoints and export-processing zones are entitled to confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 2,500,000.
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a) impose a maximum fine
of VND 10,000,000;
b) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 10,000,000;
d) enforce the remedial
measures mentioned in Points d, dd and h Clause 3 Article 3 of this Decree.
3. Directors of
provincial police authorities are entitled to:
a) impose a maximum fine
of VND 25,000,000;
b) suspend the land surveying
and mapping license or the land surveying and mapping practicing certificate
for 03 - 12 months;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
d) order the expulsion;
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4. Directors of Economic
Security Department, Department of Cybersecurity and High-tech Crime Prevention
and Control, Social Order-related Crime Investigation Department, Police
Department of Environmental Crime Prevention and Control, Social Order Police
Department, Traffic Police Department, Internal Political Security Department
and Corruption, Economy and Smuggling-related Crime Investigation Department
are entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
5. The Director of the
Immigration Department is entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
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dd) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
Article
17. The power to impose administrative penalties of the Border Guard
Persons that have the
power to impose administrative penalties of the Border Guard are entitled to
impose penalties and enforce remedial measures against the administrative
violations in Point b Clause 1 and Clause 3 Article 10, Clause 2 Article 11,
Article 12, Clauses 1 and 2 Article 13 of this Decree within their area and their
jurisdiction as specified in Clauses 1 and 2 of this Article.
1. Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to:
a) impose a maximum fine
of VND 10,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 10,000,000;
c) enforce the remedial
measures mentioned in Points d and dd Clause 3 Article 3 of this Decree.
2. Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command are entitled to:
a) impose a maximum fine
of VND 50,000,000;
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c) enforce the remedial
measures mentioned in Points d, dd and g Clause 3 Article 3 of this Decree.
Article
18. The power to impose administrative penalties of the Coast Guard
Persons that have the power
to impose administrative penalties of the Coast Guard are entitled to impose
penalties and enforce remedial measures against the administrative violations
in Clause 1, Point b Clause 2, Clauses 3 and 4 Article 5, Clauses 2, 3 and 4
Article 6, Points c and d Clause 2, Points b and d Clause 3 Article 7, Point b
Clause 1 and Clause 3 Article 10, Clauses 1, 2 and 3 Article 11, Article 12,
Clauses 1 and 2 Article 13 of this Decree within their area and their
jurisdiction as specified in Clauses 1, 2, 3, 4 and 5 of this Article.
1. Coastguard squad
leaders and captains of coastguard stations are entitled to impose a maximum
fine of VND 5,000,000.
2. Commanders of
coastguard platoons are entitled to:
a) impose a maximum fine
of VND 10,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 10,000,000;
c) enforce the remedial
measures mentioned in Points d, dd and h Clause 3 Article 3 of this Decree.
3. Commanders in chief of
coastguard squadrons are entitled to:
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b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 15,000,000;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
4. Commanders of regional
coastguard command centers are entitled to:
a) impose a maximum fine
of VND 25,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
5. Commander of the Coast
Guard is entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) confiscate the
exhibits and instrumentalities for committing administrative violations;
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Article
19. The power to impose administrative penalties of the customs
Persons that have the
power to impose administrative penalties of the customs are entitled to impose
penalties and enforce remedial measures against the administrative violations
in Point b Clause 1 and Clause 3 Article 10, and Clause 2 Article 11 of this
Decree within their area and their jurisdiction as specified in Clauses 1, 2
and 3 of this Article.
1. 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) impose a maximum fine
of VND 25,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
2. 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) impose a maximum fine
of VND 50,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 50,000,000;
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3. Director General of
General Department of Customs is entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) confiscate the exhibits
and instrumentalities for committing administrative violations;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
Article
20. The power to impose administrative penalties of market surveillance authorities
Persons that have the
power to impose administrative penalties of the customs are entitled to impose
penalties and enforce remedial measures against the administrative violations in
Point b Clause 1 and Clause 3 Article 10, and Clause 2 Article 11 of this
Decree within their area and their jurisdiction as specified in Clauses 1, 2
and 3 of this Article.
1. Leaders of market
surveillance teams are entitled to:
a) impose a maximum fine
of VND 25,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
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2. Directors of
provincial Market Surveillance Departments and
Director of Market Surveillance Operations Department are entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 50,000,000;
c) enforce the remedial
measures mentioned in Points g and h Clause 3 Article 3 of this Decree.
3. Director General of
Vietnam Directorate of Market Surveillance is entitled to:
a) impose a maximum fine
of VND 50,000,000;
b) confiscate the
exhibits and instrumentalities for committing administrative violations;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
Article
21. The power to impose administrative penalties of seaport authorities,
airport authorities, inland waterways port authorities
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1. Chief representatives
of seaport authorities, airport authorities, the inland waterway port
authorities are entitled to impose a maximum fine of VND 10,000,000.
2. Directors of seaport
authorities, airport authorities, and the inland waterway port authorities
affiliated to Vietnam Inland Waterway Administration are entitled to:
a) impose a maximum fine
of VND 25,000,000;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
c) enforce the remedial
measures mentioned in Points d, dd, g and h Clause 3 Article 3 of this Decree.
Article
22. The power to impose administrative violations of inspectors and agencies
assigned to conduct transport, construction, industry and trade and agriculture
and rural development inspections
1. The power to impose
administrative violations of inspectors and agencies assigned to conduct
specialized inspections:
a) Inspectors and
agencies assigned to conduct transport, industry and trade and agriculture and
rural development inspections are entitled to impose penalties and enforce the
remedial measures against the administrative violations mentioned in Articles
5, 7, 8 and 10 of this Decree;
b) Inspectors and
agencies assigned to conduct construction inspections are entitled to impose
penalties and enforce the remedial measures against the administrative
violations mentioned in Articles 5, 6, 7, 8 and 10 of this Decree.
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a) issue warnings;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 500,000;
c) enforce the remedial measures
mentioned in Points a and h Clause 3 Article 3 of this Decree.
3. Chief Inspectors of
provincial Departments, chiefs of inspectorates of provincial authorities,
chiefs of inspectorates of regulatory agencies assigned to conduct specialized
inspections are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission
whose value does not exceed VND 25,000,000;
dd) enforce the remedial
measures mentioned in Points c, d and h Clause 3 Article 3 of this Decree.
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a) issue warnings;
b) impose a maximum fine
of VND 50,000,000;
c) suspend the land
surveying and mapping license or the land surveying and mapping practicing
certificate for 03 - 12 months;
d) confiscate the
exhibits and instrumentalities used for administrative violation commission;
dd) enforce the remedial
measures mentioned in Points c, d and h Clause 3 Article 3 of this Decree.
Article
23. The power to record administrative violations
The persons below are
entitled to record administrative violations against regulations on land
surveying and mapping:
1. Persons that have the
power to impose penalties for administrative violations specified in Chapter
III of this Decree.
2. Chiefs of land
surveying and mapping inspectorates, officials and persons of the Army or
People's Public Security Force working at regulatory authorities
mentioned in Articles 14 through 22 hereof in their performance of their duties
related to land surveying and mapping inspections.
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Chapter
IV
IMPLEMENTATION
CLAUSE
Article
24. Effect
1. This Decree comes into
force from April 01, 2020.
2. This Decree repeals
Clause 3 Article 1 and Chapter 3 and removes the phrase "đo đạc và bản đồ"
("land surveying and mapping") from the title of the Decree, legal
references, the title of Chapter 4, Article 2, Clause 1 Article 3 and Point a
Clause 1 Article 20 of the Government’s Decree No. 173/2013/ND-CP dated
November 13, 2013; removes the phrase "đo đạc và bản đồ" ("land
surveying and mapping") from the Government’s Decree No. 84/2017/ND-CP
date July 18, 2017.
Article
25. Transitional clauses
1. If any administrative
violation 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 of the Decrees No. 173/2013/ND-CP and No. 84/2017/ND-CP
shall apply. If the regulations on penalty imposition specified in this Decree
are advantageous to entities, they shall prevail.
2. In case a decision on
penalty imposition for the same violation has been issued but not implemented
or fully implemented, it shall be enforced.
Article
26. Responsibility for implementation
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2. The Minister of
Natural Resources and Environment shall, within the Minister’s jurisdiction,
organize and provide guidelines for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc